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March 02, 2023 | New York Law Journal

Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions

In this article, authors Elkan Abramowitz and Jonathan S. Sack discuss victims' rights in federal criminal law, and then the pair move to the facts in the Boeing prosecution and Judge Reed O'Connor's consideration of the victims' claims.
10 minute read
February 21, 2023 | New York Law Journal

Substantial Federal Questions Keep State Law Claims in Federal Court

In recognition of a century-old practice, the U.S. Supreme Court in Grable & Sons Metal Products v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), applied the "substantial federal question doctrine" to uphold the removal to federal court of a case that absent application of the doctrine would not have been subject to removal, contributors Edward M. Spiro and Christopher B. Harwood write.
9 minute read
HPHD Investors Group LLC v. Ioannou
Publication Date: 2023-02-21
Practice Area: Real Estate
Industry: Real Estate
Court: Supreme Court, Nassau
Judge: Justice Thomas Rademaker
Attorneys:
For plaintiff:
For defendant:
Case number: 12146/2013

Lender Fails to Satisfy RPAPL §1303's Condition Precedent in Filing Foreclosure Action

February 08, 2023 | New York Law Journal

The Muddy Waters of Insider Trading Law Just Got Muddier

The procedural posture of 'Blaszczak' adds new cracks to the already unstable foundation of insider trading precedent.
11 minute read
U.S. v. Farooq
Publication Date: 2023-02-03
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Michael H. Park
Attorneys:
For plaintiff: For Appellee: Amy Busa, on the brief, Kayla C. Bensing, Assistant United States Attorneys, for Breon Peace, United States Attorney for the Eastern District of New York, New York, NY.
For defendant: For Defendant-Appellant: Brian A. Jacobs, on the brief, Joshua Philip Bussen, Morvillo Abramowitz Grand Iason & Anello P.C., New York, NY.
Case number: 21-0707

Extortion Judgment Upheld; Plea Proceedings Not Defective, First Amendment Not Violated

January 25, 2023 | New York Law Journal

'U.S. v. Benjamin' Sheds Light on Tangled Federal Bribery Law

We are sure to see public corruption cases brought in the future. We are also sure to see continued challenges for prosecutors and courts, and perhaps opportunities for defense counsel.
10 minute read
January 18, 2023 | New York Law Journal

U.S. Supreme Court To Address the IRS's Summons Authority

On Dec. 9, 2022, the court granted a writ of certiorari in 'Polselli v. IRS' to address a two-decade old Circuit split regarding the scope of the Internal Revenue Service's obligation to provide notice when it seeks records in connection with its efforts to collect past due taxes.
9 minute read
December 22, 2022 | New York Law Journal

Law Firms Are Not Just 'Any Person'

Courts sometimes will not apply statutes in accordance with their literal terms when doing so would contravene other policies. That is precisely what occurred in 'Astraea'.
7 minute read
December 07, 2022 | New York Law Journal

Setbacks Prosecuting Trump Allies Highlight Challenges in Foreign Influence Cases

In its recent stepped-up enforcement efforts against foreign influence in American politics, the DOJ has faced some high-profile setbacks when it has sought to use the broad reach of 18 U.S.C. §951 to pursue conduct outside the context of traditional espionage.
12 minute read
November 16, 2022 | New York Law Journal

Litigating IRS Penalty Approval

Given that the Tax Court applies the law as interpreted by the Court of Appeals in the Circuit where the taxpayer lives, the varying interpretations of the supervisory approval requirement mean that liability for substantial penalties may turn on where the taxpayer resides.
9 minute read

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