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April 15, 2024 | New York Law Journal

'Martindell' Presumption Does Not Extend to Protective Orders in Arbitrations

In 'In re Grand Jury Subpoena Dated February 22, 2024, 2024', Judge Jesse Furman of the Southern District of New York confronted whether the Second Circuit's 'Martindell' test extends to protective orders issued by an arbitrator rather than by a district judge.
9 minute read
April 10, 2024 | New York Law Journal

Testing SCOTUS's 'Unmistakable Trend' in Shadow of Trump Prosecution

'Fischer' presents an interesting test of whether SCOTUS will continue its "unmistakable" message that courts should not assign federal criminal statutes a potentially wide-ranging scope "when a narrower reading is reasonable." To court watchers, the odds appear to be against affirmance. The case's potential impact on the Trump prosecution makes it all the more intriguing.
11 minute read
March 20, 2024 | New York Law Journal

Attorney-Client Privilege in the Global Economy

Lawyers involved in planning cross-border transactions and those litigating subsequent disputes need to be cognizant of what privileges apply in all relevant jurisdictions and take steps to ensure that communications will be protected in each jurisdiction.
11 minute read
February 29, 2024 | New York Law Journal

Supreme Court To Decide Scope of Key Federal Corruption Statute

Section 666 of Title 18 has become one of the most important legal tools used in the federal prosecution of state and local corruption. It will soon be taken up by the Supreme Court. This article discusses another important federal anti-corruption statute, 18 U.S.C. §201. It then describes the competing interpretations of Section 666 and concludes with comments on the implications of a Supreme Court decision in 'United States v. Snyder'.
10 minute read
February 21, 2024 | New York Law Journal

When Communications Concerning a Client Can Be Withheld From the Client

Conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.
10 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

View more book results for the query "'Morvillo Abramowitz Grand'"

Appellate Division, First Department: February 20, 2024
Publication Date: 2024-02-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
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Case number: DOCKET

Appeals & Motions List released on:February 15, 2024

February 07, 2024 | New York Law Journal

SDNY Outreach to 'Whistleblowers' Takes Page from Main Justice Playbook

The Southern District of New York's latest tool in white-collar criminal enforcement, SDNY's Whistleblower Pilot Program, is the first of its kind, offering a non-prosecution agreement to individuals in exchange for working with SDNY prosecutors to "figure out what [they] don't know."
12 minute read
January 17, 2024 | New York Law Journal

Tax Return Confidentiality: Recent Developments

Over the past year, federal courts have issued decisions clarifying the extent to which §6103 shields tax returns and return information from disclosure in civil litigation, the extent to which the IRS is permitted to disclose confidential information during and in connection with investigations, and the application of a safe harbor shielding the government from liability for unauthorized disclosures.
10 minute read
January 11, 2024 | New York Law Journal

Second Circuit Analyzes Contours of Bribery in Bank Corruption Case

Bribes and kickbacks of public and private officials in the United States are still prosecuted under the mail/wire fraud statutes and the Hobbs Act, but departures from paradigmatic cases have become more vulnerable to challenge. The Second Circuit's recent affirmance in the case of a bank officer convicted of corruption is noteworthy when viewed against that backdrop.
11 minute read
December 18, 2023 | New York Law Journal

The TVPA Does Not Preempt State Indemnification and Contribution Claims

Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis. The Second Circuit has not addressed the issue, and district courts within the circuit have taken both approaches. District Judge Jed S. Rakoff of the Southern District of New York recently addressed this issue in the context of the Trafficking Victims Protection Act.
9 minute read

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