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April 14, 2021 | Supreme Court Brief

Is Kagan the John Grisham of SCOTUS Opinion-Writing? | Justices Call for SG's Views in Two New Cases | Latham Partners With The Appellate Project

Is Justice Elena Kagan the high court's version of legal fiction author John Grisham? Scroll down for more on the Latham & Watkins partnership with The Appellate Project. Thanks for reading Supreme Court Brief.
8 minute read
April 07, 2021 | New York Law Journal

Congress Poised To End Use of Acquitted Conduct at Sentencing

Among the many ways the U.S. Sentencing Guidelines have distorted the federal criminal justice system is through heavy reliance on factual determinations typically made by judges at sentencing rather than by juries at trial. Two senators recently announced the introduction of the "Prohibiting Punishment of Acquitted Conduct Act of 2021," which would bar courts from increasing a defendant's sentence based on acquitted conduct. Robert J. Anello and Richard F. Albert provide background and discuss the legislation in this edition of their White-Collar Crime column.
10 minute read
March 17, 2021 | New York Law Journal

Civil FBAR Penalty Litigation: No Reprieve for Taxpayers

In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses recent decisions that reflect a continued judicial antagonism to taxpayers' attempts to avoid civil penalties and the rejection of attempts to cap such penalties.
9 minute read
March 04, 2021 | New York Law Journal

Where's the Quid? DOJ Tests the Limits of Public Corruption Law

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack describe two pending federal prosecutions, which level corruption charges against high-level officials in Ohio and Illinois, and consider how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases. They conclude with observations about the outer limits of federal public corruption prosecutions.
9 minute read
March 01, 2021 | New York Law Journal

Cuomo Chooses White-Collar Firm to Represent Administration in Probe of Nursing Home COVID Death Reporting

The law firm, Morvillo Abramowitz Grand Iason & Anello, will represent the governor's office in the Eastern District's investigation, law firm partner Elkan Abramowitz told the Law Journal on Monday.
3 minute read
February 16, 2021 | New York Law Journal

The Federal Arbitration Act Precludes New York From Exempting Claims From Arbitration

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case which demonstrates that, due to the FAA's national policy favoring arbitration, absent exceptional circumstances a party will not be able to avoid its prior agreement to arbitrate a claim subject to the FAA.
11 minute read
February 10, 2021 | New York Law Journal

Congress's Signing Bonus for Gensler: New Powers for His SEC

In this edition of their White-Collar Crime column, Robert J. Anello and Richard F. Albert explain that regardless of his enforcement priorities, Gary Gensler's SEC will benefit from the expansion of the SEC's powers that Congress included in the National Defense Authorization Act passed on the first day of the new year. In enacting this law, Congress effectively has overridden the SEC's recent stinging Supreme Court defeats.
9 minute read
January 20, 2021 | New York Law Journal

Tax Defendants Reaping the Benefit of 'Booker'

In the past five years judges have become increasingly likely to exercise their discretion under 'Booker' to sentence defendants convicted of tax offenses below the applicable Guidelines. However, as Jeremy H. Temkin notes in his Tax Litigation Issues column, notwithstanding this increased leniency in relation to the Guidelines, defendants sentenced during fiscal 2019 were more likely to receive some period of incarceration (and the period of incarceration imposed was likely to be longer) than tax offenders sentenced before 'Booker' as well as those sentenced five years ago.
8 minute read
January 14, 2021 | New York Law Journal

When Does Company Counsel Also Represent a Company Founder?

In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack discuss the dispute over privilege in the case of Theranos founder Elizabeth Holmes, which demonstrates the importance of documenting the nature and scope of a client representation at the outset of an engagement and over time.
11 minute read
December 14, 2020 | New York Law Journal

Obtaining Discovery Relating to a Confidential Private Mediation

While courts generally cloak mediation with a fair degree of confidentiality, this protection is not absolute and courts have disagreed whether a party seeking discovery of materials relating to a confidential private mediation (as distinct from a court-sponsored mediation) must make a heightened showing of need. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case that addressed this issue.
9 minute read

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