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May 13, 2020 | New York Law Journal

Employment Agreements Under (Dis)stress

In this article, the authors consider a question that may have great salience during the present strained economic conditions: Under what circumstances will a cut in pay amount to a de facto termination which supports a claim for benefits under an employment agreement?
14 minute read
April 20, 2020 | New York Law Journal

Obtaining Discovery From a Foreign Corporation Through Its Domestic Affiliate

Parties to civil litigation often seek to obtain records held by foreign companies by subpoenaing their U.S. subsidiaries or affiliates. In such circumstances, the subpoenaing party must demonstrate that a close relationship exists between the foreign and domestic entities. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case involving this issue.
9 minute read
April 08, 2020 | New York Law Journal

Paying Plea Agreements More Than Lip Service

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss an appeal in the well-publicized fraud prosecution of former sports radio personality Craig Carton, which presents the question whether, though purporting to accept the terms of a plea agreement, a prosecutor's advocacy may cross the line into a breach of that agreement.
12 minute read
March 20, 2020 | The American Lawyer

Facing Uncertainty, Law Firms Seek Credit, Brace for Less M&A

At least one law firm in New York has laid off some staff. Many firms are seeking credit and anticipating a dealmaking downturn.
6 minute read
March 18, 2020 | New York Law Journal

Immigration Consequences for Convictions for Making False Statements

In this edition of his Tax Litigation Issues column, Jeremy H. Temkin writes that practitioners should be mindful of the growing body of case law holding that defendants convicted of various federal and state offenses involving false statements are all subject to deportation and precluded from seeking naturalization.
8 minute read
March 12, 2020 | New York Law Journal

No Stranger to Unpopular Cases, Kirshner Honored With Award From NY Defense Bar

Kirshner is now once again defending one of the highest-profile clients of her career—Robert Hadden, the former Columbia University obstetrician accused of sexual abuse against dozens of patients, including Evelyn Yang, the wife of former presidential candidate Andrew Yang.
9 minute read
March 02, 2020 | New York Law Journal

The Importance of 'Particulars' in Criminal Fraud Cases

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims. They then describe a recent decision that highlights the importance of seeking bills of particulars in fraud cases.
10 minute read
February 14, 2020 | New York Law Journal

ICE Confronts the Privilege Against Courthouse Civil Arrests

In New York state over the last two years, ICE has increased its courthouse civil arrests of undocumented and other aliens by more than 1700 percent. In response, the state of New York and the Kings Country DA filed suit against ICE on a variety of grounds—including because it violates the privilege against courthouse civil arrests—as well as an injunction barring ICE from conducting such arrests. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the court's recent denial of ICE's motion to dismiss the lawsuit.
10 minute read
February 11, 2020 | New York Law Journal

Attorney Proffers: Practical Considerations and Some Law Too

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss attorney proffers, which can provide a critical opportunity to gauge a prosecutor's reaction while limiting the risk of compromising the client's potential defense at trial.
11 minute read
January 15, 2020 | New York Law Journal

Two Years Later: Have Defendants Benefited From 'Marinello'?

The Supreme Court's March 2018 decision in 'Marinello v. United States' was widely seen as a potentially significant limitation on the government's ability to bring obstruction charges under 26 U.S.C. §7212(a). In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses the impact of the decision over the last two years.
9 minute read

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