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June 17, 2024 | New York Law Journal

Federal Issue Not Substantial Enough for Removal

Where diversity jurisdiction is lacking, removal to federal court typically requires the removed case to assert a federal cause of action. An exception exists, however, where removal is proper if the state cause of action asserted involves a substantial federal issue.
8 minute read
June 12, 2024 | New York Law Journal

Invitation Declined: Defenses Against Extradition to the United States

The arm of U.S. extradition law is long. Fortunately, practitioners have defenses at their disposal that they may raise in the requested country's courts to help either limit the scope of prosecution once extradition occurs, or to prevent it altogether.
12 minute read
June 05, 2024 | New York Law Journal

Partners in Westchester Accounting Firm Plead Guilty to Conspiracy to Defraud the IRS

Defendants were accused of scheming to conceal their clients' personal income and conceal wages paid to their clients' employees, reducing their payroll tax liability.
2 minute read
Tereshchenko v. Karimi
Publication Date: 2024-05-24
Practice Area: Family Law | International Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Susan L. Carney
Attorneys:
For plaintiff: For Petitioner-Appellee: Richard Min, Green Kaminer Min & Rockmore, LLP, New York, NY; Daniel Lipschutz, Aronson Mayefsky & Sloan, LLP, New York, NY, on the brief, Michael Banuchis, Green Kaminer Min & Rockmore, LLP, New York, NY.
For defendant: For Respondent-Appellant: Jeremy D. Morley, The International Family Law Office of Jeremy D. Morley, New York, NY, on the brief, Karen R. King, Morvillo Abramowitz Grand Iason & Anello PC, New York, NY.
Case number: 24-172-cv

Circuit Affirms Order Under Hague Convention Placing Children With Father in Third Country

May 15, 2024 | New York Law Journal

'Farhy v. Commissioner': D.C. Circuit Reverses Win for Taxpayers

This article reviews the two decisions in 'Farhy v. Commissioner' and discusses the implications for determining the assessability of penalties going forward.
8 minute read
May 02, 2024 | New York Law Journal

When Is a Campaign Contribution a Bribe?

Campaign contributions can reflect genuine support for a candidate's positions and appreciation for ordinary aid to constituents. They can also become a bribe—that is, part of an illegal quid pro quo for political favors. What should the test be for deciding when a campaign contribution turns into a bribe?
11 minute read
Appellate Division, First Department: April 25, 2024
Publication Date: 2024-04-25
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals List & Motions List released on:April 23, 2024

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

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