• New York Law Journal | Analysis

    ICE Confronts the Privilege Against Courthouse Civil Arrests

    February 14, 2020

    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.

  • New York Law Journal | Analysis

    Attorney Proffers: Practical Considerations and Some Law Too

    February 11, 2020

    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.

  • New York Law Journal

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

    January 15, 2020

    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.

  • New York Law Journal | Analysis

    A Bridge Too Far? Federalism and the 'Bridgegate' Prosecution

    January 2, 2020

    In its present term, the Supreme Court will hear an appeal arising from the controversy known as "Bridgegate". In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe the factual and legal background and discuss the arguments of the defense and the government in the Supreme Court, which touch directly on the proper reach of federal criminal law into the realm of local politics.

  • New York Law Journal | Analysis

    Personal Jurisdiction Requirements in FLSA Collective Actions

    December 16, 2019

    The FLSA provides a mechanism for similarly-situated employees to join together and pursue a nationwide collective action against their employer. If the court adjudicating the action lacks general personal jurisdiction over the employer, however, there exists an unsettled issue: Does each employee have to establish that the court has specific personal jurisdiction over the employer with respect to that employee's FLSA claim? In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case addressing this open issue.

  • New York Law Journal | Analysis

    Supreme Court Asked To Assess Per Se Rule in Criminal Antitrust

    December 11, 2019

    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August asks the Supreme Court to address this tension, as embodied in the judge-made per se rule. White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the issues and the case.

  • New York Law Journal | Analysis

    Materiality and Admissibility of Evidence in Criminal Securities Fraud Cases

    November 20, 2019

    In their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss materiality in the context of RMBS trading. Their analysis of recent Second Circuit cases underscores the importance of determining how most effectively to counter government claims of materiality in securities fraud cases.

  • New York Law Journal | Analysis

    John Doe Summonses: Procedural Hurdles With Limited Review

    November 13, 2019

    John Doe summonses provide the IRS with a powerful investigative device bounded by a set of requirements inapplicable to other IRS summonses. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses some recent developments that highlight the obstacles and procedural hurdles faced by recipients of John Doe summonses and IRS agents alike.

  • New York Law Journal

    Rising Stars

    October 15, 2019

    The New York Law Journal's Rising Star awards recognize the region's most promising lawyers under 40.

  • New York Law Journal

    Rising Star: Christopher Harwood

    October 15, 2019

    Partner, Morvillo Abramowitz Grand Iason & Anello