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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
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
Law Journal Press | Digital Book New Jersey Tax Handbook 2024 Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn View this Book

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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
December 13, 2023 | New York Law Journal

Avoiding Conflicts With a Joint Defense Member Who Flips

A recent decision from the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
12 minute read
December 11, 2023 | The American Lawyer

Seyfarth Gets 5 White-Collar Lawyers, Including Practice Co-Chair, From Dissolving Stroock

Richard Morvillo and his team joined Stroock from Orrick in 2021.
3 minute read
November 22, 2023 | New York Law Journal

Second Circuit Limits the SEC's Disgorgement Power

In its recent decision in 'SEC v. Govil', the Second Circuit limited the SEC's power by construing "victims" to be limited to those who suffer pecuniary harm. This holding will likely prevent the SEC from obtaining disgorgement in numerous types of cases, such as those involving books and records or registration violations, and even insider trading.
7 minute read

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