Elkan Abramowitz

January 05, 2010 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: E-mail and other electronic evidence have become the hallmarks of modern day white-collar investigations. When a criminal investigation extends into the workplace, the interplay between electronic evidence and an employee's reasonable expectation of privacy with respect to that data takes center stage. In addition, corporate employers must contend with expansive requests from the government for electronically stored data. Two recent cases, one of which has been granted certiorari by the U.S. Supreme Court, signify a continuing effort by courts to more clearly define the parameters and constitutional limits around electronic evidence.

By Elkan Abramowitz and Barry A. Bohrer

15 minute read

January 10, 2008 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, discuss the diminishing number of trials and increasing number of convictions resulting from guilty pleas in the federal system. What does this say about the efficacy of plea bargaining? Does the drop in the rate of acquittals indicate a problem with the quality of criminal justice? Is the trial lawyer becoming an endangered species?

By Elkan Abramowitz and Barry A. Bohrer

15 minute read

November 03, 2009 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, review the Ninth Circuit's reversal of a district court's order suppressing government evidence in a stock options backdating case against Broadcom Corporation's Chief Financial Officer, William Ruehle, based on his belief that at the time he made the statements in question the attorneys running the internal investigation represented him in an individual capacity in associated civil securities lawsuits. The Circuit accepted the district court's factual finding that attorney-client relationships existed with both Broadcom and Mr. Ruehle individually. That fact alone did not end the inquiry, however.

By Elkan Abramowitz and Barry A. Bohrer

13 minute read

March 08, 2005 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason & Silberberg, write that, for years, defendants have been frustrated by courts denying requests for authorization to issue subpoenas duces tecum pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure prior to trial or hearings.

By Elkan Abramowitz And Barry A. Bohrer

14 minute read

May 03, 2011 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Barry A. Bohrer of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer write: What explains the departure by some prosecutors from the standards of fairness and decency? Is it "trickle-down American exceptionalism" in which the "we're number one" mentality is a precursor to a run for public office or the grab for the golden ring in private practice? Particularly in an era of draconian sentences in white-collar cases, it is time for a wholesale reevaluation of disclosure and discovery in criminal cases.

By Elkan Abramowitz and Barry A. Bohrer

13 minute read

September 10, 2010 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, discuss the "overcriminalization" of federal law and some of the issues the proposed bipartisan commission of experts will likely discuss, should the Senate pass the National Criminal Justice Commission Act of 2010.

By Elkan Abramowitz and Barry A. Bohrer

12 minute read

July 06, 2006 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that since 1969 a New York prosecutor's ethical duties have been contained in a brief, two sentence rule in the New York Code of Professional Responsibility.

By Elkan Abramowitz and Barry A. Bohrer

16 minute read

July 07, 2009 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, review a recent case where the First Circuit overruled a district court's holding that the facts were not enough to show particularized need for a grand jury witness to review the transcripts of his previous testimony, despite the complexity of the subject matter of his testimony and the prosecutors' repeated warnings of possible perjury prosecution during that testimony.

By Elkan Abramowitz and Barry A. Bohrer

13 minute read

January 07, 2002 | New York Law Journal

Mary Jo White`s term as United States Attorney for the Southern District of New York comes to a close at the end of this week. Her eight years there were punctuated by the terrorist plots and attacks at home and abroad, and the investigations and prosecutions that ensued. But, as the first woman to hold the position as Southern District United States Attorney, she made her mark not simply as the leader of the legal war on terrorism, but as an innovative, aggressive prosecutor of the gamut of federal crimes.

By Elkan Abramowitz And Barry A. BohrerMary Jo White`s Legacy

9 minute read

May 01, 2007 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that recent developments in the law do not bode well for white-collar practitioners seeking to defend their clients by claiming lack of knowledge. Indeed, such a defense may open the door for the government to request a conscious avoidance instruction be given to the jury in cases where it may not be fair or appropriate.

By Elkan Abramowitz and Barry A. Bohrer

13 minute read