Jonathan S Sack

September 09, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss 'Schaeffler' and 'Carnegie', which shed light on the scope of the common interest doctrine under federal law and, more specifically, within the Second Circuit.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

July 08, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations; consider the National Defense Authorization Act's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making; and contrast the present reporting requirement with prior, judicial efforts to review the terms of DPAs.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

May 11, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss a recent insider trading decision in the Second Circuit, 'United States v. Chow', that illustrates the judicial shaping of insider trading law.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

March 04, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack describe two pending federal prosecutions, which level corruption charges against high-level officials in Ohio and Illinois, and consider how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases. They conclude with observations about the outer limits of federal public corruption prosecutions.

By Elkan Abramowitz and Jonathan S. Sack

9 minute read

January 14, 2021 | New York Law Journal

In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack discuss the dispute over privilege in the case of Theranos founder Elizabeth Holmes, which demonstrates the importance of documenting the nature and scope of a client representation at the outset of an engagement and over time.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

November 09, 2020 | New York Law Journal

The meaning of "exceeds authorized access" in the Computer Fraud and Abuse Act will soon be taken up by the U.S. Supreme Court in 'United States v. Van Buren'. In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack describe the Circuit split and explore different methods used by appellate courts to interpret these operative words of the CFAA. The Supreme Court will have the opportunity once more to articulate its approach to interpreting white-collar criminal statutes.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

September 03, 2020 | New York Law Journal

In their White-Collar Cirme column, Elkan Abramowitz and Jonathan S. Sack discuss the Criminal Division of the Department of Justice and how it recently issued two important documents that reflect significant continuity in DOJ policy toward corporate white-collar criminal investigations.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

July 16, 2020 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss cases that have begun to address whether "official act" is an element in a private honest services fraud prosecution.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

May 13, 2020 | New York Law Journal

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?

By Jonathan S. Sack and A. Dennis Dillon

14 minute read

January 02, 2020 | New York Law Journal

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.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read