June 27, 2013 | Inside Counsel
Litigation: The expanded role of courts in settling government investigationsTraditionally, the role of a judge in reviewing an agreement to resolve civil or criminal charges has been very limited.
By Jonathan S. Sack, Ester Murdukhayeva
14 minute read
June 13, 2013 | Inside Counsel
Litigation: Investigating whistleblower complaintsCompanies launch internal investigations based on information that comes from a variety of sources, including newspaper articles, government requests for information and information bubbling up from within the organization that makes its way to the legal department.
By Jonathan S. Sack, Ester Murdukhayeva
10 minute read
May 30, 2013 | Inside Counsel
Litigation: Whistleblower retaliation claimsCourts and lawmakers have broadened the definition of protected whistleblower activitythat is, the type of conduct that triggers legal protection against retaliation.
By Jonathan S. Sack, Ester Murdukhayeva
9 minute read
May 16, 2013 | Inside Counsel
Litigation: To the tune of $3 billion, whistleblower claims are on the riseAt one time whistleblowers were relatively rare and isolated, and the law did not grant them much protection.
By Jonathan S. Sack, Ester Murdukhayeva
12 minute read
October 03, 2013 | Corporate Counsel
Making Internal Investigations Effective, Fair to EmployeesWithin the law as it now stands, in-house counsel can take steps to promote both fairness to employees and effectiveness of internal investigations, while providing a vigorous representation of the company.
By Jonathan S. Sack and Curtis B. Leitner
6 minute read
October 09, 2012 | New York Law Journal
Analyzing Selective Waiver of Privilege Under New York LawJonathan S. Sack and Eric M. Ruben of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer write: Federal courts and commentators have considered at great length whether a company may "selectively" waive privilege and work product protection when disclosing information to a government agency while preserving the protected status of that material as to other parties and proceedings. While the divergence among federal courts creates some uncertainty, the viability of selective disclosure is even less clear in New York state courts.
By Jonathan S. Sack and Eric M. Ruben
14 minute read
February 14, 2011 | New York Law Journal
Revival of the Responsible Corporate Officer DoctrineMorvillo, Abramowitz, Grand, Iason, Anello & Bohrer partners Jonathan S. Sack and Robert M. Radick discuss the substance and ramifications of the RCO doctrine, which provides that corporate officers may be held criminally liable for certain offenses relating to public health and welfare even if the individual officers neither knew of nor participated in the unlawful activity in question, and the potential exclusion from government programs that must now be of significant concern to company officials in the pharmaceutical and other health care industries.
By Jonathan S. Sack and Robert M. Radick
14 minute read
October 12, 2010 | New York Law Journal
Internal Investigations: Start Off on the Right FootJonathan S. Sack, a principal of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, reviews the key structural decisions to make carefully at the outset of an investigation, decisions that can be challenging because, as critical as they are, they must be made early, before many of the important facts are known.
By Jonathan S. Sack
8 minute read
November 05, 2007 | New York Law Journal
Rating Agencies: Civil Liability Past and FutureJonathan S. Sack and Stephen M. Juris, principals at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that credit rating agencies have come under fire in recent months for their perceived contribution to the subprime mortgage "meltdown" and for failing to change their ratings until after that meltdown was well under way.
By Jonathan S. Sack and Stephen M. Juris
14 minute read
July 11, 2011 | New York Law Journal
How Strong a Nexus Required for Witness Tampering?Jonathan S. Sack, a partner at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, and Curtis B. Leitner, an associate at the firm, write that since the Supreme Court decided United States v. Aguilar, the nexus requirement has proved to be an important check on prosecutions brought under the federal obstruction statutes. A recent prosecution in the Third Circuit raises serious questions about the strictness of the nexus test under the witness tampering statute.
By Jonathan S. Sack and Curtis B. Leitner
18 minute read
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