Kylie Marshall

July 08, 2024 | New York Law Journal

This article explores a recent case from the Southern District of New York that discusses certain requirements under the UCC related to the mechanism by which a secured party can dispose of its collateral upon an event of default by the borrower.

By Cameron Weil and Daniel J. Evans

8 minute read

July 08, 2024 | New York Law Journal

This article describes different approaches taken to a "fraudulent inducement" theory of liability by contrasting the Third Circuit's decision in 'Kousisis' with the Second Circuit's different approach. It concludes with observations on the potential significance of a Supreme Court ruling that further limits the scope of mail/wire fraud.

By Elkan Abramowitz and Jonathan Sack

10 minute read

July 05, 2024 | New York Law Journal

Daniel L. Zelenko and Anand Sithian are partners in the New York office of Crowell & Moring. Danielle Giffuni is counsel in the firm's New York office. Andrea Charles is an associate in the firm's New York office and Ahnna Chu is an associate in the firm's Los Angeles office.

By Daniel L. Zelenko, Anand Sithian, Danielle Giffuni, Andrea Charles and Ahnna Chu

8 minute read

July 05, 2024 | New York Law Journal

This article explores how the CTA and the related New York LLC Transparency Act impact U.S. companies and foreign companies conducting business in the United States, as well as financial institutions.

By Sarah E. Paul and Andrea L. Gordon

8 minute read

July 05, 2024 | New York Law Journal

For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.

By Christopher T. Zona

8 minute read

July 05, 2024 | New York Law Journal

The DOJ and certain individual U.S. Attorney's Offices have announced six different voluntary self-disclosure or whistleblower policies and programs. With the proclamation of each one, the DOJ sent a clear message that they remain focused on corporate enforcement and want to incentivize companies and corporate insiders to self-report corporate malfeasance.

By Ellen M. Murphy, E. Scott Morvillo and Matthew Catalano

6 minute read

July 05, 2024 | New York Law Journal

The U.S. Supreme Court and numerous circuit courts are seriously narrowing the scope of behavior that constitutes criminal fraud. This developing legal landscape requires defense counsel to rethink strategies on how to best defend against federal criminal fraud allegations.

By Chuck Kreindler, Jeff Kern and Michael Gilbert

8 minute read

July 05, 2024 | New York Law Journal

Two recent cases illustrate that the detention or release of foreign white-collar defendants pending trial almost always rests upon the DOJ's recommendation, and appears to result in sometimes inconsistent results.

By Mark E. Bini, Kaela Dahan and Victoria L. Jaus

7 minute read

July 03, 2024 | New York Law Journal

In 'In re Tenaris S.A. Securities Litigation', Judge Kiyo Matsumoto found that the proposed settlement satisfied both procedural and substantive fairness. As to procedural fairness, the court found that the settlement resulted from arm's-length negotiations enhanced by substantial discovery and that lead plaintiffs and lead counsel had adequately represented the settlement class because they had engaged in "vigorous advocacy" on its behalf.

By Thomas E. L. Dewey

11 minute read

July 03, 2024 | New York Law Journal

A noteworthy aspect of such planning, and the focus of this article, is the benefit, if any, of planning in advance for the relief from certain federal income tax liabilities potentially available to a married couple who reside together.

By Jeffrey A. Galant

11 minute read