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June 14, 2021 | New York Law Journal

Limited-Scope Representations in Civil Cases

In civil cases, where counsel is not guaranteed and litigants often cannot afford a full-scope attorney, commentators, bar associations, and courts have recognized the value of limited-scope representations. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood explore 'Villar v. City of New York', in which Southern District Judge Jed S. Rakoff recently authorized a limited-scope representation, issuing a detailed order specifying the precise nature and extent of the limited-scope representation.
8 minute read
June 09, 2021 | New York Law Journal

Hey SIRI, Does the Fifth Amendment Protect My Passcode?

When law enforcement seeks to compel a subject to provide a passcode to allow them to rummage through a cellphone, courts have not spoken with a unified voice. On May 12th, the Supreme Court declined to wade in, seemingly guaranteeing that continued uncertainty on this critical issue will continue to bedevil criminal practitioners. Robert J. Anello and Richard F. Albert discuss the issue in this edition of their White-Collar Crime column.
11 minute read
May 19, 2021 | New York Law Journal

Non-Willful FBAR Penalties: A (Temporary) Reprieve for Taxpayers?

The IRS is authorized to impose a penalty of up to $10,000 for "any [non-willful] violation" of FBAR provisions. In recent years, district courts have disagreed regarding whether this provision authorized a separate penalty for each undisclosed account or limited the IRS to a single $10,000 penalty, regardless of the number of accounts at issue. In late March, the Ninth Circuit became the first Circuit Court of Appeals to address this issue. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses the opinion, which provides a useful roadmap for practitioners representing taxpayers.
8 minute read
May 11, 2021 | New York Law Journal

Non-Disclosure Agreements and Insider Trading: The Second Circuit Clarifies the Scope of Criminal Liability

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.
10 minute read
April 19, 2021 | New York Law Journal

Thorny Issues Raised by Third-Party Discovery in Arbitration

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the nuanced analysis of third-party discovery issues in 'Broumand v. Joseph', a subpoena enforcement proceeding where the out-of-state respondents successfully resisted arbitral subpoenas.
10 minute read
April 14, 2021 | Supreme Court Brief

Is Kagan the John Grisham of SCOTUS Opinion-Writing? | Justices Call for SG's Views in Two New Cases | Latham Partners With The Appellate Project

Is Justice Elena Kagan the high court's version of legal fiction author John Grisham? Scroll down for more on the Latham & Watkins partnership with The Appellate Project. Thanks for reading Supreme Court Brief.
8 minute read
April 07, 2021 | New York Law Journal

Congress Poised To End Use of Acquitted Conduct at Sentencing

Among the many ways the U.S. Sentencing Guidelines have distorted the federal criminal justice system is through heavy reliance on factual determinations typically made by judges at sentencing rather than by juries at trial. Two senators recently announced the introduction of the "Prohibiting Punishment of Acquitted Conduct Act of 2021," which would bar courts from increasing a defendant's sentence based on acquitted conduct. Robert J. Anello and Richard F. Albert provide background and discuss the legislation in this edition of their White-Collar Crime column.
10 minute read
March 17, 2021 | New York Law Journal

Civil FBAR Penalty Litigation: No Reprieve for Taxpayers

In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses recent decisions that reflect a continued judicial antagonism to taxpayers' attempts to avoid civil penalties and the rejection of attempts to cap such penalties.
9 minute read
March 04, 2021 | New York Law Journal

Where's the Quid? DOJ Tests the Limits of Public Corruption Law

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.
9 minute read
March 01, 2021 | New York Law Journal

Cuomo Chooses White-Collar Firm to Represent Administration in Probe of Nursing Home COVID Death Reporting

The law firm, Morvillo Abramowitz Grand Iason & Anello, will represent the governor's office in the Eastern District's investigation, law firm partner Elkan Abramowitz told the Law Journal on Monday.
3 minute read

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