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February 16, 2021 | New York Law Journal

The Federal Arbitration Act Precludes New York From Exempting Claims From Arbitration

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case which demonstrates that, due to the FAA's national policy favoring arbitration, absent exceptional circumstances a party will not be able to avoid its prior agreement to arbitrate a claim subject to the FAA.
11 minute read
February 10, 2021 | New York Law Journal

Congress's Signing Bonus for Gensler: New Powers for His SEC

In this edition of their White-Collar Crime column, Robert J. Anello and Richard F. Albert explain that regardless of his enforcement priorities, Gary Gensler's SEC will benefit from the expansion of the SEC's powers that Congress included in the National Defense Authorization Act passed on the first day of the new year. In enacting this law, Congress effectively has overridden the SEC's recent stinging Supreme Court defeats.
9 minute read
January 20, 2021 | New York Law Journal

Tax Defendants Reaping the Benefit of 'Booker'

In the past five years judges have become increasingly likely to exercise their discretion under 'Booker' to sentence defendants convicted of tax offenses below the applicable Guidelines. However, as Jeremy H. Temkin notes in his Tax Litigation Issues column, notwithstanding this increased leniency in relation to the Guidelines, defendants sentenced during fiscal 2019 were more likely to receive some period of incarceration (and the period of incarceration imposed was likely to be longer) than tax offenders sentenced before 'Booker' as well as those sentenced five years ago.
8 minute read
January 14, 2021 | New York Law Journal

When Does Company Counsel Also Represent a Company Founder?

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.
11 minute read
December 14, 2020 | New York Law Journal

Obtaining Discovery Relating to a Confidential Private Mediation

While courts generally cloak mediation with a fair degree of confidentiality, this protection is not absolute and courts have disagreed whether a party seeking discovery of materials relating to a confidential private mediation (as distinct from a court-sponsored mediation) must make a heightened showing of need. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case that addressed this issue.
9 minute read
December 09, 2020 | New York Law Journal

Days Seem Numbered for Circuit's Controversial Insider Trading Decision

Days before Thanksgiving, the United States Solicitor General's office responded to defendants' petitions for certiorari in 'Blaszczak'. The government agreed that the Supreme Court should vacate the Second Circuit's decision, and suggested a remand for further consideration in light of an intervening decision in 'Kelly v. United States'. The significant issues the certiorari petitions present in two critical areas of white-collar criminal doctrine are worthy of practitioners' attention and are addressed by White-Collar Crime columnists Robert J. Anello and Richard F. Albert.
13 minute read
November 18, 2020 | New York Law Journal

Anticipating Justice Amy Coney Barrett's Role in Tax Jurisprudence

In this edition of his Tax Litigation Issues column, Jeremy H. Temkin examines two civil tax decisions written by Justice Amy Coney Barrett during her tenure as a Circuit Court judge. Although these decisions do not foreshadow how Justice Barrett will address "hot button" issues that will come before the court in the years to come, they are noteworthy for the thoughtful approach taken to the issues presented.
8 minute read
November 09, 2020 | New York Law Journal

In Current Term, the Supreme Court Will Interpret Another White-Collar Criminal Statute

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.
10 minute read
October 23, 2020 | New York Law Journal

Timing Quirk Means That in January, US AG Barr May Directly Oversee SDNY Prosecutors' Office

The scenario, triggered by Audrey Strauss' appointment as acting Manhattan U.S. Attorney in June, would kick in Jan. 16, at the end of her 210-day temporary term under the Federal Vacancies Reform Act.
4 minute read
October 21, 2020 | New York Law Journal

Rising Stars 2020

The region's most promising lawyers under 40.
2 minute read

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