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November 22, 2023 | New York Law Journal

Second Circuit Limits the SEC's Disgorgement Power

In its recent decision in 'SEC v. Govil', the Second Circuit limited the SEC's power by construing "victims" to be limited to those who suffer pecuniary harm. This holding will likely prevent the SEC from obtaining disgorgement in numerous types of cases, such as those involving books and records or registration violations, and even insider trading.
7 minute read
November 15, 2023 | New York Law Journal

Is the 'Klein' Conspiracy Doctrine Doomed?

In his Tax Litigation Issues column, Jeremy H. Temkin discusses how a series of recent U.S. Supreme Court decisions has eroded Klein's jurisprudential foundation, suggesting it is not a matter of if, but when, the doctrine falls.
9 minute read
November 07, 2023 | New York Law Journal

White-Collar Criminal Enforcement and National Security

This article discusses the DOJ's national security enforcement initiatives and highlights cases that are representative of this new focus. It also touches on the M&A Safe Harbor Policy and how it complements and reinforces the DOJ's current voluntary disclosure policy.
10 minute read
October 16, 2023 | New York Law Journal

Striking Improper Use of Settlement Communication

This article focuses on 'My Mavens v. Grubhub' and discusses how courts are unlikely to allow parties to base their allegations in a pleading on information they learned during settlement discussions, even if the information could later be obtained through discovery.
8 minute read
October 11, 2023 | New York Law Journal

FIFA Reversal Signals Limits to DOJ's Role as World's Bribery Cop

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the latest decision out of the Eastern District of New York in the long-running FIFA saga has the potential to substantially curtail U.S. efforts to police foreign commercial bribery.
11 minute read
Law Journal Press | Digital Book Chester County Court Rules 2024 Authors: View this Book

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September 13, 2023 | New York Law Journal

Tax Court Deadlines: Greater Leeway for Taxpayers?

This column examines an emerging split over the treatment of 26 U.S.C. §6213(a), which provides taxpayers seeking relief from deficiencies found by the IRS with 90 days to file their Tax Court petitions.
10 minute read
September 10, 2023 | New York Law Journal

What I Wish I Knew Then: Alvin Bragg

The Manhattan district attorney reflects on his journey to become one of the highest-profile local prosecutors in the United States and the advice that influential figures in his life gave him along the way.
13 minute read
August 15, 2023 | New York Law Journal

Plaintiffs Should Be Prepared to Present Merits Evidence at the Class Certification Stage

To prevail at the class certification stage, the named plaintiffs frequently must present evidence that goes to the merits of their claims in order to show that common issues predominate. That obligation is not new.
10 minute read
August 09, 2023 | New York Law Journal

US Supreme Court Confirms 'Unmistakable' Trend in Narrowing Identity Theft Statute

In its ruling in Dubin, the Supreme Court forcefully continued the trend recognized by Judge Costa, rejecting the government's literalist view of 18 U.S.C. Section 1028A(a)(1) that would make virtually every low-level fraud by a health care provider into aggravated identify theft subject to a mandatory two-year prison sentence.
12 minute read
July 20, 2023 | New York Law Journal

Varsity Blues: First Circuit Overturns College Admissions Scheme Convictions—Part Two

In May 2023, the U.S. Court of Appeals for the First Circuit set aside the convictions of two individuals in the government's high-profile "Varsity Blues" prosecution of fraud and bribery in the college admissions process. In part one of this two-part series, we addressed the court's holding that the government charged an improper "hub and spoke" conspiracy, which resulted in an unfair trial due to the admission of irrelevant prejudicial evidence against defendants. In this article, we address the court's bribery and fraud rulings.
10 minute read

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