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January 09, 2025 | New York Law Journal

Up in the Air: Boeing’s Deferred Prosecution Saga Continues   

The authors write "Corporate deferred prosecution agreements (DPAs) have become a key part of white-collar criminal enforcement. With a DPA, a company can resolve a criminal investigation without a guilty plea, while the government gets remediation of misconduct and a corporate admission of wrongdoing. These benefits have encouraged other countries to adopt, or consider adopting, similar arrangements, even where DPAs do not fit neatly in existing criminal procedures, such as France, England and Switzerland."
11 minute read
December 19, 2024 | New York Law Journal

Former Top Aide to NYC Mayor Is Charged With Bribery Conspiracy

Ingrid Lewis-Martin, represented by Arthur Aidala, entered a plea of "not guilty." At a press conference earlier this week she said she'd been "falsely accused."
3 minute read
December 17, 2024 | New York Law Journal

Lisa Zornberg, Former Adams Chief Counsel, Moves to Morvillo Abramowitz

The former Debevoise partner said Morvillo Abramowitz offered her flexibility in her practice, given her experience on both civil and criminal matters.
5 minute read
December 16, 2024 | New York Law Journal

Diverging Standards to Invoke the EFAA in the Southern District

The authors write "Enacted in 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”), amended the Federal Arbitration Act (the “FAA”) so that in cases 'alleging conduct constituting a sexual harassment dispute or sexual assault dispute,' a claimant is not bound by an otherwise valid arbitration agreement. 9 U.S.C. §402(a). The EFAA is expansive in scope; it captures virtually every such case that could be filed in a court in the United States."
9 minute read
December 11, 2024 | New York Law Journal

Fifty Years After Nixon, Progress on Amending Rule 17(c)

The authors write "Commentators long have pointed to the unfairness of applying the strict test used to assess a prosecutor’s subpoena to a sitting president in United States v. Nixon, 418 U.S. 683 (1974), to run of the mill subpoenas criminal defendants utilize to seek documentary material from third parties pursuant to Fed. R. Crim. P. 17(c). See Robert J. Anello & Richard F. Albert, Escaping ‘Nixon’s’ Legacy: the Proper Standard for Rule 17(c) Subpoenas, N.Y.L.J. (April 2, 2013). Triggered by a 2022 request from the New York City Bar Association, a subcommittee of the Advisory Committee on Criminal Rules, the official body charged with addressing proposed federal rule changes, has undertaken a comprehensive review of Rule 17."
12 minute read
Law Journal Press | Digital Book Lancaster County & Berks County Court Rules 2024 Authors: View this Book

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November 20, 2024 | New York Law Journal

'A National Calamity': US Judge Says Archegos Founder Bill Hwang Should Get 18-Year Sentence for Fraud, Market Manipulation

Senior U.S. District Court Judge Alvin Hellerstein deferred ruling on restitution and ordered the parties to return to court on Thursday to discuss forfeiture.
4 minute read
November 18, 2024 | New York Law Journal

US Judge Told Archegos Founder Can't Afford What Defense Says Is 'Unjustified' $10 Billion Restitution

Prosecutors have asked U.S. District Judge Alvin Hellerstein to sentence Archegos Capital Management founder Sung Kook "Bill" Hwang to 21 years behind bars and forfeit $10 billion. But his lawyers say he's only worth $55 million now.
2 minute read
November 18, 2024 | New York Law Journal

Sentencing Commission Addresses Inconsistent Definitions of “Loss”

This article discusses the inconsistent definition of loss as defined by the Sentencing Commission.
10 minute read
October 31, 2024 | New York Law Journal

Who in the Federal Government Is Bound by a Plea Agreement?

This article discusses targets of white-collar crimes. "If a defendant enters into a plea agreement with that office, what is the binding effect on other districts? Does the defendant get complete closure, or is the defendant exposed to possible prosecution by another office?"
10 minute read
October 14, 2024 | New York Law Journal

Communications With Non-Retained Experts May Be Subject to Disclosure

"Lehrburger explained that unlike retained experts, non-retained treating physicians 'wear a cloak of independence and lack of bias,'" write Edward M. Spiro and Christopher B. Harwood.
8 minute read

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