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May 02, 2023 | New York Law Journal

The Justice Department's Corporate Enforcement Policy: What's Really Changed?

In this article, authors Elkan Abramowitz and Jonathan S. Sack analyze a recent DPA and related remarks by Criminal Division leadership, which shed light on how prosecutors will deal with companies with aggravating factors, such as prior misconduct.
10 minute read
April 17, 2023 | New York Law Journal

The EFAA Can Be a Powerful Tool to Avoid Arbitration

Following motions to compel arbitration, Judge Engelmayer held in Yost that the EFAA does not invalidate an arbitration agreement unless the plaintiff pleads a cognizable sexual harassment claim that is sufficient to survive a Rule 12(b)(6) motion to dismiss. Judge Engelmayer further held in Johnson that that if a plaintiff pleads a cognizable sexual harassment claim, the EFAA precludes arbitration of all claims in the case, not just the sexual harassment claim, writes contributors Edward M. Spiro and Christopher B. Harwood.
9 minute read
April 12, 2023 | New York Law Journal

New DOJ and SEC Compensation Clawback Policies—Easier Said Than Done?

These new programs represent a major broadening in the scope of clawback policies, but at least for publicly held companies, clawback mandates are not new. Since 2002, Section 304 of the Sarbanes-Oxley Act (SOX Section 304) has directed the SEC to enforce the clawback of any bonus, incentive-based pay, or stock sale profits received by a public company's CEO or CFO that has restated its financials.
12 minute read
April 10, 2023 | Pro Mid Market

Midsize Moves: Morvillo Abramowitz Hires Former Federal Prosecutor, McGlinchey Gains Financial Regs Partner

Morvillo Abramowitz Grand Iason & Anello, a white-collar criminal defense firm, hired ex-government attorney Thomas A. McKay as partner in New York; McGlinchey Stafford added regulatory compliance partner James Milano to its financial institutions compliance practice in Washington, D.C.
2 minute read
April 04, 2023 | New York Law Journal

What Recent Special Counsel Prosecutions Can Tell Us About False Statements Prosecutions

While Section 1001 may be a powerful tool of federal prosecutors, and can cause great harm to defendants, the results of given cases can vary greatly and are far from certain.
11 minute read
Law Journal Press | Digital Book New Jersey Tax Handbook 2024 Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn View this Book

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March 23, 2023 | New York Law Journal

NJ Man Pleads Guilty to Role in COVID-19 Fraud Scheme Involving $800 Million in PPP Loans

The case is assigned to U.S. District Judge Lewis Liman. The charge to which Martinez pled guilty carries a maximum penalty of five years in prison.
3 minute read
March 22, 2023 | New York Law Journal

Arnold & Porter Adds Corporate & Finance Partner; Meltzer, Lippe Grow Its Trusts & Estates Group

And other announcements of recent hirings and promotions of New York attorneys.
5 minute read
March 16, 2023 | New York Law Journal

US Supreme Court Gives Taxpayers an FBAR Win

On Feb. 28, the U.S. Supreme Court issued a 5-4 decision in Bittner v. United States that cut across ideological lines and, in a victory for taxpayers, limited the IRS to a single $10,000 penalty regardless of how many accounts should have been reported in a given year.
10 minute read
March 02, 2023 | New York Law Journal

Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions

In this article, authors Elkan Abramowitz and Jonathan S. Sack discuss victims' rights in federal criminal law, and then the pair move to the facts in the Boeing prosecution and Judge Reed O'Connor's consideration of the victims' claims.
10 minute read
February 21, 2023 | New York Law Journal

Substantial Federal Questions Keep State Law Claims in Federal Court

In recognition of a century-old practice, the U.S. Supreme Court in Grable & Sons Metal Products v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), applied the "substantial federal question doctrine" to uphold the removal to federal court of a case that absent application of the doctrine would not have been subject to removal, contributors Edward M. Spiro and Christopher B. Harwood write.
9 minute read

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