Morvillo Abramowitz Grand Iason & Anello P.C.

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Latest Publications

Richard Albert

Punishment Without Cause: Disgorgement And Forfeiture Of Salary And Pensions

It has become popular among prosecutors and regulators in recent years to claim that officials who engaged in wrongdoing on the job should be forced to surrender every dollar earned on that job…more

Disgorgement, Forfeiture, Pensions

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Robert J. Anello

Destitute Before Proven Guilty: Supreme Court OKs Asset Seizure In White-Collar Cases That Bars Defendants' Ability to Retain Counsel

The Supreme Court’s February 25 decision in Kaley v. United States creates a significant hurdle for white-collar defendants seeking to retain qualified counsel to defend against the government’s allegations. Ruling that…more

Right To Counsel, SCOTUS, White Collar Crimes

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Lawrence Bader

Stephen Cutler Has A Point About The Increasing Size Of Settlements

In late November, J.P. Morgan, the Justice Department and other agencies reached a $13 billion settlement over practices involving mortgage securities. Three days later, J.P. Morgan’s General Counsel, Stephen Cutler,…more

Banks, Compliance, DOJ, Fines, JPMorgan Chase

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Benjamin Fischer

Insider Trading And Conscious Avoidance: Handling The Government's Most Powerful Prosecutorial Tool

The recent conviction of Michael Steinberg, a former senior trader at SAC, highlights the power of the government to obtain a conviction when armed with the ability to have a jury charged on a conscious avoidance theory of…more

Fraud, Insider Trading, SAC Capital, White Collar Crimes

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Catherine M. Foti

Representing Clients In The Age Of Social Media Is Not As Easy As You Think

The proliferation of social media over the past decade has drastically changed how people communicate. Without much thought, people publicly post detailed personal information and photographs documenting their whereabouts and…more

Legal Ethics, Social Media

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Stephen M. Juris

Contorting The Law Of Disgorgement In Contorinis: Disgorging Ill-Gotten Gains That Were Never Gotten

For all the complexities inherent to securities enforcement litigation, the law of available remedies has been comparatively simple. There are monetary penalties, there are officer-and-director (or other) bars, and there is…more

Disgorgement, Unjust Enrichment

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Robert Radick

Medical Research Fraud And HHS's Office Of Research Integrity: Watching The Watchdog

Even for those who carefully follow legal developments in the health care fraud arena, the Department of Health and Human Service’s Office of Research Integrity (“ORI”) is an agency that rarely appears on the radar. According to…more

Healthcare, HHS, Medical Research, NIH

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Jonathan Sack

When Is An Internal Investigation Not Privileged?

Compliance programs have grown in importance along with the demands of new laws and regulations. These programs are increasingly seen as vital to preventing corporate misconduct or, at least, mitigating sanctions if misconduct…more

Attorney-Client Privilege, Compliance, Internal Investigations, Investigations, Work Product Privilege

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Jeremy Temkin

Should College Athletics Go Corporate?

Millions of Americans spent much of their holiday weekend watching college football. While fans around the country enjoyed watching Auburn’s thrilling win in the Iron Bowl or seeing Ohio State hold on against its arch-rival…more

Athletes, Colleges, Johnny Football, NCAA, NCLC

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