In the News Archive
- August 16, 2018Federal prosecutors investigating former Trump lawyer view October 2016 tape as trigger for burying potentially damaging information, people familiar with the matter say
Mr. Cohen’s apparent change of heart on buying Ms. Clifford’s silence, after the “Access Hollywood” tape surfaced and nearly capsized Mr. Trump’s campaign, could help investigators make the link, said Anthony Capozzolo, a defense lawyer and former federal prosecutor in Brooklyn who handled corruption cases. [...] “Access Hollywood” tape “is exactly the kind of evidence that beats that argument,” by helping prosecutors frame the Clifford payment as a response to the damage the tape inflicted on Mr. Trump’s campaign, said Mr. Capozzolo.www.wsj.comThe Wall Street Journal
- August 6, 2018
The IRS can take action in cases of exorbitant compensation, but it rarely does.
Jeff Tenenbaum, head of the nonprofit practice at the DC-based law firm of Lewis Baach Kaufmann Middlemiss PLLC, said for 501(c)(3)s, the IRS can levy penalty taxes on those receiving excessive compensation as well as those who approved it.
He said for 501(c)(6)s such as the CPA institute, “revocation of tax-exempt status is the IRS’ only remedy — and one rarely utilized.”www.newsobserver.comThe Charlotte Observer
- August 2, 2018
American Law Institute's Restatement of the Lw, Liability Insurance incorporates a number of 'black letter' provisions that are more favourable to assuredswww.insuranceday.comInsurance Day
- July 27, 2018
Other practitioners aren't so sure about the APA argument. “You can't generalize about the procedural propriety of revenue procedures,” Jeffrey Tenenbaum, a nonprofit attorney at Lewis Baach Kaufmann Middlemiss PLLC in Washington, told Bloomberg Tax. “It depends on the substance of the revenue procedure.”
Tenenbaum said Montana's APA position “may be a bit of a stretch.” The lawsuit, filed July 24 in the U.S. District Court for the District of Montana, “certainly highlights the fact this seems to be a political dispute dressed up in procedural arguments—on both sides,” he said.
Still, Tenenbaum said, states “absolutely” have a legitimate argument for the IRS to provide them with information they need to enforce their own standards for entities’ tax-exempt status.Bloomberg Law
- July 19, 2018When a U.S. citizen heard he was on his own country’s drone target list, he wasn’t sure he believed it. After five near-misses, he does – and is suing the United States to contest his own execution
Ms. Plochocki is quoted in the article as addressing the court saying, “We’re not asking for the court to revisit drone policy, we’re not taking a run at the drone program,” she says. “Plaintiffs [just] want an opportunity to be meaningfully heard, just as… if they were designated for economic sanctions or told that they couldn’t board a flight to Cleveland.”www.rollingstone.comRollingstone
- June 27, 2018The New York Times
- June 27, 2018Courthouse News Service
- June 27, 2018The Washington Post
- June 27, 2018Pittsburgh Post-Gazette
- June 22, 2018www.ipwatchdog.comIP Watchdog
- June 2018The SAS decision was an unfortunate misstep on the part of the Supreme Court of the US
SAS Institute v Iancu ended the PTAB’s practice of partial institution for inter partes review (IPR) proceedings.www.intellectualpropertymagazine.comIntellectual Property Magazine
- June 13, 2018Judge allows journalist to challenge claimed inclusion on U.S. drone ‘kill list’
“We are gratified that the court recognized that, as a U.S. citizen, Mr. Kareem has the right to be heard in court before his government can decide to kill him, and we look forward to these proceedings continuing to a final resolution,” said Tara J. Plochocki, partner with the Lewis Baach Kaufmann Middlemiss law firm.www.washingtonpost.comWashington Post
- May 29, 2018
“The AICPA did a thorough and highly detailed job not only in pointing out needed areas for improvement and refinement of the Form 990, but also in supplying the specific verbiage needed to effectuate the changes,” Jeffrey Tenenbaum, a nonprofit attorney with Lewis Baach Kaufmann Middlemiss PLLC in Washington, told Bloomberg Tax.Bloomberg BNA Daily Tax Report
- May 17, 2018
Non-US insurers with exposures to Iran-related business face a difficult six months to bring their business into compliance with US president Donald Trump’s newly reinstated snap-back sanctionswww.insuranceday.comInsurance Day
- May 17, 2018
A government coverup of the Cohen reports “makes no sense,” said Aaron Wolfson, a lawyer who previously oversaw suspicious activity reporting for JPMorgan Chase. “I find that laughable.”www.washingtonpost.comWashington Post
- May 16, 2018www.indystar.comIndy Star
- May 1, 2018
Plaintiffs attorney Tara J. Plochocki likened the case instead to challenges from people who say they were wrongly placed on U.S. no-fly lists or hit with economic sanctions. The men were also represented by Reprieve, a human rights group based in London and New York City.
Plochocki argued that when Awlaki’s father tried to sue on his son’s behalf while he was still alive, another federal judge in Washington in 2010 ruled that nothing prevented the designated terrorist Awlaki from peacefully presenting himself at a U.S. embassy and asserting his rights in court.
“We’re taking [the judge] up on that offer,” Plochocki said, such as by asserting their innocence in a sworn affidavit, court filing, administrative hearing or other means.www.washingtonpost.comWashington Post
- May 1, 2018US Pushes for Deference Regarding Americans on Kill List
Tara Plochocki of the firm Lewis Baach noted that her clients do not seek review of the legality of the drone program, and are only seeking narrow due-process relief afforded by the Administrative Procedure Act.
“Plaintiffs want an opportunity to be meaningfully heard,” she said.www.courthousenews.comCourthouse News
- March 26, 2018Aeroflot allegedly told US citizens they faced being 'deported' to Delhi after connecting flight from Moscow to New York cancelled
The complaint was filed to the US Department of Transportation (DOT) by civil rights legal organisation Muslim Advocates and litigation specialist law firm Lewis Baach…Waleed Nassar, a partner in Lewis Baach, said: “This complaint is to ensure that a clear and unequivocal message is sent worldwide to any airline that chooses to contract with United States citizens and to offer flights to the United States: discrimination against any United States citizen on any basis – be it racial, religious, perceived ethnic origin or sexual orientation – is simply unacceptable and will not be tolerated.”www.independent.co.ukIndependent
- March 26, 2018
“Associations have the right to apply reasonable restrictions [on firearms] that go beyond local law since their events are private,” said Jeffrey S. Tenenbaum, Sr. Counsel, Lewis Baach Kaufmann Middlemiss PLLC, an association law expert. Similarly, he noted, sporting events, concerts and other private happenings regularly ban firearms and employ various manners of security for entry.USAE
- March 22, 2018
Erika Levin has been recognized as a member of the 2018 International Arbitration Law360 editorial advisory board whose purpose is to provide feedback on Law360's coverage and gain insight from experts in the field on how best to shape future coverage.www.law360.comLaw360
- March 19, 2018
“The SEC’s latest settlement with Voya Financial is another example of the SEC’s trend over the past few years to crack down on conflicts of interest and breaches of fiduciary duty,” said Lewis Baach partner Jason Berland.
©2018 ACA Insight and ACA Compliance Group. All rights reserved. Reproduced with written permission of the publisher.ACA Insight
- February 28, 2018
“We are very pleased that the Board ruled in favor of WAG in these IPRs,” Abramson told Law360 via email. “The rulings reflect that the real party-in-interest and privity provisions in 35 U.S.C. § 315(b) constitute a serious limitation on the time frame available for interrelated parties to challenge patents through inter partes review.”www.law360.comLaw360
- February 14, 2018El socio alemán de RIU sufre en Bolsa tras la imputación por corrupción del hotelero español en Miami
Manuel Varela, especializado en derecho penal en Washington, cree que las consecuencias de este caso para el grupo español pueden ser "gravísimas"www.eldiario.es
- February 13, 2018
“We are pleased to have several claims that have survived IPR attack, such that Makor’s patent infringement case in the district court can go forward at least as to those claims,” Ron Abramson, an attorney for Makor, told Law360 on Tuesday. “As I am sure you are aware, current statistics show that the large majority of instituted IPRs result in invalidation of all challenged claims. We are pleased to be in the exception to that rule in the present cases.”
[Makor is represented by Ronald Abramson and Ari J. Jaffess ]www.law360.comLaw360
- February 13, 2018
If the patent owner can make the case that there is a factual issue about whether the invention is conventional, "that'll almost always get you out of summary judgment," said Ronald Abramson of Lewis Baach Kaufmann Middlemiss PLLC. "This opens up a big can of worms to avoid summary judgment."www.law360.comLaw360
- January 31, 2018
Recent brain studies investigating CTE create uncertainty for defendants and their insurerspage 7Insurance Day
- January 16, 2018John Moscow to Speak about Anti-Money Laundering Compliance
- January 15, 2018
Criminals are opportunists. They like money. There’s a ton of money in college basketball. And, as evidenced by the federal criminal charges against 10 people, including four Division I NCAA men’s basketball assistant coaches and a senior executive at a major athletic apparel company, no one seems to keep a particularly close eye on that money — and pots of unsupervised money create attractive opportunities.www.sportsdaily.comSports Business Journal
- December 18, 2017
Erika Levin told Law360 that the decision is interesting because it shows the increasing attention being paid to "phase two" of arbitrations: the enforcement stage. That's important since arbitration awards were traditionally viewed as final and binding, with very little opportunity to overturn them once they're issued.
The decision is particularly interesting since Brazilian courts have traditionally been perceived to be very pro-arbitration and deferential, she said.
"You're starting to see more activity in phase two, the second act of the arbitration," she said. “Parties need to be mindful that multiple jurisdictions could be involved in an enforcement strategy, and that the results could differ drastically depending on the jurisdictions involved.”www.law360.comLaw360
- December 12, 2017
Eric Lewis is quoted saying, “The ability to understand a case, price a case, look at a case honestly and evaluate its strengths and weaknesses becomes more important.”www.law360Law360
- December 11, 2017www.law360.comLaw360
- November 13, 2017
Mr. Francos* was quoted in the article saying, “If someone received a bribe, then someone had to have paid the bribe,” he said. “Companies should be well prepared [to be investigated].” He continued to say, many Argentinian companies that are contracted by the state do not have established policies in terms of compliance and integrity, and will likely rush to put together new compliance programmes. Francos said “this shock could be good” to improve standards quickly. “This [scenario] creates a problem for companies, but also an opportunity that will bring change to Argentina’s business culture,” he said.
*Mr. Francos is admitted to practice only in Buenos Aires; not engaged in the practice of law in the District of Columbia.www.globalinvestigationsreview.comGlobal Investigations Review
- September 28, 2017
Katherine Toomey was interviewed about the President’s latest travel ban proclamation and observed that the new ban might signal future “policy changes and reciprocal restrictions on U.S. travel.” She added “I think that what we're seeing is uncertainty in the future about how many foreigners may be able to come over here for business purposes, whether for hiring or meetings or conferences and the extent to which that will have to be navigated by general counsels."www.law360.comLaw360
- September 11, 2017New York Post reports FBI evidence in a lawsuit alleges Saudi Arabia's US embassy may have funded test run for Sept 11.
Waleed Nassar, an international disputes lawyer who represents two Saudi charities that are defendants in 9/11 litigation alongside Saudi Arabia, said, "the evidence, along with much of what has been submitted, is innuendo and circumstantial".
"The plaintiff's burden is to show something more direct, and that's really the only hope they have to have Saudi Arabia remain in the litigation," Nassar said.
- August 16, 2017Press Release: Woodsford Litigation Funding to provide international litigation boutique Lewis Baach Kaufmann Middlemiss PLLC with innovative $20m global portfolio financing facility
Woodsford Litigation Funding, one of the leading global third party funders, has announced a funding facility agreement with Lewis Baach which ensures the firm can offer clients an expedited, one-stop arrangement for the financing of high value litigation and arbitration.
- August 16, 2017www.americanlawyer.comThe American Lawyer
- August 16, 2017
Third-party funder Woodsford Litigation Funding said Wednesday it has reached a $20 million agreement with law firm Lewis Baach Kaufmann Middlemiss PLLC to provide it with financing to pursue litigation and arbitration worldwide on behalf of the firm's clients.
The deal, referred to as a funding facility agreement, will allow Lewis Baach to offer clients a financing arrangement to cover matters in any jurisdiction around the world in which the firm is prepared to offer contingency fee arrangements, Woodsford said. The deal will also cover situations...
“In our experience, the resources and the resolve that Woodsford brings to the equation, combined with a strong claim, a determined client, and a formidable legal team, makes the difference between justice delivered or denied,” Liston said.www.law360.comLaw360
- August 15, 2017
"The ability to understand a case, price a case and look at a case honestly — to evaluate its strengths and weaknesses — becomes more important," said Eric Lewis of Lewis Baach Kaufmann Middlemiss PLLC. "I spend more time on strategy than I did 10 to 15 years ago. I spend more time talking to clients as cases go along."
- July 27, 2017
A little more than a year ago, the Pentagon lifted its ban on transgender people serving openly in the military, noted Elizabeth Marvin, an attorney with Lewis Baach in Washington, D.C. Reversing the decision "will undoubtedly adversely impact transgender service members who are currently serving openly under the Obama-era policy," she said.
HR should be aware that Trump's decision "will impassion people on both sides of the issue. Managers need to be educated about transgender issues, and companies should adopt a zero-tolerance policy regarding harassment of transgender employees," Marvin said. "Work should be a place where transgender employees feel safe and are not judged."www.shrm.orgSociety for Human Resource Management
- June 28, 2017
In September 2016, the US Congress passed the Justice Against State Sponsors of Terrorism Act (“JASTA”) into law, overriding President Obama’s veto to narrow the scope of foreign sovereign immunity for terrorism related claims and expanding liability under the Anti-Terrorism Act (“ATA”) to now also include those who ‘aid, abet, or conspire’ with a foreign terrorist organisation. JASTA’s twin expansions of liability now make it easier to hook Middle Eastern countries and institutions into the web of costly US litigation. As President Obama himself recognised as a basis for his veto, ‘courts [can] potentially consider even minimal allegations…sufficient to open the door to litigation and wide-ranging discovery…’Lexis Middle East Law
- June 21, 2017
Katherine Toomey was interviewed about renewed Chamber of Commerce efforts to obtain disclosure of third party funding arrangements for litigation. She noted that the process of obtaining funding can be helpful “because oftentimes you are engaging in a real testing of the strength of the case. . . You have people who are very knowledgeable and are interested in making sure they're making a good investment, asking you some very hard questions about the weakest parts of your case. So the cases that make it through are stronger for the process."www.law360.comLaw360
- June 19, 2017
"There will surely be a rash of fringe (and truly offensive) trademark filings as a result of this decision," Ron Abramson, an IP attorney with Lewis Baach, told Ars in an e-mailed comment. "However, none of them will likely ever be major brands, thus the issue should not have great practical significance."www.arstechnica.comArs Technica
- June 19, 2017
The U.S. Supreme Court on Monday decided in Matal v. Tam that the federal government’s ban on offensive-trademark registrations violates the First Amendment. Here, attorneys tell Law360 why the decision is significant.
Ron Abramson, Lewis Baach PLLC. “In today’s decision, there was no dissent from any side of the spectrum. The differences in the bases for the separate opinions of the justices
were nuanced, going to whether it was necessary to address additional questions such as whether registered trademarks represent government of private speech. One group said it was private speech — and thus highly protected — and a second group said it didn’t matter because this type of censorship would be prohibited under either standard. There will surely be a rash of fringe, and truly offensive, trademark filings as a result of this decision. However, none of them will likely ever be major brands, thus the issue should not have great practical significance.”www.law360.comLaw360
- June 8, 2017
“This ruling will affect industries across the board,” said Ronald Abramson, a partner in the law firm of Lewis Baach Kaufmann Middlemiss PLLC. The decision is important not just for its economic impact, but because of its effects on patent law. “This is the first time in a long time that an authoritative court has distinguished patent rights from contract rights and said that you can’t make up your own contract rights to affect patent rights,” said Abramson. “This breathes some new life into restraints on alienation, which have been ignored by the Federal Circuit for the last 25 years. It also opens up the door to antitrust and patent misuse, [two other legal limits on patentees] which have withered under the Federal Circuit.”www.ip-watchIntellectual Property Watch
- June 7, 2017
En Lewis Baach Kaufmann Middlemiss asesoran a clientes internacionales en litigios también internacionales, investigaciones y compliance. "Nuestra práctica trasciende las fronteras de los Estados Unidos permanentemente. En mi caso, me dedico a asesorar clientes latinoamericanos respecto de sus necesidades legales en los Estados Unidos", dice Cristian Francos*, socio de la firma y su cara en la Argentina.
*Mr. Francos is admitted to practice only in Buenos Aires; not engaged in the practice of law in the District of Columbia.El Cronista
- June 4, 2017
It would not be out of the ordinary, then, for a VEB official to have brief courtesy meetings with New York bankers about continuing business, though they would not be allowed to discuss new bond deals, said Aaron Wolfson, a partner at Lewis Baach who previously worked at JPMorgan and prosecuted banks for skirting sanctions.Business DayThe New York Times
- May 31, 2017
Ron Abramson, partner at law firm Lewis Baach, said the decision represents “a complete and harsh slap down for the Federal Circuit, at long-last rejecting the Federal Circuit’s long questioned 1992 decision in Mallinckrodt v Medipart, which held that a contractual reservation of rights could overcome the rule of exhaustion by prior sale that applies to the patent property right.”
He added: “I am a bit surprised to see that the court also went eight to nothing for ‘full monte’ exhaustion—upholding not only domestic patent exhaustion as widely expected, but applying the same rule to foreign sales as well, despite the fact that foreign patents under which the latter sales occurred are entirely separate from any corresponding US patents.”www.ippropatents.comIP Pro Patents
- May 31, 2017
Lewis Baach’s Ron Abramson said the verdict represents a “complete and harsh slapdown” for the CAFC. “At long-last”, the court rejected the CAFC’s “long questioned 1992 decision in Mallinckrodt v Medipart, which held that a contractual reservation of rights could overcome the rule of exhaustion by prior sale that applies to the patent property right,” he explained. “The holding will loosen manufacturers’ control over ‘refillable’ products, as well as the ability to control importation of products sold abroad by threat of patent infringement.” He added, “It also removes a large cloud on commercial freedom of sale perpetuated by the Federal Circuit since its controversial Mallinckrodt decision 25 years ago.”www.intellecutalpropertymagazine.comIntellectual Property Magazine
- May 29, 2017
Mr. Francos authored the article and is admitted to practice only in Buenos Aires; not engaged in the practice of law in the District of Columbia.www.lanacion.com.arLa Nacion