In the News

Marc Frazer Scholl, counsel at LBKM and former white collar prosecutor and investigator of public corruption, commented in Law360 on the end of the criminal prosecution of NYC Mayor Eric Adams after the Justice Department took control of the case from the U.S. Attorney's Office for the Southern District of New York, threatening the Southern District's historic independence and privileged status within the Justice Department.

John W. Moscow, counsel at LBKM and former prosecutor at the Manhattan district attorney’s office under Robert Morgenthau, shared his thoughts on the deal made by Paul, Weiss, Rifkind, Wharton & Garrison LLP with the Trump administration.

"We as lawyers have the obligation to make clear that these executive orders are fundamentally unjust; they are directed at all of us. It rests on us to speak out against them."

LBKM Senior Counsel John Moscow commented in Business Insider on a request by federal prosecutors to order a Dutch tax attorney to pay $19 million in back taxes owed by the tax attorney's former client. 

The Legal 500 US has ranked LBKM partners Eric Lewis and Aisha Bembry among Washington, DC’s “City Elite” for international litigation.

The U.S. District Court for the District of Columbia dismissed a suit by Seychelles company Global Voice Group SA (“GVG”) to confirm an arbitration award against the Republic of Guinea. The Court found that it lacked subject matter jurisdiction because Guinea retained sovereign immunity.

"It is rewarding that Judge Cobb found the caselaw introduced by Guinea ‘quite helpful in resolving the subject matter jurisdiction issue.’ Furthermore, Judge Cobb appreciated the key nuance in this case: there was a credible dispute over whether Guinea was party to the document containing the arbitration agreement,” said Alexander Bedrosyan.

LBKM partner Anthony Capozzolo provided insight into a motion to dismiss filed by Sean Combs' defense team claiming selective prosecution over an alleged violation of the Mann Act.

The Manhattan federal judge overseeing the corruption case against New York City Mayor Eric Adams is unlikely to rubber stamp a request from the U.S. Department of Justice to toss the case and may instead hold a hearing on the matter, which could get "messy" and "embarrassing," experts say.

Chambers has again noted Lewis Baach Kaufmann Middlemiss PLLC (LBKM) for its expertise in Latin America.

The 2025 Chambers Global guide ranks the firm among the top international counsel for corporate crime and investigation matters arising out of Latin America. LBKM is the only boutique firm to be included in this elite list.

Cristián Francos was quoted in Deutsche Welle on the Trump administration's decision to pause enforcement of the Foreign Corrupt Practices Act and the potential effects on Latin America.

Attorney General Pam Bondi has issued a directive prompted by a White House executive order announcing a “fundamental change” in the U.S. Department of Justice’s investigative and prosecutorial priorities and directing all law enforcement personnel to work toward the “total elimination” of criminal drug cartels and transnational criminal organizations. A laudable goal, no doubt, but the devil is in the details.

Cristián Francos was quoted in Clarín on the Trump administration's decision to pause enforcement of the Foreign Corrupt Practices Act.

Over more than two decades, Guantanamo Bay prison in Cuba has cost US taxpayers at least $13bn to run – it currently houses 15 prisoners. Closing time is beyond due, writes Eric Lewis.

LBKM Managing Partner Aisha Bembry has again been selected by The National Black Lawyers for inclusion in its list of Top 100 lawyers in Washington, DC.

Leaders in a small New York town thought they were untouchable, until one woman’s quest for freedom took them down.

The expropriation exception to the Foreign Sovereign Immunities Act, or FSIA, permits victims of international war crimes to recover property taken by a sovereign nation in violation of international law when there is a commercial nexus to the U.S. But what happens when the property, unlawfully taken decades earlier, has long since been liquidated and cannot be traced to the present day?

LBKM partner Adam Kaufmann discusses likely enforcement priorities for the incoming US presidential administration.

Eric Lewis looks back on how the legal profession has changed over the 40 years he’s been practicing.

The ICC Arbitral Tribunal ruled in favor of FHL and SEPL, rejecting PEL’s claims and awarding full relief to the claimants. The tribunal dismissed PEL’s counterclaims of $483 million, declaring them unsubstantiated. 

Two foreign oil and gas companies, Frontier Holdings Limited and Spud Energy Pty Limited, have won International Chamber of Commerce (“ICC”) arbitration against Petroleum Exploration (Private) Limited.

A Canadian energy company says that an ICC tribunal has confirmed its ownership of a stake in two gas blocks in Pakistan – while also rejecting counterclaims worth US$483 million.

LBKM is delighted to announce the promotion of Elizabeth Vélez to partner. Ms. Vélez’s elevation reflects her outstanding contributions to the firm and her exceptional legal acumen in complex commercial litigation.

A look at the pending SCOTUS decision in ‘Kousisis v. United States,’ which will have far-reaching consequences, not only for the scope of federal fraud prosecutions, but also for the way businesses operate and communicate with consumers, investors, and counterparties.

"The simple fact is that whether 'with prejudice' or 'without prejudice,' there surely will be little interest to push for the renewal of the charges based upon Jan. 6, 2021, when Trump leaves office in his 80s. Instead, it will be for history to view the conduct of Trump," Scholl told Law360.

LBKM associate Alex Bedrosyan has been selected to Lexology Index: Arbitration 2025 in the “Future Leaders – Non-Partners” category.

Global Investigations Review has ranked LBKM as one of the world’s leading firms for cross-border investigations.

On Nov. 19, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in AstraZeneca UK Ltd. v. Atchley, a case which is likely to have a significant impact on actions brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act.

On Oct. 15, the U.S. Supreme Court heard oral argument in Medical Marijuana Inc. v. Horn, a case addressing whether plaintiffs seeking to recover for economic harms resulting from personal injuries have standing to bring a civil claim under the Racketeer Influenced and Corrupt Organizations Act, or RICO.

Marc Frazier Scholl was quoted in Law360 on whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders.

LBKM is pleased to announce that Adam Kaufmann, John Moscow, and Solomon Shinerock have been named to the 2024 New York Super Lawyers list.

The Engel List was designed as a critical foreign policy tool to identify and target individuals believed to be involved in corruption and actions undermining democratic institutions in Central America. While the List serves an important role in identifying the individuals responsible for corrupt practices in Central America, like many U.S. “lists,” it presents significant challenges from a due process perspective.

An Orange County judge vacated the grand larceny conviction of Martin Soudani and voided the order for him to pay restitution to his uncle, Mout'z Soudani. She said the case was tainted by payments of up to $63,000 Mout’z Soudani allegedly made to Assistant District Attorney Stewart Rosenwasser during the investigation and prosecution.

Anthony Capozzolo, a former federal prosecutor who represented a key figure in the Nxivm sex trafficking case against Keith Raniere, said that in the case against Mr. Combs, the government seemed eager to keep him detained in part because there might be witnesses who would be more willing to speak with Mr. Combs in jail.

“The same thing happened in the Nxivm case,” Mr. Capozzolo said. “Once he was locked up and people thought the air of invincibility was shattered, they were able to get even more witnesses.”

Adam Kaufmann is featured by The International Academy of Financial Crime Litigators as "Fellow of the Month." In this Q&A, Adam discusses a figure who inspires him, recommends best practices in a crisis situation, and gives advice to future litigators.

"The government is charging Trump not for his abuse of presidential power but for his alleged criminal conduct as a candidate who seeks to alter the results of an election and also who seeks to bring the vice president into the corrupt cabal," Marc Scholl said.

Lewis Baach Kaufmann Middlemiss made its debut this year in Chambers’ annual Latin America Guide, ranking as a leading international firm in the Corporate Crime & Investigations practice area.

LBKM is the only boutique firm to be so ranked.

The International Academy of Financial Crime Litigators has welcomed Adam Kaufmann as a new Fellow. 

Solomon Shinerock writes in Law360 about the unintended consequences of OFAC's expansion of the Specially Designated Nationals List.

Cristián Francos was quoted in an article discussing the frameworks used in many Western countries to provide compensation to overseas victims of economic crime.

Eric Lewis, A. Katherine Toomey, Adam Kaufmann, and John Moscow were recognized for their market-leading expertise in the tracing and recovery of lost, misappropriated or stolen assets.

LBKM is once again ranked as a leading firm worldwide for Asset Tracing & Recovery in the 2024 edition of Chambers and Partners Litigation Support. Chambers noted the firm’s “particularly strong networks in Latin America, the Middle East and the UK,” and clients described the firm as “extremely responsive and on the ball.”

ABF Fellows are a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.

Chambers and Partners has again ranked LBKM as a leading law firm in the area of insurance, highlighting its "strong reputation for advising both London and US insurers in significant coverage cases and reinsurance disputes" as well as "[i]ts strong track record cover[ing] environmental liability and health hazard cases as well as arbitration and advice in relation to regulatory matters such as compliance with sanctions."

LBKM partner Art Middlemiss was quoted extensively in a Salon.com article on the factors that will affect the former president's criminal sentencing.

"It's always wise for the defendant not to rant about unfairness and innocence if he wants to get any sort of leniency at sentence," Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC, a former prosecutor in the New York County District Attorney's Office, told Law360.

Marc Frazier Scholl commented in the New York Times on New York's prohibition against jurors being provided with a copy of the written legal instructions.

Adam Kaufmann appeared on NBC News to discuss the verdict in Donald Trump's criminal trial.

Marc Frazier Scholl, commenting in the New York Times, discussed the complex instructions given to jurors in Donald Trump's criminal trial.

Julian Assange, charged with ten counts under the Espionage Act in a highly politicized case, won a crucial victory today that postponed his extradition to the United States. 

LBKM’s Eric Lewis advised the Assange UK defense team with respect to the law and procedure of foreign nationals asserting rights under the First Amendment as a defense in criminal trials.

Marc Frazier Scholl was quoted in the New York Times commenting on the prosecution's opening statement in the criminal trial of Donald Trump.

The prosecutor's pending request represents "an additional remedy that the judge could use to cajole compliance," noted former New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC.

The judge might also deny the request and warn Trump that, if he violates the gag order again, he could face cross-examination on the issue, which "should encourage a reasonable person to avoid a further contempt finding and provide Trump with ample notice to modulate his behavior," Scholl said.