Morvillo Abramowitz Grand Iason & Anello PC

CASE UPDATE: In a 7-2 decision, the Supreme Court has upheld an ATF regulation providing that gun parts kits constitute “firearms” under federal law, and thereby are subject to common sense requirements such as background checks and serial numbers. Our attorneys Robert Radick and Anna G. Adams authored an amicus brief in this case on behalf of GIFFORDS Gun Owners for Safety, arguing that the ATF regulation was consistent with longstanding firearms laws. This ruling represents an important affirmation of the government’s ability to address untraceable firearms while respecting responsible gun ownership. BACKGROUND: The amicus brief was filed on behalf of our client GIFFORDS Gun Owners for Safety, which is associated with GIFFORDS, an organization founded by former Congresswoman Gabrielle Giffords. The amicus brief argued in support of the ATF’s “ghost gun rule,” which clarified that kits containing nearly completed weapons that can readily be made operational through a handful of quick and simple steps constitute “firearms” under the provisions of the Gun Control Act of 1968 (“GCA”). ? By providing that the nearly operational weapons sold in ghost gun kits are in fact firearms under the GCA, the ghost gun rule seeks to ensure that these readily assembled weapons have serial?numbers, are sold only after background checks, and will not continue to be widely available to gun traffickers and those who would use unserialized firearms to facilitate crime and engage in acts of violence. Our amicus brief on behalf of GIFFORDS Gun Owners for Safety is consistent with the firm’s long-standing participation in the Firearms Accountability Counsel Taskforce (“FACT”), by which the private bar works with the nation’s leading gun violence prevention organizations to reduce gun violence and protect the safety of all Americans. Click here to read the brief>> https://lnkd.in/dv6c3SEH Click here to read the Supreme Court's decision>> https://lnkd.in/eHqDNfme

Morvillo Abramowitz Grand Iason & Anello PC Secures Major Second Circuit Win for Plaintiffs Seeking to Enforce the ADA Congratulations to our team—partner Karen R King and associates Joe Klemme and Nathaniel Sobel—on this major civil rights victory. We are proud to share that the U.S. Court of Appeals for the Second Circuit has issued a unanimous published decision in Tudor v. Whitehall Central School District, a significant ruling preserving access to the courts for plaintiffs seeking to enforce their rights under the Americans with Disabilities Act. In a major civil rights victory, the United States Court of Appeals for the Second Circuit issued a 3-0 published decision yesterday that keeps the courthouse doors open for plaintiffs bringing claims under the American with Disabilities Act (“ADA”).?Tudor v. Whitehall Cent. School Dist., No. 23-665-cv (Mar. 25, 2025).?Morvillo Abramowitz represented plaintiff-appellant Angel Tudor before the Second Circuit and successfully argued that the district court erred in granting summary judgment in favor of her employer, the Whitehall Central School District.?Morvillo Abramowitz now represents Ms. Tudor in the district court and will handle the case as it heads to a jury trial. Joining its sister circuits, the Second Circuit held that a plaintiff’s ability to perform the essential functions of his or her job under pain and discomfort does not bar the individual from seeking relief under the ADA.?This is an issue that has caused considerable confusion in the lower courts and the Court’s clear articulation of the law will allow other ADA plaintiffs to seek relief under the statute.?Siding with the plaintiff-appellant’s position, the Court wrote:?“The text of the ADA is unambiguous and affords no other reasonable interpretation.” Underscoring the importance of the case, the United States Department of Justice and Equal Employment Opportunity Commission filed a joint amicus brief supporting Ms. Tudor’s position on the interpretation of the ADA. Angel Tudor was a longtime high school math teacher in Whitehall, New York.?She suffers from PTSD and was previously granted short breaks during her workday to manage her symptoms.?After a change in administration, the school district stripped Ms. Tudor of her accommodation, causing her pain, stress, and anxiety in continuing her teaching duties.?She later brought suit against the school district for denying her a reasonable accommodation for her disability. Morvillo Abramowitz was appointed by the Second Circuit’s pro bono panel to handle the appeal.?The firm argued that the district court failed to apply core principles of statutory interpretation and that the ruling was out of step with decisions from the First, Fifth, Sixth, and D.C. Circuits.?The firm also successfully persuaded the Court to decline the school district’s invitation to affirm the district court’s decision on alternative grounds not reached by the district court.

Parties seeking to withhold documents from discovery are generally required to provide a privilege log identifying the documents at issue and the basis for withholding them. Earlier this year, the United States Court of Appeals for the Ninth Circuit addressed the tension between the privilege log requirement and the assertion of the Fifth Amendment act of production doctrine, which protects individuals from being compelled to produce documents in certain circumstances. In In re Grand Jury Subpoena, dated July 21, 2023, 127 F.4th 139 (9th Cir. 2025), the court recognized that a privilege log may provide the government with the information needed to overcome the act of production doctrine by establishing that the existence, authenticity, and custody of the documents were a “foregone conclusion.” In his latest article for the NYLJ, “The Act of Production, Foregone Conclusions, and Privilege Logs,” Morvillo Abramowitz Grand Iason & Anello PC Partner Jeremy Temkin discusses the act of production doctrine, analyzes the Ninth Circuit’s recent decision, and notes that the case highlights the danger of requiring a party to prepare a privilege log without consideration of the privilege being asserted. Read more>> https://lnkd.in/ecZV7Qfb

If you anticipate that FCPA enforcement will disappear under the new presidential administration, think again. Trump's so-called "pause" in enforcement may be a bit of a head fake by this purportedly business-centric administration. In his Insider Blog, Morvillo Abramowitz Grand Iason & Anello PC Partner Robert J. Anello highlights how FCPA enforcement increased in the prior Trump administration and may actually benefit U.S. businesses — a critical read for company counsel, compliance officers, and legal teams navigating the shifting enforcement landscape. Read the article here>> https://lnkd.in/eAVZxZ2j

In wire fraud cases the government must prove transmission of wire communications across state lines.?Use of the internet is generally thought to be interstate in nature, but courts have wrestled with the question of whether use of the internet by itself meets the “in interstate commerce” requirement of the wire fraud and other federal criminal statutes.?In their latest article for the NYLJ, “The Internet, Interstate Commerce and Wire Fraud,” Morvillo Abramowitz Grand Iason & Anello partners Elkan Abramowitz and Jonathan Sack examine the First Circuit’s recent ruling in?United States v. O’Donovan, 126 F.4th 17 (1st Cir. 2025), the circuit split over whether Internet use alone satisfies the interstate commerce requirement, and the implications for prosecutions in the Second Circuit.? https://lnkd.in/eJDyNC5y

On March 6, 2025, Morvillo Abramowitz partner Jonathan Sack moderated a panel entitled “Accounting in Fraud Cases” at the American Bar Association's 40th Annual White Collar Crime Institute. Jonathan and his co-panelists had a lively discussion about the use of accounting experts in all phases of criminal investigation and litigation by both the prosecution and the defense.?

The Second Circuit's decision in Do No Harm v. Pfizer Inc. is a significant ruling for organizations pursuing civil rights cases. The court held that an organization’s lack of standing to secure a preliminary injunction does not require dismissal of the entire case since a higher evidentiary burden applies for evaluating standing for purposes of a preliminary injunction than for dismissal. In their latest article for the New York Law Journal, “A More Lenient Standing Analysis for Organizational Plaintiffs,” Morvillo Abramowitz partners Edward Spiro and Christopher Harwood analyze how the Second Circuit clarified the evidentiary standards for organizational standing, particularly when plaintiffs seek to protect member anonymity during the pleading stage. https://lnkd.in/e8F5yFuY

We are thrilled to share that Morvillo Abramowitz Grand Iason & Anello received top honors at the 2025 Benchmark Litigation U.S. Awards. Elkan Abramowitz received the “Hall of Fame” award honoring legal excellence throughout his legendary over half-century career. The firm was also recognized with an “Impact Case” award for its role in The People of the State of New York v. Donald J. Trump. Winners were announced at an awards ceremony in New York City on March 6th.?#benchmarklitigation #halloffame #elkanabramowitz #whitecollar

We are proud to announce that partners Brian Jacobs and Thomas McKay, along with former associate A. Dennis Dillon, are recipients of the Burton Awards’ prestigious "Law360 Distinguished Legal Writing Award" for their?Review of Securities and Commodities Regulation?article,?“How Recent Crypto Prosecutions May Crack the U.S. Code”. Only 20 elite articles were chosen from over 1,000 submissions from the nation’s most prestigious law firms. The winners will be celebrated at a ceremony held on Monday, May 19, 2025, at the Library of Congress in Washington, D.C. The Burton Awards Program is held in association with the Library of Congress and is co-sponsored by Law360 and the American Bar Association. The Program is devoted to recognizing and rewarding excellence in the legal profession, and honors the finest accomplishments in law, including writing, reform, public service and interest, regulatory innovation, and lifetime achievements in the profession. #burtonawards #law360 #legalwriting https://lnkd.in/eGPeSnd6

The firm is proud to welcome Lisa Zornberg to the partnership!