Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Lucas Kowalczyk

Lucas Kowalczyk is an associate in the Litigation Department and a member of the firm’s Appellate Practice Group and the White Collar Defense and Investigations Group. His practice involves complex litigation in federal and state courts, government and internal investigations, and criminal, regulatory, and sanctions compliance matters. In addition, Lucas maintains a diverse pro bono practice and has represented indigent clients in immigration and family court.

Prior to joining Proskauer, Lucas served as a law clerk to the Honorable A. Richard Caputo on the United States District Court for the Middle District of Pennsylvania and to the Honorable Helene N. White on the United States Court of Appeals for the Sixth Circuit. During law school, Lucas interned at the Charlottesville Office of the Public Defender and for the Honorable Lawrence E. Kahn on the U.S. District Court for the Northern District of New York.

Lucas is a graduate of the National Trial Advocacy College.

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Expanding FSIA to Criminal Cases Would Not Save a Turkish Bank from U.S. Prosecution, Holds the Second Circuit

The Second Circuit recently held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act (“FSIA”) is immediately appealable under the collateral-order doctrine but concluded that even if FSIA did provide immunity from criminal prosecutions, that immunity would not extend to a foreign sovereign’s or its instrumentality’s … Continue Reading

No Hearing? No Money: Second Circuit Holds the Government May Not Keep Illegally Seized Rent

The Second Circuit has recently held that the Government must account for rental income it denied a property owner during a period of illegal seizure even though the Government was able to establish probable cause at a post-seizure hearing.  The appeal stemmed from a decades-long sanctions and civil forfeiture action in which the U.S. Department … Continue Reading
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