Carrie H Cohen

Carrie H Cohen

June 26, 2024 | New York Law Journal

What's Next for Supreme Court Jurisprudence on Public Corruption?

With U.S. Senator Bob Menendez on trial for bribery fraud and corruption‑related offenses, any conviction will almost assuredly be followed by an appeal. This article analyzes the state of Supreme Court jurisprudence on public corruption, including the crimes of honest services fraud and extortion under color of official right. It also highlights potential trends and future legal issues that might arise in other federal public corruption cases.

By Carrie H. Cohen and Allison M. Magnarelli

8 minute read

August 26, 2022 | New York Law Journal

Conflicting Standards and Strategic Considerations for Criminal Defense Subpoenas

U.S. District Judge Jed S. Rakoff of the Southern District of New York has endorsed an expansive view of defense subpoena power and forged a split in authority within the Second Circuit.

By Edward A. Imperatore and Carrie H. Cohen

11 minute read

November 29, 2021 | New York Law Journal

Better Late Than Never: Challenges and Opportunities for New Counsel as Trial Approaches

Joining a case as trial counsel can be daunting. Counsel need to establish a relationship with existing or predecessor counsel, learn the documents and witnesses in a record time and navigate theories and practices that may fall outside their everyday experience. This article outlines the factors for success.

By Carrie H. Cohen and Nathan Reilly

6 minute read

June 23, 2020 | New York Law Journal

Without Fear or Favor: What Geoff Berman's Stand Against His Firing Means for Justice

Geoff Berman's statement that he cherished working with the men and women of the office "to pursue justice without fear of favor" speaks volumes to all of us who have served there.

By Antonia M. Apps and Carrie H. Cohen

4 minute read

January 29, 2018 | New York Law Journal

The New Imperative to Investigate Workplace Misconduct

The important ongoing national conversation about sexual harassment should serve as a wake-up call to companies, board members, and C-suite executives about the need to be proactive when confronted with allegations of harassment or other workplace misconduct.

By Carrie H. Cohen, Joshua Hill and Janie F. Schulman

8 minute read

August 09, 2017 | New York Law Journal

Recent Trials Show Importance of Investigating Cooperating Witnesses

Carrie H. Cohen writes: Cooperation agreements long have offered defense lawyers a potentially powerful avenue of attack. But the typical line of attack on cross-examination of cooperating witnesses, using his or her own crimes and desire to avoid a long prison sentence to undermine the witness's credibility, should be part of a much broader strategy. Everything—employment history, prior convictions, marital records, litigation history—should be open for scrutiny.

By Carrie H. Cohen

10 minute read

June 05, 2017 | New York Law Journal

Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls

Carrie H. Cohen writes that the digital age's proliferation of communication options has come with increased exposure to claims in litigation of withholding, hiding, destroying, and losing evidence.

By Carrie H. Cohen

16 minute read

March 13, 2017 | New York Law Journal

Challenges to SEC Administrative Proceedings Echo Complaints Against Arbitration

Carrie H. Cohen of Morrison & Foerster writes: As the challenges to SEC administrative proceedings continue, expect those challenges increasingly to include the due process arguments that consumers and employees have made against arbitration agreements.

By Carrie H. Cohen

17 minute read