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 SubpoenasU.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 ApproachesJoining 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 JusticeGeoff 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 MisconductThe 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 WitnessesCarrie 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 PitfallsCarrie 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 ArbitrationCarrie 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
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