Eric Tirschwell

Eric Tirschwell

June 26, 2023 | National Law Journal

Second Amendment Chaos in the Courts

It is now incumbent on the Supreme Court to bring some order to the post-Bruen chaos and confirm that last year's decision did not close the door to gun safety.

By Eric Tirschwell and Ivan Wohner

6 minute read

July 20, 2020 | National Law Journal

What the 2020 Supreme Court Term Means for US Gun Laws

The high court's decisions this term confirm that there is no conflict between the Constitution and reasonable, commonsense gun laws that save lives, Eric Tirschwell and Mark Frassetto argue.

By Eric Tirschwell and Mark Frassetto

6 minute read

January 17, 2017 | New York Law Journal

Criminal Justice Reform at a Crossroads: U.S. Sentencing Commission Weighs In

Eric Tirschwell of Kramer, Levin, Naftalis & Frankel writes that following the election of Donald Trump and the nomination of a vocal opponent of federal criminal sentencing reform as Attorney General, optimism among proponents of criminal justice reform has been dramatically diminished, if not extinguished altogether. Enter the U.S. Sentencing Commission.

By Eric Tirschwell

18 minute read

May 21, 2015 | New York Law Journal

CFPB Investigations: What's Different, What's the Same

Eric Tirschwell and Arielle Warshall Katz of Kramer Levin Naftalis & Frankel writes: While the Consumer Financial Protection Bureau's investigative tools are similar to those used by other regulators, the procedures surrounding the bureau's broad investigative authority present new and unique challenges for companies receiving demands for information relating to a CFPB investigation.

By Eric Tirschwell and Arielle Warshall Katz

12 minute read

May 21, 2015 | New York Law Journal

CFPB Investigations: What's Different, What's the Same

Eric Tirschwell and Arielle Warshall Katz of Kramer Levin Naftalis & Frankel writes: While the Consumer Financial Protection Bureau's investigative tools are similar to those used by other regulators, the procedures surrounding the bureau's broad investigative authority present new and unique challenges for companies receiving demands for information relating to a CFPB investigation.

By Eric Tirschwell and Arielle Warshall Katz

12 minute read

November 10, 2014 | New York Law Journal

Separate Representation for Employees in Investigations: A Delicate Line

Paul Schoeman, Eric Tirschwell and Philip Ellenbogen of Kramer Levin Naftalis & Frankel address the legal, ethical, practical and tactical considerations that should be addressed by company counsel long before "Should I get my own lawyer?" is directly posed by an employee witness.

By Paul Schoeman, Eric Tirschwell and Philip Ellenbogen

13 minute read

July 14, 2014 | New York Law Journal

Top 10 Dos and Don'ts for Compensating Fact Witnesses

Eric Tirschwell and Theodore S. Hertzberg of Kramer Levin Naftalis & Frankel review the basic legal and ethical framework applicable to New York lawyers, and set out a list of rudimentary "dos" and "don'ts" to assist counsel when faced with the difficult question of whether and when it is proper and/or strategically wise to agree to compensate fact witnesses.

By Eric Tirschwell and Theodore S. Hertzberg

12 minute read

July 10, 2012 | New York Law Journal

An End to Cat-and-Mouse Discovery Games in Federal Criminal Cases?

Kramer Levin Naftalis & Frankel partners Barry Berke and Eric Tirschwell discuss the Fairness in Disclosure of Evidence Act of 2012, writing: No legislative or policy fix can solve all discovery problems in criminal cases, but we are confident that, if enacted into law, the FDEA would be a substantial and positive step forward in improving fairness and efficiency in the federal criminal justice system.

By Barry Berke and Eric Tirschwell

12 minute read

September 09, 2009 | New York Law Journal

Use of Acquitted Conduct In Federal Sentencing

Eric Tirschwell, a partner at Kramer Levin Naftalis & Frankel, and Michael Eisenkraft, an associate with the firm, explore the more persuasive legal and policy reasons for forbidding sentencing courts from increasing a defendant's sentence based on one or more crimes of which he was acquitted at trial, and suggest specific arguments that can be made by practitioners within the Second Circuit whose clients face such an unfortunate prospect.

By Eric Tirschwell and Michael Eisenkraft

11 minute read

May 04, 2010 | New York Law Journal

Seeking Leniency in Federal Sentences: Are Departures Dead?

Eric Tirschwell, a partner at Kramer Levin Naftalis & Frankel, and Jennifer Diana, ana associate at the firm, ask: "While non-government-sponsored downward departures in theory remain part of the defense arsenal, are they - or should they be pronounced - dead in fact?"

By Eric Tirschwell and Jennifer Diana

13 minute read