June 16, 2010 | New York Law Journal
Holder Memorandum Presents New Opportunities for Defense AdvocacyEric Tirschwell, a partner at Kramer Levin Naftalis & Frankel, writes that the Holder Memo is a vote of confidence in the judgments of front-line prosecutors who now have some added discretion and flexibility to see that "justice is done" in each and every case.
By Eric Tirschwell
12 minute read
September 06, 2007 | New York Law Journal
New Rule Proposed on Note Taking in Criminal CasesBarry Berke and Eric Tirschwell, partners at Kramer Levin Naftalis & Frankel, write that to take notes or not to take notes is the question regularly asked and pondered by federal prosecutors and law enforcement agents before meeting with witnesses. You might expect that there would be a rule providing them guidance, uniformity and consistency, but there is no such rule . . .
By Barry Berke and Eric Tirschwell
12 minute read
January 25, 2010 | New York Law Journal
DOJ Issues Criminal Discovery Guidance: What Will It Mean?David Frankel and Eric Tirschwell, are partners at Kramer Levin Naftalis & Frankel, say that they see no persuasive reason why agent reports as well as agent notes and prosecutor notes (or some other prosecutorial summary) relating to witness interviews and prep sessions should not all be disclosed (allowing for any necessary redactions for core work product), and urge the local U.S. Attorneys to formalize such a policy.
By David Frankel and Eric Tirschwell
13 minute read