Joel Cohen

December 09, 2024 | New York Law Journal

When A Criminal Lawyer Withholds Critical Information From His Client

This article discusses what happens when a criminal attorney withholds information from his client, including hypothetical and real cases in which this has occurred.

By Joel Cohen

10 minute read

November 07, 2024 | National Law Journal

The Coming Era of Anti-Kickback Statute Enforcement

As the Department of Justice slowly turns away from enforcement of pandemic-era fraud, as a round of legal changes are occurring or are imminent, and as new modalities and forms of finance continue to develop within the industry, the coming years promise to shift the terrain on the compliant marketing and delivery of health services.

By Joel Cohen and Zach Williams

8 minute read

November 02, 2024 | New York Law Journal

Dropping a Client Like a 'Hot Potato'

Professor Bennett Gershman and Joel Cohen, a senior counsel at Petrillo Klein & Boxer, engage in a back and forth over a perplexing ethical and practical issue that has recently arisen and may continue to bedevil law firms in an increasingly polarized society.

By Bennett L. Gershman and Joel Cohen

8 minute read

October 07, 2024 | New York Law Journal

The Broken Agreement With KSM, and Civilian Prosecutions

Khalid Shaikh Mohammed (KSM) may be the least sympathetic living figure in America— although he remains offshore (outside America). That's a fact designed to keep him away from American civilian courts.

By Joel Cohen

10 minute read

September 25, 2024 | New York Law Journal

The Leaked Chief Justice Roberts In-House Memo

If Chief Justice John Roberts Jr. doesn't identify who leaked his memo to The New York Times, he risks a continued inability to candidly communicate with his colleagues in any meaningful way or a public that continues to lack confidence in its highest court, the Law Journal's Joel Cohen writes.

By Joel Cohen

7 minute read

August 28, 2024 | New York Law Journal

Obtaining the Criminal Client's Story

Many clients often lie to their criminal lawyers about something, not to mention that they lie to themselves, or tend to "forget" certain imposing facts, Law Journal columnist Joel Cohen writes. How might criminal practitioners manage defendants' recitation of their facts?

By Joel Cohen

8 minute read

August 12, 2024 | New York Law Journal

May Counsel Appropriately Make Non-Privileged Emails Privileged?

"An email is simply privileged, or it isn't," writes Joel Cohen. "But what about when counsel tries to make virtually all his client's emails—at least important emails—appear to be so?

By Joel Cohen

8 minute read

August 07, 2024 | New York Law Journal

Is Courthouse Sacrosanctity a Thing of Yesteryear?

There was a time that a draft decision of a court remained securely under wraps until the decision was final and intended for public release. And it used to also be that the oral or written communications among judges on a court likewise would remain "in the vault."

By Joel Cohen and Bonnie M. Baker

7 minute read