Joel Cohen

March 23, 2009 | National Law Journal

Why did Bernard Madoff plead guilty so fast? The smart money says he took the hit to cool the ardor of the prosecutors in their search for possible co-conspirators, particularly those who share the last name of Madoff, and who are reportedly no longer "talking" to authorities.

By Joel Cohen and Katherine A. Helm

7 minute read

September 24, 2012 | Law.com

Ex parte communications can be critical to a magistrate's duties, but when do those communications cross the line and jeopardize the independence of the judicial function? Attorney Joel Cohen examines the issue.

By Joel Cohen

9 minute read

June 02, 2008 | National Law Journal

In attacks on the prosecutor in the Sean Bell case for not trying hard enough to win, media and "trial experts" have characterized his effort as incompetent. But blaming the acquittal of three police officers for killing Sean Bell outside Club Kalua in Queens, N.Y., on prosecutorial ineptness is misdirected. It ignores crucial considerations that no fair-minded prosecutor could avoid. A prosecutor's legal and ethical duty is not only to win, but to win while also serving the cause of justice.

By Bennett L. Gershman & Joel Cohen / Special to The National Law Journal

5 minute read

November 10, 2006 | National Law Journal

In September, the chief judge presiding at a different Hussein trial from the one that reached the verdict was unceremoniously thrown off the case by the prime minister of Iraq�not even a courtroom participant�for having stated to Hussein in the middle of the trial on the record: �You were not a dictator.�

By Joel Cohen & Bennett L. Gershman/Special to the NLJ

5 minute read

January 14, 2013 | Law.com

By Joel Cohen

8 minute read

October 18, 2011 | The Legal Intelligencer

A true confidant is that unique person in whom one can entrust anything — from insecurities to dark secrets — without fear that it will ever see the light of day or invite judgment, no matter how disturbing its content.

By Joel Cohen

7 minute read

January 09, 2012 | Law.com

By Joel Cohen

6 minute read

July 21, 2003 | National Law Journal

The attorney's role goes well beyond the courtroom. It includes, for better or worse, defending his or her client's reputation and seeking vindication in the court of public opinion. To achieve this end, should an attorney's confidential communications to a public relations consultant-let's be straight, a spin doctor-retained by the lawyer be protected under the attorney-client and work-product privileges from compelled disclosure to an adverse party or investigating grand jury?

By Joel Cohen and Bennett L. Gershman

5 minute read

November 03, 2008 | National Law Journal

Anonymity poses a significant threat on the Internet, because it allows bloggers to promote harmful speech without bearing any significant risk of loss, thereby undermining the legal premise that those causing harm can be "held accountable." While the beauty of the blogosphere is its emphasis on content over credentials, posters should nonetheless be compelled to get stand behind their words. It's far too easy for someone to be able to spew venom — even falsity — around when nobody knows who he is.

By Joel Cohen & Katherine A. Helm / Special to The National Law Journal

5 minute read

March 04, 2013 | Law.com

By Joel Cohen

9 minute read