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Joel Cohen

Joel Cohen

March 07, 2005 | New York Law Journal

Ethics Rules and Legal Fees

Joel Cohen, a partner at Stroock & Stroock & Lavan and an adjunct professor at Brooklyn Law School, writes that, lest the ever-vigilant and imaginative New York State attorney general find a new delectable industry to tackle over its fee practices � namely, we lawyers � members of the New York Bar should periodically review the "black letter law" on legal ethics.

By Joel Cohen

12 minute read

May 14, 2009 | New Jersey Law Journal

Don't Hold Lawyers Criminally Liable For National Security Decisions

Nothing would be gained by holding lawyers personally liable for national security decisions made by the president when, after all the sturm und drang, the legal underpinnings no longer seem persuasive.

By Joel Cohen and Katherine A. Helm

5 minute read

October 12, 2007 | New Jersey Law Journal

When To Fault Client Choices

The public has a right to consider Fred Thompson's that choice of representation of two Libyans in eh Pan Am 103 bombing in evaluating his judgment and fitness to be president.

By Joel Cohen and Bennett L. Gershman

5 minute read

February 28, 2002 | New York Law Journal

Outside Counsel

Make no mistake: the prosecutor wants the factual accounts of corporate employees, no matter how high or low level, before counsel for a corporation under investigation "lawyers up" the employees by stating to her that he represents the Corporation and the employees, or discourages interviews without him present. Worse, the prosecutor fears that the Corporation`s attorney will encourage the employees to "take five" this, possibly, an obstruction of justice. 1 Or, she wants interviews before the Corporation

By Joel Cohen

12 minute read

February 22, 2000 | Law.com

Boiler Room: Is Truth Stranger Than Fiction?

The trailers for the new movie "Boiler Room" might seem to make the world of broker-dealers aggresively peddling penny stocks seem the stuff of Hollywood fantasies. But according to one former SEC prosecutor, the truth is not far off.

By Joel Cohen

8 minute read

August 10, 2010 | New York Law Journal

Lawyer White Lies: Just Part of the Job?

Joel Cohen of Stroock & Stroock & Lavan discusses legal ethics and how honest a practitioner must be with clients, judges and the press.

By Joel Cohen

14 minute read

September 04, 2009 | New York Law Journal

Ethics and Criminal Practice

Joel Cohen, who practices at Stroock & Stroock & Lavan and is an adjunct professor at Fordham Law School, and Danielle Alfonzo Walsman, an associate at the firm, write that, consistent with its stated goal of "ensur[ing] that trials are fair," the Department of Justice should strongly consider that Brady material be separately and specifically presented to the defense, particularly in paper-heavy cases, which most white-collar cases now are.

By Joel Cohen and Danielle Alfonzo Walsman

14 minute read

August 01, 2003 | Law.com

Dealing With the Whistleblower/Informer

Though the public interest may be served, not all whistleblowers are conscience-driven. How much protection for the whistleblower is warranted where the motivation for the disclosures is disturbing? A brand new provision passed in the Sarbanes-Oxley Act of 2002 raises serious concerns in this regard. Indeed, despite the conventional wisdom that "it's illegal to pay extortion," it apparently isn't always.

By Joel Cohen And Michele L. Pahmer

11 minute read

June 08, 2010 | New York Law Journal

'Answerability' Advocacy for the Trial-Convicted Defendant

In his Ethics and Criminal Practice column, Joel Cohen, a partner at Stroock & Stroock & Lavan and an adjunct professor at Fordham Law School, discusses several ways a client may earn "acceptance of responsibility" sentencing credit without having pled guilty.

By Joel Cohen

14 minute read

June 01, 2009 | New York Law Journal

Ethics and Criminal Practice

Joel Cohen, a partner at Stroock & Stroock & Lavan and adjunct professor of law at Fordham Law School, and Danielle Alfonzo Walsman, an associate at Stroock, write that although Judiciary Law §487 was dusted off in People v. Bergrin, it is hardly likely that every prosecutor across the region will open a "Major Lies Bureau" and prosecute each lawyer who appears to make false representations to a judge or party. Nor are judges likely to install polygraph sensors at each podium and counsel's table any time soon. However, the Bergrin case should underscore for every lawyer the seriousness of the issue and that there, in fact, exists no wiggle room on the matter.

By Joel Cohen and Danielle Alfonzo Walsman

14 minute read