August 26, 2022 | New York Law Journal
Weisselberg's Guilty Plea: Comparing State and Federal PracticeThe guilty plea of Alan Weisselberg, former CFO of The Trump Organization, raises all kinds of questions.
By Joel Cohen
8 minute read
August 16, 2022 | New York Law Journal
May a Lawyer Purport To Speak the Truth Even When She Doesn't Actually 'Know' It?To use lay terminology, does he or she know what they're talking about? Or may a lawyer simply make a bold declaration about facts without knowing whether they are true?
By Joel Cohen and Bennett L. Gershman
7 minute read
August 08, 2022 | New York Law Journal
Are We Sufficiently Loyal to Former Clients?Every criminal lawyer has been confronted with a client, even a victorious one, who simply wants to leave his difficult past and the lawyer whose mere presence unhappily reminds him of it behind. Many, but not all, lawyers completely understand the phenomenon. But it can't ever warrant the lawyer telling stories that simply should not be told.
By Joel Cohen
7 minute read
July 15, 2022 | New York Law Journal
Why Prosecutors Might Fear Prosecuting TrumpEven with powerful evidence of guilt, prosecutors will face daunting challenges to persuade a jury of Trump's guilt, and then defend that conviction in appellate courtrooms.
By Bennett L. Gershman and Joel Cohen
7 minute read
June 13, 2022 | New York Law Journal
When Receiving a Misdirected EmailIt's sometimes true that ethics rules may defy common sense. Meaning, here, there may be adverse consequences to an attorney who receives a document not intended for him through absolutely no fault of his.
By Joel Cohen and James Bernard
8 minute read
May 31, 2022 | New York Law Journal
When the Homes of Justices Are Picketed"Any encroachment on the right to protest threatens us all, especially in divisive times such as these."
By Joel Cohen and Gerald B. Lefcourt
8 minute read
April 28, 2022 | New York Law Journal
Interview of Sarah Weinman About Her Newly Published Book, 'Scoundrel''Scoundrel' is a story about the power of belief and what happens when it's given over to the wrong person.
By Joel Cohen
9 minute read
April 11, 2022 | New York Law Journal
When Lawyers Speak Offensively to AdversariesSpeech should not cross the line. But where is that line?
By Joel Cohen
7 minute read
April 01, 2022 | National Law Journal
Investment Funds: Increased Oversight Is on Its WayHints by the U.S. Securities and Exchange Commission and predictions of additional scrutiny and required disclosure are coming to fruition with the new rules outlined by SEC Chair Gary Gensler.
By Joel Cohen
5 minute read
March 25, 2022 | New York Law Journal
What If Judge Brown Jackson Didn't 'Believe' in All Her Arguments as a Lawyer?Senator Graham knew exactly what he was trying to imply about Judge Jackson despite what he surely knows or should know, even without being a member of the Senate Judiciary Committee, to be a lawyer's zealous advocacy obligations.
By Joel Cohen
6 minute read