Joel Cohen

July 15, 2022 | New York Law Journal

Even 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

It'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

"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

'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

Speech should not cross the line. But where is that line?

By Joel Cohen

7 minute read

April 01, 2022 | National Law Journal

Hints 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

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

March 09, 2022 | New York Law Journal

Judges infrequently speak publicly to troubling societal issues du jour. Consistent with his ethical obligation of restraint, lest he inadvertently prejudge issues that may conceivably come before him, Justice Acosta has agreed to weigh in on some matters with which society, particularly in New York, is currently grappling involving the administration of criminal justice.

By Joel Cohen

13 minute read

March 02, 2022 | New York Law Journal

Yes, Rakoff's procedural device might seem harsh on its face to the layperson or uninitiated, as if he was saying "the heck with what the jury thinks, I know better." Any litigating lawyer, however, would understand the rightness of a judge taking the decision away from the jury when the evidence presented at trial is simply legally insufficient.

By Joel Cohen

7 minute read

February 07, 2022 | New York Law Journal

Whatever the prosecutor intends, a press conference or even press release has the inordinate capacity to influence public opinion against the accused, even though the final line of every prosecutor's release, almost as an afterthought, says that an indictment is not proof of guilt. And while that last sentence is desirable and ethically required, does anyone really pay it any attention? Or more to the point, believe it? All this said, where do we go from here?

By Joel Cohen

10 minute read