December 09, 2024 | New York Law Journal
When A Criminal Lawyer Withholds Critical Information From His ClientThis 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 EnforcementAs 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 ProsecutionsKhalid 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 MemoIf 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 StoryMany 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
July 15, 2024 | New York Law Journal
Judging With the Use of AIAntediluvians like me are typically resistant to change—particularly when it comes to using computers. Frankly, I border on electrocuting myself…
By Joel Cohen
8 minute read
June 14, 2024 | New York Law Journal
How a Father Might Teach LawyeringEasy to imagine. Your father is a lawyer, and that's why you want to become one. But do you really need him waxing poetic about Marbury, Palsgraf…
By Joel Cohen with Jonathan A. Fier
9 minute read