Tell us about your biggest trial win from January 2016 to July 2017 and how you achieved the result for your client.
I won a major victory against the SEC when a federal jury cleared my clients, the former CEO and CFO of Thornburg Mortgage, on charges related to the alleged overstatement of Thornburg’s earnings at the onset of the financial crisis. This was the SEC’s first trial loss since 2014.
We emphasized one theme throughout the three-week trial — that our clients had made a good-faith accounting judgment during an unprecedented market meltdown, and that the SEC was engaged in unfair second-guessing of two successful entrepreneurs.
When the SEC decided to pursue a retrial on two remaining counts, our team persuaded the SEC to abandon the case altogether. As a result, my clients were completely vindicated.
Share two trial tips that have been key to your success.
1) Although people often have an image of the prototypical trial lawyer, a range of styles can be effective. What matters most is authenticity. Develop your own style that is true to yourself.
2) Juries have a remarkable capacity to understand even the most complex of issues. While it’s important to be clear and cogent, never speak down to jurors or insult their intelligence. Trust their ability to understand what matters. — Randall Lee