Putting Counsel in an Uncomfortable Spot: the Witness Chair

August 7, 2024  |  New York Law Journal

Recent rulings in two high profile local criminal cases have put attorneys where they are least comfortable: the witness chair. A ruling in United States v. Menendez allowed the government to offer statements Senator Menendez’s then-counsel made to prosecutors in an attorney’s proffer seeking to forestall prosecution, while a ruling in the long-running foreign bribery prosecution of former Cognizant executives, United States v. Coburn & Schwartz, allows defense counsel to call to the stand attorneys who conducted an internal investigation that found no evidence of wrongdoing.  In their latest article for the New York Law Journal, partners Robert J. Anello and Richard F. Albert discuss these unusual cases and the lessons they offer for practitioners.  

Putting Counsel in an Uncomfortable Spot: the Witness Chair (pdf | 131.10 KB)