by Dan Portnov Let’s say that you or your company find yourselves in the unfortunate position of receiving a document request by the Securities and Exchange Commission (SEC) with limited resources for representation. You’ve retained a moderately-priced,...
How to Prepare a Nervous Witness for a Government Interview (Part 1 of 2)
By: Sara Kropf Representing a witness during a voluntary interview or proffer session with the government requires preparation. As the lawyer, you will get ready by reviewing documents, talking to other lawyers in the joint defense group about anticipated questions...
OIG Investigations – Why Lawyers and Clients Should Both Worry (Part II)
By Dan Portnov Last week, Sara wrote about Liff v. Office of Inspector General for the U.S. Dep’t of Labor, et al., a government contractor’s unsuccessful suit against the Department of Labor and its Office of Inspector General (OIG) for the latter’s publication of a...
Fighting Back Against OIG Investigations (But Losing)
By: Sara Kropf Office of Inspector General—or OIG—investigations can have wide reaching consequences. I’ve written before about the lack of procedural fairness surrounding these investigations. Now, you might think that OIG investigations affect only federal agency...
Stormy Daniels, USA Gymnastics and the Power of a Non-Disclosure Agreement
By Dan Portnov With the recent revelation that then-candidate Donald Trump’s longtime attorney Michael Cohen used his “own personal funds to facilitate a payment of $130,000” to adult movie actress Stormy Daniels in 2016, we may be moving closer to finally getting...
Winning the Hard Way
By: Sara Kropf The hardest appeal to win is one based on insufficiency of the evidence. It argues that “the jury got it wrong.” Courts of appeal do not look kindly upon this argument, not only because it forces the court to dig deep into the record but because it asks...
Lawyers as Filmmakers: The Sentencing Mitigation Film
By Dan Portnov Every CLE panel on sentencing includes a judge. And often the judge emphasizes the importance of presenting your client as a person and not just a defendant. That can be a challenge at a sentencing hearing unless the friends and family who show up in...
The Government Keeps Trying to Erase Its Wrongdoing
By: Sara Kropf A few months ago, I wrote about the successful effort by a U.S. Attorney’s Office to convince the First Circuit to remove the name of a prosecutor involved in a case about Brady violations. Now, in a case in Philadelphia, a USAO did not ask the district...
David Ganek’s Valiant Effort to “Fight the Power” Fizzles—Where’s the Remedy When Law Enforcement Lies?
By: Sara Kropf I’ve written several times before about hedge fund owner David Ganek’s groundbreaking lawsuit against federal agents and prosecutors in New York. See my posts here and here. As I described the case: The plaintiff is David Ganek, the former head of...
What Happens If Your Client Dies While the Appeal Is Pending? (Hint: Appeals Matter)
By: Sara Kropf David Brooks apparently lived a rather lavish lifestyle. As the head of a successful body armor company, he was rumored to have thrown a $10 million bat mitzvah party for his daughter that included performances by 50 Cent and Aerosmith. In 2007, the fun...