Advice of Counsel Defense

Could Donald Trump Rely on the Advice of Counsel Defense? Don’t Bet on It

by Kropf Moseley Schmitt | Aug 17, 2022

By Sara Kropf The FBI executed a search warrant at former President Donald Trump’s Florida home a few days ago. The investigation appears focused on whether Mr. Trump took—and then did not return—classified or other top secret documents from the White House. He has...

SDNY Limits a Corporate Executive’s Ability to Use the Advice-of-Counsel Defense

by Kropf Moseley Schmitt | Oct 13, 2015

The advice-of-counsel defense is a powerful one. If you did something because your lawyer said it was legal, then you may have a winning defense against many white-collar crimes. But all good things come with a price. To raise the defense, you must waive the...

Could Donald Trump Rely on the Advice of Counsel Defense? Don’t Bet on It

SDNY Limits a Corporate Executive’s Ability to Use the Advice-of-Counsel Defense

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