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Tag: Sharon L. McCarthy

Trump Cases Put the Crime-Fraud Exception in the Spotlight

By Sharon L. McCarthy and Daniel C. Davidson New York Law Journal September 15, 2023 “Attorney-client privilege is dead!” So declared then-President Donald Trump in a tweet after a 2018 law enforcement raid on his former lawyer Michael Cohen’s office. In fact, various investigations into the former president demonstrate that

“Rule 23(a) of the Federal Rules of Criminal Procedure Should be Amended to Eliminate the Requirement that the Government Consent to a Defendant’s Waiver of a Jury Trial” Published By American College Of Trial Lawyers

The Federal Criminal Procedure Committee of the American College of Trial Lawyers, now chaired by Steptoe & Johnson partner Brian Heberlig, who succeeded Kostelanetz partner Sharon L. McCarthy in that role, has published a white paper proposing an amendment to Fed. R. Crim. P. 23(a) to eliminate the requirement that the government