Criminal Litigation

Audio

Learn while you’re on the go. Listen to the Criminal Litigation Committee’s past Sound Advice and Roundtable recordings on this archive page.

Sound Advice

Cyber-Crimes and Practical Tips for Attorneys to Interpret Geek Speak
Sean Renshaw and Greg Naviloff provide insight for attorneys on commonly asked questions with respect to forensic cyber-crime investigation response. (19:48 min.)

Preparing for Sentencing from the Beginning
Guilt or innocence is often only half the battle; sentencing frequently follows. This program provides guidance to young attorneys on how—and when—to prepare for a sentencing hearing. (7:11 min.)

Using TAR in an Internal Investigation
If trained and applied appropriately, Technology Assisted Review (TAR) is an indispensable tool that can return more complete and accurate results than any human document review team, and also expedites the whole e-discovery process. In this podcast, listeners will learn exactly what TAR is, the advantages of using the software, and how it can help in an internal investigation. (10:34 min.)

SEC's Request for Better Accounting Controls as Cyber Scams Increase
A discussion of the details of the SEC’s recent communications regarding their intended crack down on companies who are easy cybercrime targets, why this is important, why organizations should take notice, and what public companies can do to help prevent cyber-attacks, including ways to improve internal controls. (9:34 min.)

The Kovel Privilege: Using the Services of a Non-Testifying Third-Party Expert Without Waiving the Attorney-Client Privilege; Part One—History and Widespread Acceptance
A three-part series presented by Caroline Rule that explores the Kovel privilege and offers suggestions for preserving the attorney-client privilege while using the services of a non-testifying third party expert. (9:48 min.)

The Kovel Privilege: Using the Services of a Non-Testifying Third-Party Expert Without Waiving the Attorney-Client Privilege; Part Two—Two Essential Elements for the Privilege to Apply
A three-part series presented by Caroline Rule that explores the Kovel privilege and offers suggestions for preserving the attorney-client privilege while using the services of a non-testifying third party expert. (10:10 min.)

The Kovel Privilege: Using the Services of a Non-Testifying Third-Party Expert Without Waiving the Attorney-Client Privilege; Part Three—Experts Who Have Been Held to Fall Within the Privilege, and Properly Establishing a Kovel Relationship
A three-part series presented by Caroline Rule that explores the Kovel privilege and offers suggestions for preserving the attorney-client privilege while using the services of a non-testifying third party expert. (12:52 min.)

Strategies for Tackling Trial Ready Regulators
Nicola Paterson discusses the "broken windows" strategy that the SEC currently uses and some of the potential best practices for your clients. (13:29 min.)

Searches and Seizures of Foreign Email Servers
By examining Microsoft v. United States, Theodore Fletcher explains Title 18, Section 2701 and how it may impact your clients. (10:13 min.)

Ethical Issues for Corporate Counsel after the Yates Memorandum
The Yates memorandum has led to significant amendments to the U.S. Attorney's Manual. Michael Dawkins reviews these changes and outlines some best practices moving forward. (11:58 min.)

10 Tips from the Bench
Long-time litigator and recently elected judge Abbe Fletman shares insight gained through years in the court both as an advocate and a trial judge. (7:10 min.)

How to Defend Against Government Wiretaps in White-Collar Cases
During the past 10 years there has been an increased e of wiretaps in white-collar criminal investigations.Two longtime litigators describe strategies to defend against them. (23:50 min.)

Navigating the Conflicts between U.S. Discovery Obligations and Foreign Data Protection Laws
Jane Shvets and Lindsay Cornacchia review some of the issues that arise when U.S. laws differ from those abroad. (12:20 min.)

Consequences of Criminal Convictions
Grayson Yeargin explains the new and unfamiliar situations the convicted party may face. (17:13 min.)

Best Practices for Parallel Proceedings
Grayson Yeargin discusses the special issues related to parallel proceedings and how to protect your client’s interests. (9:25 min)

Five Reasons to Take on a Death Penalty Representation Project
Volunteer lawyers say again and again that representing a client on death row was the highlight of their careers.  No matter how you feel about the death penalty, fair trails, good lawyers and justice cannot be dismissed. (9:13 min.)


Disclaimer:

The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.