Asserting 'Presence-Of-Counsel' Defense In Securities Trials [Law360]

Joseph Dever and Matthew Elkin contributed an article to Law360 discussing the presence-of-counsel defense, which was raised and limited in scope in the criminal trial of FTX founder Sam Bankman-Fried. Joseph and Matthew cover how the presence-of-counsel defense differs from the better-known advice-of-counsel defense and provide tips for how defense counsel can offer a presence-of-counsel defense in U.S. Securities and Exchange Commission jury trials.

To read the full article, click here.


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Joseph Dever

Chair, Securities Litigation & SEC Enforcement

(212) 453-3916

Matthew L. Elkin


(212) 453-3786

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