Expert testimony at trial presents unique challenges to both the expert and the examining attorney. The expert is tasked with teaching complex material to a group of “students” with widely varying levels of education, comprehension, pertinent experience and yes, interest. The students give no feedback, the consequences of a teaching mistake can be significant, and there are people waiting for the opportunity to attack at the first sign of weakness.

The attorney’s job is to help the expert overcome and thrive in these challenges. It is no small task...

I recently had the privilege of attending the NYC Bar Association’s 8th Annual White-Collar Crime Institute.  Among the impressive panels was one titled “Former White-Collar Defendants Speak.”  It was moving to hear four former defendants talk about their experiences with the criminal justice system.  Three had stood trial, and one spent time in prison before his conviction was overturned.

Their paths through the legal system varied considerably, but what stood out was their common experience of trauma.  They described waves of despair and humiliation and moments of panic and...

DOAR’s Ellen Brickman, Ph.D. discusses the challenges faced by litigators during jury selection in White Collar Criminal matters and offers insightful strategies to help during jury selection in this New York Law Journal article.

Defending White Collar Criminal Cases

Defending an allegation of white collar crime is replete with challenges.  Some arise from the evidence: for example, badly timed calls and trades in insider trading cases, emails that are suggestive of wrongdoing when taken out of context, and accounting practices that seem suspicious to those unfamiliar with the vagaries of GAAP rules.

And then, there are the jurors: a dozen or so people who bring to the case their own life experiences and too often, their own assumptions about corporate executives, those who...