James Cohen was quoted in a Law360 article about the criminal case against former Dewey & LeBoeuf LLP executives.
Whatever specific tweaks are made to the case, prosecutors should be thinking of ways to make the case more palatable to jurors, experts said. The first trial was so large that it was easy for the jurors to get bogged down with details and distracted from the alleged wrongdoing, said Jim Cohen, associate professor at Fordham University School of Law.
“[Prosecutors] appeared not to have thought concretely about how the case they put together would play out in a courtroom in front of a jury,” Cohen said. “It happens to the best of us and most experienced among us. You lose sight of the ultimate venue.”