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.