Lawrence Bluestone Pens Article For Law360 "Considerations For Lawyer Witnesses After FTX Trial"
January 29, 2024 | By: Lawrence Bluestone, Esq.
The article begins, "In his recent high-profile securities fraud prosecution, Sam Bankman-Fried introduced testimony in the U.S. District Court for the Southern District of New York about his attorneys' involvement in FTX Trading Ltd.'s business as evidence of "his good faith and lack of criminal intent."
"But attorney testimony is not limited to criminal cases. When litigating business disputes, the list of witnesses from your adversary may reveal an attorney or general counsel as a fact witness, such as when the attorney was involved in negotiations of a contract or witness to events giving rise to the dispute."
Mr. Bluestone discusses a recent securities fraud trial where attorney testimony played a crucial role, highlighting the challenges and privilege issues that may arise when attorneys are involved as witnesses in business disputes. Bluestone notes the importance of understanding these issues beforehand to prevent costly discovery disputes and potentially uncover vital evidence that the opposing party may want to keep hidden.
To access the full article, please click here.