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Carrie H. Cohen and Kate Driscoll to Present “Bad Blood: Role of Gender and Ethics in the Elizabeth Holmes Trial” to Comcast

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MoFo trial lawyers and white collar crime veterans Carrie H. Cohen, former Assistant United States Attorney (AUSA) for the Southern District of New York and former Assistant Attorney General-in-Charge, Office of the New York State Attorney General, and Kate Driscoll, former AUSA for the Eastern District of Pennsylvania, are pleased to present a CLE entitled “Bad Blood: Role of Gender and Ethics in the Elizabeth Holmes Trial” to Comcast on Tuesday, March 21.

MoFo trial lawyers and white collar crime veterans Carrie H. Cohen, former Assistant United States Attorney (AUSA) for the Southern District of New York and former Assistant Attorney General-in-Charge, Office of the New York State Attorney General, and Kate Driscoll, former AUSA for the Eastern District of Pennsylvania, are pleased to present a CLE entitled “Bad Blood: Role of Gender and Ethics in the Elizabeth Holmes Trial” to Comcast on Tuesday, March 21. Utilizing their backgrounds as former prosecutors, they will explore the role that gender and ethics has played during the trials of Elizabeth Holmes and Sunny Balwani, review the asserted defenses, examine the recent jury verdicts, and discuss ethics considerations for companies and their executives. <hr>

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Carrie H. Cohen is global co-chair of the Investigations + White Collar Defense practice group as well as co-chair of the firm’s State + Local Government Enforcement team and DEI Strategy + Defense group. Prior to joining the firm, Carrie served as an Assistant U.S. Attorney in the Southern District of New York (SDNY) and as Chief of the Public Integrity Bureau of the New York State Attorney General’s Office.As a former federal and state prosecutor, Carrie routinely advises and represents corporations, boards, and c-suite executives in government-facing investigative and regulatory matters with a particular focus on state and local government matters. Carrie’s extensive trial experience and distinguished record of success in high‑stakes, white collar defense and securities matters cement her position as a leading lawyer in these practice areas, and she is often called upon as trial counsel for particularly sensitive matters. Carrie’s trial and white collar expertise have been recognized by a variety of organizations including Chambers USA, which describes her as “. . . a terrific trial lawyer with great judgment and timing, [who] knows how to present complex cases in a digestible way.” Carrie also routinely prepares clients who are called to testify before Congress and state and city legislatures and works on matters that involve multijurisdictional investigations and significant media attention.While serving in the SDNY, Carrie investigated and tried public corruption, investment fraud, and securities cases, including obtaining the first convictions of former New York State Assembly Speaker Sheldon Silver. She also served as Chief of the Public Integrity Unit in the Criminal Division in the New York State Attorney General’s Office and as an Assistant Attorney General in the Civil Rights Bureau, where she received the Louis J. Lefkowitz Memorial Award for outstanding service.Carrie is a recognized industry expert in public corruption and state and local government actions. Carrie is an Adjunct Professor at the University of Pennsylvania Law School, where she teaches a seminar on Public Corruption and the Law. Among other appointments, Carrie has served and presented written public reports as Special Counsel to the New York City Council, Special Independent Counsel to the City of Rochester, and Counsel to the California Department of Justice as well as being part of the Monitorship team appointed by the U.S. Department of Justice for the global Odebrecht corruption matter. She also was appointed by Governor Kathy Hochul to the Metropolitan Transit Authority Inspector General’s Board and now serves as its Acting Chair as well as having been appointed by the Chief Judge of the United States District Court for the Eastern District of New York as Counsel to the Court’s Grievance Committee.Carrie serves on multiple bar committees and task forces as part of her effort to promote the public interest through criminal justice reform. She was appointed Chair of the New York State Bar Association’s Task Force on Domestic Terrorism and Hate Crimes, whose report was adopted by the House of Delegates in June 2020 and as a member of the New York State Bar Association’s Task Force on Racial Injustice and Police Reform and Task Force on Wrongful Convictions. As a leader of the Bar, Carrie serves as a Vice President and Trustee of the Federal Bar Council and President-Elect of its Inn of Court and was appointed Co-Chair of the Federal-State Judicial Advisory Council as well as prior service as a Vice President of the New York City Bar, Chair of its Executive Committee, and member of its Nominating Committee. Carrie also is a member of the Board of Directors of Volunteers of Legal Service, an organization that provides pro bono legal services to the New York community, and was appointed by the SDNY to its Criminal Justice Act Panel to serve as counsel to indigent defendants in federal criminal cases. In 2023, Carrie was appointed as a board member for the Beyond #MeToo Working Group to advance its mission of challenging workplace harassment, discrimination, and misconduct and promoting best practices for workplace inclusion and corporate diversity.Carrie has long been dedicated to advancing women in the legal profession, both in the United States and globally. She co-chairs Morrison Foerster’s Women’s Strategy Committee, a group that works with firm leaders to ensure the advancement of women remains a strategic priority, and serves as a member of the New York City Bar’s Cyrus R. Vance Center for International Justice, where she spearheads a professional development program for women lawyers in Latin America and South Africa. She is also a member of the Women’s Forum of New York, which is comprised of a diverse group of recognized leaders in their respective fields who are proactive in the advancement of women.Carrie co-authored the acclaimed New York State Bar Association report adopted by the American Bar Association “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR” and the follow-up report adopted by the House of Delegates “The Time is Now: Achieving Equality for Women Attorneys in the Courtroom and in ADR.” She serves on the Steering Committee of the When There Are Nine Scholarship Project, which she founded with other alumnae from the United States Attorney’s Office for the Southern District of New York to honor the late Justice Ruth Bader Ginsburg by providing law school scholarships and mentorship to the next generation of women leaders.<h4>Representative Matters</h4><ul><li>Public Corruption/Government Representation. Represent elected and appointed public officials, public entities, and individuals doing business with the government in a variety of public corruption-related matters with a focus on public-facing reports.<ul><li>Special Independent Counsel to the New York City Council related to investigations of certain Council Members for misconduct and corruption.</li><li>Special Counsel to the MTA related to an examination of time, attendance, and overtime, which included presenting a public report to the MTA Board.</li><li>Representation of the California Department of Justice’s Office of the Attorney General in leading and conducting an independent review of its public release of confidential personal information associated with firearms permit holders and applicants, which included the preparation and release of a public report.</li><li>Trial counsel for Rochester Mayor Lovely Warren for campaign finance charges; Hon. John A. Michalek for public corruption offenses; Hon. Sylvia Ash for obstruction of justice charges.</li></ul></li><li>Financial Institutions/Securities Matters. Represent banks and other financial institutions in investigations of regulatory and consumer-related matters. Represent corporations and individuals in a variety of criminal investigations and regulatory matters involving federal and state securities laws.</li><li>FCPA. Represent corporations in FCPA investigations. Service on the DOJ-appointed Monitorship team in the criminal prosecution of Odebrecht.</li><li>Workplace Misconduct. Conduct investigations for corporations and boards related to workplace misconduct and #MeToo issues and provide related advocacy and legal advice.</li><li>Cybersecurity. Conduct investigations of cybersecurity incidents and represent companies in related government and regulatory matters concerning disclosure of data breaches, theft of intellectual property, and other issues.</li><li>RICO/Civil Fraud/Commercial Litigation. Represent a wide variety of public and private corporations in civil fraud, RICO, and commercial litigation including at trial. Represent UPS at trial in SDNY case brought by the New York State Attorney General’s Office and the City of New York alleging illegal transportation of untaxed cigarettes.</li></ul>

Carrie Cohen

Partner

Katherine (Kate) Driscoll is a partner in Morrison Foerster’s Investigations + White Collar Defense Practice Group. Kate focuses her practice on investigations, enforcement actions, and compliance, representing companies and senior business executives. Kate has extensive experience in a wide range of criminal and civil cases, with an emphasis on pharmaceutical and life sciences clients, related to healthcare fraud, the Anti-Kickback Statute (AKS), the False Claims Act (FCA), and the Foreign Corrupt Practices Act. Kate routinely consults with clients on all manner of compliance matters, including providing risk assessments, gap analyses, and maturity evaluations. Kate also recently completed a secondment with a global consulting firm, leading government-facing investigations relating to healthcare matters.Prior to joining Morrison Foerster, Kate served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Kate has significant trial experience, obtaining multiple jury and bench trial verdicts. As a federal prosecutor, Kate ran large-scale white-collar investigations, including complex wiretap and forensic financial investigations, involving healthcare fraud, illegal distribution of prescription drugs, money laundering, wire fraud, bank fraud, and tax fraud. Kate conducted parallel investigations with the Civil Division related to potential False Claims Act violations, and the SEC for potential violations of securities laws. Among her experience, Kate led the criminal prosecution of one of the largest theft of trade secrets cases in United States history, involving a leading multinational pharmaceutical company, and also led COVID-19-related government fraud investigations, involving the CARES Act and the Paycheck Protection Program.Kate received the 2019 Inspector General’s Award for Excellence in Fighting Fraud, Waste, and Abuse for the successful prosecution and conviction of healthcare professionals who illegally distributed millions of dollars in prescription drugs. She was also part of the prosecution team that was awarded the Prosecutor of the Year Award for 2021 from the Coalition Against Insurance Fraud regarding work on a significant arson, healthcare fraud, and tax fraud prosecution that impacted hundreds of victims and caused significant damage to the City of Philadelphia. Kate has advised and worked closely with a variety of federal and local law enforcement agencies.Kate is a lecturer at Yale University, teaching a course on white-collar investigations and prosecutions. Earlier in her career, Kate clerked for the Honorable Pamela K. Chen of the U.S. District Court Eastern District of New York. Kate earned her J.D. from the University of Pennsylvania Law School and her A.B. summa cum laude from Bryn Mawr College.<h4 dir="ltr">Representative Experience</h4>Defense Experience<ul><li dir="ltr">Representation of an international consulting firm related to its work for opioid manufacturers, which involves complex, multidimensional work involving state attorneys general, DOJ, and congressional investigations, as well as more than 140 civil lawsuits that are now in a Multi-District Litigation.</li><li dir="ltr">Representation of Anthony Ornato, a former senior career civil servant who recently served as White House Deputy Chief of Staff of Operations, in the January 6 Select Committee investigation and related government investigations.</li><li dir="ltr">Representation of a multinational pharmaceutical and medical device manufacturer in various internal investigations relating to employees’ alleged kickback violations, submission of false claims, bribery, collusion with business partners, and corporate governance issues across North America.</li><li dir="ltr">Representation of a multinational holding company in a DOJ investigation arising from the client’s investment into a telehealth company under investigation for the unlawful prescription of controlled substances involving potential violations of the Controlled Substances Act (CSA) and the FCA.</li><li dir="ltr">Advising a pharmaceutical company seeking to mitigate AKS risk in supporting commercially insured patients in the transition to a new biosimilar therapy.</li><li dir="ltr">Representation of a global manufacturing company in reviewing and enhancing their anti-corruption and bribery codes of conduct, third-party due diligence protocols, and procurement policies.</li><li dir="ltr">Internal investigation in the U.S., Europe, and Latin America on behalf of a financial institution, which involved over US$1.3 billion in potential liabilities.</li></ul>Government Experience<ul><li dir="ltr">Matter involving scientists employed by a multinational pharmaceutical company who were criminally charged for conspiracy, theft of trade secrets, wire fraud, and money laundering, all relating to theft of cancer research platforms, valued at more than US$550 million.</li><li dir="ltr">Matter involving a scientist who was extradited from Switzerland after indictment for conspiracy to steal trade secrets related to the theft of research and other confidential information from several multinational pharmaceutical companies.</li><li dir="ltr">Matter involving physicians criminally charged for prescribing more than US$5 million in prescription drugs used to treat opioid addiction outside the course of professional practice and not for legitimate medical purposes.</li><li dir="ltr">Matter involving a financial advisor who was criminally charged for diversion of client funds through bank, mail, and wire fraud, and aggravated identity theft.</li><li dir="ltr">Matter involving arson that displaced hundreds of victims and injured several firefighters. Obtained convictions for all defendants and US$22 million in restitution for the victims. Brought related indictments charging additional criminal conduct, including healthcare fraud, tax fraud, and federal benefits fraud.</li></ul><h4 dir="ltr">Memberships</h4><ul><li dir="ltr">National LGBTQ+ Bar Association</li><li dir="ltr">Philadelphia LGBTQ Bar Association</li><li dir="ltr">Pennsylvania Association Criminal Defense Lawyers (Planning Committee)</li><li dir="ltr">Federal Criminal Law Committee in the Eastern District of Pennsylvania (Executive Committee)</li><li dir="ltr">American Bar Association, Health Law Committee – Healthcare Fraud & Compliance Interest Group Leadership Team (Subject Matter Representative)</li><li dir="ltr">University of Pennsylvania Inn of Court</li><li dir="ltr">The American Health Law Association</li><li dir="ltr">Women’s White Collar Defense Association</li><li dir="ltr">National Association of Criminal Defense Lawyers (2021–22)</li><li dir="ltr">University of Pennsylvania LGBTQ Alumni Association, Steering Committee (2016–19)</li></ul>

Carrie H. Cohen and Kate Driscoll to Present “Bad Blood: Role of Gender and Ethics in the Elizabeth Holmes Trial” to Comcast

21 Mar 2023 12:45 PM - 1:45 PM EDT