Partner Barak Cohen was quoted in the Law360* article, "Was Novel Gov't Theory in 'Bridgegate' Scandal Too Novel?" regarding the U.S. Supreme Court's impending review of the convictions of two former public officials for realigning lanes to the George Washington Bridge between New York and New Jersey.

"I think the court is cognizant that public corruption laws need to be balanced ... against everyday, routine political interests," said Barak, a former federal prosecutor. "They want to strike that balance in the right place."

The justices will be concerned with the vagueness and breadth of the government's theory in the case, said Barak, adding that "when charging theories are vague and overbroad, it permits the government to have a lot of subjectivity as to what they charge, and there's an element of unfairness to that when the activity includes a lot of routine political activity."

Barak said the case "goes to the question of line drawing and the extent to which we want prosecutors to have discretion under criminal law to charge routine political behavior."

"Put differently — you may not like what they did, but is it criminal?" Barak added.

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