Ellen Brotman

Ellen Brotman is a Member of Griesing Law, LLC and Chair of the Firm’s White Collar Crime and Criminal Investigation practice group.

What do you focus on?

My practice focuses primarily on government investigations and white collar criminal defense and representation of attorneys before the Disciplinary Board of the Pennsylvania Supreme Court.

What do you see on the horizon?

Last year, the Department of Justice issued a Memorandum to United States Attorneys’ Offices mandating an emphasis on the prosecution of individual corporate officers and employees involved in corporate wrongdoing. This has shifted the landscape when corporations are being investigated for either misfeasance or malfeasance. Among other things, it has created a need for corporations to hire separate counsel for individuals earlier in the investigation. It has also created a need to be more cautious in the conduct of internal investigations. While this potentially could mean more cost for in-house counsel, it also provides opportunities to do more focused and productive investigations with the use of experienced boutique counsel representing individuals earlier in the process.

Biography

Ellen has defended a wide variety of criminal cases, including political and public corruption, corporate securities fraud, tax fraud, money laundering, currency structuring and other white collar crimes involving complex trial, sentencing and appellate issues. She is a Certified Compliance and Ethics Professional (CCEP), having received certification from the Society of Corporate Compliance & Ethics (SCCE) Academy in September 2010.

Prior to joining the Firm, Ellen was a partner at both Montgomery McCracken Walker & Rhoads LLP and Carroll & Brotman, where she defended criminal cases in federal courts and represented professionals in state disciplinary proceedings. From 1995 to 1998, as an assistant federal defender with the Defender Association of Philadelphia, Ellen provided criminal defense for indigent clients in federal court at trial and appellate levels. Before coming to Philadelphia, she served as a law clerk to Hon. Lee P. Gagliardi, United States District Judge, Southern District of New York.

Ellen is a sought after and frequent speaker on the subjects of criminal defense and professional responsibility related matters. She also serves on the board of directors of the National Association of Criminal Defense Lawyers, is on the Executive Committee of the Federal Bar Association’s Criminal Law Committee, and is a member of the ABA’s Criminal Justice Section, Long Range Planning Committee, and a co-chair of the ABA’s Criminal Justice Section Defense Function Sub-Committee. Ellen has been recognized by Best Lawyers in America and Pennsylvania SuperLawyers and been acknowledged on The Legal Intelligencer’s Women of the Year. Ellen graduated magna cum laude from the University of Albany and received her juris doctor from Albany Law School at Union University where she served as note and comment editor of the Albany Law Review.

Ellen is also on the Board of Directors of the People’s Emergency Center, a non-profit agency that assists homeless women, teen girls and their children in Pennsylvania achieve financial independence through a holistic approach of education, housing, and community support.

Contact

215.501.7852

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Education
  • Albany Law School, Union University, J.D.
    – Albany Law Review, Note and Comment Editor
  • University of Albany, B.A., magna cum laude
Bar Admissions
  • New York
  • Pennsylvania
  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Tax Court
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, District of Columbia
Awards
  • Super Lawyers, 2008-2016
    – Selected by survey of Pennsylvania lawyers as one of the top lawyers
  • Best Lawyers, 2008-2017
    – Criminal Defense: General Practice
  • The Legal Intelligencer’s Women of the Year, 2014
    – Included in the annual listing honor Pennsylvania’s top women lawyers
Community Involvement
  • Federal Criminal Law Committee for the Eastern District of Pennsylvania
    – Secretary, 2017
  • National Association of Criminal Defense Lawyers
    – Board of Directors, 2012-2015
    – Member, White Collar Crime Committee, 2012-2016
    – Member, Social Media Committee, 2012-2016
    – Editorial Advisory Board, The Champion, 2012-2016
  • Pennsylvania Association of Criminal Defense Lawyers
    – Publications Committee, 2016
    – Lawyers Assistance Committee, 2014-2016
    – Amicus Committee, 2014-2016

  • Federal Bar Association
    – Executive Committee, Criminal Law Committee, 2010-2016

  • American Bar Association
    – Criminal Justice Section, Defense Function Subcommittee Co-Chair, 2014-2016
    – Criminal Justice Section, Long Range Planning Committee, 2015-2016

  • People’s Emergency Center
    – Board of Directors, 2005-2016
    – Vice Chair, 2016

Training and Publications
  • “Professional Conduct: Close the Curtain on 2016” – Co-Author, The Legal Intelligencer, December 2016
  • “Maximizing Professional Relationships: Effective Mentoring Relationships, Supervising Relationships, and Diversity Development” – Panelist, Philadelphia Bar Association – 2016 Public Interest Law Day, December 2016
  • “The Prosecutor’s Duty to Disclose Favorable Evidence: Giving RPC 3.8 Muscle” – Author, The Legal Intelligencer, November 2016
  • “The Top 10 Reasons the Disciplinary Board Comes Knocking” – Presenter, Pennsylvania Bar Institute, November 2016
  • “White Collar Appellate Update” – Panelist, PACDL’s White Collar Practice Seminar, November 2016
  • “Pennsylvania’s medical marijuana launch is a marathon not a sprint” – Co-Author, Elevated Nation, November 2016
  • “The Top 10 Reasons the Disciplinary Board Comes Knocking” – Presenter, Delaware County Bar Association, October 2016
  • “A ‘House of Cards’ in Beaver County” – Author, For the Defense, September 2016
  • “NY In-State Office Requirement for Nonresident Lawyers” – Co-Author, The Legal Intelligencer, June 2016
  • “There’s a Rule For That: The RPC and the Duty to Preserve Issues on Appeal” – Co-Presenter, Pennsylvania Association of Criminal Defense Lawyers – Harrisburg, April 2016
  • “Embezzlement 101” – Presenter, Pennsylvania Bar Institute, Philadelphia, PA – April 2016
  • “Ethical Limits of Trial Advocacy” – Presenter, Lancaster County Paralegal Association’s 7th Annual Criminal Law & Forensics Conference, Lancaster, PA – April 2016
  • “New and Evolving Strategies in Obtaining, Managing, and Challenging the Use of Electronic Data” – Co-Presenter, American Bar Association’s 30th Annual National Institute on White Collar Crime – San Diego, March 2016
  • “Subpoenas To Lawyers: An Ethical Duty To Resist?” – Co-Presenter, Association of Professional Responsibility Lawyers’ Mid-Year Meeting – San Diego, February 2016
  • “The Jail Cell That Comes With Illegal Recordings: PA Wiretap Act” – Presenter, Pennsylvania Bar Institute – Philadelphia, December 2015
  • “Ethical Limits to Trial Advocacy” – Presenter, Pennsylvania Bar Institute’s Criminal Law Update – Philadelphia, December 2015
  • “New Year’s Resolutions for a Happy Practice in 2016” – Author, The Legal Intelligencer, December 2015
  • “Is Climate Change Real? The Current Atmosphere and Future Forecast for White Collar Sentencing Guidelines” – Moderator, Pennsylvania Association of Criminal Defense Lawyers’ 2015 White Collar Practice – Philadelphia, November 2015
  • “Review of Recent Changes Relating to Handling of Client Funds” – Co-Author, The Legal Intelligencer, September 2015
  • “Breaking (from) Bad: Voluntary Corporate Disclosure of Individual Employee Misconduct” – Co-Presenter, National Association of Minority and Women Owned Law Firms 2015 Annual Meeting & Law Firm Expo – Los Angeles, September 2015
  • “Consciously Criminal: Cyberstalking and Internet Threats in the Third Circuit” – The New Jersey Law Journal, August 2015
  • “Dealing with the Press in High-Profile Cases: How to Neutralize the 13th Juror” – Author, American Bar Association, Litigation, Volume 41, Number 4, Summer 2015
  • “The Ethical Limits of Trial Advocacy: How High Can You Go?” – Presenter, National Association of Criminal Defense Lawyers’ Annual Meeting – Denver, CO, July 2015
  • “When the Disciplinary Board Comes Calling: It Can Happen to You!” – Upon Further Review, Philadelphia Bar Association, June 2015
  • “Retention of Counsel, the Search, and Investigating the Case” – Instructor, National Association of Criminal Defense Lawyers’ First Annual White Collar Criminal Defense College, Stetson University College of Law – Gulfport, FL, March 2015
  • “Ethics in the Digital Age” – Presenter, American Bar Association’s 29th Annual National Institute on White Collar Crime – New Orleans, March 2015
  • “Strict Vicarious Criminal Liability for Corporations and Corporate Executives: Stretching the Boundaries of Criminalization” – Co-Author, Georgetown University Law Center, American Criminal Law Review, Volume 51, Winter 2014
  • “Fundamental Legal Requirements for a Corporate Ethics and Compliance” – Presenter, Pennsylvania Bar Institute’s Business Lawyer’s Institute, November 2014
  • “An Afternoon on Health Care: Latest Trends & Developments” – Guest Speaker, Widener University School of Law, November 2014
  • “Recent Trends in Mitigation and Aggravation” – Presenter, Pennsylvania Disciplinary Board Hearing Committee Retreat, October 2014
  • “White Collar Roundtable” – Co-Presenter, Association of Federal Defense Attorneys, May 2014
  • “Sentencing Strategies in Federal Court: Managing and Marginalizing the Sentencing Guidelines” – Presenter, Thomson Reuters Webcast, April 2014
  • “Defending the White Collar Case” – Course Planner and Panelist, Pennsylvania Bar Institute, February 2014
  • “Defending the White Collar Case” – Workshop Leader and Co-Presenter, National Association of Criminal Defense Lawyers Ninth Annual Conference, October 2013
  • “Ethics in White Collar Cases” – Panelist, American Bar Institute’s 27th Annual National Institute on White Collar Crime, March 2013
  • “Defending the White Collar Case” – Course Planner and Panelist, Pennsylvania Bar Institute, March 2012
  • “Retention of Counsel, the Search, and Investigating the Case” – Instructor, National Association of Criminal Defense Lawyers’ First Annual White Collar Criminal Defense College at Stetson University College of Law, March 2012
  • “Ethical Issues: Who is the Client? Should Your Client Face the Media?” – Panelist, Pennsylvania Bar Institute’s Protecting Our Children, 2012
  • “Jumping on the Media Bandwagon: Unsafe at Any Speed?” – Co-Author, The Legal Intelligencer, February 2012
  • “A Holiday Gift: An Ethical Culture for Your Firm and Clients” – Co-Author, The Legal Intelligencer, December 2011
  • “The Future of Sentencing: Rhetoric and Reality” – Panelist, University of Pennsylvania Law Review Symposium, October 2011
  • “Blue Collar Tactics in White Collar Cases” – Co-Author, The Champion, September 2011
  • “Make Probation a Real Option at Sentencing” – Author, Federal Sentencing Reporter, April 2011
  • “Play Ball! Resolving Potential Conflicts in U.S. v. Clemens” – Co-Author, The Legal Intelligencer, February 2011
  • “Criminal Tax Cases: Hot Buttons and Hot Topics” – Program Chair and Moderator, American Bar Association Criminal Justice Section CLE, 2011
  • “From Push to Shove: Defending Against Higher Sentences” – Panelist, National Association of Criminal Defense Lawyers’ First Annual West Coast White Collar Conference ‘Turning the Tables on the Government,’ 2011
  • “Investigation, Disclosure, Truth & Falsity: The Ethical Duties of Counsel and the Courts” – Panelist, American Bar Association, Section of Litigation and Criminal Justice Section Annual CLE Conference, 2011
  • “Honest Services Fraud: A Rose by Any Other Name,” Co-Author, American Bar Association’s Criminal Justice Magazine, Fall 2010
  • “How to Get Clients to Eat Their Spinach” – Author, American Bar Association’s Litigation Journal, August 2009
  • “From Jones to Rita, Gall and Kimbrough: The Supreme Court Gives Sentencing Back to the District Courts” – Author, White Collar Crime, Andrews Litigation Reporter, May 2008

Where You Can See Me Next

There are no upcoming events at this time.

@EllenBrotman

Media Clips

  • Congrats to Ellen Brotman for being elected Secretary of the Federal Criminal Law Committee for the Eastern District of Pennsylvania. January 5, 2017
  • Philadelphia Business Journal – After U.S. Attorney Zane Memeger departs, what’s next for white collar prosecutions?: Ellen C. Brotman November 29, 2016
  • Law360 – Sanctions For Pa. Atty Send Warning On Taboo Tactics: Ellen C. Brotman November 22, 2016

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