Women Criminal Defense Attorneys: Karen Green Quietly Scores a Huge Victory for Google

Criminal Defense Attorney Karen Green very quietly pulled off a huge victory in 2012.  She is one of the attorneys who played an instrumental role in negotiating a Non-Prosecution Agreement between Google, the Department of Justice, and the United States Attorney's Office for the District of Rhode Island. This agreement stems from Google’s acceptance of advertisements placed by Canadian online pharmacies selling pharmaceuticals to United States citizens. Often, our job, if done well, doesn’t afford us the opportunity to brag and our victory lap is done behind closed doors and without fanfare.  For Karen Green this was very much the case. Karen was at the center of what would have been one of this country’s most significant prosecutions. But instead, she did what any great criminal defense attorney does; she successfully avoided prosecution for her client.

She played a significant role in negotiating a Non-Prosecution Agreement in which Google agreed to forfeit $500 Million.  Yes I did say $500 Million and it is worth repeating because it is such a large amount of money; but still well worth the price to reach an agreement with the Department of Justice.  From my perspective any time a client can agree to satisfy a financial obligation owed due to committing violations of the law and avoid a criminal prosecution it is a deal worth making.  This is true for any client and especially true for a client like Google.

Karen is a partner at WilmerHale in Boston and has been recognized in the Massachusetts Lawyers Weekly as one of the Top Women in Law.  Although there is plenty of press about the $500 Million forfeiture paid by Google, there is surprisingly little press about Karen Green’s representation of the Company.  In fairness there are portions of the agreement that restrain the Company or agents from making comments that contradict the terms of the agreement and this could easily explain why she hasn’t made any comments in the media.  But there really isn’t even a blurb about her being counsel for Google anywhere.   Let’s be honest, who wouldn’t want to brag about having a client like Google?  I came across it only by chance during my own research into Canadian pharmaceutical prosecutions.

Karen Green and the other lawyers involved deserve an award for their exceptional work on behalf of their client, but instead Karen’s work goes unmentioned.  The important point that I hope to make is that as criminal defense attorneys we are at our best, only when we are doing what is best for our clients.  And often times, it is the work that goes unnoticed and without applause that is the real sign of a great lawyer.  We have a fiduciary obligation to do what is best for our clients, not for ourselves.  Karen Green has done just that.

That doesn’t mean that a lawyer should never engage the media when a client’s cause catches their attention.  There are certainly cases where it is hard to avoid the media attention that some cases attract.  But, I strongly believe that whenever the media takes an interest in any criminal client’s case, the most important question that you must ask is “how does it serve my client’s interest for me to engage with the media?” In my opinion, more often than not, the answer is that it does not, though there are certainly exceptions.

In this case, Karen Green’s work went unnoticed and without applause, because she was doing what best served her client.  This blog is all about highlighting the great work that women are doing all across the country.  In that spirit, I want to applaud Karen Green and her work on behalf of Google.

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Women Criminal Defense Attorneys: What Worked in School Won’t Work in Business

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Women Criminal Defense Attorneys: Interview with Tracy Miner