In federal and state criminal practice, discovery missteps can have serious consequences — including sanctions, ethical violations, or even disbarment. In this timely and practical CLE, Judge Clark and federal prosecutor Gene Rossi will guide attorneys through the complex and often misunderstood obligations surrounding criminal discovery. Focusing on four key areas — Brady, Giglio, the Jencks Act, and Rule 16 — the session will clarify the differences between disclosure and production, define what constitutes the “prosecution team,” and explain how and when critical information must be shared. Attendees will also explore the consequences of delayed or incomplete disclosures, the use of protective orders, and common pitfalls in handling witness statements, rough notes, expert reports, and exculpatory evidence. The program will touch on the Classified Information Procedures Act (CIPA) and the State Secrets Privilege, offering insight into how national security concerns intersect with a defendant’s right to a fair trial. Whether you represent the government or the defense, this CLE provides essential tools for complying with discovery obligations, protecting your client, and maintaining professional integrity. With courtroom-tested guidance and real-world examples, this session is a must for any attorney navigating the high-stakes environment of federal criminal litigation.
The Hon. James C. Clark (Ret.)
Judge
Alexandria Circuit Court
The Honorable James C. Clark (Ret.) served on the 18th Judicial Circuit Court for the City of Alexandria for over a decade. Before his tenure on the bench, Judge Clark enjoyed a successful career as a lawyer in private practice and served as the Assistant Commonwealth’s Attorney for the City of Alexandria. Among his many credentials, he served on the Alexandria Bar Foundation, the Substance Abuse Advisory Committee to the Alexandria City Council, and as a Mentor Judge for the Supreme Court of Virginia. Judge Clark is an Adjunct Professor at George Mason University and a former faculty member of the Virginia State Bar’s Harry L. Carrico Professionalism Course for new lawyers. Judge Clark now serves as a Neutral with The McCammon Group.
Gene Rossi
Shareholder
Carlton Fields
“Levity is Life” is Gene Rossi’s motto from death-defying medical challenges. He is a shareholder at Carlton Fields—and an adjunct instructor of constitutional law (George Mason University) & trial advocacy (Harvard Law School). He was a 2017 Democratic primary candidate for Lt Governor of Virginia. He & wife Diane (Greenwood, Mississippi) have lived in Alexandria, Virginia, since 1989. Their 3 children (Leigh, Will & Jack) are all “Titans” who attended Alexandria public schools. Born in 1956 in Middletown, Connecticut, he lived on a dairy farm & worked in a lumber yard—a business begun in 1926 by his late father (“Ted” Rossi) with a team of horses & portable sawmill. At age 10, Gene’s father passed away; he & 3 older brothers were then raised by his single mother Alma.
In 1983-89, he was a Washington representative for Connecticut Governor Bill O'Neill. In 1989-2016, Gene was a prolific prosecutor with the U.S. Justice Department, for which he was trial counsel in an unprecedented 110 trials (90 jury) in U.S. Courts. In 2001-16, he was an Assistant U.S. Attorney in the Eastern District of Virginia (EDVA)--famous “Rocket Docket." In EDVA's Alexandria Division, he was Deputy Chief of the Narcotics Unit and Chief of the Specials Unit, where he trained over 500 prosecutors.
He tried an EDVA record 65 felony jury trials. His Dr. William Hurwitz trials--part of nationally renowned Operation “Cotton Candy”--were the subject of a 2016 Hollywood documentary (“Dr. Feelgood”) about the opioid epidemic. To honor his historic trial work, EDVA’s Alexandria Office set aside a special conference area—the “Gene Rossi War Room.” The FBI Washington Field Office honored him in 2016 with a Career Achievement Award--first time given to a prosecutor. He’s appeared often on TV (e.g., CNN, MSNBC, FoxNews, CBS News, ABC News, NewsNation & Court TV). He is a legal analyst for the Law & Crime Network. He had a radio program—“The Gene Rossi Show.” In 2024, he was elected to the Cosmos Club of D.C.
Born in Middletown, Connecticut. His home town of East Hampton, CT, inducted Gene into its Athletic Hall of Fame. He was a 3-sport (basketball, baseball & soccer) high school athlete. As an All-Stater in basketball, he scored 1,300 points, including 41 points in 1 game, and later played two seasons in college. He went to law school after he failed to fulfill a baseball dream (as a catcher) at a 1979 Pittsburgh Pirates tryout camp & after earlier reading Stephen Oates’ best-selling biography of former uber trial lawyer Abe Lincoln: “With Malice Toward None.”
