Jonathan S Abernethy

Partner, New York

Jonathan S Abernethy

Partner, New York

Jonathan S. Abernethy represents clients in white collar criminal and regulatory investigations, internal investigations, and complex commercial litigation. He has handled significant matters involving the Foreign Corrupt Practices Act (FCPA), both in the private sector and as a federal prosecutor.

Jon also represents companies and individuals in investigations and prosecutions involving securities fraud, money laundering, wire and mail fraud, public corruption, antitrust, commodities fraud, health care fraud, and other white collar matters. He has extensive experience with various U.S. Attorney’s Offices, the Department of Justice, the SEC, the CFTC, the New York Attorney General’s Office, and the Manhattan D.A.’s Office.

Jon has been recognized in Chambers USA‘s white collar crime and government investigations category each year since 2015. Clients describe Jon as a “zealous advocate,” “an excellent and devoted lawyer who puts his all into his cases and gets excellent results,” and a “personable, engaging, and tough lawyer” who “has a great approach with clients.” He has also been described as having “excellent judgment” and “a really nice mix of individual and corporate experience which allows him to be really flexible depending on the engagement.” In addition, Jon is recognized in The Legal 500’s United States coverage for corporate investigations and white collar criminal defense, as well as securities litigation, and has been described as “very sharp” and a “top-tier advocate.” Jon is recognized by Super Lawyers as one of the top 100 lawyers in the New York metropolitan area and has been named one of New York’s Super Lawyers for white collar criminal defense each year since 2010. He has been recognized in the Best Lawyers in America’s guide since 2021 for white collar criminal defense in New York.

Prior to joining the firm, Jon served as an Assistant U.S. Attorney in the Southern District of New York, where he was a lead prosecutor on FCPA, money laundering, and financial fraud cases, and practiced at Fulbright & Jaworski.

Jon is a graduate of Stanford University and Columbia Law School, where he was a Harlan Fiske Stone Scholar. He served as a Law Clerk to the Honorable Ronald L. Buckwalter of the U.S. District Court for the Eastern District of Pennsylvania. Jon is a frequent lecturer and has written articles for the New York Law Journal, the ABA Securities Litigation Journal, and other publications.

Jonathan S. Abernethy represents clients in white collar criminal and regulatory investigations, internal investigations, and complex commercial litigation. He has handled significant matters involving…

Education

Columbia Law School (J.D. 1996); Stanford University (B.A., with highest honors, 1991)

Bar Admissions

New York State; Massachusetts State; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. Court of Appeals for the Second Circuit

Activities and Affiliations

Member, Criminal Law Committee, International Bar Association

Member, New York City Bar Association, White Collar Crime Committee

Member, New York Council of Defense Lawyers

Elder, First Presbyterian Church of Brooklyn

FCPA Matters

Won a motion to dismiss an FCPA complaint brought by the SEC against a former investment analyst for hedge fund Och-Ziff who had been charged with FCPA anti-bribery and books and records violations relating to mining investments by Och-Ziff in Africa.

Represented two energy companies in FCPA investigations relating to their operations in several countries in West Africa.

Represented an engineering and construction company in an investigation relating to potential FCPA violations in the Middle East.

Led FCPA and anti-corruption due diligence for an energy company on an acquisition target in Mexico.

Led FCPA and anti-corruption due diligence for a mining company on an acquisition target in West Africa.

Other White Collar, Regulatory, and Internal Investigations Matters

Representation of former Wynnefield Capital hedge fund analyst Peter Black in SEC v. Obus, an insider trading case brought by the SEC in the Southern District of New York, in which the jury returned a unanimous defense verdict after a two-week trial.

Representation of an individual in connection with criminal and regulatory investigations into the setting of LIBOR rates.

Representation of the audit committee of a multinational company in connection with an internal investigation relating to revenue recognition.

Representation of a hedge fund in an investigation by the New York County District Attorney’s Office into its trading practices.

Served as pool counsel for several employees in wire and mail fraud investigations by the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York.

Represented a celebrity extortion victim in a case prosecuted by the Manhattan District Attorney’s Office.

Significant Prosecution in the U.S. Attorney’s Office

Served as a lead prosecutor in an FCPA case involving a bribery scheme in connection with a state-run privatization program in Azerbaijan, which resulted in the conviction of Frederic Bourke in July 2009 in one of the few FCPA cases ever tried.

Cohen & Gresser is pleased to announce that 29 of the firm's lawyers are included on the 2023 New York Metro Super Lawyers list and 11 lawyers are included on the 2023 New York Metro Rising Stars list across a range of practice areas.

Super Lawyers named C&G co­founder Mark S. Cohen one of the Top 10 lawyers in the New York metropolitan area. Partners Jonathan S. Abernethy and Karen H. Bromberg have also been named to the Super Lawyers list of the Top 100 lawyers in the New York metropolitan area. Additionally, Karen has been recognized as one of the Top 50 women lawyers within the same region.

Super Lawyers and Rising Stars are annual lists of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

The C&G lawyers recognized on the New York Metro Super Lawyers list are:

The C&G lawyers recognized on the New York Metro Rising Stars list are:

Best Lawyers in America recognized 14 Cohen & Gresser lawyers in its newly-published 2024 guide. The publication—now in its 30th edition—evaluates and selects lawyers based entirely on peer review. The survey process is “designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.”

Six C&G attorneys are recognized by their peers as “Best Lawyers” in their practice areas:

Eight attorneys are recognized as “Best Lawyers: Ones to Watch” in their practice areas:

The Legal 500 United States 2023 edition has recognized Cohen & Gresser’s New York and Washington, D.C. offices for legal excellence in Antitrust Litigation, Corporate Investigations and White-Collar Crime, Commercial Litigation, and Securities Litigation. Partner Mark Cohen received recognition as a Leading Lawyer in Securities Litigation and Corporate Investigations and White-Collar Crime: Advice to Individuals. The 2023 guide also recognized partners Lawrence T. Gresser, Jonathan Abernethy, Jason Brown, S. Gale Dick, Jeffrey Lang, Melissa Maxman, Douglas Pepe, John Roberti, Daniel Tabak, and Ronald Wick as recommended lawyers. This 16th edition of The Legal 500 United States guide involved a detailed assessment of various factors, including work conducted by law firms over the past 12 months and historically; experience and depth of teams; and client feedback. The guide highlights C&G’s “widespread global footprint” as being “crucial on multifaceted disputes work.” It praises the firm’s “ability to handle high-end and top-of-the-line cases” and “strength in bet-the-company litigation, contract disputes, fraud, and the financial services sector.” Founded in 2002, Cohen & Gresser’s New York office serves as the firm’s headquarters. Our New York attorneys are particularly strong in securities litigation and arbitration, international arbitration, regulatory investigations, patent litigation, and M&A transactions. The firm’s Washington, D .C. office handles a range of commercial litigation and regulatory enforcement actions, with a focus on domestic and foreign antitrust issues.
International law firm Cohen & Gresser is pleased to announce that ten of its New York-based lawyers have been recognized by their peers in the 2023 edition of the Best Lawyers in America. Selection in the 29th edition of the guide “is based entirely on peer review.” The survey process is “designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.”

Six C&G attorneys have been recognized by their peers as a “Best Lawyer” in their practice areas:

Four C&G attorneys have been recognized as “Best Lawyers: Ones to Watch” in their practice areas:
International law firm Cohen & Gresser has been recognized in The Legal 500 United States 2022 guide for “bringing excitement and innovation to the practice of law.” The 2022 guide recognizes more C&G lawyers and practice areas than ever before, including a 58% increase in individual attorney recommendations and new rankings at the practice and “Leading Lawyer” levels.

The guide highlights C&G’s “elite group of practitioners” and use of advanced machine learning techniques and notes that the firm “handle[s] cases that are every bit as complex and challenging as big, national law firms.” Commentators noted that the firm “punches way above its weight” in litigation and investigation matters.

C&G Co-Founder Mark S Cohen is one of only two lawyers in the United States to be recognized as a “Leading Lawyer” in both Securities Litigation: Defense and Corporate Investigations and White-Collar Criminal Defense. Commentary from The Legal 500 recognizes Mark as a “top-tier advocate” who is “at the top of the profession” and “can litigate with the best of them.”

For the first time, C&G’s Antitrust practice has been recognized in Antitrust: Civil Litigation/Class Actions: Defense for its handling of class action cases concerning allegations of cartel behavior, monopolization, and other exclusionary conducts. The Legal 500 cites the leadership of Melissa H Maxman and the addition of “heavyweight” lawyer John Roberti as key reasons for the practice’s recognition.

C&G is again recognized in the Advice to Individuals and Advice to Corporates categories of the Corporate Investigations and White-Collar Criminal Defense section. The Legal 500 commentary notes that the practice is led by “partners with deep experience who obtain excellent results for clients” and is “well placed to handle transatlantic cases” with offices in New York, Paris, and London, and has “particular expertise in financial crime, antitrust enforcement, public corruption, and tax issues.”

The guide has also recognized C&G once again in the General Commercial Disputes category, praising the practice for showing the “discipline and focus necessary to win a case.” Testimonials from the guide highlight the team’s ability to “handle large and complex matters” with “experienced people, good judgment,” and “better use of technology.”

For the 10th consecutive year, C&G has been recognized in the Securities Litigation: Defense category for the firm’s “expertise in the financial services sector” and “recognized trial expertise” in cross-border and domestic securities litigation and enforcement proceedings. The Legal 500 emphasizes the team’s “strong practitioners” and “attentiveness to clients” in the 2022 guide.

Recognized Practices:

  • Antitrust: Civil Litigation/Class Actions: Defense
  • Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
  • Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
  • General Commercial Disputes
  • Securities Litigation: Defense
Recognized Individuals:

Antitrust: Civil Litigation/Class Actions: Defense

  • Melissa H Maxman
  • John Roberti
  • Ronald F Wick
Corporate Investigations and White-Collar Criminal Defense

  • Jonathan S Abernethy
  • Jason Brown
  • Mark S Cohen
  • S Gale Dick
  • Jeffrey I Lang
  • Melissa H Maxman
  • Reggie Schafer
General Commercial Disputes

  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
  • Melissa H Maxman
  • Daniel H Tabak
Securities Litigation: Defense

  • Jonathan S Abernethy
  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
About The Legal 500:

The Legal 500 analyzes the capabilities of law firms across the world. Its rankings “highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel.”

International law firm Cohen & Gresser received high praise in the Chambers USA 2022 guide for its “best-in-class service” and “first class work.” Chambers highlights the firm’s responsiveness, reliability, and trial capabilities as key drivers of its success. Clients note that the firm is “highly responsive,” “incredibly easy to work with,” and “always delivers outstanding results.”

C&G’s Commercial Litigation practice is once again ranked in Litigation: General Commercial: Highly Regarded. The practice is recognized for being “regularly sought after by individuals and corporates for representation in securities class actions and derivative matters, as well as various shareholder and product litigation.” Clients note that the team is comprised of “litigators that you don’t want to mess with” and is one that “you can rely on.”

C&G’s White Collar Defense & Regulation practice is ranked in Chambers USA for the ninth consecutive year. The practice maintains its position as one of the “Elite” firms in Litigation: White-Collar Crime & Government Investigations. Chambers highlights the practice’s “talented pool of litigators with a wealth of government experience” and its “international presence” as key reasons for its continued ranking. Commentary from the guide notes that the practice is “a substantial player in the New York white-collar world” that has “burst onto the scene with strong former prosecutors” and “good results for their clients.”

Ranked Departments:

  • Litigation: General Commercial: Highly Regarded
  • Litigation: White-Collar Crime & Government Investigations: The Elite
Ranked Lawyers:

District of Columbia

Antitrust: Litigation Specialists

New York

Litigation: General Commercial

Litigation: Securities Litigation: White-Collar Crime & Government Investigations  
Cohen & Gresser is pleased to announce that 37 of the firm's New York and Washington D.C.­based attorneys have been named to the 2021 Super Lawyers List across a wide range of practice areas. C&G co­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

Super Lawyers

Jonathan S Abernethy: Criminal Defense: White Collar

Kwaku Andoh: Mergers & Acquisitions

Elizabeth Bernhardt: Business Litigation

Thomas E Bezanson: Personal Injury – Products: Defense

Colin C Bridge: Criminal Defense: White Collar

Karen H Bromberg: Intellectual Property

Jason Brown: Criminal Defense: White Collar

Joanna K Chan: Securities Litigation

Mark S Cohen: Business Litigation

S Gale Dick: Business Litigation

Christian R Everdell: Criminal Defense: White Collar

Lawrence T Gresser: Business Litigation

Oliver S Haker: Business Litigation

Johannes Jonas: Mergers & Acquisitions

Nicholas J Kaiser: Real Estate

Jeffrey I. Lang: Business Litigation

Melissa H Maxman: Antitrust Litigation

Ellen Paltiel: General Litigation

Nathaniel P T Read: Business Litigation

Bonnie J Roe: Securities & Corporate Finance

Stephen M Sinaiko: Business Litigation

C Evan Stewart: Securities Litigation

Daniel H Tabak: Business Litigation

Scott D Thomson: Business Litigation

Alexandra Wald: Business Litigation

Ronald F Wick: Antitrust Litigation

Rising Stars

Luke Appling: Civil Litigation

Sharon L Barbour: Criminal Defense: White Collar

Drew S Dean: General Litigation

William Kalema: Business Litigation

Sri Kuehnlenz: Civil Litigation

Winnifred A Lewis: Securities Litigation

Marvin J Lowenthal: Criminal Defense: White Collar

Barbara K Luse: Criminal Defense: White Collar

Matthew V Povolny: Business Litigation

Benjamin Zhu: Criminal Defense: White Collar

International law firm Cohen & Gresser is pleased to announce that eight of its lawyers have been recognized in the 2022 edition of the Best Lawyers in America. Selection in the 28th edition of the guide is based entirely on peer-review surveys in which tens of thousands of leading lawyers evaluate their professional peers.

Five C&G attorneys have been recognized by their peers as a “Best Lawyer” in their practice areas:

  • Jonathan S. Abernethy – Criminal Defense: White-Collar
  • Thomas E. Bezanson – Commercial Litigation and Product Liability Litigation: Defense
  • Jason A. Brown – Criminal Defense: White-Collar
  • Mark S. Cohen – Criminal Defense: White-Collar
  • Evan Stewart – Litigation – Securities

Three C&G attorneys have been recognized as “Best Lawyers: Ones to Watch” in their practice areas:

  • Sharon L. Barbour – Criminal Defense: White-Collar
  • Winnifred A. Lewis – Commercial Litigation
  • Alexandra K. Theobald – Commercial Litigation

International law firm Cohen & Gresser has been once again recognized in The Legal 500 United States. The 2021 guide highlights C&G for its financial services strength – emphasizing the firm’s “understanding of complex financial products and the operations of the financial services sector” – and its “extensive experience in jury and bench trials at the federal and state level.”

Client commentary highlights C&G as “a cut above” and “very effective at knowing their audience, staying on message, and telling a persuasive and winning story.”

The Legal 500 has recognized C&G in both the Advice to Individuals category and Advice to Corporates category of the Corporate Investigations and White-Collar Criminal Defense section. The guide notes the practice’s deep bench that “includes former federal and state prosecutors, and former in-house attorneys, many of whom are active litigators, and have unique experience of federal enforcement bodies.”

C&G has also been recognized in the General Commercial Disputes category. The practice stands out for its capacity to handle “a diverse range of commercial disputes across numerous industries, including finance, software, technology and healthcare” and its ability to “handle complex, sophisticated matters in a cost-effective manner.”

For the ninth consecutive year, C&G has been recognized by The Legal 500 in the Securities Litigation: Defense category for its “work on the defense of broker-dealers, investment advisors, hedge funds, and private equity funds in securities litigation and FINRA arbitrations.”

In addition, Mark S Cohen is once again ranked as a “Leading Lawyer” for Securities Litigation: Defense. One client describes Mark as “one of the best trial lawyers I have seen” and goes on to recognize him for his professionalism, responsiveness, excellent judgment, and high-quality work.

Recognized Practices:

  • Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
  • Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
  • General Commercial Disputes
  • Securities Litigation: Defense
Recognized Individuals:

Corporate Investigations and White-Collar Criminal Defense General Commercial Disputes Securities Litigation: Defense

International law firm Cohen & Gresser has received high praise in Chambers USA 2021 for its “outstanding service” and dramatic international growth that “further strengthens its handling of cross-border proceedings.” Chambers commentary highlights C&G as one of the “biggest [law firm] innovators of the last forty years” and recognizes the firm’s “red-carpet treatment” for clients and “high-quality lawyers” who are “responsive, knowledgeable and service-oriented.”

Ranked Departments:

  • Litigation: General Commercial: Highly Regarded
  • White-Collar Crime & Government Investigations: The Elite

Ranked Lawyers:

Intellectual Property: Patent Litigation: General Commercial Litigation: Securities White-Collar Crime & Government Investigations

Cohen & Gresser is pleased to announce that 35 of the firm's New York and Washington D.C.­based attorneys have been named to the 2020 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Mark S Cohen, Jonathan S Abernethy, Jason Brown, C Evan Stewart, and Thomas E Bezanson were recognized in The Best Lawyers in America‘s 2021 New York listings. Mark, Jonathan, and Jason were recognized for white collar criminal defense; Evan for securities litigation; and Tom for commercial litigation and product liability litigation defense. Additionally, Sharon L Barbour, Winnifred A Lewis, and Nicole Dhir were recognized in the New York list of The Best Lawyers in America: Ones to Watch. Sharon was recognized for white collar criminal defense; Winnifred for commercial litigation; and Nicole for commercial litigation and securities litigation.

The Legal 500 has once again recognized Cohen & Gresser in its United States guide. The firm is recognized for its excellence in the following categories:
  • Corporate Investigations and White Collar Criminal Defense: Advice to Individuals
  • Corporate Investigations and White Collar Criminal Defense: Advice to Corporates
  • General Commercial Disputes
  • Securities Litigation: Defense
Mark S Cohen is ranked as a “Leading Lawyer” for Securities Litigation: Defense and is described as “an outstanding trial lawyer and strategist who has excellent judgment.” The Legal 500 also notes that “[t]he Cohen & Gresser team does extremely high quality work” and that C&G is “a go-to firm for managing complex disputes.”

Chambers has recognized Cohen & Gresser in its 2020 USA guide for its achievements in General Commercial Litigation and White Collar Crime & Government Investigations. Chambers commentary highlights the firm's "thoroughness, quality, responsiveness, client care and availability,” noting that "the level of service is stellar, the work product is uniformly superb,” and that C&G is "a great firm with high quality across the board."

Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; Mark S Cohen for Securities Litigation and White Collar Crime & Government Investigations; and Lawrence T Gresser for Commercial Litigation.

We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.
The Legal 500 has once again recognized Cohen & Gresser in its United States guide. The firm is recognized for its excellence in the following categories:
  • Corporate Investigations/White Collar
  • Corporate Investigations/White Collar – Advice to Individuals
  • General Commercial Disputes
  • Securities Litigation Defense
The Legal 500 notes that C&G has “impressive cross border capabilities and is often retained by clients in multijurisdictional disputes” and that our disputes team members are “true litigators, focused, and thoughtful - no stone is left unturned.”

Chambers has again recognized C&G for its excellence in General Commercial Litigation, Securities Litigation, and White Collar Crime & Government Investigations. Chambers notes C&G’s “strong commitment to client service” and “top-quality advice,” labeling the firm as “outstanding.”

Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; and Mark S Cohen for General Commercial Litigation, Securities Litigation, and White Collar Crime & Government Investigations.

We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

A Cohen & Gresser litigation team led by Mark S Cohen and Jonathan S Abernethy recently won a major victory in a high profile Foreign Corrupt Practices Act (FCPA) case on behalf of client, Vanja Baros, a former investment analyst with hedge fund Och-Ziff (one of the world’s largest publicly traded hedge funds). In July, a federal court in New York dismissed the SEC’s entire complaint against Baros and his co-defendant, and the SEC recently declined to appeal the court’s decision, which is therefore final.

Global Investigations Review (GIR) has nominated Cohen & Gresser for its Most Important Court Case of the Year award for C&G’s major victory in a high profile FCPA case on behalf of a former investment analyst with international hedge fund Och-Ziff. A federal court in New York dismissed the SEC’s entire complaint against our client and his co-defendant, and the SEC declined to appeal. Mark S Cohen and Jonathan S Abernethy led the C&G team, which also included S Gale Dick, Colin C Bridge, and Reggie B Schafer. 

The Legal 500 has once again recognized Cohen & Gresser in its United States guide. The firm is recognized for its achievements in the following categories:
  • Corporate Investigations/White Collar – Advice to Corporates
  • Corporate Investigations/White Collar – Advice to Individuals
  • General Commercial Disputes
  • Securities Litigation Defense
The Legal 500 notes that C&G has “an excellent group of sophisticated lawyers” and "has the ability to explain complex structures in plain English.” Nine C&G partners were individually recognized in the guide.

Chambers has recognized Cohen & Gresser in its 2018 USA guide. The firm is recognized for its excellence in General Commercial LitigationSecurities Litigation, and White-Collar Crime & Government Investigations.

Chambers notes that C&G is "a very high-quality firm" with "very smart, very capable people who are very dedicated to their clients," and that C&G attorneys "have great judgment and are excellent lawyers."

Chambers also recognized the following individuals:

Jonathan S Abernethy for White-Collar Crime & Government Investigations, Karen H Bromberg for Intellectual Property: Patent, and Mark S Cohen for Securities Litigation and for White-Collar Crime & Government Investigations.

Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
Chambers USA and The Legal 500's United States guides have recognized Cohen & Gresser and a number of the firm's lawyers for outstanding achievements during the past year in the categories of Commercial Litigation, Securities Litigation, Patents, and Corporate Investigations and White Collar Defense.
Twenty-two of our New York and Washington, D.C.-based attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partners Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to both its list of top 50 women lawyers and top 100 lawyers in the New York metropolitan area.
The Legal 500 has recognized Cohen & Gresser for its achievements in securities litigation and white collar criminal defense in its recently released 2016 U.S. guide. The guide notes C&G's "outstanding" white collar defense group and its "seasoned securities professionals who are smart, aggressive, and yet user-friendly."

We are pleased to announce that the firm and four of its partners are recognized in the 2016 Chambers USA legal directoryThis year's directory recognizes the firm in White Collar Crime & Government Investigations, Securities Litigation, and Patents. Read more

We are pleased to announce that twenty-two of our New York-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in New York receive this honor.
Cohen & Gresser is pleased to announce that the firm and five of its attorneys are recognized in the 2015 edition of Chambers USA, a national ranking guide that recognizes outstanding lawyers and law firms across the United States who are strongly recommended based on in-depth interviews with thousands of lawyers, clients, and industry leaders, with the most weight assigned to client feedback. The final rankings take into account a lawyer's legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment to the profession, among other qualities most valued by clients.

A recent ruling in favor of Cohen & Gresser client Peter Black marked the end of one of the longest SEC's trials in history.  AmLaw's Litigation Daily recognized this victory by naming Mark S Cohen as a "Litigator of the Week". 

On Friday, May 30, 2014, a Cohen & Gresser trial team led by Mark S Cohen and Jonathan S Abernethy won a major trial victory on behalf of its client, Wynnefield Capital Inc. analyst Peter Black, in an insider trading case brought by the SEC. 

Chambers USA ranked Cohen & Gresser's White Collar Defense group and listed its Securities Litigation group as a Recognized Practice. In its analysis, Chambers USA commented that the firm is "[n]oted for its litigation capabilities across the full spectrum of industry sectors" and has a "[r]espected white-collar crime and government investigations practice." 

Mark S. Cohen is ranked in the White-Collar Crime & Government Investigations category, has been described as being an "effective advocate and very effective at counseling a client through a very difficult investigative process."  Jonathan S Abernethy, also ranked in the White-Collar Crime & Government Investigations category, received praise for his "excellent knowledge of the law."

Cohen & Gresser is defending an individual accused of participating in an insider trading scam in a long-standing case brought by the SEC.  Law360 covered the beginning of the trial and Partner Mark S. Cohen’s opening statement.

Cohen & Gresser announces the election of new partners, Jonathan S. Abernethy, Robert J. Gavigan and Nathaniel P.T. Read and Christopher M.P. Jackson to counsel.

On September 15, 2022, the U.S. Department of Justice announced broad changes to its policies on corporate criminal enforcement that merit serious consideration by in-house and outside counsel who conduct corporate internal investigations.
  • The Revised Policies will place increased pressure on companies and could result in substantial shifts in how companies need to investigate potential employee misconduct.
  • Failure to disclose misconduct early in an investigation could result in companies facing the possibility of a guilty plea or indictment, rather than a deferred or non-prosecution agreement.
  • To receive full cooperation credit, companies will need to assess several new strategic considerations, including the timing of disclosing hot documents and whether to claw back compensation from employees who engaged in misconduct.
In this client alert, Jonathan S Abernethy, Christian R Everdell, and Luke Appling provide a summary of the DOJ’s recent changes to its policies on corporate criminal enforcement, as well as recent statements by Deputy Attorney General Lisa Monaco and Principal Associate Deputy Attorney General Marshall Miller and offer potential implications for corporate internal investigations moving forward.

The Department of Justice’s Antitrust Division is unlikely to be deterred by last week’s trial setbacks.
  • Juries acquitted two sets of defendants of antitrust claims involving labor markets.
  • The Antitrust Division will continue to pursue labor cases and has three more trials pending.
  • The Division is willing to accept some losses in trials as a cost of taking a more aggressive enforcement position.
In this client alert, the authors summarize the recent setbacks, discuss the Division’s labor initiative, and conclude that more aggressive enforcement is on its way.
Congress recently enacted the Corporate Transparency Act (“CTA”), requiring millions of domestic and foreign businesses to disclose information about their beneficial owners to the federal government. In this C&G client alert, Jonathan Abernethy summarizes the major provisions of the CTA, considers the implications of the law on domestic and foreign entities, and provides analysis on some areas that may be shaped by the forthcoming implementing regulations.

Jonathan S Abernethy and Christian R Everdell discuss the Supreme Court’s unanimous reversal of the high-profile “Bridgegate” public corruption convictions, as well as consider the significant implications the ruling carries for future public corruption cases.

This C&G Client Alert examines the proposed Insider Trading Prohibition Act recently unanimously approved by the Financial Services Committee of the U.S. House of Representatives. If the bill becomes law, it would simplify an inherently complex legal area, but might also lead to regulators and prosecutors bringing more insider trading cases.

Jonathan S Abernethy, S Gale Dick, and Christian R Everdell authored an article examining the Department of Justice's (DOJ) new policy discouraging DOJ attorneys from "piling on" multiple penalties against companies for the same misconduct.

This article first appeared on the website of the Criminal Law Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

In July 2017, a United States appeals court threw out the convictions of two men charged with Libor manipulation, because key evidence was derived from testimony that had been compelled in the United Kingdom, in violation of their rights under the US Constitution, with potentially broad implications for furture cross-border investigations. The Court of Appeals for the Second Circuit in New York ruled in US v Allen that the Fifth Amendment priviledge against self-incrimination extends to testimony compelled by other soverign governments. This article exmines the Allen ruling and its likely implications.

Partners Jonathan S. Abernethy and Mark Spatz, and counsel Sharon L. Barbour and Joanna K. Chan, were joined by Catherine Quinlan of IBM in this virtual Ethics CLE presentation hosted in partnership with the Association of Corporate Counsel, Westchester and Southern Connecticut Chapter. The panel offered practical advice for helping in-house counsel navigate potential legal ethics land mines in a variety of contexts.
This webinar features Partner Jonathan S Abernethy, Senior Managing Directors at Guidepost Solutions LLC, Bradley Dizik and Christopher Kim, Partner at Shin & Kim, Tak-Kyun Hong, and the Associate Director at European Bank for Reconstruction, Chiawen Kiew and provides an insightful, complimentary session on the APAC and EMEA regulatory landscape in the age of COVID-19. Topics include:

  • Recent trends in multi-jurisdictional criminal and regulatory investigations and prosecutions;
  • The practical issues companies face during multi-jurisdictional investigations;
  • What Asian or Korean companies can learn from recent investigations and debarment cases;
  • Recent World Bank cases and their impact on Korean companies;
  • Multilateral development bank (MDB) investigative trends.
The webinar features Partner Jonathan S Abernethy and Senior Managing Directors at Guidepost Solutions LLC, Bradley Dizik and Christopher Kim for a special webcast discussing the cross-border corruption risks and compliance strategies to help mitigate them amidst this new COVID19 era. Topics include:

  • Supply Chain Disruptions and Third Party Risks
  • Increase in Government "Touch Points"
  • Multilateral Development Banks and UN Investigations
  • Strategies to Avoid Risk as M&A Activity Increases
  • Multi-National Companies: Implications for Compliance Professionals
Jonathan S Abernethy spoke on a panel about defending individuals in corporate internal investigations and related prosecutions at this year’s IBA Annual Conference in Seoul.
Mark S Cohen and Muriel Goldberg-Darmon served as guest lecturers at the Université Paris I – Panthéon Sorbonne for the 2017 fall semester. They taught a course titled “U.S. White Collar Criminal Law” to students in the Master 2 (JD equivalent) program. The course covered the fundamental principles of U.S. criminal law and a review of the key participants in white collar criminal practice. The course also covered substantive white collar issues, such as FCPA, banking, and finance-related issues. Jonathan S Abernethy and Christian R Everdell served as visiting lecturers. Reggie B Schafer served as the course’s teaching assistant.
The webinar features Partner Jonathan S Abernethy and Global Head of Investigations for AIG, Andrew Curtin, for a special webcast focusing on managing legal and cultural risks in cross-border investigations. It covers:
  • Handling multi-jurisdictional approaches to privileged communications in the aftermath of the recent UK decision in Eurasian Natural Resources Corporation Ltd. and The RBS Rights Issue Litigation.
  • Identifying potential cultural challenges and local laws that may impede an effective investigation and prevent a one-size-fits-all approach to designing internal processes and procedures within multinational organizations.
  • Implementing best practices when preparing for and coordinating effective internal investigations across international lines.
Jon participated in a panel at the IBA’s 20th Annual Transnational Crime Conference in Lisbon, Portugal.  The panel, entitled “The Right to Silence When Everyone Else Is Talking,” examined the right against self-incrimination from the perspective of several countries in a world of increased cross-border information sharing between investigators, regulators, and prosecuting authorities.
Experiential legal learning platform AltaClaro has partnered with international law firm Cohen & Gresser, LLP to host a live online panel to discuss current trends in anti-money laundering enforcement. The panel is complimentary for in-house counsel, white-collar and regulatory attorneys, and compliance professionals.
This course will examine the legal principles surrounding extraterritorial application of U.S. criminal law and its limitations.  It will also cover methods U.S. prosecutors use to gather evidence overseas, as well as general principles of law concerning extradition of foreign nationals.
Jon participated in this panel at Deloitte’s 10th Annual U.S. Anti-Money Laundering (AML) Conference at Fordham Law School in New York.