Alexandra Theobald is an associate in Cohen & Gresser’s New York office. Her practice focuses on commercial litigation and white collar defense. She has experience representing clients in a broad range of matters involving securities law, antitrust, intellectual property, privacy, and cybersecurity issues. Alexandra is a Certified Information Privacy Professional (CIPP) in the United States. Prior to joining the firm, Alexandra was an associate at Cleary Gottlieb Steen & Hamilton LLP.

Alexandra is a graduate of the University of Pennsylvania Law School. She is also a cum laude graduate of Georgetown University, where she received her B.S.F.S in International Economics.

Alexandra is fluent in German and proficient in Italian and French.

Alexandra Theobald is an associate in Cohen & Gresser’s New York office. Her practice focuses on commercial litigation and white collar defense. She has…

Education

University of Pennsylvania Law School (J.D., 2015); Georgetown University (B.S.F.S, cum laude, 2012)

Bar Admissions

New York State; U.S. District Court for the Southern District of New York; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Federal Circuit

Activities and Affiliations

Board Member, NYC Chapter of the Licensing Executives Society

Member, Information Technology and Cyber Law Committee of the NYC Bar Association

Member, Apollo Circle, Metropolitan Museum of Art

C&G successfully obtained the First Department’s affirmance of an order dismissing all claims against our client Fidelity Brokerage Services in a dispute stemming from the acts of convicted fraudster Andrew Caspersen, who allegedly deposited the proceeds of a fraudulent scheme into his trading accounts at Fidelity.

Andrew Caspersen was a prominent and wealthy investment banker who used his position at a reputable private equity firm to lure friends and family to invest in shell entities that he created purportedly to make investments in profitable, risk-free opportunities. In reality, Caspersen funneled the stolen funds from the shell entities to a personal trading account that he held at Fidelity. The brokerage firm ultimately terminated Caspersen’s account several months before Caspersen was arrested and charged with securities and wire fraud. After Caspersen’s guilty plea, his defrauded friends and family brought this suit, claiming that Caspersen’s deposits of their money from the shell entities to his personal trading account constituted fraudulent conveyances under New York’s Debtor and Creditor Law and that Fidelity was therefore liable for the funds that Caspersen stole.

The First Department held that Fidelity did not have dominion and control over the assets in Caspersen’s account so there were no conveyances subject to recovery under fraudulent conveyance law.  In addition, it held that Caspersen’s lack of good faith in deceiving his victims did not constitute a lack of good faith for purposes of fraudulent conveyance law. The First Department’s decision reaffirmed important principles of fraudulent conveyance law that protect financial institutions and, in turn, their innocent customers from the costs of unrelated frauds.

The C&G team consisted of Daniel H Tabak, David F Lisner, Nicole Dhir, Alexandra K Theobald, and Jeffrey Sherman.

Cohen & Gresser represented Imagine Software, a leading global portfolio risk management technology company, in its sale to Francisco Partners, a global investment firm that specializes in partnering with technology and technology-enabled businesses. Francisco Partners has announced that it will combine Imagine Software with the recently acquired TradingScreen to form TS Imagine – a new dynamic end-to-end trading and portfolio management software platform that will be one of the most robust SaaS cloud-based software platforms in capital markets and investment management.

The combined company will offer integrated and complete front office solutions, complementary product capabilities, best-in-class technology, global geographic coverage, and deep expertise to investment firms and financial institutions around the world.

The C&G team representing Imagine Software in its sale to Francisco Partners included Lawrence T Gresser, Kwaku Andoh, Karen H Bromberg, Bonnie J Roe, Nicholas J Kaiser, Ronald F Wick, Alexandra K Theobald, and Drew S Dean.

Learn more about the deal in Francisco Partners’ press release.