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. She has been recognized by the Best Lawyers in America: Ones to Watch for commercial litigation. 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…
University of Pennsylvania Law School (J.D., 2015); Georgetown University (B.S.F.S, cum laude, 2012)
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
Member of the International Association of Privacy Professionals
Former Board Member, NYC Chapter of the Licensing Executives Society
Member, Information Technology and Cyber Law Committee of the NYC Bar Association
Member, IP Commitee, ABA Antitrust Section
Member, Apollo Circle at the Metropolitan Museum of Art
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 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
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
Alexandra Theobald wrote an article called “Can assets withdrawn from a digital exchange be clawed back in bankruptcy?," that was featured on Blockchain Law Alliance.
The Department of Justice (DOJ) has recently signaled a renewed focus on enforcement, and its priorities are being driven by world events.
- In the past few months, the DOJ has announced new task forces and more resources to combat fraud in connection with COVID-19 relief, criminal activity related to cryptocurrency, and sanctions violations by Russian entities and individuals linked to the Putin regime.
- These initiatives signal an uptick in criminal enforcement in the coming months, especially in the areas involving fraud, digital assets, sanctions, and money laundering.
This C&G client alert summarizes some of the recently announced initiatives, which shed light on the likely future enforcement priorities.
On March 9, 2022, President Biden issued an executive order on the “responsible development of digital assets.” He directed a “whole government” review of cryptocurrency assets, including directing the Secretary of the Treasury to convene the Financial Stability Oversight Council (“FSOC”).
- In conjunction with other agencies, the FSOC will study the risks and impact of digital assets and explore the possibility of creating a Central Bank Digital Currency in the United States.
- The order directs the executive agencies to explore creating a digital version of the U.S. dollar that could be used to facilitate digital transactions while still being controlled by the U.S. Department of the Treasury.
- President Biden expressed concern about the impact of cryptocurrencies on the integrity of the financial system.
In this C&G client alert, Douglas J Pepe
and Alexandra K Theobald
review the details of President Biden’s executive order on the “responsible development of digital assets” and offer insight into what we can expect from the government in terms of future guidance and enforcement efforts.
Alexandra Theobald will be a speaker on the “Nuts & Bolts of SEPs and Antitrust” panel at next week’s ABA Antitrust Section IP Committee meeting
. The panelists will discuss major cases at the intersection of standard essential patents (SEPs) and antitrust and describe how the U.S. agencies have approached SEP issues. Register here
(CLE credit will not be offered.)