Cohen & Gresser’s Daniel H Tabak was recently profiled in Financier Worldwide as part of their “Power Players: 2022 Complex Disputes – Distinguished Advisors” special report. As one of ten “Distinguished Advisors” featured in the report, Dan looks back at some of his significant career achievements, shares what motivates him as a lawyer, and highlights several dispute trends that he anticipates seeing more of in 2023.

Financier Worldwide is a leading information source covering corporate finance and board-level business issues. As a leading publisher of news and analysis on this dynamic global market, the organisation is recognised as a valued source of intelligence to the corporate, investment, and advisory community.

Cohen & Gresser lawyers Mark S. Cohen, John Roberti, and Daniel Tabak have been selected as “Benchmark Litigation Stars” in the 2023 edition of Benchmark Litigation. The guide’s “Stars” are identified through Benchmark Litigation’s independent research process as among the preeminent litigation practitioners in the US.

Benchmark Litigation provides law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients, as well as analysis of the market’s most important cases and firm developments.

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.”

Reuters covered the recent summary judgment by the New York Supreme Court to dismiss allegations brought against Goldman Sachs & Co. LLC and two other Wall Street banks in a case alleging a boycott in violation of the Donnelly Act, New York’s antitrust statute.

Cohen & Gresser is pleased to announce that 38 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
Damir Cefo: Intellectual Property Litigation
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
Sophia Soejung Kim: Criminal Defense: White Collar
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

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 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.

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.”

A C&G team consisting of Daniel H Tabak, David F Lisner, and Lauren J Salamon achieved a complete dismissal of all claims against our client Fidelity Brokerages Services in a dispute stemming from the acts of convicted fraudster Andrew Caspersen, who allegedly deposited the proceeds of his fraudulent scheme into his trading accounts at Fidelity.

For the eighth consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation. In addition to the firm’s ranking, firm co-founder Mark S Cohen and partner Daniel H Tabak were individually recognized as Litigation Stars in the publication’s 2020 guide.

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.”

For the seventh consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation. In addition to the firm’s ranking, Mark S Cohen, Lawrence T Gresser, and Daniel H Tabak were all individually recognized in the publication’s 2019 guide.

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.

Daniel H Tabak is quoted in The Wall Street Journal regarding client, Hulk Hogan, and the sale of Gawker.com to Bustle owner Bryan Goldberg.  Dan led Hogan's legal team in the Gawker bankruptcy, which resulted in a settlement entitling Hogan to $31 million plus 45% of the proceeds of the Gawker.com sale.  The gossip news site filed for bankruptcy in June 2016  after a Florida jury awarded Hogan $140 million in his invasion of privacy suit. Photo: Hulk Hogan and Daniel H Tabak

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.

For the sixth consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation. In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, and Daniel H Tabak were all individually recognized in the publication’s 2018 guide. 

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.

Defunct gossip website Gawker will soon start paying $20 million it owes to shareholders — including founder Nick Denton — court proceedings revealed Wednesday. This action follows a jury's decision last March to award Hulk Hogan $140 million in his invasion of privacy suit against Gawker. C&G's Daniel H Tabak was counsel for Mr. Hogan during these proceedings. 

• "Gawker to Start Paying $20M Owed to Shareholders, Founder Nick Denton," New York Daily News.
• "Gawker Founder Nick Denton to Leave Bankruptcy," The Wall Street Journal.

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.

Daniel H Tabak is leading the team representing Hulk Hogan in the bankruptcy case against Gawker and Nick Denton. The following news outlets provided coverage:

• "Gawker Founder Denied Lease Deal After Hogan Objects," Law360.
• "Nick Denton Hoping Hollywood Will Come to His Rescue," NY Post.

Gawker Media chief Nick Denton will likely be forced to file for personal bankruptcy after a New York judge on denied the company’s request to temporarily shield him from Hulk Hogan’s $140 million sex tape judgment.  Dan Tabak is leading the team representing Hogan in the bankruptcy.

Yesterday, the U.S. Supreme Court declined to establish a narrow interpretation of “actual fraud” in determining whether debts can be discharged through bankruptcy, overturning the Fifth Circuit and endorsing a broader view of a provision that bars parties from shedding debts obtained under false pretenses. In this article, Dan Tabak along with other top attorneys from across the city tell Law360 why the Husky International Electronics Inc. v. Ritz decision is significant.

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.

The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2015 guide.  The guide notes Cohen & Gresser’s “extraordinary team of attorneys, who present cases in the best and most efficient manner practicable.”  Partners Mark S. Cohen, Lawrence T Gresser, S Gale Dick, C Evan Stewart, and Daniel H Tabak were also noted as “impressive” attorneys in this field.  The Legal 500 offers nationwide rankings by reviewing the strengths and strategies of law firms across the country.  Founded in 1987, Legalease, publisher of the Legal 500 directories, is a leader in the provision of legal market information, offering authoritative and in-depth analysis and commentary across a broad portfolio of publications, spanning directories, magazines, journals, textbooks, and online. The Legal 500 U.S. 2015 Guide offers nationwide rankings by reviewing the strengths and strategies of law firms across the country. 

The U.S. Supreme Court recently ruled that corporations and individuals do not have an absolute right to immediately appeal the rejection of a bankruptcy plan. C&G Partner, Daniel H Tabak, speaks to Law360 about why the decision is significant.

- Mark S Cohen, Partner:  White Collar Advisory Board - Robert J Gavigan, Partner: Mergers & Acquisitions Advisory Board - Bonnie J Roe, Partner:  Private Equity Advisory Board - Daniel H Tabak, Partner: Legal Ethics Advisory Board - Christopher M P Jackson, Counsel: Life Sciences Advisory Board

The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2014 guide. Legal 500 noted that the firm is "young and nimble," naming Mark S Cohen as the leader of a team of "experienced lawyers who work at a more palatable price than competing firms."  Lawrence T Gresser and Daniel H Tabak are also recommended in light of their successful dismissal of a short swing profits case for Goldman Sachs, and C Evan Stewart was highlighted in the report as an "incredible trial lawyer with big case experience."

Law360's coverage of the recent Second Circuit ruling which affirmed Wednesday that Goldman Sachs Group Inc. won't have to disgorge nearly $2 million in short-swing trade profits of Leap Wireless International Inc. derivatives, finding Goldman wasn't a statutory Leap insider when it purchased the options in question.

The corporate bankruptcy & insolvency litigation landscape has drastically changed as a result of COVID-19. With government relief packages winding down, the financial impact of the pandemic will increasingly be playing out in bankruptcy and insolvency proceedings. As this picture becomes clear, businesses should understand the key questions and answers necessary to prepare for resulting disputes.

• What are the common issues arising in the corporate bankruptcy and insolvency process in today’s market, and how will those issues complicate bankruptcy litigation?
• How have recent court rulings impacted the corporate bankruptcy litigation space, and how are these issues likely to affect parties going forward?
• What are the most significant factors in reaching as positive an outcome as possible for all parties involved in a bankruptcy dispute?

In this roundtable feature published by Financier Worldwide, Daniel H Tabak joins other bankruptcy and litigation experts from the United States and United Kingdom to answer these questions and more. The panelists discuss recent trends and examine what’s next for businesses that may find themselves navigating bankruptcy and insolvency disputes and what they need to know going forward.

Daniel H Tabak and Drew S Dean discuss the opinion of Magistrate Judge Gorenstein of the Southern District of New York in Revive Investing LLC v. FBC Holdings S.A.R.L. After finding that a prior settlement agreement between the defendant and different plaintiffs was valid and contained a release that precluded the claim at issue, Judge Gorenstein recommended the grant of summary judgment to the defendant in a Section 16(b) “short-swing profit” action. Dan and Drew go on to explore the future implications of Judge Gorenstein’s opinion and explain what this will mean for Section 16(b) litigants going forward.

Daniel H Tabak and Lauren J Salamon discuss the first case addressing force majeure in the context of government-ordered closures to halt the spread of COVID-19.

Daniel H Tabak and Drew S Dean discuss the Second Circuit's dismissal of the Section 16 "short-swing profit" claims against the client of an investment advisory firm that was itself subject to Section 16(b) liability in Rubenstein v. Int’l Value Advisers, LLC. They go on to examine the question of whether a family of hedge funds with a combined holding of over 10% of an issuer may similarly avoid short-swing trading liability under Section 16 even if the funds are all managed by the same advisor.

Over the past few years, forum selection bylaws have become an established part of corporate governance. This trend has gained momentum during the past few months as such provisions have gained both judicial and legislative support. On the judicial side, most courts have enforced such bylaws. And, on the legislative side, recent amendments to Delaware law now provide statutory support for some uses of forum selection bylaws. This update provides more detail on these key developments and explores how companies should think about forum selection bylaws going forward.

Two hot topics in client conflicts have been client affiliate conflicts and advance conflict waivers.   A recent decision in the Western District of Pennsylvania addressed the intersection of these two topics using a novel approach, construing a law firm’s advance waiver provision as an agreement that created client conflicts that would not otherwise exist.  This article discusses the decision and provides suggestions on how law firms can insulate themselves from suffering  similar unintended results.

Published by Bloomberg BNA, the treatise covers all aspects of the FINRA arbitration process, including prehearing matters, motion practice, hearings, and awards, and also provides a detailed guide to FINRA investigations and enforcement actions.

The Delaware Court of Chancery has again affirmed the validity of exclusive forum bylaws.  This time the bylaw selected North Carolina, and not Delaware, as the forum.  By honoring a choice of forum outside of Delaware, the case helps pave the way for a wider acceptance of exclusive forum bylaws.  The case also suggests that an exclusive forum bylaw may be adopted on the eve of a merger, thus increasing the usefulness of these bylaws as a defense against multijurisdictional litigation in connection with a change of control transaction. Read more

Conflicts of interest is an ethical area that poses many challenges for practicing lawyers. These challenges are particularly acute for lawyers who practice in transnational and international law firms. The authors address one of the most prickly of them in the foregoing article.

Parties often opt for arbitration to obtain confidentiality that is unavailable in court proceedings. This alert addresses two recent decisions that address the confidentiality of proceedings before the Delaware Court of Chancery.  In these cases even the Delaware legislature, the agreement of the parties, and genuine confidentiality concerns could not trump the presumption of open public proceedings.

As we have previously noted, exclusive forum bylaws potentially offer protection from the risks of multi-jurisdictional litigation.  Recent developments include the withdrawal of an appeal from a Delaware Court of Chancery decision that found such bylaws facially valid and additional feedback from proxy advisory firms.  This alert provides an overview of questions that remain unresolved and provides guidance to companies and stockholders considering exclusive forum bylaws.

Delving into how exclusive forum charter and bylaw provisions limit certain types of shareholder litigation to the corporation’s jurisdiction of incorporation, this article outlines the potential to reduce or eliminate the cost and strategic difficulties of multijurisdictional challenges to corporate action.

Partner Dan H Tabak served as a panelist in a webinar for the IPO IP Chat Channel discussing the status of conflict waivers under legal and ethical rules, the various types of advance waivers, and how courts have evaluated the text of the waiver and the surrounding facts in a number of decisions. The panelists will also offer tips for how to negotiate and draft advance waivers that can best serve the needs of both clients and law firms.

The faculty presenting this program will cover all aspects of the Financial Industry Regulatory Authority (FINRA) arbitration process, including prehearing matters, motion practice, hearings, and awards, and will also provide a detailed guide to FINRA investigations and enforcement actions. Leveraging outcomes from recent cases and investigations, the aim of this presentation is to arm participants with the tools and knowledge needed to effectively litigate for their clients who may find themselves as parties in these types of proceedings. To register, please click here

Each year, the New York State Bar Association (NYSBA) hosts its Ethics for Corporate Counsel program which covers ethical issues facing attorneys and other business entities. This year, C&G partner Daniel H Tabak will sit on the Current Issues & Best Practices panel.

Bankruptcy Basics provided an introduction to fundamental bankruptcy concepts. The presentation outlined the basic bankruptcy process, the different chapters of bankruptcy, how claims are filed, adjudicated, and paid, and how court proceedings function.