John Roberti

Partner, Washington, D.C.

John Roberti

Partner, Washington, D.C.

John Roberti is a partner in Cohen & Gresser’s Washington, D.C. office and a member of the firm’s Litigation and Antitrust & Competition groups.

John has over 25 years of experience advising clients on a variety of complex antitrust issues, including high-profile litigation and investigations, and is an alumnus of the Federal Trade Commission. He is a leading cartel class action lawyer and represents both plaintiffs and defendants in all manners of antitrust claims. He also regularly represents clients before the Federal Trade Commission and the U.S. Department of Justice, as well as advising corporate clients on building and evaluating antitrust compliance programs.

John is regularly recognized as a leading antitrust lawyer in Chambers USA, The Legal 500, Who’s Who Legal Competition, Super Lawyers, and by Benchmark Litigation as a Litigation Star. He has also been recognized by Lawdragon in the publication’s 2023 and 2024 lists of 500 Leading Litigators in America. The Legal 500 describes John as a “class action heavyweight” and notes that he “provides extremely practical hands-on competition law advice. Rare in the industry!” Client and peer commentary describes John as a “sharp guy with an impressive track record in the area” and notes that he’s “always finding the perfect balance between pragmatic solutions while sticking to ethics and high-value standards.” John “not only understands the technical complexities of the field, but his experience allows him to apply practical skills in forecasting, at the inception of the case, the probable outcome and developing a game plan to achieve or better it.” It has been further noted that “his work is very creative, he’s a good thinker and he’s good with clients” and that he “provides practical, to-the-point, business-savvy advice. He knows what he’s talking about, takes risk appetite into account and is simply a great person to work with.”

John is the Technology Officer for the American Bar Association Antitrust Law Section. Prior to being named Technology Officer, he founded and hosted the Antitrust Section’s Podcast, Our Curious Amalgam. John also is a Fellow of the American Bar Foundation and serves on non-profit boards supporting people with special needs, including CHAT (formerly Center for Speech and Language Disorders), where he serves as the Board Chair, and Inclusive Movement and Dance, Inc.

John Roberti is a partner in Cohen & Gresser’s Washington, D.C. office and a member of the firm’s Litigation and Antitrust & Competition groups.…

Education

New York University School of Law (J.D. 1994); Brown University (B.A. 1991)

Bar Admissions

District of Columbia; New York State

Activities and Affiliations

Technology Officer, American Bar Association (Antitrust Law Section Leader)

Fellow, American Bar Foundation

Board Chair, CHAT (formerly Center for Speech and Language Disorders)

Founder and Secretary, Inclusive Movement and Dance, Inc.

 

Litigation

Represent a group of consumers in mass arbitration related to application of an MFN by a dominant online platform.

Represent a pharmaceuticals company in regard to an alleged pay for delay scheme in In Re Namenda MDL.

Represent an electronics manufacturer with regard to a multi- jurisdictional litigation in In Re Lithium Ion Batteries MDL.

Represent an electronics manufacturer regarding multi- jurisdictional litigation in In Re Cathode Ray Tubes MDL.

Represent a seafood company concerning multi-jurisdictional litigation in In Re Packaged Seafood MDL.

Represent the world’s largest auto parts manufacturer in multi- jurisdictional litigation in In Re Auto Parts MDL.

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Government Investigations

Represent an innovative technology company as a complainant and witness concerning anticompetitive conduct by a competitor.

Represent an association of health care providers concerning anticompetitive conduct by payers.

Represent an entertainment company concerning an investigation by the Federal Trade Commission.

Represent a global chemical company concerning their criminal and civil antitrust government investigations in the United States.

Represent an individual concerning a criminal antitrust investigation involving alleged bid rigging in the energy sector.

Compliance and Advice

Represent a privately held retail and energy company regarding the acquisition of a competitor.

Advised a direct marketing company on compliance with consumer protection and fair competition laws.

Represent a large private company with regard to its acquisition of a distributor.

Advised a retail company with regard to compliance and information sharing associated with a joint venture involving a competitor.

Represent a major manufacturing company to design and build and global compliance program for competition, with a particular focus on both cartel and unilateral conduct.

Provide advice to a major US-based technology company regarding the use of data to predict compliance risks and needs.

Cohen & Gresser partner John Roberti has been recognized as a Thought Leader in the Competition section of the Who’s Who Legal (WWL) guide, and partner Thomas Shortland has been recognized as a Future Leader in the guide’s Commercial Litigation section.

The Competition report “brings together the insight, expertise, and wisdom of some of the world’s foremost competition lawyers and economists in a single report.” John joins a distinguished group of lawyers and other professionals who, according to WWL, “are worthy of special mention owing not only to their vast expertise and experience advising on some of the world’s most significant and cutting-edge legal matters, but also their ability to innovate, inspire, and go above and beyond to deliver for their clients.”

The Commercial Litigation report provides an in-depth analysis of the foremost litigators around the world who are singled out for their outstanding ability within this contentious context.” Tom is included among “standout practitioners in the litigation field” that WWL identified as future leaders in the market.

Who’s Who Legal is an organization that identifies the leading legal practitioners and consulting experts in business law based on comprehensive, independent research. The individuals featured in the guide obtained the largest number of nominations from peers, corporate counsel, and other market sources.

Cohen & Gresser lawyers Mark S. CohenJohn Roberti, and Daniel Tabak have been selected as “Litigation Stars” in the 2024 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 United States. The guide conducts extensive interviews with litigators, dispute resolution specialists and their clients, as well as analysis of the market’s most important cases and firm developments, in selecting its “Stars.” Lawyers included on the list are highly regarded by their peers and possess a strong case record and positive client feedback.

Since its inception in 2008, Benchmark Litigation has been the only publication on the market to focus exclusively on litigation in the United States.

Cohen & Gresser is pleased to announce that Mark S. Cohen, Melissa H. Maxman, John Roberti, and Ronald F. Wick are included in the 2024 Lawdragon 500 Leading Litigators in America guide. Selection for the guide is based on extensive independent research focused on which lawyers and law practices have had a significant impact, with an emphasis on recent matters handled.

Recognized Lawyers

Mark S. Cohen – Commercial Litigation, including Real Estate, Antitrust, and White Collar

Melissa H. Maxman – Litigation, including White Collar and Antirust

John Roberti – Antitrust & Competition Law, including Litigation

Ronald F. Wick – Antitrust & Competition Litigation

Lawdragon is a legal media company providing news content and editorial features, including guides to the nation’s leading lawyers. This is Lawdragon’s second edition of the guide, assessing America’s top talent among those principally representing corporations and other organizations litigating claims involving antitrust, financial and securities litigation, intellectual property, commercial, M&A, cybersecurity and data privacy, and white collar and investigations.

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.
John Roberti spoke to Global Competition Review about Aviv Nevo’s appointment as head of the Federal Trade Commission’s economics department and why he thinks Nevo’s appointment will help the agency build, bring, and try new cases.

International law firm Cohen & Gresser is pleased to announce that Mark S. Cohen, Melissa H. Maxman, John Roberti, and Ronald F. Wick have been recognized in Lawdragon’s inaugural 500 Leading Litigators in America 2023 guide. Selection for the guide is based on independent research focused on recent cases and verdicts or settlements, as well as attorney excellence in trials.

Recognized Lawyers

Mark S. Cohen – Commercial Litigation, including Real Estate, Antitrust, and White Collar

Melissa H. Maxman – Litigation, including White Collar and Antirust

John Roberti – Antitrust & Competition Law, including Litigation

Ronald F. Wick – Antitrust & Competition Litigation

Lawdragon is a legal media company providing news content and editorial features, including guides to the nation’s leading lawyers. This is Lawdragon’s first guide dedicated to attorneys principally representing corporations and other organizations in litigating claims involving Antitrust, Securities, Financial, M&A, Intellectual Property and Patents, Product Liability, Mass Tort, White Collar, Government Investigations, and Energy disputes.

International law firm Cohen & Gresser is pleased to announce that three Washington D.C.-based lawyers, Melissa Maxman, John Roberti, and Ron Wick, have been named to leadership positions for the American Bar Association’s Antitrust Law Section for 2022-2023. The American Bar Association’s Antitrust Section is the world's leading community of competition, consumer protection, and data privacy professionals.

Melissa Maxman serves as the Co-Chair of the Exemptions and Immunities Committee, which addresses judicially created immunities and serves as a resource for information on the scope of antitrust laws. She also serves as a Vice Chair for the Podcast Programming Committee, where she serves as a frequent host of the ABA’s Antitrust Law Section’s podcast, Our Curious Amalgam.

John Roberti is serving as the Technology Officer for the ABA’s Antitrust Law Section. As one of 15 Section officers, John serves on the Antitrust Section’s cabinet and is responsible for integrating technology solutions into the mission of the Section.

Ron Wick is Vice Chair of the Antitrust-Consumer Protection Law Daily Digest Committee, which publishes a daily compendium of antitrust and consumer protection news from around the world to keep the Section's membership apprised of development and analysis in their field.

About Cohen & Gresser: Cohen & Gresser is an international law firm with offices in New York, Paris, Washington, DC, and London. We have an outstanding record of success in high-stakes and high-profile litigation, investigations, and transactional work for our clients, including major financial institutions and companies across the world. Our attorneys have superb credentials, and are committed to providing the efficiency and personal service of a boutique law firm along with the quality and attention to detail that are the hallmarks of the best firms in the world. The firm has been recognized in a wide range of publications, including Chambers and The Legal 500.

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.

Antitrust & Competition lawyer John Roberti has been recommended as a Global Leader and Thought Leader in the Competition section of the Who’s Who Legal (WWL) 2022 Global Guide. The WWL guide “brings together the insight, expertise and wisdom of some of the world’s foremost competition lawyers and economists in a single report.”

Roberti joins a distinguished group of lawyers and other professionals who, according to WWL, “are worthy of special mention owing not only to their vast expertise and experience advising on some of the world’s most significant and cutting-edge legal matters, but also their ability to innovate, inspire, and go above and beyond to deliver for their clients.” Cohen & Gresser is one of only a handful of midsize law firms in the U.S. to be recognized in the Competition category.

Who’s Who Legal is an organization that identifies the foremost legal practitioners and consulting experts in business law based on comprehensive, independent research. The individuals featured in the guide obtained the largest number of nominations from peers, corporate counsel, and other market sources.

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  
International law firm Cohen & Gresser today announced that prominent antitrust litigator John Roberti has joined the firm’s Antitrust practice as a partner in its Washington, D.C. office. John’s arrival is part of the firm’s strategic expansion of its Antitrust & Competition capabilities and will strengthen its ability to provide strategic counsel in all aspects of antitrust litigation and investigations. He will work alongside distinguished antitrust litigators Melissa H Maxman and Ronald F Wick in Washington, D.C., to form a dynamic team of leading antitrust lawyers who are deeply entrenched in many of the most consequential antitrust matters ongoing in the U.S.
Last month, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the Agencies) released the 2023 Merger Guidelines. The Guidelines are the latest iteration of a guidance document published by the Agencies since 1968, which has been revised numerous times over the years.

In this C&G Client Alert, Ronald Wick, John Roberti, and Derek Jackson write that the newest Guidelines articulate a more comprehensive and aggressive approach to merger enforcement than contemplated in recent iterations, and explore the most significant changes.

On June 27, the Federal Trade Commission announced that it is proposing changes to its premerger filing requirements under the Hart-Scott-Rodino Act. The proposed changes, which would increase the volume of information required from parties submitting an initial HSR filing, have generated a range of reactions regarding their likely impact. In this client alert, Ronald F. Wick, Melissa Maxman, John Roberti, and Alisa Lu examine the FTC’s proposal and its potential effect on the premerger review process.
Twice in the past month, the Federal Trade Commission (FTC) unanimously announced consent decrees that are a strong signal of the current Commission’s intent to investigate private equity transactions aggressively.

  • The consent decrees allow the private equity fund JAB Consumer Partners SCA SICAR's National Veterinary Associates to close two recent deals with some divestitures but also impose a series of strict prior notice requirements that are unprecedented in their breadth.
  • The announcements come a month after the confirmation of a fifth commissioner that gave the Democrats a 3-2 majority on the FTC.
  • As long as Democrats control the majority, private equity firms should be prepared for additional scrutiny and be cognizant of other competition issues that may impact them.
In this client alert, John Roberti, Melissa Maxman, Ronald Wick, David Lisner, and Derek Jackson discuss the potential implications of these rulings for private equity firms and offer insight into how PE firms can be more cognizant of competition and antitrust compliance issues that may pose a potential risk 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.
Partners John Roberti and Alexandra Wald were joined by Hoyt K. Webb of Legrand North & Central America, Karine Faden Fiore of CHAT, and Alexander Wood of PepsiCo Inc. in this virtual DEI CLE presentation hosted in partnership with the Association of Corporate Counsel, Westchester and Southern Connecticut Chapter. The panel addressed compliance and accommodation issues as well as provided practical tips for fostering a supportive work environment.
Partner John Roberti participated in the “Trying a Section 2 Case: Best Practices” panel discussion, which took place at the American Bar Association Section of Antitrust Law 71st Annual Spring Meeting. The panel addressed the particular challenges of trying a monopolization or attempt to monopolize case under Sherman Act Section 2.
Kwaku Andoh and Bonnie J. Roe participated on the Association of Corporate Counsel Westchester-Southern Connecticut’s “Send Over Your Standard NDA” panel. During this presentation, they spoke about the legal and practical issues in negotiating non-disclosure agreements in the context of corporate transactions.

Other speaking topics covered throughout the presentation:

  • Identifying traps and unexpected consequences in defining terms
  • How much to standardize NDAs
  • Key issues in drafting an NDA for an M&A deal.

John Roberti acted as moderator for this discussion.

Partner John Roberti participated as a speaker at the American Bar Association's 26th Annual National Institute on Class Actions: Ethics Rodeo! Time to Round Up Ethics Credits (Nov. 11, 2022).
John Roberti moderates "Workplace Authenticity: Sharing Our Diverse Stories to Cultivate Greater Understanding and Allyship," a webinar sponsored by the ABA Antitrust Law Section. The webinar dissects what it truly means to cultivate diversity and acceptance in the workplace.
John Roberti spoke on a panel titled “What legislative changes, if any, are needed to modernize U.S. M&A antitrust policy?” at the GCR Live Merger Control conference.
John Roberti moderated a panel titled "Class Actions: An Emerging Global Divergence?” at the Fordham Competition Law Institute Annual Conference.
John Robert spoke on a panel titled “Self-preferencing: Anticompetitive Conduct or Efficient Business Practice?” at the Brazilian Institute for Competition Studies Annual Conference.
John Roberti spoke on a panel at the 2020 ABA Class Actions National (Virtual) Institute titled “Building the Best Firewall. Ethical Issues in Settlement Negotiations and Approval of Class Action Settlements.”
John Roberti spoke on a panel titled “The Future of Competition Class Actions after Godfrey” at the 2019 Canadian Bar Association Competition Law Fall Conference.
John Roberti spoke on a panel titled “Procedural Fairness and Antitrust–Enforcement Issues around the Globe and the ICN’s New Framework on Competition Agency Procedures” at the Tenth Annual Chicago Forum on International Antitrust.
John Roberti is the host of the American Bar Association Antitrust Law Section’s weekly podcast, “Our Curious Amalgam,” commencing on August 14, 2019.
John Roberti moderated a panel titled “ACPERA in Civil Cases: The Cooperation Conundrum" at the 2018 ABA Antitrust Spring Meeting.