Melissa H Maxman
Partner, Washington, D.C.
Melissa H Maxman
Partner, Washington, D.C.
Melissa H Maxman is the Managing Partner of the firm’s Washington, D.C. office. She has decades of litigation experience at both the trial and appellate levels, primarily in the areas of antitrust, RICO, environmental law, complex commercial disputes, and white collar defense. She has extensive experience advising domestic and foreign corporations on global antitrust issues. She has represented clients in complex civil and criminal matters before the Federal Trade Commission, the Antitrust Division of the Department of Justice, and in private civil matters. Melissa has been recognized in The Legal 500’s U.S. guide in the commercial litigation, corporate investigations, white collar defense, general commercial disputes, and antitrust categories, where she is described as a “brilliant thinker and lawyer” with a “deep knowledge in antitrust” who is “a passionate defender of her clients in litigation.” She has also been recognized by Chambers USA in the antitrust litigation specialists category, in which she was described as “strong knowledgeable counsel with strong litigation, policy, and legislative skills and experience.” She has also been named one of Washington, D.C.’s Super Lawyers each year since 2011. Melissa has also been recognized by Lawdragon as one of 2022’s 500 Leading Litigators in America.
Prior to joining Cohen & Gresser, Melissa was the Chair of the Antitrust and Trade Regulation Practice Group in the Washington, D.C. offices of two large national law firms. She served as an Assistant United States Attorney in the Eastern District of Pennsylvania and was a law clerk for the Honorable Harry T Edwards of the United States Court of Appeals for the District of Columbia. Melissa is a cum laude graduate of the University of Michigan Law School, where she was editor-in-chief of the Michigan Law Review.
Melissa has been a member of the American Law Institute since 2003. She is also an Advisory Board member for the Institute for Consumer Antitrust Studies and is Co-Chair of the ABA National Institute on Class Actions. She is the immediate past chair of the Dean’s National Advisory Council for the Columbian College of Arts and Sciences at the George Washington University. She serves as Co-Chair of the Exemptions and Immunities Committee of the ABA Antitrust Section.
Melissa H Maxman is the Managing Partner of the firm’s Washington, D.C. office. She has decades of litigation experience at both the trial and…
Education
University of Michigan Law School (J.D., cum laude, 1988); George Washington University (B.A. 1983)
Bar Admissions
District of Columbia; State of Maryland; Commonwealth of Pennsylvania; Commonwealth of Virginia; Superior Court of Pennsylvania; U.S. District Court for the District of Columbia; U.S. District Courts for the Eastern and Middle Districts of Pennsylvania; U.S. District Court for the District of Maryland; U.S. District Court for the Eastern District of Michigan; U.S. District Courts for the Eastern and Western Districts of Virginia; U.S. District Court for the Eastern District of Wisconsin; U.S. Court of Appeals for the District of Columbia; U.S. Courts of Appeals for the First, Third, Fourth, and Tenth Circuits
Activities and Affiliations
Fellow, American Bar Foundation
Fellow, Litigation Counsel of America
Advisory Board Member, Institute of Consumer Antitrust Studies
Member, American Law Institute
Former Chair and Advisory Board Member, The George Washington University Columbian College of Arts and Sciences Dean's National Council
Former Member, William B. Bryant Inn of Court
Former Vice Chair, Global Private Litigation Committee of the ABA Antitrust Section
Co-Chair, Exemptions and Immunities Committee of the ABA Antitrust Section
Co-Chair, ABA National Institute on Class Actions
Former Advisory Board Member, Civil RICO Report
Member, International Women's Forum of Washington, DC
Former Board Member, Sewall-Belmont House and Museum / National Women’s Party
Former Trustee, Philadelphia Prison System
Member, Women's White Collar Defense Association
Representative Civil and Criminal Antitrust Matters
Representation of a gasoline and diesel sales and distribution company defending allegations of monopolistic behavior brought in private litigation.
Conducted numerous internal investigations into allegations of violations of the Sherman Antitrust Act, including leading investigations into allegations of cartel activity for clients from both the government and private parties.
Regularly draft and implement antitrust compliance programs and provide antitrust compliance training for dozens of U.S. companies, including advice on communications with competitors, distributor and resale pricing, price discrimination, bundled and discounted pricing, potential mergers and joint ventures, and other issues with antitrust implications.
Defending Norwegian ocean shipping company in private civil antitrust class action alleging cartel activity among shipping companies.
Read MoreRepresentative False Claims Act/Qui Tam Matters
Representation of a company defending allegations of improper labeling brought by the Federal Trade Commission.
Represented manufacturer of dental and medical OTC products in U.S. Attorney’s Office investigation into Defense Department fraud relating to sales of medical products to soldiers.
Obtained non-prosecution agreement with the DOJ following defense of international manufacturer of transit buses in a DOJ investigation into suspected criminal False Claims Act violations in connection with allegedly falsified customs records.
Obtained dismissal of civil False Claims Act suit relating to allegations of falsified customs records on behalf of an international manufacturer of transit buses as well as represented client in related breach of contract and employment disputes.
Read MoreOther Representative Civil Litigation Matters
Representation of key witnesses in government investigations and lawsuits brought by the United States DOJ, the Federal Trade Commission, and various state Attorneys General.
Representation of witnesses subpoenaed to testify before Congress.
Represented a group of automotive dealers in litigating civil RICO and antitrust claims against a car manufacturer, its parent company, and other defendants.
Defended a non-profit corporation in a lawsuit under the Colorado RICO and other state statutes regarding ownership and valuation of a golf resort.
Represented well-known professional athlete in contract litigation over the terms of a shoe endorsement deal.
Read MoreOther Representative White Collar Matters
Represented the audit committee of a transportation company in a major FCPA internal investigation arising out of its bus sales in Angola.
Defended a power authority against Clean Air Act and Clean Water Act criminal environmental claims brought by the DOJ Environmental Crimes Section; and in follow-up private civil suits with the power authority’s supplier regarding indemnification claims and with community groups suing for environmental injury.
Represented former Congresswoman in a grand jury investigation into then-spouse’s financial fraud.
Read More
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.
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.
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
Antitrust: Civil Litigation/Class Actions: Defense
- Melissa H Maxman
- John Roberti
- Ronald F Wick
- Jonathan S Abernethy
- Jason Brown
- Mark S Cohen
- S Gale Dick
- Jeffrey I Lang
- Melissa H Maxman
- Reggie Schafer
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
- Melissa H Maxman
- Daniel H Tabak
- Jonathan S Abernethy
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
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.”
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
District of Columbia
Antitrust: Litigation Specialists
New York
Litigation: General Commercial
Litigation: Securities Litigation: White-Collar Crime & Government Investigations- 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
- 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
- Corporate Investigations/White Collar
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
C&G helped secure a victory in a case alleging that President Trump violated the Foreign Emoluments Clause of the Constitution by accepting benefits from foreign governments without seeking and obtaining congressional consent. C&G represents five legal historians who filed an amicus brief citing extensive historical sources demonstrating that the Founding Fathers shared the plaintiffs’ definition of emoluments. Judge Emmet Sullivan of the U.S. District Court for the District of Columbia, in denying Trump’s motion to dismiss for failure to state a claim, expressly stated that “[t]he Court appreciates the illuminating analysis provided by the amici,” and that “Amici Legal Historians soundly reject the President’s narrow definition of Emolument as inaccurate, unrepresentative, and misleading.”
The National Law Journal published a piece about the importance of our clients’ amicus brief, mentioning Cohen & Gresser’s role, and quoting Washington, D.C. Managing Partner, Melissa Maxman, linked here.
This is the second time a district judge has relied in large part upon our legal historian clients’ brief in construing the Emoluments Clause.
- Corporate Investigations/White Collar – Advice to Corporates
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
Melissa H Maxman was quoted in a Bloomberg article regarding Google’s internet dominance and the effects on internet searches, noting that “bringing plaintiff cases in the U.S. will be challenging, especially after the Federal Trade Commission closed its investigation of Google in 2013.”
See Politico’s coverage of the event here.
The Capitol Forum Interview Series features a discussion with Melissa H Maxman, Managing Partner of C&G's Washington, D.C. office.
View the interview here.
Cohen & Gresser is pleased to announce the opening of its fourth office in Washington, D.C. The Washington office will be led by partner Melissa H Maxman, and will handle a range of commercial litigation and regulatory enforcement matters, with a focus on U.S. antitrust issues, criminal and civil litigation, and compliance and regulatory disputes in the federal agencies.
- Last month, the FTC released a new policy statement noting its broadened view of the scope of its power under Section 5 of the FTC Act, signaling that it may find certain private equity rollups violate its interpretation.
- The FTC policy statement came on the heels of a DOJ announcement that it would be increasing the enforcement of Section 8 of the Clayton Act.
- These developments underscore the need for private equity companies to take particular care in observing U.S. competition laws, as there will be greater scrutiny of private equity firms.
In this client alert, Melissa Maxman, Ronald Wick, and Alisa Lu analyze what these actions mean for the future of antitrust enforcement in the private equity sector and provide insight into how PE firms can prepare themselves for continued additional scrutiny.
- 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.
- 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.
Melissa H Maxman co-authored a New York Times OpEd advocating that the U.S. Senate open its upcoming impeachment debate to the public.
In this C&G Client Alert, Melissa H Maxman, Ronald F Wick, Erica Lai, and Danielle Morello discuss the U.S. Department of Justice's (DOJ) announcement that it will now consider crediting companies for “robust” compliance programs at the charging stage of criminal antitrust investigations. This signals a reversal of the DOJ’s longstanding policy of allowing substantial penalty reductions only for “early-in” whistleblowers.
C&G partner Melissa H Maxman discussed alternative dispute resolution in the U.S. for Financier Worldwide’s global Annual Review on the topic.
Melissa H Maxman and Ronald F Wick examine the impact of the Leegin Creative Leather Products Inc. v PSKS Inc. ruling a decade after the decision.
- An overview of the G7 summit and top priorities moving forward
- Tax and spending priorities, including:
- U.S. fiscal policy and the budget process
- The global minimum tax
- International investment
- International trade policy, including:
- Priorities of the European Union
- The impact of Brexit on global trade policy
- The U.S. trade agenda
- Steps that companies can take right now to craft and strengthen their legislative/policy strategy.
Melissa H Maxman guest lectured at Fordham Law School’s Global Cartels course on the topic of International Cartel Enforcement and The Globalization of Antitrust.
Melissa H Maxman moderated an American Bar Association panel during the Class Actions National (Virtual) Institute that examined the ethical challenges and boundaries to class action settlements. The panel explored several themes, including attorney communications with absent class members; potential conflicts of interest between class members; and objectors to class action settlements.
Melissa H Maxman presented a CLE on "Preventing and Defending a Private Civil Class Action Price-Fixing Lawsuit: Best Practices for a New Decade" at a program hosted by Lawline. She outlined clear steps to ensure the best strategies to prevent and defend against different types of anticompetitive allegations.
Melissa H Maxman appeared on an episode of Our Curious Amalgam’s podcast series, titled “When is Doing Good Bad? Antitrust in Social Responsibility Agreements,” hosted by John Roberti, leader of the Antitrust Section of the American Bar Association.
Listen to the episode here.
Melissa H Maxman participated in a presentation, titled “The Incoherent Justification for Naked Restraints of Competition: What the Dental Self-Regulation Cases Tell Us about the Cavities in Antitrust Law” at the 19th Annual Loyola Antitrust Colloquium at the Loyola University Chicago School of Law.
Partner Melissa Maxman appeared on Legal Talk Network’s podcast series ‘On the Road’ on the ‘Antitrust Exemptions in Sports--& More!’ episode. She joined host Creighton Macy of Baker McKenzie, and panelists Sathya Gosselin of Hausfeld and Kim Scott of Miller Canfield, in a discussion about antitrust exemptions in sports, antitrust careers, and litigating sports cases.
Consumer Antitrust Institute in Chicago
ABA Antitrust Spring Meeting Panel, Washington DC
International Association of Korean Lawyers, IAKL Seoul Conference Program, Washington, D.C.
Association of Transportation Law Professionals (“ATLP”) 87th Annual Meeting in New Orleans
Melissa Maxman moderated this event.
Melissa Maxman was a panelist at this event.
Melissa Maxman was a panel chair for this event.
Melissa was a panelist at this event.
Melissa was a speaker at this event.
Melissa was a panelist for this event.
Melissa was a primary commentator at this event.
Melissa was a speaker at this event.
Melissa was a panelist at this event.
Melissa was a panelist at this event.
Melissa was a panelist at this event.
Melissa was a speaker at this event.
Melissa was a speaker at this event.
Melissa was a speaker at this event.
Melissa was a speaker at this CLE course.
Melissa was a speaker at this event.