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 Legal 500’s U.S. guide in the commercial litigation and corporate investigations and white collar defense categories. She has also been named one of Washington, D.C.’s Super Lawyers each year since 2011.

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; 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. Court of Appeals for the District of Columbia; U.S. Courts of Appeals for the First, Third, and Fourth 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

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

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.

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Representative False Claims Act/Qui Tam Matters

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.

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Other Representative Civil Litigation Matters

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.

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Other 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.

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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.

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

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.”

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 Founders 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.

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.
Cohen & Gresser helped achieve a precedent-setting ruling in the U.S. Court of Appeals for the Third Circuit in Jerry Reeves v. Fayette SCI, et al. (No. 17-1043), that clears the way for wrongfully convicted defendants to seek federal habeas relief where their trial counsel failed to present credible evidence of their actual innocence. There is a split among federal circuit courts over what type of “new evidence” of actual innocence is required before courts can consider the merits of untimely habeas corpus petitions that allege constitutional violations.  Some circuits consider evidence only if it is newly discovered after trial, while others permit evidence available at the time of the trial that defense counsel failed to present. The Third Circuit had not weighed in on the issue. Cohen & Gresser filed a pro bono amici curiae brief on behalf of the Innocence Network and the Innocence Project of Pennsylvania urging the Third Circuit to adopt the broader newly presented standard, because the narrower newly discovered evidence standard would cut off a pathway to exoneration for innocent individuals whose attorneys failed to present exculpatory evidence at trial. In a precedential decision on July 23, 2018, the Third Circuit agreed, vacating the denial of Mr. Reeves’ habeas petition and instructing the district court on remand to consider his newly presented exculpatory evidence.

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

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.

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.

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.”

Chambers USA and 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.

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

We are pleased to announce that twenty-two of our U.S.-based C&G 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 this region. 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.

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.

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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.

For nearly a century, resale price maintenance was a per se antitrust violation. Then, on June 28, 2007, the U.S. Supreme Court held that the legality of RPM should be determined on a case-by-case basis under the rule of reason. Now that a decade has passed since the landmark ruling in Leegin Creative Leather Products Inc. v. PSKS Inc., this article examines its impact.

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 spoke at the 22nd Annual National Institute on Class Actions hosted by the American Bar Association in Chicago. The panel discussion, “Big Price Tags, Big Issues”, explored the proliferation of third-party financing and its challenges.

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.

ABA 20th Annual National Institute on Class Actions in Las Vegas NV

Association of Transportation Law Professionals (“ATLP”)  87th Annual Meeting in New Orleans

Melissa Maxman was a panelist at this event.