Litigation and Arbitration
The firm handles major cases in federal and state trial and appellate courts, before government agencies, and in a wide variety of domestic and international arbitration settings. Our experience in civil litigation covers a number of substantive areas, including antitrust and unfair competition, bankruptcy litigation and counseling, class action defense, commercial disputes, directors and officers litigation, employment, healthcare litigation, partnership disputes, products liability, real estate litigation, and securities litigation.
Our attorneys have significant experience handling appeals before federal and state appellate courts across the country and regularly represent organizations as amicus curiae in appellate matters presenting legal questions with broad policy implications. The firm has successfully handled appeals in cases where we represented a party in the lower court and in cases where we have specifically been brought in for our appellate proficiency. Our attorneys have clerked for judges on numerous federal district and appellate courts.
With every dispute, in any forum, we offer thoughtful counseling before a decision is made to litigate, and we have substantial experience in negotiating favorable pre-litigation settlements for our clients where appropriate.
If a pre-litigation settlement is not feasible or advisable, we are skilled at using the pretrial process to put our cases in the best posture for disposition by motion, settlement, or trial. Our litigators are first-rate trial lawyers: we have successfully handled hundreds of trials, arbitration hearings, and administrative procedures in state and federal courts across the country and in every major type of arbitration forum. We have an outstanding record in high-stakes, high-profile litigation, including cases involving claimed damages in the hundreds of millions of dollars.
Our trial experience helps us manage the discovery process efficiently and cost-effectively by keeping the focus on the facts that will advance our claims or defenses at trial. And that same focus — along with our intensity, creativity, and negotiating skill — helps us settle cases on excellent terms.
Our litigation and arbitration team has been recognized in leading rankings publications. Legal 500 described the firm’s strong commitment to client service and praised us as “one of the best mid-sized firms.” It also noted that the firm “differentiates itself by the creativity and flexibility it brings to its work, enabling it to handle disputes across an incredibly wide number of subject areas.” Chambers recognized the firm’s strong financial litigation practice, and noted that our attorneys “put themselves in their clients' shoes and use litigation as a tool to advance their clients' causes or solve their problems in a creative, efficient and cost-effective manner.”
Intellectual Property and Technology
Cohen & Gresser handles a wide range of intellectual property and technology matters. Our litigators have experience in patent, trademark, copyright, trade secret, and unfair competition litigation and advise clients on internet privacy issues, data security, and technology law. Our transactional lawyers protect our clients’ patents, trademarks, service marks, copyrights, and trade secrets; manage trademark portfolios; and negotiate and draft a broad range of licensing and technology-related agreements.
Class Action Defense
Our attorneys have extensive class action defense experience. We have represented major public companies – including manufacturers, consumer products companies, and financial services companies – in a broad range of putative class actions, including cases alleging products liability, product defects, consumer fraud, antitrust, false advertising, and securities law claims.
The firm's attorneys have successfully handled the most complex problems facing class action defendants by defeating motions for class certification, successfully arguing for removals and dismissals, enforcing class releases, and negotiating innovative settlements. Our lawyers have defeated class certification in over thirty consumer fraud class actions and have settled hundreds of liability cases on favorable terms.
Our lawyers also counsel clients on initiatives to address litigation risks and exposure, thus reducing the potential for future class actions. We strive to help our clients implement "best practices".
Commercial Litigation
Our Chambers and Legal 500-recognized Commercial Litigation group represents clients in a broad range of complex commercial, business, and financial disputes in districts throughout the United States and in the international arena. We represent clients in lawsuits involving contract disputes, derivatives claims, breach of contract, shareholder disputes, fraud, tortious interference complaints, professional malpractice claims, unfair business practices, and private equity transactions. Our clients span multiple industries, including finance, software and technology, hospitality, and real estate.
Our attorneys employ their extensive trial experience to bring a strategic approach to each claim. We offer thoughtful counseling, and we scrupulously research each matter and are prepared to effectively and vigorously defend our clients at trial. We have successfully handled numerous trials, arbitration hearings, and administrative procedures in state and federal courts across the country and in every major type of arbitration forum. We have an outstanding record in high-stakes, high-profile litigation, including cases involving claimed damages in the hundreds of millions of dollars.
Privacy and Data Security
As the online marketplace continues to grow, companies throughout the world are facing increasingly strict – and often inconsistent – regulations regarding the acquisition, use, and protection of personal information.
Our global privacy, data protection, and data security attorneys advise clients on a broad range of privacy and data protection matters, including developing and implementing privacy policies and procedures, privacy-related litigation, regulatory investigations, global compliance, cross-border data transfers, website terms and conditions, social media and other new information technologies, cybersecurity and network intrusion issues, and contractual matters involving privacy and security. We also counsel clients on compliance with regulations such as the TCPA, COPPA, HIPAA, GLBA, and Privacy Shield in the United States and the 95/46/CE Directive and GDPR on privacy and data protection and domestic implementation legislation in European countries. We advise companies in the technology, financial services, telecommunications, consumer products, e-commerce, media, professional services, and healthcare sectors, and help clients develop risk management and privacy and data use policies in compliance with state, national, and international regulatory legislation. Our attorneys conduct privacy and data security due diligence on M&A transactions, including those with cross-border components, negotiate technology license agreements, and assist with cybersecurity audits, cyber-insurance evaluations, and employee security training.
Our group includes attorneys who have achieved designation as Certified Information Privacy Professionals, including in both the U.S. and the E.U., and as a Certified Information Privacy Technologist by the International Association of Privacy Professionals as well as those with advanced degrees in computer information science and engineering. Our attorneys are tech-savvy and have an extensive understanding of privacy and data use legislation on a global scale. They are experienced in guiding clients through data breaches and any resulting litigation and internal investigations, helping them mitigate loss and unfavorable public opinion.
Products Liability
Our attorneys have experience in defending the most complex, sensitive, and high-stakes products liability cases and have an excellent track record of reducing our clients’ exposure, controlling costs, and achieving good results. We develop effective motion strategies to defeat class certification and to dismiss or materially limit claims. We craft successful strategies to deal with complex causation issues, discovery problems, and novel legal claims. And we have an excellent record of success in trials throughout the United States and overseas.
Patent Litigation
Our litigators have successfully asserted and defended patent cases in federal courts throughout the country, including jurisdictions with heavy patent dockets (e.g., California, Delaware, Massachusetts, New Jersey, Pennsylvania, Texas, and Virginia), the Court of Appeals for the Federal Circuit, and before the International Trade Commission. Foremost, we are trial lawyers, and our diverse IP litigation practice enables us to excel across a wide range of technologies. Our approach is to pair lawyers who have strong technical backgrounds in the relevant technology with experienced trial lawyers, thereby giving our clients the best of both worlds: a litigation and trial team which can construct the strongest possible technical arguments in support of our position and can also explain our case to a judge and jury in language which is simple and persuasive.
From individual inventors to Fortune 500 companies, our lawyers have represented a wide range of clients in patent matters and have successfully litigated against some of the largest law firms in the U.S. The firm’s patent practice has been recognized in the Chambers USA guide, and the firm has been ranked as a recommended firm for patent litigation by Managing Intellectual Property magazine’s IP Stars guide. Patent Litigation group members have also been recognized individually by Chambers, as IP stars by Managing Intellectual Property, and as part of IAM’s Patent 1000 list.
Our patent attorneys are also skillful and experienced negotiators, able to assist our clients in maximizing the value of an IP asset sale. We draft infringement and validity opinions, conduct detailed intellectual property due diligence and freedom-to-operate analyses, and counsel clients on monetizing strategies for patent portfolios.
Trade Secret and Unfair Competition
We represent clients in actions involving unfair trade practices, unfair competition, and violations of non-competition and nondisclosure agreements. We also advise clients on the preparation and negotiation of nondisclosure and confidentiality agreements, and we represent clients in trade secret misappropriation disputes and litigation.
Trademark Law
Our trademark attorneys evaluate prospective trademarks for both clearance and availability for use; file and prosecute trademark applications in the United States Patent and Trademark Office; handle opposition and cancellation proceedings before the Trademark Trial and Appeal Board; and use state of the art technology to manage trademark portfolios efficiently and cost-effectively. We also represent clients in trademark infringement litigation, including ex parte seizure orders, temporary restraining orders, and preliminary injunctions in federal and state courts, and we regularly counsel our corporate clients on the protection and enforcement of their trademarks.
Employment Law – U.S.
The firm’s U.S.-based Employment Litigation and Counseling group advocates for employers and executives in state and federal court actions as well as before the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Commission on Human Rights. We have successfully handled matters centering on restrictive covenants, trade secrets, wrongful termination, discrimination, wages and benefits, and whistleblowing and retaliation claims.
Our attorneys also have significant experience counseling employers and executives on contractual and business matters. We regularly provide advice regarding reductions in force, separation and termination, employment contracts, executive compensation, confidentiality agreements, restrictive covenants, consulting and work for hire agreements, the Fair Labor Standards Act, and ERISA litigation. We also counsel employers on employment policies and practices to help our clients limit risk, avoid litigation, and increase efficiencies, including drafting employment handbooks, social media and privacy policies, and incident response plans.
The firm was also appointed by the U.S. District Court for the Eastern District of New York to monitor the Fire Department of New York and is helping address its hiring and employment practices, including overseeing the recruitment, testing, hiring, training, and promotion of entry-level firefighters.
Employment Law
The firm’s employment attorneys represent employers and executives in a variety of litigation and counseling matters both in the United States and in France.
In the United States, Cohen & Gresser employment attorneys represent clients in state and federal court actions; other forums such as the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Commission on Human Rights; court monitorships; and investigations. We also counsel employers and executives on a wide range of contractual and business matters, including employment, privacy, and social media policies and incident response plans.
In France, Cohen & Gresser employment attorneys have significant experience in counseling French and international employers and top managers/executives, as well as representing them in litigation relating to various employment and labor-related issues, including individual and collective relations. Our Paris attorneys also represent companies on all employment law aspects of mergers, acquisitions, and restructurings and provide advice on status, remuneration, and social coverage of top management/executives and corporate officers.
