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 antitrust: civil litigation/class actions: defense category. The guide has described her as a “brilliant thinker and lawyer.” 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.” Chambers USA has also pointed to Melissa’s sophistication as an antitrust lawyer and has noted that she is “smart, practical and really works to make sure she is responsive to the client’s needs.” Melissa has also been named one of Washington, D.C.’s Super Lawyers each year since 2011. She has also been recognized by Lawdragon as one of the 500 Leading Litigators in America in 2023 and 2024.

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 serves as a Council Member of the ABA Antitrust Section and was a former Co-Chair of its Exemptions and Immunities Committee.

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

Advisory Board Member, American Antitrust Institute

Member of Council, American Bar Association Antitrust Section

Life Fellow, American Bar Foundation

Fellow, Litigation Counsel of America

Advisory Board Member, Institute of Consumer Antitrust Studies

Member, American Law Institute

Member, International Women's Forum of Washington, DC

Member, Women's White Collar Defense Association

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

Former Co-Chair, Exemptions and Immunities Committee of the ABA Antitrust Section

Former Co-Chair, ABA National Institute on Class Actions

Former Advisory Board Member, Civil RICO Report

Former Board Member, Sewall-Belmont House and Museum / National Women’s Party

Former Trustee, Philadelphia Prison System

 

Representative Civil and Criminal Antitrust Matters

Representing a company in a highly concentrated sector of the entertainment industry in seeking DOJ and state AG review of the anticompetitive effects of a decade-old merger. The merger involved two companies that held dominant positions in their respective, adjacent markets, and was resolved by a consent decree between the DOJ, several state AGs, and the merging parties.

Serving as primary antitrust counsel to Roku in its capacity as a third party in various civil investigations and litigation brought by the FTC and certain U.S. state attorneys general in which Roku’s interests are impacted by the actions of the largest Big Tech Companies (Amazon, Google, Facebook, and Apple).

Representing DuckDuckGo as a third party in a landmark antitrust lawsuit brought against Google LLC (“Google”) by the United States and 14 state attorneys general, as well as a related antitrust lawsuit brought against Google by the attorneys general of 38 states and U.S. territories. The lawsuits, which have been consolidated for pretrial purposes in the U.S. District Court for the District of Columbia, allege that Google has violated Section 2 of the Sherman Antitrust Act by unlawfully monopolizing markets that include general search services, general search advertising, and general search text advertising.

Representation of a gasoline and diesel sales and distribution company defending allegations of monopolistic behavior brought in private litigation.

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Representative 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.

Conducted internal investigation into possible Medicare fraud and improper record keeping for large doctor-owned orthopedics practice and drafted follow-up compliance program.

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.

Defended one of the largest manufacturers of disposable cups against claim before the Better Business Bureau regarding adequacy of company’s advertising language with respect to environmental issues.

Represented family planning organization in the first civil Freedom of Access of Clinic Entrances Act case litigated in the Third Circuit; winning summary judgment for enforcement of the Act.

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Other Representative White Collar Defense & Regulation 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 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.

Represented a former state-wide elected official in guilty plea to corruption charges.

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.

Partner Melissa Maxman recently co-hosted an episode of the American Bar Association Antitrust Law Section’s weekly podcast, Our Curious Amalgam, on the topic of the long-awaited draft Merger Guidelines issued by the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission on July 19, 2023. In the episode, the DOJ Antitrust Division’s Deputy Assistant Attorney Generals Andy Forman and Michael Kades speak with Melissa and co-host Anora Wang of Arnold & Porter about the background, guiding principles, and some specific language in the draft Guidelines.
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.
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  
Cohen & Gresser is pleased to announce that 37 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

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

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

The Biden Administration has made its picks for antitrust leadership, and they are all members of an intellectual movement to increase antitrust enforcement in big tech and beyond. What broader impacts will these appointments have and what are some of the challenges they will face? C&G’s Melissa H Maxman co-hosts this episode of the podcast “Our Curious Amalgam,” presented by the American Bar Association’s Antitrust Section, where she spoke with Bill Kovacic, Former Chair of the FTC and Director of the Competition Law Center at George Washington University, to discuss how the nearly decade-long debate about antitrust reform may play out in the new administration.
Cohen & Gresser achieved a significant pro bono victory before the U.S. Court of Appeals for the Tenth Circuit on behalf of the National Women's Law Center ("NWLC") as an amicus in the case of Dr. Rachel Tudor, a professor in the English, Humanities, and Languages Department, of the Southeastern Oklahoma State University. Dr. Tudor is transgender and was explicitly denied tenure and fired by the University when she transitioned from male to female. The appeals court ordered the district court to reinstate her to a tenure position and correctly recalculate her front pay damages award.

While Dr. Tudor had won at trial, she was denied reinstatement by the district judge.  The Tenth Circuit embraced the arguments made in NWLC's amicus brief and found that the district court improperly concluded reinstatement would not be possible due to alleged hostility between Dr. Tudor and Southeastern. Instead, because of the legal presumption in favor of reinstatement and the particularly low risk of extreme hostility between the parties here, the court reversed and ordered that Dr. Tudor be reinstated at the University with tenure.

The Tenth Circuit also rejected Southeastern's cross-appeal in its entirety, relying heavily on the Supreme Court's decision in Bostock v. Clayton County, No. 17-1618, 590 U.S. ___ (2020), which overruled previous Tenth Circuit precedent and held that discrimination against transgender employees is sex discrimination under Title VII. Notably, Cohen & Gresser also represented the NWLC and dozens of other non-profit organizations in drafting and filing their Supreme Court amicus brief in Bostock.

Melissa Maxman led a team from Cohen & Gresser’s Washington D.C. office in advising the NWLC.

International law firm Cohen & Gresser has been once again recognized in The Legal 500 United States. The 2021 guide highlights C&G for its financial services strength – emphasizing the firm’s “understanding of complex financial products and the operations of the financial services sector” – and its “extensive experience in jury and bench trials at the federal and state level.”

Client commentary highlights C&G as “a cut above” and “very effective at knowing their audience, staying on message, and telling a persuasive and winning story.”

The Legal 500 has recognized C&G in both the Advice to Individuals category and Advice to Corporates category of the Corporate Investigations and White-Collar Criminal Defense section. The guide notes the practice’s deep bench that “includes former federal and state prosecutors, and former in-house attorneys, many of whom are active litigators, and have unique experience of federal enforcement bodies.”

C&G has also been recognized in the General Commercial Disputes category. The practice stands out for its capacity to handle “a diverse range of commercial disputes across numerous industries, including finance, software, technology and healthcare” and its ability to “handle complex, sophisticated matters in a cost-effective manner.”

For the ninth consecutive year, C&G has been recognized by The Legal 500 in the Securities Litigation: Defense category for its “work on the defense of broker-dealers, investment advisors, hedge funds, and private equity funds in securities litigation and FINRA arbitrations.”

In addition, Mark S Cohen is once again ranked as a “Leading Lawyer” for Securities Litigation: Defense. One client describes Mark as “one of the best trial lawyers I have seen” and goes on to recognize him for his professionalism, responsiveness, excellent judgment, and high-quality work.

Recognized Practices:

  • 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:

Corporate Investigations and White-Collar Criminal Defense General Commercial Disputes Securities Litigation: Defense

Cohen & Gresser is pleased to announce that Melissa H Maxman, Erica Lai, and Andrew J Pecoraro have been named to the 2020 Capital Pro Bono Honor Roll for their pro bono contributions during the last calendar year. The Capital Pro Bono Honor Roll is an annual report published by the D.C. Courts, in partnership with the D.C. Access to Justice Commission and the D.C. Bar Pro Bono Center, and recognizes “attorneys who have contributed 50 hours or more of pro bono work to those who cannot afford legal counsel.” Erica Lai and Andrew J Pecoraro were recognized with “high honors” for performing over 100 hours of pro bono work in 2020.

Cohen & Gresser partnered with the National Women’s Law Center in pursuing sex and disability discrimination EEOC charges against the Shelby County Division of Corrections on behalf of “Ms. N.” and other female prison guards that resulted in a favorable monetary settlement for Ms. N and the prison’s adoption of substantially bolstered sexual harassment and disability accommodation policies and protections.

Melissa H Maxman is featured in The Athletic, in which she discusses the NCAA’s argument to exempt its amateurism rules from federal antitrust scrutiny. “The NCAA is going to try to backdoor into an antitrust exemption the same way baseball did,” Melissa said. “The baseball exemption came to be accidentally through a Supreme Court ruling, and it’s just gone on and on. It is bad law. That is what I fear here.” (Subscription required.)

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.
A D.C.-based C&G team comprised of Melissa H Maxman, Ronald F Wick, and Erica Lai helped secure a victory in the U.S. Supreme Court’s landmark ruling that all workers are protected under Title VII of the 1964 Civil Rights Act regardless of gender identity or sexual orientation.
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.”
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.”

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.

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.
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.
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 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.

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

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.

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.

Read more

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.
The United States Federal Trade Commission and the Department of Justice recently took actions that signal their intent to increase antitrust enforcement, particularly in the private equity sector.

  • 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.

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.

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.

Melissa H Maxman will speak at the ABA Class Actions 2022 Conference on a CLE panel titled, “Don’t Squat on Your Spurs: Ethical Issues in Class Actions Involving Injury and Experts.” The panel will look at what constitutes injury-in-fact and the ethical, strategic, and policy concerns it creates.

Melissa H Maxman moderates this ABA Business Law Section virtual panel entitled “Protections Against Self-Incrimination – What International Corporations Should Know” that explores the interplay of international white-collar crimes (focusing on antitrust violations in jurisdictions where these are treated as criminal offenses) and the evidentiary right against self-incrimination, for both individuals and corporations in the antitrust context.

The panel discusses the rights against self-incrimination in parallel criminal and civil cases, in a comparative-law approach across five jurisdictions – the US, Canada, UK, Switzerland, and Brazil. Also discussed is a discourse of best practices as to how an international corporation’s board addresses allegations of impropriety in the context of an antitrust case scenario.

Melissa H Maxman will moderate a panel during the ABA Litigation Section’s 2021 Women in Litigation Joint CLE Conference. This empowering conference will include 16 dynamic programs highlighting women leaders,  emotional intelligence, and the gender gap. Melissa’s panel will explore the judiciary’s role in promoting diversity in legal leadership.

Melissa H Maxman will speak on a panel titled “Antitrust and Politics: Are We Entering a New Era?” during the Pennsylvania Association of Criminal Defense Lawyers’ 2021 White Collar Practice Seminar.

In an upcoming program for Lawline, Melissa H Maxman and Ronald F Wick explore NCAA v. Alston, the first comprehensive case addressing the NCAA's scope of authority in more than 35 years.

In June of 2021, the Supreme Court of the United States unanimously held that the National Collegiate Athletic Association ("NCAA") has violated the Sherman Act with its rules limiting the amount of education-related compensation colleges and universities can provide to student-athletes. However, the Court did not define what constitutes education-related compensation, and the NCAA still has the ability to define the outer boundaries of that term.

This webinar will consider NCAA v. Alston as it relates to the Sherman Act and the implications the Court's decision will have.

Melissa H Maxman presented in this ABA Antitrust Section webinar where she discussed the rise in private antitrust class actions and outlined clear steps to ensure the best strategies to prevent and defend against different types of anticompetitive allegations.

Earlier this summer, the Group of Seven (G7) held their annual summit to coordinate global policy and devise a plan to help the world build back better from COVID-19. The G7 discussed several priorities and initiatives, including a global minimum tax, international trade agreements, and other spending priorities that might significantly impact business operations across all industries and jurisdictions. So how can you prepare for potential changes to global policy, regulation, and the law? Join Cohen & Gresser on September 28 for an international webinar that will offer practical solutions and discuss immediate steps businesses can take to develop and shape their global legislative strategy moving forward. C&G’s Miriam González DurántezJeffrey Bronheim, and Melissa Maxman will discuss some of the G7’s top priorities and how the individual member nations are implementing them, with a particular focus on the U.S. budget process and spending priorities and global tax and trade regulations. Date: September 28, 2021 Time: 5 PM BST / 12 PM EST Topics will include:
  • 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.
In an on-demand Lawline CLE course, Melissa Maxman and Erica Lai discuss the origins of Section 2 of the Sherman Act, explain its current legal framework and standards, and examine its continued evolution, focusing on Section 2 challenges brought by state and federal governments against Google.
Melissa Maxman joined a conference call hosted by The Capitol Forum to discuss the pending Supreme Court case NCAA v. Alston. During the call, Melissa discussed antitrust exemptions and the O’Bannon case and spoke about the impact these and other issues will have on the pending Alston case.

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 moderated a panel at the 2019 American Bar Association National Institute on Class Actions. The panel, “Collective Actions on a World Stage – A Global Musical,” discussed how other markets might benefit from class or collective actions in an increasingly harmonized world.
Melissa H Maxman spoke on a panel, titled “At The Intersection of Labor and Antitrust: New Trends in Non-Poaching Litigation,” at an Antitrust Economics Workshop at the 46th Annual Conference on International Antitrust Law and Policy hosted by Fordham University School of Law.

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.

Melissa H Maxman moderated a panel at the 2017 American Bar Association National Institute on Class Actions, titled “Tapping the Collective Consciousness: How Americans Feel About Class Actions and Why.” The panel discussed legislation designed to correct class-action lawyers’ alleged abuse of an inefficient legal system.
ABA 20th Annual National Institute on Class Actions in Las Vegas NV

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