S Gale Dick
Partner, New York
S Gale Dick
Partner, New York
S. Gale Dick’s practice focuses on U.S. and international commercial arbitration and litigation, U.S. and cross-border corporate investigations, white collar criminal and enforcement matters, and securities litigation and arbitration. His clients have included domestic and multinational corporations in the financial services, media, manufacturing, engineering, construction, health care, and consumer products sectors; boards of directors and board committees; individuals; governmental and quasi-governmental entities; nonprofit organizations; and law firms and other professional service providers. Gale has also represented clients in matters involving intellectual property, defamation, and related First Amendment issues. Gale has been recognized in The Legal 500’s U.S. guide in its coverage for securities litigation, corporate investigations, and white collar criminal defense, and general commercial disputes. He has been described in the guide as “smart, practical and easy to work with” and it has been noted that his “skills are outstanding.” The Legal 500 has further indicated that he is “well versed in international commercial arbitration matters and litigation, as well as securities litigation and general contract disputes.” He was also named one of New York’s Super Lawyers for business litigation each year since 2018.
Gale was formerly a Lecturer in Law at Columbia Law School, and was formerly a Teaching Fellow at the Columbia University Graduate School of Journalism. He is a member of the Advisory Board of the Institute for Transnational Arbitration and a former Managing Editor of the World Arbitration & Mediation Report and the American Review of International Arbitration. He has published widely on international arbitration, FCPA enforcement, and corporate investigations.
Prior to joining the firm, Gale practiced for ten years at Debevoise & Plimpton LLP. He also served as a law clerk to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and Judge Eugene H. Nickerson of the U.S. District Court for the Eastern District of New York. He is a graduate of Columbia Law School, where he was a James Kent Scholar and a Harlan Fiske Stone Scholar.
S. Gale Dick’s practice focuses on U.S. and international commercial arbitration and litigation, U.S. and cross-border corporate investigations, white collar criminal and enforcement matters,…
Education
Columbia Law School (J.D. 1998); University of California, Santa Cruz (B.A., with honors, 1986)
Bar Admissions
New York State; U.S. District Courts for the Southern and Eastern Districts of New York
Activities and Affiliations
Member, New York City Bar Association (International Commercial Disputes Committee)
Advisory Board Member, Institute for Transnational Arbitration
White Collar Defense
Represented the Audit Committee of Siemens AG in groundbreaking global investigation of possible FCPA violations and follow-on SEC and DOJ proceedings.
Internal investigation for a leading financial institution of mispricing of subprime securities, and follow-on regulatory investigations and employment actions.
Conducted internal investigation for a leading financial institution relating to alleged mispricing of subprime securities, and follow-on regulatory investigations and employment actions.
Read MoreInternational Arbitration
Represented major East Asian consumer electronics manufacturer in international arbitration of contract and intellectual property dispute with Chinese software provider.
Represented Japanese consortium in complex international arbitration involving novel issues of asset valuation and international law relating to Brazilian mining company, with claims of up to $1 billion.
Represented Brazilian environmental services company in international arbitration against Japanese utility company in dispute over contract relating to carbon-emission credits.
Read MoreSecurities Litigation & Arbitration
Represented major financial institution in several class action litigations relating to mortgage-backed securities.
Obtained dismissal of putative fraud claims relating to LIBOR rate manipulation for two of the world’s largest banks.
Represented claimants in eight-week FINRA arbitration of claims of more than $280 million related to complex structured securities.
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Super Lawyers named C&G cofounder Mark S. Cohen one of the Top 10 lawyers in the New York metropolitan area. Partners Jonathan S. Abernethy and Karen H. Bromberg have also been named to the Super Lawyers list of the Top 100 lawyers in the New York metropolitan area. Additionally, Karen has been recognized as one of the Top 50 women lawyers within the same region.
Super Lawyers and Rising Stars are annual lists of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.
The C&G lawyers recognized on the New York Metro Super Lawyers list are:
- Jonathan S. Abernethy, Criminal Defense: White Collar
- Kwaku Andoh, Mergers & Acquisitions
- Luke Appling, Civil Litigation: Defense
- Elizabeth Bernhardt, Business Litigation
- 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
- Robert J. Gavigan, Mergers & Acquisitions
- Lawrence T. Gresser, Business Litigation
- Oliver S. Haker, Business Litigation
- Johannes Jonas, Mergers & Acquisitions
- Nicholas J. Kaiser, Real Estate
- Jeffrey I. Lang, Civil Litigation: Defense
- David F. Lisner, Business Litigation
- Ellen Paltiel, General Litigation
- Douglas J. Pepe, Business Litigation
- Matthew V. Povolny, Business Litigation
- Nathaniel P. T. Read, Business Litigation
- Bonnie J. Roe, Securities & Corporate Finance
- Stephen M. Sinaiko, Business Litigation
- Mark Spatz, Civil Litigation: Defense
- C. Evan Stewart, Securities Litigation
- Daniel H. Tabak, Business Litigation
- Scott D. Thomson, Business Litigation
- Alexandra Wald, Business Litigation
The C&G lawyers recognized on the New York Metro Rising Stars list are:
- Sharon L. Barbour, Criminal Defense: White Collar
- Randall W. Bryer, Business Litigation
- Shannon A. Daugherty, Business Litigation
- Drew S. Dean, General Litigation
- Jesse Greenwald, Criminal Defense: White Collar
- Christine M. Jordan, General Litigation
- William Kalema, Business Litigation
- Sri Kuehnlenz, Civil Litigation: Defense
- Marvin J. Lowenthal, Criminal Defense: White Collar
- Barbara K. Luse, Criminal Defense: White Collar
- Benjamin Zhu, General Litigation
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.”
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
- 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
A Cohen & Gresser litigation team led by Mark S Cohen and Jonathan S Abernethy recently won a major victory in a high profile Foreign Corrupt Practices Act (FCPA) case on behalf of client, Vanja Baros, a former investment analyst with hedge fund Och-Ziff (one of the world’s largest publicly traded hedge funds). In July, a federal court in New York dismissed the SEC’s entire complaint against Baros and his co-defendant, and the SEC recently declined to appeal the court’s decision, which is therefore final.
Global Investigations Review (GIR) has nominated Cohen & Gresser for its Most Important Court Case of the Year award for C&G’s major victory in a high profile FCPA case on behalf of a former investment analyst with international hedge fund Och-Ziff. A federal court in New York dismissed the SEC’s entire complaint against our client and his co-defendant, and the SEC declined to appeal. Mark S Cohen and Jonathan S Abernethy led the C&G team, which also included S Gale Dick, Colin C Bridge, and Reggie B Schafer.
- Corporate Investigations/White Collar – Advice to Corporates
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2015 guide. The guide notes Cohen & Gresser’s “extraordinary team of attorneys, who present cases in the best and most efficient manner practicable.” Partners Mark S. Cohen, Lawrence T Gresser, S Gale Dick, C Evan Stewart, and Daniel H Tabak were also noted as “impressive” attorneys in this field. The Legal 500 offers nationwide rankings by reviewing the strengths and strategies of law firms across the country. Founded in 1987, Legalease, publisher of the Legal 500 directories, is a leader in the provision of legal market information, offering authoritative and in-depth analysis and commentary across a broad portfolio of publications, spanning directories, magazines, journals, textbooks, and online. The Legal 500 U.S. 2015 Guide offers nationwide rankings by reviewing the strengths and strategies of law firms across the country.
Jonathan S Abernethy, S Gale Dick, and Christian R Everdell authored an article examining the Department of Justice's (DOJ) new policy discouraging DOJ attorneys from "piling on" multiple penalties against companies for the same misconduct.
This article first appeared on the website of the Criminal Law Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.
This article addresses Amazon’s recent launch of Amazon Giveaways, a self-service sweepstakes promotion tool that will likely result in thousands of sweepstakes that are subject to an identical set of terms and conditions. The article explains how this flood of sweepstakes is likely to shift perceptions of what constitutes a lawful sweepstakes in the social media age, particularly in terms of acceptable methods of entry, such as requiring participants to follow the sponsor on Twitter.
Recent court decisions concerning the interplay of the FCPA and personal jurisdiction over foreign nationals provide guidance for corporate counsel on FCPA risks. The bottomline—adopt, maintain, and continually update robust compliance and training programs throughout the organization, set the proper tone at management levels throughout the company, and, as appropriate, insist that third party intermediaries with whom the company works follow those same policies.
The Guide addresses several key issues arising from the FCPA on which multinationals have long sought guidance, including (i) the elements of an effective anti-corruption compliance program; (ii) gifts and entertainment expenses; (iii) facilitating payments; (iv) the FCPA's broad definition of "foreign official"; (v) successor liability when a company merges with or acquires another company that has committed acts of bribery; and (vi) FCPA jurisdiction over foreign companies that do not trade on U.S. exchanges.
Examining how FCPA whistleblowers have been incentivized and the impacts this rewards structure may have on ‘business as usual’.
- Genesis of the law
- Apprehending the risks in a company
- Deployment of compliance programs within a company
- Protection of whistleblowers
- The new mechanism of transaction (differed prosecution agreement)
- The monitoring process
- Final remarks by the vice president of the Assemblée Nationale.
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