New York

Cohen & Gresser is pleased to announce that five attorneys have been recognized in the 2026 edition of The Best Lawyers in America, and 14 attorneys have been recognized in Best Lawyers: Ones to Watch in America.

Now in its 32nd edition, The Best Lawyers in America honors lawyers who demonstrate excellence in their fields through a rigorous peer-review process. Ones to Watch highlights associates and other up-and-coming lawyers for outstanding professional excellence.

C&G attorneys recognized in the 2026 edition of The Best Lawyers in America include:

• Jonathan S. Abernethy – Criminal Defense: White-Collar; Litigation - Regulatory Enforcement
• Jason A. Brown – Criminal Defense: White-Collar
• Mark S. Cohen – Criminal Defense: White-Collar
• Lawrence T. Gresser – Commercial Litigation
• Mark Spatz – Product Liability Litigation – Defendants

C&G attorneys recognized in Best Lawyers: Ones to Watch in America include:

• Randall Bryer – Commercial Litigation
• Olivia Daniels – Commercial Litigation
• Shannon A. Daugherty – Criminal Defense: White-Collar
• Drew S. Dean – Commercial Litigation; Corporate Law
• Jillian Gray – Commercial Litigation; Labor and Employment Law - Management
• Laura Harder – Commercial Litigation
• Derek Jackson – Commercial Litigation
• Daniel Joiner – Commercial Litigation; Criminal Defense: White-Collar
• Christine M. Jordan – Commercial Litigation
• William E. Kalema – Commercial Litigation; Criminal Defense: White-Collar
• Michele St. Julien – Commercial Litigation
• Alexandra K. Theobald – Commercial Litigation; Corporate Law
• Myia Williams – Corporate Law
• Xu Yang – Commercial Litigation

We are proud to see so many members of our team recognized for their skill, dedication, and impact across a range of practice areas.    

Vault has once again named Cohen & Gresser to its Top 150 Under 150 list, which highlights the nation’s leading law firms with 150 or fewer attorneys.

Vault praises C&G for its team of “White Collar Whizzes” and underscores the firm’s “strong reputation in this area.” The publication also highlights the firm’s “bustling litigation practice,” citing its capabilities across a broad spectrum of matters, including antitrust, bankruptcy, class actions, commercial litigation, directors and officers liability, and products liability.

Vault created the Top 150 Under 150 list to recognize outstanding small and midsize law firms that deliver top-tier results. Its editorial team evaluates survey data, industry news, legal publications, and peer commentary, considering each firm’s prestige, quality of life, and professional development opportunities to determine which firms make the cut.

Mark S. Cohen, Lawrence T. Gresser, and Melissa H. Maxman have been recognized in the 2025 Lawdragon 500 Leading Global Litigators guide.

Mark is recognized for Global Litigation & Investigations, Larry is recognized for International Arbitration & Litigation, and Melissa is recognized for Global Litigation & Antitrust.

This year marks the fourth edition of the guide, which celebrates lawyers “whose passports are always at the ready and whose abilities to parse languages, lands, and legalities set them apart."

Mark, Larry, and Melissa were also previously featured on the 2025 Lawdragon 500 Leading Litigators in America guide.

Congratulations to all!

Cohen & Gresser is proud to announce that Pere Puig Folch, our Global Chief Innovation Officer, has been selected to join the 2025 Law360 Editorial Board for Legal Tech. With over 20 years of experience in legal technology, Pere has been instrumental in driving forward-thinking initiatives at Cohen & Gresser. His expertise in leveraging AI-driven tools and machine learning has significantly enhanced our firm’s capabilities in complex data analysis, Big Data litigation, and investigations. Pere’s visionary approach continues to set new standards in legal tech, ensuring our clients receive the most efficient and effective solutions. Pere’s appointment to the Law360 Editorial Board for Legal Tech highlights his dedication to innovation in the industry. We congratulate him on this well-deserved honor.  

We are proud to announce that Mark S. Cohen and Lawrence T. Gresser have been ranked in Legal 500’s inaugural City Elite rankings for New York City Commercial Disputes. This recognition highlights their exceptional advocacy, strategic insight, and leadership in high-stakes commercial litigation.

Legal 500 US Elite spotlights top lawyers at regional firms across key U.S. business centers. The rankings identify attorneys handling market-leading work at the highest level in their respective cities.

Legal 500’s rigorous selection process includes interviews with leading practitioners, peer and client feedback, and a review of key matters handled over the past year. Legal 500’s in-depth research ensures that only the most accomplished attorneys are recognized.

Congratulations to Larry and Mark on this well-deserved honor.

Cohen & Gresser partners Christian R. Everdell and Sri Kuehnlenz examine how the nomination of Jay Clayton as U.S. Attorney for the Southern District of New York could shape the office’s enforcement priorities in a new article published by Law360. The piece explores anticipated areas of focus and the potential implications for white-collar enforcement and corporate investigations.

Read the full article on Law360 here (subscription required).

Lawdragon has recognized firm co-founders Mark S. Cohen and Lawrence T. Gresser in its 2025 Lawdragon "500 Leading Lawyers in America" guide.

Mark is recognized for White Collar and Litigation, and Larry is recognized for Litigaton.

This year marks the 20^th edition of Lawdragon’s flagship guide—an “ode to the greatest lawyers in the greatest legal system in the world.” Lawdragon performs an extensive review of submissions to identify lawyers who have demonstrated unparalleled skill, dedication, and leadership in shaping the legal landscape.

Mark and Larry were also recognized in the 2025 Lawdragon “500 Leading Litigators in America” guide, which was released in September.

Cohen & Gresser is pleased to announce that Sri Kuehnlenz has been promoted to partner, and Drew S. Dean, Christine M. Jordan, and Saruji Sambukumaran have been promoted to counsel.

"We are proud to congratulate Sri, Drew, Christine, and Saruji on their well-earned promotions," said Lawrence T. Gresser, the firm’s global managing partner. “They are superb lawyers and wonderful people. We are lucky to have them, and we are excited to see their continued success at Cohen & Gresser.”

Sri Kuehnlenz – Partner, New York

Sri Kuehnlenz is a member of the firm’s Litigation & Arbitration and White Collar Defense & Regulation groups. She represents companies and individuals in complex matters involving contract disputes, securities laws, the Foreign Corrupt Practices Act, consumer protection laws, and executive employment issues, with a focus on complex financial and accounting cases. Her notable work includes representing the defendant in a high-profile five-week criminal jury trial in the cryptocurrency sector, defending a major credit card corporation against a deceptive practices claim, defending an asset management firm against contract, tort, and statutory claims arising from a complex financial arrangement, and handling a pivotal breach of contract appeal for a hedge fund. Sri also advises clients on pre-litigation strategy and employment negotiations. Recognized as a Rising Star by Law360 in 2024 and by Super Lawyers since 2019, Sri is a trusted advocate in high-stakes litigation and regulatory matters.

Drew S. Dean – Counsel, New York

Drew S. Dean is a trusted advocate in high-stakes commercial litigation and white-collar defense matters, representing clients in sensitive and often multi-jurisdictional disputes. In addition to his litigation practice, Drew advises clients on domestic and international strategic investments, mergers and acquisitions, and a wide range of corporate transactions. His exceptional legal work and dedication to client service have earned him recognition as a Super Lawyers Rising Star every year since 2020.

Christine M. Jordan – Counsel, New York

Christine M. Jordan has extensive experience representing corporations, financial institutions, and individuals in high-stakes litigation before federal and state courts, as well as in arbitral tribunals. Christine’s practice spans a wide range of complex disputes, including those involving mergers and acquisitions, securities, contracts, real estate, and bankruptcy. Christine has been recognized by Super Lawyers as a Rising Star for general litigation every year since 2022.

Saruji Sambukumaran – Counsel, Paris

Saruji Sambukumaran focuses on all aspects of French employment law (legal counseling and assistance in transactional and litigation matters) including individual and collective relations. With a deep understanding of the complexities of French labor regulations and workplace dynamics, she advises both domestic and international clients on a wide range of employment matters, notably compliance, workforce management, reorganization and redundancy matters, trade union and representative body relations, and dispute resolution.

Eleven attorneys general sue asset managers, alleging ESG investment standards raise coal prices and violate antitrust laws

The ideological battle over the role of Environmental, Social and Governance (ESG) investment standards intensified last week, as the Texas Attorney General and 10 other Attorneys General sued three asset management companies, alleging that ESG strategies pursued by these companies in relation to coal production violated federal and state antitrust laws.

ESG is a set of standards or ideals that socially conscious investors seek out when choosing where to place their money. Over the past four years, ESG investment standards have become increasingly controversial. Some liberal and progressive advocates have sought to pressure large investors to consider issues such as racial justice, labor policies, and environmental stewardship when making investments in companies. At the same time, some conservative critics have opposed ESG as an attempt to inject ideology into investment decisions at the expense of shareholder value.

Allegations and Defenses

The tension is on full display in the Texas complaint. The complaint alleges that the three asset management companies—BlackRock, Vanguard, and State Street—violated Section 7 of the Clayton Act by acquiring minority interests in multiple competing coal-producing companies and then using governance rights (such as proxy votes) to influence the coal companies to reduce output in the name of environmental stewardship. The complaint alleges that this output reduction, in turn, raised the price of coal directly and consumer electric bills indirectly. The states claim that the agreement was reached through organizations committed to reducing carbon output, such as Climate Action 100+ and the Net Zero Asset Managers Initiative.

The investment firms likely will raise several defenses. Among other things, they likely will argue that the states have not plausibly alleged an agreement among the investment companies. The complaint relies heavily on public statements and on the involvement of the investment companies in industry organizations, but the law imposes a high pleading burden on Section 1 plaintiffs, and the absence of a plausible economic motive may prove problematic for the plaintiffs. The companies will likely also challenge the plaintiffs’ allegations of anticompetitive effect. The plaintiffs appear to allege that the agreement had the effect of increasing the price of coal, but given the nature of the alleged agreement, if proven, it likely would be assessed under the Rule of Reason. This means the alleged agreement’s pro-competitive justifications (disregarding any potential environmental benefits) would be weighed against the anti-competitive effects, and these types of cases are often difficult for plaintiffs to prove.

Similarly, the complaint’s Section 7 challenge to the acquisition of a minority interest by different investors in different coal companies may be difficult to prove. The companies will likely point out that the investors are not alleged to have controlled any of the acquired companies, either individually or collectively, and if accepted, the claims would represent an expansion of the antitrust laws. Under either claim, any economic analysis of a but-for world would be complicated by competing industry trends and regulations.

Broader Implications for ESG and Antitrust

Certainly, it is possible to imagine ESG efforts that would raise significant antitrust concerns, given that ESG goals often require industry collaboration. Notwithstanding the best intentions, case law has held that an effort to achieve social good through collusion or unlawful agreements does not provide a defense, let alone immunity, to an antitrust challenge. Nat’l Soc’y of Pro. Eng’rs v. United States, 435 U.S. 679 (1978) (rejecting the argument that safety concerns justified an agreement among engineers not to quote prices before being hired); In Re Processed Egg Prod. Antitrust Litig., 851 F. Supp. 2d 867, 877 (E.D. Pa. 2012) (industry agreement to improve the quality of life for animals may be alleged to increase prices or reduce output).

Government regulation may be an answer when an industry-wide agreement is needed to achieve a societal goal, but it is an imperfect one. The Noerr-Pennington doctrine holds that anticompetitive effects caused by petitioning the government are immune from antitrust liability. The state action doctrine holds that state actors, including state regulatory boards dominated by industry participants, are generally not subject to antitrust scrutiny. A regulator may choose standards that are not ideal for the industry, and unlike voluntary standards, companies cannot opt out of government-enforced regulations.

The heightened scrutiny of ESG means that any ESG effort must be approached with great care and sensitivity toward antitrust. Trade organizations can be alleged to be conduits for sharing sensitive information, and statements about intentions to adhere to policies or standards can be interpreted as signals or invitations to collude, even when made publicly. Accordingly, the compliance rules applicable to trade associations and public announcements of intentions should be observed diligently when the topic is ESG.

Conclusion: A Case to Watch

Finally, while ESG aspirations have not yet been tested as a defense to antitrust claims, there is no basis in antitrust law for targeting ESG goals as inherently suspect or deserving of greater antitrust scrutiny than other industry self-regulatory efforts. Given the controversial nature of ESG, this case will certainly be followed closely.

Cohen & Gresser is honored to be named to Global Investigations Review’s GIR 100 for the sixth year in a row, reaffirming its position as a leading international law firm for cross-border investigations.

The GIR 100, a definitive guide to the world’s top firms for investigations, recognized Cohen & Gresser for its exceptional representation of high-profile individuals and companies. The firm was highlighted for its strong team of renowned lawyers operating in key jurisdictions worldwide. The GIR 100 is based on comprehensive submissions and rigorous independent research, identifying the top 100 firms globally that excel in government-led, internal, and cross-border investigations.

Cohen & Gresser’s White Collar Defense and Regulation practice, which spans its offices in New York, Washington, D.C., Paris, and London, is central to its continued success. The practice boasts a highly experienced Internal Investigations team that advises global clients, including corporations, boards of directors, special committees, and audit committees.

The team’s work encompasses the full spectrum of investigations, from responding to discrete, anonymous employee complaints to managing complex, wide-ranging investigations tied to ongoing litigation or regulatory and criminal scrutiny.

This recognition underscores Cohen & Gresser’s dedication to providing clients with sophisticated, strategic counsel in even the most challenging investigative matters.