Cohen & Gresser’s Washington, D.C. office handles a range of commercial litigation and regulatory enforcement actions, with a focus on domestic and foreign antitrust issues. Our attorneys advise clients on all aspects of U.S. antitrust law, including criminal and civil litigation matters, as well as compliance and regulatory matters in the federal agencies.
The Washington, D.C. office is led by Melissa H Maxman, a partner in the firm with nearly three decades of experience advising domestic and foreign corporations on global antitrust issues. Ms. Maxman is licensed to practice law in the District of Columbia, the State of Maryland, and the Commonwealth of Pennsylvania.
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.
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.”
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.”
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 Maxman moderated this event.
Melissa Maxman was a panelist at this event.