Commercial Litigation

Our Chambers and The 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. Our Commercial Litigation group was recognized as Highly Regarded in Chambers USA 2022 with our attorneys being described as “very smart, highly experienced,” “very savvy regarding the practical aspects of commercial disputes,” and in possession of “superb judgement.” It has been further observed that the group is “noted for showing the ‘discipline and focus necessary to win a case.’”

Key Contacts

All Attorneys

Business Disputes

Obtained voluntary dismissal of tortious inference and conspiracy claims brought by oil and gas company against major bank following successful motion to transfer venue.

Represent major investment bank in defending against tortious interference and conspiracy claims brought by oil and gas company.

Represented major U.S. airline in successful litigation against one of the world’s largest hospitality companies, seeking expedited injunctive relief stemming from the breach of a joint marketing agreement between the parties.  Matter settled on highly favorable terms.

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Business Dissolution and Shareholder Disputes

Successfully represented individual partner in breach of fiduciary duty dispute regarding ownership of Manhattan apartment building.

Represent minority shareholder in breach of fiduciary duty lawsuit bringing both direct and derivative claims.

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Financial Litigation

Representation of Special Litigation Committee of the Board of Directors of a Fortune 500 software manufacturer on derivative claims brought in the name of the client corporation.

Represented court-appointed officer in three lawsuits against global banking institutions and large accounting firms arising out of the largest European bankruptcy in history.

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Construction and Real Estate

Representation of real estate development company in litigation against former officer regarding breach of contract and breach of fiduciary duty claims.

Obtained summary judgment enforcing foreign award in favor of senior mortgagor, dismissal of counterclaims, and appointment of receiver for midtown hotel.

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Insurance Disputes

Successfully obtained insurance coverage for real estate company sued in personal injury matter.

Successfully defended insurance company in arbitration with its former managing general agent concerning the agent’s transfer of the carrier’s municipal business to a competitor.

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Healthcare

Representation of four doctors in a medical partnership in a dispute with the remaining partners regarding the reorganization of the partnership.  Matter settled on favorable terms.

Representation of the CEO of a major hospital in a case arising out of the hospital’s actions against a physician who allegedly engaged in improper conduct.  Case was dismissed in its entirety.

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Cohen & Gresser partner John Roberti has been recognized as a Thought Leader in the Competition section of the Who’s Who Legal (WWL) guide, and partner Thomas Shortland has been recognized as a Future Leader in the guide’s Commercial Litigation section.

The Competition report “brings together the insight, expertise, and wisdom of some of the world’s foremost competition lawyers and economists in a single report.” John joins a distinguished group of lawyers and other professionals who, according to WWL, “are worthy of special mention owing not only to their vast expertise and experience advising on some of the world’s most significant and cutting-edge legal matters, but also their ability to innovate, inspire, and go above and beyond to deliver for their clients.”

The Commercial Litigation report provides an in-depth analysis of the foremost litigators around the world who are singled out for their outstanding ability within this contentious context.” Tom is included among “standout practitioners in the litigation field” that WWL identified as future leaders in the market.

Who’s Who Legal is an organization that identifies the leading legal practitioners and consulting experts in business law based on comprehensive, independent research. The individuals featured in the guide obtained the largest number of nominations from peers, corporate counsel, and other market sources.

In the just-published edition of Chambers USA, Cohen & Gresser earned multiple practice area and individual lawyer rankings, receiving praise for being “versatile and nimble” and “able to very quickly understand a complex problem and suggest a path forward.”

Cohen & Gresser’s White Collar Defense & Regulation practice is ranked in Chambers USA for the tenth consecutive year, maintaining its position as one of the “Elite” firms in Litigation: White-Collar Crime & Government Investigations. Chambers commentary highlights the group’s “wealth of governmental experience” and “expert financial services practice.”

Cohen & Gresser’s Commercial Litigation practice is again ranked in Litigation: General Commercial: Highly Regarded. The practice is recognized for its “strong, talented pool of litigators” and “experience handling a vast range of commercial cases.” Client commentary focused on the firm’s “incredibly high-quality, sophisticated work.”

Additionally, members of Cohen & Gresser’s Antitrust practice were named as Antitrust: Litigation Specialists. Partners throughout Cohen & Gresser’s US practices were recognized individually, including the following:

Antitrust: Litigation Specialists (DC)

Melissa H Maxman

John Roberti

Litigation: General Commercial (NY)

Lawrence T Gresser

Litigation: Securities (NY)

Mark S Cohen

Litigation: White-Collar Crime & Government Investigations (NY)

Jonathan S Abernethy

Mark S Cohen

Christian R Everdell

International law firm Cohen & Gresser is pleased to announce that ten of its New York-based lawyers have been recognized by their peers in the 2023 edition of the Best Lawyers in America. Selection in the 29th edition of the guide “is based entirely on peer review.” The survey process is “designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.”

Six C&G attorneys have been recognized by their peers as a “Best Lawyer” in their practice areas:

Four C&G attorneys have been recognized as “Best Lawyers: Ones to Watch” in their practice areas:
International law firm Cohen & Gresser has been recognized in The Legal 500 United States 2022 guide for “bringing excitement and innovation to the practice of law.” The 2022 guide recognizes more C&G lawyers and practice areas than ever before, including a 58% increase in individual attorney recommendations and new rankings at the practice and “Leading Lawyer” levels.

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
Recognized Individuals:

Antitrust: Civil Litigation/Class Actions: Defense

  • Melissa H Maxman
  • John Roberti
  • Ronald F Wick
Corporate Investigations and White-Collar Criminal Defense

  • Jonathan S Abernethy
  • Jason Brown
  • Mark S Cohen
  • S Gale Dick
  • Jeffrey I Lang
  • Melissa H Maxman
  • Reggie Schafer
General Commercial Disputes

  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
  • Melissa H Maxman
  • Daniel H Tabak
Securities Litigation: Defense

  • Jonathan S Abernethy
  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
About The Legal 500:

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.”

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  
International law firm Cohen & Gresser is pleased to announce that its Paris office has once again been recognized in The Legal 500’s 2022 Europe, Middle East, and Africa (EMEA) guide for its work in five practice areas: Commercial Litigation, Employment, IT and Internet, Stock Market Litigation, and Tax. The Legal 500 recognizes practices that are “providing the most cutting edge and innovative advice to corporate counsel.” Clients recognized C&G for its “ability to synthesise, analyse and argue matters” and noted that the firm “has an extensive technical track record and is able to support French and foreign clients” on all types of issues. Two C&G lawyers received top-level rankings and have been recognized as “Leading Individuals” in their respective practice areas. The full list of C&G lawyers recognized in The Legal 500 2022 EMEA guide includes:  
International law firm Cohen & Gresser today announced that leading litigator and trial lawyer Douglas J Pepe will join the firm as a partner in its New York office.

Doug brings over 20 years of experience representing corporations, financial services clients (including hedge funds and private equity funds), law firms, and other clients in complex commercial litigation. His practice focuses on high-stakes securities litigation, legal malpractice cases, insurance disputes, mass torts, class action defense, and legal issues in the blockchain and digital currency space.

“I’ve co-counseled with Cohen & Gresser in the past and am thrilled to be joining a talented team with exceptional trial capabilities, high-quality work, and excellent judgment,” said Doug. “I look forward to building my practice here and to working with my new colleagues around the world on complex commercial disputes, professional liability defense, and blockchain advisory work.”

Doug has successfully litigated tens of billions of dollars in claims involving a wide variety of complex issues, including playing a leading role on the Court-appointed Executive Committee charged with directing the subrogation and property damage claims arising out of the 9/11 terrorist attack.

“I’m delighted to welcome Doug to the firm,” said Lawrence T Gresser, co-founder and global managing partner of Cohen & Gresser. “We know him well and like and respect him very much. He is a first-rate litigator and will be integral in providing elite client service and guidance in areas that are important to our clients, including growing our commercial and securities litigation practices, our professional liability practice, and our blockchain and digital currency group.”

Prior to joining Cohen & Gresser, Doug was a partner at Joseph Hage Aaronson LLC, a preeminent litigation boutique. Doug is a member of the American Law Institute and a fellow of the Litigation Counsel of America. He also serves as a Professorial Lecturer in Law at The George Washington University School of Law, where he teaches blockchain law and technology.

U.S. News – Best Lawyers have once again recognized Cohen & Gresser among the Best Law Firms in the United States. As a testament to the firm’s capabilities and experience, the 2022 guide has honored Cohen & Gresser with multiple Tier 1 rankings in the New York region.

Cohen & Gresser has been nationally ranked as a Best Law Firm in two practice areas – Criminal Defense: White Collar and Commercial Litigation.

Additionally, the firm has been recognized in New York as a Best Law Firm in four practice areas – Criminal Defense: White-Collar, Product Liability Litigation – Defendants, Commercial Litigation, and Litigation – Securities.

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that collects data from clients, professional references, and attorneys currently recognized as Best Lawyers.

View the complete results of C&G’s rankings.

Reuters covered the recent summary judgment by the New York Supreme Court to dismiss allegations brought against Goldman Sachs & Co. LLC and two other Wall Street banks in a case alleging a boycott in violation of the Donnelly Act, New York’s antitrust statute.

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

International law firm Cohen & Gresser has been recognized by The Legal 500 UK for its “wide international reach” and “seamless collaboration” on cross-border investigations and disputes. Client commentary highlights C&G’s London office as “the go-to team for risk advisory” work and notes that clients should “instruct them before the other side does.”

C&G is recognized as a leading firm in the Regulatory Investigations and Corporate Crime (Advice to Corporates) category. The guide emphasizes the firm’s work with respect to the UK Serious Fraud Office (SFO) and notes that the team is “distinguished by its ability to draw on the expertise of experts in Washington, DC, New York, and Paris” for its multi-jurisdictional work. Clients highlight the team’s “astonishing depth of knowledge,” “strong connections to authorities,” and “razor-sharp analytical skills.”

The Legal 500 also recognized C&G in the Fraud: White-Collar Crime (Advice to Individuals) category. The guide notes that the firm is known for “housing a very strong team of white-collar crime specialists” who are “well-versed in representing senior executives and high-net-worth individuals” in all types of cases and investigations. Clients highlight the practice’s “terrific experience in the most high-profile and difficult cases” and praise the diverse experience each team member brings to the firm’s cases, including as city lawyers, ex-SFO prosecutors, solicitors from crime boutiques, and barristers.

C&G is also recognized as a leading firm in the Commercial Litigation: Mid-Market category. The guide recognizes the firm’s experience in complex, cross-border commercial litigation and highlights the team’s strength in financial services representations, particularly with respect to investment funds litigation and banking and financial services disputes. Clients applaud the practice as “well organized and accessible” and underscore the team’s ability to “give you a full picture” and “summarise the essential of what needs to be known.

In addition, Richard Kovalevsky QC has been recognized as a “Leading Individual” for Regulatory Investigations and Corporate Crime (Advice to Corporates). Richard, who joined C&G in November 2020, is described by clients as “clever and experienced” and a “major addition for the firm.”

Ranked Practice Areas:

  • Regulatory Investigations and Corporate Crime (Advice to Corporates)
  • Fraud: White-Collar Crime (Advice to Individuals)
  • Commercial Litigation: Mid-Market
Recognized Individuals:

  • John Gibson: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
  • Richard Kovalevsky QC: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
  • Jumana Rahman: Commercial Litigation: Mid-Market
  • Thomas Shortland: Commercial Litigation: Mid-Market; Regulatory Investigations and Corporate Crime (Advice to Corporates)
  • Tim Harris: Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
About The Legal 500: 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.”

International law firm Cohen & Gresser is pleased to announce that eight of its lawyers have been recognized in the 2022 edition of the Best Lawyers in America. Selection in the 28th edition of the guide is based entirely on peer-review surveys in which tens of thousands of leading lawyers evaluate their professional peers.

Five C&G attorneys have been recognized by their peers as a “Best Lawyer” in their practice areas:

  • Jonathan S. Abernethy – Criminal Defense: White-Collar
  • Thomas E. Bezanson – Commercial Litigation and Product Liability Litigation: Defense
  • Jason A. Brown – Criminal Defense: White-Collar
  • Mark S. Cohen – Criminal Defense: White-Collar
  • Evan Stewart – Litigation – Securities

Three C&G attorneys have been recognized as “Best Lawyers: Ones to Watch” in their practice areas:

  • Sharon L. Barbour – Criminal Defense: White-Collar
  • Winnifred A. Lewis – Commercial Litigation
  • Alexandra K. Theobald – Commercial Litigation

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

C&G successfully obtained the First Department’s affirmance of an order dismissing all claims against our client Fidelity Brokerage Services in a dispute stemming from the acts of convicted fraudster Andrew Caspersen, who allegedly deposited the proceeds of a fraudulent scheme into his trading accounts at Fidelity.

Andrew Caspersen was a prominent and wealthy investment banker who used his position at a reputable private equity firm to lure friends and family to invest in shell entities that he created purportedly to make investments in profitable, risk-free opportunities. In reality, Caspersen funneled the stolen funds from the shell entities to a personal trading account that he held at Fidelity. The brokerage firm ultimately terminated Caspersen’s account several months before Caspersen was arrested and charged with securities and wire fraud. After Caspersen’s guilty plea, his defrauded friends and family brought this suit, claiming that Caspersen’s deposits of their money from the shell entities to his personal trading account constituted fraudulent conveyances under New York’s Debtor and Creditor Law and that Fidelity was therefore liable for the funds that Caspersen stole.

The First Department held that Fidelity did not have dominion and control over the assets in Caspersen’s account so there were no conveyances subject to recovery under fraudulent conveyance law.  In addition, it held that Caspersen’s lack of good faith in deceiving his victims did not constitute a lack of good faith for purposes of fraudulent conveyance law. The First Department’s decision reaffirmed important principles of fraudulent conveyance law that protect financial institutions and, in turn, their innocent customers from the costs of unrelated frauds.

The C&G team consisted of Daniel H Tabak, David F Lisner, Nicole Dhir, Alexandra K Theobald, and Jeffrey Sherman.

International law firm Cohen & Gresser has received high praise in Chambers USA 2021 for its “outstanding service” and dramatic international growth that “further strengthens its handling of cross-border proceedings.” Chambers commentary highlights C&G as one of the “biggest [law firm] innovators of the last forty years” and recognizes the firm’s “red-carpet treatment” for clients and “high-quality lawyers” who are “responsive, knowledgeable and service-oriented.”

Ranked Departments:

  • Litigation: General Commercial: Highly Regarded
  • White-Collar Crime & Government Investigations: The Elite

Ranked Lawyers:

Intellectual Property: Patent Litigation: General Commercial Litigation: Securities White-Collar Crime & Government Investigations

Cohen & Gresser is pleased to announce that its Paris office has once again been recognized in The Legal 500’s 2021 Europe, Middle East, and Africa (EMEA) guide for its work in six practice areas: Commercial Litigation, Compliance, Employment, IT and Internet, Stock Market Litigation, and Tax. These practices were identified as “providing the most cutting edge and innovative advice to corporate counsel.” Clients recognized C&G as “extremely agile and user-friendly” and highlighted the firm’s “professionalism” and “pragmatic approach” when handling their most complex matters.

C&G achieved a Second Circuit victory for our client, Fidelity Brokerage Services, in a contract dispute involving a transfer of assets from a family partnership’s Fidelity brokerage account. The Second Circuit affirmed the District Court’s grant of summary judgment to Fidelity and held that Fidelity was not liable to the partnership for allowing one of the partnership’s members to transfer assets out of the partnership’s Fidelity account.

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.
U.S. News - Best Lawyers has once again recognized Cohen & Gresser among the Best Law Firms in the United States in its 2021 guide. C&G received national recognition as a Best Law Firm for Criminal Defense: White Collar and Commercial Litigation. The firm was also recognized as a New York Best Law Firm in four practice areas: Criminal Defense: White Collar, Commercial Litigation, Product Liability Litigation – Defendants, and Litigation – Securities.

Mark S Cohen, Jonathan S Abernethy, Jason Brown, C Evan Stewart, and Thomas E Bezanson were recognized in The Best Lawyers in America‘s 2021 New York listings. Mark, Jonathan, and Jason were recognized for white collar criminal defense; Evan for securities litigation; and Tom for commercial litigation and product liability litigation defense. Additionally, Sharon L Barbour, Winnifred A Lewis, and Nicole Dhir were recognized in the New York list of The Best Lawyers in America: Ones to Watch. Sharon was recognized for white collar criminal defense; Winnifred for commercial litigation; and Nicole for commercial litigation and securities litigation.

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.”

Chambers has recognized Cohen & Gresser in its 2020 USA guide for its achievements in General Commercial Litigation and White Collar Crime & Government Investigations. Chambers commentary highlights the firm's "thoroughness, quality, responsiveness, client care and availability,” noting that "the level of service is stellar, the work product is uniformly superb,” and that C&G is "a great firm with high quality across the board."

Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; Mark S Cohen for Securities Litigation and White Collar Crime & Government Investigations; and Lawrence T Gresser for Commercial Litigation.

Cohen & Gresser's Paris office has been recognized in The Legal 500’s 2020 Europe, Middle East, and Africa guide for its work in seven practice areas: Compliance, Commercial Litigation, Employment, Stock Market Litigation, Tax, White Collar Crime, and IT and Internet. Clients note that the team in Paris “shows great availability and responsiveness” and is “very effective in working through problems and understanding issues to reach reasonable resolutions.”

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a National Best Law Firm for white collar criminal defense and as a New York Best Law Firm for white collar criminal defense, commercial litigation, and product liability litigation defense. The Best Law Firms rankings are based on an in-depth review process and recognize professional excellence and strong ratings from clients and peers.
Cohen & Gresser announces the expansion of its disputes offering with the appointment of Jumana Rahman as Partner in the firm’s London office. Jumana will lead Cohen & Gresser’s UK commercial litigation practice. She has a particular focus on banking and financial services litigation and funds litigation, as well as judicial review claims. She brings over 20 years of experience acting for a range of clients in banking and financial services, investment and hedge funds, and large corporates, in proceedings in various jurisdictions including Antigua, the Bahamas, the British Virgin Islands, the Cayman Islands, the Channel Islands, Cyprus, Hong Kong, Singapore, and the U.S. Jumana also has extensive experience representing Middle Eastern and African clients in complex international matters.
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.
Mark S Cohen, Jason Brown, C Evan Stewart, and Thomas E Bezanson were recognized in The Best Lawyers in America's 2020 New York listings. Mark and Jason were recognized for white collar criminal defense; Evan for securities litigation; and Tom for commercial litigation and product liability litigation defense.
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.”

Chambers has again recognized C&G for its excellence in General Commercial Litigation, Securities Litigation, and White Collar Crime & Government Investigations. Chambers notes C&G’s “strong commitment to client service” and “top-quality advice,” labeling the firm as “outstanding.”

Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; and Mark S Cohen for General Commercial Litigation, Securities Litigation, and White Collar Crime & Government Investigations.

Cohen & Gresser's Paris office has been recognized in The Legal 500’s 2019 Europe, Middle East, and Africa guide for its work in seven separate practice areas: Compliance, Commercial Litigation, Employment, Stock Market Litigation, Tax, White Collar Crime, and IT, Telecoms and the Internet. Clients note that the team in Paris is “solution driven” and has the “ability to deliver a holistic approach, from providing strategic analysis to delivering concrete action plans and execution,” with “strong technical and interpersonal skills."

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal defense, commercial litigation, and product liability litigation defense. The Best Law Firms rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.
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.
Mark S Cohen and Thomas E Bezanson were recognized in Best Lawyers in America's 2019 New York listings – Mark for white collar criminal defense and Tom for commercial litigation and product liability litigation defense. This is the sixth year in a row Mark has been recognized by Best Lawyers, a publication that completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.
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.

Chambers has recognized Cohen & Gresser in its 2018 USA guide. The firm is recognized for its excellence in General Commercial LitigationSecurities Litigation, and White-Collar Crime & Government Investigations.

Chambers notes that C&G is "a very high-quality firm" with "very smart, very capable people who are very dedicated to their clients," and that C&G attorneys "have great judgment and are excellent lawyers."

Chambers also recognized the following individuals:

Jonathan S Abernethy for White-Collar Crime & Government Investigations, Karen H Bromberg for Intellectual Property: Patent, and Mark S Cohen for Securities Litigation and for White-Collar Crime & Government Investigations.

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal defense and commercial litigation. The Best Law Firms rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.
Mark S Cohen and Thomas E Bezanson were recognized in Best Lawyers in America's 2018 New York listings – Mark for white collar criminal defense and Tom for commercial litigation and products liability litigation defense. This is the fifth year in a row Mark has been recognized by Best Lawyers, a publication that completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.
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.
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.
Mark S Cohen and Thomas E Bezanson were recognized in Best Lawyers in America's 2017 New York listings – Mark for white collar criminal defense and Tom for commercial litigation. This is the fourth year in a row Mark has been recognized by Best Lawyers, a publication that completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.
Cohen & Gresser is pleased to announce the expansion of the firm's Litigation & Arbitration practice, as partner Ronald F Wick and associate Erica Lai have joined our Washington, D.C. office. Ron's practice focuses on litigation concerning trade regulation, antitrust, and commercial disputes. He was previously a partner in Cozen O'Connor's  Washington, D.C. office. Erica's practice focuses on complex commercial litigation, including antitrust, False Claims Act, administrative law, copyright litigation, and breach of contract. Prior to joining the firm, Erica was a senior associate at Covington & Burling LLP.

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.

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Paris partners Johannes Jonas and Angéline Duffour speak to French news website, www.Finyear.com, about major employment, commercial law and tax obstacles to foreign investment in France and the attempts made by the French government to address the issues.

Paris office attorneys Johannes Jonas, Angéline Duffour, and Anna Milleret-Godet speak to Affiches Parisiennes about major employment, commercial law and tax obstacles to foreign investment in France, and about attempts by the French government to address the issues.

Paris M&A partner Johannes Jonas is interviewed about major employment, commercial law and tax obstacles to foreign investment in France, and about attempts by the French government to address the issues.

Paris office attorneys Johannes Jonas, Angéline Duffour, and Anna Milleret-Godet speak to Les Annonces de la Seine about major employment, commercial law, and tax obstacles to foreign investment in France, and about attempts by the French government to address the issues.

What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud?
  • Earlier this month, the Court of Appeal overturned the previous decision of the High Court in Philipp v Barclays Bank UK Plc.
  • The claim concerned the liability of Barclays Bank for carrying out transfers that constituted an ‘authorised push payment’ fraud on Mrs Philipp – transfers that were requested and authorised by her, but induced by a third party through the use of fraudulent representations.
  • Mrs Philipp had argued that Barclays was liable for her losses because of its failure to comply with its Quincecare duty – a duty that has risen to prominence as a result of several high-profile cases in recent years.
In this client alert, Jumana Rahman and Lottie Ritchie explain what a Quincecare duty is, take a brief look at recent cases applying it, and discuss what Philipp v Barclays could mean for future cases concerning the scope of the duty.
Paris office attorneys Johannes Jonas, Angéline Duffour, and Anna Milleret-Godet speak to Les Annonces de la Seine about major employment, commercial law, and tax obstacles to foreign investment in France, and about attempts by the French government to address the issues.
As we have previously noted, exclusive forum bylaws potentially offer protection from the risks of multi-jurisdictional litigation.  Recent developments include the withdrawal of an appeal from a Delaware Court of Chancery decision that found such bylaws facially valid and additional feedback from proxy advisory firms.  This alert provides an overview of questions that remain unresolved and provides guidance to companies and stockholders considering exclusive forum bylaws.

The SEC’s new offering rules can be expected to result in significant changes in private capital markets.  The rules also contain some due diligence pitfalls and come with the possibility of greater regulation of unregistered offerings in the future.

A dissection of the standards which govern the valuation of private equity assets and the impacts of recent legal developments.

This alert examines how counsel for non-party individuals or entities subject to arbitration subpoenas can protect their clients.

When it comes to preparing for a successful deposition, substance is equally important as procedure and it is important for young lawyers to not get so caught up in the procedural planning they neglect the substantive planning. This article offers four touchstones to help guide young lawyers successfully through the planning and execution of their first deposition.

C Evan Stewart chaired a Practising Law Institute CLE program, titled “Ethics for Commercial Litigators 2020,” which reviewed complex ethical issues and relevant case law arising out of commercial litigation.
Speakers include: C. Evan Stewart, Helen V. Cantwell, Michael J. Dell, Susan J. Kohlmann.
Evan Stewart will be on this panel for commercial litigators, covering new developments in confidentiality, the attorney-client privilege, and the attorney work-product doctrine, exposure to civil liability, and a bevy of other issues s surrounding ethics for commercial litigators.
Drawing prominent commercial litigators, this panel addresses ethical issues including new developments in confidentiality, the attorney-client privilege, and the attorney work-product doctrine. Additional topics cover conflicts, e-discovery, no-contact rules, and whistle-blower remedies.

Discussing current litigation issues stemming from shareholder activism and activist investing, this panel consists of business and securities litigators with extensive experience representing both hedge funds and other investors, as well as target corporations and their boards of directors. Shareholder activism is on the rise, as sophisticated activists—including large, well-funded hedge funds—undertake well-organized activist campaigns. Increasingly, the activist campaign has moved from the boardroom to the courtroom, as activists and target companies challenge each other’s conduct. We will address litigation strategies to be deployed by activists and target companies during the activist campaign and the subsequent proxy contest.