Securities Litigation

The firm has extensive expertise in all aspects of securities, shareholder, and derivative litigation.  We have a deep understanding of complex financial products and the operations of the financial services sector, and we frequently represent broker-dealers, investment advisors, hedge funds, and private equity funds in securities litigation and FINRA arbitrations. Our Chambers and The Legal 500-recognized Securities Litigation group has successfully represented clients in connection with the prosecution and defense of claims brought under the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisors Act of 1940, myriad SEC and FINRA regulations, and various state securities laws. The Legal 500 has noted that our Securities Litigation group is comprised of “very strong practitioners” who possess “great talent, depth, good judgement.”

Our recent engagements include the defense of billion-dollar mortgage-backed securities class actions, the successful representation of a major broker dealer in multiple FINRA arbitrations related to the sales and marketing of auction rate securities, the representation of issuers and their senior executives in connection with claims of improper disclosure and securities fraud, and the representation of clients in litigation related to bond offerings. The Legal 500 describes our securities litigation group as “superb litigators who have substantial experience trying complex cases” and notes the firm’s “extremely high-quality work.” C&G is equipped to effectively handle the most complex securities cases in a manner that provides superior and cost-efficient results for our clients.

In addition to representing clients in over one hundred securities arbitrations, we recently authored a FINRA Arbitration and Enforcement treatise for Bloomberg BNA. It examines proceedings involving FINRA in its dual capacities as a forum for dispute resolution and as a securities industry regulator.

Key Contacts

All Attorneys

Federal and State Court Securities Litigation

Obtained dismissal and subsequent Second Circuit affirmance of Section 16(b) litigation against major investment bank in case of first impression.

Represent former employee of investment bank in SEC investigation of mortgage-backed securities.

Representation of leading U.S. broker-dealer in defense of federal class action litigation arising out of offering of approximately $700 million of RMBS mortgage pass-through certificates.  Matter settled on terms favorable to client.

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FINRA/NASD Arbitrations

Representation of a major U.S. broker-dealer in connection with a series of FINRA arbitration proceedings arising out of the sale of auction rate securities and the subsequent collapse of the auction rate securities market.  Completed arbitrations have resulted in three outright victories for the client, resulting in denial of claims seeking aggregate damages in excess of $250 million.

Successfully represented claimants in eight-week FINRA arbitration of claims of more than $280 million related to complex structured securities.

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The 2024 edition of Best Law Firms has named Cohen & Gresser to its national lists for white-collar criminal defense and securities litigation, and to its New York City metropolitan lists for white-collar criminal defense, product liability defense, and securities litigation.

The firm’s rankings are:

National Tier 2: Criminal Defense: White-Collar

National Tier 3: Litigation - Securities

Metropolitan (New York City) Tier 1: Criminal Defense: White-Collar; Product Liability Litigation - Defendants

Metropolitan (New York City) Tier 2: Litigation - Securities

Since 2010, Best Law Firms has conducted in-depth research analyzing feedback from clients and professional references, information submitted by firms, lawyer evaluations collected in conjunction with Best Lawyers, and interviews with industry leaders to rank and recognize firms for excellence in various practice areas.

Cohen & Gresser is pleased to announce that 29 of the firm's lawyers are included on the 2023 New York Metro Super Lawyers list and 11 lawyers are included on the 2023 New York Metro Rising Stars list across a range of practice areas.

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:

The C&G lawyers recognized on the New York Metro Rising Stars list are:

Best Lawyers in America recognized 14 Cohen & Gresser lawyers in its newly-published 2024 guide. The publication—now in its 30th edition—evaluates and selects lawyers 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 are recognized by their peers as “Best Lawyers” in their practice areas:

Eight attorneys are recognized as “Best Lawyers: Ones to Watch” in their practice areas:

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 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 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.

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 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 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.”
A C&G team consisting of Daniel H Tabak, David F Lisner, and Lauren J Salamon achieved a complete dismissal of all claims against our client Fidelity Brokerages Services in a dispute stemming from the acts of convicted fraudster Andrew Caspersen, who allegedly deposited the proceeds of his fraudulent scheme into his trading accounts at Fidelity.

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 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.

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.

Partner C Evan Stewart is quoted in The New York Times regarding the SEC’s decision to rehear cases as a result of a Supreme Court decision. 

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.

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.
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.
The Legal 500 has recognized Cohen & Gresser for its achievements in securities litigation and white collar criminal defense in its recently released 2016 U.S. guide. The guide notes C&G's "outstanding" white collar defense group and its "seasoned securities professionals who are smart, aggressive, and yet user-friendly."

We are pleased to announce that the firm and four of its partners are recognized in the 2016 Chambers USA legal directoryThis year's directory recognizes the firm in White Collar Crime & Government Investigations, Securities Litigation, and Patents. Read more

Cohen & Gresser is pleased to announce the expansion of the firm's litigation and arbitration and white collar defense practice groups with the addition of partner Stephen Sinaiko to our New York office.

We are pleased to announce that twenty-two of our New York-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. 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 New York receive this honor.

Goldman Escapes MBS Class Action Over Lack Of Evidence.

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. 

On Wednesday January 21st, 2014, the U.S. Securities and Exchange Commission slapped Standard & Poor’s with a one-year suspension from rating certain mortgage-backed securities as part of a $77 million settlement over alleged fraudulent misconduct in past ratings. Here, C&G Partner C Evan Stewart weighs in on why the settlement is significant.

Cohen & Gresser has been ranked as a "Recommended" New York law firm in the 2015 edition of Benchmark Litigation.   In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, C Evan Stewart, and Karen H Bromberg were all individually recognized by the publication.  Benchmark Litigation is a leading guide to top litigation firms and attorneys in the United States and bases its rankings on extensive face-to-face interviews around the country over a six-month period with the nation's leading private practice attorneys and in-house counsel. 

We are pleased to announce that twenty-four C&G 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 C&G partner Karen H Bromberg to its list 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. Fewer than five percent of all lawyers in New York receive this honor. View all rankings

The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2014 guide. Legal 500 noted that the firm is "young and nimble," naming Mark S Cohen as the leader of a team of "experienced lawyers who work at a more palatable price than competing firms."  Lawrence T Gresser and Daniel H Tabak are also recommended in light of their successful dismissal of a short swing profits case for Goldman Sachs, and C Evan Stewart was highlighted in the report as an "incredible trial lawyer with big case experience."

C&G's managing partner Lawrence T Gresser and other top Manhattan attorneys, weigh in on why the decision in Halliburton Co. et al. v. Erica P. John Fund is significant.

A recent ruling in favor of Cohen & Gresser client Peter Black marked the end of one of the longest SEC's trials in history.  AmLaw's Litigation Daily recognized this victory by naming Mark S Cohen as a "Litigator of the Week". 

Top New York litigators weigh in on the Second Circuit's SEC - Citigroup ruling. C&G partner C Evan Stewart was among those quoted. 

Law360 speaks to C&G partner Evan Stewart about the Second Circuit's reversal of Judge Rakoff's rejection of the SEC's settlement with Citigroup Inc. 

On Friday, May 30, 2014, a Cohen & Gresser trial team led by Mark S Cohen and Jonathan S Abernethy won a major trial victory on behalf of its client, Wynnefield Capital Inc. analyst Peter Black, in an insider trading case brought by the SEC. 

Chambers USA ranked Cohen & Gresser's White Collar Defense group and listed its Securities Litigation group as a Recognized Practice. In its analysis, Chambers USA commented that the firm is "[n]oted for its litigation capabilities across the full spectrum of industry sectors" and has a "[r]espected white-collar crime and government investigations practice." 

Mark S. Cohen is ranked in the White-Collar Crime & Government Investigations category, has been described as being an "effective advocate and very effective at counseling a client through a very difficult investigative process."  Jonathan S Abernethy, also ranked in the White-Collar Crime & Government Investigations category, received praise for his "excellent knowledge of the law."

Cohen & Gresser is defending an individual accused of participating in an insider trading scam in a long-standing case brought by the SEC.  Law360 covered the beginning of the trial and Partner Mark S. Cohen’s opening statement.

Former portfolio manager Mathew Martoma of SAC Capital Advisors was recently found guilty of engaging in what's been dubbed as 'the most lucrative insider trading scheme in U.S. history'.  C. Evan Stewart weighs in on how Martoma's eventual cooperation with authorities came way too late in the game.

Law360's coverage of the recent Second Circuit ruling which affirmed Wednesday that Goldman Sachs Group Inc. won't have to disgorge nearly $2 million in short-swing trade profits of Leap Wireless International Inc. derivatives, finding Goldman wasn't a statutory Leap insider when it purchased the options in question.

C&G Further Expands Financial Litigation Practice with Addition of Top Securities Litigator C Evan Stewart.

 

C Evan Stewart's partnership at Cohen & Gresser has been covered in the following publications:

 

New York Law Journal, January 7, 2014.

The Deal, January 7th, 2014.

In a bylined article for Law360, C Evan Stewart analyzes why Justice Brett Kavanaugh may not be a likely ally to the SEC in pending Supreme Court challenges to in-house agency judicial proceedings, drawing upon Kavanaugh’s past rulings in similar cases.

Daniel H Tabak and Drew S Dean discuss the opinion of Magistrate Judge Gorenstein of the Southern District of New York in Revive Investing LLC v. FBC Holdings S.A.R.L. After finding that a prior settlement agreement between the defendant and different plaintiffs was valid and contained a release that precluded the claim at issue, Judge Gorenstein recommended the grant of summary judgment to the defendant in a Section 16(b) “short-swing profit” action. Dan and Drew go on to explore the future implications of Judge Gorenstein’s opinion and explain what this will mean for Section 16(b) litigants going forward.

In his most recent column for the New York State Bar Association’s NY Business Law Journal, C Evan Stewart considers the context and consequences of the Supreme Court’s ruling on Lorenzo v. S.E.C. and its impact on lawyer liability.
Daniel H Tabak and Drew S Dean discuss the Second Circuit's dismissal of the Section 16 "short-swing profit" claims against the client of an investment advisory firm that was itself subject to Section 16(b) liability in Rubenstein v. Int’l Value Advisers, LLC. They go on to examine the question of whether a family of hedge funds with a combined holding of over 10% of an issuer may similarly avoid short-swing trading liability under Section 16 even if the funds are all managed by the same advisor.

This C&G Client Alert examines the proposed Insider Trading Prohibition Act recently unanimously approved by the Financial Services Committee of the U.S. House of Representatives. If the bill becomes law, it would simplify an inherently complex legal area, but might also lead to regulators and prosecutors bringing more insider trading cases.

Partner C Evan Stewart examines Lorenzo v. S.E.C. in his latest article for the New York Law Journal.

In his latest article for the NY Business Law Journal, C Evan Stewart explores the attorney work product doctrine as it relates to investigations by the Securities and Exchange Commission and other government agencies.

This article appeared in NY Business Law Journal, Summer 2018, Vol. 22, No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.

Christian R Everdell analyzes the potential implications of the regulation of cryptocurrency as a result of Ryan Coffey v. Ripple Labs, Inc. in his latest article for Law360

Even start-ups are being disrupted! In this article, C&G counsel Christian Everdell examines the SEC’s role in regulating Initial Coin Offerings.

Sharon L Barbour discusses the potential ramifications of the U.S. Supreme Court's decision in Cyan, Inc. v. Beaver Cty. Employees Ret. Fund in The CLS Blue Sky Blog, Columbia Law School’s publication on corporations and capital markets. The case addresses the question of whether state courts have subject matter jurisdiction over class actions under the Securities Act of 1933.

C Evan Stewart examines the judicial development that affected the conflicting dictates between state law and the rules and regulations promulgated by the Securities and Exchange Commission after the Sarbanes-Oxley Act of 2002 went into effect.

Newly revised Regulation A, dubbed Regulation A+, is designed to help smaller companies raise funds in public markets.  This articles explores some opportunities offered by this regulatory innovation.

Lawyers who represent public companies are faced with a problem about which most are clueless. In a number of states (including New York), lawyers’ confidentiality obligations are at odds with the requirements mandated by the U.S. Securities and Exchange Commission. Is there a way out of this conundrum? Mr. Stewart attempts to get to the bottom of this matter in his latest article in the New York Law Journal.

After clearing a last minute hurdle, Regulation A+ became effective on June 19, 2015.  The new SEC regulation is designed to facilitate a mini-IPO market for U.S. and Canadian companies that are not yet ready to do a full registered offering.  On June 16, 2015, the SEC refused to stay the implementation of the regulation during the pendency of litigation in the U.S. Court of Appeals for the D.C. Circuit, where the Montana state auditor and commissioner of Securities and Insurance, together with the Massachusetts Secretary of the Commonwealth, seek to challenge the new rule’s preemption of state securities laws for certain offerings.

Recent developments in insider trading cases have shown the limitations on prosecutions and Securities and Exchange Commission (SEC) enforcement actions, particulalry those involving chains of tippers and tippees charged with receiving and trading on material, non-public information. This article addresses how recent trial and appellate outcomes highlight limitations for insider trading cases and will suggest some resulting practice implications. 

This article addresses the lower courts’ application of the Supreme Court’s recent class action securities decision in Halliburton Co. v. Erica P. John Fund, Inc., 134S.Ct. 2398, 2412 (2014), which permits defendants to rebut fraud-on-the-market reliance at the class certification stage.  The article will also seek to provide securities litigators with the lay of the land post-Halliburton.

The SEC has recently undertaken a review of its principal regulations for periodic reporting by publicly traded companies, in response to claims that the reporting process has become overly burdensome and that investors are blinded by “disclosure overload” that makes it difficult to discern the important facts within a mass of detail.  If the regulations were re-written today, they would undoubtedly focus on some different issues.  But the key to more effective disclosure lies in better presentation.  Companies can (and sometimes do) present information in easy-to-understand formats, and they should be encouraged to do so.  In addition, the SEC has a chance to make its website more user-friendly for investors, and it should seize this opportunity to do so.

In a further analysis of Judge Rakoff’s multi-year attempts to discourage the SEC from seeking federal courts to put their imprimatur on regulatory settlements, Mr. Stewart questions whether the Second Circuit’s opinion was truly a “loss” for Judge Rakoff; indeed, it would appear that the Judge may well achieve what he wanted in the first place.

Judge Jed Rakoff’s skirmishes with the SEC over the approval of settlements reached a head earlier this year when the Second Circuit vacated one of the Judge’s orders rejecting a Citigroup/SEC settlement. The Judge on August 5, 2014 reluctantly complied with the higher court’s ruling. C. Evan Stewart discusses the dynamics of these judicial decisions and what was really at issue.

In this article, Stewart reviews the rules and regulations promulgated by the U.S. Securities and Exchange Commission to govern attorney conduct in response to congress’s passing the Sarbanes-Oxley legislation in 2002, and juxtaposes those rules and regulations with conflicting ethical standards enacted by the states. He then, based upon a recent decision of the Second Circuit Court of Appeals, predicts the likely outcome of preemption litigation that will one day ensue as a result of the conflict. 

The U.S. Supreme Court granted cert on Halliburton’s petition for challenging the Basic v. Levinson precedent on fraud-on-the-market theory.  What are the arguments on both sides of this issue and what will the Court likely hold? This article will explore arguments on both sides of this issue and it's potential impact to certification of securities fraud class actions.

The SEC has recently signaled a renewed focus on the investigation and prosecution of accounting fraud with the creation of a Financial Reporting and Audit Task Force.  The Task Force will use sophisticated computer algorithms to mine financial filings looking for potential irregularities.  The SEC is expected to take a close look at companies particularly in the technology sector, and at revenue recognition.  The article examines recent public statements and SEC enforcement actions that help provide clues to the SEC’s renewed focus in this area.

 

Because of the whistleblower provisions of federal statutes such as Dodd-Frank, recent case law, and various articles written on this subject, there has been a fair amount of disinformation as to whether lawyers are free to rat on their clients and then also profit thereby. This article explores related concepts with intentions of determining what is right.

Regardless of which side ultimately benefits, the Supreme Court's message for antitrust litigants is clear: Class action is an exception to the usual rule.

Will proposed Regulation A+ result in a vibrant public market for smaller company stocks, or will it remain unused like current Regulation A? The proposed regulation would exempt offerings of up to $50 million of securities annually from the registration requirements of the Securities Act, an increase from the current limit of $5 million within a 12-month period.  

Dell’s board of directors played a starring role in helping Michael Dell defeat the legal challenge of taking Dell Inc. private in a $25 billion dollar buyout. The committee’s role in protecting the transaction is a text book lesson on navigating complex transactions.

 As a result of the Delaware Chancery Court's decision in Kallick v. Sandridge Energy, Inc., corporate boards will now be hard-pressed to avoid approving the proposed slate of insurgent directors.

When a sovereign nation defaults, investors in its debt securities are often left without recourse. NML Capital, Ltd. v. Republic of Argentina is reimagining, and may even protect, the rights of U.S. corporations holding foreign sovereign debt.

A series of recent decisions suggest that courts are actively considering the practicality of the fraud-on-the-market doctrine, which has historically been one basis for argument by plaintiffs in securities class actions.

Corporations of all sizes, public and private, are susceptible to shareholder derivative suits. Fortunately, recent decisions from the Delaware courts suggest at least two mechanisms counsel can employ to limit exposure to derivative litigation in multiple forums and to minimize the burden of those cases.

With interest rates at historic lows and the economy slowly strengthening, leveraged buyouts (“LBOs”) remain a popular means of corporate recapitalization.  But a spate of recent litigation has signaled that the predictable LBO benefits traditionally available to tendering shareholders may be in jeopardy.  This article explores the recent decision in In re Tribune Fraudulent Conveyance Litigation, which provided the most comprehensive examination of various LBO issues, to date.

Mr. Stewart talks about how the SEC has suffered serious blows when it was forced to be an advocate in the federal courts.

A discussion of the amendment to Section 12(g) of the Securities Exchange Act and its impact on investment in non-reporting entities.

Bonnie J. Roe participated in a panel titled "Undertaking a Private Placement Transaction" at Practising Law Institute's "Private Placements and Hybrid Securities Offerings 2020" program.
C. Evan Stewart will speak at a Practising Law Institute CLE program, titled “Securities Litigation 2020: From Investigation to Trial.” The program examines the issues that can arise in the most complex securities matters and will update practitioners on the latest best practices and case law.
C Evan Stewart discussed "Human Nature and Securities Disputes" at a New York State Bar Association webcast, titled "Securities Arbitration 2020: Deep Dive."
Partner C Evan Stewart participated on a panel addressing the different perspectives and special considerations for securities litigations and arbitrations at the Practising Law Institute’s “Securities Litigation: Trial of the Civil Action or Arbitration” program.
Partner Stephen Sinaiko will be on a panel addressing the fundamentals of a securities claim, existing precedent and evolving theories, as well as present an overview of the legal issues and strategic considerations that inform the filing of a securities class action at a New York City Bar CLE program.
Practising Law Institute: "Securities Litigation 2017: From Investigation to Trial"
This program guides participants through issues that can arise in the most complex securities matters — from the initial government investigation to the filing of the civil cases to either settlement or trial. The expert panel consists of leading practitioners, government officials, and judges, providing updates on the latest best practices and case law.
This course will examine the legal principles surrounding extraterritorial application of U.S. criminal law and its limitations.  It will also cover methods U.S. prosecutors use to gather evidence overseas, as well as general principles of law concerning extradition of foreign nationals.
During this program, hosted by the Practising Law Institute, C Evan Stewart and other expert faculty will review and provide practical guidance on current ethical issues faced by attorneys in banking and financial services.
This program guides participants through issues that can arise in the most complex securities matters — from the initial government investigation to the filing of the civil cases to either settlement or trial. The expert panel consists of leading practitioners, government officials, and judges, providing updates on the latest best practices and case law.   Click here for more information and to register.