Antitrust and Competition

Our Antitrust & Competition team helps clients solve problems on the full range of issues related to competition law, including government investigations, cartel defense, private civil litigation on behalf of both plaintiffs and defendants, and complicated merger clearance matters. Our deep knowledge of the antitrust agencies allows us to guide clients through the most complex investigations and issues. We also work seamlessly across offices and borders to help clients with multi-jurisdictional investigations. While our focus is always on practical solutions, we call on a team of experienced trial lawyers to ensure our clients’ rights are protected at all stages.

  • Government Investigations. Our lawyers understand how the antitrust agencies work, which allows them to help clients on some of the most complex government investigations. We represent both complainants and respondents in these investigations. We have particular strength in helping companies navigate parallel government and civil actions, working with them to determine the most advantageous litigation strategy when facing criminal and civil actions relating to the same conduct.
  • Cartel Defense. Our team of experienced cartel lawyers defends companies and individuals in criminal investigations. Our combination of white collar experience and knowledge of the Department of Justice (“DOJ”) allows us to achieve great results for our clients. We are skilled negotiators, but stand ready to try cases with an experienced trial team
  • Private Litigation. Our attorneys have decades of experience litigating civil antitrust disputes, including defending clients in class action suits and litigating disputes among companies relating to allegations of monopolization and other unilateral exclusionary conduct. We also have significant appellate experience in competition matters.
  • Merger Clearance and Counseling. Our group regularly assists companies in evaluating antitrust concerns that arise in the regular course of business or when evaluating potential mergers, acquisitions, and other transactions with competitive implications. We regularly draft, implement, and advise on antitrust compliance and training programs and advise clients with respect to the potential impact of proposed antitrust legislation and regulations.
  • Thought Leadership. Our attorneys are leaders in the development of antitrust doctrine. They are leaders of the American Bar Association Antitrust Law Section, the Inn of Courts and are recognized by the leading rankings including Chambers and The Legal 500. We also help clients navigate compliance with antitrust and competition laws and advise on pending antitrust legislation and regulations that could impact their businesses.

Key Contacts

All Attorneys

Government Litigation and Investigations

  • Represent an innovative technology company in connection with DOJ antitrust litigation against Google.
  • Represent a media company regarding an investigation involving anticompetitive conduct by a large technology company.
  • Represent a commodities company concerning an investigation in Eastern Europe.
  • Represent a customized promotional products company in connection with an FTC investigation into allegedly false country-of-origin claims.

Cartel Defense

  • Represent a seafood company regarding a criminal investigation into price fixing.
  • Represent a shipping company concerning criminal and civil antitrust litigation related to allegations of price-fixing and bid-rigging.
  • Represent an individual in the generic pharmaceutical industry with regard to an investigation by federal and state authorities.
  • Represent a commodities company in a cartel investigation in Latin America.
  • Represent an individual in a federal investigation into bid-rigging on federal contracts.

Private Litigation

  • Represent a seafood company concerning multi-jurisdictional litigation in In Re Packaged Seafood MDL.
  • Represent a pharmaceuticals company in regard to an alleged pay for delay scheme in In Re Namenda MDL.
  • Represent a leading financial institution in antitrust litigation alleging a group boycott among major investment banks.
  • Represent the world’s largest auto parts manufacturer in multi-jurisdictional litigation in In Re Auto Parts MDL.
  • Represent an electronics manufacturer with regard to a multi-jurisdictional litigation in In Re Lithium Ion Batteries MDL.
  • Represent an electronics manufacturer regarding multi-jurisdictional litigation in In Re Cathode Ray Tubes MDL.
  • Represented a multi-employer collective bargaining association that was joined in an antitrust challenge to a provision in collective bargaining agreement; obtained complete dismissal for all defendants after co-defendant labor union had been denied summary judgment.

Merger Clearance and Compliance

  • Represent a commodities company concerning a potential acquisition of a key competitor.
  • Represent an energy company regarding a purchasing joint venture with a potential competitor.
  • Represent a professional services company with regard to benchmarking its compliance program.
The Legal 500 United States 2024 edition has recognized Cohen & Gresser’s New York and Washington, D.C. offices for excellence across multiple categories, including Antitrust LitigationCorporate Investigations and White-Collar CrimeCommercial Litigation, and Securities Litigation. Testimonials included in the guide praise the firm for being a “litigation powerhouse” and for its “devotion to the needs of the clients, its creativity, and its perseverance.”

Mark Cohen is once again recognized as a Leading Partner in both Securities Litigation and Corporate Investigations & White-Collar Crime: Advice to Individuals.

The 2024 guide also recognizes Lawrence T. GresserJonathan AbernethyJason BrownS. Gale Dick, Christian EverdellJeffrey Lang, Alisa LuMelissa MaxmanDouglas PepeJohn RobertiDaniel Tabak, and Ronald Wick as recommended lawyers.

This 17th edition of The Legal 500 United States guide, which identifies the “true superstars of the profession,” 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.

Founded in 2002, Cohen & Gresser’s New York office serves as the firm’s headquarters. Our New York attorneys are particularly strong in complex litigation, investigations, and 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.

Cohen & Gresser earned multiple practice area and individual lawyer rankings in the 2024 edition of Chambers USA, receiving high praise for having an “incredible collection of brilliant, hard-working lawyers” who are “focused on providing clear and easy to understand guidance and advice."

The firm’s White Collar Defense & Regulation practice is once again ranked in the guide, maintaining its position as one of the “Elite” firms in the Litigation: White-Collar Crime & Government Investigations category. Chambers recognized the firm’s “strong regulatory investigations and enforcement practice,” specifically highlighting its “expert financial services practice which offers particular strengths in FINRA and SEC proceedings.” Client feedback praises the team for its “strong expertise with the DOJ and with prosecutors.”

The Commercial Litigation practice is also ranked in the Litigation: General Commercial: Highly Regarded category, receiving high praise from clients for having a “strong understanding of the client’s needs” and for being “smart, creative and willing to try difficult strategies and aggressive approaches.”

The firm’s Antitrust & Competition practice is ranked in the Antitrust category, with Chambers noting that “Cohen & Gresser houses a strong practice across a range of antitrust disputes [including] sophisticated litigation.” Client feedback praises the team for being “creative and responsive” and having “strong knowledge of antitrust class actions.”

Partners throughout Cohen & Gresser’s US practices also earned individual rankings in the following categories:

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

Jason Brown

Mark S Cohen

Christian R Everdell

Chambers is the world’s leading legal data and analytics provider, highlighting the top lawyers and law firms across the USA based on in-depth research that includes reference feedback, client satisfaction, reputation in the market, peer knowledge, and other discreet independent market sources.

Cohen & Gresser's Washington, D.C. lawyers have been recognized in the 2024 Super Lawyers guide.

Each year, Super Lawyers identifies outstanding lawyers nationwide and regionally who have attained a high degree of peer recognition and professional achievement. Only 5 percent of lawyers are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars. This latest guide recognizes 100 percent of our D.C. partners and associates.

The C&G lawyers recognized as Washington, D.C. Super Lawyers are:

The C&G lawyers recognized as Washington, D.C. Rising Stars are:

International law firm Cohen & Gresser announced today that Allon Lifshitz, former Deputy Chief of the EDNY Criminal Division, will join the firm as a partner in its New York office. Allon brings over 20 years of experience to the firm, where his practice will focus on white-collar criminal and antitrust cases, as well as government investigations, internal investigations, and complex civil litigation.

Prior to joining Cohen & Gresser, Allon was a federal prosecutor for 14 years in the U.S. Attorney’s Office for the Eastern District of New York. As Deputy Chief, he oversaw more than 100 AUSAs across the Criminal Division’s nine sections. Previously, he served as Chief of the Organized Crime & Gangs Section. As an Assistant U.S. Attorney, Allon prosecuted cases involving a variety of crimes, including foreign bribery, health care fraud, racketeering, securities fraud, money laundering, wire fraud, national security offenses, and public corruption offenses.

“I couldn’t be more excited to join Cohen & Gresser. I have admired the firm for a long time and have been consistently impressed with its growth and success,” said Allon. “The white-collar practice is outstanding, and I look forward to leveraging my experience investigating cross-border white-collar crime, negotiating corporate resolutions, and taking complex cases to trial. I also look forward to applying my experience to the firm’s excellent work in antitrust and civil litigation.”

“Allon is a skilled litigator with proven results. His extensive experience as a federal prosecutor adds new depth and capabilities to the firm’s white-collar, antitrust, and litigation and arbitration practices,” said Lawrence T. Gresser, co-founder and global managing partner of Cohen & Gresser. “On behalf of everyone at the firm, I’m delighted to welcome Allon to the team.”

Before joining the U.S. Attorney’s Office, Allon served as a law clerk to the Honorable Nicholas G. Garaufis, U.S. District Judge for the Eastern District of New York, and as a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison. Allon earned his law degree from Harvard Law School.

Allon is a member of the Federal Bar Council’s Federal Criminal Practice Committee and the American Bar Association’s Antitrust Law and Criminal Justice Sections. He currently serves as Chair of the Constitution & Rules Committee of the United States Tennis Association. He was previously a Lecturer in Law at Columbia Law School.

Read New York Law Journal's coverage here.

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.

Cohen & Gresser is pleased to announce that Mark S. Cohen, Melissa H. Maxman, John Roberti, and Ronald F. Wick are included in the 2024 Lawdragon 500 Leading Litigators in America guide. Selection for the guide is based on extensive independent research focused on which lawyers and law practices have had a significant impact, with an emphasis on recent matters handled.

Recognized Lawyers

Mark S. Cohen – Commercial Litigation, including Real Estate, Antitrust, and White Collar

Melissa H. Maxman – Litigation, including White Collar and Antirust

John Roberti – Antitrust & Competition Law, including Litigation

Ronald F. Wick – Antitrust & Competition Litigation

Lawdragon is a legal media company providing news content and editorial features, including guides to the nation’s leading lawyers. This is Lawdragon’s second edition of the guide, assessing America’s top talent among those principally representing corporations and other organizations litigating claims involving antitrust, financial and securities litigation, intellectual property, commercial, M&A, cybersecurity and data privacy, and white collar and investigations.

Partner Melissa Maxman recently co-hosted an episode of the American Bar Association Antitrust Law Section’s weekly podcast, Our Curious Amalgam, on the topic of the long-awaited draft Merger Guidelines issued by the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission on July 19, 2023. In the episode, the DOJ Antitrust Division’s Deputy Assistant Attorney Generals Andy Forman and Michael Kades speak with Melissa and co-host Anora Wang of Arnold & Porter about the background, guiding principles, and some specific language in the draft Guidelines.
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 Thomas Shortland has been promoted to partner, and Benjamin Zhu and Louise Le Guilchet have been promoted to counsel.

“Congratulations to Tom, Ben, and Louise on their well-deserved promotions,” said Lawrence T Gresser, global managing partner of Cohen & Gresser. “They are a talented group of lawyers who have demonstrated an extraordinary dedication to client service. All three represent Cohen & Gresser’s core values of excellence, integrity, and respect, and we are pleased to recognize their significant achievements and the impact they have within their practices and at the firm.”

Thomas Shortland – Partner, London

Tom Shortland represents corporations and individuals in a range of commercial and business disputes in the English courts, courts in overseas jurisdictions, and in international arbitrations. He also advises on internal and disciplinary investigations, regulatory proceedings, and financial crime matters. Tom has been recognized in The Legal 500 UK’s guide as a “Rising Star” in Commercial Litigation and as a key lawyer in Regulatory Investigations and Corporate Crime.

Benjamin Zhu – Counsel, New York

Ben Zhu focuses his practice on litigation and white collar defense matters. He has represented corporations and individuals in a range civil and criminal matters, including complex commercial disputes, mass tort litigation, legal malpractice actions, and government investigations. He has been named a Rising Star in New York by Super Lawyers since 2021. Ben is a magna cum laude graduate of the New York University School of Law, where he received the Order of the Coif and was a Notes Editor of the Law Review.

Louise Le Guilchet – Counsel, Paris

Louise Le Guilchet focuses her practice on complex litigation (including general civil and commercial matters, shareholder disputes, and post-acquisition litigation) as well as internal and regulatory investigations. Louise holds a master’s degree in Private International Law and International Trade from the Université Panthéon-Assas and a master’s degree in International Finance from HEC Paris (Grande Ecole).

Cohen & Gresser’s Daniel H Tabak was recently profiled in Financier Worldwide as part of their “Power Players: 2022 Complex Disputes – Distinguished Advisors” special report. As one of ten “Distinguished Advisors” featured in the report, Dan looks back at some of his significant career achievements, shares what motivates him as a lawyer, and highlights several dispute trends that he anticipates seeing more of in 2023.

Financier Worldwide is a leading information source covering corporate finance and board-level business issues. As a leading publisher of news and analysis on this dynamic global market, the organisation is recognised as a valued source of intelligence to the corporate, investment, and advisory community.

International law firm Cohen & Gresser is pleased to announce that three Washington D.C.-based lawyers, Melissa Maxman, John Roberti, and Ron Wick, have been named to leadership positions for the American Bar Association’s Antitrust Law Section for 2022-2023. The American Bar Association’s Antitrust Section is the world's leading community of competition, consumer protection, and data privacy professionals.

Melissa Maxman serves as the Co-Chair of the Exemptions and Immunities Committee, which addresses judicially created immunities and serves as a resource for information on the scope of antitrust laws. She also serves as a Vice Chair for the Podcast Programming Committee, where she serves as a frequent host of the ABA’s Antitrust Law Section’s podcast, Our Curious Amalgam.

John Roberti is serving as the Technology Officer for the ABA’s Antitrust Law Section. As one of 15 Section officers, John serves on the Antitrust Section’s cabinet and is responsible for integrating technology solutions into the mission of the Section.

Ron Wick is Vice Chair of the Antitrust-Consumer Protection Law Daily Digest Committee, which publishes a daily compendium of antitrust and consumer protection news from around the world to keep the Section's membership apprised of development and analysis in their field.

About Cohen & Gresser: Cohen & Gresser is an international law firm with offices in New York, Paris, Washington, DC, and London. We have an outstanding record of success in high-stakes and high-profile litigation, investigations, and transactional work for our clients, including major financial institutions and companies across the world. Our attorneys have superb credentials, and are committed to providing the efficiency and personal service of a boutique law firm along with the quality and attention to detail that are the hallmarks of the best firms in the world. The firm has been recognized in a wide range of publications, including Chambers and The Legal 500.

Antitrust & Competition lawyer John Roberti has been recommended as a Global Leader and Thought Leader in the Competition section of the Who’s Who Legal (WWL) 2022 Global Guide. The WWL guide “brings together the insight, expertise and wisdom of some of the world’s foremost competition lawyers and economists in a single report.”

Roberti 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.” Cohen & Gresser is one of only a handful of midsize law firms in the U.S. to be recognized in the Competition category.

Who’s Who Legal is an organization that identifies the foremost 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.

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 prominent antitrust litigator John Roberti has joined the firm’s Antitrust practice as a partner in its Washington, D.C. office. John’s arrival is part of the firm’s strategic expansion of its Antitrust & Competition capabilities and will strengthen its ability to provide strategic counsel in all aspects of antitrust litigation and investigations. He will work alongside distinguished antitrust litigators Melissa H Maxman and Ronald F Wick in Washington, D.C., to form a dynamic team of leading antitrust lawyers who are deeply entrenched in many of the most consequential antitrust matters ongoing in the U.S.
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 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.

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

The Biden Administration has made its picks for antitrust leadership, and they are all members of an intellectual movement to increase antitrust enforcement in big tech and beyond. What broader impacts will these appointments have and what are some of the challenges they will face? C&G’s Melissa H Maxman co-hosts this episode of the podcast “Our Curious Amalgam,” presented by the American Bar Association’s Antitrust Section, where she spoke with Bill Kovacic, Former Chair of the FTC and Director of the Competition Law Center at George Washington University, to discuss how the nearly decade-long debate about antitrust reform may play out in the new administration.
Melissa H Maxman is featured in The Athletic, in which she discusses the NCAA’s argument to exempt its amateurism rules from federal antitrust scrutiny. “The NCAA is going to try to backdoor into an antitrust exemption the same way baseball did,” Melissa said. “The baseball exemption came to be accidentally through a Supreme Court ruling, and it’s just gone on and on. It is bad law. That is what I fear here.” (Subscription required.)

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.
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.

Christian R Everdell has been promoted to partner, and Joanna K Chan, Erica Lai, and David F Lisner have been promoted to counsel.

"Congratulations and thanks to each of these exceptional attorneys for their commitment to excellence, integrity, and superb client service. We are very fortunate to have them," said Managing Partner, Lawrence T Gresser.

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.
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.

Melissa H Maxman was quoted in a Bloomberg article regarding Google’s internet dominance and the effects on internet searches, noting that “bringing plaintiff cases in the U.S. will be challenging, especially after the Federal Trade Commission closed its investigation of Google in 2013.”

The Capitol Forum Interview Series features a discussion with Melissa H Maxman, Managing Partner of C&G's Washington, D.C. office. 

View the interview here

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.
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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The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry consolidation and collusive behavior.

According to the DOJ announcement released on May 9, 2024, the Task Force on Health Care Monopolies and Collusion (“HCMC”) will consider “widespread competition concerns shared by patients, health care professionals, businesses and entrepreneurs.” Issues to be addressed include payer-provider consolidation, serial acquisitions, labor and quality of care, medical billing, health care information technology services, and access to and use of health care data. The task force will include both civil and criminal enforcement attorneys, as well as economists, industry experts, technologists, data scientists, investigators, and policy advisors from across the Antitrust Division’s sections and offices.

The announcement of the HCMC is unsurprising in many respects. The health care industry has long been a major target of antitrust enforcement, and the Biden DOJ has previously signaled its continued focus on health care competition. In December 2022, the Antitrust Division entered into a formal collaboration with the Office of the Inspector General of the Department of Health and Human Services aimed at preventing collusion and promoting competition in health care markets. And just last month, the Antitrust Division launched an online portal for the public to report potentially anticompetitive health care practices.

Moreover, there is precedent for efforts to consolidate antitrust enforcement expertise in complex industries. Last week’s announcement is reminiscent of the Federal Trade Commission’s 2019 formation of a task force focused on competition in technology markets. Notably, like that task force, the HCMC appears to be drawing on the agency’s current resources rather than hiring additional staff, suggesting that the Antitrust Division’s focus is on more efficient, and not necessarily broader, enforcement.

In a National Law Journal article about the HCMC, Melissa H. Maxman, Washington DC Office Managing Partner, was quoted as noting that there are smaller health care companies that will be relieved to be examined under an enforcement approach that is targeted at their specific factual situations. “Task forces sometimes can be inefficient,” she added, “[b]ut if ever there were a need for one, it would be in health care competition.” While the impact of the HCMC remains to be seen, the Antitrust Division’s approach has the potential to facilitate a better informed and more comprehensive analysis of a market that poses unique regulatory and enforcement challenges.

The Cohen & Gresser antitrust team has extensive experience representing businesses in the health care industry, including physicians, pharmacies, and manufacturers. If you have any questions about potential areas of focus for the HCMC, please contact either of the authors of this article.

Last month, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the Agencies) released the 2023 Merger Guidelines. The Guidelines are the latest iteration of a guidance document published by the Agencies since 1968, which has been revised numerous times over the years.

In this C&G Client Alert, Ronald Wick, John Roberti, and Derek Jackson write that the newest Guidelines articulate a more comprehensive and aggressive approach to merger enforcement than contemplated in recent iterations, and explore the most significant changes.

On June 27, the Federal Trade Commission announced that it is proposing changes to its premerger filing requirements under the Hart-Scott-Rodino Act. The proposed changes, which would increase the volume of information required from parties submitting an initial HSR filing, have generated a range of reactions regarding their likely impact. In this client alert, Ronald F. Wick, Melissa Maxman, John Roberti, and Alisa Lu examine the FTC’s proposal and its potential effect on the premerger review process.
In his latest column for the Federal Bar Council Quarterly, C Evan Stewart explains how the Supreme Court tackled – and fumbled – the Sherman Antitrust Act.

Twice in the past month, the Federal Trade Commission (FTC) unanimously announced consent decrees that are a strong signal of the current Commission’s intent to investigate private equity transactions aggressively.

  • The consent decrees allow the private equity fund JAB Consumer Partners SCA SICAR's National Veterinary Associates to close two recent deals with some divestitures but also impose a series of strict prior notice requirements that are unprecedented in their breadth.
  • The announcements come a month after the confirmation of a fifth commissioner that gave the Democrats a 3-2 majority on the FTC.
  • As long as Democrats control the majority, private equity firms should be prepared for additional scrutiny and be cognizant of other competition issues that may impact them.
In this client alert, John Roberti, Melissa Maxman, Ronald Wick, David Lisner, and Derek Jackson discuss the potential implications of these rulings for private equity firms and offer insight into how PE firms can be more cognizant of competition and antitrust compliance issues that may pose a potential risk moving forward.  

Melissa H Maxman and Ronald F Wick examine the impact of the Leegin Creative Leather Products Inc. v PSKS Inc. ruling a decade after the decision.

Offering insight to multinational corporations in terms of navigating within, among, and between the different policies and agendas of antitrust regimes around the world.

John Roberti participated in an insightful presentation, “Mass Arbitration Meets Antitrust—and More,” at the ABA Antitrust Spring Meeting in Washington, D.C. The panel considered the transformative shift toward arbitrating antitrust claims, including “mass” arbitrations initiated by numerous claimants.

The panel was moderated by Valarie C. Williams of Alston & Bird, and the other panelists included Charles G. Moore of White & Case, Allison B. Smith of Wilson Sonsini Goodrich & Rosati, and retired judge Vaughn R. Walker of Walker Nakamura ADR.

Partner John Roberti participated in the “Trying a Section 2 Case: Best Practices” panel discussion, which took place at the American Bar Association Section of Antitrust Law 71st Annual Spring Meeting. The panel addressed the particular challenges of trying a monopolization or attempt to monopolize case under Sherman Act Section 2.
Alexandra Theobald will be a speaker on the “Nuts & Bolts of SEPs and Antitrust” panel at next week’s ABA Antitrust Section IP Committee meeting. The panelists will discuss major cases at the intersection of standard essential patents (SEPs) and antitrust and describe how the U.S. agencies have approached SEP issues. Register here.

(CLE credit will not be offered.)

Melissa H Maxman will speak at the ABA Class Actions 2022 Conference on a CLE panel titled, “Don’t Squat on Your Spurs: Ethical Issues in Class Actions Involving Injury and Experts.” The panel will look at what constitutes injury-in-fact and the ethical, strategic, and policy concerns it creates.

Melissa H Maxman moderates this ABA Business Law Section virtual panel entitled “Protections Against Self-Incrimination – What International Corporations Should Know” that explores the interplay of international white-collar crimes (focusing on antitrust violations in jurisdictions where these are treated as criminal offenses) and the evidentiary right against self-incrimination, for both individuals and corporations in the antitrust context.

The panel discusses the rights against self-incrimination in parallel criminal and civil cases, in a comparative-law approach across five jurisdictions – the US, Canada, UK, Switzerland, and Brazil. Also discussed is a discourse of best practices as to how an international corporation’s board addresses allegations of impropriety in the context of an antitrust case scenario.

Melissa H Maxman will moderate a panel during the ABA Litigation Section’s 2021 Women in Litigation Joint CLE Conference. This empowering conference will include 16 dynamic programs highlighting women leaders,  emotional intelligence, and the gender gap. Melissa’s panel will explore the judiciary’s role in promoting diversity in legal leadership.

Melissa H Maxman will speak on a panel titled “Antitrust and Politics: Are We Entering a New Era?” during the Pennsylvania Association of Criminal Defense Lawyers’ 2021 White Collar Practice Seminar.

In an upcoming program for Lawline, Melissa H Maxman and Ronald F Wick explore NCAA v. Alston, the first comprehensive case addressing the NCAA's scope of authority in more than 35 years.

In June of 2021, the Supreme Court of the United States unanimously held that the National Collegiate Athletic Association ("NCAA") has violated the Sherman Act with its rules limiting the amount of education-related compensation colleges and universities can provide to student-athletes. However, the Court did not define what constitutes education-related compensation, and the NCAA still has the ability to define the outer boundaries of that term.

This webinar will consider NCAA v. Alston as it relates to the Sherman Act and the implications the Court's decision will have.

Melissa H Maxman presented in this ABA Antitrust Section webinar where she discussed the rise in private antitrust class actions and outlined clear steps to ensure the best strategies to prevent and defend against different types of anticompetitive allegations.

Melissa Maxman joined a conference call hosted by The Capitol Forum to discuss the pending Supreme Court case NCAA v. Alston. During the call, Melissa discussed antitrust exemptions and the O’Bannon case and spoke about the impact these and other issues will have on the pending Alston case.

Erica Lai presented on monopolization, attempted monopolization, conspiracy to monopolize cases brought under Section 2 of the Sherman Act on a panel discussing “Antitrust Fundamentals” at the 2021 Spring Meeting put on by the American Bar Association’s Antitrust Law Section.

Erica Lai served as the moderator of a panel discussion titled “Promoting Women’s Professional Development And How Men Can Help – During the Challenges of the Pandemic and Beyond.” The panel was hosted by American Bar Association Antitrust Law Section’s Women.Connected committee.

Melissa H Maxman presented a CLE on "Preventing and Defending a Private Civil Class Action Price-Fixing Lawsuit: Best Practices for a New Decade" at a program hosted by Lawline.  She outlined clear steps to ensure the best strategies to prevent and defend against different types of anticompetitive allegations.

Melissa H Maxman appeared on an episode of Our Curious Amalgam’s podcast series, titled “When is Doing Good Bad? Antitrust in Social Responsibility Agreements,” hosted by John Roberti, leader of the Antitrust Section of the American Bar Association.

Listen to the episode here.

Melissa H Maxman spoke on a panel, titled “At The Intersection of Labor and Antitrust: New Trends in Non-Poaching Litigation,” at an Antitrust Economics Workshop at the 46th Annual Conference on International Antitrust Law and Policy hosted by Fordham University School of Law.

Melissa H Maxman participated in a presentation, titled “The Incoherent Justification for Naked Restraints of Competition: What the Dental Self-Regulation Cases Tell Us about the Cavities in Antitrust Law” at the 19th Annual Loyola Antitrust Colloquium at the Loyola University Chicago School of Law.

Partner Melissa Maxman appeared on Legal Talk Network’s podcast series ‘On the Road’ on the ‘Antitrust Exemptions in Sports--& More!’ episode. She joined host Creighton Macy of Baker McKenzie, and panelists Sathya Gosselin of Hausfeld and Kim Scott of Miller Canfield, in a discussion about antitrust exemptions in sports, antitrust careers, and litigating sports cases.

Association of Transportation Law Professionals (“ATLP”)  87th Annual Meeting in New Orleans

Multiple presentations while at the U.S. Department of Justice, including to the U.S. Navy, officials and military in Guam, and agencies and governmental bodies in California, Nevada, and Alaska.