Commercial Litigation

Our Chambers and Legal 500-recognized Commercial Litigation group represents clients in a broad range of complex commercial, business, and financial disputes in districts throughout the United States and in the international arena. We represent clients in lawsuits involving contract disputes, derivatives claims, breach of contract, shareholder disputes, fraud, tortious interference complaints, professional malpractice claims, unfair business practices, and private equity transactions. Our clients span multiple industries, including finance, software and technology, hospitality, and real estate.

Our attorneys employ their extensive trial experience to bring a strategic approach to each claim. We offer thoughtful counseling, and we scrupulously research each matter and are prepared to effectively and vigorously defend our clients at trial. We have successfully handled numerous trials, arbitration hearings, and administrative procedures in state and federal courts across the country and in every major type of arbitration forum. We have an outstanding record in high-stakes, high-profile litigation, including cases involving claimed damages in the hundreds of millions of dollars.

Key Contacts

All Attorneys

Business Disputes

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

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

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

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Business Dissolution and Shareholder Disputes

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

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

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Financial Litigation

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

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

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Construction and Real Estate

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

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

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Insurance Disputes

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

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

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Healthcare

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

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

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Cohen & Gresser 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.

Legal 500 has once again recognized Cohen & Gresser in its United States guide. The firm is recognized for its excellence in the following categories:

  • Corporate Investigations/White Collar
  • Corporate Investigations/White Collar – Advice to Individuals
  • General Commercial Disputes
  • Securities Litigation Defense

Legal 500 notes that C&G has “impressive cross border capabilities and is often retained by clients in multijurisdictional disputes” and that our disputes team members are “true litigators, focused, and thoughtful - no stone is left unturned.”

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

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

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

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as one of New York’s Best Law Firms in the Criminal Defense: White-Collar, Commercial Litigation, and Product Liability Litigation – Defendants categories.  The Best Law Firms rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.

We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

Mark S Cohen and Thomas E Bezanson were recognized in Best Lawyers in America's 2019 New York listings – Mark for Criminal Defense – White Collar and Tom for Commercial Litigation and Product Liability Litigation – Defendants. This is the sixth year in a row Mark has been recognized by Best Lawyers, a publication that completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.

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

Legal 500 notes that C&G has “an excellent group of sophisticated lawyers” and "has the ability to explain complex structures in plain English.” Nine C&G partners were individually recognized in the guide.

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

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

Chambers also recognized the following individuals:

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

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as one of New York’s Best Law Firms in the Criminal Defense: White-Collar and Commercial Litigation categories. The Best Law Firms rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.

Mark S Cohen and Thomas E Bezanson were recognized in Best Lawyers in America's 2018 New York listings – Mark for Criminal Defense – White Collar and Tom for Commercial Litigation and Product Liability Litigation – Defendants. This is the fifth year in a row Mark has been recognized by Best Lawyers, a publication that completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.

Chambers USA and 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.

We are pleased to announce that twenty-two of our U.S.-based 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 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 this region. 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.

Each year, Best Lawyers completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.  For the fourth year in a row, Cohen & Gresser partner Mark S Cohen is recognized in New York’s Criminal Defense: White Collar category. Tom Bezanson was also recognized in New York’s Commercial Litigation category for 2017. 

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. Ronald's practice focuses on litigation concerning trade regulation, antitrust, and commercial disputes. He was previously a partner  in Cozen O'Connor's  Washington, D.C. office. Erica's practice focuses on complex commercial litigation, including antitrust, False Claims Act, administrative law, copyright litigation, and breach of contract. Prior to joining the firm, Erica was a senior associate at Covington & Burling LLP.

Cohen & Gresser is pleased to announce the opening of its fourth office in Washington, D.C. The Washington office will be led by partner Melissa H Maxman, and will handle a range of commercial litigation and regulatory enforcement matters, with a focus on U.S. antitrust issues, criminal and civil litigation, and compliance and regulatory disputes in the federal agencies.

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

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

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

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

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

As we have previously noted, exclusive forum bylaws potentially offer protection from the risks of multi-jurisdictional litigation.  Recent developments include the withdrawal of an appeal from a Delaware Court of Chancery decision that found such bylaws facially valid and additional feedback from proxy advisory firms.  This alert provides an overview of questions that remain unresolved and provides guidance to companies and stockholders considering exclusive forum bylaws.

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

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

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

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

Speakers include: C. Evan Stewart, Helen V. Cantwell, Michael J. Dell, Susan J. Kohlmann.

Evan Stewart will be on this panel for commercial litigators, covering new developments in confidentiality, the attorney-client privilege, and the attorney work-product doctrine, exposure to civil liability, and a bevy of other issues s surrounding ethics for commercial litigators.

 Drawing prominent commercial litigators, this panel addresses ethical issues including new developments in confidentiality, the attorney-client privilege, and the attorney work-product doctrine. Additional topics cover conflicts, e-discovery, no-contact rules, and whistle-blower remedies.

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