Commercial Litigation
Our Chambers and The Legal 500-recognized Commercial Litigation group represents clients in a broad range of complex commercial, business, and financial disputes in districts throughout the United States and in the international arena. We represent clients in lawsuits involving contract disputes, derivatives claims, breach of contract, shareholder disputes, fraud, tortious interference complaints, professional malpractice claims, unfair business practices, and private equity transactions. Our clients span multiple industries, including finance, software and technology, hospitality, and real estate.
Our attorneys employ their extensive trial experience to bring a strategic approach to each claim. We offer thoughtful counseling, and we scrupulously research each matter and are prepared to effectively and vigorously defend our clients at trial. We have successfully handled numerous trials, arbitration hearings, and administrative procedures in state and federal courts across the country and in every major type of arbitration forum. We have an outstanding record in high-stakes, high-profile litigation, including cases involving claimed damages in the hundreds of millions of dollars. Our Commercial Litigation group was recognized as Highly Regarded in Chambers USA 2022 with our attorneys being described as “very smart, highly experienced,” “very savvy regarding the practical aspects of commercial disputes,” and in possession of “superb judgement.” It has been further observed that the group is “noted for showing the ‘discipline and focus necessary to win a case.’”
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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.
Read MoreBusiness 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.
Read MoreFinancial 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.
Read MoreConstruction 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.
Read MoreInsurance 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.
Read MoreHealthcare
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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Six C&G attorneys are recognized by their peers as “Best Lawyers” in their practice areas:
- Mark S. Cohen – Criminal Defense: White-Collar
- Lawrence T. Gresser – Commercial Litigation
- Jonathan S. Abernethy – Criminal Defense: White-Collar
- Colin Bridge – Criminal Defense: White-Collar
- Jason A. Brown – Criminal Defense: White-Collar
- Mark Spatz – Product Liability Litigation - Defendants
Eight attorneys are recognized as “Best Lawyers: Ones to Watch” in their practice areas:
- Luke Appling – Commercial Litigation and Litigation - Securities
- Sharon L. Barbour – Commercial Litigation and Criminal Defense: White-Collar
- William E. Kalema – Criminal Defense: White-Collar
- Phoebe King – Criminal Defense: White-Collar
- Barbara K. Luse – Commercial Litigation and Corporate Law
- Alexandra K. Theobald – Commercial Litigation and Corporate Law
- Eszter Vincze – Commercial Litigation and Criminal Defense: White-Collar
- Benjamin Zhu – Criminal Defense: White-Collar
Six 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 – Defendants
- Jason A. Brown – Criminal Defense: White-Collar
- Mark S. Cohen – Criminal Defense: White-Collar
- Mark Spatz – Product Liability Litigation – Defendants
- C. Evan Stewart – Litigation – Securities
- Luke Appling – Commercial Litigation and Litigation – Securities
- Sharon L. Barbour – Criminal Defense: White-Collar
- William E. Kalema – Criminal Defense: White-Collar
- Alexandra K. Theobald – Commercial Litigation
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
Antitrust: Civil Litigation/Class Actions: Defense
- Melissa H Maxman
- John Roberti
- Ronald F Wick
- Jonathan S Abernethy
- Jason Brown
- Mark S Cohen
- S Gale Dick
- Jeffrey I Lang
- Melissa H Maxman
- Reggie Schafer
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
- Melissa H Maxman
- Daniel H Tabak
- Jonathan S Abernethy
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
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.”
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
District of Columbia
Antitrust: Litigation Specialists
New York
Litigation: General Commercial
Litigation: Securities Litigation: White-Collar Crime & Government Investigations- Muriel Goldberg-Darmon: Stock Market Litigation
- Franck Le Mentec: Transfer Pricing and International Tax
- Angéline Duffour: Employment
- Muriel Goldberg-Darmon: Stock Market Litigation
- Guillaume Guérin: Stock Market Litigation
- Loïc Henriot: Commercial Litigation; Stock Market Litigation
- Franck Le Mentec: Tax
- Anna Milleret-Godet: Employment
- Guillaume Seligmann: IT and Internet
- Nicolas Vacca: Tax
- Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Fraud: White-Collar Crime (Advice to Individuals)
- Commercial Litigation: Mid-Market
- John Gibson: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Richard Kovalevsky QC: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Jumana Rahman: Commercial Litigation: Mid-Market
- Thomas Shortland: Commercial Litigation: Mid-Market; Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Tim Harris: Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
- 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
- Sharon L. Barbour – Criminal Defense: White-Collar
- Winnifred A. Lewis – Commercial Litigation
- Alexandra K. Theobald – Commercial Litigation
- 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
- Litigation: General Commercial: Highly Regarded
- White-Collar Crime & Government Investigations: The Elite
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.
- 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
Chambers has recognized Cohen & Gresser in its 2020 USA guide for its achievements in General Commercial Litigation and White Collar Crime & Government Investigations. Chambers commentary highlights the firm's "thoroughness, quality, responsiveness, client care and availability,” noting that "the level of service is stellar, the work product is uniformly superb,” and that C&G is "a great firm with high quality across the board."
Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; Mark S Cohen for Securities Litigation and White Collar Crime & Government Investigations; and Lawrence T Gresser for Commercial Litigation.
Cohen & Gresser's Paris office has been recognized in The Legal 500’s 2020 Europe, Middle East, and Africa guide for its work in seven practice areas: Compliance, Commercial Litigation, Employment, Stock Market Litigation, Tax, White Collar Crime, and IT and Internet. Clients note that the team in Paris “shows great availability and responsiveness” and is “very effective in working through problems and understanding issues to reach reasonable resolutions.”
- Corporate Investigations/White Collar
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
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."
- Corporate Investigations/White Collar – Advice to Corporates
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
Chambers has recognized Cohen & Gresser in its 2018 USA guide. The firm is recognized for its excellence in General Commercial Litigation, Securities 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.
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.
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.
- Earlier this month, the Court of Appeal overturned the previous decision of the High Court in Philipp v Barclays Bank UK Plc.
- The claim concerned the liability of Barclays Bank for carrying out transfers that constituted an ‘authorised push payment’ fraud on Mrs Philipp – transfers that were requested and authorised by her, but induced by a third party through the use of fraudulent representations.
- Mrs Philipp had argued that Barclays was liable for her losses because of its failure to comply with its Quincecare duty – a duty that has risen to prominence as a result of several high-profile cases in recent years.
The SEC’s new offering rules can be expected to result in significant changes in private capital markets. The rules also contain some due diligence pitfalls and come with the possibility of greater regulation of unregistered offerings in the future.
A dissection of the standards which govern the valuation of private equity assets and the impacts of recent legal developments.
This alert examines how counsel for non-party individuals or entities subject to arbitration subpoenas can protect their clients.
When it comes to preparing for a successful deposition, substance is equally important as procedure and it is important for young lawyers to not get so caught up in the procedural planning they neglect the substantive planning. This article offers four touchstones to help guide young lawyers successfully through the planning and execution of their first deposition.
C Evan Stewart chaired a Practising Law Institute CLE program, titled “Ethics for Commercial Litigators 2020,” which reviewed complex ethical issues and relevant case law arising out of commercial litigation.
Speakers include: C. Evan Stewart, Helen V. Cantwell, Michael J. Dell, Susan J. Kohlmann.
Evan Stewart will be on this panel for commercial litigators, covering new developments in confidentiality, the attorney-client privilege, and the attorney work-product doctrine, exposure to civil liability, and a bevy of other issues s surrounding ethics for commercial litigators.
Drawing prominent commercial litigators, this panel addresses ethical issues including new developments in confidentiality, the attorney-client privilege, and the attorney work-product doctrine. Additional topics cover conflicts, e-discovery, no-contact rules, and whistle-blower remedies.
Discussing current litigation issues stemming from shareholder activism and activist investing, this panel consists of business and securities litigators with extensive experience representing both hedge funds and other investors, as well as target corporations and their boards of directors. Shareholder activism is on the rise, as sophisticated activists—including large, well-funded hedge funds—undertake well-organized activist campaigns. Increasingly, the activist campaign has moved from the boardroom to the courtroom, as activists and target companies challenge each other’s conduct. We will address litigation strategies to be deployed by activists and target companies during the activist campaign and the subsequent proxy contest.
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