Litigation and Arbitration

The firm handles major cases in federal and state trial and appellate courts, before government agencies, and in a wide variety of domestic and international arbitration settings. Our experience in civil litigation covers a number of substantive areas, including antitrust and unfair competition, bankruptcy litigation and counseling, mass torts, class action defense, commercial disputes, directors and officers litigation, employment, healthcare litigation, partnership disputes, products liability, real estate and construction litigation, and securities litigation.

Our attorneys have significant experience handling appeals before federal and state appellate courts across the country and regularly represent organizations as amicus curiae in appellate matters presenting legal questions with broad policy implications. The firm has successfully handled appeals in cases where we represented a party in the lower court and in cases where we have specifically been brought in for our appellate proficiency. Many of our attorneys have also clerked for judges on numerous federal district and appellate courts.

With every dispute, in any forum, we offer thoughtful counseling before a decision is made to litigate, and we have substantial experience in negotiating favorable pre-litigation settlements for our clients where appropriate. If pre-litigation settlement is not feasible or advisable, we are skilled at using the pretrial process to put our cases in the best posture for disposition by motion, settlement, or trial. Our litigators are first-rate trial lawyers: we have successfully handled hundreds of trials, arbitration hearings, and administrative procedures in state and federal tribunals 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 trial experience helps us manage the discovery process efficiently and cost-effectively by keeping the focus on the facts that will advance our claims or defenses at trial. That focus — along with our intensity, creativity, and skillful negotiating — helps us settle cases on excellent terms.

Our litigation and arbitration team has been recognized in several leading rankings publications. The Legal 500 described the firm’s strong commitment to client service and praised us as “one of the best mid-sized firms.” It also noted that the firm “differentiates itself by the creativity and flexibility it brings to its work, enabling it to handle disputes across an incredibly wide number of subject areas.” Chambers recognized the firm’s commercial litigation practice as highly regarded, noting that our “level of service is stellar” and our “work product is uniformly superb”; “a great firm with high quality across the board.”

Key Contacts

All Attorneys

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 lawyers Mark S. CohenJohn Roberti, and Daniel Tabak have been selected as “Litigation Stars” in the 2024 edition of Benchmark Litigation. The guide’s “Stars” are identified through Benchmark Litigation’s independent research process as among the preeminent litigation practitioners in the United States. The guide conducts extensive interviews with litigators, dispute resolution specialists and their clients, as well as analysis of the market’s most important cases and firm developments, in selecting its “Stars.” Lawyers included on the list are highly regarded by their peers and possess a strong case record and positive client feedback.

Since its inception in 2008, Benchmark Litigation has been the only publication on the market to focus exclusively on litigation in the United States.

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:

Four Paris-based partners have been recognized in the 2024 edition of Best Lawyers in France. Angéline Duffour is recognized for labor and employment law. Muriel Goldberg-Darmon is recognized for banking and finance law, financial institutions, mergers and acquisitions law, and regulatory practice. Loïc Henriot is recognized for criminal defense and litigation. Johannes Jonas is recognized for corporate law. Best Lawyers relies entirely on peer review to determine and recognize professional excellence.
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).

The Wall Street Journal featured C&G’s Mark Cohen and Chris Everdell recently in an article that described Cohen & Gresser as a go-to law firm for high profile cases. The article described the firm’s reputation for meticulous and persistent preparation, hard work, and deep knowledge of the law. To learn more, please visit our litigation and digital currency and blockchain technology practice pages.

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 Mark S. Cohen, Melissa H. Maxman, John Roberti, and Ronald F. Wick have been recognized in Lawdragon’s inaugural 500 Leading Litigators in America 2023 guide. Selection for the guide is based on independent research focused on recent cases and verdicts or settlements, as well as attorney excellence in trials.

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 first guide dedicated to attorneys principally representing corporations and other organizations in litigating claims involving Antitrust, Securities, Financial, M&A, Intellectual Property and Patents, Product Liability, Mass Tort, White Collar, Government Investigations, and Energy disputes.

Cohen & Gresser’s Joanna K. Chan has been accepted into the National Asian Pacific American Bar Association‘s (NAPABA) Prospective Partners Program, which recognizes senior associates and counsel for their leadership potential within their organizations.

NAPABA is the nation's largest Asian Pacific American membership organization representing the interests of 60,000 attorneys, judges, law professors, and law students. The Prospective Partners Program aims to increase the number of Asian American and Pacific Islander partners at major law firms through introduction, mentorship, and relationship building. Joanna is one of only ten individuals selected for the program and will have the opportunity to receive mentorship and form meaningful connections with peers and industry leaders throughout the program.

Cohen & Gresser’s Paris office has earned six practice rankings and 13 individual rankings in the 2022 Leaders League guide. Leaders League highlights the firm’s “experienced lawyers” and ability to handle complex, cross-border matters.

Leaders League is an independent research and rating agency that provides comprehensive rankings and in-depth analysis of law firms and lawyers. The rankings are based on extensive research by an experienced team of analysts.

Ranked Practice Areas:

• Marketing, communication & digital – Advertising law & marketing

• Media & entertainment – Fashion Law

Ranked Individuals:

Franck Le Mentec: Wealth management – Wealth tax: regulation and litigation; Tax law – LBO tax

Guillaume Guérin: Compliance – Compliance program

Johannes Jonas: Private Equity – Development capital transactions

Loïc Henriot: Dispute resolution – Litigation with regulators and for listed operations; Compliance – Compliance program; Compliance – International investigation and internal investigation; Dispute resolution – Banking & Finance Litigation; Dispute resolution – Commercial litigation; Labor & Employment – Criminal labor law; Dispute resolution – White collar crime

Muriel Goldberg-Darmon: Dispute resolution – Litigation with regulators and for listed operations; Compliance – Compliance program; Compliance – International investigation and internal investigation; Private Equity – Development capital transactions; Asset management – Asset management

Established in 2014, Cohen & Gresser’s Paris office provides comprehensive legal services for our clients, including advising on corporate, employment, tax, financial services, white collar defense, and litigation-related matters. Our Paris attorneys work closely with the lawyers in our other offices on cross-border transactions, investigations, and litigation, in order to provide superior service to French and international clients.

Cohen & Gresser lawyers Mark S. Cohen, John Roberti, and Daniel Tabak have been selected as “Benchmark Litigation Stars” in the 2023 edition of Benchmark Litigation. The guide’s “Stars” are identified through Benchmark Litigation’s independent research process as among the preeminent litigation practitioners in the US.

Benchmark Litigation provides law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients, as well as analysis of the market’s most important cases and firm developments.

Paris Partners Johannes Jonas, Muriel Goldberg-Darmon, and Loïc Henriot were recognized in the 2023 edition of The Best Lawyers in France. Johannes was recognized for Corporate Law; Muriel for Banking and Finance Law, Financial Institutions, Mergers and Acquisition Law, and Regulatory Practice; and Loïc for Criminal Defense and Litigation.

About The Best Lawyers in France

The Best Lawyers in France were recognized by their peers in the legal industry for their professional excellence in their respective 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 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.
International law firm Cohen & Gresser today announced that Andrew Mitchell QC, a distinguished barrister and Queen’s Counsel, has joined the firm’s White Collar Defense & Regulation practice as Of Counsel. He will work closely with all of the firm’s international offices to support clients worldwide in civil and criminal matters relating to financial wrongdoing.

Andrew’s arrival continues Cohen & Gresser’s international growth and the strategic expansion of its leading White Collar Defense & Regulation practice, following the recent addition of Sir David Green CB QC in London.

International law firm Cohen & Gresser today announced that leading litigator and trial lawyer Douglas J Pepe will join the firm as a partner in its New York office.

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

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

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

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

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

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

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

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

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

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

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

Cohen & Gresser is pleased to announce that 37 of the firm's New York and Washington D.C.­based attorneys have been named to the 2021 Super Lawyers List across a wide range of practice areas. C&G co­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

Super Lawyers

Jonathan S Abernethy: Criminal Defense: White Collar

Kwaku Andoh: Mergers & Acquisitions

Elizabeth Bernhardt: Business Litigation

Thomas E Bezanson: Personal Injury – Products: Defense

Colin C Bridge: Criminal Defense: White Collar

Karen H Bromberg: Intellectual Property

Jason Brown: Criminal Defense: White Collar

Joanna K Chan: Securities Litigation

Mark S Cohen: Business Litigation

S Gale Dick: Business Litigation

Christian R Everdell: Criminal Defense: White Collar

Lawrence T Gresser: Business Litigation

Oliver S Haker: Business Litigation

Johannes Jonas: Mergers & Acquisitions

Nicholas J Kaiser: Real Estate

Jeffrey I. Lang: Business Litigation

Melissa H Maxman: Antitrust Litigation

Ellen Paltiel: General Litigation

Nathaniel P T Read: Business Litigation

Bonnie J Roe: Securities & Corporate Finance

Stephen M Sinaiko: Business Litigation

C Evan Stewart: Securities Litigation

Daniel H Tabak: Business Litigation

Scott D Thomson: Business Litigation

Alexandra Wald: Business Litigation

Ronald F Wick: Antitrust Litigation

Rising Stars

Luke Appling: Civil Litigation

Sharon L Barbour: Criminal Defense: White Collar

Drew S Dean: General Litigation

William Kalema: Business Litigation

Sri Kuehnlenz: Civil Litigation

Winnifred A Lewis: Securities Litigation

Marvin J Lowenthal: Criminal Defense: White Collar

Barbara K Luse: Criminal Defense: White Collar

Matthew V Povolny: Business Litigation

Benjamin Zhu: Criminal Defense: White Collar

Cohen & Gresser achieved a significant pro bono victory before the U.S. Court of Appeals for the Tenth Circuit on behalf of the National Women's Law Center ("NWLC") as an amicus in the case of Dr. Rachel Tudor, a professor in the English, Humanities, and Languages Department, of the Southeastern Oklahoma State University. Dr. Tudor is transgender and was explicitly denied tenure and fired by the University when she transitioned from male to female. The appeals court ordered the district court to reinstate her to a tenure position and correctly recalculate her front pay damages award.

While Dr. Tudor had won at trial, she was denied reinstatement by the district judge.  The Tenth Circuit embraced the arguments made in NWLC's amicus brief and found that the district court improperly concluded reinstatement would not be possible due to alleged hostility between Dr. Tudor and Southeastern. Instead, because of the legal presumption in favor of reinstatement and the particularly low risk of extreme hostility between the parties here, the court reversed and ordered that Dr. Tudor be reinstated at the University with tenure.

The Tenth Circuit also rejected Southeastern's cross-appeal in its entirety, relying heavily on the Supreme Court's decision in Bostock v. Clayton County, No. 17-1618, 590 U.S. ___ (2020), which overruled previous Tenth Circuit precedent and held that discrimination against transgender employees is sex discrimination under Title VII. Notably, Cohen & Gresser also represented the NWLC and dozens of other non-profit organizations in drafting and filing their Supreme Court amicus brief in Bostock.

Melissa Maxman led a team from Cohen & Gresser’s Washington D.C. office in advising the NWLC.

In this Law360 profile, John W Gibson discusses his five-year stint as a senior prosecutor and investigations manager in the UK Serious Fraud Office’s bribery and corruption unit, how he uses that experience to understand what matters when engaging with regulators and prosecutors, and how to deploy effective litigation strategy in criminal or compliance matters. (Subscription required.)

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

International law firm Cohen & Gresser is pleased to announce that Jeffrey I Lang, David F Lisner, and Reggie Schafer have been promoted to Partner, and Sri Kuehnlenz and Daniel H Mathias have been promoted to Counsel.

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

Cohen & Gresser is pleased to announce that 35 of the firm's New York and Washington D.C.­based attorneys have been named to the 2020 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.
U.S. News - Best Lawyers has once again recognized Cohen & Gresser among the Best Law Firms in the United States in its 2021 guide. C&G received national recognition as a Best Law Firm for Criminal Defense: White Collar and Commercial Litigation. The firm was also recognized as a New York Best Law Firm in four practice areas: Criminal Defense: White Collar, Commercial Litigation, Product Liability Litigation – Defendants, and Litigation – Securities.

A D.C.-based C&G team comprised of Melissa H Maxman, Ronald F Wick, and Erica Lai helped secure a victory in the U.S. Supreme Court’s landmark ruling that all workers are protected under Title VII of the 1964 Civil Rights Act regardless of gender identity or sexual orientation.
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'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.”

Cohen & Gresser announces the promotion of Thomas Shortland to counsel in the firm's London office. Tom advises on a broad range of commercial and business disputes, including English High Court litigation, international arbitration, internal investigations, and regulatory proceedings.

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a National Best Law Firm for white collar criminal defense and as a New York Best Law Firm for white collar criminal defense, commercial litigation, and product liability litigation defense. The Best Law Firms rankings are based on an in-depth review process and recognize professional excellence and strong ratings from clients and peers.
For the eighth consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation. In addition to the firm’s ranking, firm co-founder Mark S Cohen and partner Daniel H Tabak were individually recognized as Litigation Stars in the publication’s 2020 guide.
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.”

C&G helped secure a victory in a case alleging that President Trump violated the Foreign Emoluments Clause of the Constitution by accepting benefits from foreign governments without seeking and obtaining congressional consent. C&G represents five legal historians who filed an amicus brief citing extensive historical sources demonstrating that the Founding Fathers shared the plaintiffs’ definition of emoluments. Judge Emmet Sullivan of the U.S. District Court for the District of Columbia, in denying Trump’s motion to dismiss for failure to state a claim, expressly stated that “[t]he Court appreciates the illuminating analysis provided by the amici,” and that “Amici Legal Historians soundly reject the President’s narrow definition of Emolument as inaccurate, unrepresentative, and misleading.”

The National Law Journal published a piece about the importance of our clients’ amicus brief, mentioning Cohen & Gresser’s role, and quoting Washington, D.C. Managing Partner, Melissa Maxman, linked here.

This is the second time a district judge has relied in large part upon our legal historian clients’ brief in construing the Emoluments Clause.

Cohen & Gresser announces the expansion of its White Collar Defense & Regulation and Litigation & Arbitration groups in London with the addition of Thomas W Shortland. Tom advises on a broad range of domestic and cross-border disputes including civil, regulatory, and criminal matters. Prior to joining C&G, Tom practiced at Cleary Gottlieb Steen & Hamilton where, between 2015 and 2016, he was seconded to the Bribery & Corruption Division of the UK’s Serious Fraud Office as an Investigative Lawyer.

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.

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal defense, commercial litigation, and product liability litigation defense. The Best Law Firms rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.
We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
Cohen & Gresser announces the expansion of its London office and White Collar Defense & Regulation group with the appointment of partner John W Gibson. A former UK Serious Fraud Office (SFO) senior prosecutor, John will focus his practice on cross-border corporate investigations and white collar defense. He has over 25 years of experience as a barrister, and advises on all matters relating to law enforcement, regulatory and internal investigation of suspected crimes and regulatory breaches, as well as the defense of companies and individuals. In addition, John has expertise in data strategy and the use of artificial intelligence (AI) in big data litigation and investigations.
Mark S Cohen and Thomas E Bezanson were recognized in Best Lawyers in America's 2019 New York listings – Mark for white collar criminal defense and Tom for commercial litigation and product liability litigation defense. This is the sixth year in a row Mark has been recognized by Best Lawyers, a publication that completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.
Daniel H Tabak is quoted in The Wall Street Journal regarding client, Hulk Hogan, and the sale of Gawker.com to Bustle owner Bryan Goldberg.  Dan led Hogan's legal team in the Gawker bankruptcy, which resulted in a settlement entitling Hogan to $31 million plus 45% of the proceeds of the Gawker.com sale.  The gossip news site filed for bankruptcy in June 2016  after a Florida jury awarded Hogan $140 million in his invasion of privacy suit. Photo: Hulk Hogan and Daniel H Tabak
Cohen & Gresser has been recognized in The Legal 500’s 2018 Europe, Middle East, and Africa guide for its work in France in five separate practice areas: Compliance, Employment, Stock Market Litigation, Tax, and IT, Telecoms and the Internet.  Our Paris team is lauded for an "excellent level of service" and for offering "a very good and rare combination of high legal expertise and accurate business understanding."
C&G welcomes the attorneys who joined the firm in 2017. "We’re very fortunate to have added these exceptional lawyers in New York and Paris," said Managing Partner, Lawrence T Gresser.  "We look forward to continuing to build our transactional and disputes practices in all of our offices in 2018."
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.
Mark S Cohen and Thomas E Bezanson were recognized in Best Lawyers in America's 2018 New York listings – Mark for white collar criminal defense and Tom for commercial litigation and products liability litigation defense. This is the fifth year in a row Mark has been recognized by Best Lawyers, a publication that completes a rigorous survey process, compiling confidential evaluations from top attorneys in their fields.
Chambers USA and The Legal 500's United States guides have recognized Cohen & Gresser and a number of the firm's lawyers for outstanding achievements during the past year in the categories of Commercial Litigation, Securities Litigation, Patents, and Corporate Investigations and White Collar Defense.

Defunct gossip website Gawker will soon start paying $20 million it owes to shareholders — including founder Nick Denton — court proceedings revealed Wednesday. This action follows a jury's decision last March to award Hulk Hogan $140 million in his invasion of privacy suit against Gawker. C&G's Daniel H Tabak was counsel for Mr. Hogan during these proceedings. 

Daniel H Tabak led Hulk Hogan's legal team in the Gawker bankruptcy which resulted in Hogan's $31 million settlement with Gawker. The gossip news site filed for bankruptcy in June of 2016 after a Florida jury awarded Hogan $140 million in his invasion of privacy suit.
For the fifth consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation.  In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, and Karen H Bromberg were all individually recognized in the publication’s 2017 guide.
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.

Daniel H Tabak is leading the team representing Hulk Hogan in the bankruptcy case against Gawker and Nick Denton. The following news outlets provided coverage:

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

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.

Read more

A recent edition of Law360 reported on the U.S. Supreme Court’s 6-3 ruling which states that laws hostile to class action waivers cannot circumvent the Federal Arbitration Act. In this article, Larry Gresser weighs in on the significance of the decision.
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.
Cohen & Gresser is pleased to announce that the firm and five of its attorneys are recognized in the 2015 edition of Chambers USA, a national ranking guide that recognizes outstanding lawyers and law firms across the United States who are strongly recommended based on in-depth interviews with thousands of lawyers, clients, and industry leaders, with the most weight assigned to client feedback. The final rankings take into account a lawyer's legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment to the profession, among other qualities most valued by clients.
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
Cohen & Gresser is pleased to announce the promotion of Mark Spatz to Counsel.

In a follow-up interview with Corporate Counsel Business Journal, Thomas E Bezanson joins Hon. George Bundy Smith to discuss the appeal proceedings in Larabee v. Spitzer, a case in which he argued for increased compensation for four New York State judges.

In an interview with Corporate Counsel Business Journal, Thomas E Bezanson joins Hon. George Bundy Smith to discuss his role in Larabee v. Spitzer, a case in which he argued for increased compensation for four New York State judges.

In this article published in New York Law Journal, Jeffrey Lang and Colin Bridge provide an in-depth discussion of Ontario Provincial Council of Carpenters’ Pension Trust Fund v. Walton, where the Delaware Court of Chancery provided a cautionary lesson for corporate boards and their counsel on the risks of sharply limiting the scope of responses to shareholder demands for information.
In an article recently published in the New York Law Journal, C&G’s Jeffrey Lang and Luke Appling examine the Department of Justice’s federal civil forfeiture program, an important component of the DOJ’s strategy for disrupting criminal activity, including corporate fraud and other financial crimes, whereby property connected to unlawful activities is subject to seizure. Such forfeiture proceedings pose numerous threats to the property rights of everyone with an interest in the particular property, regardless of culpability. The article presents a focused discussion on the critical issues that property owners and their counsel ought to be aware of at the outset of such an action.
Last week, the UK’s Insolvency Service published statistics on its enforcement activities and outcomes during the last financial year. The Report describes The Insolvency Service’s enforcement activities in the areas of director disqualifications, company enforcement actions, bankruptcy and debt relief matters, and criminal prosecutions. It also illustrates certain enforcement trends in director disqualifications.

In this C&G Client Alert, Thomas Shortland, John Gibson and Ashley Collins:

  1. highlight three trends in director disqualification enforcement which emerge from the Report;
  2. suggest factors that may have contributed to these trends; and
  3. discuss whether these trends are likely to continue.

They also provide some insights on contested disqualification proceedings from recent cases.

In his latest column for the NY Business Law Journal, C Evan Stewart explores the aftermath of the U.S. Supreme Court’s 2019 decision in Lorenzo v. S.E.C.—the “bad sign” referenced in his title—in which the Court undercut its prior clear distinction between primary and secondary liability for securities fraud. He discusses how the Securities and Exchange Commission has tried to push the envelope even further, with varied results.

The United States Federal Trade Commission and the Department of Justice recently took actions that signal their intent to increase antitrust enforcement, particularly in the private equity sector.

  • Last month, the FTC released a new policy statement noting its broadened view of the scope of its power under Section 5 of the FTC Act, signaling that it may find certain private equity rollups violate its interpretation.
  • The FTC policy statement came on the heels of a DOJ announcement that it would be increasing the enforcement of Section 8 of the Clayton Act.
  • These developments underscore the need for private equity companies to take particular care in observing U.S. competition laws, as there will be greater scrutiny of private equity firms.

In this client alert, Melissa Maxman, Ronald Wick, and Alisa Lu analyze what these actions mean for the future of antitrust enforcement in the private equity sector and provide insight into how PE firms can prepare themselves for continued additional scrutiny.

In this article for Finascope, Muriel Goldberg-Darmon, Louise Le Guilchet, and Pierre Wolman address the complexity of the new European regulations, Taxonomie and CSRD (Corporate Sustainable Reporting Directive), that strengthen the requirements for companies in terms of extra-financial reporting. They also analyze the risks litigation companies now face as a result of the new regulations.

In his latest column for the Federal Bar Council Quarterly, C Evan Stewart reviews a legal proceeding that he says seemed to capture the New York City of the 1970s and early 1980s more than any other.

In a case summary for the Young Fraud Lawyers Association (YFLA) Newsletter, Charlotte (Lottie) Ritchie explores the facts, procedural history, and final decision in R v Andrewes (Respondent) – [2022] UKSC 24, a case addressing how the Proceeds of Crime Act 2002 applies to CV fraud.

In short: Should a defendant be stripped of their full earnings from a job obtained by lying on their CV? In answering the question on appeal, the Supreme Court called for a proportionate remedy that considered the earnings received by the defendant as well as the earnings he would have received but for the deception. The case serves as a cautionary reminder that lying on a CV is a crime, and inflated earnings received as a result may be confiscated.

In an article for Corporate Disputes, C Evan Sewart discusses a 2022 decision by the Fifth Circuit Court of Appeals to vacate a previous SEC ruling – a decision unique in its willingness to override the authority of the SEC.

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.

In an article for NY Business Law Journal, C Evan Stewart explores the obligation lawyers have to report other lawyers for misconduct, discussing the potential negative implications and ethical complexities that arise from “ratting out” fellow attorneys.  

Reprinted with permission from: NY Business Law Journal, Summer 2022, Vol. 26, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.  

Underwood v. Coinbase Global, Inc., et al., a closely-followed putative class action in the Southern District of New York, alleges that Coinbase, a secure online platform for buying, selling, transferring, and storing cryptocurrency, is in violation of the securities laws for selling 79 securities on its platform despite not being registered as an exchange or broker-dealer.

  • Coinbase recently filed a Motion to Dismiss that has significant potential implications for the statutory seller defense in the crypto context.
  • In its motion, the company argues that it is not a statutory seller and therefore lacks privity with its customers, absolving it of all liability under the Securities Act and Exchange Act.
  • The basis for Coinbase’s motion is contained in its user agreement, which specifically states that when users buy or sell assets on the Coinbase site, they are not buying or selling them "from Coinbase."
  • The case presents an interesting question in the context of suits against crypto exchanges: can statutory seller liability be extinguished by a user agreement saying that customers are not transacting with the exchange, even though the exchange maintains the keys and controls the crypto at all times until it is transferred to the customer?
In this client alert, Doug Pepe analyzes the arguments in Coinbase’s recent Motion to Dismiss in Underwood v. Coinbase Global, Inc., et al., explores the key questions they raise, and offers insight into the potential implications for the statutory seller defense in the crypto context.

 

What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud?
  • Earlier this month, the Court of Appeal overturned the previous decision of the High Court in Philipp v Barclays Bank UK Plc.
  • The claim concerned the liability of Barclays Bank for carrying out transfers that constituted an ‘authorised push payment’ fraud on Mrs Philipp – transfers that were requested and authorised by her, but induced by a third party through the use of fraudulent representations.
  • Mrs Philipp had argued that Barclays was liable for her losses because of its failure to comply with its Quincecare duty – a duty that has risen to prominence as a result of several high-profile cases in recent years.
In this client alert, Jumana Rahman and Lottie Ritchie explain what a Quincecare duty is, take a brief look at recent cases applying it, and discuss what Philipp v Barclays could mean for future cases concerning the scope of the duty.
In this article for Finascope, Muriel Goldberg-Darmon, Guillaume Guérin, and Pierre Wolman discuss the Autorité des Marchés Financiers (AMF's) modification of the Investigations Guidelines (Charte de l’enquête et du contrôle) regarding the right to remain silent. They also examine its articulation with a potential obstruction and/or cooperation with the AMF during an investigation.

 
In this bylined article for Forbes, Muriel Goldberg-Darmon discusses the latest trends in the SPAC market in Europe and the U.S. She also examines recent EU recommendations and potential risks regarding the disclosure of information.

In this article for the New York State Bar Association, C. Evan Stewart explores the consequences of lawyers serving as directors of public companies and examines the ongoing criminal trial of USA v. Holmes.

The corporate bankruptcy & insolvency litigation landscape has drastically changed as a result of COVID-19. With government relief packages winding down, the financial impact of the pandemic will increasingly be playing out in bankruptcy and insolvency proceedings. As this picture becomes clear, businesses should understand the key questions and answers necessary to prepare for resulting disputes.

  • What are the common issues arising in the corporate bankruptcy and insolvency process in today’s market, and how will those issues complicate bankruptcy litigation?
  • How have recent court rulings impacted the corporate bankruptcy litigation space, and how are these issues likely to affect parties going forward?
  • What are the most significant factors in reaching as positive an outcome as possible for all parties involved in a bankruptcy dispute?

In this roundtable feature published by Financier Worldwide, Daniel H Tabak joins other bankruptcy and litigation experts from the United States and United Kingdom to answer these questions and more. The panelists discuss recent trends and examine what’s next for businesses that may find themselves navigating bankruptcy and insolvency disputes and what they need to know going forward.

In this bylined article for the New York Business Law Journal, C. Evan Stewart examines three recent federal court decisions related to attorney-client privilege and work product issues to provide a chronological review that should be helpful for litigators addressing these important matters.

The UK Supreme Court recently handed down its hotly-anticipated judgment in the business interruption insurance test case (FCA v Arch and others [2021] UKSC 1). The judgment extends, in certain respects, findings in favour of certain policyholders of business interruption insurance made by the High Court. In this client alert, Jumana Rahman, Thomas Shortland, and Charlotte Ritchie focus on the implications of the Supreme Court judgment for causation issues in insurance law and the wider law and address the consequences of the judgment for various key stakeholders.

In his latest column for Federal Bar Council Quarterly, C Evan Stewart highlights two judicial decisions, one by the Chief Justice of the United States and another by an Associate Justice of the Supreme Court, which serve as bookends to help better understand President Lincoln’s track record on constitutional rights during the prosecution of the Civil War.

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 latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the U.S. Supreme Court infamous decisions in the Insular Cases.

In this C&G client alert, Jumana Rahman, Thomas Shortland, and Charlotte Ritchie discuss the legal and practical implications of the UK Supreme Court’s recent ruling on the reflective loss principle in Sevilleja v Marex.
In his latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the trial of O.J. Simpson.
Daniel H Tabak and Lauren J Salamon discuss the first case addressing force majeure in the context of government-ordered closures to halt the spread of COVID-19.
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.
Jumana Rahman and Charlotte Ritchie discuss the English law implications of the COVID-19 pandemic on force majeure clauses, borrower-lender relations, offshore and fund litigation, and insurance cases, and consider the potential for transformational changes in the law, in an article for Lawyer Monthly

In his latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the infamous Supreme Court ruling on Bush v. Gore.

John W Gibson, Tim Harris, and Patrick Ferguson discuss the enforcement risks created by cum-ex transactions and the implications for jurisdictions, such as the UK, where cum-ex transactions per se have not been carried out, but where dividend arbitrage trades carry a risk of facilitating tax evasion, money laundering, or market abuse.

In his latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the events that ultimately led to the indictment, conviction, reinstatement, and presidential pardon of attorney I. Lewis "Scooter" Libby, Chief of Staff to former Vice President Dick Cheney.

C Evan Stewart explores the Sarbanes-Oxley protocols and states' ethical standards in his latest column for the NY Business Law Journal.

C Evan Stewart examines the U.S. Supreme Court decisions in the gold clause cases of the 1930s in his latest Legal History column for the Federal Bar Council Quarterly.

C Evan Stewart explores the ethical and legal questions that have challenged attorney-client privilege throughout the years.

Reprinted with permission from: NY Business Law Journal, Winter 2018, Vol. 22, No. 2, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.

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.

C Evan Stewart explores Buck v. Bell in his latest piece for the Federal Bar Council Quarterly.

In an article for the Federal Bar Council Quarterly, C Evan Stewart explores the impact of the Due Process Clause of the Fourteenth Amendment as it relates to the right of economic free will, or "freedom of contract."

Parties often opt for arbitration to obtain confidentiality that is unavailable in court proceedings. This alert addresses two recent decisions that address the confidentiality of proceedings before the Delaware Court of Chancery.  In these cases even the Delaware legislature, the agreement of the parties, and genuine confidentiality concerns could not trump the presumption of open public proceedings.
The recent comScore decision and others allowing privacy cases to proceed in the absence of actual damages may imply that the legal landscape is changing. In fact, comScore suggests that if a lead plaintiff in a purported privacy class action can overcome the standing hurdle by citing statutory damages, then the class certi­fication hurdle may also be manageable.

Recent arbitration cases, including the “game changer” AT&T Mobility LLC v. Concepcion, suggest new ways a defendant should proceed if the right to arbitrate is at all unclear. Perhaps most import, a defendant should think long and hard about expressly disclaiming the right to arbitrate any claims, even if it seems momentarily advantageous.

A memorandum from in-house counsel advising company employees on how to maintain the attorney-client privilege over their communications with the company’s attorneys, and further explaining the nature of counsel’s relationship with the company and its employees.

This document includes an integrated note with important explanations and drafting tips for creating a letter from a company notifying a potential defendant of its intent to file a lawsuit.

Mr. Stewart opines on the growing consensus that class actions are not always the best means by which to resolve complex litigation.

Marvin Lowenthal was a speaker at the collaborative round table discussion titled "Don't Let Your AI Control You: Manage AI Trust, Risk and Security" at the Global GRC, Data Privacy & Cyber Security ConfEx. The panel discussed:

  • Building Trust: Ensuring transparency, fairness, and accountability in AI systems to establish trust.

  • Risk Assessment: Identifying potential risks associated with AI, such as privacy breaches, bias, and security vulnerabilities.

  • Security Measures: Implementing robust security measures, including authentication, encryption, and access controls, to protect AI systems.

  • Ethical Considerations: Addressing ethical concerns related to AI's impact on society, values, and human rights.

  • Continuous Monitoring: Regularly evaluating and monitoring AI systems to detect and mitigate emerging risks.

On 13 March 2023, Thomas Shortland spoke at an event run jointly by the Chancery Bar Association and the Judges of the Business and Property Courts (Chancery Division). The purpose of the event was to encourage barristers and solicitor advocates to participate in the Chancery Bar Association’s Litigant in Person Support (CLIPS) Scheme. CLIPS is the Chancery Bar Association’s flagship pro bono scheme run in association with Advocate (the Bar’s national pro bono charity) and with the assistance of members of other specialist bar associations. The scheme provides on-the-day assistance to unrepresented litigants in the daily Interim Applications List in the Chancery Division and in the Business and Property List at Central London County Court. Tom spoke at the event alongside The Honorable Mr Justice Fancourt, Andrew de Mestre KC (4 Stone Buildings) and Emma Horner (4 Stone Buildings).

Melissa H Maxman moderated an American Bar Association panel during the Class Actions National (Virtual) Institute that examined the ethical challenges and boundaries  to class action settlements. The panel explored several themes, including attorney communications with absent class members; potential conflicts of interest between class members; and objectors to class action settlements.

Erica Lai moderated a panel discussion about protecting voter rights amidst the COVID-19 pandemic with three of the attorneys leading this important charge.  The panel was put on by the Asian Pacific American Bar Association of the Greater Washington, D.C. Area (APABA-DC), with the support of national and local minority bar associations.

Erica Lai participated in an alumni panel at the Penn Club of DC. The discussion centered on the current state of diversity and inclusion in the legal industry.
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."
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.
Thomas Shortland participated in a panel discussion as part of a seminar run by Practising Law Institute entitled "Cross-Border Trends, Tactics, and Strategic Insights: What European and U.S. Lawyers Should Each Know About Litigating Abroad."  The panel discussion concerned trends in U.S. class actions, how they affect the road ahead for class/group claims in Europe, and the impact of litigation funding on litigation in Europe.
Erica Lai moderated a panel with three lead attorneys from the litigation that enjoined the U.S. Department of Commerce from adding a question to the 2020 decennial census that would have required respondents to identify the citizenship status of every member of their households. Plaintiffs brought claims under the Census Clause of the U.S. Constitution and the Administrative Procedure Act alleging that adding the question would cause a disproportionate undercount in states with high numbers of non-English speakers, immigrants, and people of color, resulting in an inaccurate and incomplete head count. The panel was put on by the Asian Pacific American Bar Association of the Greater Washington, D.C. Area (APABA-DC), with the support of other local minority bar associations.
Erica Lai spoke on a panel with other counsel who represented or spearheaded amici briefs in the trio of watershed Title VII cases before the U.S. Supreme Court in the 2019-20 term:  Bostock v. Clayton County, Georgia, Altitude Express, Inc. v. Zarda, and R.G. & G.R. Funeral Homes v. Stephens. The cases address whether Title VII’s prohibition on employment discrimination “because of . . . sex” encompasses discrimination based on sexual orientation or gender identity. The panel discussed the U.S. Supreme Court arguments held earlier in the day. Erica Lai and C&G’s Washington, D.C. office filed a brief on behalf of the National Women’s Law Center and 36 other women’s rights groups answering the question in the affirmative and in support of the employees.

Muriel Goldberg-Darmon, Associée du cabinet Cohen & Gresser à Paris et leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un petit-déjeuner au cours duquel Yousr Khalil & Caroline Fagard, de Forensic Risk Alliance, ont fait une présentation sur l’eDiscovery et Forensic Accounting dans les contentieux et investigations. Des avocates de cabinets français ou internationaux, reconnues pour leur compétence en la matière, ont participé à cet évènement.

(Partner Muriel Goldberg-Darmon, leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast at Cohen & Gresser’s Paris office during which Yousr Khalil & Caroline Fagard from Forensic Risk Alliance spoke about eDiscovery and forensic accounting in litigation and investigations. High-profile female lawyers from major French and international law firms joined the breakfast).

Lawrence T Gresser led a discussion, titled “Looking Forward,” at the Cambridge Forum on English-American Litigation addressing the growth of litigation funding, expected trends in the business of law, and developments in privacy litigation in the U.S. and UK. Larry serves as the Co-Chair of the 2019 Steering Committee.
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.
C. Evan Stewart was a speaker on an expert panel that addressed various facets of arbitration.
Partner Melissa Maxman spoke at the 22nd Annual National Institute on Class Actions hosted by the American Bar Association in Chicago. The panel discussion, “Big Price Tags, Big Issues”, explored the proliferation of third-party financing and its challenges.

Mark S Cohen participated in a CLE panel titled “Ethical Issues in Jury Trials” at PLI’s annual Trial by Jury. The panel discussed issues including avoiding ethical pitfalls and making ethical decisions, preparing a witness without coaching, dealing with a witness whose story changes or conflicts with other evidence, and issues involved with using jury consultants and investigating jurors. 

Lawrence T Gresser spoke at the 2017 Forum on Defense Class Action regarding Rule 12, The Motion to Dismiss. The session covered how the courts have applied Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) at the pleading stage, and reviewed the current status of other defenses that are often raised by defense counsel in motions to dismiss putative class actions.

Lawrence T Gresser participated on a panel titled “Everything You Know Is Wrong: A Strategic Overview of Current Trends in the Two Jurisdictions” at the English-American Litigation Forum. The discussion covered trends and events including Brexit and the election of President Trump and their implications on the business and practice of law.

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 examined the legal principles surrounding extraterritorial application of U.S. criminal law and its limitations. It also covered 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.
Partner Dan H Tabak served as a panelist in a webinar for the IPO IP Chat Channel discussing the status of conflict waivers under legal and ethical rules, the various types of advance waivers, and how courts have evaluated the text of the waiver and the surrounding facts in a number of decisions. The panelists will also offer tips for how to negotiate and draft advance waivers that can best serve the needs of both clients and law firms.
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. 
C&G’s Evan Stewart participated on a 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.
This presentation focused on discovery and settlement in cross-border litigation in the United States and Western Europe as well as on international commercial arbitration.
C. Evan Stewart was a speaker at the Bloomberg BNA professional learning course.
This presentation focused on e-discovery procedures from various United States district courts to illustrate that variations in discovery rules may influence not only the costs, but also the substantive outcome of the case.