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, class action defense, commercial disputes, directors and officers litigation, employment, healthcare litigation, partnership disputes, products liability, real estate 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.  Our attorneys have 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 a 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 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 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.  And that same focus — along with our intensity, creativity, and negotiating skill — helps us settle cases on excellent terms.

Our litigation and arbitration team has been recognized in leading rankings publications. 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 strong financial litigation practice, and noted that our attorneys “put themselves in their clients’ shoes and use litigation as a tool to advance their clients’ causes or solve their problems in a creative, efficient and cost-effective manner.”

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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.
Cohen & Gresser announces the expansion of its white collar defense offering with the appointment of Tim Harris as a senior associate in the firm’s London office. Tim brings a long track record as a financial crime lawyer and will focus primarily on white collar matters, including internal and regulatory investigations. He also provides noncontentious advice with respect to tax evasion, antibribery and corruption, and antimoney laundering regulations.
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.
Cohen & Gresser announces the expansion of its disputes offering with the appointment of Jumana Rahman as Partner in the firm’s London office. Jumana will lead Cohen & Gresser’s UK commercial litigation practice. She has a particular focus on banking and financial services litigation and funds litigation, as well as judicial review claims. She brings over 20 years of experience acting for a range of clients in banking and financial services, investment and hedge funds, and large corporates, in proceedings in various jurisdictions including Antigua, the Bahamas, the British Virgin Islands, the Cayman Islands, the Channel Islands, Cyprus, Hong Kong, Singapore, and the U.S. Jumana also has extensive experience representing Middle Eastern and African clients in complex international matters.
We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.
Mark S Cohen, Jason Brown, C Evan Stewart, and Thomas E Bezanson were recognized in The Best Lawyers in America's 2020 New York listings. Mark and Jason were recognized for white collar criminal defense; Evan for securities litigation; and Tom for commercial litigation and product liability litigation defense.
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.
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.
Cohen & Gresser announces the expansion of its civil litigation and white collar defense practices in Paris with the addition of partner Loïc Henriot and associates Céline Dangauthier and Magalie Jullien. The team joins C&G from Henriot Avocats, where they advised global clients on complex civil and commercial litigation as well as regulatory investigations, internal investigations, and white collar criminal cases.
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.
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.
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."
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.

John W Gibson and Tim Harris 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.

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.

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

C Evan Stewart will discuss "Human Nature and Securities Disputes" at an upcoming New York State Bar Association webcast, titled "Securities Arbitration 2020: Deep Dive."

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.
Nathaniel P T Read participated in a panel, titled “Overseas Evidence Gathering,” at a Federal Bar Council CLE program. In addition to discussing the methods by which U.S. litigators obtain evidence in foreign jurisdictions for U.S. legal proceedings, the panel offered practice pointers and suggestions for obtaining favorable results while navigating the challenges of foreign legal mechanisms.
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).

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.
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.
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.
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.