Regulatory Enforcement

Our Regulatory Enforcement group represents corporate and individual clients in connection with investigations conducted by various federal and state regulatory agencies.

We have represented clients in investigations conducted by virtually every significant federal agency, including the Securities and Exchange Commission (SEC), Commodities Futures Trading Commission, Federal Reserve, Fair Trade Commission, Federal Communications Commission, Federal Elections Commission, and Federal Aviation Administration. We also have extensive experience with state regulators, including the Offices of the New York, Massachusetts, and Connecticut Attorneys General, as well as self-regulatory organizations, including FINRA and the New York Stock Exchange.

Our Paris team has significant experience in investigation, control, and sanction proceedings before French authorities, such as the French financial market authority (AMF), the banking authority (ACPR), and the French National Commission on Informatics and Liberty (CNIL – Commission nationale de l’informatique et des libertés).

Our U.S. and French offices seamlessly work together to provide assistance on matters relating to international cooperation procedures between regulators, including the SEC and AMF, and in cross-border investigations led by the U.S. Department of Justice.

When representing our clients in active regulatory investigations, we have effectively employed varying strategies. These include aggressive advocacy to avoid litigation, including extensive experience with the SEC Wells process and AMF-type settlement agreements, the comprehensive defense at trial of civil litigation brought as a result of a regulatory investigation, and, where appropriate, providing active cooperation with and assistance to regulators.

We are also engaged in compliance counsel roles, in which we are available to address real-time securities law compliance concerns, and we frequently offer advice in connection with securities issues.

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Cohen & Gresser has been selected for inclusion in the GIR 100, Global Investigation Review’s annual guide to the world’s leading law firms for investigations. The guide notes that C&G’s “reputation in the investigations space is soaring,” and highlights the firm’s “high-profile hires,” “big cases,” and  “important victories” in the United States, France, and the UK.
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.

Miriam González has been named to Law360’s 2019 International Trade Editorial Advisory Board and will offer her insight and expertise in the field to best shape future coverage of the international trade landscape.

C Evan Stewart is quoted in The New York Times regarding how federal regulators will be changing their annual stress tests. He notes that the changes take into account how "time-consuming and resource-oriented" these processes are.

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.

Cohen & Gresser has been recognized in 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."

Cohen & Gresser announces the expansion of its White Collar Defense & Regulation team in Paris. Partner Muriel Goldberg-Darmon and Guillaume Guérin will advise listed companies and their managers, investment funds, insurance companies, and financial institutions on a wide range of regulatory and compliance issues, investigations, and corporate transactions.

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

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Cohen & Gresser is pleased to announce the expansion of the firm's litigation and arbitration and white collar defense practice groups with the addition of partner Stephen Sinaiko to our New York office.

In a recent article for Forbes, Muriel Goldberg-Darmon discusses the benefits of an entity's or individual's cooperation during an enforcement procedure before the Autorité des marchés financiers (AMF, the French financial market regulator).

The law of insider trading has long been criticized as lacking clear standards for what constitutes a violation.  Unlike many aspects of federal securities regulations, insider trading is not defined by statute or regulation.  Instead, the contours of this complex area have for decades been drawn by shifting and sometimes conflicting judicial interpretations of the anti-fraud provisions of the Securities Exchange Act of 1934 and related rules.

In May, Congress took a big step toward clarifying this area of the law, when the Financial Services Committee of the U.S. House of Representatives unanimously approved the Insider Trading Prohibition Act.  If the bill becomes law, it would simplify an inherently complex area, but might also lead to regulators and prosecutors bringing more insider trading cases.

Jonathan S Abernethy, S Gale Dick, and Christian R Everdell authored an article titled “The Department of Justice’s new ‘piling on’ policy” for the International Bar Association’s October 2018 Criminal Law and Business Crime Newsletter.

This article first appeared on the website of the Criminal Law Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

Christian Everdell analyzes the potential implications on the regulation of cryptocurrency as a result of Ryan Coffey v. Ripple Labs, Inc. in his latest article for Law360

Mark S Cohen explores the international regulatory landscape in an article titled, "Managing the Risks of Cross-Border Investigations for Israeli Businesses," published in the Israel Desks Guide from Nishlis Legal Marketing.

Even start-ups are being disrupted! In this article, C&G counsel Christian Everdell examines the SEC’s role in regulating Initial Coin Offerings.

This article addresses one aspect of the United States’ multi-faceted campaign to recover income taxes and penalties on undisclosed offshore accounts – the U.S. Department of Justice’sinvestigation and criminal prosecution of foreign banks that are alleged to have opened and maintained accounts for U.S. taxpayers.  The Department of Justice has argued that by enabling U.S taxpayers to open and maintain accounts that the taxpayers did not report to the Internal Revenue Service, the banks participated in efforts to defraud the United States of taxes owed on the accounts.  The authors examine in particular the impact of the Department of Justice’s Program for Swiss Banks, a voluntary disclosure program negotiated with the Swiss government in which about 100 Swiss banks registered to participate, the extraordinary information being collected, and assess other countries that may become the next focus of investigation.    

This article outlines some considerations to keep in mind in identifying jurors who may be more or less receptive to common trial themes in health care industry cases.  Topics include juror attitudes toward industry and the medical profession, views of government and its role in health care, and more general personality traits and methodologies that may influence jurors’ analysis of key recurring issues. 

Christian R Everdell will speak about cryptocurrencies, blockchain, ICO enforcement actions, and government-backed and private stablecoins as a guest lecturer at Harvard Law School's Computer Crime Law class.
Jonathan S Abernethy spoke on a panel about defending individuals in corporate internal investigations and related prosecutions at this year’s IBA Annual Conference in Seoul.

Partner Muriel Goldberg-Darmon spoke to visiting Law and International Management students about the annual controls and investigations carried out by the Autorité des marchés finaciers (AMF). This was the first session of HEC Paris DMI’s Law Project titled “Market Abuse.”

Partner Chris Everdell spoke about cryptocurrencies, blockchain, and ICO enforcement actions as a guest lecturer at the Computer Crime Law class at Harvard Law School.

Partner Muriel Goldberg-Darmon spoke at the AMF Enforcement Committee’s annual symposium on October 3, 2018, as the only speaker from a private law firm.  Muriel was a panelist for the second round table on “Cooperation between the respondents and the AMF during investigations or inspections and sanctions,” which was moderated by Jean Gaeremynck, State Councilor and member of the AMF Enforcement Committee.  Muriel’s fellow panelists were:  Jean-Luc Blachon, First Vice-Prosecutor at the Parquet National Financier; Sophie Bresny, Head of the Inspections Unit at the Autorité de la concurrence; Andrew Cotterell, Head of Law, Policy & International at the FCA (Financial Conduct Authority); and Benoît de Juvigny, Secretary General of the AMF.

Christian Everdell participated on the "Focus on CryptoCurrency: How to Identify Transactions that are Using Digital Currency to Avoid U.S. Sanctions" panel at the ACI's 11th Flagship Conference on Economic Sanctions: Enforcement & Compliance. The panel discussed how new payment methods are challenging the existing banking system for risk and compliance, how non-US companies use digital currency to avoid US sanctions rules, and how financial institutions can protect themselves.

Jon participated in a panel at the IBA’s 20th Annual Transnational Crime Conference in Lisbon, Portugal.  The panel, entitled “The Right to Silence When Everyone Else Is Talking,” examined the right against self-incrimination from the perspective of several countries in a world of increased cross-border information sharing between investigators, regulators, and prosecuting authorities.

Experiential legal learning platform AltaClaro has partnered with international law firm Cohen & Gresser, LLP to host a live online panel to discuss current trends in anti-money laundering enforcement. The panel is complimentary for in-house counsel, white-collar and regulatory attorneys, and compliance professionals.

A conference organized in partnership by Sorbonne University and C&G in relation to the French anti-corruption law, Loi Sapin II
 
Discussion topics include: 
  • Genesis of the law
  • Apprehending the risks in a company
  • Deployment of compliance programs within a company
  • Protection of whistleblowers
  • The new mechanism of transaction (differed prosecution agreement)
  • The monitoring process
  • Final remarks by the vice president of the Assemblée Nationale.

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