White Collar Defense and Regulation

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.

The guide highlights C&G’s “elite group of practitioners” and use of advanced machine learning techniques and notes that the firm “handle[s] cases that are every bit as complex and challenging as big, national law firms.” Commentators noted that the firm “punches way above its weight” in litigation and investigation matters.

C&G Co-Founder Mark S Cohen is one of only two lawyers in the United States to be recognized as a “Leading Lawyer” in both Securities Litigation: Defense and Corporate Investigations and White-Collar Criminal Defense. Commentary from The Legal 500 recognizes Mark as a “top-tier advocate” who is “at the top of the profession” and “can litigate with the best of them.”

For the first time, C&G’s Antitrust practice has been recognized in Antitrust: Civil Litigation/Class Actions: Defense for its handling of class action cases concerning allegations of cartel behavior, monopolization, and other exclusionary conducts. The Legal 500 cites the leadership of Melissa H Maxman and the addition of “heavyweight” lawyer John Roberti as key reasons for the practice’s recognition.

C&G is again recognized in the Advice to Individuals and Advice to Corporates categories of the Corporate Investigations and White-Collar Criminal Defense section. The Legal 500 commentary notes that the practice is led by “partners with deep experience who obtain excellent results for clients” and is “well placed to handle transatlantic cases” with offices in New York, Paris, and London, and has “particular expertise in financial crime, antitrust enforcement, public corruption, and tax issues.”

The guide has also recognized C&G once again in the General Commercial Disputes category, praising the practice for showing the “discipline and focus necessary to win a case.” Testimonials from the guide highlight the team’s ability to “handle large and complex matters” with “experienced people, good judgment,” and “better use of technology.”

For the 10th consecutive year, C&G has been recognized in the Securities Litigation: Defense category for the firm’s “expertise in the financial services sector” and “recognized trial expertise” in cross-border and domestic securities litigation and enforcement proceedings. The Legal 500 emphasizes the team’s “strong practitioners” and “attentiveness to clients” in the 2022 guide.

Recognized Practices:

• Antitrust: Civil Litigation/Class Actions: Defense
• Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
• Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
• General Commercial Disputes
• Securities Litigation: Defense

Antitrust: Civil Litigation/Class Actions: Defense

• Melissa H Maxman
• John Roberti
• Ronald F Wick

• Jonathan S Abernethy
• Jason Brown
• Mark S Cohen
• S Gale Dick
• Jeffrey I Lang
• Melissa H Maxman
• Reggie Schafer

• Mark S Cohen
• S Gale Dick
• Lawrence T Gresser
• Melissa H Maxman
• Daniel H Tabak

• Jonathan S Abernethy
• Mark S Cohen
• S Gale Dick
• Lawrence T Gresser

The Legal 500 analyzes the capabilities of law firms across the world. Its rankings “highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel.”

C&G’s Commercial Litigation practice is once again ranked in Litigation: General Commercial: Highly Regarded. The practice is recognized for being “regularly sought after by individuals and corporates for representation in securities class actions and derivative matters, as well as various shareholder and product litigation.” Clients note that the team is comprised of “litigators that you don’t want to mess with” and is one that “you can rely on.”

C&G’s White Collar Defense & Regulation practice is ranked in Chambers USA for the ninth consecutive year. The practice maintains its position as one of the “Elite” firms in Litigation: White-Collar Crime & Government Investigations. Chambers highlights the practice’s “talented pool of litigators with a wealth of government experience” and its “international presence” as key reasons for its continued ranking. Commentary from the guide notes that the practice is “a substantial player in the New York white-collar world” that has “burst onto the scene with strong former prosecutors” and “good results for their clients.”

Ranked Departments:

• Litigation: General Commercial: Highly Regarded
• Litigation: White-Collar Crime & Government Investigations: The Elite

District of Columbia

Antitrust: Litigation Specialists

• Melissa H Maxman
• John Roberti

New York

Litigation: General Commercial

• Lawrence T Gresser

• Mark S Cohen

• Jonathan S Abernethy
• Mark S Cohen
• Christian R Everdell

Leading practitioners are determined by an independent analysis of the opinions of corporate counsel and investigations experts from around the world. Richard joins a distinguished group of lawyers and experts from 46 jurisdictions who are “considered leaders in the field.”

Who’s Who Legal is an organization that identifies the foremost legal practitioners and consulting experts in business law based upon comprehensive, independent research.

International law firm Cohen & Gresser is pleased to announce the arrival of Sir David Green CB QC, barrister, former director of the Serious Fraud Office (SFO), and previously director of the Revenue and Customs Prosecutions Office. He joins the firm as a partner in the White Collar Defense & Regulation practice group in its London office, working alongside fellow partners John W Gibson and Richard Kovalevsky QC to create one of London’s most experienced White Collar Defense & Regulation practices.

Sir David’s hire continues Cohen & Gresser’s strategic expansion of its global capabilities through the addition of highly-regarded lawyers providing clients with collaborative and sophisticated cross-border support. Sir David will work closely with the firm’s international offices to serve the needs of both corporates and individuals facing complex domestic and multijurisdictional investigations.

“Cohen & Gresser brings a fresh and energetic approach to international investigations. They are a highly-specialized and close-knit team of former prosecutors and leading lawyers that can work across borders and seamlessly advise clients across jurisdictions,” said Sir David. “I am looking forward to partnering with the firm’s talented group of lawyers and working with clients on key investigations and enforcement matters.”

Sir David previously served as SFO director from 2012 until 2018 and is widely recognized for strengthening the enforcement agency and overseeing many of its most high-profile investigations. As SFO director, Sir David increased coordination with other global regulatory and enforcement agencies, including the U.S. Department of Justice (DOJ). His understanding of cross-border collaboration between international agencies will aid C&G clients in all jurisdictions.

“Few lawyers have the experience and expertise that Sir David has accumulated during his career. His decision to join Cohen & Gresser is further proof of the firm’s growing strength and reputation,” said Lawrence T Gresser, global managing partner of Cohen & Gresser. “I am confident that Sir David’s strategic guidance and first-hand knowledge and insight from working with the world’s leading regulatory and enforcement agencies will be an excellent asset for our clients, and I am pleased to welcome him as a partner at C&G.”

Sir David is well-known for securing the UK’s first Deferred Prosecution Agreements (DPAs) and the first convictions under the UK Bribery Act. His unrivaled experience and understanding of these crucial areas will offer clients a unique perspective and allow him to effectively guide corporations and individuals through strategic options, settlement processes, non-prosecution resolutions, and global solutions.

“I am thrilled to welcome Sir David as our partner in London,” said Jeffrey M Bronheim, managing partner of Cohen & Gresser’s London office. “Sir David brings us unique senior insight, experience, and expertise in UK and international investigations and prosecutions. His experience in both private practice and government at the highest levels will provide invaluable support and insight to our clients.”

• Regulatory Investigations and Corporate Crime (Advice to Corporates)
• Fraud: White-Collar Crime (Advice to Individuals)
• Commercial Litigation: Mid-Market

• John Gibson: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
• Richard Kovalevsky QC: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
• Jumana Rahman: Commercial Litigation: Mid-Market
• Thomas Shortland: Commercial Litigation: Mid-Market; Regulatory Investigations and Corporate Crime (Advice to Corporates)
• Tim Harris: Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)

• Jonathan S. Abernethy – Criminal Defense: White-Collar
• Thomas E. Bezanson – Commercial Litigation and Product Liability Litigation: Defense
• Jason A. Brown – Criminal Defense: White-Collar
• Mark S. Cohen – Criminal Defense: White-Collar
• Evan Stewart – Litigation – Securities

• Sharon L. Barbour – Criminal Defense: White-Collar
• Winnifred A. Lewis – Commercial Litigation
• Alexandra K. Theobald – Commercial Litigation

• Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
• Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
• General Commercial Disputes
• Securities Litigation: Defense

• Jonathan S Abernethy
• Jason Brown
• Mark S Cohen
• S Gale Dick
• Miriam González Durántez
• Melissa H Maxman

• Mark S Cohen
• S Gale Dick
• Lawrence T Gresser

• Mark S Cohen
• S Gale Dick
• Lawrence T Gresser
• Nathaniel P T Read

• Litigation: General Commercial: Highly Regarded
• White-Collar Crime & Government Investigations: The Elite

• Karen H Bromberg

• Lawrence T Gresser

• Mark S Cohen

• Jonathan S Abernethy
• Mark S Cohen
• Christian R Everdell

• SFO Ruling Casts Doubt Over Other Foreign Material, Lawyers Claim, The Law Society Gazette
• K. Blocks Bid to Get U.S. Company Documents in Fraud Probe, Bloomberg Law (Subscription Required)
• UK Supreme Court Limits SFO’s Investigative Powers, Global Investigations Review (Subscription Required)
• SFO Suffers Serious Blow to International Search Powers, Law360 (Subscription Required)
• Greenberg Secures Victory in Hotly-Anticipated SFO Supreme Court Battle, com International (Subscription Required)
• Serious Fraud Office Suffers Setback after Supreme Court Decision, The Lawyer (Subscription Required)

Cohen & Gresser has once again been ranked by Global Investigations Review (GIR) as one of the leading law firms in the world for cross-border investigations. The GIR 100 is an independent guide to the world’s best firms for cross-border investigations. Based on submissions from law firms and extensive research, GIR selects the top 100 firms from around the world able to handle sophisticated government-led internal and cross-border investigations.

International law firm Cohen & Gresser today announced that Richard Kovalevsky QC, a distinguished barrister and Queen’s Counsel, will join the firm’s White Collar Defense & Regulation group as a partner in its London office. As head of Criminal Defense for the London office, Richard’s hire will bolster Cohen & Gresser’s highly-regarded White Collar Defense practice and strengthen the firm’s ability to provide clients with sophisticated and strategic guidance on the most complex government and internal investigations.

Mark S Cohen, Jonathan S Abernethy, Jason Brown, C Evan Stewart, and Thomas E Bezanson were recognized in The Best Lawyers in America‘s 2021 New York listings. Mark, Jonathan, and Jason were recognized for white collar criminal defense; Evan for securities litigation; and Tom for commercial litigation and product liability litigation defense. Additionally, Sharon L Barbour, Winnifred A Lewis, and Nicole Dhir were recognized in the New York list of The Best Lawyers in America: Ones to Watch. Sharon was recognized for white collar criminal defense; Winnifred for commercial litigation; and Nicole for commercial litigation and securities litigation.

John W Gibson speaks to Law360 about the light caseload and lack of charges coming out of the Serious Fraud Office. John notes that the current "cases are worthwhile, but they appear to lack the complexity or global scope of international bribery and corruption cases the SFO is designed to pursue." John also praises the Director of the SFO, Lisa Osofsky, for her "bold and impressive charging decision" regarding the recent investigation of GPT Special Project Management, Ltd. (a subsidiary of Airbus) and three individuals for alleged corruption offenses.

• Corporate Investigations and White Collar Criminal Defense: Advice to Individuals
• Corporate Investigations and White Collar Criminal Defense: Advice to Corporates
• General Commercial Disputes
• Securities Litigation: Defense

Chambers has recognized Cohen & Gresser in its 2020 USA guide for its achievements in General Commercial Litigation and White Collar Crime & Government Investigations. Chambers commentary highlights the firm's "thoroughness, quality, responsiveness, client care and availability,” noting that "the level of service is stellar, the work product is uniformly superb,” and that C&G is "a great firm with high quality across the board."

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

Cohen & Gresser's Paris office has been recognized in The Legal 500’s 2020 Europe, Middle East, and Africa guide for its work in seven practice areas: Compliance, Commercial Litigation, Employment, Stock Market Litigation, Tax, White Collar Crime, and IT and Internet. Clients note that the team in Paris “shows great availability and responsiveness” and is “very effective in working through problems and understanding issues to reach reasonable resolutions.”

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.

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

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.

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

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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• While the Act may have disappointed corporate transparency reformers, a number of the Act’s provisions will have a significant impact on those who manage offshore structures and their clients by strengthening individual accountability and increasing exposure to reputational, civil, and criminal litigation risk.
• The Act has had an immediate impact on the Government’s ability to make urgent sanction designations and we anticipate the reforms will breathe new life into the Unexplained Wealth Order regime. However, the question remains whether, beyond the legislation, the NCA, OFSI, and the UK’s other enforcement authorities have the necessary resources to deliver on the Government’s robust agenda.
• While flaws have been identified in the Act, particularly in relation to the effectiveness of the Register of Overseas Entities, the Government has assured the House that new legislation is being drafted (and is likely to be before the House in early summer) to address these deficiencies, including comprehensive reform of Companies House.

• The announcement further suggests that NCET’s initial mandate will broaden the enforcement focus from criminal actors themselves to those who enable and facilitate illicit activities involving cryptocurrency.
• Cryptocurrency exchanges should take appropriate steps to work with counsel to avoid becoming the subject of a DOJ investigation or prosecution.
• The increased scrutiny will also likely extend to all cryptocurrency-focused businesses, NFT platforms, companies that accept cryptocurrency as payment, and even those that merely do business with third parties dealing in cryptocurrency.
• Given the heightened scrutiny from the DOJ and a constantly evolving regulatory landscape, all companies in the industry should evaluate compliance programs and practices to mitigate risk and exposure.

In this C&G client alert, Christian Everdell and Barbara Luse discuss a recent congressional report released by the Senate’s Permanent Subcommittee on Investigations that exposes how Russian oligarchs looking to evade U.S. sanctions are able to exploit loopholes in the art industry and calls for more regulation in a notoriously opaque industry which, according to the report’s findings, undermines one of the most fundamental tools that U.S. administrations use to pressure foreign governments against “bad behavior.”

In this C&G Client Alert, John W Gibson and Tim Harris discuss the Financial Conduct Authority’s (“FCA”) public censure of Redcentric PLC for market abuse and the likely implications for FCA enforcement in the context of the economic conditions created by COVID-19.

John W Gibson, Thomas Shortland, and Ashley Collins outline the key factors company directors must consider when making business decisions during the COVID-19 pandemic, as they may face scrutiny from a range of interested parties including creditors, employees, trade unions, landlords, customers, regulators, insolvency practitioners, and possibly law enforcement.

Dans cette publication, Loïc Henriot, Muriel Goldberg-Darmon, Louise Le Guilchet et Magalie Jullien présentent la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019, qui a vocation à établir des normes minimales communes entre les pays de l’Union européenne pour la protection des lanceurs d’alerte, et analysent les différences qu’elle présente avec le régime de protection des lanceurs d’alerte issu de la Loi Sapin 2.

(In this C&G Client Alert, Loïc Henriot, Muriel Goldberg-Darmon, Louise Le Guilchet, and Magalie Jullien discuss Directive (EU) 2019/1937 of the European Parliament (the “Directive”) on the protection of persons who report breaches of Union law. The Directive is intended to establish common minimum standards among European Union countries to protect whistleblowers.)

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John W Gibson, Tim Harris, Barbara K Luse, and Charlotte Ritchie discuss the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“the 2019 Regulations”) that recently came into force in the UK.  The 2019 Regulations extend anti-money laundering responsibilities to UK art market participants, including art dealers and other intermediaries, in response to the increasing recognition that high value art is used by criminals and terrorist groups to launder and hide money.

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.

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).

In this C&G Client Alert, Melissa H Maxman, Ronald F Wick, Erica Lai, and Danielle Morello discuss the U.S. Department of Justice's (DOJ) announcement that it will now consider crediting companies for “robust” compliance programs at the charging stage of criminal antitrust investigations. This signals a reversal of the DOJ’s longstanding policy of allowing substantial penalty reductions only for “early-in” whistleblowers.

This C&G Client Alert examines the proposed Insider Trading Prohibition Act recently unanimously approved by the Financial Services Committee of the U.S. House of Representatives. If the bill becomes law, it would simplify an inherently complex legal area, but might also lead to regulators and prosecutors bringing more insider trading cases.

Miriam González Durántez and John W Gibson discuss the deal and no-deal implications for finance and sanctions following a “Brexit” in The Law Society Gazette.

John W Gibson and Miriam González Durántez discuss the parallels between the early enforcement of the Bribery Act 2010 and the UK Office of Financial Sanctions Implementation's first monetary penalty.

Jonathan S Abernethy, S Gale Dick, and Christian R Everdell authored an article examining the Department of Justice's (DOJ) new policy discouraging DOJ attorneys from "piling on" multiple penalties against companies for the same misconduct.

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.

Mark S Cohen explores the international regulatory landscape with respect to Israeli businesses in an article for the Israel Desks Guide published by Nishlis Legal Marketing.

Christian R Everdell continues his examination of SEC enforcement actions regarding initial coin offerings in an article published by the New York Law Journal, this time analyzing the SEC’s response to RECoin, PlexCoin, and Munchee.

C Evan Stewart examines the judicial development that affected the conflicting dictates between state law and the rules and regulations promulgated by the Securities and Exchange Commission after the Sarbanes-Oxley Act of 2002 went into effect.

Recently, legitimate businesses have begun to recognize the potential value of distributed ledger technology as a stand-alone technological innovation with numerous benefits, including, among other things, preventing money laundering. In this article, Christian R Everdell examines some of the potential applications of Blockchain technology to prevent crime.

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 webinar à la suite de la publication par le CNB du guide « L’avocat Français et les enquêtes internes » au cours duquel Charlotte Gunka (Senior Legal Counsel Litigation & Compliance du Groupe Renault) et Victoire Chatelin (Avocat au Cabinet Bonifassi Avocats), membres du groupe de travail du CNB,  sont intervenues sur le thème de la RGPD et de la loi de blocage.

Partner Muriel Goldberg-Darmon, the leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a webinar at Cohen & Gresser’s Paris office relating to the publication of a Conseil national des barreaux’s (CNB) Guide titled “The French Lawyer and Internal Investigations,” during which Charlotte Gunka (Senior Legal Counsel Litigation & Compliance - Groupe Renault) and Victoire Chatelin (Lawyer at Cabinet Bonifassi Avocats), both members of the CNB working group, spoke about RGPD and the blocking statute.

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 webinar à la suite de la publication par le CNB du guide « L’avocat Français et les enquêtes internes » au cours duquel Sophie Scemla, Avocat Associée chez Gide membre du groupe de travail du CNB, est intervenue sur le thème de la désignation de l’avocat et du secret professionnel.

Partner Muriel Goldberg-Darmon, the leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast at Cohen & Gresser’s Paris office relating to the publication of the Conseil national des barreaux’s (CNB) Guide “The French Lawyer and Internal Investigations,” during which Sophie Scemla, a partner at Gide and a member of the CNB working group, spoke about appointing a lawyer and legal privilege.

• Supply Chain Disruptions and Third Party Risks
• Increase in Government "Touch Points"
• Multilateral Development Banks and UN Investigations
• Strategies to Avoid Risk as M&A Activity Increases
• Multi-National Companies: Implications for Compliance Professionals

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 Sophie Schiller, Professeur de droit à  l'Université Paris-Dauphine et membre de la Commission des sanctions de l'Autorité des Marchés Financiers "AMF" est intervenue sur le thème de la répression des abus de marché (pénal et AMF).

(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 Sophie Schiller, a Member of the Enforcement Committee of the French Financial Market Authority and a Law Professor at Paris-Dauphine University, spoke about the enforcement of market abuse (by the Financial Market Authority as well as the Criminal Judge).)

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 co-leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un petit-déjeuner au cours duquel Madame le Bâtonnier de Paris Marie-Aimée Peyron a fait une présentation sur le Legal Privilege. Des avocates de cabinets français ou internationaux, reconnues pour leur compétence en la matière, ont participé à cet évènement.

(Partner Muriel Goldberg-Darmon, co-leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast in Cohen & Gresser’s Paris office during which Paris Bar President (Bâtonnier) Marie-Aimée Peyron spoke about legal privilege. High profile female lawyers from major Fren