White Collar Defense and Regulation

Attorneys in our Chambers, The Legal 500, and Global Investigations Review-ranked White Collar Defense & Regulation group represent companies and individuals in connection with federal and state regulatory investigations, proceedings before self-regulatory organizations, internal investigations, and  white collar criminal cases. Staffed by highly experienced former federal and state prosecutors and defense counsel, this group handles our clients’ most sensitive and complex regulatory, investigative, and criminal defense matters.

Our attorneys have represented clients in many of the major investigations of recent years. We have defended institutions and senior executives in proceedings involving the Department of Justice, the Securities and Exchange Commission, the New York State Attorney General, the Financial Industry Regulatory Authority, and the Federal Reserve in the U.S.; proceedings brought by the Serious Fraud Office, the Financial Conduct Authority, and Her Majesty’s Revenue and Customs in the UK; and in proceedings before the financial market authority (AMF – Autorité des marchés financiers), the banking authority (ACPR – Autorité de contrôle prudentiel et de résolution), and the financial prosecutor (PNF – Parquet national financier) in France. We have also handled major corporate internal investigations.

Our engagements have involved virtually every major industry, including technology, securities and banking (including broker-dealers, mutual funds, hedge funds, investment banks, and foreign and U.S. commercial banks), accounting, aviation, insurance, pharmaceuticals, construction and real estate, e-commerce, energy, hospitality and travel services, as well as the not for profit sector.

Key Contacts

All Attorneys

Partner Allon Lifshitz has been recently featured in articles by both The Wall Street Journal and Bloomberg, sharing insights on noteworthy white-collar cases. Read more below.

"Bob Menendez’s Unusual Request: Don’t Try Me With My Wife," The Wall Street Journal, February 12, 2024.

"Joe Lewis’ $7.6 Billion Empire Weathers His Biggest Test," Bloomberg, February 7, 2024.

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.

Who’s Who Legal (WWL) has recognized Richard Kovalevsky as a leading practitioner in its Investigations guide, which highlights the foremost lawyers working on a wide range of issues in white-collar crime, corporate compliance, and regulatory enforcement.

WWL identifies leading lawyers across 35 practice areas and in more than 160 countries. Leading practitioners are determined by independent analysis of recommendations and feedback from eminent private practitioners in a particular sector or industry, as well as from corporate counsel or other clients who have worked closely with the nominees.

For the fifth consecutive year, international law firm Cohen & Gresser has been ranked in Global Investigations Review’s GIR 100 as one of the top law firms for cross-border investigations.

The GIR 100, a guide to the world’s best firms for investigations, recognized C&G for its work on behalf of high-profile individuals and companies and its strong network of prominent lawyers in key jurisdictions around the globe. The annual guide is based on submissions from law firms and extensive independent research, and honors the top 100 firms worldwide that handle sophisticated government-led, internal, and cross-border investigations.

C&G’s White Collar Defense and Regulation practice spans its New York, Washington, D.C., Paris, and London offices. The practice’s highly experienced Internal Investigations team works closely with global clients, including corporations, boards of directors, special committees, and audit committees, in connection with investigations of all sizes. The team’s work has ranged from discrete investigations in response to an anonymous employee complaint to wide-ranging investigations conducted against the backdrop of ongoing litigation and/or regulatory and criminal investigations.

The 2024 edition of Best Law Firms has named Cohen & Gresser to its national lists for white-collar criminal defense and securities litigation, and to its New York City metropolitan lists for white-collar criminal defense, product liability defense, and securities litigation.

The firm’s rankings are:

National Tier 2: Criminal Defense: White-Collar

National Tier 3: Litigation - Securities

Metropolitan (New York City) Tier 1: Criminal Defense: White-Collar; Product Liability Litigation - Defendants

Metropolitan (New York City) Tier 2: Litigation - Securities

Since 2010, Best Law Firms has conducted in-depth research analyzing feedback from clients and professional references, information submitted by firms, lawyer evaluations collected in conjunction with Best Lawyers, and interviews with industry leaders to rank and recognize firms for excellence in various practice areas.

Cohen & Gresser is pleased to announce that Mark S. Cohen, Melissa H. Maxman, John Roberti, and Ronald F. Wick are included in the 2024 Lawdragon 500 Leading Litigators in America guide. Selection for the guide is based on extensive independent research focused on which lawyers and law practices have had a significant impact, with an emphasis on recent matters handled.

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 second edition of the guide, assessing America’s top talent among those principally representing corporations and other organizations litigating claims involving antitrust, financial and securities litigation, intellectual property, commercial, M&A, cybersecurity and data privacy, and white collar and investigations.

Who’s Who Legal (WWL) has recognized Muriel Goldberg-Darmon as a Global Leader in Business Crime Defence - Corporates, Business Crime Defence - Individuals, and Investigations for 2023. Additionally, she is recognized as a National Leader in France - Business Crime Defence & Investigations.

WWL identifies leading lawyers across 35 practice areas and in more than 160 countries. Leading practitioners are determined by independent analysis of recommendations and feedback from eminent private practitioners in a particular sector or industry, as well as from corporate counsel or other clients who have worked closely with the nominees.  

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:

Law360 recently featured the comments of John Gibson, head of Cohen & Gresser’s UK White Collar and Investigations practice, in an article about a new bill that could help prosecutors by reforming key aspects of corporate criminal law that for years have hampered the UK’s efforts to combat the fraud epidemic.

One notable measure under debate is a new, bespoke offense that would make companies criminally liable for failing to prevent fraud by their employees. John noted that "[c]reating these bespoke failure-to-prevent offenses increases prosecutors' kitbag of potential charges," but also added that "[t]here aren't many examples of failure to prevent being charged, partly because the core pressure on law enforcement is to prosecute the substantive offending behavior."

Another proposal seeks to lower the standard of the identification doctrine—the requirement to prove that individuals who constitute the "directing mind and will" of the company knew about wrongdoing—by allowing companies to be held liable for a range of economic crimes by senior managers. Regarding the potential impact of this change, John draws a distinction between international companies that may already work within tougher parameters and domestic companies that may not: "Although it's seen in boardrooms as a seismic change in the law of England and Wales, I don't think most international companies will require significant change: they'll already have worked toward their liability in the U.S."

Best Lawyers in America recognized 14 Cohen & Gresser lawyers in its newly-published 2024 guide. The publication—now in its 30th edition—evaluates and selects lawyers based entirely on peer review. The survey process is “designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.”

Six C&G attorneys are recognized by their peers as “Best Lawyers” in their practice areas:

Eight attorneys are recognized as “Best Lawyers: Ones to Watch” in their practice areas:

The 2023 Chambers High Net Worth guide awarded high rankings to Cohen & Gresser’s White Collar Defense and Regulation group, which earned a Band 3 ranking for Financial Crime: High Net Worth Individuals. The firm is one of only 18 ranked in this category throughout the UK.

Two partners were individually ranked for their leading work for HNW clients:

High Praise for Client Service and Sophisticated Work

Chambers highlights C&G’s strength in representing affluent clients in a “diverse range of complex work,” including “high-stakes tax and fraud-related investigations.” The team’s sanctions-related matters “stand out as sophisticated examples of cross-border work” and demonstrate its extensive capabilities in this space. Client feedback consistently praises the firm’s “attentive service,” specifically noting that, “with Cohen & Gresser, the client always comes first.” The members of the team are “all insightful and exceptional,” clients praised.

Richard Kovalevsky KC is lauded for his “commendable breadth of expertise” in work for affluent individuals and families facing allegations of fraud or facing tax investigations. He is “extremely dedicated to clients, hard-working and knows his subject matter inside out,” clients note. 

John Gibson is recognized for expertly navigating “financial crime matters of high complexity.” Chambers spotlights his work for high-profile clients and his “involvement on high-value, cross-border mandates.” Clients praised him for being “extremely thoughtful, careful and assertive" and for bringing “new ideas” to matters.

Since opening in 2018, C&G’s London office has built a roster of distinguished lawyers, including some of the UK’s most respected former prosecutors. Led by four highly regarded lawyers from the Bar, C&G’s London White Collar and Criminal Defense practice offers extensive experience and full-service capabilities tailored to meet the particular issues of high net worth individuals.

About Chambers High Net Worth

Published by Chambers & Partners, the 2023 Chambers High Net Worth guide ranks the leading lawyers and law firms for international private wealth. The guide is used by family offices and professional advisers to wealthy individuals, providing objective guidance on an international scale. According to Chambers, “Those ranked in the guide understand the complex needs of HNW individuals and provide specialist advice.”

The Legal 500 United States 2023 edition has recognized Cohen & Gresser’s New York and Washington, D.C. offices for legal excellence in Antitrust Litigation, Corporate Investigations and White-Collar Crime, Commercial Litigation, and Securities Litigation. Partner Mark Cohen received recognition as a Leading Lawyer in Securities Litigation and Corporate Investigations and White-Collar Crime: Advice to Individuals. The 2023 guide also recognized partners Lawrence T. Gresser, Jonathan Abernethy, Jason Brown, S. Gale Dick, Jeffrey Lang, Melissa Maxman, Douglas Pepe, John Roberti, Daniel Tabak, and Ronald Wick as recommended lawyers. This 16th edition of The Legal 500 United States guide involved a detailed assessment of various factors, including work conducted by law firms over the past 12 months and historically; experience and depth of teams; and client feedback. The guide highlights C&G’s “widespread global footprint” as being “crucial on multifaceted disputes work.” It praises the firm’s “ability to handle high-end and top-of-the-line cases” and “strength in bet-the-company litigation, contract disputes, fraud, and the financial services sector.” Founded in 2002, Cohen & Gresser’s New York office serves as the firm’s headquarters. Our New York attorneys are particularly strong in securities litigation and arbitration, international arbitration, regulatory investigations, patent litigation, and M&A transactions. The firm’s Washington, D .C. office handles a range of commercial litigation and regulatory enforcement actions, with a focus on domestic and foreign antitrust issues.
London-based partners John W Gibson and Richard Kovalevsky KC have been recognized in the 2024 edition of Best Lawyers in the United Kingdom for the second consecutive year. Both John and Richard were recognized for their work in the fraud category.

John’s work focuses on complex economic crime, investigations, and regulatory matters, drawing on his experience as a senior prosecutor and investigation manager in the UK’s Serious Fraud Office. Richard has over 30 years of experience representing high net worth individuals, directors, and corporations in a wide variety of white-collar criminal disputes, regulatory and internal investigations, and associated civil litigation, with a particular focus on financial crime.

The Best Lawyers guide relies entirely on peer review to determine and recognizes the “highest of talent in the legal industry.”

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.
In the just-published edition of Chambers USA, Cohen & Gresser earned multiple practice area and individual lawyer rankings, receiving praise for being “versatile and nimble” and “able to very quickly understand a complex problem and suggest a path forward.”

Cohen & Gresser’s White Collar Defense & Regulation practice is ranked in Chambers USA for the tenth consecutive year, maintaining its position as one of the “Elite” firms in Litigation: White-Collar Crime & Government Investigations. Chambers commentary highlights the group’s “wealth of governmental experience” and “expert financial services practice.”

Cohen & Gresser’s Commercial Litigation practice is again ranked in Litigation: General Commercial: Highly Regarded. The practice is recognized for its “strong, talented pool of litigators” and “experience handling a vast range of commercial cases.” Client commentary focused on the firm’s “incredibly high-quality, sophisticated work.”

Additionally, members of Cohen & Gresser’s Antitrust practice were named as Antitrust: Litigation Specialists. Partners throughout Cohen & Gresser’s US practices were recognized individually, including the following:

Antitrust: Litigation Specialists (DC)

Melissa H Maxman

John Roberti

Litigation: General Commercial (NY)

Lawrence T Gresser

Litigation: Securities (NY)

Mark S Cohen

Litigation: White-Collar Crime & Government Investigations (NY)

Jonathan S Abernethy

Mark S Cohen

Christian R Everdell

Cohen & Gresser is pleased to share that The Legal 500 Europe, Middle East & Africa (EMEA) has recognized the firm’s Paris office for legal excellence in Stock Market Litigation, Employment and Tax in its 2023 edition. Paris partner Muriel Goldberg-Darmon is one of only 17 attorneys in France designated as a Leading Individual for Stock Market Litigation (including AMF investigations and sanction proceedings), and Paris partner Franck Le Mentec is one of only 4 attorneys in France designated as a Leading Individual in Transfer Pricing & International Tax.

The 2023 edition also recognized Paris partner Loïc Henriot and counsel Guillaume Guérin as recommended lawyers for Stock Market Litigation, and partner Angéline Duffour and counsel Anna Milleret-Godet as recommended lawyers for Employment.

Established in 2014, Cohen & Gresser’s Paris office provides comprehensive legal services on corporate, employment, tax, financial services, white-collar defense, and litigation-related matters. Our 14 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.

The Legal 500 EMEA guide provides annual researched coverage of over 80 countries and over 2,700 law firms. The research involves a detailed assessment of various factors including work conducted by law firms over the past 12 months and historically; experience and depth of teams; and client feedback. These latest Legal 500 recognitions for nearly half our Paris office are a testament to the firm’s extensive capabilities in the international arena.

The Guardian featured C&G’s Sir David Green CB KC, former head of the UK Serious Fraud Office (SFO), in an exclusive interview discussing the Government’s response to COVID fraud and the recent controversies surrounding the SFO. The article describes Sir David’s work in high profile fraud and white-collar cases and showcases his experience at the SFO, Britain’s financial crime office responsible for investigating corruption and fraud.

Sir David, SFO director from 2012 to 2018, says warning signs of Covid fraud were ignored and not taken seriously by the government in the rush to disburse emergency loans to businesses during the pandemic. He argues that individuals should be working across the government to identify and prevent fraud, rather than confined to certain departments. Sir David is a partner in Cohen & Gresser’s White Collar Defense and Regulation Practice and is based in the firm’s London office.

According to recent data, The Guardian is the most read quality news publisher in the UK, with a record 35.6 million people accessing the publication on average per month.

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).

Muriel Goldberg-Darmon spoke with Global Investigations Review (GIR) to shed light on the new guidance published by France’s National Financial Prosecutor’s Office.
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 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.

Sir David Green CB KC spoke to The Times about several topics in the White Collar Defense and Regulation space, including an uptick in fraud cases in the UK and the high cost of criminal legal aid rates. (Subscription Required)

Tim Harris appeared on the Legally Speaking Podcast, where he spoke with Robert Hanna about white-collar crime and his experience as a White Collar Defense & Regulation lawyer at Cohen & Gresser. Tim shared insight into his career as a White Collar and Criminal Defense lawyer and highlighted what makes his current work at Cohen & Gresser unique.

Tim also spoke about some key issues affecting white-collar crime and investigations in the legal market and why pro bono work is so important as a legal professional.

International law firm Cohen & Gresser is pleased to announce that ten of its New York-based lawyers have been recognized by their peers in the 2023 edition of the Best Lawyers in America. Selection in the 29th edition of the guide “is based entirely on peer review.” The survey process is “designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.”

Six C&G attorneys have been recognized by their peers as a “Best Lawyer” in their practice areas:

Four C&G attorneys have been recognized as “Best Lawyers: Ones to Watch” in their practice areas:
Three Mayfair-based lawyers from Cohen & Gresser—Jeffrey M Bronheim, John W Gibson, and Richard Kovalevsky KC—have once again been recognized among the top corporate and criminal lawyers for high-net-worth (HNW) individuals by Spear’s Wealth Management in their 2022 Legal Index. The Spear’s Legal Index identifies the top legal counsel for private clients in the UK.

Jeff Bronheim is featured as a “Top Recommended” corporate lawyer, with Spear’s highlighting that Bronheim is “highly recommended” in wealth management and is an “eminent and personable partner.” The guide notes that “any Mayfair financier who is thinking of branching out into new business ventures” should “give [Bronheim] a call.” Bronheim serves as the Managing Partner of Cohen & Gresser’s London office and has over 30 years of experience assisting funds, companies, HNW individuals, and family offices with complex legal and business issues.

John Gibson, head of Cohen & Gresser’s UK White Collar and Investigations Practice, is featured as a “Top Recommended” criminal lawyer in the 2022 index. He is commended by Spear’s for his “particular expertise with UK/US cooperation in economic crime investigation” and experience working with the U.S. Department of Justice and Federal Bureau of Investigation. With almost three decades of litigation and advisory experience, including five years as a senior prosecutor in the bribery and corruption unit of the UK’s Serious Fraud Office (SFO), Gibson’s practice at Cohen & Gresser focuses on complex economic crime, investigations, and regulatory matters in the UK, Europe and emerging markets.

Richard Kovalevsky KC has maintained his long-standing status as a “Top Recommended” criminal lawyer in the Spear’s index. Kovalevsky is the head of the Criminal Defense Practice for Cohen Gresser’s London office, specializing in advising and representing HNW individuals in connection with international and domestic legal matters. Spear’s states, “What’s noteworthy is the wide range of cases that come across Kovalevsky’s desk – from cases involving business, finance, stock market dealings, listings and announcements, to corruption, tax, fraud and money laundering.” The index similarly praises Kovalevsky for his wide-ranging client base, which includes global business leaders and high-profile politicians to HNW individuals and members of prominent families.

From Cohen & Gresser’s London office, Bronheim, Gibson, and Kovalevsky and their UK colleagues work closely with attorneys in Cohen & Gresser’s U.S. and Paris offices on complex multi-jurisdictional matters and offer a multi-disciplinary practice tailored to the needs of ultra-high and high-net-worth individuals and family offices. Leveraging decades of experience, including at premier investment houses, the Bar, and the top tier of elite global law firms, Cohen & Gresser delivers consistent, high-quality service across the types of matters our clients are likely to face, including fund investing and structure, strategic transactions, art law and restitution, privacy and data security, employment matters, tax issues, regulatory considerations, commercial disputes, reputation management, and, when necessary, defense against litigation, investigation, and prosecution.

International law firm Cohen & Gresser has been recognized in the 2022 Chambers High Net Worth guide for Financial Crime: High Net Worth Individuals in the UK. Chambers notes that the firm is “establishing itself in London” as one of the UK's top law firms in white collar and criminal defense.

The guide states that C&G is "dedicated to their client’s interests” and is always “responsive and switched on.” Client commentary highlights the firm’s ability to handle complex and sophisticated matters and describes the firm’s lawyers as “incredibly bright” and “prompt and professional.” Additional commentary notes that the firm “punch[es] above its weight in terms of quality of people it has attracted and the work it is instructed on.”

Richard Kovalevsky KC has once again been recognized in the Chambers High Net Worth guide as a Band-1 lawyer for Financial Crime: High Net Worth Individuals in the UK. Chambers commentary notes that Kovalevsky is “the guru for financial crime issues.” Another source calls Richard “the most impressive legal mind I have ever encountered.”

John Gibson has also debuted as an individually ranked lawyer in the Chambers High Net Worth guide for Financial Crime: High Net Worth Individuals in the UK. The guide highlights John’s talent for “distilling large volumes of material and complex issues into practical, usable advice that helps to progress a matter.” Additional commentary notes that he is an “astute criminal lawyer” who is “tenacious, well informed,” and “incisive and action led.”

Since opening in 2018, C&G’s London office has built a roster of superb lawyers, including some of the UK’s most respected former prosecutors. Led by four highly regarded lawyers from the Bar, Cohen & Gresser’s London White Collar and Criminal Defense practice offers unique full-service capabilities with respect to the four major facets of international financial crime practice: regulatory investigations and compliance, criminal defense, settlement options, and anti-money laundering and Proceeds of Crime and Asset Tracing (POCA).

About Chambers High Net Worth:

Published by Chambers & Partners, the 2022 Chambers High Net Worth guide ranks the leading lawyers and law firms for international private wealth. The guide is used by family offices and professional advisers to wealthy individuals, providing objective guidance on an international scale. According to Chambers, “Those ranked in the guide understand the complex needs of HNW individuals and provide specialist advice and legal services.”

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 is pleased to announce that London-based partners John W Gibson and Richard Kovalevsky QC have been recognized in the 2023 edition of the Best Lawyers in the United Kingdom. The publication was recently featured in the Financial Times. John and Richard were both recognized as “Best Lawyers” for their work in matters relating to Fraud. Recognition in the guide is based entirely on peer review, “highlighting the most influential and effective players in the legal arena.”

International law firm Cohen & Gresser received high praise in the Chambers USA 2022 guide for its “best-in-class service” and “first class work.” Chambers highlights the firm’s responsiveness, reliability, and trial capabilities as key drivers of its success. Clients note that the firm is “highly responsive,” “incredibly easy to work with,” and “always delivers outstanding results.”

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
Ranked Lawyers:

District of Columbia

Antitrust: Litigation Specialists

New York

Litigation: General Commercial

Litigation: Securities Litigation: White-Collar Crime & Government Investigations  
Who’s Who Legal (WWL) has recognized Richard Kovalevsky QC as a Leading Practitioner in the WWL Investigations 2022 guide. The guide highlights leading lawyers across more than 40 jurisdictions for their first-class work in investigations, spanning white-collar crime, corporate compliance and regulatory enforcement.

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.

 

Muriel Goldberg-Darmon spoke with Global Investigations Review (GIR)  to shed light on some of the new modalities of the French blocking statute.

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 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.”

International law firm 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, an independent guide to the world’s best firms for investigations, recognized C&G for its major victories on behalf of high-profile individuals and companies and its strong network of prominent lawyers in key jurisdictions around the globe.

GIR recognized the U.S. team’s deep bench of “former attorneys from New York’s famed prosecution offices,” and its “impressive work for corporates” in recent years. The guide also highlights the firm’s international reach, calling attention to C&G’s “strong practice in France” and the rapid development of its London office, which it describes as having “grown from strength to strength” with the recent addition of Richard Kovalevsky QC.

GIR also shortlisted C&G for the Most Important Court Case of the Year award for the significant victory on behalf of KBR Inc. at the UK Supreme Court. It is the second time in four years that C&G has been named a finalist for this award. The firm was previously recognized in 2018 for securing the dismissal with prejudice of a high-profile FCPA case brought by the U.S. Securities and Exchange Commission.

The GIR 100 is based on submissions from law firms and extensive research, and honors the top 100 firms around the world that handle sophisticated government-led, internal, and cross-border investigations.

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.

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

International law firm Cohen & Gresser has been recognized by The Legal 500 UK for its “wide international reach” and “seamless collaboration” on cross-border investigations and disputes. Client commentary highlights C&G’s London office as “the go-to team for risk advisory” work and notes that clients should “instruct them before the other side does.”

C&G is recognized as a leading firm in the Regulatory Investigations and Corporate Crime (Advice to Corporates) category. The guide emphasizes the firm’s work with respect to the UK Serious Fraud Office (SFO) and notes that the team is “distinguished by its ability to draw on the expertise of experts in Washington, DC, New York, and Paris” for its multi-jurisdictional work. Clients highlight the team’s “astonishing depth of knowledge,” “strong connections to authorities,” and “razor-sharp analytical skills.”

The Legal 500 also recognized C&G in the Fraud: White-Collar Crime (Advice to Individuals) category. The guide notes that the firm is known for “housing a very strong team of white-collar crime specialists” who are “well-versed in representing senior executives and high-net-worth individuals” in all types of cases and investigations. Clients highlight the practice’s “terrific experience in the most high-profile and difficult cases” and praise the diverse experience each team member brings to the firm’s cases, including as city lawyers, ex-SFO prosecutors, solicitors from crime boutiques, and barristers.

C&G is also recognized as a leading firm in the Commercial Litigation: Mid-Market category. The guide recognizes the firm’s experience in complex, cross-border commercial litigation and highlights the team’s strength in financial services representations, particularly with respect to investment funds litigation and banking and financial services disputes. Clients applaud the practice as “well organized and accessible” and underscore the team’s ability to “give you a full picture” and “summarise the essential of what needs to be known.

In addition, Richard Kovalevsky QC has been recognized as a “Leading Individual” for Regulatory Investigations and Corporate Crime (Advice to Corporates). Richard, who joined C&G in November 2020, is described by clients as “clever and experienced” and a “major addition for the firm.”

Ranked Practice Areas:

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

  • 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)
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.”

Global Investigations Review (GIR) has again nominated Cohen & Gresser for its Most Important Court Case of the Year award for the major victory at the UK Supreme Court achieved by C&G’s Richard Kovalevsky QC on behalf of KBR Inc. On February 5, 2021, the UK Supreme Court handed down a landmark judgment that delivered a decisive victory to KBR Inc. and agreed to the arguments presented by Richard and the rest of the KBR legal team. In its decision, the Supreme Court held that the SFO could not compel a foreign company to produce documents held abroad under Section 2(3) of the Criminal Justice Act of 1987.

Cohen & Gresser is pleased to announce that Spear’s Wealth Management has named Jeffrey M BronheimJohn W Gibson, and Richard Kovalevsky QC to its 2021 Legal Directory & Hommes d’Affaires index. The Spear’s legal index identifies the top legal counsel for private clients in the UK.

Jeff Bronheim is featured as a “Top Recommended” corporate lawyer in the 2021 index. Spear’s notes that Jeff is an “eminent and personable partner” and “comes highly recommended by a senior adviser in wealth management.” Jeff serves as the Managing Partner of Cohen & Gresser’s London office and has over 30 years of experience assisting funds, companies, high-net-worth individuals, and family offices with complex legal and business issues, including investments, regulatory considerations, disputes, and structural planning.

John Gibson is featured as a “Top Recommended” criminal lawyer in the 2021 index and is commended for his “expertise with UK/US cooperation in economic crime investigation.” John leads Cohen & Gresser’s UK White Collar and Investigations practice and is a former senior prosecutor at the UK’s Serious Fraud Office. He offers rare insight into the focus of UK law enforcement and financial regulation, when and how to engage with regulators and prosecutors, and how to develop and deploy the best litigation strategy for a wide range of criminal and compliance situations.

Richard Kovalevsky QC, featured consistently by Spear’s as a “Top Recommended” criminal lawyer, is once again included in the 2021 criminal lawyers and hommes d’affaires indices. Spear’s highlights “the wide range of cases that come across Kovalevsky’s desk” and notes that “his client base is similarly varied.” Richard is the head of Criminal Defense for the London office. He specializes in advising and representing high-net-worth individuals in connection with international and domestic issues and is known for his discreet tactical approach and expertise.

From Cohen & Gresser’s office in Mayfair, Jeff, John, Richard, and their UK colleagues work closely with attorneys in Cohen & Gresser’s U.S. and French offices on complex multi-jurisdictional matters and offer a multi-disciplinary practice tailored to the needs of ultra-high and high-net-worth individuals and family offices. Leveraging decades of experience, including at premier investment houses, the Bar, and the top-tier of elite global law firms, Cohen & Gresser delivers consistent, high-quality service across the types of matters our clients are likely to face, including fund investing and structure, strategic transactions, art law and restitution, privacy and data security, employment matters, tax issues, regulatory considerations, commercial disputes, reputation management, and, when necessary, defense against litigation, investigation, and prosecution.

International law firm Cohen & Gresser is pleased to announce that eight of its lawyers have been recognized in the 2022 edition of the Best Lawyers in America. Selection in the 28th edition of the guide is based entirely on peer-review surveys in which tens of thousands of leading lawyers evaluate their professional peers.

Five C&G attorneys have been recognized by their peers as a “Best Lawyer” in their practice areas:

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

Three C&G attorneys have been recognized as “Best Lawyers: Ones to Watch” in their practice areas:

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

Richard Kovalevsky QC has been recognized by Chambers in its 2021 High Net Worth guide as a Band 1 lawyer for Financial Crime: High Net Worth Individuals in the UK. Chambers notes that Richard is “highly sought after by high net worth individuals under investigation by the FCA, the SFO and the DOJ.”

Richard received outstanding praise from clients and colleagues, with one interviewee describing him as “a very bright lawyer” with a “lovely presentational style” and “savviness.” Another interviewee notes that “he is very down to earth, very straightforward, and clients like that. He comes up with creative solutions to complex problems. He is very dedicated to his clients and he is very good to work with."

 Published by Chambers & Partners, the High Net Worth Guide ranks the leading lawyers and law firms for international private wealth. The guide is used by family offices and professional advisers to wealthy individuals, providing objective guidance on an international scale.

International law firm Cohen & Gresser has been once again recognized in The Legal 500 United States. The 2021 guide highlights C&G for its financial services strength – emphasizing the firm’s “understanding of complex financial products and the operations of the financial services sector” – and its “extensive experience in jury and bench trials at the federal and state level.”

Client commentary highlights C&G as “a cut above” and “very effective at knowing their audience, staying on message, and telling a persuasive and winning story.”

The Legal 500 has recognized C&G in both the Advice to Individuals category and Advice to Corporates category of the Corporate Investigations and White-Collar Criminal Defense section. The guide notes the practice’s deep bench that “includes former federal and state prosecutors, and former in-house attorneys, many of whom are active litigators, and have unique experience of federal enforcement bodies.”

C&G has also been recognized in the General Commercial Disputes category. The practice stands out for its capacity to handle “a diverse range of commercial disputes across numerous industries, including finance, software, technology and healthcare” and its ability to “handle complex, sophisticated matters in a cost-effective manner.”

For the ninth consecutive year, C&G has been recognized by The Legal 500 in the Securities Litigation: Defense category for its “work on the defense of broker-dealers, investment advisors, hedge funds, and private equity funds in securities litigation and FINRA arbitrations.”

In addition, Mark S Cohen is once again ranked as a “Leading Lawyer” for Securities Litigation: Defense. One client describes Mark as “one of the best trial lawyers I have seen” and goes on to recognize him for his professionalism, responsiveness, excellent judgment, and high-quality work.

Recognized Practices:

  • 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:

Corporate Investigations and White-Collar Criminal Defense General Commercial Disputes Securities Litigation: Defense

Paris Partners Johannes Jonas, Muriel Goldberg-Darmon, Loïc Henriot, and Guillaume Seligmann were recognized in the 2022 edition of The Best Lawyers in France. Johannes was recognized for Corporate Law; Muriel for Financial Institutions and Regulatory Practice; Loïc for Criminal Defense; and Guillaume for Information Technology Law and Privacy and Data Security Law.  Additionally, Héloïse Masson was recognized in The Best Lawyers in France: Ones to Watch. Héloïse was recognized for Privacy and Data Security Law.

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.

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.)

Tim Harris joins host Nicolas Corry on the Skadi Podcast to discuss internal investigations, looking at why an external party might be brought in to conduct an investigation and the role of individuals in these investigations. In addition, the podcast looks at the implications of the Senior Managers Regime and discusses the recent high-profile criminal cases of Serco and NatWest.

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

Tim Harris spoke with Pensions & Investments about the recent expansion of the Senior Managers and Certification Regime to cover all FCA-regulated firms. The regulation, which extends requirements that have applied to bankers for years, will require firms to certify that staff – such as portfolio managers, analysts and other employees – are "fit and proper" to invest client money. Money managers operating in the U.K. will have to set their own criteria against which to assess staff.

It also means that firms may end up straying into employees' social and personal lives in ways they have not done before, said Tim Harris (subscription required).

John Gibson spoke with Financial News to discuss the Financial Conduct Authority’s recent warning that the agency is keeping a close eye on the use of unauthorised messaging apps in finance.

“The really critical thing for firms to do is to not ignore warning signs… [or] turn a blind eye to situations in which they [firms] know that private devices are being used for business purposes,” said John, adding that doing so represented “unquestionably [a] failing in your regulatory obligations.”

“The way in which people are working remotely and using chat applications, is storing up risk for both institutions, and for their potential supervision and enforcement of the rules,” added John. (Subscription required.)

Tim Harris spoke with Law360 to discuss the Financial Conduct Authority’s first prosecution of a UK bank for failing to comply with anti-money laundering rules. Tim observed that the prosecution "crystallizes the criminal risk for firms.” He added that "Up until now the criminal aspects of the money laundering regime, at least for firms, have been somewhat theoretical. For a U.K. retail bank to be prosecuted is a watershed moment and shows the FCA coming good on its goal to give teeth to the regime." He also provided his thoughts on the court’s approach to sentencing in the event the bank pleads or is found guilty and also the potential application of the Senior Managers Regime. (Subscription Required)

Richard Kovalevsky QC spoke with Law360 about the UK Serious Fraud Office's probe into one of the world's biggest bribery scandals. "In a normal period of time you would say it was a success for SFO, but there have been difficulties along the way," said Richard Kovalevsky QC of Cohen & Gresser LLP, adding that "the overall success of the case is probably freestanding" from criticism leveled at the SFO. Richard added that he “wouldn't rush to judgment on Osfosky's interaction with the go-between until everything is clear." (Subscription Required)

On 5 February 2021, the Supreme Court of the United Kingdom handed down a landmark judgment, delivering a decisive victory to KBR Inc. and agreeing to the arguments presented by Cohen & Gresser’s Richard Kovalevsky QC and the rest of the KBR legal team. The Supreme Court held that the Serious Fraud Office (SFO) could not compel a foreign company to produce documents held abroad under Section 2(3) of the Criminal Justice Act of 1987. The decision was covered by the following publications:
On 5 February 2021, the Supreme Court of the United Kingdom handed down a landmark judgment, delivering a decisive victory to KBR Inc. and agreeing to the arguments presented by Cohen & Gresser’s Richard Kovalevsky QC and the rest of the KBR legal team. The Supreme Court held that the SFO could not compel a foreign company to produce documents held abroad under Section 2(3) of the Criminal Justice Act of 1987.

Tim Harris speaks with Law360 about the Financial Conduct Authority’s recent warning that financial services companies should maintain records of employee communication on messaging platforms, including WhatsApp, while employees work remotely.

Tim refers to a recent FCA case brought against an investment banker accused of destroying WhatsApp messages: "The case highlights the evidential importance that the FCA attaches to information contained on WhatsApp and other instant messaging applications. The FCA expects that if these applications contain information that they would be interested in that they must be preserved.” (Subscription required.)

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.

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.

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.

John W Gibson speaks to Law360 about the recent memorandum of understanding announced by the Serious Fraud Office (SFO) and the Competition and Markets Authority that shifts responsibility for the enforcement of the most serious and complex cartel offenses to the SFO.
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.

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.

John Gibson is quoted in the Financial Times regarding the SFO’s new charges against two former Airbus executives and ex-British defense official relating to a £2bn UK government contract.
Paris Partners Johannes Jonas, Muriel Goldberg-Darmon, Guillaume Seligmann, and Loïc Henriot were recognized in the 2021 edition of The Best Lawyers in France. Johannes was recognized for Corporate Law; Muriel for Financial Institutions and Regulatory Practice; Guillaume for Information Technology Law and Privacy and Data Security Law; and Loïc for Criminal Defense. Lawyers named to The Best Lawyers in France were recognized by their peers in the legal industry for their professional excellence in their respective practice areas.

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.”
John W Gibson and Tim Harris spoke to Law360 about the implications of the Court of Appeal’s recent judgment that definitively changed the English law test for dishonesty. John and Tim highlight how the judgment could benefit prosecutors, disadvantage financial services professionals charged with dishonesty offenses, and how juries’ decisions could be affected.

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.
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.
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.”
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.
John Gibson spoke with the Financial Times regarding the increasing number of suspicious activity reports (SARs) in the UK. He noted: “Consent SARs can be extremely complicated . . . and require days of rigorous analysis.”

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.
The Legal 500 has once again recognized Cohen & Gresser in its United States guide. The firm is recognized for its achievements in the following categories:
  • Corporate Investigations/White Collar – Advice to Corporates
  • Corporate Investigations/White Collar – Advice to Individuals
  • General Commercial Disputes
  • Securities Litigation Defense
The Legal 500 notes that C&G has “an excellent group of sophisticated lawyers” and "has the ability to explain complex structures in plain English.” Nine C&G partners were individually recognized in the guide.
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."
U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal defense and commercial litigation. The Best Law Firms rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.
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.
U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal 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 & 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.
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.
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.
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.

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U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal 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 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.
Mark S Cohen was recognized in Best Lawyers in America’s 2016 New York listings for white collar criminal defense. This is the third 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 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.
Each year, Law360 selects a small group of practitioners from across the country in each of its practice area and industry groups to aid in shaping the publication’s editorial content for the following year. This year, five C&G attorneys were named as Law360 Editorial Advisory Board Members:
- Mark S Cohen, Partner:  White Collar Advisory Board - Robert J Gavigan, Partner: Mergers & Acquisitions Advisory Board - Bonnie J Roe, Partner:  Private Equity Advisory Board - Daniel H Tabak, Partner: Legal Ethics Advisory Board - Christopher M P Jackson, Counsel: Life Sciences Advisory Board

U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal defense. These 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 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
Mark S Cohen was recognized in Best Lawyers in America’s 2015 New York listings for white collar criminal defense. This is the second 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.
Partners Mark S Cohen and Robert J Gavigan have been selected as members of Law360’s 2014 editorial advisory boards. Each year, Law360 selects a small group of practitioners from across the country in each of its practice area and industry groups to aid in shaping the publication’s editorial content for the following year.  Mr. Cohen was named to both the Banking and the White Collar editorial advisory boards, and Mr. Gavigan was selected for the Mergers & Acquisitions editorial advisory board.
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.
The UK Government has published a draft amendment to the Economic Crime and Transparency Bill, which will create a new corporate failure to prevent fraud offence. While talk of the new offence as a “game changer” may be optimistic, the offence has significant implications not only for the investigation and prosecution of complex fraud in the UK but also for the enforcement risk created for “large” UK and non-UK companies which have UK customers.

In this article, Sir David Green CB KC, John Gibson, and Tim Harris discuss the terms of the offence, analyse its practical consequences and draw conclusions as to how law enforcement investigative strategy may change in response.

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 this article for Finascope, Muriel Goldberg-Darmon, Guillaume Guérin and Pierre Wolman discuss the reinforcement by the French Financial markets authority of its policy with respect to dilutive financing transactions. In particular, they describe the new disclosure requirements for listed companies, namely the obligation to publish a press release and a warning in the event of a dilutive financing transaction concluded with an intermediary.

In this article for Forbes, Muriel Goldberg-Darmon discusses the new US Rule 10 D-1 by which US executives of listed companies are required to reimburse their incentive-based compensation when there is an accounting restatement, even in the absence of fault. Muriel Goldberg-Darmon compares this new regulation with the French applicable rules and reminds that although the implementation of such clawback clauses is not mandatory under French law, such implementation should develop in the coming years.

On September 15, 2022, the U.S. Department of Justice announced broad changes to its policies on corporate criminal enforcement that merit serious consideration by in-house and outside counsel who conduct corporate internal investigations.
  • The Revised Policies will place increased pressure on companies and could result in substantial shifts in how companies need to investigate potential employee misconduct.
  • Failure to disclose misconduct early in an investigation could result in companies facing the possibility of a guilty plea or indictment, rather than a deferred or non-prosecution agreement.
  • To receive full cooperation credit, companies will need to assess several new strategic considerations, including the timing of disclosing hot documents and whether to claw back compensation from employees who engaged in misconduct.
In this client alert, Jonathan S Abernethy, Christian R Everdell, and Luke Appling provide a summary of the DOJ’s recent changes to its policies on corporate criminal enforcement, as well as recent statements by Deputy Attorney General Lisa Monaco and Principal Associate Deputy Attorney General Marshall Miller and offer potential implications for corporate internal investigations moving forward.

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 this article for Finascope, Muriel Goldberg-Darmon, Guillaume Guérin, and Pierre Wolman discuss how the new Control Guidelines published by the French Anticorruption Authority (AFA) clarify the sequence of the control procedure and integrate the current practices of the AFA in terms of control.

A four-count indictment was recently brought by the DOJ and SEC against three individuals, including a former employee of Coinbase, for alleged insider trading of crypto assets. While the DOJ brought the criminal case under the wire fraud and conspiracy statutes, the SEC asserted its claims under the securities laws – marking the first time the SEC has alleged insider trading in violation of securities laws in the crypto context.

  • The SEC action directly raises the question whether the tokens at issue qualify as unregistered securities, with significant implications for whether the platforms that facilitate trading in those tokens are potentially exposed to legal liability as unregistered securities exchanges.
  • While Coinbase is not named in the SEC's complaint as an unregistered securities exchange, the nine tokens mentioned in the complaint were all traded on Coinbase, leaving it unclear what, if any, consequences will result from the SEC’s enforcement action for Coinbase.
  • These are also the first cases to allege “tippee” liability for insider trading in the crypto sphere -- a "tippee" being a person who receives and trades on information obtained by someone else (the "tipper") in violation of the tipper's duty to a third party.
In this client alert, Douglas Pepe, Christian Everdell, and Jesse Greenwald discuss the myriad of issues this case presents for the crypto sphere and analyze the potential implications on crypto exchange if the SEC’s action is successful.

On 8 June 2022, the UK’s Office of Financial Sanctions Implementation (“OFSI”) released updated guidance concerning its enforcement of the civil monetary penalties regime for breaches of financial sanctions. The update coincides with the introduction of two major amendments to the civil UK sanctions regime that came into force on 15 June 2022, which now mean that OFSI is:
  • no longer required to demonstrate that a person had knowledge or reasonable cause to suspect they were in breach of a financial sanction in assessing whether to issue a monetary penalty. This strict liability test brings the UK regime more in line with the U.S. model used for financial sanctions; and
  • able to publish details of financial sanctions breaches where a monetary penalty has not been imposed.
It seems inevitable that the increased sanctions risks (and regulatory scrutiny) created by the UK’s response to the Russian invasion of Ukraine, combined with these legislative amendments, will lead to more sanctions enforcement activity, civil penalties, criminal referrals to the NCA, and possibly prosecutions. This has been reflected in recent comments made by OFSI.

In this C&G client alert, Sir David Green CB QC, Tim Harris, and Ashley Collins examine the amended UK sanctions regime and the prospects for increased UK sanctions enforcement activity (civil, regulatory, and criminal).

In this bylined article for Finascope, Muriel Goldberg-Darmon, Guillaume Guérin, and Pierre Wolman discuss the main contributions of the guide published on 16 March 2022 by the Strategic Information and Economic Security Service (SISSE), the French Business Federation (MEDEF), and the French Association of Private Companies (AFEP). This guide offers companies a methodology for classifying their “sensitive” data following the reform of the French blocking statute.

In this bylined article for Forbes, Muriel Goldberg-Darmon discusses the new modalities of the French blocking statute. In particular, she mentions the new role of the Strategic Information and Economic Security Service (SISSE) and the reinforcement of the opposability of the French blocking statute abroad.

On 15 March 2022, the Economic Crime (Transparency and Enforcement) Act received royal assent. The rapid passage of the Act through the UK Parliament, after years of delays, came in response to Russia’s invasion of Ukraine in February 2022.

  • 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.
In this C&G client alert, Tim Harris and Alice Mills examine the effect the relevant provisions of the Act will have on the fiduciary services sector and trustees of overseas entities which own property in the UK.

On February 15, significant changes to the regime for the disqualification of company directors entered into force.

The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 provides, for the first time, the Secretary of State for Business, Energy, and Industrial Strategy with powers to investigate and pursue disqualification proceedings against directors of dissolved companies.

The reforms to the director disqualification regime, and the increase in the circumstances in which a company director may be subject to disqualification proceedings, will be of note to company directors and to providers of directors' and officers' liability insurance.

In this C&G client alert, Thomas Shortland discusses the scope of the reforms and identifies factors that may affect how frequently the new powers will be exercised.

(This article was originally published in Law360.)

In this article for Finascope, Muriel Goldberg-Darmon, Guillaume Guérin and Pierre Wolman discuss France’s new whistleblower protection framework, which follows the adoption of the European whistleblowing Directive of 2019. In particular, they analyze the changes made to the “Sapin 2” law adopted in France in 2016.

In this bylined article for Forbes, Muriel Goldberg-Darmon discusses the French Financial Market Authority (AMF) priorities in sustainable finance for the year 2022. Muriel mentions the reinforcement of the AMF supervision regarding the information relating to sustainable finance provided by listed companies and asset management companies.

Corruption allegations at multinational companies can often lead to several jurisdictions launching investigations that can drag on for years and cause significant damage to a company’s reputation and ability to conduct business. With different factors in each jurisdiction for what grants the authority to charge companies and individuals with criminal offenses, multinational companies need to work with advisers and create a strategy for timely global settlements at the outset of any global corruption allegations.

In this article for Financier Worldwide, John W Gibson identifies several strategic considerations for boards to consider when facing corruption allegations, including finding lawyers that can work in close partnership with forensic accountants, industry experts, data scientists, and corporate intelligence experts to piece together what has happened, an early review of the company’s compliance program and implementation of anti-bribery and corruption best practices, strategic evaluation of the jurisdictions in which to report, and why it’s essential at the beginning of an investigation to commence meaningful, straightforward dialogue with the key lawyers and investigators in each investigating jurisdiction.

This article first appeared in the February 2022 issue of Financier Worldwide Magazine.

John Gibson, Tim Harris, Thomas Shortland, and Tom Orange authored the England & Wales chapter of the International Comparative Legal Guide - Corporate Investigations 2022. In this Q&A-styled publication, the authors answer frequently asked questions about conducting corporate investigations in the UK, including key considerations for deciding whether to conduct an internal investigation, self-reporting and cooperation with enforcement authorities, the investigation process (such as the conduct of witness interviews and data collection), the limits of legal privilege and many other pressing topics.

The cryptocurrency industry should brace itself for increased scrutiny from the DOJ and other enforcement agencies. The DOJ recently announced the creation of a National Cryptocurrency Enforcement Team (“NCET”), which will have the authority to tackle investigations and prosecutions of criminal misuses of cryptocurrency. NCET will not only pursue its own cases but will work closely with other federal agencies, subject matter experts, and law enforcement partners throughout the government to support existing and future cases across the country.

  • 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 R Everdell and Barbara K Luse explore the specifics of the NCET mandate, including its anticipated collaboration with the SEC and other federal agencies, and examine what’s on the horizon for cryptocurrency exchanges and other cryptocurrency-focused businesses. The authors identify some key takeaways for companies dealing with cryptocurrency, including cryptocurrency exchanges, crypto funds and financial institutions, and more.

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 Financial Conduct Authority (the “FCA”) issued a prohibition order against Mr Frensham based on his conviction for an offence which did not involve financial fraud or dishonesty and was unrelated to regulated activity. Following a referral, the Upper Tribunal considered such a prohibition for the first time in Frensham v The Financial Conduct Authority [2021] UKUT 0222 (TCC). Although the Tribunal concluded that the conviction alone was insufficient to make a prohibition order, the FCA’s decision was nonetheless upheld due to Mr Frensham’s failure to be open and transparent with the FCA during the course of the criminal investigation and later regulatory proceedings brought by the Chartered Insurance Institute (“CII”), which meant that he lacked integrity. In short, the Tribunal concluded that “it is not the fact that a criminal offence has been committed that is fatal to an applicant’s case but the manner in which he deals with the consequences that follow. In this case, we have found that the way Mr Frensham dealt with those consequences demonstrated a lack of integrity which entitles the Authority to exercise the prohibition power in order to further its statutory objectives”.

The Tribunal’s carefully reasoned judgment provides essential guidance both to the FCA and to firms assessing an individual’s fitness under the Senior Managers and Certification Regime (“SMCR”), and more generally under the Individual Conduct Rules (“COCON”), on how non-financial misconduct committed in an individual’s private life, where unrelated to their regulated activity, should be approached. This C&G Client Alert reviews the facts and the law, and analyses key lessons from the case.

Can an individual with a recent regulatory history resume a role in the financial services industry, and, if so, what is the process? This client alert discusses the FIT Test (as applied both by the FCA and firms under the SMCR), explores how the FCA will approach the authorisation process in non-routine cases, and offers practical guidance for individuals seeking to have such an application approved by the FCA.

On January 1, 2021, the Senate and the House of Representatives voted to override President Trump’s veto of the National Defense Authorization Act of 2021, which introduced legislation that allows federal oversight for transactions involving antiquities and contains other provisions affecting the art market at large. In this C&G client alert, Christian Everdell and Barbara Luse discuss the impact of the new legislation and explore the question of what’s next for arts and antiquities businesses involved in high-value transactions.

Non-U.S. banks that maintain correspondent accounts in the United States face the prospect of significantly broader subpoenas from the Department of Justice and the Department of Treasury as a result of the newly passed Anti-Money Laundering Act of 2020 (“AMLA”), which became law on January 1, 2021 as part of the National Defense Authorization Act of 2021. These new subpoenas represent a major expansion of the DOJ and Treasury’s investigative reach, but they are not without limitations.  This client alert examines the expanded subpoena authority under the AMLA, as well as potential ways in which non-U.S. banks can seek to limit or quash these subpoenas.

With the shift to remote working and the convenience of chat applications for conducting business, it is critical for firms to understand that information relevant to their business may be created on personal devices and applications. The UK FCA’s failed prosecution of an investment banker for destroying WhatsApp messages taken together with the FCA’s ‘Market Watch 66’ publication highlighting the need to control electronic communications is a reminder to firms to address staff use of personal chat applications to conduct business.

Congress recently enacted the Corporate Transparency Act (“CTA”), requiring millions of domestic and foreign businesses to disclose information about their beneficial owners to the federal government. In this C&G client alert, Jonathan Abernethy summarizes the major provisions of the CTA, considers the implications of the law on domestic and foreign entities, and provides analysis on some areas that may be shaped by the forthcoming implementing regulations.

On December 24, 2020, the European Union (EU) and United Kingdom (UK) reached a Brexit trade and partnership agreement after months of negotiations. The agreement avoids the possibility of a ‘chaotic Brexit’, but falls well short of ensuring the continuity of frictionless trade between the EU and the UK. In this C&G client alert, we briefly consider the regulatory impact this deal will have on various industries, including manufacturing, agriculture, aviation, energy, education, and security and defense.

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