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:

• Jonathan S. Abernethy, Criminal Defense: White Collar
• Kwaku Andoh, Mergers & Acquisitions
• Luke Appling, Civil Litigation: Defense
• Elizabeth Bernhardt, Business Litigation
• 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
• Robert J. Gavigan, Mergers & Acquisitions
• Lawrence T. Gresser, Business Litigation
• Oliver S. Haker, Business Litigation
• Johannes Jonas, Mergers & Acquisitions
• Nicholas J. Kaiser, Real Estate
• Jeffrey I. Lang, Civil Litigation: Defense
• David F. Lisner, Business Litigation
• Ellen Paltiel, General Litigation
• Douglas J. Pepe, Business Litigation
• Matthew V. Povolny, Business Litigation
• Nathaniel P. T. Read, Business Litigation
• Bonnie J. Roe, Securities & Corporate Finance
• Stephen M. Sinaiko, Business Litigation
• Mark Spatz, Civil Litigation: Defense
• C. Evan Stewart, Securities Litigation
• Daniel H. Tabak, Business Litigation
• Scott D. Thomson, Business Litigation
• Alexandra Wald, Business Litigation

The C&G lawyers recognized on the New York Metro Rising Stars list are:

• Sharon L. Barbour, Criminal Defense: White Collar
• Randall W. Bryer, Business Litigation
• Shannon A. Daugherty, Business Litigation
• Drew S. Dean, General Litigation
• Jesse Greenwald, Criminal Defense: White Collar
• Christine M. Jordan, General Litigation
• William Kalema, Business Litigation
• Sri Kuehnlenz, Civil Litigation: Defense
• Marvin J. Lowenthal, Criminal Defense: White Collar
• Barbara K. Luse, Criminal Defense: White Collar
• Benjamin Zhu, General Litigation

Six 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 – Defendants
• Jason A. Brown – Criminal Defense: White-Collar
• Mark S. Cohen – Criminal Defense: White-Collar
• Mark Spatz – Product Liability Litigation – Defendants
• C. Evan Stewart – Litigation – Securities

• Luke Appling – Commercial Litigation and Litigation – Securities
• Sharon L. Barbour – Criminal Defense: White-Collar
• William E. Kalema – Criminal Defense: White-Collar
• Alexandra K. Theobald – Commercial Litigation

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

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

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.

Lawline interviewed C Evan Stewart as part of its Faculty Spotlight series. Evan discussed his introduction to a career in law, helpful advice he's received, and more.

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

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

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

C Evan Stewart helped underwrite the reconstruction of Hughes Hall at Cornell Law School with a gift to the facilities. In honor of this generosity, the new Seminar Room in Hughes Hall has been named in honor of Mr. Stewart's father, Charles Thorp Stewart.  

The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2015 guide.  The guide notes Cohen & Gresser’s “extraordinary team of attorneys, who present cases in the best and most efficient manner practicable.”  Partners Mark S. Cohen, Lawrence T Gresser, S Gale Dick, C Evan Stewart, and Daniel H Tabak were also noted as “impressive” attorneys in this field.  The Legal 500 offers nationwide rankings by reviewing the strengths and strategies of law firms across the country.  Founded in 1987, Legalease, publisher of the Legal 500 directories, is a leader in the provision of legal market information, offering authoritative and in-depth analysis and commentary across a broad portfolio of publications, spanning directories, magazines, journals, textbooks, and online. The Legal 500 U.S. 2015 Guide offers nationwide rankings by reviewing the strengths and strategies of law firms across the country. 

C Evan Stewart recently led a panel discussing attorney-client privilege in the context of internal investigations, which was covered in Boomberg BNA's Corporate Counsel Weekly. 

On Wednesday January 21st, 2014, the U.S. Securities and Exchange Commission slapped Standard & Poor’s with a one-year suspension from rating certain mortgage-backed securities as part of a $77 million settlement over alleged fraudulent misconduct in past ratings. Here, C&G Partner C Evan Stewart weighs in on why the settlement is significant.

Cohen & Gresser has been ranked as a "Recommended" New York law firm in the 2015 edition of Benchmark Litigation.   In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, C Evan Stewart, and Karen H Bromberg were all individually recognized by the publication.  Benchmark Litigation is a leading guide to top litigation firms and attorneys in the United States and bases its rankings on extensive face-to-face interviews around the country over a six-month period with the nation's leading private practice attorneys and in-house counsel. 

In a surprise gift to his wife, C&G partner and Cornell Alumn C Evan Stewart made possible the Patricia M Stewart Gallery for Ancient Art at Cornell University's Herbert F Johnson Museum of Art. 

The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2014 guide. Legal 500 noted that the firm is "young and nimble," naming Mark S Cohen as the leader of a team of "experienced lawyers who work at a more palatable price than competing firms."  Lawrence T Gresser and Daniel H Tabak are also recommended in light of their successful dismissal of a short swing profits case for Goldman Sachs, and C Evan Stewart was highlighted in the report as an "incredible trial lawyer with big case experience."

Evan previously wrote Myron Taylor: The Man Nobody Knew, his debut book that was released in January 2023 and chronicles the life of Myron Taylor, a prominent 20th century industrialist and diplomat who remained remarkably disinterested in self-promotion throughout his extraordinary career.

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

Courts, unfortunately, often err when ruling on matters relating to the attorney-client privilege. As set forth in Mr. Stewart's article, the New York Court of Appeals recently stepped in it when it addressed the "common interest" privilege in Ambac Assurance Corp. v. Countrywide Home Loans

Herewith is the third installment of terrible Supreme Court jurisprudence, as explored and explained by Mr. Stewart. 

The ethical rule on what lawyers are supposed to do when they come into possession of materials inadvertently delivered by an opposing party purports to be crystal clear. Unfortunately, it is not. As set forth in Mr Stewart's article, lawyers need to be very careful when dealing with the subject. 

The Supreme Court's infallibility takes another hit in Mr. Stewart's latest article for the Federal Bar Council Quarterly, where he recounts the sorry decision in which the Court expressly affirmed racial segregation.

Perhaps many lawyers believe that the U.S. Supreme Court does not always get it right. But in his most recent article for the Federal Bar Council Quarterly, Mr. Stewart makes out the case for the worst Supreme Court decision, ever!   

For 26 years the author has been writing about the eroding status of the attorney-client privilege and the fact that litigating privilege issues can be a very tricky business. Unfortunately, as this article makes clear, two recent (and wrongly-decided) decisions of the D.C. Circuit—in the same litigation—make these regrettable states of affairs all too true.

Would the course of American History have been different if Lyndon Johnson had been told the truth about the Cuban Missile Crisis? In his most recent article for the Federal Bar Council Quarterly, Mr. Stewart explores this little known episode and its consequences for our country's involvement in the Big Muddy (i.e., Vietnam). 

Lawyers who represent public companies are faced with a problem about which most are clueless. In a number of states (including New York), lawyers’ confidentiality obligations are at odds with the requirements mandated by the U.S. Securities and Exchange Commission. Is there a way out of this conundrum? Mr. Stewart attempts to get to the bottom of this matter in his latest article in the New York Law Journal.

Buying a pig In a poke is never a good idea. In this article, Mr. Stewart warns about two situations where this maxim applies. The first concerns making threats of criminal or regulatory action to gain an advantage in civil litigation; lawyers who believe there is a simple straightforward answer to deal with such a situation will be surprised. The second concerns attempts to restrict a lawyer's future conduct through the settlement of a matter; again, those who believe that there is a consensus view on this subject are in for a surprise.

Clement Vallandingham is a figure lost to history. Known to but a handful of American Historians, Vallandingham was a pivotal figure in the country’s political life up to and including the Civil War era. He also was a party in one of the Supreme Court’s Civil War jurisprudence. And finally, readers will be interested in the manner in which he concluded his career as a lawyer.

A prominent law firm is retained by a corporation to defend a sexual/employment discrimination claim. The law firm then contacts employees with first-hand knowledge of the facts. Assuring these individuals that it sees no conflict of interest, the law firm offers to represent them at the corporation's expense, which the individuals agree to. Plaintiff's counsel discovers this multi-representation arrangement and moves to disqualify the law firm for purported ethical violations. Could the law firm's actions possibly violate the "non-solicitation" rule? Read this article to find out. 

Many lawyers and judges misunderstand and misapply the attorney-client privilege and work product doctrine. In his most recent New York Law Journal column, Mr. Stewart applauds the recent decision of Judge Moskowitz , in which she correctly ruled that the common interest privilege applies irrespective of the anticipation of litigation.   

Little remembered today (except perhaps for a famous picture of Harry Truman holding up a 1948 newspaper headline), Thomas E. Dewey was one of the most important and prominent public figures of the 20^th century. Mr. Stewart’s article focuses on Dewey’s legal career before he became Governor of New York State and almost President of the United States. As detailed in the article, Dewey’s work in the 1930s to fight corruption and illegality was unprecedented, and the young legal careers he mentored was equally impressive.

For almost 25 years the author has been writing about the eroding status of the attorney-client privilege. Practitioners, legal academics, and judges (with a few notable exceptions) seem either not to understand the privilege, or believe that the purposes it serves are overstated or not important. One recent case--which purports to strengthen the privilege--further documents this disheartening state of affairs.

In a further analysis of Judge Rakoff’s multi-year attempts to discourage the SEC from seeking federal courts to put their imprimatur on regulatory settlements, Mr. Stewart questions whether the Second Circuit’s opinion was truly a “loss” for Judge Rakoff; indeed, it would appear that the Judge may well achieve what he wanted in the first place.

This article focuses on the infamous and tragic MacDonald family murders (the subject of a best-selling book, Fatal Vision), the conviction of the husband/father for the crimes, and the import of Federal Rule of Evidence 804 (b)(3) on MacDonald’s conviction.

Because of the whistleblower provisions of federal statutes such as Dodd-Frank, recent case law, and various articles written on this subject, there has been a fair amount of disinformation as to whether lawyers are free to rat on their clients and then also profit thereby. This article explores related concepts with intentions of determining what is right.

This article is focused around Mr. Rifkind's famous client, Jacqueline Bouvier Kennedy Onassis, and the turmoil over her attempts to scuttle the publication of The Death of a President, authorized by William Manchester. 

Mr. Stewart examines the evolving state of advance conflicts of interest waivers in the context of two recent court decisions.

A discussion on Simon Rifkind and his role as a 'giant' in the legal profession during the 20th century.

A discussion of the ethical rules governing English lawyers in reference to why they are not allowed to prepare witnesses for their upcoming experience in the courtroom.

A concise and informative review of Jonathan E Macey's book, "The Death of Corporate Reputation", which discusses the idea of recapturing our ethical standards while maintaining our economic standard of living.

Given the steady erosion in attorney-client privilege, Stewart writes that it has been disheartening to see a New York court recently reach out and imitate the courts of Ohio.
 

Examining the tales of Judge Kaplan and the Department of Justice and Judge Rakoff and the SEC.

The story of Myron Taylor, ex-Chairman and CEO of United States Steel Corporation, was appointed by Roosevelt in 1938 to help alleviate the deepening crisis of Jewish refugees attempting to flee the persecution of Hitler's Nazi regime.

In this article in the New York State Bar Association's NY Business Law Journal, C. Evan Stewart writes: In the very recent past, some prominent lawyers have gotten important body parts singed by their miscues on such matters. Perhaps a review of some of these episodes will help the rest of us avoid such problems in the future.

Considering traditional antitrust principles, it is hard to conceive the government losing this case.

Mr. Stewart talks about how the SEC has suffered serious blows when it was forced to be an advocate in the federal courts.

While much of the media has focused on the use of wiretapping in the successful criminal case brought against Raj Rajaratnam by the U.S. Attorney’s office in Manhattan, that is not the really “big show”. Rather, the main event is the prosecutorial scrutiny now being brought to bear on the fact that the hedge fund world has so heavily bought into the so-called “expert networks” in order to prosper.
 

As inexcusable as Patton’s behavior seems today, in the crucible of a life and death struggle is there a different way to consider Patton’s behavior? Interestingly, in Eisenhower’s eyes the answer seems to have been “yes.”

This article in the New York State Bar Association's NY Business Law Journal flags the potholes that lie in the legal highway for New York lawyers going forward, as they practice law beyond the geographic boundaries of New York State.

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

Offering insight to multinational corporations in terms of navigating within, among, and between the different policies and agendas of antitrust regimes around the world.

This article examines and revels the American diplomacy displayed by two very predominent lawyers.