Internal Investigations
Our Internal Investigations practice assists corporations, boards of directors, special committees, and audit committees in connection with internal investigations of all sizes. Our 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.
Our background in criminal and regulatory matters makes us well-suited to conduct all aspects of the investigation, including interviewing employees at all levels, reviewing complex business and financial documents, and working in conjunction with forensic accountants and other experts. In connection with our work, we provide interim and final investigative reports, which may include formal board presentations and detailed written analysis. Our focus is on delivering comprehensive, reliable investigative results while acting efficiently and remaining mindful of client cost considerations.
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The GIR 100, a definitive guide to the world’s top firms for investigations, recognized Cohen & Gresser for its exceptional representation of high-profile individuals and companies. The firm was highlighted for its strong team of renowned lawyers operating in key jurisdictions worldwide. The GIR 100 is based on comprehensive submissions and rigorous independent research, identifying the top 100 firms globally that excel in government-led, internal, and cross-border investigations.
Cohen & Gresser’s White Collar Defense and Regulation practice, which spans its offices in New York, Washington, D.C., Paris, and London, is central to its continued success. The practice boasts a highly experienced Internal Investigations team that advises global clients, including corporations, boards of directors, special committees, and audit committees.
The team’s work encompasses the full spectrum of investigations, from responding to discrete, anonymous employee complaints to managing complex, wide-ranging investigations tied to ongoing litigation or regulatory and criminal scrutiny.
This recognition underscores Cohen & Gresser’s dedication to providing clients with sophisticated, strategic counsel in even the most challenging investigative matters.
Five C&G attorneys are recognized by their peers as “Best Lawyers” in their respective practice areas:
- Mark S. Cohen – Criminal Defense: White-Collar
- Lawrence T. Gresser – Commercial Litigation
- Jonathan S. Abernethy – Criminal Defense: White-Collar and Litigation - Regulatory Enforcement
- Jason A. Brown – Criminal Defense: White-Collar
- Mark Spatz – Product Liability Litigation - Defendants
Seven C&G attorneys are recognized as “Best Lawyers: Ones to Watch” in their respective practice areas:
- Luke Appling – Commercial Litigation and Litigation - Securities
- Sharon L. Barbour – Commercial Litigation and Criminal Defense: White-Collar
- William E. Kalema – Criminal Defense: White-Collar
- Phoebe King – Criminal Defense: White-Collar
- Barbara K. Luse – Commercial Litigation and Corporate Law
- Alexandra K. Theobald – Commercial Litigation and Corporate Law
- Benjamin Zhu – Criminal Defense: White-Collar
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.
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’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)
Litigation: General Commercial (NY)
Litigation: Securities (NY)
Litigation: White-Collar Crime & Government Investigations (NY)
Cohen & Gresser has once again been ranked by Global Investigations Review (GIR) as one of the leading law firms in the world for cross-border investigations. The GIR 100 is an independent guide to the world’s best firms for cross-border investigations. Based on submissions from law firms and extensive research, GIR selects the top 100 firms from around the world able to handle sophisticated government-led internal and cross-border investigations.
International law firm Cohen & Gresser today announced that Richard Kovalevsky QC, a distinguished barrister and Queen’s Counsel, will join the firm’s White Collar Defense & Regulation group as a partner in its London office. As head of Criminal Defense for the London office, Richard’s hire will bolster Cohen & Gresser’s highly-regarded White Collar Defense practice and strengthen the firm’s ability to provide clients with sophisticated and strategic guidance on the most complex government and internal investigations.
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.
- 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.
Muriel Goldberg-Darmon explains the specific regime of navigating whistleblowing within the French financial sector through the internal procedures of financial institutions and external procedures of the French Financial Market Authority (AMF) and the French Banking Authority (ACPR).
Regards croisés entre Muriel Goldberg-Darmon et Angéline Duffour, associées spécialisées respectivement en Compliance et Droit social.
(Muriel Goldberg-Darmon and Angéline Duffour discuss internal investigations and the associated employment law risks.)
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.
Muriel Goldberg-Darmon, Associée du cabinet Cohen & Gresser à Paris et leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un webinar à la suite de la publication par le CNB du guide « L’avocat Français et les enquêtes internes » au cours duquel Sophie Scemla, Avocat Associée chez Gide membre du groupe de travail du CNB, est intervenue sur le thème de la désignation de l’avocat et du secret professionnel.
Partner Muriel Goldberg-Darmon, the leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast at Cohen & Gresser’s Paris office relating to the publication of the Conseil national des barreaux’s (CNB) Guide “The French Lawyer and Internal Investigations,” during which Sophie Scemla, a partner at Gide and a member of the CNB working group, spoke about appointing a lawyer and legal privilege.
John was the keynote speaker at the 2018 Global Investigations Review Conference.
- Handling multi-jurisdictional approaches to privileged communications in the aftermath of the recent UK decision in Eurasian Natural Resources Corporation Ltd. and The RBS Rights Issue Litigation.
- Identifying potential cultural challenges and local laws that may impede an effective investigation and prevent a one-size-fits-all approach to designing internal processes and procedures within multinational organizations.
- Implementing best practices when preparing for and coordinating effective internal investigations across international lines.
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