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
John leads the firm’s UK White Collar and Investigations practice. His work focuses on complex economic crime, investigations, sanctions, and regulatory matters.
Richard is the head of Criminal Defense for the London office. He 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 in the United Kingdom relies entirely on peer review to determine and recognize the “highest of talent in the legal industry.”
Opened in 2018, Cohen & Gresser’s London office provides legal services to clients around the world, working closely across practices with colleagues in New York, Washington, D.C., and Paris to provide seamless support on sophisticated cross-border matters. Our UK white collar defense and investigations team represents entities and individuals in complex economic crime, investigations, and regulatory matters.
Johannes Jonas is recognized for corporate law. His practice focuses on cross-border transactions and investments, mergers and acquisitions, employment law, and general commercial law.
Angéline Duffour is recognized for labor and employment law. Her practice focuses on all aspects of employment law in a diverse range of industries (including hospitality and leisure, life sciences and health care, chemical industries, luxury, fashion and transportation).
Muriel Goldberg-Darmon is recognized for banking and finance law, financial institutions, mergers and acquisitions law, and regulatory practice. Her practice focuses on advising 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.
Franck Le Mentec is recognized for tax law. His practice focuses on cross-border taxation, both for multinational enterprises and private clients.
Guillaume Guérin is recognized for regulatory practice. His practice focuses on advising publicly listed and non-listed companies and their managers, investment funds, and financial institutions on a wide range of regulatory and compliance issues, investigations, and corporate transactions.
The Best Lawyers in France relies entirely on peer review to determine and recognize professional excellence.
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.
Mark Cohen is once again recognized as a Leading Partner in both Securities Litigation and Corporate Investigations & White-Collar Crime: Advice to Individuals.
The 2024 guide also recognizes Lawrence T. Gresser, Jonathan Abernethy, Jason Brown, S. Gale Dick, Christian Everdell, Jeffrey Lang, Alisa Lu, Melissa Maxman, Douglas Pepe, John Roberti, Daniel Tabak, and Ronald Wick as recommended lawyers.
This 17th edition of The Legal 500 United States guide, which identifies the “true superstars of the profession,” 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.
Founded in 2002, Cohen & Gresser’s New York office serves as the firm’s headquarters. Our New York attorneys are particularly strong in complex litigation, investigations, and 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.
The firm’s White Collar Defense & Regulation practice is once again ranked in the guide, maintaining its position as one of the “Elite” firms in the Litigation: White-Collar Crime & Government Investigations category. Chambers recognized the firm’s “strong regulatory investigations and enforcement practice,” specifically highlighting its “expert financial services practice which offers particular strengths in FINRA and SEC proceedings.” Client feedback praises the team for its “strong expertise with the DOJ and with prosecutors.”
The Commercial Litigation practice is also ranked in the Litigation: General Commercial: Highly Regarded category, receiving high praise from clients for having a “strong understanding of the client’s needs” and for being “smart, creative and willing to try difficult strategies and aggressive approaches.”
The firm’s Antitrust & Competition practice is ranked in the Antitrust category, with Chambers noting that “Cohen & Gresser houses a strong practice across a range of antitrust disputes [including] sophisticated litigation.” Client feedback praises the team for being “creative and responsive” and having “strong knowledge of antitrust class actions.”
Partners throughout Cohen & Gresser’s US practices also earned individual rankings in the following categories:
Antitrust: Litigation Specialists (DC)
Litigation: General Commercial (NY)
Litigation: Securities (NY)
Litigation: White-Collar Crime & Government Investigations (NY)
Chambers is the world’s leading legal data and analytics provider, highlighting the top lawyers and law firms across the USA based on in-depth research that includes reference feedback, client satisfaction, reputation in the market, peer knowledge, and other discreet independent market sources.
Andrew is also recognized in both the Criminal Fraud and Investigations categories of the UK Bar Silks report, which lists “the very best barristers … across over 28 areas of business and commercial law, including some of the leading litigators globally.”
WWL identifies leading lawyers across 80 areas of law and in more than 150 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.
John Gibson, head of Cohen & Gresser’s UK White Collar and Investigations Practice, is featured as a “Top Recommended” lawyer for Criminal Law and White Collar Crime in the 2024 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), John’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” lawyer in the Spear’s Hommes d’Affaires category. Richard 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 Richard for his wide-ranging client base, which includes global business leaders and high-profile politicians to HNW individuals and members of prominent families.
John and Richard 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.
"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.
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.
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 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.
Published by Chambers & Partners, the 2024 Chambers UK guide ranks the legal market’s best law firms and lawyers in numerous areas of UK law based on thorough independent research, including thousands of client interviews.
Richard Kovalevsky KC received recognition as a Leading Individual in the Regulatory Investigations and Corporate Crime (Advice to Corporates) category, and Thomas Shortland is recognized as a Next Generation Partner in the Commercial Litigation: Mid-Market category. Additionally, John Gibson, Sir David Green CB KC, Ashley Collins, Patrick Ferguson, and Charlotte Ritchie are recognized as recommended lawyers.
Testimonials included in the tables praise the London team as “brilliantly innovative,” “top of the league,” and “standout stars in every way.” Client feedback also highlighted the team’s relentless persistence: “They will work unflaggingly and constantly until they have left no stone unturned and no potentially winning avenue unexplored.”
Opened in 2018, Cohen & Gresser’s London office provides legal services to clients around the world in a variety of disciplines. The office works closely across practices with colleagues in New York, Paris, and Washington, D.C., providing seamless support on sophisticated cross-border matters.
The Legal 500 UK Solicitors reflects the best lawyers and law firms in the UK following extensive research, interviews, and analysis of tens of thousands of submissions.
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.
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.
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
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."
Six C&G attorneys are recognized by their peers as “Best Lawyers” in their practice areas:
- Mark S. Cohen – Criminal Defense: White-Collar
- Lawrence T. Gresser – Commercial Litigation
- Jonathan S. Abernethy – Criminal Defense: White-Collar
- Colin Bridge – Criminal Defense: White-Collar
- Jason A. Brown – Criminal Defense: White-Collar
- Mark Spatz – Product Liability Litigation - Defendants
Eight attorneys are recognized as “Best Lawyers: Ones to Watch” in their 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
- Eszter Vincze – Commercial Litigation and Criminal Defense: White-Collar
- Benjamin Zhu – Criminal Defense: White-Collar
Jeff Bronheim is featured as a “Top Recommended” lawyer for corporate law and litigation and dispute resolution. Spear’s notes that Jeff is “highly recommended” in wealth management and is an “eminent and personable partner.” Jeff is a partner in 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 2023 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), John’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. Richard 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 Richard 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, Jeff, John, and Richard 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.
Two partners were individually ranked for their leading work for HNW clients:
- Richard Kovalevsky KC (Band 1, Financial Crime: High Net Worth Individuals, UK)
- John Gibson (Band 3, Financial Crime: High Net Worth Individuals, UK)
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.”
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 recognize the “highest of talent in the legal industry.”
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)
Who’s Who Legal (WWL) has recognized John Gibson as a recommended lawyer for Business Crime Defence in its 2023 guide, which provides an in-depth report into the leading lawyers around the world for white-collar criminal defence proceedings. Richard Kovalevsky KC is recognized as a recommended lawyer in the 2023 Investigations guide, which highlights the foremost lawyers working on a wide range of issues in white-collar crime, corporate compliance, and regulatory enforcement. Andrew Mitchell KC has been recognized as a recommended lawyer in WWL's Asset Recovery report, which recognises the foremost asset recovery lawyers and experts from both onshore and offshore jurisdictions. According to WWL: The lawyers recognized in this category "rank highly thanks to their market-leading expertise in the tracing and recovering of lost, misappropriated or stolen assets."
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.
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.
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.
“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).
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.
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.
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
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.
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.”
About The Best Lawyers in France
The guide highlights C&G’s “elite group of practitioners” and use of advanced machine learning techniques and notes that the firm “handle[s] cases that are every bit as complex and challenging as big, national law firms.” Commentators noted that the firm “punches way above its weight” in litigation and investigation matters.
C&G Co-Founder Mark S Cohen is one of only two lawyers in the United States to be recognized as a “Leading Lawyer” in both Securities Litigation: Defense and Corporate Investigations and White-Collar Criminal Defense. Commentary from The Legal 500 recognizes Mark as a “top-tier advocate” who is “at the top of the profession” and “can litigate with the best of them.”
For the first time, C&G’s Antitrust practice has been recognized in Antitrust: Civil Litigation/Class Actions: Defense for its handling of class action cases concerning allegations of cartel behavior, monopolization, and other exclusionary conducts. The Legal 500 cites the leadership of Melissa H Maxman and the addition of “heavyweight” lawyer John Roberti as key reasons for the practice’s recognition.
C&G is again recognized in the Advice to Individuals and Advice to Corporates categories of the Corporate Investigations and White-Collar Criminal Defense section. The Legal 500 commentary notes that the practice is led by “partners with deep experience who obtain excellent results for clients” and is “well placed to handle transatlantic cases” with offices in New York, Paris, and London, and has “particular expertise in financial crime, antitrust enforcement, public corruption, and tax issues.”
The guide has also recognized C&G once again in the General Commercial Disputes category, praising the practice for showing the “discipline and focus necessary to win a case.” Testimonials from the guide highlight the team’s ability to “handle large and complex matters” with “experienced people, good judgment,” and “better use of technology.”
For the 10th consecutive year, C&G has been recognized in the Securities Litigation: Defense category for the firm’s “expertise in the financial services sector” and “recognized trial expertise” in cross-border and domestic securities litigation and enforcement proceedings. The Legal 500 emphasizes the team’s “strong practitioners” and “attentiveness to clients” in the 2022 guide.
Recognized Practices:
- Antitrust: Civil Litigation/Class Actions: Defense
- Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
- Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
- General Commercial Disputes
- Securities Litigation: Defense
Antitrust: Civil Litigation/Class Actions: Defense
- Melissa H Maxman
- John Roberti
- Ronald F Wick
- Jonathan S Abernethy
- Jason Brown
- Mark S Cohen
- S Gale Dick
- Jeffrey I Lang
- Melissa H Maxman
- Reggie Schafer
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
- Melissa H Maxman
- Daniel H Tabak
- Jonathan S Abernethy
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
The Legal 500 analyzes the capabilities of law firms across the world. Its rankings “highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel.”
C&G’s Commercial Litigation practice is once again ranked in Litigation: General Commercial: Highly Regarded. The practice is recognized for being “regularly sought after by individuals and corporates for representation in securities class actions and derivative matters, as well as various shareholder and product litigation.” Clients note that the team is comprised of “litigators that you don’t want to mess with” and is one that “you can rely on.”
C&G’s White Collar Defense & Regulation practice is ranked in Chambers USA for the ninth consecutive year. The practice maintains its position as one of the “Elite” firms in Litigation: White-Collar Crime & Government Investigations. Chambers highlights the practice’s “talented pool of litigators with a wealth of government experience” and its “international presence” as key reasons for its continued ranking. Commentary from the guide notes that the practice is “a substantial player in the New York white-collar world” that has “burst onto the scene with strong former prosecutors” and “good results for their clients.”
Ranked Departments:
- Litigation: General Commercial: Highly Regarded
- Litigation: White-Collar Crime & Government Investigations: The Elite
District of Columbia
Antitrust: Litigation Specialists
New York
Litigation: General Commercial
Litigation: Securities Litigation: White-Collar Crime & Government Investigations
Leading practitioners are determined by an independent analysis of the opinions of corporate counsel and investigations experts from around the world. Richard joins a distinguished group of lawyers and experts from 46 jurisdictions who are “considered leaders in the field.”
Who’s Who Legal is an organization that identifies the foremost legal practitioners and consulting experts in business law based upon comprehensive, independent research.
International law firm Cohen & Gresser is pleased to announce the arrival of Sir David Green CB QC, barrister, former director of the Serious Fraud Office (SFO), and previously director of the Revenue and Customs Prosecutions Office. He joins the firm as a partner in the White Collar Defense & Regulation practice group in its London office, working alongside fellow partners John W Gibson and Richard Kovalevsky QC to create one of London’s most experienced White Collar Defense & Regulation practices.
Sir David’s hire continues Cohen & Gresser’s strategic expansion of its global capabilities through the addition of highly-regarded lawyers providing clients with collaborative and sophisticated cross-border support. Sir David will work closely with the firm’s international offices to serve the needs of both corporates and individuals facing complex domestic and multijurisdictional investigations.
“Cohen & Gresser brings a fresh and energetic approach to international investigations. They are a highly-specialized and close-knit team of former prosecutors and leading lawyers that can work across borders and seamlessly advise clients across jurisdictions,” said Sir David. “I am looking forward to partnering with the firm’s talented group of lawyers and working with clients on key investigations and enforcement matters.”
Sir David previously served as SFO director from 2012 until 2018 and is widely recognized for strengthening the enforcement agency and overseeing many of its most high-profile investigations. As SFO director, Sir David increased coordination with other global regulatory and enforcement agencies, including the U.S. Department of Justice (DOJ). His understanding of cross-border collaboration between international agencies will aid C&G clients in all jurisdictions.
“Few lawyers have the experience and expertise that Sir David has accumulated during his career. His decision to join Cohen & Gresser is further proof of the firm’s growing strength and reputation,” said Lawrence T Gresser, global managing partner of Cohen & Gresser. “I am confident that Sir David’s strategic guidance and first-hand knowledge and insight from working with the world’s leading regulatory and enforcement agencies will be an excellent asset for our clients, and I am pleased to welcome him as a partner at C&G.”
Sir David is well-known for securing the UK’s first Deferred Prosecution Agreements (DPAs) and the first convictions under the UK Bribery Act. His unrivaled experience and understanding of these crucial areas will offer clients a unique perspective and allow him to effectively guide corporations and individuals through strategic options, settlement processes, non-prosecution resolutions, and global solutions.
“I am thrilled to welcome Sir David as our partner in London,” said Jeffrey M Bronheim, managing partner of Cohen & Gresser’s London office. “Sir David brings us unique senior insight, experience, and expertise in UK and international investigations and prosecutions. His experience in both private practice and government at the highest levels will provide invaluable support and insight to our clients.”
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
- Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Fraud: White-Collar Crime (Advice to Individuals)
- Commercial Litigation: Mid-Market
- John Gibson: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Richard Kovalevsky QC: Commercial Litigation: Mid-Market; Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Jumana Rahman: Commercial Litigation: Mid-Market
- Thomas Shortland: Commercial Litigation: Mid-Market; Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Tim Harris: Fraud: White-Collar Crime (Advice to Individuals); Regulatory Investigations and Corporate Crime (Advice to Corporates)
- Jonathan S. Abernethy – Criminal Defense: White-Collar
- Thomas E. Bezanson – Commercial Litigation and Product Liability Litigation: Defense
- Jason A. Brown – Criminal Defense: White-Collar
- Mark S. Cohen – Criminal Defense: White-Collar
- Evan Stewart – Litigation – Securities
- Sharon L. Barbour – Criminal Defense: White-Collar
- Winnifred A. Lewis – Commercial Litigation
- Alexandra K. Theobald – Commercial Litigation
- Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
- Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
- General Commercial Disputes
- Securities Litigation: Defense
- Litigation: General Commercial: Highly Regarded
- White-Collar Crime & Government Investigations: The Elite
- SFO Ruling Casts Doubt Over Other Foreign Material, Lawyers Claim, The Law Society Gazette
- K. Blocks Bid to Get U.S. Company Documents in Fraud Probe, Bloomberg Law (Subscription Required)
- UK Supreme Court Limits SFO’s Investigative Powers, Global Investigations Review (Subscription Required)
- SFO Suffers Serious Blow to International Search Powers, Law360 (Subscription Required)
- Greenberg Secures Victory in Hotly-Anticipated SFO Supreme Court Battle, com International (Subscription Required)
- Serious Fraud Office Suffers Setback after Supreme Court Decision, The Lawyer (Subscription Required)
Cohen & Gresser has once again been ranked by Global Investigations Review (GIR) as one of the leading law firms in the world for cross-border investigations. The GIR 100 is an independent guide to the world’s best firms for cross-border investigations. Based on submissions from law firms and extensive research, GIR selects the top 100 firms from around the world able to handle sophisticated government-led internal and cross-border investigations.
International law firm Cohen & Gresser today announced that Richard Kovalevsky QC, a distinguished barrister and Queen’s Counsel, will join the firm’s White Collar Defense & Regulation group as a partner in its London office. As head of Criminal Defense for the London office, Richard’s hire will bolster Cohen & Gresser’s highly-regarded White Collar Defense practice and strengthen the firm’s ability to provide clients with sophisticated and strategic guidance on the most complex government and internal investigations.
Mark S Cohen, Jonathan S Abernethy, Jason Brown, C Evan Stewart, and Thomas E Bezanson were recognized in The Best Lawyers in America‘s 2021 New York listings. Mark, Jonathan, and Jason were recognized for white collar criminal defense; Evan for securities litigation; and Tom for commercial litigation and product liability litigation defense. Additionally, Sharon L Barbour, Winnifred A Lewis, and Nicole Dhir were recognized in the New York list of The Best Lawyers in America: Ones to Watch. Sharon was recognized for white collar criminal defense; Winnifred for commercial litigation; and Nicole for commercial litigation and securities litigation.
John W Gibson speaks to Law360 about the light caseload and lack of charges coming out of the Serious Fraud Office. John notes that the current "cases are worthwhile, but they appear to lack the complexity or global scope of international bribery and corruption cases the SFO is designed to pursue." John also praises the Director of the SFO, Lisa Osofsky, for her "bold and impressive charging decision" regarding the recent investigation of GPT Special Project Management, Ltd. (a subsidiary of Airbus) and three individuals for alleged corruption offenses.
- Corporate Investigations and White Collar Criminal Defense: Advice to Individuals
- Corporate Investigations and White Collar Criminal Defense: Advice to Corporates
- General Commercial Disputes
- Securities Litigation: Defense
Chambers has recognized Cohen & Gresser in its 2020 USA guide for its achievements in General Commercial Litigation and White Collar Crime & Government Investigations. Chambers commentary highlights the firm's "thoroughness, quality, responsiveness, client care and availability,” noting that "the level of service is stellar, the work product is uniformly superb,” and that C&G is "a great firm with high quality across the board."
Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; Mark S Cohen for Securities Litigation and White Collar Crime & Government Investigations; and Lawrence T Gresser for Commercial Litigation.
Cohen & Gresser's Paris office has been recognized in The Legal 500’s 2020 Europe, Middle East, and Africa guide for its work in seven practice areas: Compliance, Commercial Litigation, Employment, Stock Market Litigation, Tax, White Collar Crime, and IT and Internet. Clients note that the team in Paris “shows great availability and responsiveness” and is “very effective in working through problems and understanding issues to reach reasonable resolutions.”
Cohen & Gresser announces the promotion of Thomas Shortland to counsel in the firm's London office. Tom advises on a broad range of commercial and business disputes, including English High Court litigation, international arbitration, internal investigations, and regulatory proceedings.
- Corporate Investigations/White Collar
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
Christian R Everdell has been promoted to partner, and Joanna K Chan, Erica Lai, and David F Lisner have been promoted to counsel.
"Congratulations and thanks to each of these exceptional attorneys for their commitment to excellence, integrity, and superb client service. We are very fortunate to have them," said Managing Partner, Lawrence T Gresser.
- Corporate Investigations/White Collar – Advice to Corporates
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
Cohen & Gresser is pleased to announce the opening of its fourth office in Washington, D.C. The Washington office will be led by partner Melissa H Maxman, and will handle a range of commercial litigation and regulatory enforcement matters, with a focus on U.S. antitrust issues, criminal and civil litigation, and compliance and regulatory disputes in the federal agencies.
In this Client Alert, John Gibson, Thomas Shortland, and Ashley Collins explore the divergent approaches to whistleblower payment schemes in the UK and the U.S. and shed light on the challenges and opportunities faced in this area by the current Director of the SFO.
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.
In this C&G Client Alert, Thomas Shortland, John Gibson and Ashley Collins:
- highlight three trends in director disqualification enforcement which emerge from the Report;
- suggest factors that may have contributed to these trends; and
- discuss whether these trends are likely to continue.
They also provide some insights on contested disqualification proceedings from recent cases.
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.
- 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.
- 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.
- 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.
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).
- The announcement further suggests that NCET’s initial mandate will broaden the enforcement focus from criminal actors themselves to those who enable and facilitate illicit activities involving cryptocurrency.
- Cryptocurrency exchanges should take appropriate steps to work with counsel to avoid becoming the subject of a DOJ investigation or prosecution.
- The increased scrutiny will also likely extend to all cryptocurrency-focused businesses, NFT platforms, companies that accept cryptocurrency as payment, and even those that merely do business with third parties dealing in cryptocurrency.
- Given the heightened scrutiny from the DOJ and a constantly evolving regulatory landscape, all companies in the industry should evaluate compliance programs and practices to mitigate risk and exposure.
In this C&G client alert, Christian Everdell and Barbara Luse discuss a recent congressional report released by the Senate’s Permanent Subcommittee on Investigations that exposes how Russian oligarchs looking to evade U.S. sanctions are able to exploit loopholes in the art industry and calls for more regulation in a notoriously opaque industry which, according to the report’s findings, undermines one of the most fundamental tools that U.S. administrations use to pressure foreign governments against “bad behavior.”
In this C&G Client Alert, John W Gibson and Tim Harris discuss the Financial Conduct Authority’s (“FCA”) public censure of Redcentric PLC for market abuse and the likely implications for FCA enforcement in the context of the economic conditions created by COVID-19.
John W Gibson, Thomas Shortland, and Ashley Collins outline the key factors company directors must consider when making business decisions during the COVID-19 pandemic, as they may face scrutiny from a range of interested parties including creditors, employees, trade unions, landlords, customers, regulators, insolvency practitioners, and possibly law enforcement.
Dans cette publication, Loïc Henriot, Muriel Goldberg-Darmon, Louise Le Guilchet et Magalie Jullien présentent la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019, qui a vocation à établir des normes minimales communes entre les pays de l’Union européenne pour la protection des lanceurs d’alerte, et analysent les différences qu’elle présente avec le régime de protection des lanceurs d’alerte issu de la Loi Sapin 2.
(In this C&G Client Alert, Loïc Henriot, Muriel Goldberg-Darmon, Louise Le Guilchet, and Magalie Jullien discuss Directive (EU) 2019/1937 of the European Parliament (the “Directive”) on the protection of persons who report breaches of Union law. The Directive is intended to establish common minimum standards among European Union countries to protect whistleblowers.)
John W Gibson, Tim Harris, Barbara K Luse, and Charlotte Ritchie discuss the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“the 2019 Regulations”) that recently came into force in the UK. The 2019 Regulations extend anti-money laundering responsibilities to UK art market participants, including art dealers and other intermediaries, in response to the increasing recognition that high value art is used by criminals and terrorist groups to launder and hide money.
In his latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the events that ultimately led to the indictment, conviction, reinstatement, and presidential pardon of attorney I. Lewis "Scooter" Libby, Chief of Staff to former Vice President Dick Cheney.
In a recent article for Forbes, Muriel Goldberg-Darmon discusses the benefits of an entity’s or individual’s cooperation during an enforcement procedure before the Autorité des marchés financiers (AMF, the French financial market regulator).
In this C&G Client Alert, Melissa H Maxman, Ronald F Wick, Erica Lai, and Danielle Morello discuss the U.S. Department of Justice's (DOJ) announcement that it will now consider crediting companies for “robust” compliance programs at the charging stage of criminal antitrust investigations. This signals a reversal of the DOJ’s longstanding policy of allowing substantial penalty reductions only for “early-in” whistleblowers.
This C&G Client Alert examines the proposed Insider Trading Prohibition Act recently unanimously approved by the Financial Services Committee of the U.S. House of Representatives. If the bill becomes law, it would simplify an inherently complex legal area, but might also lead to regulators and prosecutors bringing more insider trading cases.
Miriam González Durántez and John W Gibson discuss the deal and no-deal implications for finance and sanctions following a “Brexit” in The Law Society Gazette.
John W Gibson and Miriam González Durántez discuss the parallels between the early enforcement of the Bribery Act 2010 and the UK Office of Financial Sanctions Implementation's first monetary penalty.
Jonathan S Abernethy, S Gale Dick, and Christian R Everdell authored an article examining the Department of Justice's (DOJ) new policy discouraging DOJ attorneys from "piling on" multiple penalties against companies for the same misconduct.
This article first appeared on the website of the Criminal Law Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.
Mark S Cohen explores the international regulatory landscape with respect to Israeli businesses in an article for the Israel Desks Guide published by Nishlis Legal Marketing.
Christian R Everdell continues his examination of SEC enforcement actions regarding initial coin offerings in an article published by the New York Law Journal, this time analyzing the SEC’s response to RECoin, PlexCoin, and Munchee.
C Evan Stewart examines the judicial development that affected the conflicting dictates between state law and the rules and regulations promulgated by the Securities and Exchange Commission after the Sarbanes-Oxley Act of 2002 went into effect.
Recently, legitimate businesses have begun to recognize the potential value of distributed ledger technology as a stand-alone technological innovation with numerous benefits, including, among other things, preventing money laundering. In this article, Christian R Everdell examines some of the potential applications of Blockchain technology to prevent crime.
The panel is titled “Rights of the Defendant: Pre-trial Detention and Other Issues.” It will discuss the legal requirements for detention pre-trial, alternatives to pre-trial detention, practical problems faced by lawyers representing defendants in custody, and conditions of confinement for detainees.
Muriel Goldberg-Darmon, Associée du cabinet Cohen & Gresser à Paris et leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un webinar à la suite de la publication par le CNB du guide « L’avocat Français et les enquêtes internes » au cours duquel Sophie Scemla, Avocat Associée chez Gide membre du groupe de travail du CNB, est intervenue sur le thème de la désignation de l’avocat et du secret professionnel.
Partner Muriel Goldberg-Darmon, the leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast at Cohen & Gresser’s Paris office relating to the publication of the Conseil national des barreaux’s (CNB) Guide “The French Lawyer and Internal Investigations,” during which Sophie Scemla, a partner at Gide and a member of the CNB working group, spoke about appointing a lawyer and legal privilege.
- Supply Chain Disruptions and Third Party Risks
- Increase in Government "Touch Points"
- Multilateral Development Banks and UN Investigations
- Strategies to Avoid Risk as M&A Activity Increases
- Multi-National Companies: Implications for Compliance Professionals
Muriel Goldberg-Darmon, Associée du cabinet Cohen & Gresser à Paris et leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un petit-déjeuner au cours duquel Sophie Schiller, Professeur de droit à l'Université Paris-Dauphine et membre de la Commission des sanctions de l'Autorité des Marchés Financiers "AMF" est intervenue sur le thème de la répression des abus de marché (pénal et AMF).
(Partner Muriel Goldberg-Darmon, leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast at Cohen & Gresser’s Paris office during which Sophie Schiller, a Member of the Enforcement Committee of the French Financial Market Authority and a Law Professor at Paris-Dauphine University, spoke about the enforcement of market abuse (by the Financial Market Authority as well as the Criminal Judge).)
Muriel Goldberg-Darmon, Associée du cabinet Cohen & Gresser à Paris et leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un petit-déjeuner au cours duquel Yousr Khalil & Caroline Fagard, de Forensic Risk Alliance, ont fait une présentation sur l’eDiscovery et Forensic Accounting dans les contentieux et investigations. Des avocates de cabinets français ou internationaux, reconnues pour leur compétence en la matière, ont participé à cet évènement.
(Partner Muriel Goldberg-Darmon, leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast at Cohen & Gresser’s Paris office during which Yousr Khalil & Caroline Fagard from Forensic Risk Alliance spoke about eDiscovery and forensic accounting in litigation and investigations. High-profile female lawyers from major French and international law firms joined the breakfast).
Muriel Goldberg-Darmon, Associée du cabinet Cohen & Gresser à Paris et co-leader du Chapitre Français du Women’s White Collar Defense Association (WWCDA), a organisé un petit-déjeuner au cours duquel Madame le Bâtonnier de Paris Marie-Aimée Peyron a fait une présentation sur le Legal Privilege. Des avocates de cabinets français ou internationaux, reconnues pour leur compétence en la matière, ont participé à cet évènement.
(Partner Muriel Goldberg-Darmon, co-leader of the French Chapter of the Women’s White Collar Defense Association (WWCDA), hosted a breakfast in Cohen & Gresser’s Paris office during which Paris Bar President (Bâtonnier) Marie-Aimée Peyron spoke about legal privilege. High profile female lawyers from major French or international law firms joined the breakfast).
Muriel Goldberg-Darmon a participé à la Table Ronde sur “Quelle coopération entre les mis en cause et l’AMF ?” organisée par la Commission des sanctions de l’AMF le 3 octobre 2018. La table ronde était modérée par : Jean Gaeremynck, président de section au Conseil d’Etat, membre de la Commission des sanctions de l’AMF. Les intervenants étaients : Jean-Luc Blachon, premier vice-procureur, Parquet national financier, Sophie Bresny, chef du service des investigations de l’Autorité de la concurrence Andrew Cotterell, Head of Law, Policy & International, FCA (Financial Conduct Authority), Muriel Goldberg-Darmon Associée du cabinet Cohen & Gresser, Benoît de Juvigny, secrétaire général de l’AMF.
(Partner Muriel Goldberg-Darmon spoke at the AMF Enforcement Committee’s annual symposium on October 3, 2018, as the only speaker from a private law firm. Muriel was a panelist for the second round table on “Cooperation between the respondents and the AMF during investigations or inspections and sanctions,” which was moderated by Jean Gaeremynck, State Councilor and member of the AMF Enforcement Committee. Muriel’s fellow panelists were: Jean-Luc Blachon, First Vice-Prosecutor at the Parquet National Financier; Sophie Bresny, Head of the Inspections Unit at the Autorité de la concurrence; Andrew Cotterell, Head of Law, Policy & International at the FCA (Financial Conduct Authority); and Benoît de Juvigny, Secretary General of the AMF).
- 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.
Melissa was a speaker at this event.