Cohen & Gresser LLP

800 Third Avenue
New York, New York 10022, United States

  • 212 957 7600
  • 212 957 4514

FCPA Jurisdiction: The Courts Weigh In

Introduction - The jurisdictional reach of the Foreign Corrupt Practices Act (‘‘FCPA’’) is famously long. U.S. regulators have claimed that the statute applies to U.S. and foreign corporations; U.S. nationals anywhere in…more

Bribery, Compliance, DOJ, FCPA, Foreign Corporations

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Encryption is Key to Limiting Company Exposure for Data Security Breaches

Companies doing business in California may find themselves targeted for investigation if they fail to encrypt personal information, according to a recent report issued by the California Attorney General’s office…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Employer Liability Issues

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Apple Found Liable of Conspiracy to Fix Prices in E-books Case

On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon…more

Apple, Conspiracies, e-Books, Price-Fixing, Publishers

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Encryption is Key to Limiting Company Exposure for Data Security Breaches

Companies doing business in California may find themselves targeted for investigation if they fail to encrypt personal information, according to a recent report issued by the California Attorney General’s office…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Employer Liability Issues

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Private Equity Valuations: Standards and Recent Developments

Originally published in the American Bar Association's Commercial & Business Litigation: Summer 2012, Vol. 13 No. 4 – Delaware Corporations & Private Equity - August 16, 2012. It has been widely reported that in late…more

Private Equity, Private Equity Funds, SEC, Valuation

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FCPA Jurisdiction: The Courts Weigh In

Introduction - The jurisdictional reach of the Foreign Corrupt Practices Act (‘‘FCPA’’) is famously long. U.S. regulators have claimed that the statute applies to U.S. and foreign corporations; U.S. nationals anywhere in…more

Bribery, Compliance, DOJ, FCPA, Foreign Corporations

See All Updates »

Fashion Week in the Second Circuit: A Win-Win for Louboutin and YSL

Both Christian Louboutin and Yves Saint Laurent have claimed victory in the Second Circuit's much anticipated decision in Christian Louboutin SA v. Yves Saint Laurent America Holding Inc., decided on September 5, 2012. And in…more

Christian Louboutin, Trademarks

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The SEC Provides Significant Relief from Registration Requirements for M&A Brokers

On January 31, 2014, the Securities and Exchange Commission (SEC) issued an important no-action letter in which the staff of the SEC’s Division of Trading and Markets declared that it would not recommend enforcement action…more

Broker-Dealer, FINRA, Registration, SEC, Securities Exchange Act

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The Fraud-Tainted Cloning Patent: Scandalous in Theory, a Storm in a Teacup in Reality

You may have heard that the United States Patent Office (USPTO) has recently issued a patent on cloning human stem cells to Korean researcher Hwang Woo-Suk. About a decade ago, Dr. Hwang claimed to have cloned the world’s…more

DNA, Embezzlement, Genetic Materials, Patent Litigation, Patents

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Private Equity Valuations: Standards and Recent Developments

Originally published in the American Bar Association's Commercial & Business Litigation: Summer 2012, Vol. 13 No. 4 – Delaware Corporations & Private Equity - August 16, 2012. It has been widely reported that in late…more

Private Equity, Private Equity Funds, SEC, Valuation

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USPTO Soliciting Comments on Software Patent Issues

The United States Patent and Trademark Office announced its intent earlier this month to form a “Software Partnership” with the software community in order to enhance the quality of software-related patents (the “Notice”) and,…more

Patents, Software, USPTO

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Forum Selection Bylaws Gain Ground

As we previously discussed (Should Your Board Adopt an Exclusive Forum Bylaw?, July 2013; The Future of Exclusive Forum Bylaws, November 2013), forum selection bylaws (also sometimes called exclusive forum bylaws) have become…more

Bylaws, Corporate Governance, Delaware General Corporation Law, Forum Selection Clause, Jurisdiction

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Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and…more

Arbitration Agreements, AT&T Mobility, AT&T Mobility v Concepcion, Car Dealerships, Class Action Arbitration Waivers

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Proposed Changes in Public Company Auditing Standards

On December 11, 2013, the public comment period will close on two new auditing standards proposed by the Public Company Accounting Oversight Board (PCAOB) to improve the informational value of the auditor’s report. These…more

Audits, Compliance, PCAOB, Reporting Requirements, SEC

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Anachronism Revealed: FINRA Rules Trump Italian Colors to Give Registered Members Their Day in Court

It is rare these days for a court to deny a motion to compel arbitration. It is especially surprising to find such a decision where the parties are subject to an arbitration agreement. Using the fundamental principle…more

American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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The SEC Provides Significant Relief from Registration Requirements for M&A Brokers

On January 31, 2014, the Securities and Exchange Commission (SEC) issued an important no-action letter in which the staff of the SEC’s Division of Trading and Markets declared that it would not recommend enforcement action…more

Broker-Dealer, FINRA, Registration, SEC, Securities Exchange Act

See All Updates »

Forum Selection Bylaws Gain Ground

As we previously discussed (Should Your Board Adopt an Exclusive Forum Bylaw?, July 2013; The Future of Exclusive Forum Bylaws, November 2013), forum selection bylaws (also sometimes called exclusive forum bylaws) have become…more

Bylaws, Corporate Governance, Delaware General Corporation Law, Forum Selection Clause, Jurisdiction

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Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,…more

Credibility, Expert Witness, Failure To Warn, FDA, In re: Fosamax Products Liability Litigation

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FCPA Jurisdiction: The Courts Weigh In

Introduction - The jurisdictional reach of the Foreign Corrupt Practices Act (‘‘FCPA’’) is famously long. U.S. regulators have claimed that the statute applies to U.S. and foreign corporations; U.S. nationals anywhere in…more

Bribery, Compliance, DOJ, FCPA, Foreign Corporations

See All Updates »

Forum Selection Bylaws Gain Ground

As we previously discussed (Should Your Board Adopt an Exclusive Forum Bylaw?, July 2013; The Future of Exclusive Forum Bylaws, November 2013), forum selection bylaws (also sometimes called exclusive forum bylaws) have become…more

Bylaws, Corporate Governance, Delaware General Corporation Law, Forum Selection Clause, Jurisdiction

See All Updates »

Apple Found Liable of Conspiracy to Fix Prices in E-books Case

On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon…more

Apple, Conspiracies, e-Books, Price-Fixing, Publishers

See All Updates »

Second Circuit Decision Finds Transformative Use Does Not Require Comment

On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original artist…more

Copyright, Fair Use, Photographs, Transformativeness

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Criminal Law
  • Energy & Utilities
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Securities Law
See more
Locations
Other U.S. Locations
  • New York
Other Countries
  • South Korea
Number of Attorneys

50-100 Attorneys

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