Cohen & Gresser LLP

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800 Third Avenue
New York, New York 10022, United States
Phone: 212 957 7600
Fax: 212 957 4514
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
  • Privacy
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
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Locations
Other U.S. Locations
  • D.C.
  • New York
Other Countries
  • France
Number of Attorneys
50-100 Attorneys

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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EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to the…more

Department of Transportation (DOT), EU, EU-US Privacy Shield, European Commission, FTC

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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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EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to the…more

Department of Transportation (DOT), EU, EU-US Privacy Shield, European Commission, FTC

See all updates »

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 »

Macron Decrees: Update on the Upcoming Labor Law Reform

Announced by Emmanuel Macron during his electoral campaign, the bill authorising the government to pass laws by ordonnance (decree), i.e. without a parliamentary debate, in order to improve social dialogue - adopted by the…more

Collective Bargaining, Employment Contract, France, Hiring & Firing, International Labor Laws

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Wrangling the Wild West: SEC Steps in to Regulate Initial Coin Offerings

First, it was digital currencies like bitcoin. Then, it was distributed ledger technologies like blockchain. Now, another potentially groundbreaking innovation from this same community of technologists has vaulted to the…more

Blockchain, Capital Raising, Digital Currency, Distributed Ledger Technology (DLT), Enforcement Actions

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Macron Decrees: Update on the Upcoming Labor Law Reform

Announced by Emmanuel Macron during his electoral campaign, the bill authorising the government to pass laws by ordonnance (decree), i.e. without a parliamentary debate, in order to improve social dialogue - adopted by the…more

Collective Bargaining, Employment Contract, France, Hiring & Firing, International Labor Laws

See all updates »

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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Macron Decrees: Update on the Upcoming Labor Law Reform

Announced by Emmanuel Macron during his electoral campaign, the bill authorising the government to pass laws by ordonnance (decree), i.e. without a parliamentary debate, in order to improve social dialogue - adopted by the…more

Collective Bargaining, Employment Contract, France, Hiring & Firing, International Labor Laws

See all updates »

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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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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Reduction of the Minimum Number of Shareholders in French Privately Held Stock Corporations

Effective September 12, 2015, the minimum number of shareholders in a French stock corporation (société anonyme or SA) has been reduced from seven to two. This modification is only applicable to privately held SAs, publicly…more

France, Privately Held Corporations, Shareholders, Stock Corporations

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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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We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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The Tax Cuts and Jobs Act Meets Public Company Reporting

Accounting for income taxes can be complex and is seldom exciting. Suspense was added, however, by the passage of the Tax Cuts and Jobs Act shortly before year end 2017. Would public companies have enough time to analyze the…more

Business Taxes, Corporate Taxes, Disclosure Requirements, Financial Statements, Form 8-K

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We Have an Arbitration Agreement. Now What?

The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action waivers in otherwise valid…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in prison…more

Aiding and Abetting, Article III, Contraceptives, Due Process, First Amendment

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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, Jurisdiction

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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

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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