Michelle Cohen is a partner in the firm's litigation department, where she represents clients in all aspects of litigation in federal and state courts. Her primary area of practice involves the defense of consumer class actions, including false advertising claims. She also advises clients in privacy and data security matters, internal investigations and in responding to inquiries and subpoenas from government agencies. Ms. Cohen is experienced in leveraging technology to reduce discovery costs, through managing the preservation, collection, processing, and review of large volumes of electronic data. She is also a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals.
Ms. Cohen has been named a Rising Star by the New York Law Journal. Rising Star recognition is awarded to attorneys who have “an established a record of accomplishments and demonstrated that they are top contributors to the practice of law and their communities.”
Ms. Cohen graduated from the University of Wisconsin-Madison and received her JD from the Benjamin N. Cardozo School of Law, where she was elected to the Order of the Coif. Before joining the firm, Ms. Cohen served as Law Clerk to the Hon. Louis L. Stanton, U.S. District Court for the Southern District of New York.
Technology and Media
Represented leading financial and business information provider in connection with allegations of corporate espionage, theft of trade secrets, false advertising and alleged violations of the federal antitrust laws as well as other state and federal laws.
Represented international electronics and wireless company defending against allegations of trade secret theft.
Advised leading financial and business information provider on privacy and data protection issues in connection with a third-party services agreement.
Represented a technology-focused non-profit organization in connection with the FTC’s suit against a major software company, successfully negotiating with the government not to include our client as a witness in the matter.
Represented leading financial and business information provider in connection with insider trading and Martin Act investigation by the U.S. Department of Justice and the N.Y. Attorney General’s Office.
Representing a bottled organic tea company in a putative consumer class action filed on behalf of nationwide purchasers alleging the company’s best-selling product contains fewer antioxidants than declared on their labels.
Representing the world’s leading beverage company in a multidistrict litigation consisting of eight putative consumer class actions. In each action, the plaintiffs allege that our client’s product is misbranded in violation of FDA regulations and state law.
Representing a leading vitamin and nutritional supplement manufacturer in a putative consumer class action in which plaintiffs dispute the labeling on one of our client’s vitamin supplements.
Represented a leading chocolate and confections company in a putative consumer class action challenging various statements on labels for gum, mints, and chocolate products.
Represented a leading chocolate and confections company in a trademark and trade dress dispute with a competitor.
Represented a skincare company in threatened consumer class action challenging various advertising claims.
Represented a leading chocolate and confections company in a putative consumer class action alleging product packaging violations under various states’ slack-fill statutes.
Representing European bank in connection with an industry-wide investigation into alleged manipulation of the precious metals market.
Advised private investment firm on privacy and data protection issues in connection with a third-party services agreement.
Advised global investment firm on its internal cybersecurity policy and incident response plan.
Represented major pharmaceutical company in responding to FTC inquiry into potential false and deceptive advertising.
Represented major pharmaceutical company defending against allegations of false patent marking.
MEMBERSHIPS: New York State Bar Association; The Association of the Bar of the City of New York
Practices & Industries
Craig A. Newman is a recognized leader in both complex financial litigation and global cybersecurity. As a seasoned litigation partner and former General Counsel at both a multi-billion dollar international private equity firm and a Fortune 500-owned media consortium, Craig is steeped in key issues currently facing global organizations and often fills the role of senior outside advisor to his clients. He also chairs Patterson Belknap’s Privacy and Data Security Practice, is a founding contributor to the firm’s blog, www.DataSecurityLaw.com, and was recognized by The National Law Journal as one of 2015’s "Cybersecurity & Data Privacy Trailblazers."
Craig’s practice focuses on litigation involving sophisticated financial products, including swaps and derivatives, special litigation committee and board investigations, advising boards and organizations on cybersecurity, including data breach preparedness and cyber insurance assessment, and representing public, private, and non-profit institutions victimized by data breaches. He also handles litigation in a range of venues involving high-stakes claims of securities and accounting fraud, shareholder derivative litigation, M&A litigation, commercial disputes, and SEC, HUD and FTC investigations and enforcement matters. His clients include Fortune 500 companies and their boards and leadership teams, financial institutions, hedge and private equity funds, international investment firms, media and technology companies, manufacturers, healthcare providers, non-profit institutions, insurance companies, and private investors.
Maintaining his roots in journalism, where he began his career at age sixteen as a stringer for the Associated Press and later earned a Pulitzer Prize nomination, Craig appears regularly on national television including CNBC, CNN, and Bloomberg TV, discussing issues that range from litigation and corporate governance to the latest developments in cybersecurity. He has also written for The New York Times, The Washington Post, The Wall Street Journal, and Financial Times. Craig’s deep media background is another asset in his representation of major companies as he is always sensitive to the “headline risk” in high profile matters.
Craig is a sought-after speaker for industry and professional conferences, including the Tulane Corporate Law Institute M&A Conference and those sponsored by the U.S. Department of Homeland Security.
His recent work includes:
Board Representation and Investigations
Named among The National Law Journal's 2015 “Cybersecurity & Data Privacy Trailblazers;" Burton Award winner for Distinguished Legal Writing; Member, Cronkite School of Journalism and Mass Communication Hall of Fame; Bernard Kilgore Fellowship awarded by The Society of Professional Journalists/Sigma Delta Chi and The George Washington University; Nathan Burkham Copyright Award, the American Society of Composers, Authors and Publishers Intellectual Property Award
Practices & Industries
Fred Warder is a general litigator and Chair of the firm's Law Firm Defense Group. Fred’s practice covers the broad spectrum of general commercial litigation, and has focused on defending law firms and lawyers against malpractice and related claims and on prosecuting and defending intellectual property and consumer fraud disputes. In the law firm defense arena, he has represented clients ranging from international firms to solo practitioners accused of malpractice, breach of fiduciary duty, fraud, disciplinary violations and related claims. In the intellectual property arena, Fred has prosecuted and defended false advertising, trademark and consumer fraud claims between competitors and in class actions for a wide variety of products and services. He appears frequently in federal and state courts on behalf of clients, has served as a mediator in partnership disputes, and speaks frequently at bar association, CLE and industry events. Fred serves as the firm’s co-General Counsel.
Law Firm Defense
False Advertising & Consumer Fraud
HONORS: Thurgood Marshall Award (2008); Recognized in The Best Lawyers in America® for Commercial Litigation and Super Lawyers for Professional Liability Defense; Listed in Managing Intellectual Propertymagazine’s “IP Stars” for New York
RECENT SPEAKING ENGAGEMENTS: Speaker, “Effective Impeachment and Rehabilitation in the High-Stakes Legal Malpractice Case,” American Bar Association National Legal Malpractice Conference (April 28, 2016); “Client Files: The Rules of Professional Conduct and Beyond,” New York City Bar Association (February 2, 2016)
Practices & Industries
Thomas Brown is a Managing Director and Global Leader of Berkeley Research Group’s Cyber Security and Investigations practice. Mr. Brown specializes in helping clients manage cyber risk, respond to cyber incidents, remediate vulnerabilities, and address post-incident regulatory inquiries and litigation.
From 2002 to 2014, Mr. Brown served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of New York, where he supervised the Complex Frauds and Cyber Crime Unit.
As a federal prosecutor, Mr. Brown led a broad range of complex, cross-border cyber investigations and prosecutions, among them a number of landmark cases. They include Silk Road, a $1.2 billion underground drug website; the prolific “hacktivist” groups Anonymous and LulzSec; the hack of NASDAQ; Liberty Reserve, an online digital currency used to launder more than $6 billion in criminal proceeds; the hack of Citibank; Rove Digital, a massive botnet that infected more than 4 million computers; and Samarth Agrawal, who was convicted after trial of stealing high-frequency trading code from Société Générale. Mr. Brown has particular experience with virtual currencies, such as WebMoney and Bitcoin, and cyber national security matters.
Mr. Brown also led significant investigations and prosecutions of a wide variety of white collar offenses, including economic espionage and theft of trade secrets, money laundering, FCPA violations, securities fraud, bankruptcy fraud, identity theft, criminal copyright theft, and tax fraud, among other violations. In 2010, Mr. Brown developed an innovative strategy to combat online copyright piracy, pioneering an international intellectual property rights enforcement program by the U.S. Department of Homeland Security that continues to this day.
In addition to conducting 10 jury trials and arguing a number of appeals before the U.S. Court of Appeals for the Second Circuit, Mr. Brown also won favorable judicial opinions with national impact on cyber-related issues, including an electronic surveillance matter and a case of first impression concerning the compelled production of data stored overseas by Internet service providers.
Mr. Brown is a recipient of the FBI Director’s Award for Outstanding Cyber Investigation and was named “Prosecutor of the Year” by the Federal Law Enforcement Foundation in 2011.
Mr. Brown frequently lectures on cyber security issues to legal, business and law enforcement groups.
Mr. Brown is a graduate of Carleton College and received his J.D. from the University of Minnesota Law School. He is a member of the New York Bar.