Philip H. Cohen

Philip H. Cohen

Shareholder

Philip H. Cohen is a shareholder in the Litigation Practice in the firm's New York office and is Chairman of the firm's national eDiscovery & eRetention Practice.

Concentrations

  • Litigation
  • eDiscovery and eRetention
  • Commercial litigation
  • Court-Appointed Mediator
  • Court-Appointed Receiver
  • Regulatory investigations
  • Antitrust

Capabilities

Experience

  • Advised numerous corporations regarding eDiscovery protocols, eDiscovery planning, and motion practice concerning eDiscovery disputes.
  • Advised numerous corporations regarding discovery issues concerning the law of privilege including litigating challenges to privilege claims.
  • Advised numerous corporations regarding the review, analysis and appropriate assertion of privilege claims for document collection, review and production.
  • Advised numerous corporations regarding records retention matters.
  • Representation of high school providing ongoing e-Discovery counseling in a case involving alleged events that occurred as long as 40 years ago, presenting unique challenges with respect to collection, preservation, and production of potentially responsive information.
  • Christopher Rapcinsky v. Skinnygirl Cocktails, LLC. et al, No. 11 CV 6546(JPO), 2013 WL 93636 (S.D.N.Y. Jan. 9, 2013): Consumer fraud action concerning the "Skinnygirl Margarita" in which plaintiff alleged, on behalf of a putative class of millions of consumers, that the product was purchased under false pretenses as "All-natural" and containing "100% Blue Agave tequila," stating claims under New York’s consumer fraud statute, and New York’s Agricultural and Markets Law, as well as claims for breach of express warranty and promissory estoppel. Plaintiff claimed damages of $10 million on behalf of the putative class and sought certification of a class of Massachusetts and New York consumers. Judge J. Paul Oetken denied plaintiff’s motion to certify class in favor of client Skinnygirl Cocktails LLC. Judge Oetken’s decision focused on plaintiff’s failure to satisfy the typicality requirement, which Judge Oetken described as necessary "to prevent a false prophet from bearing the standard for an entire class of claims." Judge Oetken also agreed with Skinnygirl Cocktails that plaintiff was not a "typical" class representative for the common law claims because those claims require a showing of reliance, and there were serious questions as to whether plaintiff relied on any alleged false representations. Judge Oetken also noted substantial concern as to whether the plaintiff could meet his burden of proving causation.
  • Representation of leading provider of third-party maintenance and support for enterprise software systems, concerning defense of copyright litigation.
  • Settlement Funding, LLC v. AXA Equitable Life Ins. Co., No. 09 CV 8685(HB), 2011 WL 1097635 (S.D.N.Y. Mar. 21, 2011): After a federal jury trial, obtained a $5 million jury verdict for client Settlement Funding, with the jury finding that an incontestability clause barred AXA Equitable Life Insurance Company from challenging the validity of a life insurance policy and further finding AXA Equitable liable for negligent misrepresentations made to Settlement Funding.
  • As the court-appointed receiver for Transit Systems, Ltd., a corporation in dissolution, oversaw the dissolution of a taxi medallion management corporation, conducting evidentiary hearings and mediating numerous disputes during five-year appointment including, ultimately facilitating the parties’ settlement, with prejudice, of three pending actions in New York Supreme Court, Queens County: Fred Weingarten and the Estate of Jacob Popovic v. Victor Weingarten, Index No. 5931/2011; Victor Weingarten v. Thirty-First Street Realty Corporation, Index No. 12584/2007; and Application of Fred Weingarten and Jacob Popovic for the Dissolution of Transit Systems, Ltd., Index No. 2437/2004.
  • Served as court-appointed receiver for properties in foreclosure.
 
  • As court-appointed mediator in People of the State of New York v. Direct Revenue, LLC, et al., No. 401325/06, Supreme Court of New York, Commercial Division presided over mediation sessions between the New York Attorney General’s Office and Internet advertising executives and corporation accused of violating Executive Law §63(12), General Business Law §§349-350 and Penal Law §156.20.
  • As court-appointed mediator in R. Stewart Honeyman, Jr. v. John Stine et al, No. 601241/06, Supreme Court of New York, Commercial Division presided over the parties’ mediation sessions in an $11 million real estate dispute involving the Estate of Robert S. Honeyman, and facilitated the final settlement of the action with prejudice.
  • Intern, Hon. Stewart G. Pollock, Supreme Court of New Jersey, January 1988-May 1988
  • Intern, Hon. Harold A. Ackerman, U.S. District Court of New Jersey, September 1987-January 1988

Recognition & Leadership

  • Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2014-2018
  • Recipient, New York City Family Court Volunteer Pro Bono Service Award, 2012-2016
  • Recipient, Corporate Leadership Award, Women’s Housing and Economic Development Corporation, 2013
  • Commissioner, Hoboken Zoning Board of Adjustment, 2009-2012; 2014-2017
  • Member, New York State Bar Association, Committee on Electronic Discovery, 2014-Present
  • Member, New York State Bar Association, Commercial and Federal Litigation Section, Social Media Committee, 2013-Present
  • Chair, Hoboken Democratic Party, 2018-Present 
  • Board Member, United Synagogue of Hoboken, Board of Trustees, 2009-Present
  • Board Member, Liberty Humane Society, 2016-2017
  • Board Member, Legal Information for Families Today (LIFT), 2016-Present
  • Alternate Commissioner, Hoboken Planning Board, 2013
  • Chairman, Board of Trustees, Stevens Cooperative School, Hoboken, NJ, 2003-2005
  • Adjunct Professor, Rutgers University School of Law - Newark, 1999-2002
 

Credentials

Education
  • J.D., Rutgers School of Law - Newark, 1989
  • B.A., History, magna cum laude, Tufts University, 1986
Admissions
  • New York
  • New Jersey
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York