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Charles W. Cohen

Partner, Co-Chair, eDiscovery Practice Group

Charles W. Cohen is a member of the Firm’s Litigation Department and Co-Chair of the Firm’s eDiscovery Practice Group.  His practice focuses on:  (1) complex, multi-jurisdictional domestic and international litigation, and (2) counseling clients regarding electronic discovery and information management.

His litigation practice includes a wide variety of matters including:  securities, shareholder’s derivative and ERISA matters involving pharmaceutical companies; products liability, consumer class action, and commercial litigation; and international litigation with experience litigating in countries on five continents.  He also represents clients in investigations by the U.S. Congress, Department of Justice, State Attorneys General and regulatory bodies.  Chambers USA, The International Who's Who of Product Liability Defence Lawyers and a number of other publications have consistently recognized Mr. Cohen.

His electronic discovery and information management practice includes assisting companies throughout the document lifecycle and in litigation situations.  He brings his litigator’s perspective to electronic discovery issues, always considering the issues in light of the client’s overall strategy and the approach that will lead to the best result at trial.

Mr. Cohen is a co-chair of the Firm’s Technology Committee and served a term on the Firm’s Executive Committee.  He has chaired the New Jersey Defense Association Products Liability Committee, and has published and lectured on a variety of topics including products liability, coordination of multi-jurisdictional litigation, and attorney-client privilege.

Areas of Concentration

  • Litigation, including products liability and general commercial litigation with experience in state and federal courts, arbitrations and Congressional and Department of Justice investigations.
  • Electronic discovery and information management in litigation and non-litigation settings.

Professional Activities

  • Member, and Past Chair (2010-2012), New Jersey Defense Association Products Liability Committee
  • Member, Defense Research Institute (DRI) E-Discovery Committee

Recognition

  • Ranked by Chambers USA as one of the top Products Liability lawyers in the United States
  • Recognized by the Legal 500 USA as one of the top product liability and mass tort defense lawyers (pharmaceuticals and medical devices)
  • Ranked by Euromoney's Guide as one of The World's Leading Product Liability Lawyers
  • Recognized and listed in The International Who's Who of Product Liability Defence Lawyers, Who’s Who Legal: Life Sciences and The International Who's Who of Business Lawyers
  • Identified as a top-ranked lawyer in Super Lawyers magazine in the areas of Class Action/Mass Tort

Court Admissions

  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States District Court for the District of New Jersey
  • United States District Court for the Eastern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Middle District of Florida

Practice Groups and Other Information

Education Information

  • Brooklyn College, B.A., 1992, magna cum laude, Phi Beta Kappa
  • Georgetown University Law Center, J.D., 1995, cum laude

Bar Admissions

  • New York, 1996
  • District of Columbia, 1997
  • New Jersey, 2004
  • Florida, 2012

Highlighted Matters

Selected Decisions

  • In re: Vioxx Litigation, 395 N.J.Super. 358, 928 A.2d 935 (App. Div. 2007) (affirming dismissal for forum non conveniens of cases brought against client by residents of England and Wales).
  • Hemingway v. New York City Health and Hospitals Corp. and New York Blood Center, Inc., 13 A.D.3d 484, 787 N.Y.S.2d 86 (App. Div., 2nd Dep’t. 2004) (affirming summary judgment in favor of client).

Selected Matters

  • Representation of a major pharmaceutical company in one of the largest and most complex pharmaceutical litigations, which involved litigation such as securities, shareholder’s derivative, ERISA, personal injury, as well as multiple class actions and government investigations.
  • Representation of numerous pharmaceutical and tobacco companies facing a large number of personal injury claims.
  • Defense of a major blood center in numerous cases involving alleged virus-contaminated blood transfusions as well as patent licensing disputes.
  • Representation of a major medical device manufacturer in patent-antitrust cases.
  • Representation of a major insurance company in insurance coverage matters involving silicone-gel breast implants and tobacco.

Highlighted Publications

Publications

  • “The New Constants – Death, Taxes and…Social Media?”, Bloomberg BNA, April 2013 (co-author)
  • Winning Prescription Medicine Personal Injury Cases on Motion, New Jersey Defense, Fall 2011 (co-author)
  • Zubulake Revisited: Six Years Later, Law 360, January 15, 2010 (http://securities.law360.com/articles/143679) (co-author)
  • Products Liability 2008: A Year in Review (American Bar Association Section of Litigation web publication, http://www.abanet.org/litigation/committees/products/home.html)
    (co-author)
  • Intellectual Property Misuse: Licensing and Litigation (American Bar Association Section of Antitrust Law 2000) (co-author and member of Editing Committee)
  • Intellectual Property Law Annual 1997, 1998, 1999, 2000, and 2001 (New York Intellectual Property Law Association) (co-author of “Antitrust and Misuse Law” chapter)

Lectures

      Litigation Strategy and Management
  • “Collective Redress Across Borders – How Consumers Are Flexing Their Multijurisdictional Muscle,” International Bar Association Annual Conference, Tokyo, Japan, October 20, 2014
  • “A Focus on Class Actions and MDL: Coordination and Other Winning Strategies for Resolution in Multiple Jurisdictions,” American Conference Institute “Mass Tort Products Liability Claims” Program, New York, New York, September 30, 2010
  • "Management of Complex Litigation," International Bar Association Conference, Washington, D.C., April 15, 2010
  • “Mass Torts:  The Defense Perspective,” New York State Trial Lawyers Institute CLE Seminar, “How to Find, Understand, and Litigate Mass Torts,” New York, New York, May 7, 2009
  • “Products Liability 2008:  A Year In Review,” American Bar Association, Joint Meeting of the Products Liability, Mass Tort, and Environmental Law Committees, Vail, Colorado, January, 2009
  • “The Ups and Downs of Removal and Remand,” Mealey’s Litigation and Trial Strategies SuperConference, Miami, Florida, October, 2008
  • “Managing Multiple Litigations and Class Actions,” New Jersey Corporate Counsel Association/New Jersey Defense Association, Somerset, New Jersey, October, 2007
      Technology and Electronic Discovery
  • “Social Media Ethics and the Courts,” 9th Judicial District Judges Program, White Plains, New York, March 19 and 27, 2014
  • "Preserve, Prepare and Protect: Responding to the Corporate Witness Subpoena," Association of Corporate Counsel, Mid-America Chapter program, Kansas City, Missouri, November 13, 2013
  • "Death, Taxes and…Social Media?  How Companies Can Adapt to the Social Media Age," Bloomberg BNA webinar, October 10, 2013 (available at http://www.bna.com/death-taxes--w17179875858/)
  • "Electronic Discovery," New York County Lawyers’ Association seminar, “Winning Cases in Federal Court,” New York, New York, June 27, 2013
  • “Managing E-Discovery:  From Complaint to Production,” Defense Research Institute Product Liability Conference, National Harbor, Maryland, April 5, 2013
  • “Cross-Border Discovery: Navigating the Legal, Technical and Cultural Maze,” Women in eDiscovery Presentation, New York, New York, October 18, 2012
  • “Avoiding the Bermuda Triangle: Effective and Efficient Collaboration Among In-House Counsel, Outside Counsel, and Vendors,” Carmel Valley eDiscovery Retreat, Monterey, California, July 25, 2012
  • “Electronic Discovery,” New York County Lawyers’ Association seminar, “Winning Cases in Federal Court,˝ New York, New York, June 28, 2012
  • “Privilege in the Electronic Age,” New Jersey Corporate Counsel Association/New Jersey Defense Association, Woodbridge, New Jersey, March, 2012
  • “Cross-Border Discovery: Asia, Europe and More,” Webinar, June 30, 2011 (available at http://www.catalystsecure.com/past-events/567-cross-border-discovery-asia-europe-and-more.html)
  • “Electronic Discovery,” New York County Lawyers’ Association seminar, “Winning Cases in Federal Court,˝ New York, New York, June 14, 2011
  • “The Expanding Role of Search in E-Discovery,” Webinar, May 23, 2011 (available at http://www.catalystsecure.com/past-events/535-the-expanding-role-of-search-in-e-discovery.html)
  • “Data Protection,” International Bar Association Conference, Krakow, Poland, May 20, 2011
  • “Watson, The NY Times Doomsday Article and the Legal Profession,” ESIBytes Podcast, April 1, 2011 (available at www.esibytes.com/?p=1829)
  • “What Lawyers Need to Know About Search,” Catalyst Secure’s “The Expanding Role of Search in E-Discovery” Seminar, New York, New York, March 2, 2011
  • “Legacy Data Issues and E-Discovery Pain,” ESIBytes Podcast, January 18, 2011 (available at www.esibytes.com/?p=1601)
  • "Electronic Discovery," New York County Lawyers’ Association seminar, “Winning Cases in Federal Court,” New York, New York, July 7, 2010
  • “e-Discovery Case Law Update - Winter/Spring 2010,” Fios Inc. Webcast, March 24, 2010
  • “Privilege in the Electronic Age,” New Jersey Corporate Counsel Association/New Jersey Defense Association, Woodbridge, New Jersey, March, 2010
  • “Multilingual Madness:  Globalization is Colliding with the Complexity of E-Discovery, ” Legal Tech, New York, New York, February 3, 2009
  • “We’re All in This Together:  Coordination with Your Outside Counsel Is Essential to Successful E-Discovery,” Corporate Counsel Seminar “Mastering the Discovery Process for the General Counsel,” New York, New York, November, 2008
  • “Data Overload:  Effectively Dealing with Information Preservation and Discovery,” Mealey’s Litigation and Trial Strategies SuperConference, Miami, Florida, October, 2008
  • “Qualcomm v. Broadcom:  What Lessons Have We Learned?,” Association of Litigation Support Professionals, Webinar, May, 2008
  • “Discovery of Foreign Language Documents,” Catalyst Secure Seminar, New York, New York, December, 2007
  • “Use of Technology at Trial,” Atlantic City Inns of Court, Atlantic City, New Jersey, March, 2007
  • “Electronic Discovery,” New Jersey Corporate Counsel Association/New Jersey Defense Association, Woodbridge, New Jersey, October, 2005
October 10, 2013Death, Taxes and . . . Social Media? How Companies Can Adapt to the Social Media Age
Webinar
April 3-5, 2013DRI Product Liability Conference “Make Your Products Practice Bloom”
Speaking Engagement
National Harbor, Maryland

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