Dennis O. Cohen

Partner

New York
T 212.589.4288  |  F 212.589.4201

Dennis Cohen is a dispute counsel and trial lawyer who practices complex commercial litigation and white collar investigations. Dennis crafts creative strategies to achieve his clients’ goals from inception through resolution, including trial where necessary. He resolves disputes by incorporating a global view of his clients, their industries, their adversaries, and the law.

Select Experience

  • In a bet-the-company technology litigation, serves as U.S. lead counsel representing foreign software company against multibillion-dollar software giant in federal court. Multi-jurisdictional litigation involves critical issues of technology law, including accusations of copyright infringement and breach of licensing contracts, and issues regarding propriety of benchmarking and reverse engineering. Ongoing case has influenced which parts of software are copyrightable under U.S. law, and which portions of technology licenses are enforceable under UK and EU law.
  • Investigated and recovered $230 million of fraudulent transfers for court-appointed receiver. Hedge fund transferred money belonging to receivership to another hedge fund to avoid discovery of a Ponzi scheme and in furtherance of that scheme. Team sued recipient hedge fund to reclaim lost monies. Case was settled and receivership received bulk of funds which it was owed.
  • Persuaded the trial court to dismiss all material causes of action in litigation where commercial landlord was sued by tenant for millions of dollars for allegedly causing delays in opening of luxury retail business. Secured success on appeal. After several years of motion practice and discovery and careful examination of the facts, team developed incontrovertible evidence that contractor failure and tenant’s own mismanagement had caused the delays, absolving landlord of liability.
  • A member of the BakerHostetler team serving as Counsel to the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, Dennis’ experience includes investigating accounting-related matters as well as litigating the SIPA Trustee’s subsequent transferee cases. Investigations on behalf of the SIPA Trustee have involved collaboration with the United States Attorney’s Office, the FBI and the SEC, particularly handling initial document management and the winding down of the largest Ponzi scheme.
More »

Experience

  • In a bet-the-company technology litigation, serves as U.S. lead counsel representing foreign software company against multibillion-dollar software giant in federal court. Multi-jurisdictional litigation involves critical issues of technology law, including accusations of copyright infringement and breach of licensing contracts, and issues regarding propriety of benchmarking and reverse engineering. Ongoing case has influenced which parts of software are copyrightable under U.S. law, and which portions of technology licenses are enforceable under UK and EU law.
  • Investigated and recovered $230 million of fraudulent transfers for court-appointed receiver. Hedge fund transferred money belonging to receivership to another hedge fund to avoid discovery of a Ponzi scheme and in furtherance of that scheme. Team sued recipient hedge fund to reclaim lost monies. Case was settled and receivership received bulk of funds which it was owed.
  • Persuaded the trial court to dismiss all material causes of action in litigation where commercial landlord was sued by tenant for millions of dollars for allegedly causing delays in opening of luxury retail business. Secured success on appeal. After several years of motion practice and discovery and careful examination of the facts, team developed incontrovertible evidence that contractor failure and tenant’s own mismanagement had caused the delays, absolving landlord of liability.
  • A member of the BakerHostetler team serving as Counsel to the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, Dennis’ experience includes investigating accounting-related matters as well as litigating the SIPA Trustee’s subsequent transferee cases. Investigations on behalf of the SIPA Trustee have involved collaboration with the United States Attorney’s Office, the FBI and the SEC, particularly handling initial document management and the winding down of the largest Ponzi scheme.
  • Drafted brief that obtained dismissal by forum non conveniens in state court for out-of-state manufacturer against competitor.
  • Represented financier in litigation to recover $1.5 million on a note. Negotiated settlement that granted client all of the money that was owed to him, including interest, despite attempts from defendant to delay judgment and prove that money was unrecoverable.
  • Assisted in obtaining full dismissal of multi-count felony indictment against president of one of New York City’s largest HVAC contractors. Team used its knowledge of the New York construction industry to persuade prosecutors that client was not the proper target of wide-ranging criminal investigation into corrupt billing practices of general contractors, who exploited subcontractors to overcharge high-end construction clients.
  • Represented high-profile witness in sports gambling FBI investigation, preparing client for witness interview by FBI and prosecutors in Eastern District of New York.
  • Acted as second chair, handling jury selection, delivering opening statement, arguing motions in limine, and conducting witness cross examination in multi-count felony criminal trial.

Memberships

  • American Bar Association
  • New York State Bar Association
  • New York City Bar Association

Community

  • New York University School of Continuing and Professional Education: Guest lecturer, certificate program in forensic accounting

Pro Bono

  • Briefed, argued and won criminal appeal, including Constitutional issues, for which he was sworn in as a Special Assistant District Attorney by New York D.A. Robert Morganthau.
  • Represents several women in securing divorces in cases involving spousal mistreatment. In one case taken to trial, defendant husband agreed to favorable custody arrangement after team put on his client’s case-in-chief.

Services

Admissions

  • U.S. Court of Appeals, Second Circuit, 2005
  • U.S. District Court, Southern District of New York, 2004
  • U.S. District Court, Eastern District of New York, 2004
  • New York, 2004

Education

  • J.D., New York University School of Law, 2003
  • B.A., University of Rochester, 1997, cum laude