Biography: Competition

Mr Cohen is a partner in Davis Polk's litigation department. He has represented a variety of clients in civil litigation, domestic and international arbitration, and governmental investigations in the areas of antitrust, securities fraud, M&A/corporate control, false advertising, commercial contracts and others. In addition, Mr Cohen has represented a wide range of clients in connection with the antitrust analysis of mergers, acquisitions, patent licensing and acquisition, and product distribution, and in antitrust investigations by the Department of Justice, Federal Trade Commission and state attorneys general.

Significant representations in the context of civil litigation, international arbitration and governmental investigations include AstraZeneca in In re AstraZeneca Securities Litigation, a class action lawsuit alleging that AstraZeneca's public statements regarding one of its drugs in development (Exanta, an anticoagulant) were false and misleading. In June 2009, the Second Circuit affirmed dismissal of the complaint in its entirety on the ground that it did not contain allegations giving rise to a strong inference of scienter; Hoffmann-La Roche Inc in false advertising litigation brought by Procter & Gamble with respect to the advertising of Boniva, an osteoporosis medication – the district court denied in all respects Procter & Gamble's request for a preliminary injunction; Oracle Corporation in Delaware Chancery Court in connection with Oracle's successful acquisition of PeopleSoft; and international and domestic arbitrations under ICC, AAA, and JAMS/Endispute rules in connection with contractual disputes relating to, inter alia, royalty payments, partnership obligations, and marketing due diligence obligations.

Significant mergers and acquisitions, antitrust litigation, and DOJ and FTC antitrust investigation representations include AstraZeneca in In re Tamoxifen Citrate Antitrust Litigation, in which plaintiffs asserted that the settlement of a patent infringement lawsuit involving a generic drug manufacturer violated federal and state antitrust laws; Mr Cohen argued the case successfully in the district court and in the Second Circuit; Xactware Solutions Inc in antitrust and other civil litigation arising out of Hurricane Katrina-related insurance claims practices and payments which resulted in dismissal of all antitrust claims; F Hoffmann-La Roche Ltd in civil antitrust litigation arising out of price fixing in the vitamins industry, including nationwide class actions by indirect purchasers and related actions by attorneys general of more than 20 states; Insurance Services Office Inc in civil antitrust litigation arising out of an alleged boycott involving domestic and foreign insurers and reinsurers – the case involved questions regarding the applicability of the McCarran-Ferguson Act antitrust exemption, which were resolved (favourably to the client) in the United States Supreme Court; and mergers, acquisitions and government investigations in the pharmaceuticals, commercial banking, investment banking, securities trading, computers, software, music, insurance and various other industries.

Mr Cohen was a recipient of the Thurgood Marshall Award for successfully representing (with a team of Davis Polk lawyers) a pro bono client in a habeas corpus proceeding that resulted in vacating his death sentence and conviction.

He is listed as a leading lawyer in several legal industry publications, including Chambers USA; Practical Law Company's Which lawyer?, Cross-border Competition Handbook and Cross-border Dispute-Resolution Handbook; Law Business Research's Who's Who Legal – The International Who's Who of Competition Lawyers and Economists and Who's Who Legal – The International Who's Who of Business Lawyers; and Legal Media Group's Expert Guide to the World's Leading Competition & Antitrust Lawyers. Davis Polk's antitrust group was also named a 'Competition Group of the Year' for 2011 by Law360.

Mr Cohen is a member of the Harpur College Law Alumni Council. He previously served as vice chair, intellectual property committee, antitrust section, American Bar Association, and member of the editorial board, Antitrust Law Developments (4th Edition).

He joined Davis Polk as an associate in 1987, following a clerkship with the Honourable Thomas A Clark, US Court of Appeals, Eleventh Circuit. He was elected to the partnership in 1996. He earned his BA from Binghamton University, and his JD, summa cum laude, from Georgetown University Law Center.