Philip H. Cohen is a shareholder in the Litigation Practice in the firm's New York office and is Co-Chair of the firm's national eDiscovery & eRetention Practice.
Areas of Concentration
· eDiscovery & eRetention
· Product liability litigation
· Commercial litigation
· Regulatory investigations
· Court-Appointed Receiver
Professional & Community Involvement
· Member, Social Media Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, 2013-Present
· Commissioner, Hoboken Planning Board, 2013-Present
· Commissioner, Hoboken Zoning Board of Adjustment, 2009-2012
· Member, Board of Trustees, United Synagogue of Hoboken, Hoboken, New Jersey, 2009-Present
· Vice Chair, Hoboken Democratic Party, 2008-2011
· Co-chairman, American Bar Association, Section of Litigation, Pretrial Practice and Discovery Subcommittee on e-Discovery, 2005-2008
· Elected Representative, Hudson County Democratic Committee, City of Hoboken, Fifth Ward, Third District, 2007-2013
· Adjunct Professor, Rutgers University School of Law - Newark, Products Liability Seminar, 1999-2002
· Co-chairman, American Bar Association, Section of Litigation, Pretrial Practice and Discovery Subcommittee on Attorney-Client Privilege and Work Product, 2004-2005
· Chairman, Board of Trustees, Stevens Cooperative School, Hoboken, New Jersey, 2003-2005
· Member, Tufts Alumni Admission Program, 1987-Present
· Member, Board of Trustees, Stevens Cooperative School, Hoboken, New Jersey, 2002-2006
Awards & Recognition
· Recipient, Corporate Leadership Award, Women's Housing and Economic Development Corporation, 2013
· Team Member, a Law360 "Product Liability Practice Group of the Year," 2011
· 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.
· 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.
· Served as court-appointed mediator in matters pending before New York State Supreme Court, Commercial Division.
· Consulted with numerous corporations regarding discovery issues concerning the law of privilege including litigating challenges to privilege claims.
· Consulted with numerous corporations regarding the review, analysis and appropriate assertion of privilege claims for document collection, review and production.
· Consulted with numerous corporations regarding electronic discovery and records retention matters.
· Serve as court-appointed receiver for partnership in dissolution.
· Serve as court-appointed receiver for properties in foreclosure.
· Intern, The Honorable Stewart G. Pollock, Supreme Court of New Jersey, January 1988-May 1988
· Intern, The Honorable Harold A. Ackerman, U.S. District Court of New Jersey, September 1987-January 1988
Publications & Presentations
Articles, Lectures & Publications
· Author, "Service of Process Through Social Media," GT Alert, March 2013
· Co-author, "Predictive Coding Is a New Tool in the E-Discovery Toolbox," New York Law Journal, March 19, 2012
· Co-author, GT Alert, "Federal Judge Approves Predictive Coding Technology for e-Discovery," March 2012
· Co-author, E-Discovery: Part I, Texas Lawyer Roundtable Series, Texas Lawyer, Vol. 25, No. 30.
· Co-author, GT Alert, "This Tape Will Self-Destruct in Five Seconds - Self-Destructing Digital Data", August 2009
· Co-author, GT Alert, "The Impact of the New Federal Rules of Civil Procedure on Electronic Discovery," September 2006
· Co-author, Chapter 3, "Choosing Your Outside eDiscovery Counsel and eDiscovery Provider," and Chapter 12, "Managing Pretrial Practice," eDiscovery For Corporate Counsel, 2010 Ed., Thomson Reuters/West
· Lectured, "Pride & No Prejudice: How to Remain Ethical Through Litigation," Association of Corporate Counsel, New Jersey Chapter, 11th Annual All-Day Conference, September 2013
· Panelist, Texas Lawyer E-Discovery Roundtable, Dallas, Texas, September 2009
· Panelist, IQPC 2nd Conference on Drug and Medical Device Litigation, "eDiscovery: Controlling Costs in Litigation," New York City, October 2007
· Lectured, "Advanced Records Retention and the New Federal Rules," Lorman Education Services, National Seminar, January 2007
· Panelist, "E-Discovery for Pharmaceutical and Biotech: Practical Solutions and Proactive Guidelines for an Evolving Environment," IQPC Conference, Philadelphia, Pennsylvania, November 2006
· Lectured, "Litigation and Document Retention Strategies Under the New Federal Rules," Strafford Specialized Information Services, September 2006
· Lectured, "Hot Issues in Records Retention and Electronic Discovery," Lorman Education Services, Salt Lake City, Utah, April 2006
· Panelist, "Confidentiality & Public Access," The Sedona Conference WGS Town Hall Meeting on Protective Orders, September 2005
· Lectured, "Privilege and the Expert: Building a Successful Attorney-Expert Relationship," American Bar Association, Section of Litigation, Litigation Series CLE TeleConference, May 2005
· Lectured, "Hot Issues in the Law of Privilege: Working with Expert Witnesses and the Risks to Privileged Communications," American Bar Association Annual Meeting, August 2004
· Lectured, "Hot Issues in the Law of Privilege: Taking and Defending the Deposition of Attorneys," American Bar Association, Section of Litigation, Litigation Series CLE TeleConference, July 2004
· Lectured, American Bar Association, Section of Litigation Annual Conference, April 2004