Joel M. Cohen
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.
Antitrust Litigation, DOJ and FTC Antitrust Investigations, and Mergers and Acquisitions
- Nippon Express in civil litigation arising out of price-fixing prosecutions in the freight forwarding industry
- 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, which affirmed dismissal of the complaint.
- Verisk Analytics in Vedder Software Group Ltd. v. Insurance Services Office, Inc., in which plaintiff asserted boycott and monopolization claims. Mr. Cohen argued the case successfully in the district court and in the Second Circuit, which affirmed the dismissal of the complaint.
- Xactware Solutions, Inc. in antitrust and other civil litigation arising out of Hurricane Katrina-related insurance claims practices and payments; all antitrust claims were dismissed.
- Astra Aktiebolog in antitrust litigation alleging monopolization through the prosecution of sham patent litigation against a potential competitor. Mr. Cohen argued the case successfully in the district court, which dismissed the case.
- F. Hoffmann-La Roche Ltd in civil antitrust litigation arising out of price-fixing prosecutions in the vitamins industry, including nationwide class actions by indirect purchasers and related actions by Attorneys General of more than 20 states.
- DOJ and FTC antitrust investigations in the securities, pharmaceuticals, music, and various other industries
- Mergers, acquisitions and government investigations in the pharmaceuticals, health care, commercial banking, investment banking, securities trading, computers, software, music, insurance, nutrition, and various other industries
Civil Litigation and International Arbitration
- AstraZeneca in In re AstraZeneca Securities Litigation, a class action lawsuit alleging that AstraZeneca's public statements regarding one of its drugs were false and misleading. Mr. Cohen argued the case successfully in the district court and in the Second Circuit, which affirmed dismissal of the compliant.
- Hoffmann-La Roche Inc. in false advertising litigation brought by Procter & Gamble with respect to the advertising of Boniva®, an osteoporosis medication, in which the district court denied Procter & Gamble’s request for a preliminary injunction
- Oracle Corporation in Delaware Chancery Court in connection with Oracle’s successful acquisition of PeopleSoft
- Intellicorp Inc. in multiple class actions alleging violation of the Fair Credit Reporting Act
- 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
- 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
- Mr. Cohen is listed as a leading lawyer in several legal industry publications, including:
- Chambers USA: America’s Leading Lawyers for Business
- Practical Law Company’s Which lawyer?; Cross-border Competition Handbook; and Cross-border Dispute-Resolution Handbook
- Law Business Research’s Who’s Who Legal–International Who’s Who of Competition Lawyers & Economists and Who’s Who Legal–International Who’s Who of Business Lawyers
- Legal Media Group’s Benchmark Litigation and Expert Guide to the World’s Leading Competition & Antitrust Lawyers
- Woodward/White’s Best Lawyers in America
- Mr. Cohen is a member of Davis Polk’s Antitrust Group, which was named “Law Firm of the Year” in Antitrust Law by U.S. News - Best Lawyers Best Law Firms 2013 and a “Competition Group of the Year” by Law360 2012 and 2014.
- Vice Chair, Corporate Counseling Committee, Section of Antitrust Law, American Bar Association
- Member, Harpur College Law Alumni Council
- Vice Chair, Intellectual Property Committee, Antitrust Section, American Bar Association
- Member, Editorial Board, Antitrust Law Developments (4th Edition)
- Partner, 1996-present
- Practice Group Coordinator, 2006-2011
- Associate, 1987-1996
- Law Clerk, Hon. Thomas A. Clark, U.S. Court of Appeals, Eleventh Circuit, 1986-1987