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Dennis O. Cohen

Partner
T 212-973-8030
    Dennis Cohen is a partner in the firm’s Litigation Services Department. His practice focuses on complex commercial litigation and white collar investigations. He often handles matters relating to software, finance, intellectual property, technology, art and media. Mr. Cohen frequently writes and speaks about investigation techniques as well as intellectual property rights and privacy issues.

    AREAS OF EXPERIENCE

    Litigation 
    • Investigated and recovered $230 million of fraudulent transfers for a court-appointed receiver. A hedge fund transferred money belonging to the receivership to another hedge fund to avoid discovery of a Ponzi scheme and in furtherance of that scheme. Sued the recipient hedge fund to reclaim the lost monies. The case settled and the receivership recovered the bulk of funds it was owed. 
    • Persuaded the trial court to dismiss all material causes of action in litigation where a commercial landlord was sued by a tenant for millions of dollars for allegedly causing delays in the opening of a luxury retail business. Secured success on appeal. After several years of motion practice and discovery, developed incontrovertible evidence that contractor failure and the tenant’s own mismanagement had caused the delays, absolving the landlord of liability. 
    • Represented a financier in litigation and appeal to recover $1.5 million on a note. Negotiated a settlement that granted the client all the money owed to him, including interest, despite attempts from the defendant to delay judgment and prove that the money was unrecoverable. 
    • Obtained dismissal by forum non conveniens in state court for an out-of-state manufacturer against a competitor.

    White Collar Crime & Investigations 
    • Served as counsel to the Securities Investor Protection Act trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, including investigating accounting-related matters and litigating subsequent transferee cases. Investigations on behalf of the trustee involved collaboration with the United States Attorney’s Office, the FBI and the SEC, and the unwinding of the largest-ever Ponzi scheme.
    • Defended the CEO of a nationwide real estate conglomerate against an expansive multi-count indictment charging fraud and money laundering. Secured dismissal of the indictment and prevented subsequent investigations from resulting in any further indictments. 
    • Obtained full dismissal of a multi-count felony indictment against the president of one of New York City’s largest heating, ventilation and air conditioning contractors. Persuaded prosecutors that the client was not the proper target of a wide-ranging criminal investigation into the billing practices of general contractors. 
    • Represented a high-profile witness in an FBI sports gambling investigation, including preparing the client for a witness interview by the FBI.

    Intellectual Property 
    • As lead U.S. counsel, won dismissal of copyright claims on summary judgment for a foreign software company against a multibillion dollar U.S. software company in federal court. The multijurisdictional litigation involved critical issues of technology law, including accusations of copyright infringement and breach of licensing contracts, and issues regarding propriety of benchmarking and reverse engineering. The case influenced which parts of software are copyrightable under U.S. law, which portions of technology licenses are enforceable under U.K. and EU law, and the legal treatment of programming and other constructed languages. 
    • Served as lead counsel in a matter concerning the validity and terms of end-user license agreements.

    Art Law 
    • As lead counsel, successfully represented an art collector in a case concerning the identification and provenance of and rights to allegedly stolen 14th and 15th century artwork. 
    • Lead trial and appellate counsel in a successful action concerning the rights of an artist vis-à-vis a gallery owner and other parties. 
    • Recovered a priceless art collection from an at-risk museum.

    Media 
    • Represented a major telecommunications company in connection with the negotiation of a nine-figure deal with a smartphone manufacturer. 
    • As lead counsel, successfully defended a production company against a former Olympic athlete in federal and state courts regarding film revenue rights.

    Pro Bono 
    • Represented several clients in securing divorces in cases involving spousal mistreatment. 
    • Assisted an immigrant rights organization in navigating the privacy concerns of both immigrants and U.S. citizens in immigrant communities. 
    • On behalf of U.S. military veterans, sought upgrades in discharge status to restore their honor and increase their access to benefits.

    COMMUNITY ACTIVITIES

    • Long Island Children’s Choir, Board Member
    • New York University School of Continuing and Professional Education, Guest lecturer in certificate program in forensic accounting
    • New York University Alumni in Technology, Panelist
    • Thought Leaders in Business, Monthly Business Panel Event Host

    Education

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

    Court Admissions

    • United States Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. District Courts for the Southern and Eastern Districts of New York

    Bar Admissions

    • New York, 2004

    Professional Affiliations

    • American Bar Association, Criminal Section, Member
    • New York State Bar Association, Member
    • Association of the Bar of the City of New York, Member
    • Federal Bar Council, Member

    Other Distinctions

    • Brooklyn Bar Association Volunteer Lawyers Project, Champion of Justice Award, 2017
    • Named as a “Rising Star” by New York Metro Super Lawyers, 2013-2015
    • Journal of International Law & Politics, New York University School of Law, Article and Note Editor
    • East European Constitutional Review, New York University School of Law, Contributor