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Jonathan M. Cohen

Partner, AV Peer Review Rated

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Jonathan Cohen is a founding partner of Joseph & Cohen and its Head of Litigation. An AV peer review rated attorney with 20 years of experience, Mr. Cohen is a skilled trial lawyer with extensive experience in complex commercial disputes, banking, insurance coverage, class actions, securities, real estate, product liability and commodities.  He represents a wide variety of clients including banks and financial service companies in complex corporate, employment and insurance coverage litigation. He often represents C level executives in employment negotiations as well as separations and regularly counsels corporate clients on wage and hour, wrongful termination claims, harassment, retaliation and discrimination.

Representative matters handled by Mr. Cohen include:

Financial Institutions

  • Favorably settled negligence and breach of fiduciary duty claims brought by the FDIC against the five most senior officers of County Bank in FDIC as Receiver for County Bank vs. Hawker, et al., (E.D. CA 2012).
  • Successfully defended numerous officers and directors of failed banks in breach of fiduciary duty claims initiated or threatened by the FDIC.
  • Regularly advises officers and directors of financial institutions regarding D&O coverage and tenders.
  • Representing an officer of a failed bank in an FDIC enforcement proceeding seeking a lifetime banking ban and civil money penalties.
  • Defending depository institution against allegations of unfair competition and truth in lending violations.
  • Defending CEO of a failed credit union in connection with an investigation by the NCUA.

Employment and Insurance Matters

  • Representing the executive officers of several publicly traded companies in connection with employment agreements, clawback issues, indemnification, separation agreements and non-compete provisions.
  • Represented CEOs of commercial banks in connection with employment contract negotiations
  • Defended a public company in a class action brought under the California Unfair Competition Law alleging violations of California wage and hour law.
  • Currently litigating insurance coverage claims on behalf of senior officers of a failed bank against BancInsure.
  • Represented an executive in claims of breach of his employment agreement as a result of alleged stock option backdating.
  • Defended clients in administrative actions before governmental agencies, including the California Department of Labor, Cal-OSHA, the California Department of Fair Employment and Housing and the United States Department of Labor

Commercial and Technology Matters

  • Represented a voice-over IP company in licensing matters and related litigation.
  • Representing technology companies in unfair competition and trade secret litigation.
  • Representing physicians performing work as medical-legal consultants and in connection with partnership disputes.

Mr. Cohen also acts as a settlement conference judge in both the Marin and San Francisco County Superior Courts.  He has completed the training necessary to serve as a mediator as well.

He is a member of the State Bar of California and admitted to practice before the California Supreme Court and Central District, Eastern District and Northern District Courts of California.  His published decisions include Samuel v. ADVO, Inc., 155 Cal.App.4th 1099 (1st Dist. 2007).

Mr. Cohen’s past law firm experience includes:

  • Partner in the San Francisco office of Winston & Strawn LLP
  • Partner at K&L Gates (previously known as Kirkpatrick & Lockhart Nicholson Graham
  • Partner at Carroll Burdick & McDonough

Mr. Cohen was awarded his Juris Doctor degree from the University of California, Hastings School of Law, in 1993. He received a BA from Washington University in St. Louis, Missouri in 1990. He is a frequent speaker and has published articles that address issues of trial practice, employment law and loss prevention.