Jonathan S. Cohen practices in the area of commercial litigation, including information technology and telecommunications litigation. He advises clients in matters relating to systems failure, international joint ventures, fraud recoveries, warranty disputes, employment disputes and intellectual property disputes including trademarks, passing off actions, copyright, confidential information and license disputes.
Admitted as a solicitor in England and Wales, he is a member of the Law Society of England and Wales, the London Solicitors Litigation Association, the Society for Computers and Law and the Computer Law Association. Mr. Cohen has written and presented extensively in the areas of commercial and information technology law and is competent in both French and German.
Mr. Cohen is a 1991 graduate of The College of Law, Chancery Lane and a graduate of Christ Church, Oxford.
- Represented Metric Capital Partners in connection with their debt and equity investment in Augusta Securities Limited, a UK litigation funding business.
- Represented the Unity Mine Group, an independent producer of high grade coking coal in South Wales, in a debt and equity restructuring.
- Obtained summary judgment on behalf of a defendant where plaintiff claimed asbestos attributable to the client caused a decedent's mesothelioma and subsequent death. Plaintiff's claims included an attempt to pierce the corporate veil to hold the client liable for its wholly owned subsidiary.
- Represented a UK asset manager in litigation leading to a sale of €75 million of subordinated securities to a US bank.
- Lead counsel to a video games manufacturer that had invested in a database purportedly containing information on the Y2K compliance status of 30,000 software applications to include in its suite of Y2K cure products. The title to the database was disputed as was its commercial exploitability. The case was reported at the interlocutory stages. The defendant settled on terms that were highly advantageous to the firm's client one week into the trial.
- Counsel to bank clients on potential causes of action against software suppliers of failed Treasury management and HR resources management systems, and on the failure of an encryption package.
- Counsel to various clients on remedies regarding the failure of software to comply with User Requirement Specifications.
- Counsel in an ICC arbitration regarding the failure of its joint venture partner to develop IT systems. Coordinating with French counsel; the contractual documents are mainly in French and subject to French law.
- Counsel in litigation before the Paris Tribunal de Commerce regarding the failure of its joint venture partner to develop IT systems. . Coordinating with French counsel; the contractual documents are mainly in French and subject to French law.
- Counsel in a successful arbitration regarding the defendant's failure to roll out a satellite-based TV network.
- Counsel to a carrier on its rights to IPRs in the failure of a joint venture
- Counsel to a reseller of telecommunication in asset recovery litigation seeking recovery of funds lost as a result of a major international fraud.
- Obtained on behalf of Taberna Europe, an Irish company that manages collateralized debt obligations, a €30 million misrepresentation judgment in the London High Court against a failed Danish financial institution, Roskilde Bank.
- Advising on applications in England for discovery and depositions in support of litigation in the United States.
- Counsel to the vendors of shares in a leading Greek soccer club who are being sued for breach of warranties in the Share Sale Agreement. This involves extensive analysis of various Greek accounting standards to determine whether the club's pre-sale accounts disclosed the club's true value in compliance with warranties provided.
- Lead counsel to the Luxembourg manufacturers of a motorised gantry that collapsed under the Severn Bridge leading to an action for damages by the Department of Transport. After four weeks of trial the parties settled.
- Counsel to the trustees of a pension fund seeking court approval for their proposal to distribute the surplus of the pension scheme.
- Counsel to the trustees in an advantageous settlement against a major Bank which paid out trust funds in breach of the trustees' mandate.
- Counsel in striking out an action for breach of contract worth £500,000 against an automotive products manufacturer.
- Counsel to a car manufacturer in the successful defense of a claim for extensive damages for alleged breach of contract.
- Counsel to a landlord in litigation regarding a tenant who was placed into administration.
- Counsel to a tenant in the successful defense of an action for forfeiture of its lease on the basis of failure to make a rental payment.
- Negotiating transfers of intellectual property rights.
- England and Wales
- The College of Law, Chancery Lane, L.S.F., 1991
- Christ Church Oxford, M.A. Jurisprudence, 1990
- Duane Morris
- Partner, 2001-present
- Bird & Bird, London
- Senior Solicitor, 1998-2001
- Barlow Lyde & Gilbert, London
- Solicitor, 1995-1998
- Winward Fearon & Co., London
- Litigator, 1994-1995
- Herbert Smith, London
- Training Contract, 1991-1993
- The Law Society of England and Wales
- The Computer Law Association
- "Choppy Waters: Requesting Discovery and Depositions in England in Support of Proceedings in the United States," Benedict Maritime Bulletin, November 2013
- "The Sky's the Limit," New Law Journal, June 2010
- "What's in a Name," New Law Journal, May 2011
- "Deal or No Deal?" Butterworths Journal of International Banking and Finance Law, May 2011
- "Use It or Lose It?" New Law Journal, March 12, 2010
- "Going, Going, Gone?" New Law Journal, July 10, 2009
- ". . . Until the Fat Lady Sings," New Law Journal, January 30, 2009
- "Time & Time... Jonathan Cohen Endorses the Importance of Time in Legal Matters," New Law Journal, November 21, 2008
- "The Phantom Menace," New Law Journal, September 26, 2008
- "Avoiding Liability for Defective Software," IT Law column of Law Society Gazette, November 27, 2003
- "Voyages of Discovery: Obtaining Orders for Discovery in England in Support of Proceedings in the U.S.," New Jersey Lawyer, February 2003
- "Transposition de la Legislation sur les Technologies de l'information," (on the implementation into English law of the European E-Commerce Directive) Les Petites Affiches, February 2003
- "Evaluation des Prejudices Lies aux Dysfonctionnemnets des Logiciels Comptables," (on the assessment of damages following a failed IT system installation) Les Petites Affiches, February 2003
- "Ascertaining the Terms of a Software License; BCT Solutions Ltd. v. Arnold Laver & Co Ltd.," Law Society Gazette, September 12, 2002
- "Assessing Damages in IT Contracts: Horace Holman Group Limited v. Sherwood Group International Limited," The Law Society Gazette, March 7, 2002
- Co-author, "Playing the Odds," New Jersey Lawyer, February 2002
- Monthly IT law contributor, Legal Update Section, Law Society Gazette
- IT law contributor, Legal Update Section, Commercial Lawyer
- "IT Disputes in the New Litigation Era-IT Law Today," Bird & Bird IT Law Bulletin, October 1999
- "South West Water v ICL: Ramifications for the Drafting and Litigating of IT Supply Contracts," Corporate Counsel and Bird & Bird IT Law Bulletin
- Co-author, Chapter on Motor Insurance and Third Party Rights, Personal Injury Litigation, Butterworth, 1996
- Co-author, Financial Times Strategic Review of the UK Non-Life Insurance Industry, 1997
- Co-author, Commercial Environmental Law and Liability, Longmann, 1993
Selected Speaking Engagements
- Author and speaker, "Dealing Effectively with E-Commerce Cross-Border Disputes," Euromoney training conference on E-Commerce in the Financial Sector, London, September, 2000
- Speaker, "Alternative Dispute Resolution Driven by Technology," On-Line Dispute Resolution Conference, Florence, Italy, February 14, 2002
- Author and speaker, King's College Construction Law Association and Centre for Business Arbitration Conference, Lincoln's Inn, April 2000