Jonathan Cohen


Jonathan S. Cohen practices in the area of commercial litigation and international arbitration. He advises clients in matters relating to international joint ventures; corporate disputes; commodities; financial services and banking litigation; warranties; guarantees; intellectual property disputes, including trade secrets, confidential information, restrictive covenants, royalties, trademarks, passing off, copyrights and license disputes; and information technology and telecommunications claims. He is also highly experienced in obtaining and defending depositions and discovery motions in the English Courts under Hague Convention Letters of Request.

Admitted as a solicitor in England and Wales, he is a member of the Law Society of England and Wales. He has written and presented extensively in the areas of commercial litigation and information technology law.

Mr. Cohen is a 1991 graduate of The College of Law, Chancery Lane and a jurisprudence graduate of Christ Church, Oxford.

Representative Matters

  • Obtained settlement that the client found favourable on an earn-out dispute before the LCIA.
  • Mediated a software dispute to a successful conclusion.
  • Successfully defended the Character Group Plc at the Commercial Court in November 2016 against a claim by Cepia (HK) Limited attempting to exercise a share option which was not capable of exercise. The case is reported at [2016] EWHC 3133 (Comm).
  • Obtained on behalf of Taberna Europe, an Irish company that manages collateralized debt obligations, a $34 million misrepresentation judgment in the London High Court against a failed Danish financial institution, Roskilde Bank. The case is reported at [2015] EWHC 871 (comm). Took the case to the Court of Appeal in November 2016 where Roskilde succeeded. The case is reported at [2016] EWCA Civ 1262.
  • Ran the trade secrets/restrictive covenants/ breach of fiduciary duties remedies case of OTS Logistics Belgium NV and others v Robert Paul Clarke and Britam Shipping reported at [2010] EWHC 3202 (QB).
  • Successfully defended an application for specific performance of a share sale agreement in the reported case of Capcon Holdings Plc v Edwards [2007] EWHC 2662 (Ch).
  • Counsel in an ICC arbitration regarding the failure of a joint venture partner to develop IT systems. Coordinating with French counsel; the contractual documents were mainly in French and subject to French law.
  • Commercial Litigation

  • Acted in cross-border fraud case involving sovereign wealth fund and US defendants involving chapter 11 protection.
  • 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.


  • 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

Professional Activities

  • The Law Society of England and Wales
  • The Computer Law Association

Selected Publications

  • "Changes in UK Trade Marks Legislation Take Effect 14 January 2019," Duane Morris LLP, January 11, 2018

  • "Court of Appeal Waves the Offside Flag on Attempt to Extend Litigation Privilege," Duane Morris LLP, December 20, 2018

  • "Blue Sky Thinking on EU Trade Mark Law," Duane Morris LLP, April 13, 2018

  • "UK Implementation of the EU Trade Secrets Directive and Brexit," The Legal Intelligencer, October 27, 2017
  • "Still in Vogue?" New Law Journal, June 16, 2017
  • "Carrying the Can: Classifying Contempt as Unlawful Means to Impose Liability in Tort on a Conspirator," Duane Morris LLP - Cohen's Commercial Litigation Forum, April 2016
  • "English Law Contractual Penalty Clauses: Brought Down in the Box by the Supreme Court?" Duane Morris LLP, January 7, 2016
  • "Comments on Commercial Disputes and the Rolls Building Financial List Initiative," Duane Morris LLP, July 20, 2015
  • Book Review of Professor Norman Poser's "Lord Mansfield: Justice in the Age of Reason" in May 2015 edition of Business Law International
  • "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