Biography

Cohen is the chair of Kegler Brown’s Trial Practice Group, where his focus includes complex litigation. He joined Kegler Brown in 1991, following a judicial clerkship with William K. Thomas, a United States District Court Judge for the Northern District of Ohio in Cleveland.

Cohen has consistently been recognized in the areas of civil litigation and antitrust litigation by SuperLawyers® and Best Lawyers in America® and was honored as the 2012 “Lawyer of the Year” in Columbus in the area of Antitrust Litigation by The Best Lawyers in America®. He is a past Chairman of the Antitrust Section of the Ohio State Bar Association, and he currently serves on the OSBA Antitrust Section Council as an Emeritus member.

Recognized as an attorney who can quickly grasp complex factual and legal issues and apply sound judgment in creating value for his clients, Cohen provides aggressive representation to companies and individuals, whether they find themselves as defendants in litigation or are looking to enforce their legal rights against others.

Successful Representations

  • Defeated class certification in nationwide consumer class action in the pet industry
  • Defeated class certification in a national franchisee class action
  • Successfully enforced arbitration provision contained in mailer notice to prevent class certification in Ohio consumer class action involving automotive warranties
  • Obtained jury verdict for plaintiff in lawsuit resulting from reverse stock split under Delaware law
  • Obtained a favorable settlement of all damages sought, plus attorneys’ fees, on behalf of a plaintiff following the two-week presentation of the plaintiff’s case to the jury in a case involving claims for architectural and design malpractice
  • Obtained a defense verdict on behalf of some of the nation’s largest dairies in a summary jury trial involving bid-rigging claims pertaining to government contracts
  • Obtained an arbitration award for a 50% owner of a company engaged in the purchase and sale of farm land throughout the Midwest by establishing breaches of fiduciary duties owed by the other 50% owner
  • Obtained an arbitration award for a regional travel agency franchisor relating to package programs connected with the 1996 Summer Olympics in Atlanta
  • Obtaining injunctive relief in numerous cases successfully enforcing non-competition restrictions against franchisees, including obtaining orders requiring the closure of franchise stores
  • Obtaining injunctive relief in numerous cases involving the enforcement of non-competition restrictions against employees in the insurance, interactive wagering, manufacturing, restaurant supply, salon, telecommunications, and other technology businesses

Litigation

Cohen’s broad-based litigation experience includes: jury trials; bench trials; temporary restraining order and preliminary injunction hearings; summary jury trials; administrative trials; arbitration; appellate practice before the Ohio Court of Appeals, the Ohio Supreme Court and the United States Court of Appeals for the Sixth and Ninth Circuits; representation of clients in connection with criminal grand jury proceedings, Ohio Attorney General antitrust investigations, U.S. Department of Justice and Department of Transportation Inspector General investigations; and practice before local governmental boards and agencies. Client representations have included a broad array of corporate clients involved in business, partnership and shareholder disputes, franchisor/franchisee disputes, as well as employment litigation, antitrust litigation, non-competition and injunction cases, and class actions involving consumer, employment and franchisee class claims.

Additional Experience

Cohen has previously served as a commissioner on the Powell Planning and Zoning Commission. He is a frequent speaker regarding topics including antitrust and non-competition litigation, as well as having served as a guest lecturer on litigation and antitrust topics at Capital University Law School. Cohen has also served as an expert witness with respect to non-competition litigation issues.

Practice Areas

Education

  • The Ohio State University Moritz College of Law (J.D., 1988)
  • University of Michigan ( B.A., 1985)

Bar Admissions

  • Ohio
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio

Professional Affiliations

  • Columbus Bar Association, member
  • Ohio State Bar Association, member
  • Ohio State Bar Association, Antitrust Section Council (1998-present); Antitrust Section Council, chairman (2003-2005)

Special Honors

  • Selected as the 2016 “Lawyer of the Year” in Columbus in the area of Antitrust Litigation by The Best Lawyers in America®
  • Selected as the 2012 “Lawyer of the Year” in Columbus in the area of Antitrust Litigation by The Best Lawyers in America®
  • Martindale-Hubbell Rating of AV
  • Recognized as an Ohio Super Lawyer® by Law & Politics magazine

Charitable + Civic Involvement

  • Columbus Literacy Council, Board of Trustees, member (2006-2008)
  • Honorable Order of Kentucky Colonels
  • Falcon Ridge Homeowners’ Association, Vice President (1997-2000); Trustee (1997-2007); Legal Affairs Committee, chair (1997-2007)
  • Wingate Farms Owners’ Association, board member (2013 – present)
  • Village of Powell Parks and Recreation Advisory Committee, member (1997-1998)
  • Village of Powell Planning and Zoning Commission, Commissioner (1999-2002)

Presentations

  • Covenants Not to Compete, CLE Seminar on Hot Topics in Business Litigation, presented 2010
  • Covenants Not to Compete, OSBA Annual Convention, Corporate Counsel Seminar, presented 2009
  • Non-Price Distribution Restraints, OSBA Antitrust Institute, presented 1999
  • Understanding the Federal Antitrust Laws and How to Apply Them, OSBA Antitrust Institute, presented 2001
  • Non-Competition Agreements and Protection of Trade Secrets, OSBA Annual Convention, presented 2005

Career Highlights

  • Served as law clerk to Judge William K. Thomas, United States District Court for the Northern District of Ohio, Eastern Division, from 1989-1991