Philip Stewart CohenFort Lauderdale, FL

Greenberg Traurig, LLP
One Vanderbilt Avenue, New York, NY 10017

212-8012145 (Phone), 212-2246132 (Fax)

Litigation, eDiscovery & eRetention, Trial Practice

<p><strong>Professional & Community Involvement</strong></p><p>•Councilman, City of Hoboken, 5th Ward, 2020-2024 <br/>•Member, New York State Bar Association, Committee on Electronic Discovery, 2014-Present <br/>•Member, New York State Bar Association, Commercial and Federal Litigation Section, Social Media Committee, 2013-Present <br/>•Commissioner, Hoboken Zoning Board of Adjustment, 2009-2012; 2014-2017 <br/>•Chair, Hoboken Democratic Party, 2018-Present <br/>•Board Member, United Synagogue of Hoboken, Board of Trustees, 2009-2018 <br/>•Board Member, Liberty Humane Society, 2016-2017 <br/>•Board Member, Legal Information for Families Today (LIFT), 2016-Present <br/>•Alternate Commissioner, Hoboken Planning Board, 2013 <br/>•Chairman, Board of Trustees, Stevens Cooperative School, Hoboken, NJ, 2003-2005 <br/>•Adjunct Professor, Rutgers University School of Law - Newark, 1999-2002</p>

908299506

1989

Tufts University, B.A., History, 1986; Tufts University, B.A., magna cum laude, 1986

Rutgers School of Law - Newark, J.D., 1989

Experience: eDiscovery & eRetention: Advised numerous corporations regarding eDiscovery protocols, eDiscovery planning, and motion practice concerning eDiscovery disputes.; Advised numerous corporations regarding discovery issues concerning the law of privilege including litigating challenges to privilege claims.; Advised numerous corporations regarding the review, analysis and appropriate assertion of privilege claims for document collection, review and production.; Advised numerous corporations regarding records retention matters.; Representation of high school providing ongoing e-Discovery counseling in a case involving alleged events that occurred as long as 40 years ago, presenting unique challenges with respect to collection, preservation, and production of potentially responsive information.; Litigation: Christopher Rapcinsky v. Skinnygirl Cocktails, LLC. et al, No. 11 CV 6546(JPO), 2013 WL 93636 (S.D.N.Y. Jan. 9, 2013): Consumer fraud action concerning the Skinnygirl Margarita in which plaintiff alleged, on behalf of a putative class of millions of consumers, that the product was purchased under false pretenses as All-natural and containing 100% Blue Agave tequila, stating claims under New York's consumer fraud statute, and New York's Agricultural and Markets Law, as well as claims for breach of express warranty and promissory estoppel. Plaintiff claimed damages of $10 million on behalf of the putative class and sought certification of a class of Massachusetts and New York consumers. Judge J. Paul Oetken denied plaintiff's motion to certify class in favor of client Skinnygirl Cocktails LLC. Judge Oetken's decision focused on plaintiff's failure to satisfy the typicality requirement, which Judge Oetken described as necessary to prevent a false prophet from bearing the standard for an entire class of claims. Judge Oetken also agreed with Skinnygirl Cocktails that plaintiff was not a typical class representative for the common law claims because those claims require a showing of reliance, and there were serious questions as to whether plaintiff relied on any alleged false representations. Judge Oetken also noted substantial concern as to whether the plaintiff could meet his burden of proving causation.; Representation of leading provider of third-party maintenance and support for enterprise software systems, concerning defense of copyright litigation.; Settlement Funding, LLC v. AXA Equitable Life Ins. Co., No. 09 CV 8685(HB), 2011 WL 1097635 (S.D.N.Y. Mar. 21, 2011): After a federal jury trial, obtained a $5 million jury verdict for client Settlement Funding, with the jury finding that an incontestability clause barred AXA Equitable Life Insurance Company from challenging the validity of a life insurance policy and further finding AXA Equitable liable for negligent misrepresentations made to Settlement Funding.; Receiverships: As the court-appointed receiver for Transit Systems, Ltd., a corporation in dissolution, oversaw the dissolution of a taxi medallion management corporation, conducting evidentiary hearings and mediating numerous disputes during five-year appointment including, ultimately facilitating the parties' settlement, with prejudice, of three pending actions in New York Supreme Court, Queens County: Fred Weingarten and the Estate of Jacob Popovic v. Victor Weingarten, Index No. 5931/2011; Victor Weingarten v. Thirty-First Street Realty Corporation, Index No. 12584/2007; and Application of Fred Weingarten and Jacob Popovic for the Dissolution of Transit Systems, Ltd., Index No. 2437/2004.; Served as court-appointed receiver for properties in foreclosure.; Mediation: As court-appointed mediator in People of the State of New York v. Direct Revenue, LLC, et al., No. 401325/06, Supreme Court of New York, Commercial Division presided over mediation sessions between the New York Attorney General's Office and Internet advertising executives and corporation accused of violating Executive Law 63(12), General Business Law 349-350 and Penal Law 156.20.; As court-appointed mediator in R. Stewart Honeyman, Jr. v. John Stine et al, No. 601241/06, Supreme Court of New York, Commercial Division presided over the parties' mediation sessions in an $11 million real estate dispute involving the Estate of Robert S. Honeyman, and facilitated the final settlement of the action with prejudice.; Internships: Intern, Hon. Stewart G. Pollock, Supreme Court of New Jersey, January 1988-May 1988; Intern, Hon. Harold A. Ackerman, U.S. District Court of New Jersey, September 1987-January 1988

Greenberg Traurig, LLP
Metlife Building 200 Park Avenue, New York, NY 10166
212-8012145 (Office), 212-2246132 (Fax)

New York - Currently registered 1990

Rutgers University School of LawDegree JD - Juris Doctor - LawGraduated 1989
Tufts UniversityDegree BA - Bachelor of ArtsGraduated 1986

Financial Markets And Services - 20%
Antitrust / Trade Law - 20%
Defective / Dangerous Products - 20%
Mediation - 20%
Litigation - 20%

English

American Bar Association, Litigation Section, Pretrial Practice and Discovery Committee, Electronic Discovery Subcommittee - Co-chair, 2005-present
American Bar Association, Litigation Section, Pretrial Practice and Discovery Committee, Attorney-Client Privilege and Work Product Subcommittee - Former Co-Chair, 2004-2005

Greenberg Traurig, LLP
200 Park Avenue, New York, NY 10166

212-8012145 (Phone), 212-2246132 (Fax)

Litigation, Global Recovery, Financial Institutions

American Bar Association (Co-chairman, Section of Litigation, Pretrial Practice and Discovery Subcommittee on e-Discovery, 2005-2008, Co-chairman, Section of Litigation, Pretrial Practice and Discovery Subcommittee on Attorney-Client Privilege and Work Product, 2004-2005).

908299506

1989, New Jersey, 1990, New York, U.S. District Court for the District of New Jersey, U.S. District Court for the Eastern District of New York, U.S. District Court for the Southern District of New York

Tufts University, B.A., History, magna cum laude, 1986

Rutgers School of Law - Newark, J.D., 1989

Philip H. Cohen is a shareholder in the Litigation Practice in the firm's New York office and is Co-Chair of the firm's national eDiscovery & eRetention Practice. <br /><br />Areas of Concentration <b...

New York - Currently registered 1975

Duke University School of Law

New Jersey - Active 1989

Bonnie R. Moss & Associates

Personal Injury Law, Insurance Defense

908299513

1984

Richard Stockton State College, B.A., 1979

Western State University, J.D., 1983

Universal Studios, Inc.

Entertainment Law

908299476

1989

New York University, B.A., 1981; State University of New York, 1971

Loyola Law School, J.D., 1989

1000713346

2014