Philip H. Cohen

Shareholder; Co-Chair, National eDiscovery & eRetention PracticeGreenberg TraurigConnectContact

 

Shareholder, Co-Chair National e-Discovery & e-Retention Practice Group

Mr. Cohen is a shareholder in Greenberg Traurig's Litigation Practice in the New York office and Co-Chairs the Firm's National e-Discovery & e-Retention Practice Group. His areas of concentration include: litigation, e-Discovery, product liability litigation, commercial litigation, regulatory investigations, mediation, court-appointed receiverships and antitrust.

Some of his significant representations include Rapcinsky v. Skinnygirl Cocktails, L.L.C., 2013 WL 93636 (S.D.N.Y. Jan 09, 2013) (NO. 11 CIV. 6546 JPO) a 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." The Court denied plaintiff's motion to certify class in favor of client Skinnygirl Cocktails LLC. The Court focused on plaintiff's failure to satisfy the typicality requirement, which the Court described as necessary "to prevent a false prohet from bearing the standard for an entire class of claims." The Court also found that the 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.

Mr. Cohen has counseled numerous corporations regarding discovery issues concerning the law of privilege including litigating challenges to privilege claims. Mr. Cohen has also counseled numerous corporations concerning e-Discovery issues.

Mr. Cohen has served as a court-appointed guardian ad litem, and also as a court-appointed receiver for a partnership in dissolution, and as a court-appointed receiver for properties in foreclosure. Mr. Cohen has also served as a court-appointed mediator for the New York State Supreme Court, Commercial Division.