David Cohen is a partner in the Washington, DC office of Milbank, Tweed, Hadley & McCloy and a member of the firm’s Litigation Group. A partner since 2002, he is the head of Milbank’s Litigation Technology Committee. He joined the firm in 1998.
Primary Focus & Experience
Mr. Cohen has a broad litigation practice, with special emphasis on bankruptcy, derivatives, transportation, insurance and tort litigation. He has also represented clients in matters involving class action defense, fraud and employment. Mr. Cohen has tried significant cases for major institutional and individual clients of the firm in federal and state courts and arbitrations throughout the United States.
Mr. Cohen’s recent matters include representing:
- The Official Committee of the Unsecured Creditors in the Lehman Brothers Holdings Inc. bankruptcy, the largest bankruptcy in US history;
- The Humane Society of the United States as a qui tam plaintiff relator in a case brought under the False Claims Act concerning the sale of beef from sick and disabled animals to the United States Department of Agriculture to supply the National School Lunch Program and other federal food programs, which led to the largest beef recall in U.S. history;
- Take-Two Interactive in a breach of contract action concerning Take-Two’s exclusive and worldwide right to advertise and distribute the video game “Duke Nukem Forever”;
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Grupo Mexico and certain affiliates in the Chapter 11 bankruptcy proceedings of their wholly-owned copper mining subsidiary, ASARCO, LLC, the largest environmental bankruptcy in US history;
Recognition & Accomplishments
He served as the Executive Notes and Comments Editor of The Bankruptcy Developments Journal and was elected to the Order of the Coif at Emory University School of Law. Mr. Cohen is presently a member of the Emory Law School Dean’s Advisory Board. He is a Fellow at the Litigation Council of America. Benchmark Litigation, Guide to America’s Leading Litigation Firms & Attorneys has recognized Mr. Cohen as a leading bankruptcy lawyer, both nationally and in the District of Columbia.