Charles W. Cohen is co-chair of the firm’s Product Liability Practice Group and co-chair of the firm’s Information Governance & eDiscovery Practice Group. His practice focuses on: (1) complex, multi-jurisdictional domestic and international litigation and (2) counseling clients regarding electronic discovery and information management.
Charlie's litigation practice includes a wide variety of matters including: product liability, consumer class-action and commercial litigation; securities, shareholder’s derivative and Employee Retirement Income Security Act litigation; and international litigation with experience litigating in countries on six continents. In addition, Charlie also represents clients in investigations by the US Congress, Department of Justice, state attorneys general and regulatory bodies. He also has extensive experience in internal investigations and compliance efforts. Chambers USA, The International Who’s Who of Product Liability Defence Lawyers and a number of other publications have consistently recognized him.
Charlie's electronic discovery, information management and cybersecurity practice includes assisting companies throughout the document life cycle and in litigation situations. He brings his litigator’s perspective to electronic discovery and technology issues, always considering the issues in light of the client’s overall strategy and the approach that will lead to the best result at trial.
Charlie is a co-chair of the firm’s Technology Committee and served a term on the firm’s Executive Committee. He has chaired the New Jersey Defense Association Products Liability Committee, and has published and lectured on a variety of topics, including products liability, coordination of multi-jurisdictional litigation and attorney-client privilege.
Areas of Concentration
Litigation, including products liability and general commercial litigation with experience in state and federal courts, arbitrations and congressional and Department of Justice investigations
Electronic discovery and information management in litigation and non-litigation settings
Recognition
Ranked by Chambers USA as one of the top product liability and mass torts lawyers in the United States
Recognized by The Legal 500 United States as one of the top product liability, mass tort and class action defense lawyers (pharmaceuticals and medical devices)
Ranked by Legal Media Group's Expert Guide as one of The World's Leading Product Liability Lawyers
Recognized by Who's Who Legal In both its "Life Science - Product Liability" and "Product Liability Defence" categories
Identified as a top-ranked lawyer in Super Lawyers magazine in the areas of class action and mass tort
Highlighted Publications
Co-author, “The New Constants – Death, Taxes and … Social Media?” Bloomberg BNA (April 2013)
Co-author, “Winning Prescription Medicine Personal Injury Cases on Motion,” New Jersey Defense (Fall 2011)
Co-author and member of Editing Committee, “Intellectual Property Misuse: Licensing and Litigation,” American Bar Association Section of Antitrust Law (2000)
Co-author, “Antitrust and Misuse Law” in Intellectual Property Law Annual, New York Intellectual Property Law Association, 1997, 1998, 1999, 2000 and 2001
Lectures
Litigation Strategy and Management
"Vaccination - a Right to Choose, or a Social Obligation?", International Bar Association Annual Conference, Virtual Conference, November 5, 2020
"Crisis Management in the Age of 280 Characters," DRI Hot Topics in International Law, Paris, France, June 17, 2019
"It's a Small World After All: Litigation, Regulatory and Privacy Issues across Jurisdictions," DRI Annual Meeting, Boston, Massachusetts, October 21, 2016
“Collective Redress Across Borders – How Consumers Are Flexing Their Multijurisdictional Muscle,” International Bar Association Annual Conference, Tokyo, Oct. 20, 2014
“A Focus on Class Actions and MDL: Coordination and Other Winning Strategies for Resolution in Multiple Jurisdictions,” American Conference Institute’s, Mass Tort Products Liability Claims Program, New York, Sept. 30, 2010
“Management of Complex Litigation,” International Bar Association Conference, Washington, DC, April 15, 2010
“Mass Torts: The Defense Perspective,” New York State Trial Lawyers Institute Continuing Legal Education (CLE) Seminar, How to Find, Understand, and Litigate Mass Torts, New York, May 7, 2009
“Products Liability 2008: A Year In Review,” American Bar Association, Joint Meeting of the Products Liability, Mass Tort, and Environmental Law Committees, Vail, CO, January 2009
“The Ups and Downs of Removal and Remand,” Mealey’s Litigation and Trial Strategies SuperConference, Miami, October 2008
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“Managing Multiple Litigations and Class Actions,” New Jersey Corporate Counsel Association/New Jersey Defense Association, Somerset, NJ, October 2007
Technology and Electronic Discovery
"Emerging Ethical Issues in this Ever-Changing World," New Jersey Defense Association & Association of Corporate Counsel New Jersey 2019 Products Liability Seminar, Newark, NJ, February 1, 2019
“Electronic Discovery,” New York County Lawyers’ Association seminar, Winning Cases in Federal Court, New York, July 19, 2018 (and previously presented on July 7, 2010, June 14, 2011, June 28, 2012, and June 27, 2013, June 23, 2014, July 15, 2015, July 18, 2016 and July 18, 2017)
“Beating the Traffic: How to Staff & Set-Up a TAR Matter,” Electronic Discovery Institute, New York, June 7, 2017
“Ethics 2.0(16) - Ethical Issues in the Digital Age,” New Jersey Defense Association & Association of Corporate Counsel New Jersey Products Liability Seminar, Iselin, NJ, Sept. 23, 2016
“Now Do You Think E-Discovery Is Important?,” Mass Torts Judicial Forum, New York, April 17, 2015
“The Ethical Discovery of Social Media,” Defense Research Institute Product Liability Conference, Las Vegas, Feb. 5, 2015
“Social Media Ethics and the Courts,” New York State Judicial Insitute CLE, White Plains, NY, Sept. 30, 2014 and 9th Judicial District Judges Program, White Plains, NY, March 19 and 27, 2014
“Preserve, Prepare and Protect: Responding to the Corporate Witness Subpoena,” Association of Corporate Counsel, Mid-America Chapter program, Kansas City, Nov. 13, 2013
“Death, Taxes and … Social Media? How Companies Can Adapt to the Social Media Age,” Bloomberg BNA webinar, Oct. 10, 2013 (available at http://www.bna.com/death-taxes...)
“Managing E-Discovery: From Complaint to Production,” Defense Research Institute Product Liability Conference, National Harbor, MD, April 5, 2013
“Cross-Border Discovery: Navigating the Legal, Technical and Cultural Maze,” Women in e-Discovery Presentation, New York, Oct. 18, 2012
“Avoiding the Bermuda Triangle: Effective and Efficient Collaboration Among In-House Counsel, Outside Counsel and Vendors,” Carmel Valley e-Discovery Retreat, Monterey, CA, July 25, 2012
“Privilege in the Electronic Age,” New Jersey Corporate Counsel Association/New Jersey Defense Association, Woodbridge, NJ, March 2010 and March 2012
“Data Protection,” International Bar Association Conference, Krakow, Poland, May 20, 2011
“Watson, The NY Times Doomsday Article and the Legal Profession,” ESIBytes Podcast, April 1, 2011 www.esibytes.com/?p=1829
“What Lawyers Need to Know About Search,” Catalyst Secure’s “The Expanding Role of Search in E-Discovery” Seminar, New York, March 2, 2011
“Legacy Data Issues and E-Discovery Pain,” ESIBytes Podcast, Jan. 18, 2011 (available at www.esibytes.com/?p=1601
“e-Discovery Case Law Update – Winter/Spring 2010,” Fios Inc. webcast, March 24, 2010
“Multilingual Madness: Globalization is Colliding with the Complexity of E-Discovery,” Legal Tech, New York, Feb. 3, 2009
“We’re All in This Together: Coordination with Your Outside Counsel is Essential to Successful E-Discovery,” Corporate Counsel Seminar, Mastering the Discovery Process for the General Counsel, New York, November 2008
“Data Overload: Effectively Dealing with Information Preservation and Discovery,” Mealey’s Litigation and Trial Strategies SuperConference, Miami, October 2008
“Qualcomm v. Broadcom: What Lessons Have We Learned?,” Association of Litigation Support Professionals, webinar, May 2008
“Discovery of Foreign Language Documents,” Catalyst Secure Seminar, New York, December 2007
“Use of Technology at Trial,” Atlantic City Inns of Court, Atlantic City, NJ, March 2007
“Electronic Discovery,” New Jersey Corporate Counsel Association/New Jersey Defense Association, Woodbridge, NJ, October 2005
Professional Activities
Member and past chair (2010 – 2012), New Jersey Defense Association Products Liability Committee
Member, International Bar Association, Litigation and Product Law and Advertising Committees
Member, Defense Research Institute (DRI) Data Management and Security Committee and DRI International
Court Admissions
United States Supreme Court
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Tenth Circuit
United States District Court for the District of New Jersey
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
United States District Court for the Southern District of New York
Highlighted Matters
Representation of a major pharmaceutical company in one of the largest and most complex pharmaceutical litigations, which involved litigation such as securities, shareholder’s derivative, Employee Retirement Income Security Act, personal injury, as well as multiple class actions and government investigations
Representation of numerous pharmaceutical and tobacco companies facing a large number of personal injury claims
Defense of a major blood center in numerous cases involving alleged virus-contaminated blood transfusions as well as patent licensing disputes
Representation of a major medical device manufacturer in patent-antitrust cases
Representation of a major insurance company in insurance coverage matters involving silicone-gel breast implants and tobacco