Joseph S. Cohen

Houston, TX
Partner
Joseph Cohen has extensive experience in complex litigation including, commercial, energy, regulatory, trade secrets, real estate, insurance, consumer class actions, pharmaceuticals, and business co-owner disputes. In addition, Mr. Cohen’s practice includes counseling businesses and trade associations on antitrust, unfair competition, shareholder issues, directors and officer’s liability issues, insurance coverage, and legislative issues.
Education
  • University of Tennessee College of Law, Knoxville, Tennessee (J.D., 1978)
  • University of Tennessee (B.A., Phi Beta Kappa, 1975)
Admissions to Practice
  • All Texas state courts
  • U.S. Supreme Court
  • U.S. Court of Appeals for the 5th Circuit
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
  • U.S. Court of Federal Claims
Representative Cases
  • Represented offshore exploration and production company in litigation challenging offshore drilling regulations
  • Represented commercial tenant in litigation challenging landlord's efforts to re-locate tenant to other space
  • Represented energy investment partnerships in trade secret litigation against competitors
  • Counseled insurance companies on director and officer liability insurance issues
  • Obtained summary judgment for purchaser of hotel in dispute over whether purchaser acquired adjacent strip of land
  • Obtained affirmance of a summary judgment as lead defense counsel against a plaintiff's claim that her brain tumor was caused by an oral polio vaccine allegedly manufactured by Pfizer Inc.
  • Represented commercial tenant in dispute with landlord regarding whether tenant could assign lease
  • Counseled a trade association on antitrust issues
  • Represented seller of multi-family housing property in dispute with purchaser over whether purchaser assumed obligation to pay existing indebtedness secured by the property
  • Obtained a defense verdict exonerating a securities broker dealer and its CEO of civil liability for violations of federal and state securities laws
  • Represented a biofuels company in resolving disputes with former directors and a former CEO
  • Represented co-tenant in lawsuit to partition real estate
  • Obtained summary judgment for a pharmaceutical manufacturer on a product liability claim involving arthritis prescription medication
  • Represented real estate developer in lawsuit by purchaser alleging misrepresentations
  • Defeated the certification of a consumer class against the maker of diabetes prescription medication
  • Coordinated and managed Texas products liability litigation involving prescription diabetes medication
  • Represented lenders in real estate foreclosures and related litigation
  • Coordinated and managed Texas products liability litigation involving post-menopausal hormone replacement medications
  • Represented a wireless telephone service provider in settling a consumer class action
  • Represented a pharmaceutical company in drafting pharmaceuticals provisions of the 2003 Texas Tort Reform legislation
  • Represented a mining company in drafting silicosis provisions of the 2005 Texas Tort Reform legislation
  • Obtained mandamus directing trial court to compel arbitration despite a state agency’s purported primary jurisdiction over the parties’ dispute
Representative Publications
  • Contributor, “Spoliation Roundtable,” International Lawyers Network Roundtable Series, August 2006
  • “Texas Sets Pace in Drug Tort Reform,” Drug Discovery and Development, June 2004
  • Coauthor, “Arbitration Showdown,” Financial Planning magazine, July 2003
Honors and Awards
  • Life Fellow, Texas Bar Foundation
  • Texas Monthly Super Lawyer, 2004
Memberships & Affiliations
  • State Bar of Texas
  • Houston Bar Association
  • Life Fellow, Texas Bar Foundation
  • Fellow, Houston Bar Foundation
  • Defense Research Institute
  • Texas Associate of Defense Counsel
  • Board of Directors, Houston Chapter, American Jewish Committee
Presentations and Seminars
  • Presenter, “Lessons Learned from Lender Liability Litigation,” FINRA CLE Super Course, Sponsored by Network of Trial Law Firms, New York, New York, September 2012
  • Presenter, “What’s Your Story? The Key to Winning Your Case,” Litigation Management in a New York Minute, Sponsored by Network of Trial Law Firms, New York, New York, August 2011
  • Roundtable moderator, "The Ethics of Pharma,"  Pharmaceutical Executive, December, 2004