Biography

Michelle Cohen is a partner in the firm's Litigation department, where she represents clients in all aspects of litigation in federal and state courts. Her primary areas of practice involve commercial litigation and the defense of consumer class actions, including false advertising claims. She also advises clients in internal investigations, in responding to inquiries and subpoenas from government and regulatory agencies, and on privacy and data security matters.

Ms. Cohen has been named a Rising Star by the New York Law Journal. Rising Star recognition is awarded to attorneys who have “established a record of accomplishments and demonstrated that they are top contributors to the practice of law and their communities.” Ms. Cohen has also been named to Benchmark Litigation’s “Under 40 Hotlist” in 2016 and 2017. The list recognizes “practitioners, all aged 40 or younger, [who] have been deemed the most promising emerging talent in their respective litigation communities in the US and Canadian litigation community by peers and clients.”

Ms. Cohen graduated from the University of Wisconsin-Madison and received her JD from the Benjamin N. Cardozo School of Law, where she was elected to the Order of the Coif. Before joining the firm, Ms. Cohen served as Law Clerk to the Hon. Louis L. Stanton, U.S. District Court for the Southern District of New York.

Representative Matters

Consumer Products
Representing the world’s leading beverage company in a multidistrict litigation consisting of eight putative consumer class actions. In each action, the plaintiffs allege that our client’s product is misbranded in violation of FDA regulations and state law.

Representing a leading chocolate and confections company in a putative consumer class action alleging that our client’s product packaging contains nonfunctional slack fill in violation of state consumer protection laws.

Representing the world’s leading beverage company in a putative class action in which plaintiff disputes the labeling for our client’s ginger ale products.

Representing a leading vitamin and nutritional supplement manufacturer in an action in which plaintiffs dispute the labeling on one of our client’s vitamin supplements.

Represented a leading chocolate and confections company in a putative consumer class action alleging false advertising and deceptive trade practices related to the labeling of one of its flagship products.

Represented a bottled organic tea company in a putative consumer class action filed on behalf of nationwide purchasers alleging the company’s best-selling product contains fewer antioxidants than declared on their labels.

Represented a leading chocolate and confections company in a putative consumer class action challenging various statements on labels for gum, mints, and chocolate products.

Represented a leading chocolate and confections company in a trademark and trade dress dispute with a competitor.

Represented a skincare company in threatened consumer class action challenging various advertising claims.

Financial Services
Representing European bank in a putative class action alleging manipulation of the silver market.

Representing European bank in connection with an industry-wide investigation into alleged manipulation of the precious metals market.

Advised private investment firm on privacy and data protection issues in connection with third-party services agreements.

Advised global investment firm on its internal cybersecurity policy and incident response plan.

Life Sciences
Representing pharmaceutical company in an industry-wide antitrust investigation.

Represented pharmaceutical company in responding to FTC inquiry into potential false and deceptive advertising.

Represented pharmaceutical company defending against allegations of false patent marking.

Represented pharmaceutical company in products liability actions involving specific drug.

Technology and Media
Advised a leading online services company in responding to an inquiry from the New York Attorney General’s Office concerning a potential security vulnerability in its smartphone application.

Represented leading financial and business information provider in connection with allegations of corporate espionage, theft of trade secrets, false advertising and alleged violations of the federal antitrust laws as well as other state and federal laws.

Represented international electronics and wireless company defending against allegations of trade secret theft.

Advised leading financial and business information provider on privacy and data protection issues in connection with a third-party services agreement.

Represented a technology-focused non-profit organization in connection with the FTC’s suit against a major software company, successfully negotiating with the government not to include our client as a witness in the matter.

Represented leading financial and business information provider in connection with insider trading and Martin Act investigation by the U.S. Department of Justice and the N.Y. Attorney General’s Office.

Admissions

  • U.S. Courts of Appeals, Second Circuit; Ninth Circuit
  • U.S. District Court, Southern and Eastern Districts of New York
  • New York

Professional Activities

MEMBERSHIPS: New York State Bar Association; The Association of the Bar of the City of New York

HONORS: Named to Benchmark Litigation’s “Under 40 Hotlist” in 2016 and 2017; Named as a "2016 Rising Star” by the New York Law Journal

SPEAKING ENGAGEMENTS: Presenter, "Shining the Light on the Third-Party Litigation Funding," American Conference Institute’s 22nd Annual Conference on Drug & Medical Device Litigation (December 5, 2017); Presenter, “Law Firms, Ethics and Cybersecurity,” Practising Law Institute Webcast (July 21, 2016); Moderator, “Litigation Trends in Data Breaches,” Georgetown Law’s 4th Annual Cybersecurity Law Institute (May 25, 2016)