Celebrating 125 Years
 
Robert M. Cohan

Robert M. Cohan

Biography

One of Dallas' most respected commercial litigators, Robert Cohan has helped resolve complex disputes for local and national companies for more than 35 years. While he has handled litigation matters ranging from contract disputes to banking and lender liability, securities fraud, franchising, copyright and trademark infringement, and director and officer liability, including class actions, Mr. Cohan has placed particular emphasis on antitrust and appellate litigation.

Initially trained as an antitrust litigator at the Wald, Harkrader & Ross firm in Washington, D.C., Mr. Cohan had the rare opportunity early in his career to be part of the trial team defending a merger before the Federal Trade Commission and on appeal to the Ninth Circuit. In more recent years, his antitrust litigation clients have included Barnes & Noble, Inc., Cargill Incorporated, Allstate Insurance Company, The Salvation Army, Bankers Trust Company, and Burger King Corporation. Mr. Cohan has also represented clients in antitrust investigations by the Department of Justice, the Federal Trade Commission and the Texas Attorney General's Office. Many of Mr. Cohan's cases have involved difficult jurisdictional, venue and other state and federal procedural issues.

In addition to his litigation accomplishments, Mr. Cohan has been a leader in the development of alternative means of resolving complex commercial disputes. He served as lead claimant's counsel in an innovative antitrust arbitration regarding the setting of fees in automated teller machine networks. In connection with this arbitration, the Center for Public Resources presented Mr. Cohan with its 1988 Award for Significant Practical Achievement in Alternative Dispute Resolution. Mr. Cohan served as lead counsel for a national restaurant franchisor in a complex arbitration of several novel franchise issues. Mr. Cohan has participated in several other major commercial arbitrations, both as an arbitrator and as lead counsel.

More about Robert M. Cohan: Experience | Involvement | Recognition | News

Representative Matters

  • Won summary judgment disposing of all antitrust claims, including monopolization, attempt to monopolize, abuse of monopoly power, and conspiracy in restraint of trade. Schauer v. Cargill Incorporated, No. 21,586, District Court of Gonzales County, Texas (2006).

  • Obtained Judgment as a Matter of Law setting aside an $11 million jury verdict in the U.S. District Court. Won affirmance in the Fifth Circuit. Klumpe v. IBP, Inc., 309 F.3d 279 (5th Cir. 2002).

  • Won unanimous decision in the Texas Supreme Court overturning jury verdict and reversing Court of Appeal decision. Excel Corp. v. Apodaca, 81 S.W.3d 817 (Tex. 2002).

  • Won take nothing judgment for the defendant after 26-day trial in a suit alleging fraud, negligent misrepresentation and breach of fiduciary duty. Won affirmance on appeal. Wil-Roye Investment Co. II v. Washington Mutual Bank, 142 S.W.3d 393 (Tex.App.--El Paso 2004).

  • Won mandamus in the U.S. Court of Appeals directing the District Court to vacate an order consolidating eight cases for purposes of remand, and thus to vacate its order remanding the cases to state court. In re Excel Corporation, 106 F.3d 1197 (5th Cir. 1997).

  • Won dismissal of FDIC claims of negligence, negligence per se, and breach of fiduciary duty. FDIC v. Harrington, 844 F.Supp. 300 (N.D. Tex. 1994).

  • Won reversal of a verdict and trial court judgment for retaliatory discharge on grounds that the discharge claim was preempted by the Labor Management Relations Act. Medrano v. Excel Corp., 985 F.2d 230 (5th Cir. 1993).


More about Robert M. Cohan: Biography | Involvement | Recognition | News

Organization Membership

Mr. Cohan is past Chairman of both the Antitrust and Business Litigation Section of the State Bar of Texas and the Antitrust and Trade Regulation Section of the Dallas Bar Association. He is a Fellow of the Dallas Bar Foundation, and a Sustaining Life Fellow of the Texas Bar Foundation. He is a Master in the Patrick E. Higginbotham American Inn of Court.

Community Involvement

Mr. Cohan serves on the Board of Trustees of the Dallas Theater Center.


More about Robert M. Cohan: Biography | Experience | Recognition | News

Peer Recognition

Mr. Cohan has been listed in The Best Lawyers in America under Antitrust Law and Commercial Litigation (2005-2014) and Litigation — Antitrust (2012-2014). Best Lawyers named Mr. Cohan "Dallas Antitrust Law Lawyer of the Year" for 2012. He has been named a Texas "Super Lawyer" (2003 - 2013) by Thomson Reuters, and he was also honored by Super Lawyers, Corporate Counsel Edition for being a "Super Lawyer in Business Litigation."


More about Robert M. Cohan: Biography | Experience | Involvement | News

  • Robert M. Cohan
Partner
Dallas Office
T: 214.953.6046
F: 214.661.6612

bcohan@jw.com
Practice Areas
Education

B.A., with honors, Brown University

J.D., with honors, The University of Texas School of Law

Mr. Cohan served as Article and Book Review Editor of theTexas Law Review. Upon graduation from law school, Mr. Cohan served as a law clerk for Judge Irving Goldberg of the United States Court of Appeals for the Fifth Circuit.
Bar Admissions

  • 1973, Texas
  • 1974, District of Columbia
Court Admissions

  • United States Supreme Court
  • United States Court of Appeals for the Third Circuit
  • United States Courts of Appeals for the Fifth, Ninth, and Eleventh Circuits
  • United States Court of Appeals for the District of Columbia Circuit
  • United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
 
 
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