Robert M. Cohan
One of Dallas’ most respected commercial litigators, Bob Cohan helped resolve complex disputes for local and national companies for more than 40 years. While he 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, Bob placed particular emphasis on antitrust litigation and appellate advocacy.
Initially trained as an antitrust litigator at the Wald, Harkrader & Ross firm in Washington, D.C., Bob 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. His antitrust clients included Barnes & Noble, Cargill Incorporated, Allstate Insurance Company, The Salvation Army, and Burger King Corporation. Bob prosecuted and defended antitrust claims in state and federal court, in arbitrations, and before the Department of Justice, the Federal Trade Commission, and the Texas Attorney General’s Office.
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B.A., with honors, Brown University
J.D., with honors, University of Texas School of Law
District of Columbia, 1974
United States Supreme Court
United States Court of Appeals for the Third, Fifth, Ninth and Eleventh Circuits
United States Court of Appeals for the District of Columbia Circuit
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
- Successfully represented a national airline on an appeal before the United States Court of Appeals for the Fifth Circuit that resulted in the court holding that the Air Carrier Access Act of 1986 does not confer a private right of action for disability discrimination against an air carrier, overruling its own 30-year precedent.
- Won affirmance of order of dismissal for failure to state a claim, and denial of Petition for Writ of Certiorari, in a case alleging violation of home equity lending provisions of the Texas Constitution. Hawkins v. JP Morgan Chase Bank N.A., No. 15-272, U.S. Supreme Court, 577 U.S.__ (Dec. 7, 2015).
- 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 (App.–El Paso 2004).
- The Best Lawyers in America (Woodward/White Inc.)
- Antitrust Law, 2005-2020
- Commercial Litigation, 2005-2020
- Litigation – Antitrust, 2012-2020
- Lawyer of the Year – Dallas, Antitrust Law, 2012
- Super Lawyers, Thomson Reuters, 2003-2016
- Center for Public Resources Legal Program Award for Excellence and Innovation – Alternative Dispute Resolution, 1988
- Dallas Theater Center, Board of Trustees, 2008-2014
- Temple Emanu-El – Dallas, Texas, President, 2003-2005
Bob has served as Chair 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. Bob is also a Master in the Patrick E. Higginbotham American Inn of Court.