Elliot Cohen

Partner

New York
Business Phone: 212.704.6245
Business Fax: 212.704.5985

elliot.cohen@troutmansanders.com

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Elliot has over 30 years of experience handling a wide range of complex commercial litigation matters. His practice has focused on the areas of securities fraud, securities arbitration, international litigation and accountants' and attorneys' liability defense. He has also represented clients in complex matters involving major contract, corporate, real estate and intellectual property disputes. Elliot has extensive experience in all phases of litigation, including trials, appeals, arbitrations and other alternative dispute mechanisms, as well as the representation of clients before government and self-regulatory agencies.

Representative Experience 
Representation of chief financial officer of Fortune 100 Company in civil and regulatory proceedings relating to claims of securities fraud in connection with a $2.0 billion restatement of financial statements.

Representation of Swiss bank in defense of action brought to recover $680 million on behalf of purchasers of stock in a public company (whose claims were assigned to the company’s liquidating trust), claiming that the bank, with others, aided and abetted breaches of fiduciary duty by company insiders who allegedly traded on false or non-public information through accounts held at the bank.  The action also involves charges of money laundering violations by the Swiss bank. Action pending.

Obtained defense verdict in multi-million dollar securities fraud trial against accounting firm in connection with acquisition transaction.

Obtained dismissal of numerous securities fraud class actions brought against corporations, investment banking firms, accounting firms, officers and directors.

Obtained summary judgment (upheld on appeal) in favor of accounting firm dismissing $16,000,000 claim and awarding discovery sanctions.

Represented accounting firm in connection with $300,000,000 in securities fraud claims relating to financial statements.

Represented landlord in connection with claim brought to terminate $77,000,000 net ground lease of New York City office building.  Matter was settled following a landmark court decision permitting termination of the lease.

Summary judgment obtained (upheld on appeal) in favor of law firm against multi-million dollar malpractice claim.

Obtained International Chamber of Commerce arbitration award in favor of coal exporter, dismissing multi-million dollar claim of steel manufacturer and awarding $750,000 in damages to the coal exporter.

Representations of securities firms in numerous arbitrations relating to claims, including unsuitability, churning, fraud, unauthorized trades, “selling away”, and failure to supervise.

Representation of investment bank in connection with foreign money laundering investigation.

Representation of law firm in connection with malpractice, breach of contract, fraud and breach of fiduciary duty claims.

Represented foreign investment bank relating to purchase of Russian Risk Notes issued by bank.

Represented U.S. Licensee and distributor in connection with contract dispute with Swiss watch manufacturer. 

Represented sovereign government manufacturer in connection with claims arising from the attachment of a coal shipment at a U.S. port.

Represented law firm in connection with claim of professional malpractice relating to handling of securities arbitration proceeding. Claims dismissed on motion for summary judgment.

Publications
Co-author, “The Supreme Court’s Latest Guidance on Causation-Dura Pharmaceuticals”, LexisNexus Expert Commentary (published in lexis.com, 2008).

Co-author, “Insider Reporting and Short-Swing Trading”, Chapter 8 in Federal Securities Exchange Act of 1934, Vol. 2, (published by Matthew Bender/Lexis Nexis, 2007).

Co-author, "Accountants’ Liability Under the Federal Securities Laws", Chapter 5A in Federal Securities Exchange Act of 1934, Vol. 1 (published by Matthew Bender/Lexis Nexis, 2002).

Other Distinctions
Listed in Super Lawyers, Corporate Counsel Edition (2008) for excellence in Business Litigation.

Selected as a Super Lawyer by Law & Politics (2006 and 2007) for excellence in Business Litigation.

Work Experience
Partner, Troutman Sanders LLP, 2005-present
Partner, Jenkens & Gilchrist Parker Chapin LLP, 2001-2005
Partner, Parker Chapin Flattau & Klimpl, 1980-2001
Associate, Parker Chapin Flattau & Klimpl, 1973-1980

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Education

  • New York University, J.D., 1973
    Law Review Note and Comment Editor
  • Brandeis University, B.A., 1969


Bar Admissions

  • New York


Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit


Memberships

  • American Bar Association, Section of Litigation
  • New York State Bar Association, Commercial & Federal Litigation Section
  • New York County Bar Association
  • Securities Industry and Financial Markets Association - Compliance & Legal Division