Daniel A. Cohen

Senior Counsel

212 335 2042

dcohen@wmhwlaw.com

With more than two decades of private practice experience, Dan is a highly effective commercial litigator. His practice focuses on breach of contract, real estate disputes, fraud, business torts, corporate governance, insurance, and employment disputes. Dan’s clients span a wide variety of public and private companies, executive employees, and entrepreneurs in complex commercial litigation in both the state and federal courts of New York.

In the corporate dispute arena, Dan has represented companies, shareholders, officers and directors, LLP members, and business owners in claims arising from freeze-out mergers; deferred compensation schemes; and allegations of fraud, breach of fiduciary duty, or corporate waste.

Dan has extensive experience in insurance litigation.  On the plaintiff side, he has helped insurers recover millions of dollars cases involving property, casualty, and health insurance fraud, and in disputes with managing general agents concerning binding of coverage and collection of premium.  On the defense side, he has successfully represented insurers in coverage, no-fault, bad faith, and class action litigation involving directors & officers, errors & omissions, and auto liability.  He has also advised insureds and third parties on claim submissions and recoveries under a wide variety of policies, including umbrella policies, life insurance, commercial general insurance, and directors & officers insurance policies.  Dan is a former co-chair of the Insurance Law Committee of the New York County Lawyers Association.

Dan is particularly well-versed in matters of civil procedure. Since 2013, he has been the author of New York Motion Practice Handbook & Forms, a comprehensive book on motion practice in the New York courts that he updates annually. Also since 2013, Dan has been a co-author of the annual New York Employment Law, contributing chapters covering employment contracts, restrictive covenants, and the scope of employer liability for employee misconduct.

Previously, Dan was a member of the editorial board of Smart Litigator New York, where he supervised the preparation of litigation practice aids and contributed advice columns for an online publication. He has also authored articles on securities fraud, civil RICO, Yellowstone injunctions, the attorney-client privilege, and deposition of corporate designees.

Before joining WMHW, Dan held senior positions at two litigation boutique firms, focusing on business, contract, tort, intellectual property, and employment disputes.

Experience

Obtained dismissal of a multimillion-dollar fraud suit against a sports marketing agent, which was affirmed on appeal.

Obtained dismissal of a $58 million fraudulent conveyance action.

Helped a minority owner receive a favorable settlement in a shareholder dispute.

Successfully represented a securities brokerage in a FINRA arbitration concerning breach of restrictive covenants.