Commercial Litigation | Bankruptcy | Franchising & Licensing

An accomplished litigator with more than 40 years of experience, Mr. Cohen represents clients in complex commercial litigation, bankruptcy reorganization and municipal bond defaults and insolvency.

Named one of the leading litigation and general commercial law attorneys in Colorado by Chambers USA, Mr. Cohen frequently advises creditors, investors, and municipalities on various aspects of litigation surrounding bond defaults and other financial reorganization and bankruptcy issues. He has served as lead counsel for the planning and execution of numerous business restructuring cases, including the restricting of troubled municipal bonds, as well as lead creditor and  debtor counsel for several multimillion-dollar bankruptcies.

Having litigated in more than 150 state and federal jury and non-jury trials to verdict, Mr. Cohen has significant experience briefing and arguing appeals as well as conducting all aspects of discovery and pre-trial motions.

Additionally, Mr. Cohen handles a variety of municipal financial issues for both rated and non-rated issuers, advising on the nature of the bondholder’s rights and the implications of the default.

Representative Matters

Served as lead national franchise counsel in opt-out litigation against an international sandwich franchise.

Hamilton Creek Metropolitan District v. Colorado Bond Shares (98CV59, District Court, Summit County, Colorado)

Served as a lead exchanger counsel in $250 million Chapter 11 bankruptcy of 1031 Tax Group in the U.S. District Court for the Southern District of New York and Negotiated a $14 million settlement in the main adversary proceeding.

Served as lead advisor to one of the world’s largest hedge fund in acquisition of $1.1 billion of financially distressed municipal bonds.

Served as lead advisor to one of the of the nation’s largest municipal bond mutual funds regarding $4.6 billion of Alabama revenue bonds that are in default and the subject of litigation in the U.S. District Court for the Northern District of Alabama.

Additional Information

Mr. Cohen is a frequent speaker on municipal and bankruptcy matters and has provided legal insight to a variety of media outlets throughout his career. He has been published and quoted in The Denver Business Journal, Continuing Legal Education in Colorado, Inc., The Colorado Lawyer, The Bond Buyer, Business Week, The Rocky Mountain News, The Birmingham News, and The Denver Post. Mr. Cohen has also served as an editor-in-chief of the Colorado Bankruptcy Court Reporter, Texas Bankruptcy Court Reporter, and the 4th Circuit Bankruptcy Court Reporter.

Mr. Cohen was also an adjunct professor at the University of Denver Strum College of the Law, teaching classes on debtors and creditors as well as bankruptcy and creditors’ rights.

Honors and Awards

Named as one of the leading litigation and general commercial law attorney’s in Colorado by Chambers USA (2013 – 2020)

Included in “Who’s Who in American Law” (2003, 2004)

Included in “Who’s Who in America” (2003, 2004)

Recipient of the American Jurisprudence Award in Civil Procedure

Recipient of the Rose Memorial Scholarship from Brooklyn Law School

Areas of Practice

Litigation
Financial Restructuring & Bankruptcy
Franchising, Licensing & Distribution

Bar Admissions

Colorado
New York

Court Admissions

U.S. Bankruptcy Court, District of Colorado

U.S. Bankruptcy Court, Eastern District of New York

U.S. Bankruptcy Court, Southern District of New York

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Tenth Circuit

U.S. District Court, District of Colorado

U.S. District Court, District of North Dakota

U.S. District Court, East District of New York

U.S. District Court, Southern District of New York

U.S. District Court, Western District of New York

Education

Brandeis University (B.A., magna cum laude, 1977)

Brooklyn Law School (J.D., 1980)

Professional Organizations

Aspen Institute, Society of Fellows