Joseph S. Cohen
For over 35 years, Joe Cohen has provided businesses with tough legal solutions to complex problems that have endangered their operations. Joe has dealt with matters regarding antitrust, bankruptcy, energy, regulatory, trade secrets, real estate, insurance, consumer class actions, pharmaceuticals, and business co-owner disputes.
Joe has crafted legal strategies that led to the effective end of litigation regarding the polio vaccine, extended the life of major banks in separate cases with a consolidated strategy that hinged on the timing of contracts, and helped an oil and gas company secure a drilling permit through litigation during the Gulf of Mexico drilling moratorium following the Macondo oil spill.
In addition, Joe's practice includes counseling businesses and trade associations on antitrust, bankruptcy, trade secrets, unfair competition, shareholder issues, directors' and officers' liability issues, insurance coverage, and legislative issues.
Prior to his affiliation with Trent Rosenthal, Joe was a partner in Beirne, Maynard & Parsons, L.L.P.
- University of Tennessee College of Law, Knoxville, Tennessee (J.D., 1978)
- University of Tennessee (B.A., Phi Beta Kappa, 1975)
- Successfully defended casket manufacturer before Supreme Court of Texas in case involving trademark infringement and service of process under The Hague Convention – Wuxi Taihu Tractor Company, Ltd. v. The York Group, Inc., No. 15-0043 (petition for review denied 2015).
- Obtained summary judgment exonerating privately held company from claims that it had participated in defrauding widow of owner in the transfer of the owner’s shares to other family members – In re Estate of Jack Hiromi Ikenaga, Sr., Deceased (Probate Court No. 1, Bexar County, Texas, 2014).
- Obtained $4.9 million jury verdict for energy investment partnerships in trade secret litigation - Vaquillas Energy Lopeno, Ltd., v. Lamont, et al. (49th Judicial District – Webb County, Texas, 2006).
- Successfully defended energy investment partnerships from appeal of trade secret damages verdict - Lamont v. Vaquillas Energy Lopeno, Ltd., 421 S.W.3d 198 (Tex. App.-San Antonio, 2013, pet. denied).
- Obtained writ of mandamus for Volvo Cars of North America LLC directing trial court to vacate order staying arbitration pending state agency’s exercise of primary jurisdiction - In re: Sonic-Carrollton, V, L.P., 230 S.W.3d 811 (Tex. App.-Dallas, 2007).
- Obtained summary judgment for pharmaceutical company on plaintiff's claim that her brain tumor was allegedly caused by an oral polio vaccine and successfully defended the judgment on appeal - Garcia v. Pfizer, Inc., No. 06-40703, U.S. Court of Appeals for Fifth Circuit (unpublished 2006).
- Obtained a defense verdict exonerating a securities broker dealer and its CEO of civil liability for violations of federal and state securities laws - Reynolds v. Josephthal, Lyon & Ross, Inc. (U.S. District Court, Southern District of Texas, 1996).
- Equity owner of private toll road entity in the entity’s Chapter 11 bankruptcy case
- Offshore exploration and production company in litigation challenging offshore drilling regulations during permit moratorium in Gulf of Mexico
- Energy company in shareholder’s derivative action involving executive compensation issues
- Chemical company in antitrust litigation
- Wireless telephone service, defending consumer class action
- Insurance companies in officer and director liability coverage disputes
- Real estate developers in construction litigation
- Land owners in partition disputes
- Real estate brokers in client disputes
- Bankruptcy trustee in prosecuting avoidance actions
Legislation and Counseling
- Managed mass-tort pharmaceutical defense team of lawyers and paralegals
- Worked with pharmaceutical officials drafting the pharmaceutical provisions of the 2003 Texas tort reform legislation
- Worked with sand mining companies in drafting of silicosis provisions of 2005 Texas tort reform legislation
- Counseled businesses, associations and non-profit organizations on antitrust and anticompetitive behavior issues
Admissions to Practice
- State Bar of Texas
- U.S. Supreme Court
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
- U.S. Court of Federal Claims
Honors and Awards
- Texas Lawyer - Appellate Lawyer of the Week - The Key to the Win: A Treasure Map for Black Gold (September 30, 2013)
- Rated AV Preeminent by Martindale-Hubbell
- Rated by "Super Lawyers" for General Litigation in Houston, TX, 2004, 2015-2017 (Thomson Reuters Services)
- Life Fellow, Texas Bar Foundation
- Fellow, Houston Bar Foundation
Publications / Presentations
- Presenter, “Lessons Learned from Lender Liability Litigation,” FINRA CLE Super Course, Sponsored by Network of Trial Law Firms, New York, New York, September 2012
- Presenter, “What’s Your Story? The Key to Winning Your Case,” Litigation Management in a New York Minute, Sponsored by Network of Trial Law Firms, New York, New York, August 2011
- Contributor, “Spoliation Roundtable,” International Lawyers Network Roundtable Series, August 2006
- Coauthor, “Arbitration Showdown,” Financial Planning magazine, July 2003
Memberships / Affiliations
- Houston Bar Association