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JONATHAN D. COGAN
jonathan.cogan@kobrekim.com
New York:
800 Third Avenue, New York, New York 10022
Tel. +1 212 488 1206
Fax. +1 212 488 1226
Jonathan D. Cogan practices in the area of complex civil litigation, where he focuses on disputes against banks, investment companies, and other financial services firms on behalf of institutional investors and other institutional clients as well as insolvency and debtor-creditor disputes. Mr. Cogan also regularly represents clients in white-collar criminal defense matters and regulatory investigations. Mr. Cogan is the co-author of the book, Debtor-Creditor Fraud, 2009-2010 Edition (West (2009)).
Recent Engagements:
Financial Products & Services Litigation:
- Representation of institutional clients in connection with disputes against a large U.S. bank over four credit default swap transactions
- Representation of hedge fund investment manager and its principals in litigation over US $280 million in losses stemming from "Ponzi scheme" associated with Bernard Madoff
- Representation of an investment banking group in connection with a dispute between two international financial institutions involving their respective Collateralized Debt Obligations ("CDO") businesses
- Representation of the widow of Dr. Atkins, and beneficiary of US $600 million+ trust in contest against trustees relating to permissible use of corpus of funds in proceedings in Surrogates Court of the State of New York and Florida state courts
- Representation of the Trustee of a revocable trust in a dispute pending in the Probate Division of the Circuit Court for Miami Dade County contesting the validity and funding of the formation instrument
Insolvency & Debtor-Creditor Disputes:
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Representation of a large European investment bank in a creditors' dispute with a co-creditor relating to the bankruptcy of Genuity, Inc., a Verizon affiliate
- Defense of an investment firm and its founder in a subsequent transfer action brought by the Court-appointed Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") in the U.S. Bankruptcy Court for the Southern District of New York, to recover funds deposited by another BLMIS customer
- Representation of a European financial services company in adversary proceedings currently pending before the U.S. Bankruptcy Court for the Southern District of New York relating to recovery of alleged fraudulent conveyances
- Representation of hedge fund administrator in Chapter 15 proceedings in Bankruptcy Court
Joint Venture & Partnership Disputes:
- Representation of a principal in a venture capital firm in connection with parallel domestic and international civil litigations stemming from a real estate investment and development dispute
- Representation of an institutional LLC member in joint venture dispute against a private equity firm /co-LLC member involving a contest for control over a substantial business in the nightclub and gaming industry, involving litigations in New York and Nevada
International Arbitrations:
- Representation of a Kuwaiti-based company seeking over US $100 million in damages in an ICC arbitration in London against a large U.S. company in a contractual dispute involving process industries
- Representation of hedge fund administrator in US $350 million + dispute pending in London Court of International Arbitration (LCIA) regarding services rendered to Bermuda-based hedge fund
Government Enforcement Defense:
- Representation of a partner of a large law firm in allegations of insider trading by the U.S. Department of Justice and U.S. Securities and Exchange Commission
- Representation of former executives of an investment banking group in connection with well-publicized investigation by the U.S. Securities and Exchange Commission relating to CDOs
- Representation of a principal in a mortgage company in an investigation by the U.S. Department of Justice into allegations of mortgage fraud
- Representation of a former executive of a large, publicly-traded specialty chemicals company in connection with investigations by the U.S. Department of Justice and European Commission of alleged price-fixing in violation of American and European antitrust laws
- Representation of multiple insurance and reinsurance industry executives in connection with investigations conducted by the New York State Attorney General's Office, the U.S. Department of Justice, and the U.S. Securities and Exchange Commission into alleged accounting fraud and bid-rigging
Class & Derivative Actions:
- Representation of the former Senior Vice Chairman of a major insurance company in connection with various derivative and class actions in Delaware and New York
- Representation of a former director of an electronic gaming casino-supplier in defense against a class action alleging violations of securities laws related to the collapse of the company, which is pending in the U.S. District Court for the Central District of California
Prior To Kobre & Kim LLP:
Prior to joining Kobre & Kim LLP, Mr. Cogan practiced at Simpson Thacher & Bartlett LLP, where he focused on financial services litigation in the insurance and securities industries.
Professional & Community Involvement:
- American Bar Association, Member
- Federal Courts Committee of the Association of the Bar of the City of New York, Member
- Federal Bar Council, Member
- Second Circuit Courts Committee of the Federal Bar Council, Member
- New York State Bar Association, Member
News & Publications:
- Co-Author, White Collar Crime Debtor-Creditor Fraud 2009-2010 Edition (West, (2009))
- Panelist, Due Diligence of Investment Funds (Hedge Fund General Counsel Summit, Connecticut, October 2009)
- "Federal Attorney-Client Privilege and Work Product Doctrines", Practising Law Institute (2003)
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Practice Focus:
Education:
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University of Pennsylvania Law School, J.D.
Journal of Labor and Employment Law (Editor)
Penn National Trial Team
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University of Wisconsin, B.A.
Admissions:
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New York
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U.S. District Courts for the Southern, Eastern and Western Districts of New York
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U.S. Court of Appeals for the Second Circuit
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New York
