Neal W. Cohen is of counsel to the firm and has more than 30 years of experience in complex commercial litigation, bankruptcy litigation and post-confirmation bankruptcy trust matters. His litigation practice focuses on a broad range of business disputes involving various credit insurance and other insurance matters, breach of fiduciary duty, breach of contract, fraud, guarantee actions, intellectual property, judgment enforcement, and real estate. Mr. Cohen also regularly represents bankruptcy trusts and trustees in some of the largest and most complex bankruptcy cases, as well as handling other bankruptcy litigation matters. His bankruptcy practice involves prosecuting and defending preference and fraudulent conveyance actions, Ponzi scheme litigation, enforcement of issues arising in bankruptcy sale transactions, and bankruptcy appellate matters. Mr. Cohen’s bankruptcy work often focuses on trust administration matters in the firm’s post-confirmation trust practice.
Mr. Cohen has successfully tried cases and argued appeals at various levels of the state and federal courts of New York. He has represented a wide range of sophisticated litigation clients from individuals and small family owned businesses to large multi-national corporations, including financial institutions, real estate developers, logistics and freight forwarder providers, insurers, design companies and high net worth investors.
- Briggs & Stratton Corporation Representing Plan Administrator
- Yellow Corporation. Representing Liquidating Trustee
- Hitachi Seiki USA. Representing Official Committee of Unsecured Creditors
- Homemaker Industries, Inc. Representing Official Committee of Unsecured Creditors
- Tender Loving Care Healthcare. Representing Official Committee of Unsecured Creditors
- 23 and Me/Chrome Holding Co. Representing Equity Representative
- Novan Inc. Representing Liquidation Trustee
- Insys Therapeutics, Inc. Representing Liquidating Trustee
- M&G USA Corporation. Representing Co-Litigation Trustees
- Enjoy Technology, Inc. Representing Plan Administrator
- Bernard L. Madoff Investment Sec. LLC. Representing numerous avoidance action defendants
- Oakwood Homes Corporation. Representing Liquidation Trustee
- Polyindex, LLC v Euler Hermes N. Am. Ins. Co., 2023 U.S. Dist LEXIS 166773 (S.D. Tex. 2023). Represented insurance carrier in securing summary judgment in connection with allegations of breach of contract and bad faith.
- Sotheby’s, Inc. v Chowaiki, 202 A.D.3d 523 (Appellate Division First Department 2022); 2019 N.Y. Misc. LEXIS 1772 (Supreme Court of the State of N.Y., N.Y. County 2019). Represented plaintiff in a breach of guarantee dispute.
- Daniel B. Katz & Assoc. Corp. v Midland Rushmore, LLC, 90 A.D.3d 977 (Appellate Division Second Department 2011). Represented respondent on appeal in affirming lower court dismissal of breach of contract and tortious interference case on jurisdictional grounds.
- Homemaker Indus. v Official Comm. of Unsecured Creditors of HMKR, Inc., 2004 U.S. Dist. LEXIS 6682 (S.D.N.Y. 2004). Represented Official Committee of Unsecured Creditors in case affirming unsecured creditors right to excess proceeds of letter of credit.
- Eur. Am. Bank v Miller, 265 A.D.2d 374 (Appellate Division Second Department 1999). Successfully represented bank in reversing dismissal of breach of contract action.
- Blinder Intl. v Laser Interceptor USA, 2010 U.S. Dist. LEXIS 164651 (S.D.N.Y. 2010). Successfully represented defendants in transferring case due to forum non conveniens.
- K.L. Originals Co., Ltd. v BCNY Intl., Inc., 2024 LEXIS 33919 (Supreme Court of the State of New York, Nassau County, Index No. 604539-23 (2024)). Represented all individual and corporate defendants in dismissing personal guarantee and alter ego claims with prejudice.
- Tremago, L.P. v Euler-Hermes Am. Credit Indem. Co., 602 F. App’x 981 (5th Cir 2015). Represented world’s largest credit insurance company in dismissing all claims for coverage under relevant policies.
- Marble Bridge Funding Group, Inc. v Euler Hermes Am. Credit Indem. Co., 225 F.Supp.3d 1034 (N.D.Cal 2016). Represented in securing summary judgment resulting in eventual dismissal of all claims with prejudice in connection with multi-state insurance fraud scheme.
Education
- State University of New York at Binghamton, B.A.
- Hofstra University School of Law, J.D.
Bar Admissions
- State of New York
- U.S. District Court Northern District of New York
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of New York
- U.S. District Court Western District of New York
- U.S. Bankruptcy Court Northern District New York
- U.S. Bankruptcy Court Southern District New York
- U.S. Bankruptcy Court Eastern District New York
- U.S. Bankruptcy Court Western District New York
- U.S. District Court District of Michigan
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit