Joel M. Cohen
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Joel M. Cohen
Partner
T: +1 212.351.2664
F: +1 212.351.6264

Joel M. Cohen is a partner in the New York office of Gibson, Dunn & Crutcher LLP.  He is a member of the firm's Commercial Litigation, White Collar Defense and Investigations, Securities Litigation, and Antitrust Practice Groups.

Mr. Cohen, a former federal prosecutor and experienced trial lawyer, focuses his practice on white collar, regulatory, securities and commercial litigation, and internal investigations. He has led or participated in over two dozen criminal and civil trials in federal and state courts.  Mr. Cohen has extensive experience in securities and financial institution litigation, class actions, product liability, market manipulation, anti-corruption, money laundering, and forfeiture, with a particular focus on international disputes and discovery. 

Mr. Cohen has successfully participated in some of the most high-profile matters in the United States, including the summary judgment obtained for Citi in a class action seeking over $13 billion in damages for its alleged role in the Parmalat collapse.  Mr. Cohen co-tried a seven-week jury trial for AllianceBernstein in which the Florida state pension fund attempted to recover $3.2 billion in losses sustained in Enron and other stocks, and successfully defended the same client in other significant Enron-related litigations, one of which resulted in an award of attorney's fees and costs for his client.  He is the lead attorney for Wynnefield Capital in the defense against an SEC insider trading action.  Mr. Cohen recently convinced the SEC to decline prosecution of a major accounting firm for alleged violations of the auditor independence rules. He has designed global anti-corruption programs for banks, advised clients in sensitive corruption investigations, and has represented oil and gas companies in two significant FCPA enforcement matters. He has represented audit and special committees of public companies and private company boards of directors in connection with allegations of wrongdoing.  He also has represented, including at trial, tobacco and firearms producers in product liability actions  and counsels individuals and entities in a broad range of federal and state criminal, regulatory, and international issues.

Mr. Cohen previously was the Head of the U.S. Litigation & Dispute Resolution Practice at Clifford Chance, where he practiced from 2004 to 2009.  From 1999 to 2004, he practiced with Greenberg Traurig.  From 1992 to 1999, he served as Assistant United States Attorney in the Eastern District of New York, supervising the Business/Securities Fraud Unit, where he received numerous awards from the Department of Justice and law enforcement agencies.  His efforts in one celebrated investigation are the focus of a motion picture about to be directed by Martin Scorsese.  He was an adviser to OECD in connection with the effort to prohibit corruption in  international transactions and was the first Department of Justice legal liaison advisor to the French Ministry of Justice.  Mr. Cohen has published several articles on securities, international and white-collar litigation issues and has been a presenter and chair at many professional conferences. He is also a frequent commentator in print and television media. In 2009 and 2010, Mr. Cohen was named a "Litigation Star" by Benchmark Litigation, and his work is noted by Legal 500 in the areas of white collar criminal defense and securities litigation.

Mr. Cohen received his Bachelors degree from Middlebury College, his Masters degree in History from Duke University and his Juris Doctor from Duke University Law School, where he was a moot court champion. He is a member of the bars of New York and Massachusetts.

Recent speaking engagements:

  • "The New SEC Individual Cooperation Initiative," Webinar Presentation, March 11, 2010
  • ACI FCPA-Health Sciences Conference, New York, May 2010
  • ACI Annual FCPA Conference, Washington, D.C., November 2008
  • Legal IQ Annual Securities Litigation Conference, New York, May 2008
  • "Ethics and Experts," 2007 Antitrust Law Section Symposium, New York State Bar Association

Recent Publications:

  • "Erosion of the Fiduciary Duty Requirement in Insider Trading Actions," Securities Litigation Journal, American Bar Association, (Spring 2010)
  • "Narrow, Don’t Abolish:  The Facilitating Payments Exception to the FCPA," The New York Law Journal, July 8, 2010
  • "Mutual Fund Litigation Triggered By the Credit Crisis," The Review of Securities & Commodities Regulation, June 3, 2009
  • "Under the FCPA, Who is a Foreign Official Anyway?"  The Business Lawyer, 2008
  • "Due Diligence Under the Foreign Corrupt Practices Act: Defining a Foreign Official," Clifford Chance US Regulatory & White Collar Update, 2008
  • "Anti-Money Laundering Laws and Regulations for Broker-Dealers: Spotlight on Foreign Broker-Dealers," Clifford Chance Client Memo, 2008
  • "The U.S. Foreign Corrupt Practices Act and its Application to Foreign Companies that Do Not Issues Securities in the U.S.," Clifford Chance Client Memo, 2008
  • "Five Things to Know About the FCPA," Corporate Compliance Zeitschrift, January 2008
  • "SEC on Corporate Penalities: Two Steps Forward, One Step Backward," New York Law Journal, February 2006
  • "Toward True Deterrence of Government Misconduct," New York Law Journal, October 2004
  • "Regulation FD," New York Law Journal, October 2002
PRACTICES
EDUCATION
  • Duke University, 1988
  • Juris Doctor
  • Duke University, 1988
  • Master of Arts
  • Middlebury College, 1984
  • Bachelor of Arts
ADMISSIONS
  • Massachusetts Bar
  • New York Bar
RECENT PUBLICATIONS