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Guy R. Cohen is a partner in the Intellectual Property; Litigation and Labor & Employment Practice Groups of Davis & Gilbert. He is a seasoned trial lawyer with highly diverse and extensive commercial litigation experience in a number of areas, including:

  • Intellectual Property and False Advertising Litigation
  • Trade Secret and Restrictive Covenant Litigation
  • Employment Discrimination Litigation
  • Complex Contractual Disputes

Mr. Cohen has been recognized in The Legal 500 U.S. (2012-2013) for his expertise in the areas marketing, advertising and IP litigation, and he is regarded by clients as a “strong litigator.” In addition, Mr. Cohen was selected as a Super Lawyer by New York Metro Super Lawyers in 2013.

Before joining Davis & Gilbert, Mr. Cohen was a trial lawyer with the law department of the City of New York, where he handled primarily employment-discrimination and civil-rights cases.

REPRESENTATIVE ENGAGEMENTS

Intellectual Property and False Advertising Litigation:

  • Represented the authors of the screenplay Dodgeball: The Movie in a high-profile copyright-infringement lawsuit against Twentieth Century Fox Film Corp., concerning the feature film Dodgeball: A True Underdog Story. Received a favorable decision denying Fox's summary judgment motion and granting summary judgment dismissing an individual's and a partnership's claims that they possessed joint-authorship and ownership rights in the authors' screenplay. The New York Times ran a feature article on the Dodgeball case on the front page of the Metro Section.
  • Represented a prominent composer in a significant copyright-infringement lawsuit against the Universal Music Group, Dr. Dre and Eminem concerning the song Kill You, the first musical track on The Marshall Mathers LP.
  • Defended a major internet service provider in a copyright-infringement lawsuit concerning a commercial that aired during the Super Bowl.
  • Obtained for a new media company substantial monetary damages and an injunction barring a competitor from violating the Lanham Act by making false statements on its website.

Trade Secret and Restrictive Covenant Litigation:

  • Successfully defended a global packaging and labeling company and its new employee against an injunction sought by the employee's former employer.
  • Obtained on behalf of the inventor and distributor of GoSmile tooth-whitening products dismissal of a derivative lawsuit in which the plaintiff alleged that the inventor's prior employer owned the rights to the products.
  • Successfully represented the licensee of Hello Kitty-branded consumer electronics products against the claim, among others, that the licensee procured the license in violation of his fiduciary obligations to his former employer.
  • Obtained a preliminary injunction barring two high-level marketing executives from soliciting business from customers in violation of their fiduciary duties and restrictive covenants.
  • Represent a major packaging and labeling company in several lawsuits alleging that certain recently hired employees have usurped trade secrets and solicited business in violation of restrictive covenants.
  • Received a preliminary injunction barring two direct-marketing executives from competing with the agency to which they had sold their business. Subsequently obtained a substantial monetary settlement.
  • Successfully represented both employers and employees in disputes involving alleged violations of post-employment restrictive covenants, alleged breaches of fiduciary duty, and claims of tortious interference with contractual relations.


Employment Discrimination Litigation and Counseling:

  • Won defendants' verdicts for employers in seven employment discrimination trials in federal court.
  • Obtained numerous summary judgments dismissing employment discrimination and retaliation claims in cases including: (a) a pregnancy-discrimination claim brought by an apparel-company executive; (b) a retaliation claim brought by a media-agency executive who was discharged shortly after she filed a disability-discrimination claim; (c) a gender-discrimination claim brought by an advertising-agency executive laid off in a reduction-in-force; and (d) a discrimination and hostile-work-environment claim brought by a terminated hospital employee.
  • Successfully represented numerous employers in court, and before federal, state and local administrative agencies, in proceedings involving alleged violations of Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and corresponding state and local laws.
  • Advises employers on personnel issues, including discipline and discharge of employees, sexual harassment investigations, formulation of employment policies, and restrictive covenant issues.
  • Negotiates executive employment agreements and separation agreements.


Contract Disputes:

  • Obtained a federal jury verdict resulting in a $4 million judgment for a law firm in a breach-of-contract dispute with a former client.
  • Received a favorable arbitration award for a holding company in a dispute concerning misrepresentations made in an asset purchase agreement by the seller of a marketing firm.
  • Received a favorable arbitration award for a large advertising agency in a dispute concerning the enforceability of a settlement agreement.
  • Obtained an appellate court reversal of a substantial lost-profits award granted to a computer-consulting firm for alleged breach of a services contract.
  • Obtained an appellate court reversal of a lower court decision that had denied summary judgment to an employer that had terminated an employee during the probationary period set forth in his employment contract.

SPEAKING ENGAGEMENTS

"Litigating Copyright Claims: Recent Developments and Practical Tips," Davis & Gilbert Intellectual Property Litigation Breakfast Seminar, September 21, 2011

PRESS

Mentioned, CourtHouseNews.com: Entertainment Law Digest, "Screenwriter Accuses Fox of Stealing 'Past Life'" by Travis Sanford, August 10, 2011

Quoted, Law360.com, "Horror Writer Targets Fox In 'Past Life' Script Fight,' by Stewart Bishop, August 9, 2011

Quoted, Law360, "Thompson Wigdor Sanctioned Over Attempt To Conceal," by Zach Winnick, May 31, 2011

Quoted, New York Law Journal, "Law Firm Is Sanctioned Over Client’s Concealment in Bias Suit," by Mark Hamblett, May 27, 2011

BAR ADMISSIONS

New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Fordham University, J.D., 1993
Wesleyan University, B.A., 1988


The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

Intellectual Property and False Advertising Litigation:

  • Represented the authors of the screenplay Dodgeball: The Movie in a high-profile copyright-infringement lawsuit against Twentieth Century Fox Film Corp., concerning the feature film Dodgeball: A True Underdog Story. Received a favorable decision denying Fox's summary judgment motion and granting summary judgment dismissing an individual's and a partnership's claims that they possessed joint-authorship and ownership rights in the authors' screenplay. The New York Times ran a feature article on the Dodgeball case on the front page of the Metro Section.
  • Represented a prominent composer in a significant copyright-infringement lawsuit against the Universal Music Group, Dr. Dre and Eminem concerning the song Kill You, the first musical track on The Marshall Mathers LP.
  • Defended a major internet service provider in a copyright-infringement lawsuit concerning a commercial that aired during the Super Bowl.
  • Obtained for a new media company substantial monetary damages and an injunction barring a competitor from violating the Lanham Act by making false statements on its website.

Trade Secret and Restrictive Covenant Litigation:

  • Successfully defended a global packaging and labeling company and its new employee against an injunction sought by the employee's former employer.
  • Obtained on behalf of the inventor and distributor of GoSmile tooth-whitening products dismissal of a derivative lawsuit in which the plaintiff alleged that the inventor's prior employer owned the rights to the products.
  • Successfully represented the licensee of Hello Kitty-branded consumer electronics products against the claim, among others, that the licensee procured the license in violation of his fiduciary obligations to his former employer.
  • Obtained a preliminary injunction barring two high-level marketing executives from soliciting business from customers in violation of their fiduciary duties and restrictive covenants.
  • Represent a major packaging and labeling company in several lawsuits alleging that certain recently hired employees have usurped trade secrets and solicited business in violation of restrictive covenants.
  • Received a preliminary injunction barring two direct-marketing executives from competing with the agency to which they had sold their business. Subsequently obtained a substantial monetary settlement.
  • Successfully represented both employers and employees in disputes involving alleged violations of post-employment restrictive covenants, alleged breaches of fiduciary duty, and claims of tortious interference with contractual relations.


Employment Discrimination Litigation and Counseling:

  • Won defendants' verdicts for employers in seven employment discrimination trials in federal court.
  • Obtained numerous summary judgments dismissing employment discrimination and retaliation claims in cases including: (a) a pregnancy-discrimination claim brought by an apparel-company executive; (b) a retaliation claim brought by a media-agency executive who was discharged shortly after she filed a disability-discrimination claim; (c) a gender-discrimination claim brought by an advertising-agency executive laid off in a reduction-in-force; and (d) a discrimination and hostile-work-environment claim brought by a terminated hospital employee.
  • Successfully represented numerous employers in court, and before federal, state and local administrative agencies, in proceedings involving alleged violations of Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and corresponding state and local laws.
  • Advises employers on personnel issues, including discipline and discharge of employees, sexual harassment investigations, formulation of employment policies, and restrictive covenant issues.
  • Negotiates executive employment agreements and separation agreements.


Contract Disputes:

  • Obtained a federal jury verdict resulting in a $4 million judgment for a law firm in a breach-of-contract dispute with a former client.
  • Received a favorable arbitration award for a holding company in a dispute concerning misrepresentations made in an asset purchase agreement by the seller of a marketing firm.
  • Received a favorable arbitration award for a large advertising agency in a dispute concerning the enforceability of a settlement agreement.
  • Obtained an appellate court reversal of a substantial lost-profits award granted to a computer-consulting firm for alleged breach of a services contract.
  • Obtained an appellate court reversal of a lower court decision that had denied summary judgment to an employer that had terminated an employee during the probationary period set forth in his employment contract.

SPEAKING ENGAGEMENTS

"Litigating Copyright Claims: Recent Developments and Practical Tips," Davis & Gilbert Intellectual Property Litigation Breakfast Seminar, September 21, 2011

PRESS

Mentioned, CourtHouseNews.com: Entertainment Law Digest, "Screenwriter Accuses Fox of Stealing 'Past Life'" by Travis Sanford, August 10, 2011

Quoted, Law360.com, "Horror Writer Targets Fox In 'Past Life' Script Fight,' by Stewart Bishop, August 9, 2011

Quoted, Law360, "Thompson Wigdor Sanctioned Over Attempt To Conceal," by Zach Winnick, May 31, 2011

Quoted, New York Law Journal, "Law Firm Is Sanctioned Over Client’s Concealment in Bias Suit," by Mark Hamblett, May 27, 2011

BAR ADMISSIONS

New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Fordham University, J.D., 1993
Wesleyan University, B.A., 1988


The Legal 500 - The Clients Guide to Law Firms