Jonathan Cohen is a Founding Partner of Joseph, Cohen & Del Vecchio and serves as the firm’s Head of Litigation. An AV Preeminent-rated attorney with over 30 years of experience, Mr. Cohen is a seasoned trial lawyer who focuses on complex commercial disputes, banking, insurance coverage, employment, trade secrets, and class actions.
He represents a wide range of clients—including financial institutions, corporate officers, and technology companies—in high-stakes litigation involving employment, commercial, and trade secret matters. Mr. Cohen’s advice-and-counseling practice includes employment matters such as wage-and-hour compliance, internal investigations, pay equity, disability leaves, workplace violence, harassment, retaliation, discrimination, and wrongful terminations. He also regularly advises C-level executives in employment negotiations, separation agreements, and indemnification matters.
Representative matters handled by Mr. Cohen include:
Financial Institutions
- Currently representing a financial institution in large-scale litigation over the failure of multiple residential solar dealers; involves Attorney General investigations as well as borrower arbitrations, insurance coverage issues, class actions, adversary actions, and indemnification matters
- Currently representing a financial institution facing more than 80 arbitration actions involving claims of “approve positive settle negative” allegations after CFPB guidance on the issue was removed
- Defended numerous officers and directors of failed banks in fiduciary duty actions initiated or threatened by the FDIC
- Defended a depository institution in unfair competition and Truth in Lending Act claims
- Represented the CEO of a failed credit union under investigation by the NCUA
- Represented a financial institution in a four-week jury trial involving $100 million in taxi medallion loans
- Handled an arbitration against a financial advisor employee who improperly executed a trade order on behalf of the financial institution’s customer, was terminated, and then sued for wrongful termination and defamation
- Advised the Board of Directors of a financial institution in the investigation into a separation of its CEO, including resolution of subsequently filed litigation
- Regularly defend financial institutions in connection with claims under Fair Credit Reporting Act, Rosenthal Fair Debt Collection Practices Act, California Consumer Reporting Agency Act, Fair Debt Collection Practices Act, Electronic Funds Transfer Act, Fair Credit Billing Act, and identity theft issues
Employment
- Represented both an executive and a large insurance brokerage in connection with claims of improper solicitation of customers after the executive’s departure from a previous brokerage
- Defended four claims by prior employees against a financial institution, alleging discrimination and retaliation for whistleblowing activities
- Handled jury trial in Santa Clara County brought by former employee alleging disability discrimination against his technology company employer
- Defended numerous PAGA and class action claims against financial institutions and other employers for alleged violations of wage-and-hour laws
- Defended multiple employers in jury trials and arbitrations involving claims of discrimination, harassment, and retaliation in the workplace
Commercial & Technology
- Represented various technology companies in connection with unfair competition and trade secret matters
- Prosecuted and defended claims against technology companies for violations of licensing agreements, misappropriation of trade dress, and breach of contract
- Regularly represent medical legal consultants and testifying experts in general business matters and defense of overly invasive or improper discovery requests
Admissions and Published Decisions
Mr. Cohen is a member of the State Bar of California and is admitted to practice before the California Supreme Court, and the U.S. District Courts for the Central, Eastern, and Northern Districts of California. His published decisions include Choochagi v. Barracuda Networks, 60 Cal.App.5th 444 (6th Dist. 2020) and Samuel v. ADVO, Inc., 155 Cal.App.4th 1099 (1st Dist. 2007).
Prior Firm Experience
- Partner, Winston & Strawn LLP, San Francisco
- Partner, K&L Gates (formerly Kirkpatrick & Lockhart Nicholson Graham LLP)
- Partner, Carroll, Burdick & McDonough LLP
Education
- J.D., University of California, Hastings School of Law, 1993
- B.A., Washington University in St. Louis, 1990
Mr. Cohen is a frequent speaker and published author on topics related to trial practice, employment litigation, and risk management.
