Jonathan D. Cogan photo
Jonathan D. Cogan
Lawyer
New York
800 Third Avenue
New York, New York 10022
+1 212 488 1206
New York
800 Third Avenue
New York, New York 10022
+1 212 488 1206

Jonathan D. Cogan serves as lead counsel in high-stakes complex civil litigation. In particular, he focuses on cross-border disputes involving joint ventures, partnerships, and financial products and services. Mr. Cogan has also been involved in some the most prominent recent government enforcement trials and regularly serves as trial counsel in high-profile government enforcement defense matters.

He is the co-author of the book White Collar Crime: Debtor-Creditor Fraud, 2009-2010 edition (West).

Before joining Kobre & Kim, Mr. Cogan practiced at Simpson Thacher & Bartlett LLP, where he focused on financial services litigation in the insurance and securities industries.

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Courts for the Southern, Eastern and Western Districts of New York

Education

  • University of Pennsylvania Law School, JD, cum laude
    (Journal of Labor and Employment Law, Editor; National Trial Team)
  • University of Wisconsin, BA

Accolades

  • The Legal 500 United States, Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense
  • The Legal 500 United States, International Litigation

Select Engagements

Joint Venture & Partnership Disputes

  • Representation of Russian businessmen in New York State Supreme Court in asserting claims against his former joint venture partners and business associates related to a dispute over shares in a Russian oil company.
  • Representation of a Dutch natural resources company as lead U.S. counsel in a multijurisdictional dispute involving US $1 billion relating to a Russian mining joint venture.
  • Representation of an Asia-based company as co-lead trial counsel in seeking US $100 million+ in damages in an International Chamber of Commerce (ICC) arbitration against a large U.S. company relating to a joint venture dispute involving the oil and gas industry.
  • Representation of a hotel investor in a dispute against a joint venture partner in relation to a major Caribbean hotel.
  • Representation of a venture capital firm principal in connection with parallel U.S. and non-U.S. civil litigations stemming from a real estate investment and development dispute in the hospitality industry.
  • Representation of an institutional limited liability company (LLC) member in a joint venture dispute against a private equity firm/co-LLC member regarding a contest for control over a substantial business in the nightclub and gaming industry, involving litigations in New York and Nevada.
  • Representation of a pharmaceutical company in a US $1 billion+ dispute with Middle Eastern-based joint venture investors pending in the Delaware Court of Chancery.
  • Representation of an international Fortune 50 technology company in a contract dispute against its software supplier involving breach of contract, unjust enrichment and ongoing royalty obligations in an action taking place in the U.S. District Court for the Southern District of New York.

Financial Products & Services Litigation

  • Representation of the Federal Housing Finance Agency (FHFA), as conservator for Fannie Mae and Freddie Mac, in litigation concerning mortgage-backed securities in which Fannie Mae and Freddie Mac invested.
  • Representation of a defendant in a dispute regarding the valuation of various illiquid securities traded in the over-the-counter market.
  • Representation of institutional clients in connection with disputes against a large U.S. bank over four credit default swap transactions.
  • Representation of a hedge fund investment manager and its principals in litigation over US $280 million in losses stemming from the Ponzi scheme associated with Bernard Madoff.
  • Representation of a hedge fund administrator in a US $350 million+ dispute in the London Court of International Arbitration (LCIA) regarding services rendered to a Bermuda-based hedge fund.
  • Representation of an investment banking group in connection with a dispute between two international financial institutions involving their respective collateralized debt obligations businesses.
  • Defense of a hedge fund administrator in U.S. litigation initiated by a hedge fund investor who claimed the administrator was liable for losses as a result of an alleged Ponzi scheme perpetrated by the fund’s manager. In addition to defending the case in the U.S., the firm gained significant leverage for the client by countering the plaintiffs’ actions by initiating indemnification rights against the fund in Cayman Islands liquidation proceedings.
  • Representation of a Cayman Islands exempted company, in an action brought by its liquidators, in connection with a US $100 million dispute pending in the U.S. District Court for the Southern District of New York concerning catastrophe bonds.
  • Representation of an investment management company principal in a partnership dispute and a derivative action alleging breach of fiduciary duty.
  • 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.

Insolvency & Debtor-Creditor Disputes

  • 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 U.S. Bankruptcy Court.

Government Enforcement Defense

  • Trial counsel for Dr. Salomon Melgen, co-defendant alongside U.S. Senator Robert Menendez, in the highly publicized U.S. Department of Justice (DOJ) corruption case, resulting in a hung jury after a two-month trial, which was widely reported as a victory for the defense. Following the mistrial, the court granted our motion for judgment of acquittal on seven of the 18 counts charged, resulting in the DOJ’s dropping the case entirely by dismissing all remaining charges with prejudice.
  • Trial counsel for DRW Investments LLC in a highly publicized trial against the U.S. Commodity Futures Trading Commission (CTFC) over alleged improper trading in IDCH contracts and the CFTC’s allegedly vague rule-making activity in relation to anti-manipulation definitions.
  • Trial counsel for 3Red Trading LLC in successfully defeating a motion for preliminary injunction filed by the CFTC after a lengthy evidentiary hearing in connection with a civil enforcement action regarding purported “spoofing” and market manipulation.
 

Professional & Community Involvement

  • American Bar Association, Member
  • INSOL International, 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
  • American Bankruptcy Institute, Member
  • New York City Bar Association, Member

Publications & Presentations

  • Co-author, "Breaking the Rules: 3 Ways to 'Lead' a Direct Examination" (Law360, October 2018)
  • Co-author, "Joint Ventures: Proceed with Caution" (CFO.com, October 2016)
  • Co-author, "How To Use Nonleading Questions On Cross-Examination" (Law 360, September 2016)
  • Co-author, "Getting Justice in International Joint Ventures" (Gas International, August 2015)
  • Panelist, "Alternative Reinsurance — Alternative Restructuring Solutions" (INSOL Bermuda One Day Seminar, Hamilton, June 2015)
  • Litigation Panelist, "Common Pitfalls in Joint Venture Agreements" (Americas Lodging Investment Summit Law Conference, Los Angeles, January 2015)
  • Panelist, "Fraudulent Transfers and Unwinding Transactions" (International Association of Insurance Receivers’ Technical Development Series, Las Vegas, June 2013)
  • Co-author, White Collar Crime Debtor-Creditor Fraud, 2009-2010 Ed. (Thomson West, 2009)
  • Panelist, "Due Diligence of Investment Funds" (Hedge Fund General Counsel Summit, Connecticut, October 2009)

Credentials

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Courts for the Southern, Eastern and Western Districts of New York

Education

  • University of Pennsylvania Law School, JD, cum laude
    (Journal of Labor and Employment Law, Editor; National Trial Team)
  • University of Wisconsin, BA

Accolades

  • The Legal 500 United States, Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense
  • The Legal 500 United States, International Litigation

Engagements

Joint Venture & Partnership Disputes

  • Representation of Russian businessmen in New York State Supreme Court in asserting claims against his former joint venture partners and business associates related to a dispute over shares in a Russian oil company.
  • Representation of a Dutch natural resources company as lead U.S. counsel in a multijurisdictional dispute involving US $1 billion relating to a Russian mining joint venture.
  • Representation of an Asia-based company as co-lead trial counsel in seeking US $100 million+ in damages in an International Chamber of Commerce (ICC) arbitration against a large U.S. company relating to a joint venture dispute involving the oil and gas industry.
  • Representation of a hotel investor in a dispute against a joint venture partner in relation to a major Caribbean hotel.
  • Representation of a venture capital firm principal in connection with parallel U.S. and non-U.S. civil litigations stemming from a real estate investment and development dispute in the hospitality industry.
  • Representation of an institutional limited liability company (LLC) member in a joint venture dispute against a private equity firm/co-LLC member regarding a contest for control over a substantial business in the nightclub and gaming industry, involving litigations in New York and Nevada.
  • Representation of a pharmaceutical company in a US $1 billion+ dispute with Middle Eastern-based joint venture investors pending in the Delaware Court of Chancery.
  • Representation of an international Fortune 50 technology company in a contract dispute against its software supplier involving breach of contract, unjust enrichment and ongoing royalty obligations in an action taking place in the U.S. District Court for the Southern District of New York.

Financial Products & Services Litigation

  • Representation of the Federal Housing Finance Agency (FHFA), as conservator for Fannie Mae and Freddie Mac, in litigation concerning mortgage-backed securities in which Fannie Mae and Freddie Mac invested.
  • Representation of a defendant in a dispute regarding the valuation of various illiquid securities traded in the over-the-counter market.
  • Representation of institutional clients in connection with disputes against a large U.S. bank over four credit default swap transactions.
  • Representation of a hedge fund investment manager and its principals in litigation over US $280 million in losses stemming from the Ponzi scheme associated with Bernard Madoff.
  • Representation of a hedge fund administrator in a US $350 million+ dispute in the London Court of International Arbitration (LCIA) regarding services rendered to a Bermuda-based hedge fund.
  • Representation of an investment banking group in connection with a dispute between two international financial institutions involving their respective collateralized debt obligations businesses.
  • Defense of a hedge fund administrator in U.S. litigation initiated by a hedge fund investor who claimed the administrator was liable for losses as a result of an alleged Ponzi scheme perpetrated by the fund’s manager. In addition to defending the case in the U.S., the firm gained significant leverage for the client by countering the plaintiffs’ actions by initiating indemnification rights against the fund in Cayman Islands liquidation proceedings.
  • Representation of a Cayman Islands exempted company, in an action brought by its liquidators, in connection with a US $100 million dispute pending in the U.S. District Court for the Southern District of New York concerning catastrophe bonds.
  • Representation of an investment management company principal in a partnership dispute and a derivative action alleging breach of fiduciary duty.
  • 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.

Insolvency & Debtor-Creditor Disputes

  • 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 U.S. Bankruptcy Court.

Government Enforcement Defense

  • Trial counsel for Dr. Salomon Melgen, co-defendant alongside U.S. Senator Robert Menendez, in the highly publicized U.S. Department of Justice (DOJ) corruption case, resulting in a hung jury after a two-month trial, which was widely reported as a victory for the defense. Following the mistrial, the court granted our motion for judgment of acquittal on seven of the 18 counts charged, resulting in the DOJ’s dropping the case entirely by dismissing all remaining charges with prejudice.
  • Trial counsel for DRW Investments LLC in a highly publicized trial against the U.S. Commodity Futures Trading Commission (CTFC) over alleged improper trading in IDCH contracts and the CFTC’s allegedly vague rule-making activity in relation to anti-manipulation definitions.
  • Trial counsel for 3Red Trading LLC in successfully defeating a motion for preliminary injunction filed by the CFTC after a lengthy evidentiary hearing in connection with a civil enforcement action regarding purported “spoofing” and market manipulation.

Professional & Community Involvement

  • American Bar Association, Member
  • INSOL International, 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
  • American Bankruptcy Institute, Member
  • New York City Bar Association, Member

Publications & Presentations

  • Co-author, "Breaking the Rules: 3 Ways to 'Lead' a Direct Examination" (Law360, October 2018)
  • Co-author, "Joint Ventures: Proceed with Caution" (CFO.com, October 2016)
  • Co-author, "How To Use Nonleading Questions On Cross-Examination" (Law 360, September 2016)
  • Co-author, "Getting Justice in International Joint Ventures" (Gas International, August 2015)
  • Panelist, "Alternative Reinsurance — Alternative Restructuring Solutions" (INSOL Bermuda One Day Seminar, Hamilton, June 2015)
  • Litigation Panelist, "Common Pitfalls in Joint Venture Agreements" (Americas Lodging Investment Summit Law Conference, Los Angeles, January 2015)
  • Panelist, "Fraudulent Transfers and Unwinding Transactions" (International Association of Insurance Receivers’ Technical Development Series, Las Vegas, June 2013)
  • Co-author, White Collar Crime Debtor-Creditor Fraud, 2009-2010 Ed. (Thomson West, 2009)
  • Panelist, "Due Diligence of Investment Funds" (Hedge Fund General Counsel Summit, Connecticut, October 2009)

"Provide[s] sharp and sound advice."

The Legal 500 US