Jonathan Cohen's focus at Gilbert LLP is on the litigation and resolution of complex, multiparty disputes involving insurance, product liability, and supply-chain issues. Jonathan also counsels clients to help prevent such issues from ever arising.

Jonathan has represented corporate and other policyholders with respect to a wide range of coverage matters, including bodily injury and property damage coverage, food-contamination coverage, asbestos coverage, product recall coverage, technology-related property damage coverage, advertising injury coverage and pharmaceutical-related coverage issues, and directors' and officers' coverage. Jonathan has worked at the forefront of insurance issues relating to mass-tort bankruptcies, representing corporate debtors, claimant committees and bankruptcy trusts in numerous proceedings and negotiations. Additionally, Jonathan has advised corporate and other clients regarding the legal side of risk management and insurance placement.

Some examples of Jonathan’s recent representations include:

• Representing a Fortune 500 food company in insurance negotiations and litigation, including before the Delaware Supreme Court, to secure coverage for claims arising from allegedly tainted peanut butter.
• Arguing insurance-related issues in a U.S. District Court in an appeal in an asbestos bankruptcy case involving more than a billion dollars in insurance assets
• Serving as an expert regarding insurance issues in a diacetyl-related bankruptcy.
• Representing a Global Fortune 500 food company in insurance recovery efforts relating to claims and losses arising out of the use of an allegedly contaminated food flavoring.
• Advising a Fortune 100 pharmaceutical company with respect to insurance claims for various pharmaceutical and asbestos-containing products
• Representing an international food company in negotiating with insurers to secure payments for claims and losses arising from allegedly tainted canned food products.
• Negotiating insurance settlements for claimant committees and a future claimant representative in numerous asbestos-related bankruptcies, securing substantial insurance recoveries for the benefit of the creditors
• Negotiating an insurance settlement agreement for an insulation contractor regarding asbestos-related liabilities, securing hundreds of millions of dollars for the client
• Representing asbestos bankruptcy trusts in litigation and negotiations to successfully obtain insurance coverage for predecessor companies’ liabilities
• Conducting a risk and insurance audit for a privately held food company.
• Negotiating language of product recall insurance policies for three major food manufacturers.
• Counseling a claimant committee in a significant hospital bankruptcy with respect to insurance coverage for directors' and officers' claims and medical malpractice liabilities
• Counseling a large food manufacturer with respect to insurance-related aspects of a merger.
• Arguing an appeal in U.S. District Court in a case involving confidentiality issues under an insurance settlement agreement
• Advising a Fortune 500 food company with respect to potential insurance coverage for consumer protection and mislabeling claims.
• Counseling two food companies on the renewal of their insurance portfolios.

Jonathan also has an active pro bono practice and is chair of the Firm’s Pro-Bono Committee.  Jonathan regularly represents civil rights organizations in amicus efforts before the U.S. Supreme Court and he has filed amicus briefs in seven U.S. Supreme Court cases, including a challenge to the affordable care act, challenges to race-based admission policies in educational institutions, a case involving Native Hawaiians' land rights, a challenge to race-conscious criteria applied to awarding of government contracts, and a case involving a voter identification requirement. He also wrote an amicus brief in the Ninth Circuit Court of Appeals in the "Don't Ask Don't Tell" case. He assisted a client in preparing testimony before Congress supporting the reauthorization of the Voting Rights Act. He authored a brief filed in the Fourth Circuit Court of Appeals successfully challenging the constitutionality of INS regulations on behalf of a Kosovar Albanian applying for political asylum. Jonathan served as pro bono counsel in three immigration-related appeals in the Ninth Circuit Court of Appeals.  He assisted a civil rights organization with respect to Federal judicial confirmations and nominations.  He negotiated a change in the policy of the Washington, D.C. police department regarding the unconstitutional use of a collateral requirement as applied to homeless individuals. Jonathan also provided insurance-related advice with respect to the federal September 11 Victims' Compensation Fund.

Prior to entering private practice, Jonathan served as a law clerk for Judge Ferdinand Fernandez of the U.S. Court of Appeals for the Ninth Circuit. Additionally, he assisted Justice Ruth Bader Ginsburg of the U.S. Supreme Court in preparing for her confirmation hearing before the Senate Judiciary Committee.

Noteworthy

• Executive Committee, Board of Trustees, National Park Trust, 2010 - present
• National Advisory Counsel for the Asian American Justice Center, 2008 - present
• Board of Editors, The Corporate Counselor, 2007 - present
• Editor-in-Chief, International Tax and Business Lawyer, 1994 - 1995
• Co-Chair, Bankruptcy and Insolvency Subcommittee of the Insurance Coverage Litigation Committee of the ABA Section of Litigation, 2010 - present
• Black belt in Tae Kwon Do

• Potential Rise in Food-related Product Liability Claims Calls for Proactive Risk Management, Westlaw Products Liabilitiy Journal, June 2013
• The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk, We've Got You Covered - Insurance Law Blog, May 9, 2013
• Three Steps To Protect Against The Costs Of Supply Chain Distributions Caused By Mississippi River Flooding, We've Got You Covered - Insurance Law Blog, May 2, 2013
• Risk-Management Mechanisms Associated With Gluten Allergies, We've Got You Covered - Insurance Law Blog, April 1, 2013
• Recent Cases Show Policy Language is Key in Securing Coverage Insurance for Food Contamination Recalls, Food Protection Trends, February 2013
• “Food Fraud Database”: a New Tool to Protect Against Tainted Ingredients, We've Got You Covered - Insurance Law Blog, January 31, 2013
• Seeking Insurance Coverage For FDA Inspections Under FSMA, Law360, January 30, 2013
• Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute, We've Got You Covered - Insurance Law Blog, January 14, 2013
• Rise in Food Contamination Calls for Proactive Risk Management in 2013, We've Got You Covered - Insurance Law Blog, January 11, 2013
• Companies Need to Review Their Insurance as FDA Announces First Rules Under FSMA, We've Got You Covered - Insurance Law Blog, January 7, 2013
• Ten Things Every Company Needs to Know About Insurance Coverage for Superstorm Sandy, We've Got You Covered - Insurance Law Blog, November 20, 2012
• Mold, Asbestos, and Raw Sewage – The Toxic Stew that Sandy Left Behind, We've Got You Covered - Insurance Law Blog, November 12, 2012
• Food Companies May Have Insurance Coverage For Lost Profits Due To Hurricane Sandy, Even If They Are Well Outside Of The Directly Affected Area, We've Got You Covered - Insurance Law Blog, November 2, 2012
• Hurricane Sandy - How Insurance Can Help Cover Businesses' Costs to Rebuild, We've Got You Covered - Insurance Law Blog, November 2, 2012
• Managing the Financial Risks of Changes in the Regulation of Food Manufacturing and Distribution, Inside the Minds: Recent Developments in Food and Drug Law, 2013, ed., November 2012
• The FCPA and Insurance Coverage: Five Strategies for Protecting Against the Financial Costs of an FCPA Claim, The Corporate Counselor, November 2012
• What Gilbert LLP Wants You To Know About Insurance Coverage For Superstorm Sandy, Gilbert LLP Alert, November 1, 2012
• Hot Stuff and Little Lady: Two Food Recall Insurance Coverage Cases with Two Different Outcomes, We've Got You Covered--Insurance Law Blog, July 23, 2012
• Staying Afloat Through The Flood: Contingent Business Interruption Insurance May Pay For Losses Caused By Supply-Chain Disruptions Resulting From The Mississippi River Flooding, The Corporate Counselor, July 2011
• Managing Supply-Chain Risks Post Goodyear, McIntyre, Law360, July 18, 2011
• Off-Label Drug Marketing: Limiting Potential Liability Through Risk and Claims Management, Bloomberg Law Reports, July 15, 2011
• Five Steps for Managing the Risks Associated with Sensitive Data, The Corporate Counselor, June 2010
• Managing Food Product Liability Risks in the New Decade, Food Safety Magazine, April 2010
• Five Tips for Recovering Insurance Coverage For HVP Recalls And Claims, March 10, 2010
• Bankruptcy Court Sets Bar Date for Peanut Corporation of America Claims, May 27, 2009
• Insurance Industry Gives Food Industry an Upset Stomach, March 2009
• Managing the Risks of Chinese Manufacturing and Imports, The Corporate Counselor, June 1, 2008
• Protecting Against Product Liability and Recalls, Risk & Insurance, April 15, 2008
• Insurance Coverage for Contractors' Asbestos Liabilities: Key Settlement Issues, NIA News, January 2008
• Non-Products Coverage for Contractors' Asbestos Liabilities, NIA News, August 2007
• Plan Response to Food Crisis, California Farmer, April 9, 2007
• Protecting Your Company From Consumer Protection Claims, The Corporate Counselor, March 30, 2007
• Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeals (University of Michigan Press, 2002)

• Product Liability Food Safety Claims, June 13, 2013
• GMA Litigation Conference, Evolving Regulations for Food Manufacturers – Managing Risk in a Changing Culture, February 20, 2013
• GMA Litigation Webinar: Current Issues and Trends in Social Media, Supply Chain Litigation and Foodborne Illness Outbreaks, December 5, 2012
• The Imperfect Storm: Surfacing Coverage Issues in Sandy's Wake, November 27, 2012
• Managing Supply/Value Chain Management: Key Issues and Corrective Measures, Global Outsourcing Association of Lawyers (GOAL), November 19, 2012
• Food Safety Claims: Products Liability Issues, Mastering the Standards for Fault, Causation, and Damages in Foodborne Illness Litigation, December 8, 2011
• 5th National Forum on Food-Borne Illness Litigation, Advanced Strategies for Defending High Profile Food Contamination Claims, November 30, 2011
• RIMS 2011 Annual Conference and Exhibition, Recall Planning and Execution: Strategies for Managing and Paying for Recall Risks, May 1, 2011
• Grocery Manufacturers Association 2011 Food Claims and Litigation Conference, Who Pays for the Losses Resulting from Food-Related Product Contaminations and Recalls?, February 22, 2011
• Food Safety Compliance Strategies, Regulatory and Legislative Updates and Best Practices in Traceability, Pathogen Prevention, and Quality Assurance, September 23, 2010
• Food Safety Regulatory Compliance, Responding to Increased Government Enforcement, Product Scrutiny & Litigation Exposure, June 28, 2010
• Grocery Manufacturers Association Food Claims and Litigation Conference, What Every Food Industry Defense Lawyer Needs to Know about Bankruptcy, February 24, 2010
• Chinese Manufacturing and Imports: Effective Approaches for Anticipating Challenges and Managing Risks, American Conference Institute, November 11, 2009
• URMIA 40th Annual Conference, Tuning Your Risk Management Skills, September 12, 2009
• RIMS 2009 Annual Conference and Exhibition, Food for Thought: Managing the Risks of Product Liability and Recalls, April 21, 2009
• 13th Annual Drug and Medical Device Litigation, Expert Strategies for Leading Litigators and In-House Counsel, December 10, 2008
• Food Borne Illness Litigation, Advanced Strategies for Assessing, Managing and Defending Claims of Food Contamination, December 3, 2008
• Food and Product Recall Strategies: Insurance Coverage Issues-A Comprehensive Overview, Mealey's Conference, April 14, 2008
• Managing the Risks of Manufacturing in China: Determining the Appropriate Levels of Insurance for Your Risk Exposure and Evaluating Which Insurance Products Will Prove Most Effective, American Conference Institute, February 28, 2008
• American Conference Institute: Defending Fraud Claims in Consumer Class Actions, October 15, 2007
• Defending Consumer Protection Class Actions: Consumer Products Crisis Management -- Dealing with the Media Frenzy and Preserving Your Corporate Integrity, May 21, 2007

• FSMA: Review risk mitigation strategies and insurance policies, Food Engineering Magazine, February 6, 2013
• Nor'easter complicates insurance for Sandy-struck businesses, Reuters, November 8, 2012
• Nor'easter complicates insurance for Sandy-struck businesses, CNBC, November 8, 2012
• As Demand For Recall Policies Surges, Coverage Obstacles Lurk, Law360, October 25, 2012
• Zion National Park Property Protected, October 11, 2012
• Missouri Federal Judge Strikes Expert Testimony In Asbestos Coverage Suit, Mealey's Litigation Report: Asbestos, April 18, 2012
• Cross Border Transactions, President & CEO, October 2011
• Midwest Flooding Has Long-Term Supply Chain Impact, supplychaindigital.com, September 2011
• Asian American Organizations Lead Amicus Brief Challenging Don't Ask, Don't Tell, April 5, 2011
• Specialty Insurers May Thrive On New Food Regs, Law 360, January 25, 2011
• Risk Prevention, Mitigation Key with Product Recalls, Business Insurance, May 4, 2009
• Food Recall Insurance Payout: How Not to Get Tied Up in Knots, GMA Forum Centennial Issue, September 2008
• Backdating Suits Seek More Than Reforms, Business Finance, May 1, 2007
• Back to Backdating, Risk and Insurance, April 2007
• GHR Receives Pro Bono Award, October 7, 2004
• On the Move, Legal Times, January 19, 2004