Joshua D. CohenAttorney

Wendel Rosen Black & Dean LLP 1111 Broadway, 24th FloorOakland, CA 94607
TEL:
510.834.6600
FAX:
510.808.4731
VCARD:
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Alter Ego
Profile

Josh chairs the firm's Intellectual Property Litigation Group. He counsels business, technology and real estate clients, addressing their sophisticated litigation issues.  He represents clients in litigation prevention, mediation, arbitration and trial in state and federal courts. He has a proven track record of success in high-stakes trials, arbitrations, and appeals.

In 1994 Josh served as an extern for Magistrate Judge Gregory G. Hollows, U.S. District Court, Eastern District of California and in 1995 for Assemblyman Phillip L. Isenberg, Chair of Judiciary Committee for the California State Assembly.

Intellectual Property Litigation
Josh has litigated disputes regarding-trade secret misappropriation, high-tech product defects, indemnification and warranty, trademark and copyright infringement, licensing, cannabis related IP issues, and employment matters regarding non-compete, non-solicitation and non-disclosure agreements.

Business Litigation
Josh has litigated all types of breach of contract disputes, including distribution agreements, purchase and sale agreements, loan agreements, ownership disputes including dissolution actions, employment agreements and has litigated actions regarding unfair competition/business practices, fraud, franchise disputes, as well as cases involving breach of warranty and breach of fiduciary duty.

Real Estate/Land Use Litigation
Josh has represented major residential and commercial developers, as well as contractors and individuals, in disputes regarding purchase and sale, brokers' commissions, contractor licensing, non-disclosure/fraud/concealment actions and land use issues.

Lender/Distressed Assets Litigation
Josh has litigated disputes regarding promissory notes, guarantees, receiverships and foreclosures, as well as non-dischargeability of claims and relief from stay in bankruptcy court.
Experience

  • Conducted lengthy bench trial, successfully prosecuting developer who sought to subdivide 10,000 acre grazing agricultural preserve into residential lots in violation of local and state law.

  • Obtained jury verdict and attorneys' fee and cost award for for mail processing company against customer who sought to terminate contract on pretextual grounds.*

  • Negotiated favorable settlement for company threatened with multimillion dollar disgorgement claim for alleged violation of state contractor's licensing rules.

  • Conducted jury trial, successfully defending international manufacturer client and its U.S. subsidiaries against fraud and breach of merger agreement claims brought by acquisition company in California state and federal courts.*

  • Achieved full defense verdict in jury trial for East Bay engineering firm accused of trade secret misappropriation and unfair competition.*

  • Prosecuted fraud action against ASIC manufacturer resulting in eve of trial settlement of $7.1 million in Accton v. Micro Linear in California state court.*

  • Successfully brought action for involuntary dissolution of limited liability company and obtained attorneys' fee and cost award for partners that were being held hostage by managing member.*

  • Negotiated payment for residential buyers from non-disclosing sellers.

  • Negotiated multimillion dollar buyout for investor in closely held online retail company.

  • Achieved favorable settlement for franchisor in multi-state litigation by franchisees alleging antitrust, unfair competition and breach of contract claims.*

  • Defeated restraining order and preliminary injunctions for terminated employees accused of trade secret, breach of non-disclosure and non-compete agreements.*

  • Obtained verdict and attorneys' fees and costs award in bench trial for one of the country's largest residential developers for breach of contract against seller who refused to honor developer's exercise of option.*

  • Obtained complete award plus attorneys' fees and costs in arbitration enforcing client's rights under prior settlement agreement.*

  • Defeated restraining order and preliminary injunctions for terminated employees accused of trade secret, breach of non-disclosure and non-compete agreements.*

 

 

*Work done at prior firm.

Publications


Josh is a contributing author to Wendel Rosen's Intellectual Property Practice Group blog, The IP Legal Forum.


  • "Ninth Circuit Adopts "New" Standard for Dilution by Blurring Five Years Too Late," Bloomberg Law Reports, June 9, 2011
  • "Alter Ego Liability: Getting Pierced Can Really Hurt," February 22, 2011
  • "The Death of the Noncompete?" Workforce Management, October 13, 2008
  • "Ninth Circuit Restricts Copyright Remedies for Delayed Registration," June 16, 2008
  • "Trade Secret Owners Should Look Both Ways When Suing for Misappropriation," June 5, 2008
  • "Predators Feeding on Homeowners," San Francisco Chronicle, June 24, 2006
  • "Remote Network Access Creates Opportunities for Remote Sabotage," East Bay Business Times, May 19, 2006
Affiliations

Contra Costa County Bar Association
  • Intellectual Property Section; member
  • Litigation Section; board member

California Shakespeare Theater
  • Board of Directors

 

Presentations

  • “Handling Your First 50 Depositions” Contra Costa County Bar Association, Litigation Section, Spring 2007
  •  “Advanced Trial Practice Seminar” Contra Costa County Bar Association, Litigation Section, 2006
  •  “Complex Issues in Breach of Contract Litigation” Contra Costa County Bar Association, Litigation Section, 2005
Recognitions

  • Selected for inclusion in the “Best Lawyers in the Bay Area” directory as published by Bay Area Lawyer Magazine, 2005