Cohen, Joshua D.

Joshua D. Cohen
Attorney

t: 510.834.6600
f: 510.808.4731
jcohen@wendel.com

Education

University of California, Davis, School of Law; J.D.

University of California, Los Angeles, Theater Arts; B.A.

Admissions

State Bar of California

  • Profile
  • Practice Highlights
  • Affiliations
  • Insights

Josh, who chairs the firm’s Intellectual Property Litigation Group, brings together his years of experience in a wide variety of subject matter disputes to effectively resolve clients’ problems. Having counseled and advocated for clients in many types of commercial disputes, ranging from real estate to technology, he is adept at addressing clients’ sophisticated litigation needs.  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.

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.

Cannabis

Josh has defended cannabis businesses against unfair competition lawsuits and counseled cannabis businesses regarding ways to minimize their exposure to government and private liabilities.

Eminent Domain

Bringing his years of litigation experience to bear, he supports the firm’s Eminent Domain practice, which helps cities, counties, special districts and other public entities, as well as private clients throughout the state, ensure their interests are actively and thoroughly represented in public acquisitions.

  • Tried partnership dispute resulting in $4 million plus verdict for client.
  • Successfully prosecuted developer who sought to subdivide 10,000 acre grazing agricultural preserve into residential lots in violation of local and state law.
  • Defended cannabis business against unfair competition claim by competitor.
  • 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 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.*

*Work done at prior firm.

Contra Costa County Bar Association

  • Intellectual Property Section; member
  • Litigation Section; Board member, former chair

International Right of Way Association

  • Member

Alameda County Bar Association

California Shakespeare Theater

  • Board of Directors

Council One

  • Board of Directors

Josh is a contributing author to three of Wendel Rosen’s blogs: The IP Legal Forum, Food Law, and California Cannabis Law Blog.

Publications

USPTO Stripped of Power to Deny Disparaging or Vulgar Trademarks

USPTO Stripped of Power to Deny Disparaging or Vulgar Trademarks

04/27/2018 | The Recorder

Wendel Rosen intellectual property litigation attorney Joshua Cohen explains the trademark case that stripped the USPTO from blocking disparaging trademarks in this article that first appeared in the April 27,…

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Gold Rush for Cannabis Trademarks

Gold Rush for Cannabis Trademarks

07/06/2017 | Marijuana Venture

Cannabis practice attorney Joshua Cohen discusses the interplay of California and Federal trademark laws as they relate to the cannabis industry in the article "Gold Rush for Cannabis Trademarks," which…

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6th Circuit Joins Employee Class Action Bandwagon

6th Circuit Joins Employee Class Action Bandwagon

06/13/2017 | Josh Cohen

Previously we wrote about the pendulum swing regarding employee class action waivers; first to one extreme, with the Supreme Court’s 2011 AT&T Mobility LLC v. Concepcion decision, which looked like…

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Date Category Publication Title
05/17/2017 Publication Josh Cohen FDA Recalls FDA Menu Regulations
04/20/2017 Publication Josh Cohen Ethics Committee Blocks Judges From Joining California Cannabis Gold Rush
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09/02/2016 Publication Joshua D. Cohen Class Actions Back from Verge of Extinction
06/06/2016 Publication Allan I. Zackler and Joshua D. Cohen The Legal Angle On General Mills Recall Of 10 Million Pounds Of Flour
06/03/2016 Publication Joshua Cohen 7th Circuit Sets Stage for Supreme Court Arbitration Show Down
05/19/2016 Publication Maggie Grover and Joshua Cohen New Agreements Required to Defend Your Trade Secrets
04/25/2016 Publication Joshua Cohen Deflate-Gate: Second Circuit Reinstates NFL’s Four Game Suspension of Tom Brady

Events

21st Annual Eminent Domain Conference

21st Annual Eminent Domain Conference

10/17/2019 | Bar Association of San Francisco

Wendel Rosen attorneys Joshua Cohen and Les Hausrath, along with Norm Hulberg from Valbridge Property Advisors, will co-present the 21st Annual Eminent Domain conference. Everyone from the experienced and nuanced…

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News

Register Your California Cannabis Trademarks Now

Register Your California Cannabis Trademarks Now

02/16/2018 | Joshua Cohen

[This article originally appeared in Law 360 on February 16, 2018.]   Any cannabis business that is holding its breath waiting for the United States Patent and Trademark Office to…

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Education

University of California, Davis, School of Law; J.D.

University of California, Los Angeles, Theater Arts; B.A.

Admissions

State Bar of California

Josh's Latest Blog Post