Richard J. Cohen

Richard J. Cohen

Managing Partner

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Richard Cohen, the firm's Managing Partner, is Co-Chair of the Global Insurance Services Practice Group, Chair of the Professional Liability Practice Group, and a member of the Sports and Entertainment Practice Group. He graduated from the State University of New York at Buffalo's School of Management with distinction and its School of Law cum laude. A trial lawyer with more than 20 years of experience, Rick's practice primarily involves sophisticated insurance coverage and bad faith matters, reinsurance, and D&O and E&O litigation. He has argued in front of New York's highest court, as well as the Second Circuit Court of Appeals.

Rick is well published, and has lectured across the country and in Canada on a wide range of topics involving insurance coverage, bad faith, reinsurance, E&O and D&O issues as well as sports law issues. Among other things, he has several times authored the annual Survey of New York Insurance Law published in the Syracuse University Law Review. He has also written for both Mealey's and Appleman's, including Calculating the Amount of Coverage in New Appleman On Insurance 3d Edition.

Rick is the former National Co-Chair of the Insurance Company Relations Subcommittee of the 22,000 member Defense Research Institute (DRI), and currently serves as Chair of  the National Committee for the Council on Litigation Management. He has been a CPCU instructor and lecturer for more than a decade. He is admitted to practice in all the State and federal courts in New York and Pennsylvania, including the United States Courts of Appeal for the Second and Third Circuits, and has on multiple occasions been selected for inclusion in Business First's Who's Who in Law and to New York Super Lawyers.

Honors
  • Selected for inclusion in Super Lawyers, Corporate Counsel Edition
  • Selected for inclusion in New York Super Lawyers
  • Selected for inclusion in Business First’s Who’s Who in Law
Professional Affiliations
  • Council on Litigation Management: Chair, National Committee
  • Defense Research Institute: Construction Law Committee (Chair, Construction Insurance Coverage Specialized Litigation Group, 2008-2010); Insurance Company Relations Subcommittee (Vice Chair, 2000-2004); Insurance Law Committee; Professional Liability Insurance Specialized Litigation Group; Life, Health & Disability Insurance Committee (Membership Chair, 2000 - 2002)
  • American Bar Association: Torts, Insurance & Compensation Law Section (Insurance Coverage Litigation Subcommittee, Professionals' Officers' and Directors' Liability Subcommittee, Excess, Surplus Lines and Reinsurance Subcommittee)
  • Sports Lawyers Association
  • ARIAS U.S.
  • New York State Bar Association
  • Bar Association of Erie County
  • International Insurance Law Society
  • Pennsylvania State Bar Association
Admitted to Practice
  • New York
  • Pennsylvania
  • U.S. District Court, Western, Southern, Eastern, Northern Districts of New York
  • U.S. Court of Appeals for the Second and Third Circuit
  • U.S. District Court, Eastern District of Pennsylvania
Education
  • State University of New York at Buffalo School of Management, with distinction, B.S., 1986
  • State University of New York at Buffalo School of Law, cum laude, J.D., 1989
Civic Activities
  • Board of Directors, Mathewson-McCarthy Babe Ruth Youth Baseball League, Amherst, New York (2005-2006)
  • Roswell Park Alliance Board (1996-2001): Executive Committee (1999-2001); Corporate Committee, Co-Chair (1996-2001)
  • Instructor - CPCU and AIC Programs (2000-2003)
Publications/Presentations
  • Author, "Calculating the Amount of Coverage," New Appleman On Insurance 3d Edition, Chapter 47, LexisNexis, Spring 2011
  • Presenter, "Hypothetically Speaking-Where is the Coverage?", Defense Research Institute Construction Law Seminar, Las Vegas, NV, October 2010
  • Presenter, "24 Ways to Avoid Getting into Trouble — Best Practices for Managing Agent and Broker E&O Exposures and Claims," CPCU Society Annual Meeting, Orlando, FL, September 2010
  • Presenter, "Emerging Issues for Today's Insurance Professional," CPCU Society Annual Meeting, Orlando, FL, September 2010
  • Presenter, “A Close Examination of the Wasa v. Lexington Decision and its Impact on the Reinsurance Market Moving Forward,” CPCU Society's Reinsurance Symposium in Philadelphia, PA, March 2010
  • Presenter, "Electronic Discovery - Don't Let it Zap You," CPCU Society Annual Meeting, Denver, CO, September 2009
  • Presenter, "Coverage Evaluations and Declaratory Judgment Actions," CPCU Society Annual Meeting, Denver, CO, September 2009
  • Presenter, "Emerging Issues for Today's Insurance Professional," CPCU Society Annual Meeting, Denver, CO, September 2009
  • Presenter, "Emerging Challenges of Electronically Stored Information and E-Discovery," CPCU Society Webinar, May 2009
  • Presenter, "Emerging Developments in Insurance Coverages," CPCU Society Webinar, January 2009
  • Presenter, "Coverage Evaluations and Declaratory Judgment Actions, A Practical Tactical Approach," CPCU Society Workshop, June 2008; CPCU Annual Meeting, Philadelphia, Pennsylvania, August 2008 
  • Co-Author, "Topps Turns the Lights Out on Cool Papa Bell," NYSBA Entertainment, Arts and Sports Law Journal, Summer 2008
  • Presenter, "The Duty to Defend, What Is It and What Does It Really Mean?," CPCU Society Workshop, Philadelphia, PA, June 2008
  • Co-Author, "Insured's Failure to Provide Any Notice of Claim When So Required for Coverage Under the Policy," Mealey's Expert Commentaries, May 2008
  • Co-Author, "The Rangers' Gloves are Off in a Digital Tussle with the NHL," NYSBA Entertainment, Arts and Sports Law Journal, Spring 2008; Entertainment and Sports Lawyer, Winter 2008
  • Author, "Cedant's Latitude in Allocating its Defense and Indemnity Obligation Amongst Policies to be Reinsured: The Follow the Settlements Doctrine Examined," Mealey's Expert Commentaries, March 2008
  • Co-Author and Presenter, "Conflict of Laws in the United States," Canadian Defence Lawyers' National Insurance Coverage Symposium, Toronto, ON, February 2008
  • Co-Author, "Life Insurance Chapter for the Renowned Insurance Treatise," New Appleman's Insurance Law Practice Guide, Matthew Bender & Co., LexisNexis Group, 2008 
  • Co-Author, "When is an Indemnity Agreement Not an Insured Contract? - Contractual Contribution and the Construction Contract Conundrum," DRI, The Voice, February 2007
  • Co-Author, "Construction Site Personal Injury Litigation - New York Law Sections 200, 240(1), 241(6)," New York State Bar Association publication, 2006  
  • Co-Author, "Discovery and Bad Faith Cases," Insurance Law Practice, Second Edition, New York State Bar Association, 2005
  • Contributing Author, "Preparing for and Trying the Civil Lawsuit," Second Edition, New York State Bar Association publication, 2004
  • Co-Author and Presenter, "Bad Faith - Baloney or Real Beef? (The Lurking Dangers of Bad Faith)," Canadian Defence Lawyers Annual Meeting, Toronto, ON, 2004 
  • Author and Presenter, "Fishing at Chelsea Piers: Discovery in Coverage and Bad Faith Cases," DRI Insurance Coverage and Practice Symposium, New York, NY, 2004
  • Co-Author, "2000-2001 Survey of New York Insurance Law," 52 SYR L. Rev. 449, 2002
  • Contributing Author, "Law and Practice of Insurance Coverage Litigation," ABA Tort and Insurance Practice Section, 2002 
  • Co-Author and Presenter, "The Special Investigation Unit - Determining Fraud Proactively," Defense Research Institute Insurance Coverage and Practice Seminar, New York, NY, 2002
  • Co-Author and Editor, "1999-2000 Survey of New York Insurance Law," 51 SYR L. Rev. 563, 2001 
  • Co-Author and Presenter, "New Trends in Declaratory Judgment Actions," Defense Research Institute Insurance Coverage and Claims Institute, Chicago, IL, 2001
  • Co-Author and Co-Presenter, "The Defense Rests . . . But on Whose Shoulders?" Defense Research Institute Insurance Coverage and Practice Symposium, San Francisco, CA, 2000
  • Contributing Author, "Law and Practice of Insurance Coverage Litigation," Choice of Law, West Publications, 2000
  • Author and Presenter, "Shifting the Risk: Anti-subrogation and Additional Insureds," Defense Research Institute Construction, Surety, and Insurance Seminar, Phoenix, AZ, 1999
  • Co-Author, "Insurance Coverage Concerns for the Millennium, The Defense Practitioner's Guide to the Year 2000 Problem," Defense Research Institute Library Series, 1999
  • Author, "Allocation of Defense Costs," Understanding Allocation, Defense Research Institute Library Series, 1999
  • Co-Author, "The Innocent Co-Insured: Coverage under the Homeowners Policy," For The Defense, Defense Research Institute, 1999
  • Co-Author and Co-Presenter, "Coverage Minefield or Walk in the Park?," Defense Research Institute Insurance Coverage and Practice Seminar, San Francisco, CA, 1999
  • Author and Presenter, "Controlling the Defense," Defense Research Institute Excess and Reinsurance Seminar, New Orleans, LA, 1999
  • Author and Presenter, "The Insured's Selection of Defense Counsel," Defense Research Institute, Insurance Coverage and Practice Symposium, San Francisco, CA, 1998
  • Co-Author, "Direct Actions - Current Developments," Insurance Litigation Reporter, 1998
  • Co-Author, "Anti-Subrogation, Additional Insureds and Other Related Issues," Construction-Related Insurance Coverage Issues, DRI Annual Monograph, 1997
  • Co-Author, "Loading and Unloading — The 'Walton Rule' (updated)," New York Department of Insurance Bulletin, 1997
  • Co-Author, "The Anti-Subrogation Rule," TIPS Journal, 1997
  • Co-Author, "Direct Actions: Current Developments (a national perspective)," Defense Research Institute, Insurance Coverage and Practice Symposium, New York, NY, 1997
  • Co-Author, "A Tactical Approach to Declaratory Judgment Actions," For The Defense, Defense Research Institute, 1996
  • Co-Author, "Loading and Unloading — The 'Walton Rule,'" New York State No-Fault/SUM Arbitration Reporter, 1996
  • Co-Author, "The Insured's Entitlement to Select Defense Counsel and the Retention and Use of Coverage Counsel," Defense Research Institute, Insurance Coverage and Practice Symposium, New York, NY, 1996
  • Co-Author, "Contractual Liability Claims and Additional Insureds," Defense Research Institute, Insurance Conference, San Francisco, CA, 1995
  • Co-Author, "Insurance Coverage for Emotional Distress Claims," Defense Research Institute, Insurance Claims Supervisors National Conference, Seattle, WA, 1994
  • Co-Author and Editor, "1993-1994 Survey of New York Insurance Law," SYR L. Rev., 1994
  • Co-Author, "Effectively Preparing Claims Supervisors For Their Deposition and Trial Testimony," Defense Research Institute, Insurance Claims Supervisors National Conference, Boston, MA, 1993
  • Co-Author, "Can The Puzzle Be Solved: Are Punitive Damages Awardable In New York For First-Party Bad Faith?," 44 SYR L. Rev. 723, 1993
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