Roger L. Cohen

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ASSISTANT: Susan Stimson
Roger L. Cohen

Roger Cohen has over 40 years’ experience as a business attorney, representing clients in both litigation and transactions. He has a deep knowledge and understanding of commercial law and the litigation process and is a forceful and effective advocate for his clients. Roger’s experience as a transactional attorney adds value in the litigation setting, as he can relate the documentation process to issues that arise in business and commercial disputes. Conversely, his knowledge and skill as a litigator affords him an advantage in negotiating and drafting settlement agreements with maximum protections to his clients. This unique blend of expertise is particularly useful in workout representation.

He has long-standing relationships with business clients in a variety of industries, providing business counseling, transactional assistance and litigation services. For over 30 years, he has represented an independent escrow company, successfully defending numerous claims asserting alleged breaches of contract and fiduciary duties. He acted as Arizona lead counsel in an 18-year multiple state legal battle arising out of a jojoba investment scheme, and was litigation counsel for the receiver of a group of lenders taken over as the result of a Ponzi scheme investigation. Roger has obtained favorable results, through trial or settlement, for clients in a variety of matters, including legal and accounting malpractice, shareholder and partner disputes, employment contract and restrictive covenant disputes, bankruptcy adversary proceedings, and complex collections.

Roger has published articles and spoken on a variety of topics, including the Arizona homestead and judgment lien statutes, Uniform Commercial Code Articles 2 (sales) and 9 (secured transactions), attorney conflicts and misconduct, bankruptcy appeals, and civil procedure. His article Foreign Judgments and Community Property” was published in Arizona Attorney in November, 2009 and he co-authored “The Top 50 Leading Cases that Shaped Life and Law in Arizona’s First 100 Years” published in Arizona Attorney in February 2012. He is co-author of a chapter of the recent Thompson Reuters publication, “Inside the Minds: Strategies for Consumer Bankruptcy Appeals”.

A former law clerk to the Honorable Duke Cameron, former Chief Justice of the Arizona Supreme Court, Roger has substantial experience as an appellate practitioner, having supervised and written numerous appellate briefs and argued cases in the Arizona Supreme Court, Arizona Court of Appeals, California Court of Appeals, and Ninth Circuit Court of Appeals. His published decisions include: Phares v. Nutter, 125 Ariz. 291, 609 P.2d 561 (Ariz. Supreme Court 1980) (established right to debtor to seek relief from judgment registered under the Uniform Enforcement of Foreign Judgments Act); Corporate Inv. Business Brokers v. Melcher, 824 F.2d 786 (9th Cir. 1987) (reversing District Court and holding that Colorado franchisee was subject to jurisdiction in Arizona in suit brought by franchisor); Mid Kansas Federal Sav. and Loan Ass’n of Wichita v. Dynamic Development Corp., 167 Ariz. 122, 804 P.2d 1310 (Ariz. Supreme Court 1991) (counsel for amicus curiae Southwest Savings & Loan Assoc.); Anderson v. Contes, 212 Ariz. 122, 128 P.3d 230 (Ariz. App. 2006); Austin Shea (Arizona) 7th Street and Van Buren, L.L.C. v. City of Phoenix, 213 Ariz. 385, 142 P.3d 693 (Ariz. App. 2006) and Rackmaster Systems, Inc. v. Maderia, 219 Ariz. 60, 193 P.3d 314 (Ariz. App. 2008).

Professional Experience

  • Long-standing relationships with business clients in a variety of industries including: escrow, business brokerage, real estate, manufacturing, and equipment dealerships
  • Experienced corporate, business and real estate transactional attorney with extensive experience in negotiating and documenting business purchases and sales and other transactions
  • Extensive litigation experience, having successfully litigated numerous cases in state and federal courts, with emphasis on contract disputes, professional negligence, escrow liability defense, business fraud and complex civil litigation
  • Particular expertise in matters governed by Uniform Commercial Code – UCC Article 2 (sales) and Article 9 (secured transactions)
  • Experienced appellate counsel, having written briefs and argued cases in Arizona and California Court of Appeals, Arizona Supreme Court and 9th Circuit Court of Appeals.
  • Law clerk to the Honorable Duke Cameron, former Chief Justice of the Arizona Supreme Court, 1975-76
  • Author and lecturer on various topics, including civil procedure, secured transactions and legal ethics; published articles include – “Preserving the Family Farm in an Urban Age: Recent Changes to the Arizona Judgment Lien and Homestead Statutes,” Arizona Attorney, September 1997; “Foreign Judgments and Community Property,” Arizona Attorney, November 2009
Education
  • J.D., with honors, Order of the Coif, George Washington University Law School, 1975
  • B.A., cum laude, Claremont McKenna College, 1972
Bar Admissions
  • Arizona, 1976
  • California, 1975
  • U.S. District Court, District of California
  • U.S. Court of Appeals, Ninth Circuit
Community Involvement
  • Board of Directors, Camp Swift Foundation
  • Past President, Temple Kol Ami
Professional Highlights
  • Wells Fargo Bank N.A. v. Rogers, 239 Ariz. 106, 366 P.3d 583 (App. 2016).
  • Hoag v. French, 238 Ariz. 118, 357 P.3d 153 (App. 2015).
  • Rogone v.Correia, 236 Arizona. 43, 335 P.3d 1122 (App. 2014), review denied (Apr. 21, 2015). Click here to read decision.
  • BT Capital, LLC v. TD Serv. Co. of Arizona, 229 Ariz. 299, 275 P.3d 598 (2012)
  • Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th Cir. 2010)
  • Rogone v. Sasser, --P. 3d ---(9/25/2014), Click here to read decision.
  • Phares v. Nutter, 125 Ariz. 291, 609 P.2d 561 (Ariz. Supreme Court 1980) (established right to debtor to seek relief from judgment registered under the Uniform Enforcement of Foreign Judgments Act)
  • Corporate Inv. Business Brokers v. Melcher, 824 F.2d 786 (9th Cir. 1987) (reversing District Court and holding that Colorado franchisee was subject to jurisdiction in Arizona in suit brought by franchisor)
  • Mid Kansas Federal Sav. and Loan Ass'n of Wichita v. Dynamic Development Corp., 167 Ariz. 122, 804 P.2d 1310 (Ariz. Supreme Court 1991) (counsel for amicus curiae Southwest Savings & Loan Assoc.)
  • Matter of Estate of Ryan, 187 Ariz. 311, 928 P.2d 735 (Ariz. App. 1996); In re Krohn, 203 Ariz. 205, 52 P.3d 774 (Ariz. App. 2002) (counsel for amicus curiae Arizona Trustee Association, Inc.)
  • Case Corp. v. Gehrke, 208 Ariz. 140, 91 P.3d 362 (Ariz. App. 2004)
  • Anderson v. Contes, 212 Ariz. 122, 128 P.3d 239 (Ariz. App. 2006)
  • Austin Shea (Arizona) 7th Street and Van Buren, L.L.C. v. City of Phoenix, 213 Ariz. 385, 142 P.3d 693 (Ariz. App. 2006)
  • Rackmaster Systems, Inc. v. Maderia, 219 Ariz. 60, 193 P.3d 314 (Ariz. App. 2008)
  • Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th Cir. 2010)
  • BT Capital, LLC v. TD Serv. Co. of Arizona, 229 Ariz. 299, 275 P.3d 598 (2012)
Awards & Recognition
  • Rated AV Preeminent by Martindale-Hubbell
  • Best Lawyers in America- Business Organizations (including LLCs and Partnerships), Commercial Transactions/UCC Law - 2016, 2017, 2018, 2019, 2020, 2021, 2022
  • Client Reviewed by Martindale-Hubbell
  • Southwest Super Lawyer: 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022

Roger Cohen - Best Lawyers - 2022

Community Involvement
  • Board of Directors, Camp Swift Foundation
  • Past President, Temple Kol Ami
  • Former Member, Arizona State Bar Arbitration Committee
  • Member, Arizona State Board of Accountancy, Law Review Committee
  • Master of the Bench, Horace Rumpole Inn of Court
Published Cases
  • Wells Fargo Bank N.A. v. Rogers, 239 Ariz. 106, 366 P.3d 583 (App. 2016).
  • Hoag v. French, 238 Ariz. 118, 357 P.3d 153 (App. 2015).
  • Rogone v.Correia, 236 Arizona. 43, 335 P.3d 1122 (App. 2014), review denied (Apr. 21, 2015). Click here to read decision.
  • BT Capital, LLC v. TD Serv. Co. of Arizona, 229 Ariz. 299, 275 P.3d 598 (2012)
  • Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th Cir. 2010)
  • Rogone v. Sasser, --P. 3d ---(9/25/2014), Click here to read decision.
  • Phares v. Nutter, 125 Ariz. 291, 609 P.2d 561 (Ariz. Supreme Court 1980) (established right to debtor to seek relief from judgment registered under the Uniform Enforcement of Foreign Judgments Act)
  • Corporate Inv. Business Brokers v. Melcher, 824 F.2d 786 (9th Cir. 1987) (reversing District Court and holding that Colorado franchisee was subject to jurisdiction in Arizona in suit brought by franchisor)
  • Mid Kansas Federal Sav. and Loan Ass'n of Wichita v. Dynamic Development Corp., 167 Ariz. 122, 804 P.2d 1310 (Ariz. Supreme Court 1991) (counsel for amicus curiae Southwest Savings & Loan Assoc.)
  • Matter of Estate of Ryan, 187 Ariz. 311, 928 P.2d 735 (Ariz. App. 1996); In re Krohn, 203 Ariz. 205, 52 P.3d 774 (Ariz. App. 2002) (counsel for amicus curiae Arizona Trustee Association, Inc.)
  • Case Corp. v. Gehrke, 208 Ariz. 140, 91 P.3d 362 (Ariz. App. 2004)
  • Anderson v. Contes, 212 Ariz. 122, 128 P.3d 239 (Ariz. App. 2006)
  • Austin Shea (Arizona) 7th Street and Van Buren, L.L.C. v. City of Phoenix, 213 Ariz. 385, 142 P.3d 693 (Ariz. App. 2006)
  • Rackmaster Systems, Inc. v. Maderia, 219 Ariz. 60, 193 P.3d 314 (Ariz. App. 2008)
  • Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th Cir. 2010)
  • BT Capital, LLC v. TD Serv. Co. of Arizona, 229 Ariz. 299, 275 P.3d 598 (2012)
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What Our Client's Say

I've been a client of Jaburg Wilk for 4 years. During that time they've helped me with a variety of issues from contracts to representing me in litigation. Gary Jaburg and Roger Cohen did an excellent job navigating the legal waters, but they also have the soft-skills necessary to adapt and work productively with a variety of prickly personalities encountered in the legal profession. My litigation required expertise in several unrelated fields such as 1st amended rights and intellectual property. I'm glad to have a firm with attorneys specializing in each area of my suit, working together as a team to provide the strongest defense possible. Gary and Roger were highly responsive to my questions and available when I needed them. Every phone call and email was answered in a timely manner and they even provided guidance during my non-traditional working hours. I'm glad to have Jaburg Wilk on my team and highly recommend them.
Glenn J.

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