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).