David T. Cohen

Of Counsel

New York, Boston

David’s practice focuses on complex litigation, particularly in the area of privacy and data security. He has extensive experience working with corporate clients that have suffered data breaches or have been accused of privacy violations, defending them against class actions and claims asserted by payment card brands and representing them in connection with federal and state government actions.

In addition, David is a thought leader in the area of privacy and cybersecurity, publishing extensively on the latest issues in the space and serving as a resource to reporters and others writing on breaking legal developments. David is also an active member of the Sedona Conference Working Group 11 on Data Security and Privacy Liability.

  • Outside the office, David performs classical vocal music in the New York City area.
    • LabMD: Represented LabMD in its successful petition to the U.S. Court of Appeals resulting in the first-ever court decision overturning a Federal Trade Commission cybersecurity action.

    • Supervalu Inc.: Represented Supervalu in obtaining full dismissal of all consumer class actions filed over unauthorized network intrusions suffered in 2014.

    • Sony: Represented Sony in government investigations stemming from criminal cyber-attacks on certain of Sony’s computer networks.

    • Wyndham Hotels & Resorts: Represented Wyndham in securing a favorable settlement to terminate a Federal Trade Commission lawsuit stemming from unauthorized network intrusions into certain Wyndham-branded hotels.

    • Heartland Payment Systems: Represented Heartland in obtaining dismissal of issuing bank class actions filed across the nation related to a data security breach.