Russell Cohen is a partner in Orrick's San Francisco office with experience litigating antitrust and other business disputes on behalf of companies and individuals, particularly in the technology sector.

Russell has represented clients in complex business litigation for more than 15 years. He has extensive experience with the antitrust laws, particularly as they apply to platform technology companies, implicating issues such as software interoperability and the duty to disclose interface information; IP-related claims, including Walker Process and patent misuse; and distribution and pricing issues. He has represented clients in direct and indirect purchaser antitrust class actions, unfair competition cases and competitor suits in state and federal court, as well as international forums.

Russell is also a member of Orrick's Cybersecurity & Data Privacy practice, working with clients on incident planning and response efforts, including utilizing cyber insurance as part of a coordinated, comprehensive strategy for managing and recovering from data breaches. Exclusively on behalf of policyholders, he has pursued claims and litigated complex insurance disputes to recover for cyber attacks and other losses.  He speaks and publishes frequently in the United States and Canada on cybersecurity litigation and cyber insurance. 

Russell has also represented clients in insurance recovery matters arising under D&O, E&O, CGL, property and crime policies.  He has litigated coverage disputes in federal and state court, and in arbitration proceedings, involving securities claims, employee sabotage, embezzlement and property damage.

Russell is committed to pro bono legal work and community service. He was counsel in the successful Alien Tort Statue case against one of the assassins of Archbishop Oscar Romero, who was murdered in El Salvador in 1980. He represented former Guantanamo detainees seeking damages for torture and unlawful detention, and was amicus counsel for a group of Canadian and international human rights organizations and scholars in the U.S. Supreme Court in Arar v. Ashcroft

  • The following is a sample of his notable clients and cases.

    • Microsoft. Since 2000, represented Microsoft in numerous antitrust matters, including indirect purchaser class actions in California, Minnesota, Iowa and other states, coordinated multidistrict litigation, competitor actions in federal and state courts, foreign litigation and in connection with patent misuse claims in the ITC. Russell also prepared an amicus brief in the U.S. Supreme Court on behalf of Microsoft, Visa and Coca-Cola in Texaco v. Dagher concerning antitrust liability of joint ventures.
    • Sony. Represented Sony in pursuing property and liability insurance claims arising out of cyber attacks on its online gaming, video and music networks.
    • Dyson. Obtained dismissal of Walker process and Handgards antitrust claims in Cornucopia Products LLC v. Dyson Incorporated.
    • Hewlett-Packard. Represented HP in litigation seeking insurance coverage for data loss due to employee sabotage.
    • Canadian Antitrust Proceedings. Represented CP Ships and Superior Propane in contested merger proceedings in Canada.

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