Russell P. Cohen
Partner
San FranciscoRussell Cohen is a partner in Orrick's San Francisco office with experience litigating antitrust and other complex business disputes on behalf of companies and individuals, particularly in the technology sector.
Russell has extensive experience representing clients in company-critical antitrust and unfair competition matters, particularly in the technology sector. These complex cases require a deep understanding of issues such as multi-sided platform economics and strategy, software interoperability and the duty to disclose interface information; IP-related antitrust claims; and employee non-compete and other mobility-restricting arrangements. 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 in arbitration and international forums.
Russell also represents clients in other complex business disputes, including venture capital investor disputes, insurance recovery for financial, property and other losses, and other commercial matters in federal and state court, and in arbitration proceedings.
Russell also works with clients on data-breach response efforts, including utilizing cyber insurance as part of a coordinated, comprehensive strategy for managing and recovering from data breaches.
Russell is committed to pro bono legal work and community service. He was counsel in the successful Alien Tort Statute case against one of the assassins of Archbishop Oscar Romero, who was murdered in El Salvador in 1980. He is currently representing a parent and child separated at the Southern border, has represented former Guantanamo detainees pursuing 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.
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The following is a sample of his notable clients and cases.
Antitrust
- In re Delta Dental Antitrust Litigation. Defending Delta Dental companies in antitrust challenge to Delta Dental business structure.
- Netflix. Representing Netflix in challenge to Fox's use of long-term exclusive services agreements with business executives as anti-competitive and a violation of California's pro-mobility public policy.
- Microsoft. Representing Microsoft over almost two decades 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, competition litigation in Canada, and in connection with patent misuse claims in the ITC. Russell also prepared an amicus brief in the US Supreme Court on behalf of Microsoft, Coca-Cola and others in Texaco v. Dagher concerning antitrust liability of joint ventures.
- Dyson. Represented Dyson in obtaining dismissal of Walker process and Handgards antitrust claims in Cornucopia Products LLC v. Dyson Incorporated.
- Canadian Antitrust Proceedings. Represented CP Ships and Superior Propane in contested merger proceedings in Canada.
Cyber and Insurance
- Medidata. Representing Medidata in 2d Circuit appeal of district court decision finding insurance coverage for computer fraud.
- Sony. Represented Sony in pursuing property and liability insurance claims arising out of cyber attacks on its online gaming, video and music networks.
- HP. Represented HP in litigation seeking insurance coverage for data loss due to employee sabotage.
Venture Capital
- 1955 Capital. Representing 1955 Capital in investor dispute in arbitration, state court and federal court litigation.
- In re Delta Dental Antitrust Litigation. Defending Delta Dental companies in antitrust challenge to Delta Dental business structure.
