Russell P. Cohen

Partner

San Francisco

Russell Cohen represents some of the world's leading tech companies in antitrust and other complex business disputes. 

Russ is an experienced litigator with a focus on antitrust and unfair competition disputes, venture capital and other complex litigation, particularly in the technology sector. He has represented industry-leading clients, including Microsoft, LinkedIn, Netflix, Zillow, and others, in federal and state court, and in arbitration proceedings.

Russ is also 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.

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

    Antitrust

    • LinkedIn. Representing LinkedIn in seminal case concerning scraping of LinkedIn profiles.
    • Zillow. Representing Zillow in defending antitrust claims relating to the display of broker listing information.
    • Microsoft. Representing Microsoft over two decades in numerous antitrust matters, including government proceedings, 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. Russ 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 venture
    • In re Delta Dental Antitrust Litigation. Representing Delta Dental companies in multidistrict antitrust challenge to Delta Dental business structure.
    • Netflix. Represented 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.
    • 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.

    Venture Capital

    • Web Summit. Representing Web Summit in investor dispute in state court litigation.
    • 1955 Capital. Representing 1955 Capital in investor dispute in arbitration, state court and federal court litigation.

    Cyber and Insurance

    • Medidata. Represented 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.