Joseph Cohen

Practice Areas

Joe Cohen leads the firm’s Litigation Practice Group and is ranked nationally by Chambers USA among the leading lawyers for Product Liability & Mass Torts. His practice focuses on handling the defense of catastrophic injury and wrongful death cases arising from allegations of products liability (including pharmaceuticals and medical devices), chemical and substance exposure, general negligence, and commercial litigation. Joe has successfully tried cases to verdict and engaged in extensive motion practice, including complex summary judgment issues and intricate challenges to experts in a variety of disciplines. He has handled matters in over 35 states and in multiple counties throughout the state of Texas.

Joe also provides individual representation to employees (current and former) of pharmaceutical and medical device manufacturers and biotech companies in both civil and criminal contexts, including U.S. Department of Justice and State Attorneys General investigations. In particular, Joe has extensive experience representing these individuals as defendants and non-party witnesses in lawsuits, and as Witnesses and Subjects in governmental investigations, including preparing and presenting individuals for proffers and before grand juries. While Joe has represented these current and former employees across multiple divisions and at multiple levels within pharmaceutical and device companies, he has a particularly significant amount of experience representing individuals from the Sales and Marketing departments of those companies.

In addition to his products liability practice, Joe handles disputes related to fraud, theft of trade secrets, non-competition matters, deceptive trade practices, breach of contract, commercial and residential lease disputes, and copyright and trademark infringement, including the Anti-Cybersquatting Consumer Protection Act (ACPA).

Professional Memberships

International Association of Defense Counsel (IADC):

IADC Board of Directors, Member

Foundation of the IADC Board of Directors, Member

Drug, Device, and Biotechnology Committee, Chair and Former Vice-Chair of Membership and Vice-Chair of Diversity

Diversity, Equity, and Inclusion Committee, Member and Former Past Chair, and 2021 President’s Award Recipient for the Diversity, Equity, and Inclusion Committee’s Active Ally Program

Membership Committee, Member and Former Chair, and 2019 Fullam Irick Award Recipient honoring exceptional work by a Committee Chair

Engagement and Retention Committee, Member

Ambassador Program, Member

2021 Mid-Year Meeting, CLE Steering Committee Chair

2020 Mid-Year Meeting, Hospitality Chair

2017 Mid-Year Meeting, First-Timers Chair

DRI - The Voice of the Defense Bar, Member:

Law Institute Member

Board of Directors (Former National Director)

Product Liability Committee, Steering Committee, Member (2015 Seminar Chair, Former E-Discovery SLG Chair and Newsletter Editor)

Drug and Medical Device Committee, Steering Committee and Seminar Planning Committee, Member

Data Management and Security Committee, Former Chair

Law in Transition Committee, Member

Technology Committee, Former Vice-Chair

Casetext, Products Liability Editorial Advisory Board

State Bar of Texas, Member

Houston Bar Association, Member

Texas Bar Foundation, Fellow

Publications

"Critical Marketing and Advertising Issues for Product Manufacturers," In-House Defense Quarterly Summer 2018

09.01.2018

Experience

Pharmaceuticals / Products Liability:

● Represented major pharmaceutical manufacturers in lawsuits arising from the use of both prescription and

over-the-counter medications alleged to have caused Stevens-Johnson Syndrome and Toxic Epidermal

Necrolysis, and resulting catastrophic injuries and death.

● Represented a pharmaceutical manufacturer in a suit alleging Stevens-Johnson Syndrome: obtained summary

judgment.

● Represented a major pharmaceutical manufacturer in multiple lawsuits arising from the use of two

prescription drugs, including participation in the management and supervision of the entire case docket.

● Represented a major pharmaceutical manufacturer involved in mass tort litigation: responsible for handling

matters before a Rule 11 Pre-Trial Judge (for a region covering more than 30 of a state’s counties).

● Represented fitting and valve manufacturers in products liability cases involving allegations of catastrophic

injury.

● Represented multiple product manufacturers, employers and premises owners in cases arising out of

chemical exposure and asbestos, including being a trial team member in multiple asbestos jury trials.

● Represented a tire manufacturer in multiple wrongful death and personal injury suits filed throughout state

relating to rollover accidents and product recall.

Other Litigation:

● Represented a peer-to-peer software developer against allegations of copyright infringement by the major

record labels.

● Represented numerous physicians, dentists and health care facilities in cases involving allegations of

malpractice, including a successful jury trial of dental malpractice case.

● Represented landowners and property managers in premises liability and lease dispute lawsuits, including

successful jury and bench trials.

● Represented various trucking companies in wrongful death and catastrophic injury lawsuits and claims.

● Represented a major oil company in numerous contractual disputes with distributors and retail outlets

throughout the country.

● Represented an employer in an Age Discrimination in Employment Act suit, including participation in a trial

that resulted in a directed verdict on behalf of the employer.

Education

Awards