Cynthia M. Cohen

[email protected]

T: (213) 613-0662
F: (213) 613-0550

“The “unbelievably talented” Cynthia Cohen is best known for her advocacy skills, with sources noting that she always has “complete command of facts and law.” She has a high-quality practice representing a variety of entities, including major lenders and financial institutions.”

-Chambers USA

Cynthia Cohen is a partner in Brown White & Osborn LLP. Ms. Cohen has represented individuals, financial institutions, and other corporations and business entities in bankruptcy and non-bankruptcy cases involving antitrust issues, recovery on notes and debentures, breach of contract, misrepresentation, breach of fiduciary duty,  lender liability, fraudulent transfers and other business and commercial disputes. She has tried and argued a number of complex business and commercial litigation matters in federal and state courts. Ms. Cohen’s combined litigation and bankruptcy background has resulted in her representation of debtors, creditors, creditors’ committees, and trustees in numerous bankruptcies, bankruptcy-related litigation and commercial law matters across the country.

 

Education and Honors

New York University School of Law (J.D., 1970 cum laude); Cornell University, (A.B., 1967); N.Y.U. Law Review; Pomeroy Scholar; N.Y.U. Founders Award; Chambers U.S.A.

 

Professional Associations

Member of the President’s Council of Cornell Women; Member of the Cornell University Council; Past Lawyer Representative to the Ninth Circuit Judicial Conference; Member of the American Bar Association; Member of Board of Governors of Financial Lawyers Conference; Member of Los Angeles Bankruptcy Forum; Member of the New York City Bar Association; Member of the Los Angeles County Bar Association; Member of the Association of Business Trial Lawyers.

 

Bar Admissions

New York; California; Second Circuit Court of Appeals; the federal courts for the Southern and Eastern Districts of New York; the Ninth Circuit Court of Appeals; the federal courts for the Central, Eastern, Northern, and Southern Districts of California; and the United States Supreme Court

Illustrative Representations

 

  • Defense counsel for directors and officers in lawsuit bought by chapter 7 trustee and vendors for breach of fiduciary duty and fraud.
  • Defense counsel in lawsuit brought by minority member of LLCs, limited partnerships and corporation against the individual majority managing member of the LLCs, who was also the general partner of the LLP’s and the CEO and majority shareholder of the corporation, for breach of fiduciary duty.
  • Lead trial counsel for proponents of the competing chapter 11 plan and post-reorganization counsel for the new board of directors in a lawsuit against former directors and officers.
  • Lead plaintiff’s counsel for chapter 7 trustee in lawsuit against former officers of the debtors for breach of fiduciary duty and to recover preferential and fraudulent transfers.
  • Counsel for minority shareholder and board members in class action for breach of fiduciary duty.
  • Plaintiffs’ counsel for the estate representative and the secured lenders in lawsuit against the debtor’s principal, a buyer, the attorneys for the debtor, the attorneys for the buyer and others resulting from aborted fraudulent chapter 11 plan of reorganization.
  • Counsel for plaintiff in Wyle v. Bank Melli, successfully enjoining payment of a letter of credit after a fraudulent demand by Iranian government.
  • Appellate counsel for the secured creditor in its appeal to the Ninth Circuit concerning the classification of a secured creditor’s unsecured deficiency claim and the post-appeal payment of its secured claim.
  • Counsel for secured lender in Standard Brands second chapter 11 case.
  • Counsel in successful defense of $90 million preference claim in the Enron bankruptcy case
  • Counsel for secured lenders in defense of alleged lender liability claims.
  • Counsel for multiple bondholders in defense of LBO fraudulent transfer claims.
  • Defense counsel for the principal selling shareholders in defense of breach of fiduciary duty and fraudulent transfer claims in RB Furniture chapter 11 case.
  • Counsel for secured lenders as plaintiffs in foreclosure and receivership cases.
  • Counsel for indenture trustees as members of official creditor committees in chapter 11.
  • Appellate Counsel for the RTC in Great American Savings v. Bayside Developers, successfully, overturning the California Court of Appeal’s misinterpretation of California one form of action rule.
  • Antitrust trial counsel in Kennecott Copper Corporation v. Curtiss­ Wright Corporation, successfully resisting the antitrust attack on a hostile takeover.
  • Trial counsel in Hasbrouck v. Texaco (Hasbrouck I), successfully overturning the application of antitrust automatic damage theories.

 

Speaking Engagements and Publications

 

  • Lectures and writes on antitrust, creditors’ rights, bankruptcy and lender liability matters, including several panels on director and officer fiduciary duty issues.