Roy Alan Cohen

Of Counsel

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Overview

Mr. Cohen is a senior trial lawyer with more than 42 years of experience litigating and trying a wide variety of product liability and toxic tort, construction and construction defect, environmental and groundwater contamination, professional liability involving architects, engineers, environmental consultants, lawyers, and directors/officers, automotive and trucking, premises liability, and class action and business litigation matters.

The advantage of longevity comes with Mr. Cohen's broad range of experience applied to a wide range of matters and the ability to envision a piece of litigation from the beginning and see it come out as planned in the end. His strategic approach to litigation, case analysis, early resolution, cost, and results is a valuable commodity in today's legal market. Clients seek out Mr. Cohen to handle their important litigations for just these reasons. He leads trial teams in New Jersey and New York, often working collaboratively with clients and their lawyers around the country.

Mr. Cohen is nationally recognized in the legal community. He is the Past Chair of the Tort Trial & Insurance Practice Section of the American Bar Association (August 2018 to August 2019) and previously served in various officer positions, on the TIPS Council, and Chair of its Commercial Transportation Litigation Committee, Self-Insurers and Risk Managers Committee, and Product Liability Committee. Mr. Cohen was previously Chair of the International Association of Defense Counsel’s Toxic and Hazardous Substances Committee and the New Jersey State Bar Association’s Product Liability and Toxic Tort Section. He is a member of the Product Liability Advisory Council, the Litigation Counsel of America, and the Trucking Industry Defense Association.

He has been certified and recertified multiple times since 1987 by the Supreme Court of New Jersey Board on Trial Certification as a Civil Trial Attorney. Given his years of experience and special insights, Mr. Cohen is a sought-after author and lecturer on litigation and trial subjects.

Recognition

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  • The Best Lawyers in America® –  Mass Tort Litigation/Class Actions - Defendants (2012-2025); Commercial Litigation (2024); Product Liability Litigation - Defendants (2013-2025)
    • "Lawyer of the Year," Newark Area, Mass Torts Litigation (2021)
  • Supreme Court of New Jersey - Certified as a Civil Trial Attorney (Certified in 1987; Recertified in 1995, 2003, 2009, and 2013)
  • Martindale-Hubbell’s Peer Review Ratings - AV® Preeminent™  (since 1987)
  • New Jersey Super Lawyers® (2005-2024)
    • Super Lawyers Business Edition (2005-2024)

Memberships

  • American Bar Association, Tort, Trial, and Insurance Practice Section — Leadership Academy Task Force, 2021-2022, TIPS Standing Committee, Co-Chair, 2021-2022, Past Chair, 2019-2020; Section Chair 2018-2019; Chair-Elect, 2017-2018; Vice-Chair, 2016-2017; Content Management and Member Services Committee, Chair, 2017-2018; Section Council 2013-present; Long Range Planning Committee, Chair 2016-2017; Membership Committee, Co-Chair 2016-2020; Corporate Counsel Outreach Task Force, Chair 2013-2015; Finance Committee, 2012-2020; CLE Board, 2011-2016 and Co-Chair, 2000-2002; TIPS Fellow, 2012-present; Professionals, Officers and Directors Liability Committee, Vice-Chair, 2005–2011; Commercial Transportation Litigation Committee, Chair, 2004-2005, Vice-Chair, 2006-2017; National Programs Co-Chair, 1998-2000; Self Insurers and Risk Managers Committee, Chair, 1998-1999; Products, General Liability & Consumer Law Committee, Chair, 1996-1997
  • Litigation Counsel of America — Inducted into Fellowship in 2011; Inducted into the Complex Commercial Litigation Institute in 2011, and the International Institute of Environmental, Energy and Natural Resources Law in 2011
  • E.I. du Pont de Nemours & Company Primary Law Firm Network —Engagement Principal, New Jersey for the company's litigation from 2004 to 2016; Chair of Marketing and Referral Committee, 2012-2014
  • 2013 IADC Trial Academy, Faculty Member, Stanford University Law School, Palo Alto, CA, July 26 - August 2, 2013.
  • Product Liability Advisory Council —Attorney Member
  • International Association of Defense Counsel — Member since 1993; Toxic and Hazardous Substances Committee, Chair, 2006–2008; Product Liability Committee; International Practice Committee; Class Action Committee
  • Defense Research Institute Inc. — Trucking Law, Industrywide Litigation, Products Liability, and Environmental Law Committees
  • Claims & Litigation Management Alliance (CLM), Member
  • Emerging and Environmental Claims Managers Association (EECMA), Member
  • Forum for Environmental and Toxic Tort Issues (FETTI), Member
  • Trucking Industry Defense Association, Member
  • New Jersey State Bar Association —Product Liability and Toxic Tort Section, Board of Directors, 1993–1998; Chair, 1991–1993; Federal Practice and Procedure Committee; Civil Practice Section; Certified Civil Trial Attorneys Section
  • Million Dollar Advocates Forum, Elected 2005

Articles

Speaking Engagements

  • "Trial Masters - Knowledge We Wish We Had Years Ago," ABA, Tort Trial & Insurance Practice Section, Section Conference, 5/01/2019
  • Transportation Megaconference XIV, ABA, Tort Trial & Insurance Practice Section, Program Co-Chair and Moderator, March 21-22, 2019
  • "Self-Driving Technology and Autonomous Vehicles - A Whole New World for Potential Product Liability Discussion," ABA, Tort Trial & Insurance Practice Section, 5/03/2018
  • "Ethical and Practical Considerations for Establishing and Maintaining Attorney-Client Relationships – The Good, The Bad and The Ugly," Internal Continuing Legal Education, Porzio, Bromberg & Newman, P.C., 10/18/2017
  • "Insight Into the Mind of a Trial Lawyer: An International Perspective," IADC Annual Meeting, Quebec, Canada, 7/12/2017
  • Transportation Megaconference XIII, ABA, Tort, Trial & Insurance Practice Section, Program Co-Chair and Moderator, March 9-10, 2017
  • "The Art of Litigation Management for Clients and Lawyers," ABA, Tort, Trial & Insurance Practice Section, 3/09/2017
  • "Litigation Management – Art, Science, or Magic?," Moderator, NJ Institute for Continuing Legal Education, Corporate Counsel Institute, 2/17/2017

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Representative Matters

  • Automotive Product Liability – Defense of dozens of design defect and failure-to-warn cases for a major automobile manufacturer involving fires, transmissions, electrical components, seat belts, airbags, batteries, seats, structural design, rollover, and wiring and electrical components.
  • Product Liability – Defense of hundreds of product liability matters including vehicles, fork and scissors lifts, crock pots, trailers, machines, windows, glass, all manner of chemicals, elevators, electrical components, lights, lamps, pipes, valves, paints, foods, and sliding and revolving doors.
  • Trucking Company Defense – Defense of hundreds of cases involving every aspect of the trucking business, including claims of negligent hiring, employment, training, supervision, maintenance, and equipment selection.
  • Professional Liability – This area of practice has been comprised of the:
  • Defense of architects and engineers in more than 50 cases involving claims for design, construction oversight and administration and construction defect.
  • Defense of environmental consultants in more than 35 cases involving claims associated with Phase I and II work and associated groundwater and soil contamination.
  • Defense of contractors, owners, and construction managers in dozens of cases involving all manner of construction-related work, monitoring, oversight, and approval.
  • Environmental Litigation – Defense of dozens of plant, building and premises owners and contractors relating to all manner of groundwater and soil contamination, emissions into the air, odors, noise, and public and private nuisance claims.
  • Asbestos Defense – For almost 40 years, this has been a central part of Mr. Cohen's practice:
  • Currently serves as national asbestos litigation counsel for a major elevator manufacturer in its asbestos litigation around the country, handling the defense of major depositions, developing litigation strategy, and coordinating the defense.
  • Previously served as national asbestos litigation counsel for a group of construction companies, an equipment manufacturer, and a major elevator manufacturer, and as New Jersey and New York counsel for a major automobile manufacturer, a chemical manufacturer, and four other companies in premises liability and product cases.
  • Previously served as national coordinating and trial counsel for a major Canadian asbestos mining company between 1982 and 2002 in more than 15,000 cases throughout 25 states as well as primary counsel in all cases venued in New Jersey and New York.
  • Premises Liability – Defense of premises owners and contractors on claims concerning safety, medical monitoring, and neighborhood exposures.
  • Commercial Litigation – Mr. Cohen is often called upon to represent clients in their commercial disputes, the most recent of which involved the interpretation of contract language which influenced more than $20 million in pending and future potential liabilities. The case was won for the client by way of summary judgment.
  • Class Actions – Mr. Cohen frequently serves as litigation counsel and counselor in various class actions. More recent engagements include the defense of a:
  • Medical monitoring and groundwater contamination claim for a major chemical company involving complex strict liability, public and private nuisance, trespass, and RCRA claims.
  • Strict liability, breach of warranty, consumer fraud, negligence, and other claims against a major building products company arising from one of its building materials.