Jonathan F. Cohn
JONATHAN COHN is a member of Sidley’s complex commercial litigation practice and Supreme Court and Appellate practice, and has argued cases in the United States Supreme Court, the federal courts of appeals and federal district courts. Both a trial lawyer and an appellate authority, Jon has successfully represented clients on a wide range of constitutional, statutory and administrative law issues in all stages of litigation. Jon has successfully represented clients in disputes involving false advertising, trade secrets, patent law, unfair competition, products liability, jurisdiction, immunity, preemption, class actions, international trade and the APA.
Representative matters as lead counsel include:
- U.S. v. Bayer. Jon successfully defended Bayer against a contempt action filed by the United States, seeking hundreds of millions of dollars and alleging that Bayer was unlawfully marketing its probiotic product, Phillips’ Colon Health. After a two-week trial, the Court denied the government’s motion in its entirety.
- QVC Inc. v. Your Vitamins Inc. In district court and the Third Circuit, Jon successfully defended Your Vitamins Inc. against QVC’s attempt to obtain a preliminary injunction and TRO under the Lanham Act and state law for statements about dietary supplements.
- 3M Innovative Properties Companies v. Tredegar Corp. In the Federal Circuit, Jon successfully challenged the district court’s claim construction of several 3M patents.
- Air Wisconsin Airlines Corp. v. Hoeper. In the United States Supreme Court, Jon successfully defended the airline against a defamation challenge for a report made to TSA. The Court reversed a jury verdict and held that the airline's statements were substantially true and the airline was immune from liability.
Jon has argued dozens of appeals in the United States Courts of Appeals for the Second Circuit, Third Circuit, Fourth Circuit, Sixth Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit, Tenth Circuit, Eleventh Circuit, D.C. Circuit and Federal Circuit. He has also argued six en banc appeals in the Second, Sixth, Ninth and D.C. Circuits, winning all of them.
Jon is consistently recognized for his litigation successes, both in trial and appellate courts. Most recently, Jon was recognized as “Litigator of the Week” by The AmLaw Litigation Daily for his trial victory in United States v. Bayer. This case garnered significant press and Jon’s trial victory was commended by Law360, Reuters, and The National Law Journal among others. Jon has also been honored as one of The Best Lawyers in America (2014–2016 eds.) for his Appellate practice, and in 2012, Law360 named him one of the top five “Rising Stars” in appellate litigation. Chambers USA has also acknowledged him as an “exceptional” appellate advocate.
Prior to joining Sidley as a partner, Jon was a Deputy Assistant Attorney General in the United States Department of Justice (DOJ). He ascended to that position at age 32, and at age 34, he became the youngest head of DOJ’s civil appellate litigation. He also managed over 200 district court and appellate litigators in the Division’s Office of Immigration Litigation. Previously, he clerked on the United States Supreme Court for Justice Clarence Thomas.
Jon has significant experience in litigation and negotiations involving the federal government, including the Department of Justice, the Federal Trade Commission and the Food and Drug Administration. Adept at reaching an amicable resolution, he is also willing to litigate cases through trial.
Jon is one of the firm’s most experienced and successful appellate litigators. Among his many appellate victories are:
- Sioux Honey Ass’n. v. Hartford Fire Ins. Co. (Fed. Cir. 2011), holding that Court of International Trade lacked jurisdiction to consider breach-of-contract claims against The Hartford and other surety companies.
- Johnston v. Tampa Sports Authority (11th Cir. 2008), upholding National Football League’s pat-down policy against Fourth Amendment challenge.
- Abigail Alliance v. von Eschenbach (D.C. Cir. 2007) (en banc), rejecting constitutional and APA challenge against the Food and Drug Administration.
- Consolidation Coal Co. v. United States (Fed. Cir. 2008), rejecting Export Clause challenge to tax on coal.
Jon is co-chair of Hiring and Recruiting for the D.C. Office. He is also a member of the Accounting and Finance Committee.
Jon’s recent industry presentations and press appearances include:
- Council for Responsible Nutrition—panelist on “Industry Reacts to the Regulators.”
- The Food and Drug Law Institute: Advertising and Promotion for the Pharmaceutical, Medical Device, Biological and Veterinary Medicine Industries—panelist on “Update from FTC on Regulation of OTC Product Promotion.”
- Duke law Center for Judicial Studies—panelist on “Criteria Approving Class-Action Settlement.”
- Lawsuit Reform Alliance of New York—panelist on “The Daubert Dilemma.”
Organization for International Investment—presentation on leading United States Supreme Court cases to General Counsels.
- Washington Legal Foundation Supreme Court Preview—discussing various cases pending in United States Supreme Court.
- Dan Rather Reports—discussing class-action litigation in United States Supreme Court.