Jonathan F. Cohn
JONATHAN COHN, a member of Sidley’s elite Supreme Court and Appellate practice, has argued cases in the United States Supreme Court, the federal courts of appeals, and federal district courts on a wide range of constitutional, statutory, and administrative law issues. Jon has successfully represented clients in complex commercial litigation and disputes involving patent law, trade secrets, false advertising, unfair competition, jurisdiction, immunity, preemption, class actions, international trade, and the APA.
Representative matters include:
- 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.
- 3M Innovative Properties Companies v. Tredegar Corp. In the Federal Circuit, Jon successfully challenged the district court’s claim construction of several 3M patents.
- 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.
Jon has argued 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 was recently 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.
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. 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’s recent industry presentations and press appearances include:
- 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.