[Cohen Milstein has] demonstrated the highest level of skills and professionalism...

- Judge Emmet G. Sullivan, Keepseagle v. Vilsack



Cohen Milstein attorneys have litigated and tried some of the most complex matters ever brought in U.S. courts and forged a firm expert in battling and winning against any adversary, no matter how well-funded. Our model is simple – if we don’t succeed for our clients, we don’t get paid. Our livelihood depends entirely on our clients’ success.

Contingent fee cases are critical to our business clients, who generally are small to medium size companies or individuals. While some view litigation as a last resort to recouping money directly lost through commercial wrongdoing, savvy companies recognize that through successful litigation they may:

  • receive compensation for lost business opportunities;
  • recover treble damages;
  • receive punitive damages; and
  • through injunctive relief, shut down future wrongful conduct.

Unless you are a Fortune 500 company, the prospect of paying attorneys’ fees on an hourly basis creates significant difficulties in undertaking litigation even if it is critical to your business. We understand risk sharing in commercial settings. Our contingent-fee model better aligns our interests with that of our clients, eliminating incentives to needlessly increase litigation costs while aggressively pursuing the best avenues for a positive outcome.  We focus on providing the most efficient and expedient resolution of your business matter from inception to trial. Experience has shown that successful cases are results-focused, achieving the best result by aggressively preparing for trial while engaging in intense negotiation throughout.  Our model is a cost effective way to produce results and revenue for businesses that cannot or do not wish to invest resources in paying hourly fees for litigation expertise and allows us to economically litigate cases for businesses in such areas as:

  • breach of contract 
  • insurance coverage disputes
  • lender liability
  • financial or securities fraud
  • unfair competition
  • misappropriation of trade secrets
  • tortious interference with business relations

Cohen Milstein has recovered billions of dollars for our clients over the past 35 years. We pride ourselves in having a broad range of fields of expertise, all of which are governed by our risk-sharing, contingent-fee model. Our representations have included:

  • A small community bank in a lawsuit alleging fraud against a number of investment banks, investment managers and rating agencies in connection with the purchase of $200 million worth of collateralized debt obligations
  • A multi-billion dollar privately-held overseas corporation in a multi-party, complex action alleging fraud in a corporate acquisition [click here to view a detailed description of this litigation]
  • Patent holders in multi-million dollar patent-infringement litigation
  • A manufacturer of key blanks and key duplication machines in a lawsuit alleging that the dominant sellers monopolized these markets in violation of federal antitrust laws
  • A privately-held corporation in an ongoing action alleging that two companies breached a 2008 contract by failing to operate and market an e-commerce web site owned by the corporation and by stealing its customers, resulting in damages of at least $15 million
  • An insurance company in a lawsuit alleging fraud in connection with the purchase of telecomm securities, resulting in a significant recovery [click here to view a detailed description of this litigation]

To learn more about our Commercial Contingency Practice, please contact Geoffrey Graber at 202.408.4600.