Ken Cohen is of counsel in the firm’s Litigation Department, has primary areas of specialty that include products liability litigation and complex civil litigation. Mr. Cohen has particular experience in products liability class action issues, including “limited issue” class questions, class definition issues, constitutional limitations on class certification and medical monitoring issues.

Mr. Cohen has handled products liability litigation, especially involving prescription pharmaceutical drugs, for over 20 years. His work has included national counsel positions and arguments on behalf of large groups of defendants in mass tort situations. For example, Goodwin Procter was counsel for Eli Lilly in litigation involving the synthetic estrogen DES. Mr. Cohen briefed and argued oppositions to class action certification in a number of jurisdictions in that litigation on behalf of Lilly and other pharmaceutical companies. He also briefed and argued in a number of jurisdictions, including the Eleventh Circuit, D.C. Circuit and several state supreme courts, the question of whether particular state law should include the “market share” theory of liability. Mr. Cohen, together with California counsel, tried the only two market share cases ever tried on the merits – two consolidated California DES cases. In market share litigation involving all DES claims filed in the New York state courts, Mr. Cohen was co-liaison counsel for over 40 defendant pharmaceutical companies.