David R. Cohen

Partner

Education

  • Harvard Law School, 1983, J.D., cum laude
  • Kenyon College, 1980, B.A., summa cum laude

Professional Admissions / Qualifications

  • Pennsylvania
  • New York

Court Admissions

  • All State and Federal Courts - Pennsylvania
  • U.S. Court of Appeals - Federal Circuit
  • U.S. Court of Appeals - Fifth Circuit
  • U.S. Court of Appeals - Third Circuit
  • U.S. District Court - Western District of Michigan
  • U.S. District Court - Western District of Pennsylvania

David is the Practice Group Leader for Reed Smith’s global Records & E-Discovery Group. He has 30 years of commercial litigation experience in a variety of subject matters. David serves as special e-discovery counsel in many cases, represents companies in complex litigation matters, and also counsels clients on records management and litigation readiness issues.

David has been involved in setting up the E-Discovery Special Masters (EDSM) program in the U.S. District Court for the Western District of Pennsylvania, and he has been appointed to serve as an EDSM in three separate cases by three different Federal judges. He also served on the Pennsylvania E-Discovery Rules Subcommittee, chaired by Allegheny County, PA Common Pleas Judge Stanton Wettick.

In addition, David has designed and presented e-discovery training programs for judges and neutrals around the country; has authored numerous legal publications; and is a frequent presenter at continuing legal education seminars regarding e-discovery, technology, and litigation tactics (listing of recent publications and speaking engagements contained herein).

David's representative matters include:

  • Helped to defend a large bank on a claim and obtain dismissal of the case and attorneys’ fees based on the plaintiff’s spoliation of evidence.
  • Service as special e-discovery counsel in commercial litigation, including briefing and argument that led to the cost-shifting opinion in Delta Financial Corp. v. Morrison (NY Sup. Ct. Aug 17, 2006).
  • Counseling Fortune 500 companies and many smaller entities on record management and e-discovery readiness issues.
  • Developing and supervising both hard copy and electronic record collection and review projects in complex litigation matters.
  • Service as a court-appointed E-Discovery Special Master in several cases, including cases involving patent, civil rights, and criminal matters.
  • 30 years of experience in complex commercial litigation, including first chair trial and appellate experience in patent, contract, insurance recovery, toxic tort, technology, employment, property, tax and shareholder litigation. He has been admitted pro hac vice for cases in 13 different states.

Employment History

  • 2011 - Reed Smith
  • 1983 - K&L Gates

Honors & Awards

  • Selected for inclusion in Pennsylvania Super Lawyers in the area of Business Litigation (2013-2014); also included in Super Lawyers Business Edition (2013)
  • Recognized as a leading individual by Chambers USA 2014 in the area of Litigation: E-Discovery

Professional Affiliations

  • Georgetown University Law Center, Advanced eDiscovery Institute – Advisory Board
  • Sedona Conference
  • EDRM – Measurement Committee
  • CPR – E-Discovery Education Committee
  • Strafford Publications, Inc. – Editorial Advisory Board for Litigation Conferences
  • New York State Bar Association – Committee on Electronic Discovery
  • Allegheny County Bar Association (past Chair of Technology Utilization Committee)
  • American Bar Association (past Chair of Litigation Technologies Subcommittee of Litigation Section)
  • Temple Emanuel of South Hills (SEF Chair and Past President)
  • Legal Aid Society of Pittsburgh (past member of Board of Directors, 1988-1997)
  • Harvard Law School Association of Western Pennsylvania (past President)
  • Kenyon College Alumni Association, Pittsburgh Region (past President)

Witness Testimony

  • Judicial Conference Advisory Committee on Civil Rules — Hearing on Proposed Amendments to the Federal Rules of Civil Procedure, Washington, D.C., 7 November 2013