Michael P. A. Cohen is a partner in the Litigation practice of Paul Hastings. For the past twenty years, his practice has focused on antitrust, trade regulation and competition law, excepting his service as an assistant special prosecutor pursuing criminal convictions in connection with financial institution failures in the early 1990’s.

Mr. Cohen's practice spans criminal and civil antitrust and trade regulation matters, including district court and appellate litigation, as well as merger and non-merger investigations before the United States Department of Justice and Federal Trade Commission. His work since 1990 has spanned a wide variety of industries. Mr. Cohen has represented parties to merger investigations in baby food, canned tuna, cold-rolled steel, ditigal media, entertainment, frozen potato, motion picture, pet food, personal finance, portion-packing, publishing, radio broadcast, refined petroleum and software, among other industries. His merger clearance work defending acquisitions through trial includes the FTC challenge to H.J. Heinz Company’s proposed acquisition of the Beech-Nut baby food business and the FTC’s recent attempt to enjoin Western Refining’s acquisition of Giant Industries. His civil non-merger work includes high profile agency investigations and private civil litigation defense for oil and gas, weight-loss, food manufacturing, soft drink, pharmaceutical, software, broadcast, digital media, Internet technology and computer security clients. Mr. Cohen continues to handle antitrust criminal defense work and criminal fraud investigations across industries as well.

Representative Engagements

Representative Mergers and Investigations:

• Marvel Entertainment's $4.6 billion sale to The Walt Disney Company
• Mint.com's sale to Intuit
• Del Monte Corporation's sale of the StarKist Seafood business to Dongwon Enterprises
• Western Refining acquisition of Giant Industries (through trial and appeal)
• H.J. Heinz Company’s attempted acquisition of the Beech-Nut baby food business (through trial and appeal)
• Ore-Ida sale of foodservice frozen potato business to McCain
• H.J. Heinz acquisition of Borden portion-packing business
• H.J. Heinz acquisition of Quaker pet food brands
• LTV Steel-Trico Joint Venture
• FTC investigation of patent licensing in connection with Digital Television standard.
• Third party digital music companies in FTC and EC investigations of Sony/BMG recording industry merger
• Third party internet media company in DOJ investigation of XM/Sirius satellite radio merger.
• DOJ investigation of Internet digital music licensing
• New York Attorney General investigation of food manufacturer coupon practices
• FTC advertising substantiation investigation of food manufacturer health benefit claims

Representative Antitrust Litigation:

• Federal Trade Commission v. Paul L. Foster, Western Refining, Inc. and Giant Industries, Inc., No. 1:07-cv-00352-JB-ACT (D.N.M. May 29, 2007), motion for emergency motion pending appeal denied, No. 07-2131 (10th Cir. May 31, 2007), appeal dismissed, No. 07-2131 (10th Cir. June 15, 2007)
• Mylan Pharmaceuticals, Inc. v. The Procter & Gamble Co., et al., No. CGC 04429860 (Cal. Sup. Ct. 2006)
• Federal Trade Commission v. H.J. Heinz Company, 116 F. Supp. 2d 190 (D.D.C. 2000), reversed, 246 F.3d 708 (D.C. Cir. 2001)
• In re Baby Food Antitrust Litigation, 166 F.3d 112, 1999 U.S. App. LEXIS 335 (3d Cir. Jan. 12, 1999)
• Louisa Coca-Cola Bottling Co. v. PepsiCo, Inc., 94 F. Supp. 2d 804 (E.D. Ky. 1999)
• In re Weight Watchers International, Inc., Docket No. 9261, 62 Fed. Reg. 52340 (Oct. 7, 1997)
• Weight Watchers International, Inc. v. Federal Trade Commission, 830 F. Supp. 539, 1993 U.S. Dist. LEXIS 12555 (W.D. Wash. 1993), aff'd in part and rev'd in part, 47 F.3d 990, 1994 U.S. App. LEXIS 38742 (9th Cir. 1994).

Representative Commercial Litigation:

• Colonial Downs L.P., et al. v. Youbet.com, Inc.m C.A. No. 3:07CV577 (E.D. Va. 2007)
• Symantec Corporation v. Hotbar, Inc., No. 05-02309 (N.D. Cal. 2005)
• Trekeight, LLC v. Symantec Corporation, No. 04-CV-1479-H (BLM) (S.D. Cal. 2004)
• iJET Travel Intelligence, Inc. v. Independence Air, et al., No. 1:04 CV 782 (E.D.Va. 2004)
• Quadrogram, LLC v. Symantec Corporation, No. 03-CV-12195-RGS (D. Mass 2003)
• Symantec Corp. v. C2 Media, Ltd., No. (03-05047 (JF) (N.D. Cal. 2003)
• Sony Music Entertainment, Inc., et al. v. MTV, No. 01-CV-5092 (RO) (S.D.N.Y.) (2001)
• Uncle Buck’s Venison, Inc. v. Star-Kist Foods, Inc., No. 96-C96-534-JD (D.N.H. 1997)
• Volvo Cars of North America, Inc. v. MacDonald, No. 96-1224-A (E.D. Va. 1997).
• Compania Mexicana de Tunidos, S.A. v. Star-Kist Foods, Inc. , No. CV 91-1868 LGB (Bx) (1993)

Mr. Cohen received his J.D. from Washington & Lee University (magna cum laude, Order of the Coif; Lead Articles Editor, Washington & Lee Law Review) in 1990 and his B.A. from Virginia Tech in 1987.

Mr. Cohen is a member of the District of Columbia Bar, the Virginia State Bar, and the American Bar Association. He is admitted to practice before the U.S. Supreme Court, the U.S. Circuit Court of Appeals for the Fourth Circuit and D.C. Circuit, the U.S. Court of International Trade, and the U.S. District Courts for the District of Columbia and the Eastern District of Virginia.