Mitchell D. Cohen

With decades of experience representing clients in high-stakes financial and commercial disputes, Mitchell Cohen helps clients resolve complex issues involving distressed assets, secured transactions, creditors’ rights and general commercial litigation.

Drawing on deep industry knowledge, he represents companies in the finance, equipment, real estate, construction and transportation sectors, as well as financial institutions, asset-based lenders and private equity sponsors. Mitchell handles defaults, foreclosures, workouts and bankruptcy proceedings nationwide. He is particularly well known in the equipment finance and asset-based lending industries, where he advises on structuring, enforcing and protecting interests in large-scale equipment, commercial real estate and other significant assets.

He also represents private equity sponsors and portfolio companies in disputes arising from mergers, acquisitions and other complex transactions. Mitchell regularly appears in a wide range of complex commercial litigation matters, including fraud claims, contract disputes and judgment enforcement. His experience before state and federal courts makes him an effective advocate from the outset of a dispute through trial and appeal.

Beyond litigation and restructuring, Mitchell advises clients on transactions, employment matters, regulatory compliance and risk management. He serves as outside general counsel to a diverse group of businesses and financial institutions, providing strategic advice on corporate transactions, employment matters, regulatory compliance and risk management. His ability to integrate legal precision with business judgment enables clients to address immediate challenges while protecting long-term interests.

Mitchell represents buyers of Employee Retention Credit (ERC) claims in all aspects of enforcement and litigation, including disputes involving refund proceeds, contractual risk allocation, indemnification and repurchase obligations, fraud and eligibility challenges, and related insolvency or priority issues. He regularly advises clients on litigation strategy and recovery options in light of evolving regulatory scrutiny of ERC claims.

Known for his responsiveness and proactive approach, Mitchell is trusted for anticipating issues, flagging risks early and delivering clear, practical, business-minded strategies.