Attorneys

Roger Cohen

Shareholder

Get To Know Roger In His Own Words

"I pride myself on my ability to bring sanity and competency to the world of litigation. I believe that I am respected by my clients and opposing parties for my intelligence, toughness and deep understanding of legal concepts and procedures. Over the past 30 years, I have handled a broad variety of business-related lawsuits, including such matters as escrow agent liability, employment contracts, non-disclosure and non-compete agreements, professional negligence (including attorney and accountant malpractice), shareholder and partner disputes, real estate contracts, lender liability, insolvency and bankruptcy, complex interstate collection disputes, and financial fraud. I enjoy and thrive on the excitement and pressure of a trial, but have the pragmatic sense to advise my clients to seek and accept a fair settlement where that is justified."

"Unlike many litigators, I have also been heavily involved in transactional practice, advising my clients in the legal aspects of their business operations, and negotiating and preparing contract documents in such matters as mergers and acquisitions, entity formation, real estate, lending and employment contracts. I believe that my experience as a transactional lawyer affords me an edge in litigation, as I am able to relate the documentation process to the issues arising in a business dispute, and have the necessary technical expertise to negotiate and draft settlement agreements affording proper protections to my clients. Likewise, my experience and knowledge as a litigator allows me to see and deal with potential litigation issues in the drafting process."

Professional Experience

Long-standing relationships with business clients in a variety of industries including: escrow, business brokerage, real estate, manufacturing, and equipment dealerships
Experienced corporate, business and real estate transactional attorney with extensive experience in negotiating and documenting business purchases and sales and other transactions
Extensive litigation experience, having successfully litigated numerous cases in state and federal courts, with emphasis on contract disputes, professional negligence, escrow liability defense, business fraud and complex civil litigation
Particular expertise in matters governed by Uniform Commercial Code - UCC Article 2 (sales) and Article 9 (secured transactions)
Experienced appellate counsel, having written briefs and argued cases in Arizona and California Court of Appeals, Arizona Supreme Court and 9th Circuit Court of Appeals.
Law clerk to the Honorable Duke Cameron, former Chief Justice of the Arizona Supreme Court, 1975-76
Author and lecturer on various topics, including civil procedure, secured transactions and legal ethics; published articles include - "Preserving the Family Farm in an Urban Age: Recent Changes to the Arizona Judgment Lien and Homestead Statutes," Arizona Attorney, September 1997; "Foreign Judgments and Community Property," Arizona Attorney, November 2009.

Published Cases

Phares v. Nutter, 125 Ariz. 291, 609 P.2d 561 (Ariz. Supreme Court 1980) (established right to debtor to seek relief from judgment registered under the Uniform Enforcement of Foreign Judgments Act)
Corporate Inv. Business Brokers v. Melcher, 824 F.2d 786 (9th Cir. 1987) (reversing District Court and holding that Colorado franchisee was subject to jurisdiction in Arizona in suit brought by franchisor)
Mid Kansas Federal Sav. and Loan Ass'n of Wichita v. Dynamic Development Corp., 167 Ariz. 122, 804 P.2d 1310 (Ariz. Supreme Court 1991) (counsel for amicus curiae Southwest Savings & Loan Assoc.)
Matter of Estate of Ryan, 187 Ariz. 311, 928 P.2d 735 (Ariz. App. 1996); In re Krohn, 203 Ariz. 205, 52 P.3d 774 (Ariz. App. 2002) (counsel for amicus curiae Arizona Trustee Association, Inc.)
Case Corp. v. Gehrke, 208 Ariz. 140, 91 P.3d 362 (Ariz. App. 2004)
Anderson v. Contes, 212 Ariz. 122, 128 P.3d 239 (Ariz. App. 2006)
Austin Shea (Arizona) 7th Street and Van Buren, L.L.C. v. City of Phoenix, 213 Ariz. 385, 142 P.3d 693 (Ariz. App. 2006)
Rackmaster Systems, Inc. v. Maderia, 219 Ariz. 60, 193 P.3d 314 (Ariz. App. 2008)