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Royce F. Cohen

SPECIAL COUNSEL, NEW YORK



Royce F. Cohen's practice focuses on insurance and reinsurance arbitration and litigation. She has represented both cedents and reinsurers in a variety of matters, including comprehensive general liability, excess and umbrella liability, workers’ compensation, asbestos, environmental and property/casualty insurance. These matters include misrepresentations in connection with the placement of reinsurance, disputes as to the coverage provided by treaties and policies, standards of accountability of cedents as fronting companies, standards of conduct applicable to ceding companies in their dealings with reinsurers and disputes involving program managers.

Ms. Cohen is a founding member and co-chair of the firm's eDiscovery and Information Governance Practice Group. She helps clients efficiently address the costs and risks associated with managing electronically stored information, particularly in connection to litigation and regulatory compliance. She assists clients with the development of records and information management plans, defensible litigation hold processes and auditing compliance policies and procedures. Working side-by-side with professional technical support staff to understand clients’ technology systems, she helps clients develop and implement best practices to efficiently identify, collect and process electronically stored information. Ms. Cohen monitors state and federal developments of the laws governing eDiscovery to ensure continued compliance of firm protocols, and monitors information technology developments and their impact on firm and client obligations in eDiscovery. She has managed all stages of electronic discovery both in-house and through the use of third party vendors, including negotiating terms of vendor agreements and implementing cost-control protocols.

She contributes to developing firm-wide litigation management procedures from the implementation of litigation holds through collection, review and production of responsive electronic and hardcopy data, as well as the creation of privilege logs. She trains attorneys and paralegals regarding record retention and data management, efficient document review procedures, firm protocols and evolving eDiscovery laws.

Representative Matters

Representative cases include the following:

  • Spearheaded one of the firm’s largest electronic discovery projects to date, which resulted in an arbitration award in excess of $100 million (including interest and futures).
  • Represented ceding companies in arbitrations in which reinsurers sought rescission based upon allegedly false or misleading information provided in connection with the placement of reinsurance treaties.
  • Obtained an arbitration award in excess of $100 million (including interest and futures) on behalf of an insurance company against a reinsurance company.
  • Negotiated and settled a variety of claims on behalf of an insurance company in excess of $20 million without the expense of extensive discovery or trial/arbitration.
  • Obtained an arbitration award on behalf of a ceding company against London market reinsurers for billings arising out of extra contractual obligations.

Memberships
  • Member, Technology Committee, AIDA Reinsurance and Insurance Arbitration Society ("ARIAS-US")
  • Member, Advancement of the Placement of Insurance Women ("APIW")
  • Member, E-Discovery Committee, New York State Bar Association
  • Member, Women in eDiscovery ("WiE")
  • Member, Electronic Document Retention and Production - Working Group 1, The Sedona Conference
Activities
  • Manages a team of Stroock attorneys who provide pro bono representation to underprivileged women who are engaged in litigation in family court. In recognition of her work on one such representation, Ms. Cohen was a recipient of inMotion's 2012 Commitment to Justice Award.
Speeches and Events
  • Moderator, "Best Practices for Effectively Managing eDiscovery," Continuing Legal Education Presentation, New York, NY, April 11, 2014
  • Moderator "You Can't Discover This, You Can't Sanction That? What The New FRCP Are Really Getting At," Continuing Legal Education Presentation, New York, NY, February 11, 2014
  • Moderator, "Dispelling Myths: Understanding the Risks of Discovery Outsourcing," Legal Tech New York, February 5, 2014
  • Speaker, "Cooperation in Practice," 2013 Advanced E-Discovery Institute hosted by Georgetown University School of Law, Washington DC, November 21, 2013
  • Moderator, "#itisadmissible!: Using Social Media Evidence in Federal Court," Continuing Legal Education Presentation, New York, NY, December 11, 2013
  • Speaker, "The Tyranny of Email," Continuing Legal Education Presentation, New York, NY, April 10, 2013
  • Speaker, "e-Valuating e-Discovery Pitfalls: Tips for Making the Rule 26(f) Conference Count," Continuing Legal Education Presentation, New York, NY, February 15, 2013
  • Moderator, General Session Panel Discussion, "e-Discovery in Arbitrations: How Do We Keep Arbitrations from Paralleling Litigation?" ARIAS-US 2011 Fall Conference, November 2011
  • Co-Lecturer, "The Law of Insurance Insolvency," June 2007
  • Speaker, "Confirmation and Vacatur of Arbitral Awards," Continuing Legal Education Presentation, New York, NY, May 2006
Publications
  • Co-author, "State Responses to Superstorm Sandy and Other Natural Disasters: Implications for Ceding Companies and Their Reinsurers," Insurance Coverage Law Report, June 2013
  • Co-author, "The Access to Records and Claims Cooperation Clauses: Their Impact on Discovery in Arbitration Proceedings," ARIAS-U.S. Quarterly, Third Quarter 2006
  • Co-author, "Obtaining Discovery from Reinsurance Intermediaries and Other Non-Parties – Updated Caselaw and Commentary," ARIAS-U.S. Quarterly, Third Quarter 2005 and Mealey’s Litigation Reports: Reinsurance, Third Quarter 2005
Admitted to Practice
New York, 2002
U.S. District Court, Southern District of New York, 2003; U.S. District Court Eastern District of New York 2009
Education
J.D., Fordham University School of Law, 2001; Member and Editor, Fordham Moot Court; Recipient, The Archibald R. Murray Public Service Award Cum Laude
B.S., University of Wisconsin, 1996
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