Matthew D. Kohel

Matthew D. Kohel
Primary Office
Experience

Commercial Litigation

  • Represented an ambulatory surgery center in a complex commercial arbitration and defeated all of the ten claims asserted against it, including for breaches of an operating agreement, breach of fiduciary, fraud, and for declaratory relief.
  • Prevailed in an international arbitration where the client brought claims for the breach of an agreement to distribute commercial water flow measurement devices.
  • Represented a trustee accused of breaching his fiduciary duty through lengthy pre-litigation settlement negotiations with an adversary, and throughout litigation.
  • Negotiated a favorable settlement for a publicly listed apparel company in a breach of contract and insurance coverage dispute.
  • Defended a construction company against a multimillion-dollar property damage claim in federal court involving a vehicle’s collision with a Boeing 747-400 at JFK International Airport.

     

Intellectual Property, Patent and Trademark Litigation

  • Represented a client in theft of trade secret litigations where the technology at issue involved sensor design and wireless communications systems.
  • Obtained a significant monetary judgment and a permanent injunction against defendants who operated an internet-based counterfeiting operation.
  • Prevailed in a complex arbitration against multiple claims seeking the payment of patent royalties and obtained an award on counterclaims resulting in the assignment of two patents to the client.
  • Defeated claims for the payment of patent royalties and obtained enforcement of an adversary’s contractual loyalty commitments in a complex arbitration; and made new law in the Tenth Circuit through federal district court enforcement of a preliminary injunction issued in the arbitration.
  • Resolved a dispute before litigation and negotiated the assignment to the client of patents that concern methods to manufacture and assemble a product made from super absorbent polymers.

     

Employment Litigation

  • Counseled a high-profile individual against claims of sexual harassment, retaliation, and violations of employment and human rights laws.
  • Defeated a request for a preliminary injunction to enforce a non-compete in a franchise agreement, and the court granted a motion to dismiss the case.

     

Product Liability

  • Obtained summary judgment on behalf of a distributor of medical devices in a multi-defendant product liability case after getting the plaintiff’s expert engineer excluded at a Daubert hearing for failing to utilize a reliable scientific methodology.
  • Negotiated complex discovery orders on the collection and production of electronically stored information and the protection of confidential and proprietary information.