David Cohen is a litigator in O’Melveny’s New York office whose practice focuses on high-stakes investigations, regulatory matters, and litigation. He has particular depth in education and experience in other industries, including financial services, defense, health care, and transportation.
A member of the firm’s Education group, David helps public and private colleges and universities respond to complex and sensitive issues, including claims of gender, race, and religious discrimination under civil rights statutes, and breach of contact claims. He has defended higher education clients in investigations by Congress, the U.S. Department of Justice, the U.S. Department of Education, and the U.S. Department of Health and Human Services. David also advises higher education clients on their policies and procedures related to Title VI, Title VII, Title IX, FERPA, campus speech, and security.
David also has extensive experience advising and litigating on behalf of a range of corporate employers defending against challenges to diversity programs.
David maintains an active pro bono practice in the areas of criminal justice, immigrant rights, and reproductive rights. He previously served in the White House Office of Cabinet Affairs and as a judicial clerk for the Honorable Alison J. Nathan in the US District Court for the Southern District of New York.
- Representing a large public university system in litigation arising from protest activity on several campuses related to the conflict in Israel and Gaza.
- Representing a large public university system in several government investigations, including a congressional investigation conducted by the U.S. House of Representatives Committee on Education and Workforce, and investigations by the U.S. Department of Justice and the U.S. Department of Education.
- Representing a large public university system in several high-profile federal and state civil rights lawsuits and government investigations.
- Secured summary judgement for an Ivy League university in a breach of contract action brought by a former student alleging he was wrongly denied a diploma after he was found to have sexually assaulted several students.
- Represented a private University in connection with a high-profile internal investigation into its basketball program.
- Filed amicus briefs on behalf of more than fifteen colleges and universities in ongoing litigation challenging DACA.
- Represented a large university in a class action lawsuit filed by students seeking damages for a portion of tuition during the academic semesters impacted by the COVID-19 pandemic.
- Represented an Ivy League university in a high-profile lawsuit challenging ownership of sensitive historical artifact.
- Represented a client in a challenge to a corporate diversity program under Section 1981 and Title VI.
- Advised major corporations on corporate diversity programs.
- Represented a multinational commodities trading company in a U.S. Department of Justice investigation concerning alleged bribes paid to secure commodities contracts.
- Successfully defended a defense contractor in an action brought by the former CEO of an acquired company alleging state and federal discrimination and retaliation claims as well as breach of contract.
- Secured an acquittal for a Louisiana man who served more than eight years in prison after he was wrongfully convicted of second-degree murder.
Admissions
Bar Admissions
- New York
Education
- New York University, J.D.; Senior Executive Editor, NYU Journal of Legislation and Public Policy
- Washington University, B.A., Political Science
Professional Activities
Clerkships
- Honorable Alison J. Nathan, U.S. District Court, Southern District of New York
Publications
- “FOIA in the Executive Office of the President,” N.Y.U. Journal of Legislation & Public Policy (2018)
Corporate & Government Experience
- Assistant Director for Cabinet Affairs Operations, White House, Office of Cabinet Affairs (2013-2014)
- Executive Assistant, White House, Office of Cabinet Affairs (2011-2013)