Jay L. Cohen, Esq.

MAJOR AREAS OF CONCENTRATION


-1- Government Contracts

-2- Civil and Administrative Appeals

-3- Employment Related Disputes and Litigation
-4- Business Disputes and Litigation
-5- General Business Advice and Representation
-6- Transactional Work


GOVERNMENT CONTRACTS:

 

 Since 1977, I have spent about half of my law practice in the area of Federal Government Contracts Administration and Litigation. I have presented claims, appeals, protests and litigated cases before the United States Court of Appeals for the Federal Circuit, the United States Federal Claims Court, the Armed Services Board of Contract Appeals ("ASBCA"), the General Services Board of Contract Appeals ("GSBCA"), the Small Business Administration ("SBA") the General Accounting Office ("GAO") as well as various other Federal Administrative Agencies and Federal District Courts across the United States.

 

 My Government Contracts clients have ranged from minority (8A) small businesses to corporations counted in the Fortune 500. My Government Contracts practice has been national in scope, and has included clients from every corner of the country. Some of my clients have sought advice and representation on a regular basis. Other clients have come only when they have a particular problem which they have unable to resolve. With the exception of certain local firms, most of my government contract clients have a general practice lawyer in their home town and use my office primarily for these specialized services.

 

CIVIL AND ADMINISTRATIVE APPEALS:

 

    Since 1977, I have spent about a quarter of my law practice handling civil and administrative appeals -- or well over half of my practice if you also count such appeals in the area of government contracts (above). These appeals have been litigated before the Federal Circuit, the DC Circuit, the Fourth Circuit, the DC Court of Appeals, various Maryland Circuit Courts, the Maryland Court of Special Appeals, and the Maryland Court of Appeals.

 

EMPLOYMENT RELATED DISPUTES AND LITIGATION

 

When I began the practice of law in 1977, I represented my Firm’s government contracting clients in the defense of a host of employment related claims such as:  Employment Discrimination, Sexual Harassment, Non-Compete Agreements, etc.

 

Since leaving my partners and opening my own firm in 1988, I expanded this part of my practice to non-government contracting clients and to individual clients.  As such I have represented both defendants and plaintiffs, (employers and employees) in such matters as:

 

Employment Discrimination

(Race, Age, Sex, Disability and Sexual Orientation)

Sexual Harassment

Non-Compete Agreement Disputes & Litigation

Non-Solicitation Agreement Disputes & Litigation

Non-Payment of Earned Commissions

Breach of Severance Agreements

Security Clearance Law and Appeals

 

BUSINESS DISPUTES AND LITIGATION

 

Over the past 35 years, I have represented both plaintiffs and defendants in a wide variety of business and business-related disputes -- whether arising in contract, in tort, or in law.

 

Examples of business disputes previously handled by this office which arise from a contract include such matters as: Failure To Deliver Conforming Goods, Breach of Non-Solicitation or Non-Competition Agreements, Failure To Pay Contract Price For Services Rendered, etc.

 

Examples of business disputes previously handled by this office which arise as torts include such matters as: Fraud, Misrepresentation, Breach of Fiduciary Duty (See Also: Professional Negligence, below), etc.

 

Professional Negligence: Also known as "malpractice", professional negligence cases are a sub-set of business torts which this office does not shy away from handling. Examples of professional negligence cases previously handled by this office include actions brought against lawyers, professional engineers and professional land surveyors.    [I do NOT handle medical malpractice cases]

 

Examples of business disputes previously handled by this office which were founded in law include such matters as: Copyright Infringement, Predatory Trade Practices, and Answering Various Charges or Concerns Raised by Federal and State Administrative Agencies, etc.

 

GENERAL BUSINESS ADVICE AND REPRESENTATION:

 

Ultimately, the best legal position that a client can achieve is one of prevention rather than litigation. While the majority of my practice involves trying to fix existing problems through negotiation, arbitration and litigation, I am also available to my clients to perform "legal compliance checkups" and to review specific policies, procedures, corporate governance papers, or draft contracts with an eye towards prevention.

 

TRANSACTIONAL WORK

 

Over the years, I have also assisted a fair number of existing clients sell or merge their businesses with larger organizations.

It is my practice to offer free thirty minute Iniitial Consultations.  Absent a Written Agreement to the contrary, subsequent Legal Work is performed on an hourly fee basis.
Fixed Fees, Contingency Fees, Reduced Hourly Rates with Contingency Bonus Arrangements, and Monthly Retainers are available in Appropriate Circumstances.