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M.A. Cohen & Co.

M.A. Cohen & Co. is a unique advisory services firm founded by Michael A. Cohen in 1997.

Through an innovative blend of transaction and negotiation expertise, we facilitate the resolution of commercial disputes and arrange commercial real estate transactions. Our services have resulted in the resolution of over $3.5 billion of commercial disputes and litigation and the closing of over $2 billion of commercial real estate loans and sales.

We invite you to browse our website and to learn more about the services we provide and why our clients can count on us.


Michael A. Cohen 

Michael A. Cohen, president of M.A. Cohen & Co., has over 34 years of experience in handling complex commercial transactions. He specializes in facilitating the resolution of commercial disputes and arranging complex real estate transactions. His work has resulted in the resolution of over $3.5 billion of commercial disputes and the closing of over $2 billion of commercial real estate loans and sales.

Mr. Cohen is a skilled business professional with broad experience having acted as a lawyer (Mr. Cohen no longer practices law and he does not provide legal advice at any time), CEO of a large company, lender, borrower, loan participant, advisor, buyer, seller, asset manager and broker in commercial transactions. He has participated both as a teacher and as a student in comprehensive training programs for expert negotiators and settlement facilitators. His in-depth knowledge and experience in commercial transactions, coupled with his negotiation and settlement facilitation skills, enable him to bring unique insight and perspective to the negotiation process. 

An example of the complexity and diversity of Mr. Cohen's experience is his representation of the creditors of a major finance company in resolving complex problems and substantial litigation burdening the company and their portfolio of over $450 million of troubled real estate assets. The portfolio included loans secured by over 70 properties located throughout the country, including retail centers, hotels, apartment buildings, vacant land, office buildings, industrial buildings and timeshare projects. During a period when real estate markets were spiraling downward and the cost of litigation was increasing dramatically, Mr. Cohen not only succeeded in expeditiously resolving the litigation on terms very favorable to his client, but he also orchestrated the stabilization and liquidation of assets at amounts significantly in excess of their "mark to market" valuations. He facilitated the full repayment (including all accrued interest) of substantial credit lines provided to the finance company by four major banks and succeeded in causing repayment of over $50 million of investment capital, which had been previously written off by the investors and creditors of the company.

Mr. Cohen is a former adjunct professor at the Chicago-Kent College of Law, where he taught in the areas of negotiation and alternative dispute resolution. Additionally, he was a keynote speaker for the International Development Research Council, where he spoke on conflict resolution processes. He was also a panelist at the Piper Rudnick Real Estate Summit on the topic of financial restructuring and he was a regular guest lecturer at UCLA Extension, where he spoke on alternative conflict resolution processes. Mr. Cohen was on the Board of Directors and the Directors' Credit Committee for a public company bank. He was also a former member of the American Bankruptcy Institute and the American Arbitration Association.


Prior to forming M.A. Cohen & Co., Mr. Cohen was a Principal at Cohen Financial Corporation where he provided conflict advisory services and commercial real estate transaction services. Before Cohen Financial Corporation, Mr. Cohen was President of Focus Financial Group, Inc., a company controlled by Westinghouse Credit Corporation, that provided conflict advisory services and real estate transaction services. While Mr. Cohen no longer practices law, Mr. Cohen previously practiced law in Chicago, Illinois where he was a founding partner with the law firm of Freeman & Cohen and an associate at the law firms of Jenner & Block and Rudnick & Wolfe (now DLA Piper).


Mr. Cohen earned his law degree, with honors, from Northwestern University School of Law. At Northwestern University, Mr. Cohen was the winner of the 1983 Julius H. Miner Moot Court Competition, recipient of the William Jennings Bryan Award for excellence in oral appellate advocacy, recipient of the International Academy of Trial Lawyers Award for Best Speaker and represented Northwestern in the national Moot Court Tournament. Mr. Cohen received his B.A., with honors, from Claremont Men’s College (now Claremont McKenna College). He is a licensed Real Estate Broker in the State of California. 

Conflict Advisory Services

In today's global society, individuals and companies spend billions of dollars annually on litigation–prosecuting claims and defending against them. In response, Michael A. Cohen, president of M.A. Cohen & Co. pioneered a Conflict Advisory Service that has resulted in the resolution of over $3.5 billion of disputes. To our knowledge, no other company in the United States provides this unique service.


M.A. Cohen & Co. acts as an advocate on behalf of our clients and devises strategies and orchestrates and participates in the implementation of these strategies to optimize client's interests in existing and/or potential disputes. In contrast to a mediator, who is neutral, M.A. Cohen & Co. acts as an advocate and engages in a form of "shuttle diplomacy" on behalf of our clients.


In facilitating optimal settlements on behalf of our clients with respect to over $3.5 billion of disputes, we have worked with prominent parties including Citigroup, Bank of America, Merrill Lynch, Starwood Hotels and Resorts Worldwide Inc., Kemper Insurance Companies, Teachers Insurance and Annuity Association, Equitable Investment Services, Inc., Westinghouse Credit Corporation, LaSalle National Bank, First Bank and Trust Company of Illinois, Fidelity Mutual Life Insurance Company, Fruit of the Loom, Inc., Alcion Ventures, MACK Trucks, Inc. and the Lone Star Opportunity Fund. In each matter, we worked synergistically and in a complementary fashion with our clients and with their sophisticated professionals.


This unique process has proven to be effective in resolving complex disputes when other methods have failed. 

Additional Information

Regarding Our Conflict Advisory Services

How It Works

M.A. Cohen & Co. is retained by businesses and individuals to facilitate the optimal resolution of commercial disputes or litigation. Although Michael A. Cohen was a practicing attorney, he no longer practices law. Neither M.A. Cohen & Co. nor Michael A. Cohen act as legal counsel or provide legal advice at any time. Mr. Cohen does not act as a mediator or an arbitrator (who are jointly retained by the parties). Instead, M.A. Cohen & Co. is retained by one party to a dispute as their Conflict Advisor.


In the role of Conflict Advisor, we devise, orchestrate and participate in the implementation of strategies to facilitate an optimal and expeditious resolution of the dispute on our client's behalf. We work in conjunction with our client's legal counsel. Unlike the legal counsel, however, who is typically prohibited from communicating with the opposition except through the opposition's counsel, Mr. Cohen, after obtaining the consent of the opposing party and/or their counsel, communicates directly with the principals of the opposition.


Why It Works

The litigation process is a long, expensive one that carries with it a great deal of risk. As a result, litigation is rarely satisfactory to any of the parties, regardless of the outcome. In contrast, M.A. Cohen & Co.'s Conflict Advisory Service provides a process that allows for thoughtful, substantive and constructive dialogue. This process has consistently been helpful in facilitating the resolution of disputes.


The Results

Mr. Cohen has facilitated the resolution of over $3.5 billion of disputes. Each resolution has enabled our clients to avoid or reduce the future costs, risks and uncertainty associated with litigation. We invite you to browse the list of Notable Disputes Resolved to see examples of matters where our process was proven to be effective.


The Reviews

While M.A. Cohen & Co. works to obtain the optimal resolution of disputes for clients, we have found that our clients as well as their opponents have ultimately appreciated our services when disputes that seemed irreconcilable were resolved. Our clients also value our efforts because they often result in significant savings–in both time and money. Similarly, the attorneys with whom we have worked have appreciated our involvement because we work with, not against, them and assist in achieving results that are in their clients' best interests. The fact that M.A. Cohen & Co.'s references include not only our clients and their lawyers but also their opponents further evidences the effectiveness of this unique process.

Notable Disputes Resolved

The following are highlights of certain matters resolved by M.A. Cohen & Co.:

Bank Representations


*  M.A. Cohen & Co. resolved a five-year $250 million dispute between two major banking institutions.


*   M.A. Cohen & Co. resolved a high-profile bankruptcy on behalf of an investment bank and an opportunity fund in connection with a dispute involving over $25 million of claims.


Bankruptcy Representations


*  M.A. Cohen & Co. resolved a dispute on behalf of a debtor in bankruptcy in connection with an approximately $45 million loan.


*  M.A. Cohen & Co. resolved a four-year major dispute on behalf of a debtor in bankruptcy.


Family Trust Representations


* M.A. Cohen & Co. resolved matters on behalf of entities, which included a family trust, in connection with disputes with a foreign bank, a local governmental entity and a public company.


* M.A. Cohen & Co. resolved over $40 million of claims on behalf of entities which included a family trust.


* M.A. Cohen & Co. negotiated substantial recourse debt relief on behalf of a family trust in connection with an approximately $31.5 million bank loan.


Stressed Debtor Representations

Debt Relief


* M.A. Cohen & Co. resolved over $90 million of claims and facilitated the release of recourse obligations on behalf of a private party in a dispute with an institutional lender.


* M.A. Cohen & Co. resolved substantial recourse claims on behalf of a private party in connection with bank loans aggregating over $70 million.


Debt Extension


* M.A. Cohen & Co. facilitated the extension of securitized debt exceeding $100 million on behalf of a Borrower in default.


* M.A. Cohen & Co. negotiated an approximately $77 million loan extension on behalf of a private equity group in a dispute with a hedge fund.


Group Representations


* M.A. Cohen & Co. resolved substantial claims on behalf of a large association of franchisees in North America.


* M.A. Cohen & Co. resolved a major dispute on behalf of affiliates of a large international association.


Public Company Shareholder Representation


* M.A. Cohen & Co. resolved over $150 million of claims against the owners of over 30% of the outstanding shares of a public company in a dispute with another public company and a major foreign pension fund.


* M.A. Cohen & Co. resolved substantial claims asserted by a bankrupt public company against its largest shareholder and former CEO.


High-Profile Client Representations


* M.A. Cohen & Co. resolved a five-year $140 million dispute on behalf of a prominent private party.


* M.A. Cohen & Co. resolved substantial claims on behalf of a prominent investor in a dispute with a private equity group.


* M.A. Cohen & Co. resolved a high-profile dispute on behalf of a ground lessee in connection with a substantial ground rent negotiation with a government entity.


* M.A. Cohen & Co. resolved disputes on behalf of well-known financiers with respect to claims against former employees who created competing ventures.


Frequently Asked Questions


Because of the unique nature of our Conflict Advisory Services, we are frequently asked questions about the process. Below are some of the more common questions and our answers:
Q: Is our Conflict Advisory Services mediation?

A: No, it is not mediation. Mediation is a process in which a neutral third-party assists parties to a dispute in reaching a resolution. In contrast, M.A. Cohen & Co. is not neutral and acts as an advocate on behalf of our clients.

Q: Is it arbitration?

A: No, it is not arbitration. The arbitration process is similar to the court process with neutral arbitrators acting in a similar fashion to judges. In contrast, M.A. Cohen & Co. is not neutral and does not impose a judgment upon any party. When we resolve disputes, the resolution is voluntarily agreed upon by all the parties involved.

Q: Is it ever too early or too late for M.A. Cohen & Co. to get involved in a dispute?

A: It is never too early or too late for M.A. Cohen & Co. to get involved in a dispute. Our services can be helpful before litigation has commenced and at any time throughout the litigation process. M.A. Cohen & Co.’s services have often been helpful to our clients and their attorneys at times when actual settlement discussions were not yet ripe.

Q: Does M.A. Cohen & Co's Conflict Advisory process evidence weakness in our client's position?

A: No, our process does not evidence weakness. Our process allows all the parties to maintain strong "face saving" positions as we seek constructive solutions that take into consideration the facts and issues affecting their positions. Our process does not interfere with the litigation but runs parallel to the litigation process. In fact, the attorneys with whom we have worked have appreciated the service because our Conflict Advisory process assists them in achieving optimal results on behalf of clients more expeditiously.

Q: Is the process confidential?

A: Yes, the parties typically enter into confidentiality agreements.

Q: Why does the opposition agree to meet with M.A. Cohen & Co.?

A: Our $3.5 billion track record not only evidences the effectiveness of the process and its benefits to all the parties to a dispute, but it also provides significant credible references.

Real Estate Transaction Services



M.A. Cohen & Co. provides clients with a full array of real estate advisory services. We arrange acquisition, refinance and construction financing. We assist clients in obtaining senior debt, mezzanine loans as well as joint venture equity and highly leveraged participating debt and/or preferred equity. We also facilitate the sale of real estate and loans secured by real estate. We base each and every transaction upon our thorough and thoughtful understanding of each client’s specific needs and goals.


Our Services


In providing debt and equity placement, we assist in many phases of our clients’ real estate transactions:


- We review information on past operating performance

- We review information on projections for future performance

- We match the property economics and our clients’ objectives with potential lenders whose current financing programs meet the objectives

- We present information to the appropriate lenders and/or potential investors

- We provide our clients with our recommendations


Once the appropriate lender is selected for the transaction, M.A. Cohen & Co. assists in the negotiation of the business terms of the application. We also assist our clients in the negotiation of the business terms of the loan commitment and the facilitation of the closing of the loan.


Our Experience


We have experience arranging transactions for many types of real estate including:


- Office buildings                    

- Retail properties

- Hotels and resorts             

- Timeshare resorts

- Apartment projects           

- Industrial and warehouse properties

- Mixed use properties         

- Vacant land


Notable Transactions

The following are examples of some of the real estate transactions arranged by M.A. Cohen & Co.:

M.A. Cohen & Co. arranged a $310 million sale of the entire portfolio of real estate assets owned by a major insurance company.


M.A. Cohen & Co. arranged a $233 million senior and subordinate loan secured by seventeen assets located throughout the United States.


M.A. Cohen & Co. arranged a $165 million senior and subordinate loan secured by assets in California.


M.A. Cohen & Co. arranged a $133 million joint venture to improve and expand a project located in California.


M.A. Cohen & Co. arranged a $92.5 million loan secured by eight assets located in six states.


M.A. Cohen & Co. assisted in arranging a $90 million loan secured by a leasehold interest in a prominent asset located in California.


M.A. Cohen & Co. arranged an $85 million bridge loan secured by a project located in Illinois.


M.A. Cohen & Co. arranged a $70 million non-recourse subordinate loan secured by "upper tier" partnership interests in multiple assets located throughout the country.


M.A. Cohen & Co. arranged a $69 million loan secured by assets in multiple states.


M.A. Cohen & Co. arranged a $57 million credit secured by convertible corporate securities and senior and subordinate mortgages on assets located in California.


M.A. Cohen & Co. arranged a $50 million sale of a prominent office building in Illinois.


M.A. Cohen & Co. arranged a $42 million sale of loans secured by office, retail and residential projects located in Texas.

 

M.A. Cohen & Co. assisted in arranging a $39 million sale of a senior housing community in California.


M.A. Cohen & Co. arranged a $35.5 million bridge loan secured by a project located in Colorado.


M.A. Cohen & Co. arranged a $29 million loan secured by three assets located in Alabama.


M.A. Cohen & Co. arranged a $28 million loan secured by a project located in Kentucky.


M.A. Cohen & Co. arranged a $27.5 million bridge loan secured by a project located in Ohio.


M.A. Cohen & Co. arranged a $27 million bridge/development loan secured by a project located in Mexico.


In connection with an approximately $25.6 million construction loan for the development of a luxury apartment complex in California, M.A. Cohen & Co. arranged two $5 million sales of participating interests.


M.A. Cohen & Co. arranged a $25 million sale of a portfolio of office buildings in Illinois.


M.A. Cohen & Co. arranged a $25 million bridge loan secured by a project located in California.


M.A. Cohen & Co. arranged a $23.6 million construction loan to finance the development of a project located in California.


M.A. Cohen & Co. arranged a $21.5 million bridge loan secured by a project located in California.


M.A. Cohen & Co. arranged a $20.65 million sale of assets owned by a pension fund and a pension fund advisor.


M.A. Cohen & Co. arranged a $20 million loan to purchase debt secured by an office building located in the East Coast.

M.A. Cohen & Co. arranged a $19 million loan secured by three retail properties located in three states.


M.A. Cohen & Co. arranged a $19 million loan to finance the purchase of an under performing loan secured by a project located in California.


M.A. Cohen & Co. arranged a $18.15 million loan to finance the purchase and continued renovation of a partially occupied office building in California.


M.A. Cohen & Co. arranged a $16.75 million loan secured by a mixed-use apartment/office project located in California.


M.A. Cohen & Co. arranged a $16.7 million redevelopment loan secured by a vacant office building located in the East Coast.


M.A. Cohen & Co. arranged a $16 million joint venture to acquire a vacant office building and adjacent land located in the Southwest.


M.A. Cohen & Co. arranged a $16 million joint venture/construction loan secured by an apartment project located in California.


M.A. Cohen & Co. arranged a $15.5 million senior and subordinate loan secured by an apartment/office mixed-use project located in California.


M.A. Cohen & Co. arranged a $15.25 million bridge loan secured by an under-performing mall located in California.


M.A. Cohen & Co. arranged a $13 million construction loan to finance the development of a project located in California.


M.A. Cohen & Co. arranged a $12 million tax-exempt loan secured by an apartment project located in California.


M.A. Cohen & Co. arranged an $8.5 million loan secured by a project located in California.

M.A. Cohen & Co. has worked with many well-known companies and individuals including:

Lawfirms 

• Akin Gump Strauss Hauer & Feld
• Barnes & Thornburg
• Bryan Cave
• Cappello & McCann
• Costell & Cornelius
• Davis Polk & Wardwell
• Dechert LLP
• DLA Piper
• Ervin, Cohen & Jessup
• Fragner Seifert Pace & Winograd
• Gibson, Dunn & Crutcher
• Goodwin Procter
• Greenberg Traurig
• Jenner & Block
• Katten Muchin Zavis Rosenman
• Kirkland & Ellis
• McGuire Woods
• Morgan Lewis & Bockius
• O’Melveny & Myers
• Orrick, Herrington & Sutcliffe
• Paul, Hastings, Janofsky Walker
• Pillsbury Winthrop
• Raines Feldman LLP
• Sidley & Austin
• Sonnenschein, Nath & Rosenthal
• Venable LLP
• Winston & Strawn
• Wynne, Spiegel & Itkin
• Zukerman Gore Brandeis

Companies / Individuals 

• A10 Capital • Aetna Life Insurance Company    
• Aries Capital • Bank of America    • Morris Belzberg
• Samuel Belzberg    • Blackrock
• Brazos Opportunity Fund    • Burton Way Hotels
• Caisse De Depot et Placement du Quebec
• Cantwell-Anderson    • CB Richard Ellis
• Citigroup    • Dai-Lchi Kangyo Bank
• Equitable Investment Services, Inc.
• Equity Directions, Inc.    • Fidelity Mutual Life Insurance Company
• First Bank and Trust Company    • Fremont Investment & Loan
• Friden Hotel Company    • Fruit of the Loom, Inc.
• G.H. Palmer & Associates    • Gibralt Capital Corporation
• Goldman Sachs    • Heller Real Estate Finance
• Imperial Bank    • Jones Lang LaSalle
• Joseph Freed & Associates
• Kemper Insurance Companies
• Kennedy-Wilson International
• LaSalle National Bank    
• Lone Star Opportunity Fund
• MACK Trucks, Inc.    • Merrill Lynch
• Morgan Adams    • Pollin Hotels
• Segerstrom Company    • Starwood Capital Group
• Starwood Hotels and Resorts, Inc.
• Teachers Insurance and Annuity Association
• The Prime Group, Inc.    • Tiffany & Co.
• Tokai Bank    • Vornado Realty Trust
• Wachovia Securities    • Wells Fargo
• Westinghouse Credit Corporation
• Westway Development    • Yasuda Trust & Banking Co., Ltd.

Testimonials

Examples of what our Clients have to say about us:

“Mr. Cohen’s personality, intellect and tenaciousness, as well as his skills as a negotiator and informal mediator, were found to be invaluable in facilitating the resolution [of over $300 million] of troubled [real estate] assets.”

“We are pleased to report that in a short period of time, M.A. Cohen & Co. was able to effectuate a highly satisfactory resolution of our situation…. We found Michael Cohen’s unique combination of skills – ... extensive knowledge of real estate and the capital markets, and significant mediation/ negotiation expertise – to be invaluable.”

“[Michael Cohen] was the key part of the chemistry of why [a settlement] worked.”

“Mr. Cohen exhibited masterful skills throughout the entire representation of his client…[H]is tenacity in zealously pursuing his clients’ objectives was most impressive. Mr. Cohen’s personality and intellect, as well as his unique skills as a negotiator/ mediator, proved to be invaluable in attaining extremely beneficial results on behalf of his client.”

“Michael Cohen … assisted us in a negotiation which was meaningful, intense and highly complex. Michael’s level of performance exceeded all of our expectations.… His methodical and thoughtful approach, combined with his ... familiarity with the real estate industry, and patient understanding of human nature in the face of intense personal conflict provide a rare combination of skills...”

“The settlement was effected only because of Mr. Cohen’s persistence and persuasiveness, in combination with his knowledge of the substantive real estate issues affecting both parties…. In today’s litigious society, most advocates cannot look beyond the concepts of winning; it was refreshing to work with someone like Mr. Cohen, who was able to focus instead on achieving practical, cost-efficient results”

“Thank you. Thank you. Thank you. I don’t think anyone else could have pulled it off.” 

“I have always been impressed with Michael [Cohen]’s ability to quickly get to the heart of the matters and delineate between form and substance.”

“Everyone compromised and without Michael [Cohen], it wouldn’t have happened. He gave us ideas, we rejected them. He kept going.”

In the news

Defusing Disputes Without Litigation

California Real Estate Journal

Disclaimer

M.A. Cohen & Co. is not a law firm and Michael A. Cohen is not a practicing lawyer. Neither M.A. Cohen & Co. nor Mr. Cohen act as legal counsel at any time. Neither M.A. Cohen & Co. nor Mr. Cohen provide legal representation, legal advice, or render legal opinions at any time.


The information contained in the M.A. Cohen & Co. web site is provided for informational purposes only and should not be construed as legal or other professional advice on any subject matter. This site is not intended to create a professional relationship of any sort between you and M.A. Cohen & Co.


No person, client or otherwise, should act or refrain from acting on the basis of any content included in this site without seeking appropriate professional advice. This web site contains general information only. M.A. Cohen & Co. expressly disclaims all liability with respect to actions taken or not taken based on information contained on this site. Nothing contained on this site constitutes a guarantee, warranty or prediction regarding the outcome of any matter.


Any information sent to M.A. Cohen & Co. via Internet email or through the M.A. Cohen & Co. web site is not secure and is sent on a non-confidential basis. The transmission of the M.A. Cohen & Co. site, in part or in whole, and/or communication with M.A. Cohen & Co. via Internet email through this site does not constitute or create a professional relationship between M.A. Cohen & Co. and any recipient.


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Usage

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