Joseph Kohn

Business-minded, efficient approach to resolving disputes

Joe Kohn is an experienced commercial litigator who focuses on financial services litigation, including complex mortgage foreclosure cases, consumer protection lawsuits, RICO and fraud actions, and title disputes. He also represents individuals and business owners in real estate, construction and contract disputes, and defends large companies in product liability, antitrust and intellectual property actions. His clients include:

• Loan servicers, lenders, banks, RMBS trustees and other financial institutions
• Individuals and small businesses, including builders, landlords and startups
• Large companies, from iconic brands to Fortune 500 companies

Joe brings a practical approach to resolving disputes and representing businesses, having been a business owner himself. Before going to law school, Joe opened and managed a successful small business in southwest Florida.

• Defends loan servicers, lenders and other companies. Joe frequently defends clients against equitable, contractual, consumer protection and statutory claims, including under the Telephone Consumer Protection Act (TCPA), Fair Debt Collections Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Florida Consumer Collections Practices Act (FCCPA) and Racketeer Influenced and Corrupt Organizations Act (RICO).
• Litigates foreclosure and lien enforcement actions for loan servicers, lenders, builders, contractors and property owners, among others.
• Handles complex commercial litigation, including defending Fortune 100 companies in nationwide antitrust and product liability class actions and large companies in securities and intellectual property litigation.
• Helps clients with real estate and construction cases. Joe routinely counsels and represents clients in real estate disputes, from commercial and residential landlords in eviction cases to builders and individuals in construction defect cases.
• Represents clients in both state and federal courts, and in all phases of litigation, including mediation, trials and appeals. Joe has handled many contested trials and routinely handles appeals, having represented clients in dozens of appeals in both state and federal court.

• Investigated, uncovered and defended numerous RICO cases against lenders involving a widespread scheme to obtain tens of millions of dollars in default judgments through defective service of process.
• Represented a loan servicer at a multi-day trial in a case involving contractual and equitable claims with complex accounting issues.
• Drafted a brief for the U.S. Supreme Court in a statutory consumer protection action seeking a declaratory judgment.
• Negotiated and obtained a substantial pre-litigation settlement on behalf of a small business.
• Represented veterans on a pro bono basis before the U.S. Court of Appeals for Veterans Claims, including a Vietnam War veteran suffering from thyroid cancer and asthma.