Daniel L. Cohen, Partner, Complex Commercial Litigation

Daniel L. Cohen

Partner

Areas of Focus

Daniel L. Cohen, Partner, Complex Commercial Litigation

Daniel L. Cohen

Partner

daniel.cohen@akingump.com

Areas of Focus

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Biography
  • Partner in charge of the Hong Kong office, head of the Asia disputes practice and co-head of international strategic equity and shareholder activism.
  • Band 1 Chambers-ranked shareholder activism practice, leading on many of the landmark and most consequential mandates over the past 15+ years for prominent investors in this asset class, with a focus on Europe and key markets across Asia-Pacific, including Japan, Korea, Singapore, Australia, Hong Kong and Taiwan.
  • Trusted outside counsel to hedge funds, private equity firms and capital solutions investors, large corporations and insolvency office holders.
  • Contentious practice spanning the full spectrum of equity, debt and hybrid investments, restructurings, shareholder rights, directors’ duties, public markets and securities laws, enforcement and asset recovery.

Dan is a dual-qualified disputes lawyer recognized for his leading practice advising on high-value, complex and cross‑border contentious and non-contentious matters. Leveraging two decades of experience in London and Hong Kong covering key markets and jurisdictions in Europe and Asia, Dan provides comprehensive legal and strategic counsel to investment firms, financial institutions, corporations and insolvency office holders, often involving nuanced, market-facing issues across multiple jurisdictions and regulatory regimes.  

Central to his practice, Dan leads shareholder activism engagements for some of the most prolific, experienced and well-known investment activists, covering the full investment lifecycle, including: stake-building, trading and exit strategies, position disclosures and reporting obligations, private and public engagement, corporate governance, shareholder rights and meetings, as well as the contentious and transactional elements of value optimization proposals and campaigns.

His experience spans nonpublic arbitrage trades to high-profile event and target-driven public campaigns, including several landmark situations involving corporate titans such as Samsung, Toshiba, BHP, BP, LG Chem, Toyota Industries and Rio Tinto.

Coupled with his background of conducting and resolving complex disputes, Dan also advises investor clients and insolvency office holders in distressed debt, insolvency and contentious restructuring situations.

Dan is particularly known for his work in the following core practice areas:

  • Debt and equity investments
  • Shareholder disputes and activism campaigns
  • Directors’ duties
  • Corporate restructuring and insolvency
  • Insolvency office holders
  • Bondholder rights and remedies
  • Securities, market abuse and other regulatory issues
  • Commercial fraud.

Dan has consistently received the highest industry honors. He is ranked as a Band 1 lawyer by Chambers UK for his notable work in the Shareholder Activism (Activist Representation) category. As quoted in Chambers publications, clients and peers have described Dan as someone who brings “strategic excellence to any campaign…his technical abilities allow him to see the battlefield across jurisdictions, while his commercial nous delivers results for clients all day.” Another client noted that, “Dan is the best litigator and commercial lawyer I have had the pleasure of working with. He is a brilliant mind and an absolute gem to work with.”

He was recently named among The Deal’s Top Legal Advisers to Activists for his work advising activist investor Palliser Capital. Dan has been further recognized through multiple international platforms, including by Chambers Greater China, Asian Legal Business’s Asia Super 50 Disputes Lawyers, China Business Law Journal’s China’s Elite 100 Lawyers and China Business Law Journal’s A-List of Top Private Lawyers for China-Related Business.

Representative Work

Shareholder Activism and Strategic Equity Investments

  • For more than 15 years, has co-led regular engagements for major investors across the Asia-Pacific and European strategic equity investments landscape, spanning pure arbitrage and other passive strategies to highly dynamic, public event and target-driven shareholder activism.
  • Routinely provides activism and equity investment advice to Elliott Management, Palliser Capital, Farallon Capital Management, Oasis Management, Maven Securities, Ovata Capital and PLP Funds, among others.
  • Has advised on notable campaigns involving investments and targets of significant scale and prominence, including the following:
    • The proposed take private transaction of Toyota Industries Corporation, the world’s largest manufacturer of forklift trucks, by Toyota Fudosan Co. Ltd., the real estate arm of the Toyota Group.
    • LG Chem, the largest chemical company in Korea.
    • London Stock Exchange Group plc, a global provider of financial markets data and infrastructure.
    • Toshiba Corporation, a leading multinational conglomerate across a number of sectors, including high-tech, infrastructure, and electronic devices.
    • BP Plc, a global oil & gas supermajor.
    • Keisei Electric Railway Co. Ltd., a major railway operator in Japan.
    • Rio Tinto Group, the world’s second largest metals and mining corporation with a dual-listed company structure.
    • Great Eastern, a leading life insurer in Singapore in relation to its proposed takeover by majority shareholder OCBC Bank.
    • Tokyo Tatemono, a Japanese real estate development and management company.
    • FTSE 250 Capricorn Energy Plc, including a campaign which involved changing the entire Board.
    • The Bank of East Asia, one of the few remaining family managed and controlled listed banks in Hong Kong.
    • Dai Nippon Printing, a leading Japanese automotive battery component supplier.
    • SK Square, an investment arm of South Korean conglomerate SK Group.
    • BHP Group, a multinational mining and metals corporation, in the context of a campaign to unify its previous dual-listed holding company structure.
    • Toyo Tire, a Japanese tire manufacturer.
    • Sumitomo Realty, one of the three largest real estate developers in Japan.
    • Tokyo Gas, Japan’s largest gas utility company.
    • SoftBank Group Corp., a leading Japanese telecommunications and technology conglomerate listed on the Tokyo Stock Exchange.
    • Taiheiyo Cement, Japan's largest cement manufacturer.
    • Mitsui Fudosan, the largest Japanese real estate developer listed on the Tokyo Stock Exchange.
    • Samsung Group, in the context of the $8 billion merger between Samsung C&T and Cheil Industries.
    • KKR’s proposed take-over of Hitachi Kokusai Electric.

Commercial Disputes

  • Acting for an international investment bank in a dispute with a competitor bank in relation to a distressed debt trade on LMA terms which ultimately culminated in a successful outcome for the client following a multi-day mediation.
  • Acting for two high-net-worth individuals in unfair prejudice proceedings before the High Court of Hong Kong in dispute concerning their interests in a post-IPO company.
  • Representing one of the world’s largest multinational telecommunications companies in a double taxation treaty and shareholder dispute concerning a mainland China joint venture.
  • Acting for an international private equity firm in an investment dispute involving a Korean insurance company.
  • Acting for a group of dissenters in Cayman Islands fair value appraisal proceedings in connection with certain post-judgment international enforcement matters.
  • Acting for Burford Capital on the negotiation and preparation of cross-border litigation financing arrangements. 
  • Acting for Elliott Management in shareholder inspection and unfair prejudice proceedings before the High Court of Hong Kong in relation to a dispute concerning the fund’s investment in The Bank of East Asia, Limited, a Hong Kong Stock Exchange (HKSE)-listed bank.
  • Advising a Europe-based investment firm on its rights and remedies relating to an alleged breach of a subscription agreement for convertible notes by a Greater China based investor. 
  • Acting for Elliott Management in multiple sets of proceedings before the courts in Hong Kong and the People’s Republic of China (PRC) in relation to a defaulted loan to a PRC-based property developer. 
  • Advising Elliott Management in connection with a regulatory investigation and SEBI show cause notice proceedings in India.

Contentious Restructuring and Insolvency

  • Advising an ad hoc group of lenders in the chapter 11 cases of Marelli, a Japan-based multinational automotive parts supplier, involving the proposed implementation of restructuring transactions and other matters in connection with emergence from chapter 11, including the equitization of $4.9 billion in liabilities.
  • Advising a committee of bondholders of SriLankan Airlines on a restructuring of their notes, including proceedings commenced against the indenture trustee in Sri Lanka.
  • Advising a global retailer on a winddown of key operations, including with respect to corporate governance and risk mitigation issues, termination of leases and joint venture arrangements and contingency planning.
  • Advising an ad hoc committee of noteholders of unsecured convertible bonds issued by a large Indian group on potential enforcement and restructuring options.
  • Advising a committee of bondholders of Hyflux Limited, an SGX-listed Singaporean company in relation to certain contentious elements of restructuring proceedings in Singapore.
  • Acting for CW Group, an HKSE-listed, Singapore-headquartered group with entities in provisional liquidation in the Cayman Islands and Hong Kong and s211B moratorium proceedings in Singapore.

“Dan brings strategic excellence to any campaign. His technical abilities allow him to see the battlefield across jurisdictions, while his commercial nous delivers results for clients all day.”

“Dan is the best litigator and commercial lawyer I have had the pleasure of working with. He is a brilliant mind and an absolute gem to work with.”

Chambers 2026

Education
  • L.P.C., BPP University Law School, England, 2006

  • PGDL, BPP University Law School, England, 2005

  • M.A., University of Cambridge, 2008

  • B.A., University of Cambridge, 2004

Bar Admissions
  • Solicitor, England and Wales

  • Solicitor, Hong Kong

Recognitions
  • Chambers UK, Band 1, Shareholder Activism: Activist Representation, 2026.
  • The Deal, Top Legal Advisers to Activists, Who’s Helping Whom H2 2025: Legal Advisers: Activists, February 2026.
  • Chambers Greater China, Restructuring/Insolvency, 2024.
  • Asian Legal Business, Asia Super 50 Disputes Lawyers, 2021.
  • China Business Law Journal, China’s Elite 100 Lawyers, 2020.
  • China Business Law Journal, A-List of Top Private Lawyers for China-Related Business, 2018.
Speeches and Publications
  • “Key Issues for Companies and Activist Investors Heading into the 2026 Proxy Season,” The 2026 Director’s Agenda: A Review of Risks and Opportunities for Corporate Directors, February 2026.
  • “The New Cross-Border Arrangement Between Hong Kong and Mainland China on Insolvency and Restructuring Matters—A Comparison with Chapter 15 of the U.S. Bankruptcy Code,” Journal of Bankruptcy Law, December 2021.
  • “Activist Investing in Asia,” presentation to an investment bank in Hong Kong, March 2017.
  • “Risk Management Issues in Relation to Market Abuse and Insider Dealing Laws,” presentation to alternative investment funds, Hong Kong, February, May and November 2016.
  • “A Refresher on Insider Trading and Related Risk Management Issues,” The Singapore Lunch Circle, October 2016.
  • “The Developing Scope of Hong Kong Insider Dealing Laws,” Akin Hong Kong Regulatory Breakfast Briefing, September 2016.

Insights and Achievements

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