Michael Cohen Secures Appellate Victory in Indemnification Lawsuit Against Trump Organization

November 17, 2022

Gilbert LLP announced today that a New York appellate court has unanimously ruled in favor of Michael Cohen and rejected a summary judgment motion by the Trump Organization that sought to end Mr. Cohen’s lawsuit against the Trump Organization for indemnification of legal fees and costs.  Read more here at Law360.  This marks the third dispositive motion by the Trump Organization that Mr. Cohen has defeated in this litigation.

Gilbert LLP has represented Mr. Cohen since 2019 with respect to claims against the Trump Organization, his former employer, for its failure to indemnify and advance attorneys’ fees and costs on his behalf in connection with various investigations and legal proceedings (including Special Counsel and Congressional hearings, New York State Attorney General and Manhattan District Attorney proceedings, and a proceeding related to FBI search warrants).

On Tuesday the appellate court – the Supreme Court of the State of New York Appellate Division, First Judicial Department – denied the Trump Organization’s latest motion, which argued that the fees and costs for which Mr. Cohen sought indemnification had not been incurred “by reason of the fact” that Mr. Cohen was a Trump Organization employee and were thus not subject to indemnification.  The appellate court rejected this argument and the case will now return to the trial court for further proceedings.

Hunter Winstead, lead attorney for Gilbert LLP in the matter, said, “We are pleased with the First Department’s decision.  Having now defeated the Trump Organization on a third dispositive motion in this matter, we look forward to proceeding to trial.  Mr. Cohen intends to vigorously pursue his rights and hold the Trump Organization to its contractual obligations.”