Valerie Cohen

Partner
Valerie Cohen

Valerie Cohen is an established lawyer focused on False Claims Act (FCA) litigation, regulatory and internal investigations, and compliance redesign in the areas of managed care reimbursement, pharmacy benefits, and drug manufacture. Valerie counsels and represents major healthcare insurers, pharmaceutical entities, and financial institutions in complex, high-stakes civil litigation and regulatory, enforcement, and business matters. She is regarded for investigating and litigating risk adjustment matters for Medicare Advantage (also known as “Part C”) and commercial exchange health insurance plans under the Affordable Care Act (ACA).

Valerie has particular knowledge of the FCA, Anti-Kickback Statute (AKS), Stark Law, diagnosis coding guidance, and federal and state regulations governing pharmacy benefit managers and drug manufacturers. She has long represented healthcare clients before the U.S. Department of Justice (DOJ), the Centers for Medicare & Medicaid Services (CMS), and Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS).

She also has extensive experience in corporate governance litigation, representing a broad range of companies and their directors and officers in securities fraud, breach of duty, derivative, and books and records inspection litigation. In cases involving shareholder demands, Valerie has investigated and advised boards of directors. She has conducted numerous internal employment investigations related to adverse employment actions and whistleblower allegations and advised on separation agreements and potential litigation for breaches of non-compete, non-solicitation, and confidentiality provisions.

Valerie has litigated Administrative Procedure Act (APA) and Freedom of Information Act (FOIA) cases against regulatory bodies. She has represented financial institutions before the Securities and Exchange Commission (SEC), DOJ, and state attorneys general. Valerie has defended issuers and underwriters in shareholder securities class actions and derivative actions brought in U.S. federal and state courts. She also successfully represented a large public company in an Employee Retirement Income Security Act (ERISA) matter involving an alleged breach of a top-hat benefit plan.

Valerie also maintains an active and dynamic pro bono practice, including a trial victory for an elderly disabled client, reparations and pension payments for Holocaust survivors for work performed in ghettos, and asylum for at-risk individuals. 

Experience

Representative Matters

  • Representing a telehealth company in an internal investigation concerning device sales and licensure
  • Providing regulatory compliance counseling to a health tech company concerning Medicaid enrollment software
  • Defended against a DOJ False Claims Act civil investigative demand premised on lab referral kickback theory
  • Defended a pharmaceutical company as a non-party to California state court litigation
  • Defended a Medicare Advantage organization against DOJ intervened False Claims Act qui tam civil litigations in the U.S. District Court for the Northern District of California
  • Defended a national Medicare Advantage organization against a False Claims Act DOJ civil investigative demand, followed by a direct DOJ False Claims Act lawsuit in the U.S. District Court for the Southern District of New York
  • Defended against an investigation into ACA commercial risk adjustment practices
  • Defended a top pharmacy benefits entity against state agency litigation enforcing new Pharmacy Benefit Manager (PBM) legislation
  • Conducted an internal investigation into whistleblower allegations related to a national Medicare Advantage organization's regulatory compliance
  • Represented a large food and beverage company in federal ERISA litigation
  • Represented a financial institution in investigations and litigation related to high-frequency trading
  • Represented the audit committee of a multinational consumer goods company in a shareholder demand investigation
  • Represented a top technology company and large apparel company in a shareholder demand matter
  • Represented a Chinese fertilizer company in a shareholder derivative litigation

Insights

Credentials
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Education

  • J.D. cum laude Fordham University 2008
    • Dean's List
    • Notes and articles editor, Fordham Law Review
    • Judicial extern, the Honorable John G. Koeltl, U.S. District Court for the Southern District of New York, 2007
  • B.S. Industrial and Labor Relations Cornell University 2005
    • Dean’s List
    • National Dean’s List

Bar Admissions

  • New York

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Clerk Experience

  • The Honorable Peter K. Leisure U.S. District Court for the Southern District of New York

Professional Memberships and Activities

  • Member, National Association of Women Lawyers
  • Member, American Health Law Association
  • Member, American Bar Association
  • Member, Federal Bar Council
  • Member, New York State Bar Association

Languages

  • Russian