Valerie Cohen
Valerie is recognized for her defense of FCA and Anti-Kickback Statute (AKS) matters, particularly in Medicare Advantage (Part C) and Affordable Care Act (ACA) risk adjustment. She routinely represents clients before the U.S. Department of Justice (DOJ), the Centers for Medicare & Medicaid Services (CMS), and the Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS).
She also counsels clients on emerging issues in drug pricing, tariffs, Pharmacy Benefit Manager (PBM) regulation, Stark Law compliance, and the use of the FCA in cybersecurity and civil rights enforcement. Valerie has litigated Administrative Procedure Act (APA) and Freedom of Information Act (FOIA) cases against regulatory bodies. Her regulatory and litigation experience enables clients to anticipate enforcement trends and strengthen internal compliance programs.
Valerie also represents corporations, boards of directors, and executives in sensitive internal investigations and corporate governance and securities litigation, including securities fraud, breach of fiduciary duty, derivative, and books-and-records actions. She has led internal investigations involving employment, whistleblower, and restrictive covenant matters. 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’s pro bono practice reflects her commitment to justice—achieving a trial victory for an elderly disabled client, securing Holocaust reparations and pensions, and obtaining asylum for at-risk individuals.
Related Practices
Related Industries
- Healthcare
- Healthcare: Corporate Governance
- Healthcare: Regulatory Compliance
- Healthcare: Fraud and Abuse
- Healthcare: Government and Private Health Program Reimbursement
- Healthcare: Enforcement, Litigation, Investigations, and Audits
- Healthcare: Privacy, Data Security, and HIPAA/HITECH
- Healthcare: Technology and Digital Health Law
Experience
Representative Matters
Healthcare and FCA Enforcement
- Defended multiple national Medicare Advantage organizations in a direct DOJ civil FCA investigation and litigation in the Southern District of New York, and in a DOJ-intervened whistleblower FCA litigation in the Northern District of California
- Resolved DOJ FCA civil investigative demands premised on lab referral kickback theory
- Resolved a clinician state medical licensure board proceeding brought by a state professional licensing body
- Led internal investigations for telehealth and teleaudiology companies concerning licensure, device sales, and regulatory compliance, and guided subsequent compliance redesigns
- Defended a large pharmacy benefit manager (PBM) in state enforcement litigation challenging newly enacted PBM legislation
- Advised a health technology company on Medicaid enrollment software compliance and state-level contracting
- Represented a pharmaceutical company as a non-party in California state court litigation, protecting its proprietary interests
Regulatory and Commercial Counseling
- Provided strategic regulatory advice to pharmaceutical investment and claims management firms on drug pricing and tariff impacts
- Advised an over-the-counter (OTC) label manufacturer in a commercial contract dispute with a major drug company
- Counseled a vitamin supplement company on FDA labeling, brand protection, and enforcement strategy
- Advised pharmaceutical companies participating in Medicare Part D on implications of the 2022 Inflation Reduction Act Medicare drug price negotiation program
- Counseled an investment firm on impacts of a pending DOJ civil investigation on an entity in bankruptcy proceedings
Corporate Investigations / Governance and Securities Litigation
- Conducted an internal investigation into commercial loan underwriting and lending practices of multiple lenders on behalf of a leading secondary mortgage market institution
- Represented audit committees and boards of multinational consumer goods, technology, and apparel companies in shareholder books-and-records demand investigations and shareholder derivative litigations
- Represented a financial institution in investigations and litigation related to high-frequency trading practices
- Defended a global food and beverage company in federal ERISA litigation involving alleged breach of a top-hat benefit plan
Insights
Credentials
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, Role of AI Subcommittee, Venable 2030 (V30) Strategic Planning Committee
- 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