Valerie Cohen

Valerie Cohen

Valerie Cohen is an established lawyer specializing in False Claims Act litigation, regulatory and internal investigations, and compliance redesign in the managed care reimbursement, pharmacy benefit, and drug manufacturer areas.  Valerie focuses on major healthcare insurers, pharmaceutical entities, and financial institutions in complex, high-stakes civil litigation and regulatory, enforcement, and business matters. She is regarded for litigating and investigating risk adjustment matters for Medicare Advantage and Commercial exchange plans under the Affordable Care Act. Valerie has specialized knowledge of the False Claims Act, Anti-Kickback Statute, 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, the Centers for Medicare & Medicaid Services, and the Office of the Inspector General for the U.S. Department of Health and Human Services.

Valerie 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 addition to investigating and advising boards of directors on shareholder demands. 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 also has experience litigating 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, Department of Justice, and state attorneys general. Valerie has defended issuers and underwriters in shareholder securities class actions and derivative actions brought in United States federal and state courts. She also successfully represented a large public company in an ERISA matter involving an alleged breach of a top-hat benefit plan.


Representative Matters

  • Defending DOJ False Claims Act civil investigative demand premised on lab referral kickback theory
  • Defending a pharmaceutical company as a non-party to California state court litigation
  • Providing regulatory compliance counseling to health tech company concerning Medicaid enrollment software
  • Defended a Medicare Advantage organization in DOJ intervened False Claims Act qui tam civil litigations in the Northern District of California
  • Defended a national Medicare Advantage organization in a False Claims Act DOJ civil investigative demand, followed by a direct DOJ False Claims Act lawsuit in the Southern District of New York
  • Defended an investigation into Affordable Care Act commercial risk adjustment practices
  • Defended top pharmacy benefits entity in state agency litigation enforcing new Pharmacy Benefit Manager legislation
  • Advised on business and compliance process redesign based on shifting legal and regulatory standards impacting managed care organizations
  • Conducted an internal investigation into whistleblower allegations related to a national Medicare Advantage organization's compliance with Medicare Advantage regulations
  • 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 financial institutions as underwriters in shareholder securities class actions and derivative actions in federal and state courts
  • 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 matters
  • Represented a Chinese fertilizer company in a shareholder derivative litigation




  • J.D. cum laude Fordham University 2008
    • Dean's List
    • Notes and articles editor, Fordham Law Review
    • Judicial extern, 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

  • 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 (NAWL)
  • Member, American Health Law Association (AHLA)
  • Member, American Bar Association
  • Member, Federal Bar Council
  • Member, New York State Bar Association


  • Russian


Pro Bono

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.