Valerie Cohen
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.
Experience
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
Insights
Credentials
Education
- 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
Languages
- Russian
Community
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.