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Valerie Cohen is an established and experienced lawyer specializing in False Claims Act litigation, regulatory and internal investigations and compliance redesign in the managed care and pharmacy benefit areas, and securities litigation.
Valerie’s work is extensive and distinct, focusing on major healthcare insurers and financial institutions in complex, high-stakes civil litigation and regulatory, enforcement, and business matters. Valerie has particular expertise 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, and other laws and regulations impacting managed care organizations. Valerie has a long record of representing healthcare clients before the U.S. Department of Justice and healthcare regulators at the Centers for Medicare & Medicaid Services and the Office of the Inspector General for the U.S. Department of Health and Human Services. Valerie was seconded to a large healthcare company for nine months.
Valerie 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, as well as investigating and advising boards of directors on shareholder demands. Valerie 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.
Valerie also represents 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. For six months, Valerie was seconded to a large financial firm to assist in-house counsel with regulatory investigations, securities class actions, derivative actions, and ERISA litigation.
Valerie maintains an active and dynamic pro bono practice. Her experience in this regard includes a trial victory on behalf of an elderly and disabled client, the representation of Holocaust survivors seeking reparations and pension payments for work performed in ghettos, and securing asylum for at-risk individuals. Valerie is passionate about her practice and ensuring that her clients’ causes and needs are met.
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court, Eastern and Southern Districts of New York
- Fordham University, J.D.: cum laude; Dean's List; Notes and Articles Editor, Fordham Law Review (2007-08)
- Cornell University, B.S., Industrial and Labor Relations: Dean's List; National Dean's List
- Honorable Peter K. Leisure, U.S. District Court, Southern District of New York
- Honorable John G. Koeltl, U.S. District Court, Southern District of New York
- New York State Bar Association, Federal Bar Council, American Bar Association
- Continuing Legal Education Program (Zoom), Commercial and Medicaid Risk Adjustment: Mechanics, Standards, and Enforcement Developments (July 2022)
- Continuing Legal Education Program (NY), Nuts and Bolts of Filing a Summary Judgment Motion (November 2014)
- Continuing Legal Education Program (NY), Shareholder Demands and Derivative Suits Under Delaware Law (August 2012)
- “Delaware Supreme Court Upholds Rare Ruling that Material Adverse Event Allowed Purchaser to Negate Merger,” O’Melveny & Myers LLP Client Alert (December 2018)
- “Shareholder Derivative Actions: From Cradle to Grave,” O’Melveny & Myers LLP Publication (November 2017) (co-authored with Seth Aronson)
- “Changing Tides: Legalizing Surrogacy in New York,” Pamela Miller and Valerie Cohen, New York Law Journal (March 18, 2016)
- “Second Circuit Permits Arbitration Claims to Proceed Despite $100 Million Class-Action Settlement,” O’Melveny & Myers LLP Client Alert (November 2011) (co-authored with Robert Stern and Allen Burton)
- “Keeping Students Alive: Mandating On-Campus Counseling Saves Suicidal College Students’ Lives and Limits Liability,” 75 Fordham Law Review 3081 (2007)
- Defending national Medicare Advantage organizations in False Claims Act civil litigations in the Southern District of New York and the Northern District of California.
- Defending an investigation into Affordable Care Act commercial risk adjustment practices.
- Defending top pharmacy benefits entity in state agency litigation enforcing new Pharmacy Benefit Manager legislation
- Advising 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 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 audit committee of multinational consumer goods company in shareholder demand investigation.
- Represented large technology company in shareholder demand matter.
- Represented large apparel company in shareholder demand matter.
- Represented Chinese fertilizer company in shareholder derivative litigation.
- Represented large food and beverage company in federal ERISA litigation.