Valerie Cohen

Counsel

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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.

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Languages

  • Russian

Admissions

Bar Admissions

  • New York
  • Connecticut

Court Admissions

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

Education

  • 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

Professional Activities

Clerkships

  • Honorable Peter K. Leisure, U.S. District Court, Southern District of New York

Externships

  • Honorable John G. Koeltl, U.S. District Court, Southern District of New York

Member

  • New York State Bar Association, Federal Bar Council, American Bar Association

Lecturer

  • 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)

Co-Author

  • “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)

Author

  • “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.