Richard Cohen

Richard W. Cohen is the president and managing attorney of the firm.

Mr. Cohen represents health insurers in actions to recover amounts overpaid for prescription drugs, medical devices, and medical services. Mr. Cohen argued successfully before the United States Court of Appeals for the Second Circuit to win a landmark decision protecting the rights of health insurers to sue drug companies to recover overcharges for drugs prescribed to their insureds. Desiano v. Warner-Lambert, 326 F.3d 339 (2d Cir. 2003). Mr. Cohen prosecuted and argued two appeals in Cardizem CD class action cases which established that long-standing practices used by drug companies to delay generic competition violate antitrust law. In re Cardizem CD Antitrust Litigation, 332 F.3d 896 (6th Cir. 2003) (settlement of $80 million). Mr. Cohen argued successfully before the U.S. Court of Appeals to affirm the allocation to third party payers of 85% of the $44.5 million settlement he helped negotiate as class counsel in In re Warfarin Sodium Antitrust Litigation, 391 F.3d 516 (3d Cir. 2004).

Mr. Cohen is currently defending Aetna in a class action lawsuit on behalf of retail pharmacies.  In March 2009, the Court granted Aetna's motion to dismiss.  Elliot Plaza Pharmacy v. Aetna U.S. Healthcare, 2009 WL 702837 (N.D. Okla. March 16, 2009).  In 2007, Mr. Cohen won an appeal for Aetna in a class action lawsuit in the United States Court of Appeals for the 11th Circuit, resulting in the dismissal without any liability of a class action case captioned Main Drug, Inc. v. Aetna U.S. Healthcare, 475 F.3d 1228 (11th Cir. 2007). Prior to appeal, Mr. Cohen made new law under the Class Action Fairness Act of 2005 (CAFA), twice sustaining removal of this class action case from Alabama state court to federal court, notwithstanding that the complaint had been filed before CAFA was enacted. Main Drug, Inc. v. Aetna U.S. Healthcare, 455 F. Supp. 2d 1323 (M.D. Ala. 2006) and 455 F. Supp. 2d 1317 (M.D. Ala. 2005).

Mr. Cohen represented the National Coalition of Pharmaceutical Distributors as amicus curiae in a successful effort to prevent the U.S. Food and Drug Administration from implementing new prescription drug "pedigree" rules that discriminate against secondary wholesalers.  Dept. of Health and Human Services, U.S. FDA v. RxUSA Wholesale, Inc., 285 Fed. Appx. 889, 2008 WL 3699935 (2d. Cir. 2008).

Mr. Cohen has successfully represented prominent activist investors in stockholder voting rights and corporate governance cases, including Delcath Systems, Inc. v. Ladd, 466 F.3d 257 (2d. Cir. 2006); Salomon Brothers Mun. Partners Fund, Inc. v. Thornton, 410 F. Supp. 2d 330 (S.D.N.Y. 2006); meVC Draper Fisher Jurvetson Fund I, Inc. v. Millennium Partners, 260 F. Supp. 2d 616 (S.D.N.Y. 2003); Millenco L.P. v. meVC Draper Fisher Jurvetson Fund I, Inc., 824 A.2d 11 (Del. Ch. 2002).

Mr. Cohen has earned an AV rating by Martindale-Hubbell, the highest rating a lawyer can obtain, indicating a very high to preeminent legal ability and exceptional ethical standards as established by confidential opinions from members of the Bar.

Mr. Cohen is a graduate of Georgetown University (A.B. 1977) and the New York University School of Law (J.D. 1980). Mr. Cohen is admitted to practice in New York and Pennsylvania, and is a member of the bars of the U.S. Courts of Appeals for the 1st, 2nd, 3rd, 6th and 11th Circuits; and the U.S. District Courts for the Southern and Eastern Districts of New York, the Eastern District of Michigan and the Eastern District of Pennsylvania.