Richard Cohen

Richard W. Cohen is the president 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 successfully argued appeals as class counsel for health insurers in In re Cardizem CD Antitrust Litigation, 332 F.3d 896 (6th Cir. 2003) (settlement of $80 million), and In re Warfarin Sodium Antitrust Litigation, 391 F.3d 516 (3d Cir. 2004) (settlement of $44.5 million).

Since 1998, Mr. Cohen has represented health insurers in numerous class actions, opt-out cases and settlements.  In 2009, Mr. Cohen negotiated the allocation of $288,000,000 to health insurers from a $350,000,000 "endpayer" class action settlement with McKesson Corporation.  In 2004, Mr. Cohen negotiated the allocation of $110,000,000 to health insurers from a $150,000,000 "endpayer" settlement with TAP Pharmaceuticals.

Since 2006, Mr. Cohen has achieved dismissal for health insurance clients of four class action lawsuits: Kesselman v. The Rawlings Company, LLC, 668 F. Supp. 2d 604 (S.D.N.Y. 2009);  Elliot Plaza Pharmacy v. Aetna U.S. Healthcare, 2009 WL 702837 (N.D. Okla. 2009); Main Drug, Inc. v. Aetna U.S. Healthcare, 475 F.3d 1228 (11th Cir. 2007) (dismissing appeals from 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)); and Medfusion Rx, LLC v. Humana Health Plan, Inc., Case No CV-08-PWG-0451-S (U.S.D.C., N.D. Ala.).

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 institutional investors in important 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); and Millenco L.P. v. meVC Draper Fisher Jurvetson Fund I, Inc., 824 A.2d 11 (Del. Ch. 2002). In 2009, Mr. Cohen won, and collected for investors, a multi-million dollar arbitration award against a hedge fund (AAA No. 13 148 Y 02207 08).

Mr. Cohen has an AV rating from Martindale-Hubbell, the highest rating a lawyer can obtain, as established by confidential opinions from members of the Bar.

Mr. Cohen graduated from 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.