Cohen, Josh A

Attorneys, Accident & Property Damage Attorneys, Business Law Attorneys

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Cohen, Josh A

Criminal Defense
Anti-Kickback Statute and Stark Laws Violations: The Anti-Kickback Statute (“AKS”) is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients). Remuneration, defined broadly, includes anything of value. It can take many forms besides cash, such as free or reduced rent, expensive hotel stays and meals, and excessive compensation for medical directorships or consultancies. A health care provider can be guilty of violating the AKS even if they rendered a medically necessary service.

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Neighborhoods: Downtown-Penn Quarter-Chinatown, Northwest Washington
AKA: Cohen Josh A Lawyer
Categories: Attorneys, Accident & Property Damage Attorneys, Business Law Attorneys, Business Litigation Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Employment Discrimination Attorneys, Immigration Law Attorneys, Labor & Employment Law Attorneys, Sexual Harassment Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys, Workers Compensation Assistance, Wrongful Death Attorneys

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Phone: (202) 434-5125

Address: 725 12th St NW, Washington, DC 20005

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Cohen, Josh A

Criminal Defense
Anti-Kickback Statute and Stark Laws Violations: The Anti-Kickback Statute (“AKS”) is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients). Remuneration, defined broadly, includes anything of value. It can take many forms besides cash, such as free or reduced rent, expensive hotel stays and meals, and excessive compensation for medical directorships or consultancies. A health care provider can be guilty of violating the AKS even if they rendered a medically necessary service.
Wrongful Death
The TODAY Show, in June 2017 we filed a series of individual wrongful death lawsuits against the Lindsay Corporation, alleging that the Lindsay X-LITE guardrail system, installed on roadways in 29 states across the United States, is defective, contributing to such deaths. Since that time, additional cases involving wrongful death and catastrophic injury have been filed against Lindsay Corporation. We have also met with federal and state transportation and highway officials and legislators to discuss Lindsay X-LITE safety concerns.
Sex Crimes
Fraud
We have assisted public clients in litigating landmark consumer fraud cases against many of the largest financial services, health care and other companies in the United States. While many of our representations are confidential investigations, some cases are matters of public record. We have represented multiple public clients in civil law enforcement investigations aimed at the fraudulent lending practices that led to the financial crisis in 2008. We were counsel to the state of Nevada in a consumer fraud lawsuit against Bank of America over the servicing of approximately one-half million mortgages, securing financial payments, commitments to mortgage modifications and other relief valued at nearly $1 billion. We served as counsel to a co-lead state in the landmark consumer fraud lawsuit against Standard & Poor’s over the misrepresentation of its business model responsible for rating mortgage-backed securities, which resulted in a $1.375 billion global settlement for 19 states, the District of Columbia and the United States Department of Justice. Most recently, we represented the co-lead state and another state in the $864 million settlement achieved by 22 states and the U.S. Department of Justice with Moody’s Corporation, Moody’s Investor Services, Inc. and Moody’s Analytics, Inc. The Moody’s and S&P cases produced key industry reforms that guarantee greater transparency for consumers and divested the credit rating agencies of more than $2.2 billion for their conduct contributing to the national housing crisis and Great Recession.
Assault
Murder
Corporate Complicity in Human Rights Abuses: We represented eleven villagers from Aceh, Indonesia, who alleged that they or their relatives endured horrific human rights abuses, including murder, torture, sexual violence, and kidnapping, at the hands of Indonesian soldiers contracted by ExxonMobil to guard its operations in the region. On May 15, 2023, a week before a jury trial was to start and after 22 years of litigation, the case settled. Although the case was litigated in U.S. federal court, Indonesian law applied to Plaintiffs’ claims and was applied by the court. The case, John Doe I v. ExxonMobil Corporation (D.D.C.), set numerous legal precedents during its 20-year history, during which it saw two trips to the D.C. Circuit Court of Appeals (decided January 2007 and July 2011) and one to the Supreme Court (certiorari was denied in 2008). Each time, novel issues of foreign policy impact, extraterritorial jurisdiction, and choice of law were briefed and considered by the Court of Appeals. In August 2022, months before trial, the district court largely denied ExxonMobil’s motion for summary judgment, finding most of its arguments “entirely meritless.” Cohen Milstein and co-counsel were awarded the 2024 Public Justice Trial Lawyer of the Year Award for the successful resolution of this case.
Kidnapping
Paul Rusesabagina, et al. v. The Republic of Rwanda, et al.: We represented U.S. Presidential Medal of Freedom winner Paul Rusesabagina and his family against the Republic of Rwanda, the President of Rwanda and other members of the government for allegedly kidnapping Mr. Rusesabagina and taking him back to Rwanda, where he was imprisoned, tortured and subjected to a sham trial. Mr. Rusesabagina is perhaps best known for saving thousands of lives during the Rwandan genocide in 1994, a story that inspired the Academy Award-nominated film, Hotel Rwanda. On March 16, 2023, the court held that three Rwandan officials must face plaintiffs’ claims. A week later, after negotiations with the White House, Rwanda released Mr. Rusesabagina and, after two-and-a-half years in captivity, he returned home to the United States.

Business and Corporate Law

Corporate Law
Bear Stearns Mortgage Pass-Through Certificates Litigation, one of nine cases we led that recouped more than $2.5 billion for investors in mortgage-backed securities. We also represent shareholders of publicly traded companies in derivative lawsuits that hold accountable corporate leaders who breach their fiduciary duties, harming the company and investors. We crafted settlements with Alphabet ($310 million), Wynn Resorts ($90 million), L Brands ($90 million), and other companies that combined large financial commitments with sweeping corporate governance reforms aimed at preserving long-term shareholder value.
Unfair Competition
The People of the State of California v. Grubhub Inc., et al. (Calif. Sup. Crt., Los Angeles Cnty.): Los Angeles County, on behalf of the People of the State of California, has sued Grubhub for false advertising and violations of the California Unfair Competition Law. County Counsel’s Affirmative Litigation and Consumer Protection Division has retained Cohen Milstein to assist on the case.
Antitrust
Businesses that have learned that their competitors are engaged in fraudulent schemes directed against the government. Sometimes these schemes are intended to give the competitor an unfair advantage in soliciting government business, thus triggering potential overlapping antitrust violations.

Workers Compensation
Ohio Bureau of Workers Compensation (BWC) v. OptumRx Administrative Services, LLC (Franklin C.P., Ohio): Led by Ms. Saler, Cohen Milstein served as Special Counsel to the Ohio Attorney General’s Office in breach of contract litigation against OptumRx Administrative Services, LLC for its allegedly overcharging BWC on certain pharmaceutical claims that OptumRx processed as BWC’s PBM. On October 28, 2022, OptumRx agreed to pay the State of Ohio $15 million to settle the litigation.
Employment Discrimination
Breen v. Chao (D.D.C.): On April 28, 2021, the Department of Transportation and Federal Aviation Administration agreed to a record-breaking $43.8 million settlement to end a 16-year-old lawsuit alleging discrimination against 670 former Flight Service Specialists who live in nearly all 50 states. The settlement, the largest ever reached in an age discrimination lawsuit involving the federal government, concludes this ligation. Cohen Milstein and co-counsel represented of Flight Service Specialists in this age discrimination lawsuit.
Employment Litigation
Our civil rights and employment attorneys are legal visionaries and innovators. They have litigated landmark civil rights and employment disputes before the highest courts in the nation, and continue to actively shape civil rights and employment law in the United States.
Sexual Harassment
Alphabet Derivative Litigation codified a “best in class approach … to address sexual harassment sexual misconduct, discrimination, retaliation, inequity and inclusion in the workplace.” He called the result “a credit to what … your profession can do to solve a problem.”

Property Damage
Reed, et al. v U.S.A (E.D. Tenn.): Cohen Milstein represents plaintiffs in a wrongful death and property damage mass action against the United States Department of Interior and National Park Service for the negligence of its employees to perform their duties during The Chimney Tops 2 Fire in Tennessee, which originated in the Great Smoky Mountains National Park and ultimately damaged or destroyed 2,500 homes, buildings and other structures, and killed more than a dozen people.

Immigration Law

Employment Immigration
D. Michael Hancock is the former Assistant Administrator for the U.S. Department of Labor’s Wage and Hour Division. During his 20 years there, he helped enforce a range of workplace protections, from minimum wage, overtime, child labor and the Family Medical Leave Act, to guest worker and other employment-based immigration programs.

Disability Discrimination
Stanley, et al. v. BarBri, Inc. (N.D. Tex.): In January 2018, Cohen Milstein clients, blind law students, successfully settled a disability discrimination class action against BarBri, Inc. – host of the country’s largest attorney bar exam prep course. Plaintiffs alleged that BarBri’s test prep offerings, including its mobile application, website and course materials, were inaccessible to visually impaired students in violation of the Americans with Disability Act and a similar Texas state law.

Trusts and Estates

Trusts
Jerry S. Cohen, a founding partner of this law firm, devoted his political and legal career to pursuing economic justice. The Jerry S. Cohen Memorial Charitable Trust, recognizing outstanding achievement in antitrust scholarship, was established by Cohen Milstein Sellers & Toll in his honor.

Tax Law
Our attorneys have extensive experience representing individuals who submit claims under the IRS Whistleblower Program and working collaboratively with the IRS to facilitate its recovery of underpaid taxes and to obtain awards for our clients. We handle a range of matters involving sophisticated tax issues, such as the U.S. tax liability of international corporate transactions, Ponzi-like tax fraud schemes, and the taxation of complex financial instruments. We will not hesitant to engage tax consultants when expertise regarding a particular aspect of the U.S. Tax Code is called for.

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