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In 2007, the National Law Journal included Fred Cohen in its list of ten of the nation's top litigators. Mr. Cohen has built his reputation litigating false claims act cases, patent and trademark infringement matters, class actions, health care matters, business tort and contract cases, e-commerce issues, and state and local tax challenges. He has amassed a string of courtroom victories, and in his most recent victory obtained the largest jury verdict in the history of the False Claims Act.
Based on his trial successes, the National Advocacy Center, which is run by the United States Department of Justice, invited Mr. Cohen to be on its faculty to train experienced Assistant United States Attorneys on trial skills. Mr. Cohen was awarded the 2007 Trial Lawyer of the Year Award from the Public Justice Foundation (he was a finalist for the award in 2006). He is a 2006 recipient of the Excellence in Pro Bono Award from the U.S. District Court for the Northern District of Illinois, a 2005 recipient of the American Academy of Pediatrics Child Health Advocate of the Year Award and a 2004 recipient of the Equal Justice Award from the Sargent Shriver National Center on Poverty Law. He is the Chairman of Goldberg Kohn's Technology Committee, and he has particular expertise in e-discovery issues.
Mr. Cohen is a member of the governing board of the Sargent Shriver National Center on Poverty Law and the Public Interest Law Initiative.
Representative Matters
- Mr. Cohen represents Cleveland Tyson against Amerigroup, Illinois Inc. and Amerigroup Corporation in a lawsuit that alleges violations of the False Claims Act and the Illinois Whistleblower Reward and Protection Act. After a four-week jury trial, at which Mr. Cohen served as co-lead counsel, he obtained the largest jury award in the history of these statutes. The total judgment is for $334 million on behalf of the United States of America and the State of Illinois . Amerigroup is being defended by Ted Olson, a former solicitor general, and Miguel Estrada, a nominee for the United States Court of Appeals.
- On a pro bono basis, Mr. Cohen represents a class of 600,000 children on Medicaid in a lawsuit against the Illinois Department of Public Aid and the Illinois Department of Human Services. That case is the broadest challenge to date to a state's administration of the Medicaid Act under the "equal access" and "EPSDT" provisions. After a four-week bench trial, at which Mr. Cohen served as lead counsel, Judge Joan Lefkow issued an opinion providing the class with a landmark victory, declaring that the state's administration of the Medicaid Act violates the rights of these 600,000 children. Along with his co-counsel, Mr. Cohen negotiated a favorable Consent Decree that provides broad relief to the class immediately and a platform for even more relief after further proceedings.
- Mr. Cohen has represented Exelon Corporation and its subsidiary Commonwealth Edison Company for more than 14 years in a variety of complex litigation matters, including a lawsuit challenging the annexation of one of Exelon's nuclear power plants to a municipality, and in a series of cases regarding the valuation of Exelon's nuclear and fossil-fueled generating stations. One of those cases involved a 2 1/2 month trial before an Illinois administrative agency, resulting in an assessment reduction of $1.5 billion in market value.
- Mr. Cohen represented Philip Morris USA as regional counsel in protecting the famous Marlboro trademarks from counterfeiters in a host of litigation matters.
- Mr. Cohen represented Nextel West Corporation in several class action matters, including one involving a class comprised of customers in 17 states.
- Mr. Cohen has represented clients in a variety of patent disputes in the areas of digital signal processing, mechanical devices, and home health and beauty care products.
- On a pro bono basis, Mr. Cohen previously represented Marva Paull, who ran for judge of the Circuit Court of Cook County, challenging the constitutionality of an election practice that historically has thwarted the campaigns of candidates who were not "slated" by the Democratic Party. After a successful jury verdict, the unconstitutional practice has all but disappeared.
Education- University of Chicago, J.D., with honors, 1990
- University of Illinois, B.A. in finance, 1987
Bar Admissions- Illinois
- U.S. District Court, Northern District of Illinois, the Seventh Circuit Court of Appeals, and the United States Supreme Court.
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