Mr. Cohen was born in Ann Arbor, Michigan and has been practicing law since 1986. Several years into his career as a corporate lawyer on Wall Street, he began developing expertise in health law with a focus on complementary medicine. He now has a general practice, with an emphasis on health law and consultative services in litigaiton. Mr. Cohen has been associated with prestigious international law firms (such as Davis Polk & Wardwell) and institutions (such as Harvard University), and brings his entrepreneurial spirit and sense of holism to facilitate pragmatic resolution to diverse legal and regulatory challenges.
Education: B.A., Columbia University, New York, 1983. J.D., Boalt Hall School of Law, University of California, Berkeley, 1986. M.B.A., Haas School of Management, University of California, Berkeley, 1988. M.F.A., Iowa Writers' Workshop, University of Iowa, 1990.
Member of the Bar: California (1999), Massachusetts (1988), New York (1988), Washington D.C. (2000).
Selected Legal Experience: Legislative Aide, New York City Councilman Henry J. Stern (1982). Assistant Investment Officer, Municipal Assistance Corporation for the City of New York (1983). Invited to Boston University Law Review (1984). Invited to California Law Review (1984). Member and Book Review Editor, California Law Review (1984-86). Law Clerk, Judge Thomas P. Griesa, United States District Court, Southern District of New York (1986-87). Associate, Davis Polk & Wardwell, New York (corporate department), New York (1990-93). Associate, Shereff, Friedman, Hoffman & Goodman (litigation department), New York (1993). Adjunct Instructor, Brooklyn Law School (1993; legal writing, moot court); Associate Professor, Widener University School of Law and Chapman University School of Law (1993-99; civil procedure, conflicts of laws, constitutional law, criminal law, health law, insurance law); Visiting Professor, Arizona State University (East Campus 1999-00). Associate, Burkhalter, Michaels & George, Orange County, California (2000; Of Counsel, 2001-02). Senior Lecturer, College of the Bahamas (UWI/LLB Program) (2005-; intellectual property, legal methods, law of international organizations, private international law). Principal, Law Offices of Michael H. Cohen (opened in 1999).
Selected Health Law Experience: Medical Institute for Law Faculty, Cleveland-Marshall School of Law and Cleveland Clinic (1995). Director of Legal Programs, Center for Alternative Medicine Research and Education, Beth Israel Deaconess Medical Ceter, Boston (2000-02); Director of Legal Programs, Harvard Medical School Division for Research and Education in Complementary and Integrative Medical Therapies (2000-05) and Harvard Medical School Osher Institute, Boston (2002-05). Lecturer on Medicine, Harvard Medical School, Harvard University (2000-02); Assistant Professor of Medicine, Harvard Medical School, Harvard University (2002-2005); Assistant Clinical Professor of Medicine, Harvard Medical School, Harvard University (2005-); Course Director, Complementary and Alternative Medicine: Health Law and Policy (HPM 218), Department of Health Policy & Management, Harvard School of Public Health, Harvard University (2003-). Assistant Professor, Department of Health Policy and Management, Harvard School of Public Health (2005-).
Selected Grants and Awards: G. Joseph Tauro Distinguished Scholar (1983); Recipient, Corpus Juris Secundum Award (1983); Recipient, American Jurisprudence Award (1983). Fortieth Anniversary Senior Fellow, Center for the Study of World Religions, Harvard Divinity School, Harvard University (2002-03). Principal Investigator, Legal and Social Barriers to Alternative Therapies, National Library of Medicine (National Institutes of Health) (2001-04); Principal Investigator, Pediatric Use of Complementary Therapies by Parents: Ethical and Policy Choices, Greenwall Foundation (2004-05); Co-Investigator, Models of Integrative Care in an Academic Health Center, National Center for Complementary and Alternative Medicine (2001-05); Co-Investigator, International Center for Research on CAM, National Center for Complementary and Alternative Medicine (2003-05); Research Collaborator, Decision-Making About Complementary and Alternative Therapies for Children and Youth: Legal, Ethical and Clinical Issues, Hospital for Sick Children, Toronto (2004-06).
Other Training: M.S.C., The New Seminary, New York, 1992. Graduate, Barbara Brennan School of Healing, 1996. Hospice training, Compassion in Action, Los Angeles VA Hospital, 1999. Hatha Yoga Teaching Certificate, Full Spectrum Yoga, 2004. R.Y.T. (Registered Yoga Teacher), Yoga Alliance, 2004.
Selected Publications: Reconstructing the Implied Covenant of Good Faith and Fair Dealing as a Tort, 73 Calif. L. Rev. 1291 (1985); A Fixed Star in Health Care Reform: The Emerging Paradigm of Holistic Healing, 27 Ariz. State L. J. 79 (1995); Toward a Bioethics of Compassion, 28 Ind. L. J. 667 (1995); Holistic Health Care: Including Complementary and Alternative Medicine in Insurance and Regulatory Schemes, 38 Ariz. L. Rev. 83 (1996); Malpractice and Vicarious Liability for Providers of Complementary and Alternative Medicine, Bender's Health Care Monthly 3 (July 1996); Creative Writing for Lawyers (New York: Carol Publishing, 1990); Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives (Baltimore: Johns Hopkins University Press, 1998); Malpractice Considerations Affecting the Clinical Integration of Complementary and Alternative Medicine, 2:4 Current Practice of Medicine 87 (1999); U.S. Dietary Supplement Regulation: Belief Systems and Legal Rules, 11:1 Hastings Women's L. J. 3 (2000); Beyond Complementary Medicine: Legal and Ethical Perspectives on Health Care and Human Evolution (Ann Arbor: University of Michigan Press, 2000); Future Medicine: Ethical Dilemmas, Regulatory Challenges, and Therapeutic Pathways to Health and Healing in Human Transformation (University of Michigan Press, 2003); Legal Issues in Integrative Medicine (NAF Press, 2005); Healing at the Borderland of Medicine and Religion (University of North Carolina Press, in press, 2006); Regulation, Religious Experience, and Epilepsy: A Lens on Complementary Therapies, 4:6 Epilepsy Behav. 602 (2003); Complementary and Integrative Medical Therapies, the FDA, and the NIH: Definitions and Regulation, 16 Derm. Ther. 77 (2003); Healing at the Borderland of Medicine and Religion: Regulating Potential Abuse of Authority by Spiritual Healers, 18:2 J. Law. & Relig. 373 (2004); Legal and Ethical Issues in Complementary Medicine: A U.S. Perspective, Med. J. Australia 2004;181:3:168-169; Negotiating Integrative Medicine: A Framework for Provider-Patient Conversations. Negotiation J. 2004;30:3;409-433; Regulating 'Healing:' Notes on the Ecology of Awareness and the Awareness of Ecology. St. John's L. Rev. 2005;78:4:1167-1192.
Business legal advice/General Counsel. We can serve as General Counsel for your business, as your personal attorney, or in a consulting capacity for special expertise. Let us help you with:
Business Formation: create the right legal structure for your enterprise.
Exit Strategy: implement a buy/sell agreement to protect your rights.
Licenses and Intellectual Property: protect your IP through copyright or trademark.
Liability Management: assess and manage potential liability risks.
Distribution and Service Agreements: draft and negotiate contracts to sell your goods & services.
Employment and Joint Venture Agreements : secure your employees and strategic partners.
Dispute Resolution : negotiate and resolve disputes before they blossom into lawsuits.
E-commerce: draft disclaimers, privacy policies, and legal documents for online business.
Nondisclosure agreements: protect confidentiality, and address other business legal concerns.
Health care law expertise . If you are in a health care practitioner, integrative medicine clinic, medical spa, dietary supplement manufacturer, yoga studio, or health institution, we can help you with:
Disciplinary Issues: respond to disciplinary investigations by your professional regulatory board.
FDA Compliance: assist with FDA compliance regarding dietary supplements or medical devices.
FTC Issues: review your website and address Federal Trade Commission issues.
Fee-splitting, Stark, and anti-kickback : handle conflicts of interest issues.
Liability: analyze malpractice liability issues affecting your practice or facility.
Licensing: address licensure, scope of practice, and credentialing issues.
Insurance: discuss billing and coding, plan participation, Medicare/Medicaid issues.
Institutional Policies : develop procedures, operational policies, and contracts.
Other Legal Needs : evaluate and address other legal and regulatory needs.
Clear legal advice to grow your business: Attorney Michael H. Cohen has worked as a Wall Street lawyer, is author of numerous books, and has been a faculty member at Harvard University . Our clients include many kinds of professionals and ventures, both in general business and in the health care field. Our attorneys are licensed in California, Maryland, Massachusetts, New York, Washington, D.C., and the United Kingdom. We have experience working with clients in many states, from Vermont across to Oregon, and with international projects such as Dubai Health Care City or the sale of police evidence vehicles destined for Beijing. Ours years of unique experience informs our legal and business judgment, and we aim to deliver cost-effective, efficient service with leaner staffing than you would find at most law firms.