165391_bioimage

Michael S. Cohen



Michael is a seasoned litigator and trial lawyer who represents hospitals, nursing homes, other health care providers, municipalities, colleges, universities and private educational institutions in a variety of litigation matters. He leads the firm’s Health Care Litigation team and is a co-founder of the Indian Law & Gaming team.

What do you focus on?

I currently focus my practice on three main areas, in which I apply more than three decades of litigation and trial experience.

Health Care Litigation

I regularly represent hospitals, nursing homes, clinics and other members of the regulated health care community in litigation and administrative proceedings. My cases concern medical staff issues, privacy matters, reimbursement claims, residency disputes, restrictive covenants and various contract and tort claims.

  • I am currently representing a nationally known medical center against a high-profile claim for invasion of privacy and breach of confidentiality.

Indian Law and Gaming Litigation

I represent municipalities and other non-tribal interests across the country in matters regarding Indian tribal sovereignty, including opposition to casino gaming initiatives, Indian land claims and other aspects of Indian law.

  • I recently represented two California counties in litigation regarding an effort to pursue tribal restoration and gaming.
  • I recently served as lead trial counsel in an action to enjoin an Indian tribe from pursuing a casino gaming initiative. This case presented cutting-edge issues pertaining to Indian sovereignty, aboriginal rights, tribal status and recognition, the federal Indian Gaming Regulatory Act (IGRA) and various land use issues. The matter was tried for more than 30 days in federal court and our client prevailed.
  • I also serve as lead counsel for various municipalities and private landowners in connection with an Indian land claim seeking recovery of real property reportedly valued at nearly $2 billion.

College and University Litigation

I represent colleges, universities and private educational institutions in federal and state court litigation regarding academic misconduct, tenure, defamation and other tort and contract issues.

  • I recently represented a post-graduate institution against several high-profile actions brought by a tenured professor who was terminated for plagiarism.
  • I recently represented a well-known private school and its trustees, who were the targets of a defamation claim.

What do you see on the horizon?

In the Indian Law arena, I regularly monitor developments at the Bureau of Indian Affairs, in Congress and in the courts regarding the taking of lands into trust for the benefit of Indians, Indian land claims and the regulation of Indian gaming. It is important for our clients to be able to anticipate the issues likely to be raised by local Indian tribes asserting sovereignty.

NY Tribe's Land Claims Appeal Nixed By 2nd Circ.

Law360 | October 27, 2015

Commercial Litigation partner and leader of the firm’s Indian Law & Gaming team Michael Cohen is featured in this story on the Second Circuit’s decision to toss a bid by the Shinnecock Indian Nation to overturn a NY district court's dismissal of its land reclamation claims in the Hamptons. Michael is quoted and identified as counsel for many of the appellees.

2nd Circ. Urged to Nix Tribe's Hamptons Land Claims

Law360 | June 04, 2015

This feature story notes New York and other defendants’ request to the Second Circuit to uphold the dismissal of the Shinnecock Indian Nation’s complaint saying the appeals court’s precedent of denying such tribal land claims is well-settled. Long Island commercial litigation partner Michael Cohen is identified among the appellees’ counsel.

Contact

Michael S. Cohen

Partner

Long Island

Phone: 516-832-7544


Fax: 866-947-2118

St. John's University School of Law, J.D.

State University of New York at Albany, B.S., Accounting

New York

U.S. District Court, Northern District of New York

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York

U.S. District Court, Western District of New York

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. Supreme Court

Michael received the 2013 Long Island Business News Leadership in Law award for his leadership in the legal profession and community. He has repeatedly been named a New York Super Lawyer, most recently in 2014. Michael has also received an AV Preeminent® Peer Review RatingTM from Martindale Hubbell®, the highest possible rating for ethics and legal ability.

Michael Cohen is a member of the American Health Lawyers Association; the National Association of College and University Attorneys (NACUA); the New York State (Commercial and Federal Litigation, and Municipal Law sections) and Nassau County (Commercial Division Subcommittee; Courts Committee) Bar Associations; and the Federal Bar Council. He is a vice president of Long Island’s Advancement for Commerce, Industry and Technology (ACIT). Michael is also active in the Long Island Coalition for Fair Broadcasting and has served as judge for the Coalition’s annual FOLIO Awards.

Back to top