Credentials at a Glance

  • 35+ years of legal experience in healthcare, regulatory, and corporate law
  • Judicial clerk, Chief Judge Griesa, U.S. District Court, SDNY
  • Corporate associate, Davis Polk & Wardwell (banking, securities, M&A)
  • Harvard Medical School — Assistant Professor of Medicine
  • Harvard School of Public Health — Assistant Professor of Health Policy
  • 6 books on healthcare law and policy; 100+ published articles
  • AHLA Arbitration Panel Member (since 2022); 3 ADR training certificates
  • Bar admissions: California, New York, Nevada

Why Select Michael H. Cohen as Your Neutral?

Regulatory Mastery

Founder of Cohen Healthcare Law Group, Michael has guided clients for over 25 years through the regulatory maze spanning Anti-Kickback and Stark Law, Corporate Practice of Medicine (CPOM), HIPAA, FDA/FTC compliance, telemedicine, healthcare M&A, and Management Services Organization (MSO) structures and disputes. Because he has lived these issues from the inside — structuring transactions, identifying compliance landmines, and navigating regulatory ambiguity on behalf of 500+ healthcare ventures — he understands the commercial and compliance realities at the heart of your dispute in a way few neutrals can match.

Analytical Rigor

After clerking for Chief Judge Griesa in the Southern District of New York and teaching Civil Procedure and Healthcare Law, Michael possesses the intellectual stamina to analyze the most complex healthcare regulatory arguments and render clear, well-reasoned decisions.

Precision

As a former Legal Writing professor and author of six books on healthcare law and policy, including four published by major university presses, Michael is uniquely attuned to the nuance of language in legal agreements—ensuring that every ruling is grounded in precise interpretation.

Presence

Effective dispute resolution requires more than analytical rigor — it requires the capacity to hold conflict without reactivity, to listen at the level of underlying human interests rather than surface positions, and to create the conditions in which parties can reach resolution with clarity and dignity. Michael brings to every proceeding a depth of training in human communication, healing, and presence that is rare among neutrals, and that directly informs his approach to both arbitration and mediation.

Areas of Arbitration Expertise

Dispute Category Focus Areas
Government Regulation & Oversight
  • Anti-Kickback and Stark Law: Specialized focus on federal and state fraud and abuse compliance.

  • Corporate Practice of Medicine (CPOM): Resolving disputes involving the legal structure and ownership of medical practices.

  • HIPAA & Patient Information: Arbitration of matters involving privacy, security, and electronic medical records.

Corporate, Finance & Transactions
  • Governance & Business Issues: Resolving internal conflicts regarding healthcare entity management and finance.

  • Transactional Friction: Arbitration of disputes arising from M&A, joint ventures, and complex licensing or intellectual property agreements.

  • Private Equity & Venture Finance: Expert oversight for disputes involving healthcare private equity and tax-exempt financing.

Employment & Professional Logistics
  • Executive & Administrative Personnel: Resolving high-level employment contract disputes, compensation, and benefits.

  • Professional Licensing & Credentialing: Matters involving medical staff privileges, peer reviews, and professional board certifications.

  • Physician Group Practices: Specific expertise in the unique contractual and operational disputes of large and independent physician groups.

Life Sciences & Clinical Facilities
  • Medical Products & Devices: Arbitration for disputes involving the development, marketing, and distribution of medical devices.

  • Facility Operations: Extensive experience with academic medical centers, ambulatory surgical centers, pharmacies, and urgent care facilities.

  • Reimbursement & Payor Disputes: Resolving conflicts involving Medicare, Medicaid, and private health plan audit or reimbursement issues.

Life Sciences & FDA/FTC Regulatory Disputes
  • FDA & FTC Regulatory Disputes: Claims substantiation, warning letter responses, off-label promotion, device classification, and marketing compliance disputes.

  • Dietary Supplements & Nutraceuticals: Disputes involving labeling, claims, adverse events, distribution agreements, and co-manufacturer relationships.

  • Medical Products: Disputes involving development, classification, and distribution of medical devices, OTC drugs, and homeopathic products.

Telemedicine & Digital Health Regulatory and contractual disputes involving telehealth platforms, mobile medical apps, cross-state licensure, and digital health venture agreements.

Approach to Dispute Resolution

Michael’s philosophical approach to both arbitration and mediation is grounded in a core conviction: that disputes — even high-stakes, high-conflict ones — are most productively understood not merely as legal contests but as human situations with underlying interests that the law alone cannot fully address.

In mediation, he approaches each matter as an opportunity to help parties access what is actually driving the conflict beneath the surface of their legal claims — whether that is a founder relationship that has broken down, a financial arrangement that no longer reflects the parties’ intentions, or a regulatory misalignment that has created distrust. His goal is not to impose resolution but to create the conditions in which the parties can reach it themselves, with a clear-eyed understanding of their options, risks, and interests.

In arbitration, his approach is structured, disciplined, and attentive to the integrity of the process. He believes that a well-run arbitration — one in which procedural fairness is scrupulously maintained, evidentiary standards are consistently applied, and reasoned decisions are clearly written — is itself a form of justice, independent of the outcome.

Across both disciplines, Michael brings what his judicial clerkship with Chief Judge Griesa first trained in him: the ability to listen carefully, to distinguish the essential from the peripheral, and to render judgment — or facilitate resolution — with clarity, fairness, and respect for the people on both sides of the table.

Background in Healing and Human Communication

Michael’s approach to dispute resolution draws on a breadth of training in human communication, presence, and healing that extends well beyond conventional legal education.

He completed a two-year ministerial program at The New Seminary for Interfaith Studies in New York City, founded by Rabbi Joseph Gelberman, one of the earliest and most respected interfaith seminary programs in the United States. He completed a four-year program at the Barbara Brennan School of Healing in Florida, studying energy healing modalities related to therapeutic touch and Reiki. He trained as a hospice volunteer with Compassion in Action, Dannion Brinkley’s program supporting the dying and critically ill through hospital visitation. He completed his yoga teacher training at Full Spectrum Yoga under John Childers and became a Registered Yoga Teacher and undertook a month’s immersive study of Ashtanga yoga with K. Pattabhi Jois in India. He also completed training in Neuro-Linguistic Programming and hypnotherapy with Anné Linden, a pioneer in NLP whose work is internationally recognized.

He was selected to attend the Medical Institute for Law Faculty at the Cleveland Clinic (1994), an experience that directly informed his scholarship on bioethics and the physician-patient relationship, including his article Toward a Bioethics of Compassion, published in the Indiana Law Review.

These experiences inform Michael’s conviction that effective dispute resolution requires not only analytical rigor but genuine human presence — the capacity to listen deeply, to hold conflict without reactivity, and to help parties access the underlying interests and needs that formal legal proceedings alone rarely reach.

Mediation Services

In addition to arbitration, Michael serves as a mediator in healthcare and life sciences disputes — bringing the same regulatory depth and analytical rigor to a facilitative role aimed at helping parties reach a negotiated resolution without a binding decision. Mediation is often the right choice when parties want to preserve an ongoing business relationship, when the dispute involves regulatory ambiguity that a ruling cannot fully resolve, or when both sides would benefit from a neutral who deeply understands the healthcare compliance landscape that frames the conflict. Michael’s mediation practice draws on formal training at the Center for Dispute Resolution (Santa Monica, 2013), the Advanced Mediation Skills Practicum at the Los Angeles County Bar Association (2013), and his background advising healthcare ventures through complex regulatory and transactional negotiations — situations where finding a workable path forward, not just a legally correct answer, is the goal.

The Arbitration Mandate: Efficiency & Fairness

“Serving as an arbitrator is a great responsibility—one that brings together my entire career’s worth of legal skill and healthcare knowledge. I am committed to handling complex arguments with a practical approach aimed at getting parties to a fair resolution as efficiently as possible.”

  • Proven Experience: Actively managing a specialized arbitration caseload, with ongoing healthcare matters and recently resolved cases.
  • Regulatory Depth: With 35+ years navigating Anti-Kickback, Stark Law, HIPAA, FDA/FTC compliance, and healthcare M&A, Michael brings subject-matter mastery that accelerates case understanding and reduces time spent educating the arbitrator on technical issues.
  • Disciplined Process: Grounded in a judicial clerkship at the Southern District of New York, Michael applies rigorous procedural standards — maintaining evidentiary consistency, clear scheduling, and well-reasoned written decisions that withstand scrutiny.
  • Precision in Written Rulings: As a former Legal Writing professor and author of six books on healthcare law, Michael delivers arbitration awards that are clear, well-structured, and grounded in precise contractual and regulatory interpretation.

Michael H. Cohen, Esq.

Lead Arbitrator & Mediator

With more than 35 years of legal experience spanning a judicial clerkship for Chief Judge Griesa in the Southern District of New York, a corporate associate position at Davis Polk & Wardwell, faculty appointments at Harvard Medical School and Harvard School of Public Health, and the founding of Cohen Healthcare Law Group, Michael brings a career’s breadth of legal and regulatory knowledge to every arbitration and mediation proceeding.

As the founder of Cohen Healthcare Law Group, Michael is a recognized thought leader in the health and wellness space. While his practice focuses on the “regulatory maze,” he brings strong analytical and written advocacy skills developed through judicial clerkship, complex regulatory drafting, and negotiated resolution of healthcare disputes.

Core Arbitration & Mediation Credentials:

  • Training:
    • Certificate of Training in Mediation and Conflict Resolution, Center for Dispute Resolution, Santa Monica, California (Spring 2013)
    • Advanced Mediation Skills Practicum, Los Angeles County Bar Association (October 2013)
    • Arbitration Training, American Health Lawyers Association (December 2022)
  • Academic: Author of 4 books with academic presses and over 100 published articles.
  • Focus: A demonstrated ability to listen attentively, analyze complex regulatory issues, and facilitate professional communication in every proceeding.
  • Scholarship: “Negotiating Integrative Medicine: A Framework for Provider-Patient Conversations,” Negotiation Journal (2004) — published academic work on negotiation dynamics in healthcare regulatory contexts.
  • Background: Judicial clerk, Hon. Thomas P. Griesa, U.S. District Court, SDNY; corporate associate, Davis Polk & Wardwell (banking, securities, M&A)

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