Michael Howard Cohen

Served as Assistant Professor of Medicine at Harvard Medical School and Adjunct faculty at Harvard School of Public Health, Author of 6 leading books on Health and Wellness Law, Recognized for his contribution to international health law and policy. Michael H. Cohen is a thought leader in health care law, pioneering legal strategies and solutions for clients in traditional and emerging healthcare markets.

Fuller BIo
Michael H Cohen focuses on FDA and healthcare law.  He represents healthcare clinics, healthcare institutions, healthcare providers, dietary supplement companies, health insurance organizations, medical spas, medical device makers, telemedicine ventures, online health and wellness companies, mobile medical app developers, wearable / virtual / augmented reality / cognitive health technology ventures, sleep and addiction treatment facilities, integrative medicine centers, medical management organizations (MSOs), medical and osteopathic doctors, psychologists, nurses, dentists, psychologists, chiropractors, and celebrity healthcare doctors and healers.

Michael’s areas of expertise include: HIPAA, FDA/FTC compliance, Medicare, telemedicine, fraud and abuse (Stark and anti-kickback; Business & Professions Code 650), concierge medicine, informed consent, off-label use, pharmacy law, telemedicine, integrative medicine, anti-aging and regenerative medicine, and other areas.  He counsels on regulatory and corporate matters, as well as on dispute resolution and litigation.

Prior Affiliations

Following law school, Michael served as judicial clerk for the Honorable Thomas P. Griesa, United States District Judge in the federal Southern District of New York.

Michael started his legal career as an associate in the Corporate Department at Davis Polk & Wardwell, focusing on banking, securities law, and mergers & acquisitions.

He then was on the faculty of several law schools, teaching civil procedure, conflicts of laws, constitutional law, criminal law, health law, and insurance law.

Michael next served as Director of Legal Programs at the Center for Alternative Medicine Research and Education (Beth Israel Deaconess Medical Center), and then the Harvard Medical School Division for Research and Education in Complementary and Integrative Medical Therapies and Harvard Medical School Osher Institute. He was also Assistant Professor of Medicine at Harvard Medical School, with a joint appointment as Assistant Adjunct Professor in the Department of Health Policy and Management at the Harvard School of Public Health.

While on faculty at Harvard Medical School, Michael was Principal Investigator on two grants, Legal and Social Barriers to Alternative Therapies (National Library of Medicine at the National Institutes of Health) and Pediatric Use of Complementary Therapies by Parents: Ethical and Policy Choices (Greenwall Foundation), and Co-Investigator on several other funded projects, including Models of Integrative Care in an Academic Health Center. Among his activities, Michael pioneered the course, “Complementary and Alternative Medicine: Health Law and Policy” at the Harvard School of Public Health. He also was awarded a Fortieth Anniversary Senior Fellowship at the Center for the Study of World Religions, Harvard Divinity School. (See Michael’s then-Harvard page).

Michael has published over 100 articles, and books including: Creative Writing for Lawyers (Citadel Press, 1990); Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives (Johns Hopkins University Press, 1998); Beyond Complementary Medicine: Legal and Ethical Perspectives on Health Care and Human Evolution (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); and Healing at the Borderland of Medicine and Religion (University of North Carolina Press, 2005).

Following a successful academic career, Michael returned to the practice of law and founded the Michael H. Cohen Law Group.

Education

Michael graduated from Columbia University (B.A.); Boalt Hall School of Law at the University of California, Berkeley (J.D.); the Haas School of Management at the University of California, Berkeley (M.B.A.); and the Iowa Writers’ Workshop at the University of Iowa (M.F.A.). In law school, he served as an editor of the California Law Review. He also attended the Medical Institute for Law Faculty at the Cleveland Clinic.

Other Activities

In addition to his professional activities, Michael received certification as a Registered Yoga Teacher. He also trained in mediation at the Center for Dispute Resolution in Santa Monica, and with the American Health Lawyers Associations. Whether advising start-ups or established companies, he brings his entrepreneurial spirit and caring insight to cutting-edge legal and regulatory challenges.

Michael is admitted to practice in California, Massachusetts New York, and Washington, D.C. He has been a member of the American Health Lawyers Association, the California Society of Healthcare Attorneys, and the Los Angeles County Bar Association.

Contact healthcare & FDA attorney Michael H. Cohen to explore legal representation regarding your situation or venture.

Publications

See a fuller list of Michael’s publications here.

Selected publications include:

• Reconstructing The Implied Covenant of Good Faith and Fair Dealing as a Tort, 73 Calif. L. Rev. 1291
• A Fixed Star in Health Care Reform: The Emerging Paradigm of Holistic Healing, 27 Ariz. State L. J 79
• Holistic Health Care: Including Complementary and Alternative Medicine in Insurance and Regulatory Schemes, 38 Ariz. L. Rev. 83
• Toward a Bioethics of Compassion, 28 Ind. L. Rev. 667
• U.S. Dietary Supplement Regulation: Belief Systems and Legal Rules, 11:1 Hastings W. Law J. 3
• Complementary and Integrative Medical Therapies, The FDA, and The NIH: Definitions and Regulation, 16 Derm. Ther. 77
• Negotiating Integrative Medicine: A Framework for Provider-Patient Conversations, 30:3 Negotiation J. 409
  Healing at the Borderland of Medicine and Religion: Regulating Potential Abuse of Authority by Spiritual Healers, 18:2 J. Law & Relig. 373
• Regulating Healing, 78:4 St. John’s L. Rev. 1167
• And more than 75 additional book chapters and articles, in publications including:
  Annals of Internal Medicine
  Archives of Internal Medicine
  Clinical Researcher
  Current Practice of Medicine
  Dermatological Therapies
  Epilepsy & Behavior
  Journal of Medical Ethics
  Journal of Pediatric Hematology/Oncology
  Medical Journal of Australia
  Pediatrics
  Virtual Mentor (American Medical Association)

 See also:

 Michael’s Books

• Our Healthcare & FDA Law Blog