Brooke Cohen is an associate in the litigation and enforcement practice group, where she represents clients in a variety of government investigations and complex commercial litigation matters. Brooke’s clients have included investment management firms, public corporations, non-profit institutions, and individuals. Brooke is actively involved in Ropes & Gray’s response to emerging litigation and enforcement risks related to environmental, social and governance (ESG) investing practices.

Brooke served the Commonwealth of Massachusetts as a special assistant district attorney in the Middlesex District Attorney’s Office from June 2023 to January 2024. In that role, Brooke managed approximately 200 active cases, tried four cases to a jury verdict, conducted several bench trials and argued dozens of motions.

During law school, Brooke was a submissions editor for the Harvard International Law Journal and a peer advisor at the Office of Career Services. Brooke completed internships at the U.S. Attorney’s Office for the District of Massachusetts’ Health Care Fraud Unit and the East Boston Division of the Suffolk County District Attorney’s Office.

Experience

Government Enforcement 

  • Defended asset management firms in inquiries by a consortium of state attorneys general into ESG investments; advised on potential government antitrust, consumer protection, and fiduciary duty legal theories.
  • Represented in-house investment adviser to large institution in SEC enforcement matter related to Section 13(f) of the Exchange Act.
  • Advised hospital system in response to DOJ investigation into physician compensation arrangements.
  • Represented Fortune 500 pharmaceutical distributor in DOJ inquiry into alleged kickback activities. 
  • Advocated for animal drug wholesaler in a DOJ investigation concerning criminal violations of the Food, Drug, and Cosmetics Act.
  • Defended leading mutual fund in investigation by SEC regarding differential fee waiver arrangements. 
  • Defended individual in connection with SEC allegations of a pump-and-dump penny stock scheme. 
  • Represented investment bank in FINRA examination relating to investment by natural persons in private placement; secured termination of investigation. 
  • Advised investment management industry group on comments to proposed rulemaking regarding ESG disclosures. 

Investigations 

  • Conducted an internal investigation for large oil company regarding historical relationship with former foreign head-of-state; advised of risk under U.S. Foreign Corrupt Practices Act and recommended best practices moving forward. 
  • Advised multinational pharmaceutical company regarding potential risk under the False Claims Act and Anti-Kickback Statute through use of electronic health records marketing tools. 

Civil Litigation

  • Represents prominent pharmacy store chain in dispute with insurance companies regarding Usual and Customary pricing for prescription drugs. 
  • Represented public company in high-profile dispute with the company’s founder and former CEO regarding executive compensation.

Pro Bono

  • Represented family in special education disputes with school district; negotiated settlement providing for extension of services due to denial of a Free and Adequate Public Education during the COVID-19 pandemic.
  • Serves as the co-lead for education law in the firm's Medical-Legal Clinic, in collaboration with DotHouse Health, Boston Children’s Hospital, and Volunteer Lawyers Project.

Areas of Practice