Anthony L. Cochran
Anthony L. Cochran
Location: Atlanta, Georgia
Phone: (404) 233-4171
Fax: (404) 261-2842
During the 41 years he has been practicing law in Atlanta, Tony Cochran has represented many individuals and businesses on a wide variety of complex matters. He has tried dozens of jury trials in many areas of the law (both civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before both federal and state agencies and boards), and medical peer review hearings at hospitals. His unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. Being able to competently handle civil, administrative and potentially criminal matters for a client simultaneously can be an enormous savings to a client by preventing duplication of effort.
In 2005, Tony was inducted into the American College of Trial Lawyers. He is consistently listed as being one of the “Top 100 Attorneys” in Georgia by Super Lawyers. He is listed in Super Lawyers, Corporate Counsel Edition, under Business Litigation. He is also listed annually in the publication Best Lawyers in America (Criminal Law) and in Atlanta Magazine’s compilation of the Best Lawyers in Atlanta (Criminal Law).
In addition to his law practice, Tony is quite active as a Yoga Instructor, teaching several classes each week. He also serves as an officer and director for the Zaban Couples Center which assists homeless couples obtain housing and employment.
Tony regularly appears on continuing education panels, speaking at a large number of seminars on a variety of topics, including the application of Daubert to expert testimony, and a host of topics spanning from representing physicians to white-collar criminal law and investigations.
Tony graduated magna cum laude from Northwestern University Law School in 1976, beginning his legal career in Atlanta with the firm Powell, Goldstein, Frazer & Murphy. From 1982 to 1985, Tony served as an Assistant United States Attorney for the Northern District of Georgia, prosecuting a variety of criminal cases. While an Assistant United States Attorney, Tony received commendations from the U.S. Attorney General in a Department of Defense procurement fraud prosecution, and from the Director of the F.B.I. in a vote fraud prosecution. Tony has also served as an Adjunct Faculty Member of the Emory University School of Law from 1986-2000.
A sampling of the matters handled by Tony are listed below:
- Successful represented a physician accused of violating a covenant not to compete in 2019. The physician was served at 5:00 p.m. with a Complaint and Motion for TRO for a hearing scheduled the next day at 1:00 p.m. Tony prepared overnight and successfully convinced the Superior Court to deny injunctive relief.
- Successful defended a CPA before the AICPA for alleged violation of an AICPA Rule, with the CPA fully vindicated in 2018.
- Successful representation of Smith, Gambrell & Russell in a 2017 arbitration against Cousins Properties stopping the installation of “building signature signs” on the Promenade in Midtown Atlanta. Smith, Gambrell & Russell sought enforcement of its Lease against the Landlord who proposed to allow another, smaller tenant, to install “building signature signs” with its logo at the top of the Promenade.
- Representation of a corporate defendant in the largest whistleblower action brought under the False Claims Act since the Act was enacted during the Civil War, which resulted in our client successfully settling by paying less than 10% of damages sought by the Government and whistleblower.
- In 2017, Tony successfully represented a corporate officer accused of participating in a criminal violation of the environmental laws. The Government was convinced not to indict the officer, although the corporation was charged.
- In 2017, Tony successfully represented a health care provider accused of invasion of computer privacy. The District Attorney’s Office was convinced to dismiss the charges.
- In 2017, Tony successfully represented a CPA accused of insider trading. The U. S. Attorney’s Office declined to prosecute after an extensive and lengthy investigation.
- In 2016, Tony successfully represented a former corporate employee who was alleged to have violated a covenant not to compete. The lawsuit was dismissed and the former employee was allowed to continue in her new position with a competitor.
- In 2016, Tony represented a shareholder of a closely-held corporation who successfully sued her fellow shareholders for wrongful distributions, misappropriation of corporate assets, and self dealing.
- In 2015 and 2016, Tony successfully represented physicians in peer review proceedings involving potential loss of clinical privileges.
- In 2015, successfully represented a former Professor at Georgia Tech who was not charged by the Georgia Attorney General’s Office in an alleged racketeering scheme involving theft of more than $1 million from the University by the former Director of the Georgia Electronic Design Center at the University.
- In 2014, successfully resolved a False Claims Act matter with the DOJ and HHS OIG where the United States agreed to accept an amount from the physician which was one-half of the alleged overpayment, with no multiplier, and less than the cost to take the case to a jury trial. There was no Corporate Integrity Agreement. No criminal charges were filed, either.
- In 2014, successfully resolved an Insider Trading case with the SEC on behalf of an alleged tippee/businessman, with the SEC agreeing to accept an amount that was only 5% of the amount claimed by the SEC, and less than the cost to take the case to a jury trial. No criminal charges were filed by DOJ, either.
- In 2014, successfully resolved an environmental matter with the EPA and DOJ involving alleged violations of the Clean Water Act over a large geographic area allegedly occurring over several years, with the Government agreeing to accept an amount that was a small fraction of the amount claimed by the EPA, and far less than the cost to take the case to a jury trial. No criminal charges were filed by DOJ, either.
- In 2012 and 2013, successfully represented 3 large physician practices from around the State involving false claims/ potentially criminal parallel investigations. All 3 matters were resolved favorably for the healthcare clients.
- In 2011 through 2014, he successfully defended an international pharmaceutical manufacturer in Georgia sued under product liability theories in Multi District Litigation.
- In 2011-2014, he successfully represented former CEO of First National Bank of Savannah, concerning FDIC and DOJ.
- In Mayfield v. Heiman (2011), successfully obtained summary judgement in complex financial litigation involving securitization of copyrights and thousands of documents spanning over a decade.
- In State of Georgia v. [Physician](2011), successfully obtained a plea in which a physician did not admit guilt and received probation where the State Medicaid Fraud Unit sought a sentence of 4 years incarceration.
- In 2010 and 2008, successfully sued State agencies under the Open Records Act obtaining public records and large attorney’s fee awards.
- In State of Georgia v. Riner (2009), successfully obtained a plea agreement involving no incarceration for a business man alleged to have been involved in a securities scheme in which investors lost more than $4.5 million.
- Obtained a $650,000 verdict in favor of a physician against the Board of Regents for violation of MCG’s Rules and Procedures governing unsubstantiated allegations of research fraud. Affirmed on appeal.
- In re Holbrook (2007), he successfully tried a case against the Georgia Medical Board on behalf of an individual physician. The board sought to revoke the physician’s license. The physician was completely exonerated.
- U.S. v. Griffin Industries (2004) A Company, represented by Chilivis Cochran, had been indicted in an 8-count indictment for alleged felony environmental violations. Successful Daubert motions led to dismissal of these charges.
- Koegler v. Krasnoff, 268 Ga. App. 250, cert denied 268 Ga. App. 906 (2004) – A corporate CFO, represented by Chilivis Cochran, was sued for securities fraud. Investors lost millions of dollars, and the CEO is currently serving a 10-year prison sentence. A State Court jury returned a verdict in favor of the CFO.
- U.S. v. Ray (2003) the charge of accepting an alleged kickback in return for patient referrals was dismissed against a physician represented by Chilivis Cochran after a Daubert motion was filed by Chilivis Cochran challenging the statistical evidence on which the prosecution was based.
- Albee v. Krasnoff, 250 Ga. App. 738, cert denied 250 Ga. App. 907 (2002)
- Gibbons v. Alta Anesthesia, 245 Ga. App. 79, 537 S.E.2d 388 (2000) – An individual physician, represented by Chilivis Cochran, challenged unfair competition by a competing group of anesthesiologists. A State Court jury awarded the physician compensatory damages and $875,000 in punitive damages. She also recovered her attorney’s fees.
- Carpenter v. Krumme (2000) – A limited partner, represented by Chilivis Cochran, sued the general partner for misappropriation of partnership revenues. The matter was successfully settled before a verdict could be returned by a State Court jury.
- Meadow River Lumber Co. v. University of Georgia Research Foundation, Inc. , 233 Ga. App. 169, 503 S.E.2d 655 (1998) – A patent holder, represented by Chilivis Cochran, was sued by a licensee claiming breach of the patent licensing agreement and fraud in the inducement. The patent holder successfully obtained summary judgment.
- Boland v. Memorial Medical Center, 235 Ga. App. 492, 509 S.E.2d 342 (1998) – A physician sued for breach of a lucrative employment contract. The Georgia Court of Appeals agreed with Chilivis Cochran’s theories of recovery.
- Thebaut v. Dental Board, 235 Ga. App. 194, 509 S.E.2d 125 (1998) and Thomas v. Dental Board, 197 Ga. App. 589, 398 S.E.2d 730 (1990) – In both of these matters, Chilivis Cochran successfully prevented the Georgia Dental Board from denying dentists fundamental rights, preserving the dentists’ licenses.
- General Electric Co. v. Joiner, 864 F. Supp. 1310 (N.D. Ga.), rev’d, 78 F.3d 524 (11th Cir.), rev’d, 522 U.S. 136 (1997) – Chilivis Cochran successfully represented a manufacturer in this toxic tort litigation establishing the standard of review on Daubert motions.
- U.S. v. Mujtaba (1997) – A banker, represented by Chilivis Cochran, was indicted on seven counts of tax evasion. A federal District Court jury acquitted the banker on all counts.
- In re Purohit , 213 Ga. App. 182, 444 S.E.2d 133 (1994) – A manufacturer, represented by Chilivis Cochran, successfully obtained injunctive relief against a former employee who has defrauded his former employer of approximately $800,000. The injunctive relief prevented the employee from transferring assets which could be (and were) used to recoup the losses.
- Lance v. Comptroller of the Currency, 632 F. Supp. 437 (N.D. Ga. 1986) – A banker challenged the unlawful leaking of a confidential investigative report of the federal banking regulators. Chilivis Cochran convinced the federal District Court to deny the Comptroller’s Motion to Dismiss and to allow depositions of federal regulators.
- Monahan v. Sims, 163 Ga. App. 354, 294 S.E.2d 548 (1982) – The Episcopal Diocese of Atlanta successfully established its First Amendment freedom over ecclesiastical matters, that is, eligibility for the priesthood. A “postulant” for the Episcopal priesthood sued the Episcopal Diocese of Atlanta, two bishops, and several priests, represented by Mr. Cochran among others, for defamation, intentional infliction of emotional distress, and breach of contract.
- Raymar, Inc. v. Peachtree Golf Club, Inc. , 161 Ga. App. 336, 287 S.E.2d 768 (1982) – A landowner, represented by Mr. Cochran at trial, successfully obtained a verdict against an adjoining landowner for general and punitive damages and attorneys’ fees. The adjoining landowner had damaged property by increasing the volume of runoff water carrying dirt and debris during and following the construction of a commercial building.
Areas of Practice
- Business and Commercial Civil Litigation (contract disputes)
- Physicians, Dentists, PA’s, Nurses, Pharmacists, other healthcare providers in regulatory/peer review matters
- False Claims Act
- White Collar Criminal Defense (environmental, securities, banking, regulated professionals)
- Products Liability Defense
- Georgia, 1976
- U.S. Court of Appeals 4th Circuit, 1977
- Supreme Court of Georgia, 1979
- Georgia Court of Appeals, 1979
- U.S. Court of Appeals 11th Circuit, 1981
- U.S. District Court Middle District of Georgia, 1987
- U.S. District Court Northern District of Georgia, 1987
- U.S. Tax Court, 1988
- U.S. Court of Appeals District of Columbia Circuit, 2003
- U.S. District Court Southern District of Georgia, 2006
- U.S. District Court Northern District of Mississippi, 2008
- U.S. Court of Appeals 3rd Circuit, 2013
- Northwestern University School of Law, Chicago, Illinois
- J. D. magna cum laude – 1976
- Western Kentucky University, Bowling Green, Kentucky
- B. A. summa cum laude – 1972
- They Don’t Call Us “Counselor” For Nothing, The Atlanta Lawyer, September/August; Vol. 8; No. 2, 2010
- They Don’t Call Us “Counselor” For Nothing: Part Two, The Atlanta Lawyer, November; Vol. 8; No. 4, 2010
- They Don’t Call Us “Counselor” For Nothing: Part Three, The Atlanta Lawyer, January/ February; Vol. 9; No. 1, 2011
- Conducting Internal Investigations in the Shadow of “Active” Law Enforcement, with William W. Fagan, III, Georgia ICLE, January 28, 2011
- Any Port in a Storm: Strategies for Defending Environmental Criminal Enforcement Actions, among other authors, III, Georgia ICLE, January 28, 2011
- Defending an Employee During an Internal or External Investigation, Georgia ICLE, January 28, 2011
- Eberhart v. Novartis Pharm. Corp., 867 F. Supp. 2d 1241, 1254 (N.D. Ga. 2011) (successfully obtained summary judgment on proximate causation in a pharmaceutical product liability case)
- Koegler v. Krasnoff, 268 Ga. App. 250, cert denied 268 Ga. App. 906 (2004)
- Albee v. Krasnoff, 250 Ga. App. 738, cert denied 250 Ga. App. 907 (2002)
- Gibbons v. Alta Anesthesia, 245 Ga. App. 79, 537 S.E.2d 388 (2000)
- Thebaut v. Dental Board, 235 Ga. App. 194, 509 S.E.2d 125 (1998)
- Meadow River Lumber Co. v. University of Georgia Research Foundation, Inc., 233 Ga. App. 169, 503 S.E.2d 655 (1998)
- Boland v. Memorial Medical Center, 235 Ga. App. 194, 509 S.E.2d 125 (1998)
- General Electric Co. v. Joiner, rev’d, 522 U.S. 136 (1997)
- U.S. v. Mujtaba (1997)
- In re Purohit, 213 Ga. App. 182, 444 S.E.2d 133 (1994)
- Thomas v. Dental Board, 197 Ga. App. 589, 398 S.E.2d 730 (1990)
- Lance v. Comptroller of the Currency, 632 F. Supp. 437 (N. D. Ga. 1986)
- Raymar, Inc. v. Peachtree Golf Club, Inc., 161 Ga. App. 336, 287 S.E.2d 768 (1982)
- Monahan v. Sims, 163 Ga. App. 354, 294 S.E.2d 548 (1982)
- General Electric Co. v. Joiner, 864 F. Supp. 1310 (N.D. Ga.)
- General Electric Co. v. Joiner, rev’d, 78 F.3d 524 (11th Cir.)
- Webinar, Rule 702 and Daubert Standards for Expert Witness Testimony: Bringing and Defending Daubert Challenges, Strafford Publications, Inc. webinar, February 9, 2016
- Webinar, Leveraging Discovery Special Masters in Complex Business Cases: A Case Study, Strafford Publications, Inc. webinar, January 12, 2016
- Practical Tips on the Use of Daubert Standards for Expert Witness Testimony, Atlanta Bar Association, April 17, 2015
- Guilty Plea and Plea Agreements: How to Win While Losing, White Collar Crime, Georgia ICLE, February 20, 2015
- Life of a Lawyer, Atlanta Bar Association’s Atlanta Council for Younger Lawyers, February 18, 2015
- Doctors in the Crosshairs: From Board Matter to Exclusion, Advanced Health Care Law, Georgia ICLE, October 17, 2014
- Representation of Physicians before the Medical Board, Professional Licensure, Government Law, The Seminar Group, October 8, 2014
- Defending a Daubert Challenge – The Scourge of ipse dixit, Nudelman & Associates Ltd. Webinar, September 16, 2014
- Strategies and Considerations in Health Care Fraud Cases, White Collar Crime, Georgia ICLE, March 28, 2013
- Dangerous Waters: Navigating the Complexities of Parallel Proceedings, Health Care Fraud Institute, Georgia ICLE, December 13, 2012
- The Arrival of the Government – Whether by Invitation of Otherwise, Securities Litigation & Regulatory Practice, Georgia ICLE, November 2, 2012
- The Blurring Line Between Civil and Criminal Investigations, Securities Litigation & Regulatory Practice, Georgia ICLE, November 4, 2011
- Any Port in a Storm! – Strategies for Defending Environmental Criminal Enforcement Actions, Strafford Daubert CLE Webinar, August 16, 2011
- Environmental Crime: Enforcement Initiatives and Defense Strategies, White Collar Crime, Georgia ICLE, January 28, 2011
- Effective Strategies for Bringing and Defending Daubert Challenges, Strafford Daubert CLE Webinar, January 25, 2011
- Witness Preparation, Criminal Law Section, Atlanta Bar Association, May 12, 2010
- Panelist, Telling Your Story at Trial Direct and Cross-Examination of Witnesses, ABA Convention, 2009
- Parallel Proceedings, Southeastern Healthcare Fraud Institute, Georgia ICLE, December 17, 2009
- Delivering the News: Whether to Write, What to Say and How to Say It, Corporate Internal Investigations, March 19, 2008
- Effective PowerPoint Presentations, Georgia Contract Law and Litigation, ICLE, August 24, 2007
- Trial Strategy and Tactics, Southeastern Healthcare Fraud Institute, September 8, 2006
- Representing the Employee in the Context of an Investigation, The Corporate Counsel’s Guide to Conducting and Managing Internal and External Investigations, June 23, 2006
- Expert Witness Issues in Federal Court, Federal Civil Trial Practice, April 6, 2006
- The Perils of Parallel Civil, Criminal and Administrative Proceedings, Business Organization Litigation, November 18, 2005
- Making and Winning Motions in Federal Court, November 10, 2005
- Developments in Healthcare Fraud Prosecutions, September 22, 2005
- Representing the Employee in the Context of an Investigation, The Corporate Counsel’s Guide to Conducting and Managing Internal and External Investigations, April 18, 2005
- Defending the Employee in the Context of an Investigation, The Corporate Counsel’s Guide to Conducting and Managing Internal and External Investigations, May 17, 2004
- Program Chair, Motions Practice (Civil and Criminal), ICLE, April 16, 2004
- How is the Expert Witness/”Daubert” Rule Applied in Civil and Criminal Settings?, “A Practical Guide to Daubert,” Georgia Bar Seminar, April 17, 2003
- Luncheon Speaker, “The Criminalization of the Securities Law,” Advanced Securities Law Seminar, CLE, March 28, 2003
- The Congressional Response: Sarbanes-Oxley and Financial Disclosure, February 7, 2003
- Moderator, “New” Sentencing Guidelines: New Developments in White Collar Crime and Money Laundering Amendments as of November 1, 2001, January 17, 2002
- Personal Liability of In-House Counsel, September 14, 2001
- Tortious Interference: Alta v. Gibbons – Healthcare at its Worst, Business Torts Seminar, December 8, 2000
- Ethics Problems with Witness Preparation, Witness Interviews, and Preservation of Testimony, Environmental Law Seminar, August 11, 2000
- Representing Doctors in Healthcare Fraud Investigations: Issues and Answers, December 2, 1999
- Strategy, Ethics and Professional Responsibility Issues in Criminal Litigation: Preparing Witness or Client Testimony, December 17, 1998
- How to Win Your Case with Depositions: Witness Preparation, December 7, 1993
- Effective Motions Practice in Georgia: Motions in Limine, December 6, 1991
- Chair, Disciplinary Procedures and Indictments Against Physicians, March 11, 1988
- Adjunct Faculty Member, Emory University School of Law, 1986 – 2000
Honors and Awards
- Georgia’s Super Lawyers 2018 Top 10 lawyers in the state of Georgia
- The Best Lawyers in America 2017 (Administrative/Regulatory Law and Criminal Defense: White-Collar)
- Georgia’s Super Lawyers (Business Litigation), Atlanta Magazine, 2004-2018
- Inclusion in the 23rd Edition of The Best Lawyers in America for work in the practice areas of: Administrative/Regulatory Law and Criminal Defense: White-Collar
- The Best Lawyers in America 2015 (Administrative/Regulatory Law and Criminal Defense: White-Collar)
- The Best Lawyers in America 2014
- Georgia’s Best Lawyers 2014, 2016 (Criminal Defense: White-Collar)
- Inclusion in the 20th Edition of The Best Lawyers in America for work in the practice areas of: Administrative/Regulatory Law and Criminal Defense: White-Collar
- Named in The International Who’s Who of Business Crime Lawyers: 2011, 2012
- Georgia Top 100 Super Lawyers, Atlanta Magazine, 2011 – 2018
- Chambers USA 2010, 2011: Band One for White Collar/Criminal Investigations; Band Four for Litigation
- US News Best Lawyers in America (Criminal Defense – White Collar), 1995 – 2011
- US News Best Lawyers in America (Administrative Regulatory Law), 2007 – 2011
- 30 Years of Being Rated AV Preeminent (Martindale-Hubbell), 1987 – 2011
- American College of Trial Lawyers, 2005 – Present
Professional Associations and Memberships
- State Bar of Georgia, Member, 1976 – Present
- Atlanta Bar Association, Member
- Zaban Couples Center, Board Member
- Business Court Committee of the State Bar of Georgia, Member, 2014 – Present
Past Employment Positions
- Powell, Goldstein, Frazer & Murphy
- Northern District of Georgia, Assistant United States Attorney, 1982 – 1985
- Sigma Nu