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Mark H. Cohen

Partner

Atlanta
Business Phone: 404.885.3597
Business Fax: 404.962.6753

mark.cohen@troutmansanders.com

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Mark is a partner in the Atlanta office of Troutman Sanders. He specializes in civil and administrative litigation concerning government and regulatory issues, as well as advising on procurement matters, rule-making and corporate governmental compliance.

Mark came to Troutman Sanders in January 1999, after an extensive legal career in state government. He spent 13 years as an assistant and senior assistant attorney general, representing a variety of government agencies in state and federal court, both in trial and on appeal, and providing advice to state and local agencies on a wide variety of matters, including education, election and voting rights, professional licensing, health care and law enforcement. He also worked closely with members of the Georgia General Assembly in formulating congressional and legislative reapportionment plans which were submitted to the United States Department of Justice.

Mark was appointed by Governor Zell Miller as the first chief state administrative law judge, where he was responsible for the formation of the Office of State Administrative Hearings, the agency charged with conducting licensing and regulatory hearings for the majority of state agencies. Mark next served on Governor Miller’s senior staff during Governor Miller’s second term, both as executive counsel and chief of staff.

In his litigation practice, Mark represents both governmental entities and private clients in federal and state litigation involving constitutional, civil rights, voting rights and election matters. He also represents individuals and companies in administrative hearings concerning licensing, procurement and rule-making issues.

In his regulatory practice, Mark advises clients on issues relating to contract procurement, health care, professional and industrial licensing, open records and open meetings laws, and lobbying and ethics requirements. Mark also assists clients in developing legislation and strategies to assist in creating or expanding governmental contracting opportunities.

Representative Experience
Lead defense counsel in state and federal constitutional challenges to Georgia law requiring photographic identification at the polls (2005-2009)

Lead defense counsel in class action civil rights challenge to state foster care program (2002-2005)

Co-counsel representing State of Georgia in federal redistricting litigation (2001-2004)

Represented large health care corporation in contract negotiations with state agency (2003-2004)

Lead counsel defending challenges to admissions process of University of Georgia undergraduate and law school programs (1999-2001)

Principal Counsel in connection with negotiations with U.S. Department of Justice over state juvenile detention facilities (1998)

Lead advisor to Georgia General Assembly in formulating reapportionment plans for U.S. congressional and state legislative districts (1991-1992)

Lead counsel in state appellate litigation which defined scope of chiropractic practice in Georgia (1987)

Lead counsel in landmark Georgia Supreme Court litigation determining scope of conflicts of interest for members of state legislature (1984-1985)

Representative Cases
Perdue v. Kenny A., 132 S. Ct. 1662 (2010) – Successfully argued for the reversal of an enhancement to an award of attorney’s fees, with the Supreme Court holding that only in the most extraordinary of circumstances could an increase in the lodestar amount be made based upon the quality of an attorney’s representation.

Common Cause/Georgia v. Billups, 554 F.3d 1340 (11th Cir. 2009) – Successfully defended State of Georgia against constitutional challenge to photo identification law for in-person voting.

Larios v. Cox, 314 F. Supp. 2d 1357 (N.D. Ga. 2004) – Co-counsel for State of Georgia in defending congressional and legislative redistricting plans against one person, one vote challenge.

Georgia v. Ashcroft, 195 F. Supp. 2d 25 (D.D.C. 2002) – Co-counsel for State of Georgia in seeking a declaratory judgment that legislative redistricting plans did not violate Section 5 of the Voting Rights Act.

Johnson v. Board of Regents, 263 F.3d 1234 (11th Cir. 2001) – Defended the University of Georgia’s freshman admissions policy that provided a numerical bonus for non-white applicants.

Foster v. Georgia Board of Chiropractic Examiners, 257 Ga. 409 (1987) – Successful defense of statute setting forth the scope of chiropractic practice in Georgia.

Georgia State Board of Pharmacy v. Lovvorn, 255 Ga. 259 (1985) and Georgia Dep’t of Medical Assistance v. Allgood, 253 Ga. 370 (1984) – Represented State of Georgia in landmark Georgia Supreme Court litigation determining the scope of conflicts of interest for legislative members.   

Crowder v. Ginn, 248 Ga. 824 (1982) – Successfully argued for expansion of long-arm jurisdiction in Georgia.

Publications 

Co-author, Administrative Law, 51 Mercer L. Rev. 103 (1999)

Co-author, Georgia’s Open Records and Open Meetings Laws: A Continued March Towards Government in the Sunshine, 40 Mercer L. Rev. 1 (1988)

Co-author, Administrative Law, 39 Mercer L. Rev. 43 (1987)

Co-author, Administrative Law, 38 Mercer L. Rev. 17 (1986)

Other Distinctions
Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards

Selected as a Super Lawyer by Law & Politics and Atlanta Magazine for Government Law excellence (2004-2010)

Recognized in The Best Lawyers in America in Administrative Law (2007-2011) and Government Relations Law (2011)

Work Experience
Partner, Troutman Sanders LLP (2000-present); Of Counsel (1999-2000)
Specialize in federal and state civil litigation, both trial and appellate, concerning constitutional, civil rights, voting rights, election, and other governmental issues.  Represent individuals and companies in administrative hearings concerning licensing, procurement, and rule-making issues.  Advise clients on issues relating to health care, professional and industrial licensing, open records and meetings laws, and lobbying and ethics requirements.  Assist in drafting legislation and regulations for both government and non-government entities.
 
Chief of Staff (1998) and Executive Counsel (1995-98), Georgia Governor Zell Miller
Provided legal advice and established policy for Governor’s office and state agencies.  Drafted Governor’s legislative package and worked with members of the Georgia legislature to enact legislation.  Liaison with Georgia Attorney General’s office to supervise litigation of concern to Governor’s office. 
 
Chief State Administrative Law Judge, State of Georgia (1995)
Appointed as the first Chief State Administrative Law Judge by Governor Miller to create independent state agency to conduct administrative hearings for a majority of state agencies.  Lobbied for budget, secured office space, and employed ALJs and support staff to carry out statutory functions.  Conducted a number of administrative hearings and authored decisions.
 
Attorney, University of Arizona, Tucson, Arizona (1994)
Represented the University’s Health Sciences Center (Colleges of Medicine, Nursing, and Pharmacy) in litigation and contracting matters.
 
Senior Assistant Attorney General (1988-94) and Assistant Attorney General (1981-88), Georgia Attorney General’s Office
Represented a variety of government agencies in federal and state court, both in trial and on appeal, and provided advice to state and local agencies on a wide variety of matters, including education, election and voting rights, professional licensing, health care, and law enforcement.  Worked closely with members of the Georgia General Assembly in formulating congressional and legislative reapportionment plans which were submitted to the United States Department of Justice.
 
Law Clerk, United States Magistrate Joel M. Feldman, Northern District of Georgia (1979-81)
Assisted in drafting judicial decisions relating to criminal pre-trial motions, Social Security disability appeals, civil tax enforcement proceedings, habeas corpus petitions, truth-in-lending complaints, and other matters for which parties consented to trial before a magistrate.  Acted as the courtroom deputy.

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Education

  • Emory University, J.D., 1979
  • Emory University, B.A., magna cum laude, 1976


Bar Admissions

  • 1976 Georgia
  • 1994 Arizona


Memberships

  • State Bar of Georgia (former Chair of Administrative Law Section)
  • State Bar of Arizona
  • Lawyers Club of Atlanta
  • Bleckley Inn of Court
  • Board, Georgia Wilderness Institute