{{Short description|American law firm}} {{Infobox law firm | name = Cohen Milstein | logo = | image_size = | alt = | headquarters = [[Washington, D.C.]] | num_offices = 8 | offices = | num_attorneys = 100 | num_employees = | practice_areas = | key_people = | revenue = | profit_per_equity_partner = | date_founded = | founder = | company_type = | dissolved = | website = {{URL|https://www.cohenmilstein.com}} }}
'''Cohen Milstein Sellers & Toll PLLC''' (often simply known as '''Cohen Milstein''') is an American plaintiffs' law firm that engages in large-scale class action litigation.<ref>{{cite news |last1=Merken |first1=Sara |title=Cohen Milstein says cyber incident may have affected 'small subset' of firm's data |url=https://www.reuters.com/business/legal/cohen-milstein-says-cyber-incident-may-have-affected-small-subset-firms-data-2021-05-24/ |access-date=1 November 2021 |work=[[Reuters]] |date=24 May 2021 |language=en}}</ref>
The firm filed a number of lawsuits against [[Donald Trump]] during and after his presidency, including a [[Department of Homeland Security v. Regents of the University of California|lawsuit]] which successfully blocked the Trump administration's attempt to roll back the [[Deferred Action for Childhood Arrivals]] (DACA) program.
== Background == The firm is active in civil rights litigation. Its ''pro bono'' clients have included the [[American Civil Liberties Union]] (ACLU), the [[National Association for the Advancement of Colored People]] (NAACP), and the [[Brady Campaign|Brady Center to Prevent Gun Violence]].<ref>{{cite web |title=About Cohen Milstein {{!}} Cohen Milstein |url=https://www.cohenmilstein.com/about-us |access-date=24 November 2021 |website=www.cohenmilstein.com}}</ref> The firm has also played a leading role in major [[antitrust]] cases involving [[price fixing]] and wage suppression.
== Notable cases ==
=== Civil rights === In 2017, in ''[[United States Department of Agriculture#Keepseagle v. Vilsack|Keepseagle v. Vilsack]]'', a settlement was reached between [[Native Americans in the United States|Native American]] farmers and the [[United States Department of Agriculture]]. The farmers, whose lead law firm was Cohen Milstein, said they had been denied loans for decades because of government discrimination. The farmers were awarded $760 million.<ref>{{Cite web |date=2017-05-16 |title=Court OKs plan for $380M in Native American farmer lawsuit |url=https://www.apnews.com/2bcd9ace0cb6487a8c8843ce72c41559 |access-date=2025-09-12 |website=AP News |language=en-US}}</ref><ref>{{Cite web |last=Ellis |first=Jonathan |title=$380M left over in Native American farmer settlement |url=https://www.usatoday.com/story/news/nation/2015/06/28/left-usda-discrimination-settlement/29413251/ |access-date=2025-09-12 |website=USA TODAY |language=en-US}}</ref><ref>{{Cite news |date=2010-10-20 |title=Bias case settled with Native American farmers |url=https://www.washingtonpost.com/archive/national/2010/10/20/bias-case-settled-with-native-american-farmers/42d411c2-dbdf-11df-8edf-f8cfa1e050c2/ |access-date=2025-09-12 |work=The Washington Post |language=en-US |issn=0190-8286}}</ref>
Cohen Milstein represented plaintiffs who sued the Trump administration over the rescission of the [[Deferred Action for Childhood Arrivals]] (DACA) program. A federal judge argued that the Trump administration must fully restore DACA, saying the law's rescission was "arbitrary and capricious" and "inadequately explained."<ref>{{cite news |last1=Folley |first1=Aris |title=Federal judge says Trump must fully restore DACA |url=https://thehill.com/homenews/administration/400332-federal-judge-says-trump-must-fully-restore-daca |access-date=24 November 2021 |work=[[The Hill (newspaper)|The Hill]] |date=3 August 2018 |language=en}}</ref> The case, ''[[Department of Homeland Security v. Regents of the University of California]]'', went before the U.S. Supreme Court, which reversed the Trump administration's order in a win for undocumented immigrants who had entered the U.S. as minors.<ref>{{cite news |last1=Barnes |first1=Robert |title=Supreme Court blocks Trump's bid to end DACA, a win for undocumented 'dreamers' |url=https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-against-trump-administration-attempt-to-end-daca-a-win-for-undocumented-immigrants-brought-to-us-as-children/2020/06/18/4f0b6c74-b163-11ea-8758-bfd1d045525a_story.html |access-date=24 November 2021 |newspaper=[[The Washington Post]] |date=June 18, 2020}}</ref>
In 2020, Cohen Milstein joined the ACLU, the [[Lawyers' Committee for Civil Rights Under Law]], and the Poverty & Race Research Action Council in suing the [[United States Department of Housing and Urban Development]] (HUD) over its rollback of portions of the [[Civil Rights Act of 1968|Fair Housing Act]]. In the lawsuit, Cohen Milstein alleged that HUD had gutted "the long-established legal framework for '[[disparate impact]]' claims, which have helped dismantle systemic barriers to fair housing for decades."<ref>{{cite web |title=OCA v. Carson - Complaint |url=https://www.aclu.org/legal-document/oca-v-carson-complaint?redirect=legal-document/oca-v-carson-0 |website=American Civil Liberties Union |language=en}}</ref>
In 2022, [[Sterling Jewelers]] paid $175 million to settle a [[class action]] [[arbitration]] alleging that the company had discriminated against 68,000 women in its pay and promotion practices. Cohen Milstein served as the plaintiffs' lead attorney.<ref>{{Cite news |date=2022-06-09 |title=Jewelry giant settles gender-discrimination lawsuit for $175 million |url=https://www.washingtonpost.com/business/2022/06/09/sterling-kay-jared-sex-dscrimination/ |access-date=2025-09-12 |work=The Washington Post |language=en-US |issn=0190-8286}}</ref>
In 2024, [[U.S. Customs and Border Protection]] (CBP) reached a settlement with the [[Equal Employment Opportunity Commission]], whereby CBP would pay $45 million to CBP employees who were discriminated against because of their pregnancies. The CBP employees were represented by Cohen Milstein, together with Gilbert Employment Law.<ref>{{cite news |last1=Davidson |first1=Joe |date=23 August 2024 |title=CBP agrees to pay $45 million to settle pregnancy discrimination case |url=https://www.washingtonpost.com/politics/2024/08/23/cbp-pregnancy-discrimination-settlement/ |access-date=28 July 2025 |work=The Washington Post}}</ref>
=== Lawsuits against Donald Trump === The firm assisted District of Columbia Attorney General [[Karl Racine]] and [[Attorney General of Maryland]] [[Brian Frosh]] in filing a lawsuit accusing President [[Donald Trump]] of using his hotel in Washington D.C. to unconstitutionally profit from his political office.<ref>{{cite news |last1=Woellert |first1=Lorraine |last2=Gerstein |first2=Josh |title=Judge green-lights subpoenas in Trump Hotel lawsuit |url=https://www.politico.com/story/2018/12/03/subpoenas-trump-hotel-emoluments-1041324 |work=[[Politico]] |language=en}}</ref> ''[[D.C. and Maryland v. Trump]]'' alleged that Trump had violated the [[Foreign Emoluments Clause]]. In January 2021, the [[Supreme Court of the United States]] issued a summary disposition ordering the Fourth Circuit to dismiss the case as moot.<ref>{{cite news |last1=Shah |first1=Maryam |title=DC AG Racine, AG Frosh on Conclusion of Emoluments Lawsuit |url=https://www.stl.news/dc-ag-racine-ag-frosh-on-conclusion-of-emoluments-lawsuit/433247/ |access-date=1 November 2021 |publisher=STL News |date=25 January 2021}}</ref>
In February 2021, on behalf of Democratic U.S. Representative [[Bennie Thompson]], Cohen Milstein and the [[NAACP]] filed a lawsuit against former President Trump and [[Rudy Giuliani]] over their role in the [[2021 United States Capitol attack]]. The lawsuit alleged that Trump and Giuliani had collaborated and conspired with the white supremacist groups [[Proud Boys]] and [[Oath Keepers]] to prevent the U.S. Congress from certifying the results of the 2020 presidential election.<ref>{{cite news |last1=King |first1=Maya |title=NAACP sues Trump and Giuliani after Jan. 6 riots |url=https://www.politico.com/news/2021/02/16/naacp-trump-giuliani-capitol-riots-469077 |access-date=1 November 2021 |work=[[Politico]] |date=February 16, 2016 |language=en}}</ref> A number of congressional Democrats signed onto the lawsuit.<ref>{{cite news |last1=Swanson |first1=Ian |title=10 Democrats join NAACP lawsuit against Trump |url=https://thehill.com/homenews/house/546877-ten-democrats-join-naacp-lawsuit-against-trump |access-date=1 November 2021 |work=[[The Hill (newspaper)|The Hill]] |date=7 April 2021 |language=en}}</ref>
=== Securities litigation === [[Alphabet Inc.]], the parent company of [[Google]], agreed to spend $310 million on DEI initiatives as part of a settlement over a series of sexual harassment and misconduct lawsuits. Alphabet Inc. will be required to start a DEI advisory council.<ref>{{cite news |last1=Abril |first1=Danielle |title=Alphabet to fund $310 million diversity initiative to settle sexual misconduct lawsuit from shareholders |url=https://fortune.com/2020/09/25/alphabet-sexual-misconduct-lawsuit-310-million-diversity-inclusion-initiatives/ |access-date=6 July 2022 |work=[[Fortune (magazine)|Fortune]] |date=September 25, 2020 |language=en}}</ref><ref>{{cite news |last1=Wakabayashi |first1=Daisuke |title=Alphabet Settles Shareholder Suits Over Sexual Harassment Claims |url=https://www.nytimes.com/2020/09/25/technology/google-sexual-harassment-lawsuit-settlement.html |access-date=6 July 2022 |work=[[The New York Times]] |date=25 September 2020}}</ref>
In a lawsuit against [[Pinterest]] board members, Cohen Milstein asked a judge for approval of twice the firm's usual lodestar billing because Pinterest agreed to corporate governance reforms, which Cohen Milstein said would make the firm more diverse and inclusive and therefore enhance its value. A U.S. District Judge denied the firm's $5.4 million fee request and ordered Cohen Milstein "to enforce the settlement terms and police the corporation", assessing "how much progress has actually been made (or not made)." More fees may be paid in the future if the firm is able to convince the judge "how much benefit really flows from the settlement."<ref>{{cite news |last1=Frankel |first1=Alison |title=Shareholders said corporate reforms merit millions in fees. Now they must prove it. |url=https://www.reuters.com/legal/transactional/shareholders-said-corporate-reforms-merit-millions-fees-now-they-must-prove-it-2022-06-10/ |access-date=6 July 2022 |work=[[Reuters]] |date=10 June 2022 |language=en}}</ref><ref>{{cite news |last1=Bennett |first1=Jennifer |title=Pinterest Shareholder Attorneys' Fees Cut in Half in Bias Case |url=https://news.bloomberglaw.com/daily-labor-report/pinterest-shareholder-attorneys-fees-cut-in-half-in-bias-case |access-date=6 July 2022 |work=news.bloomberglaw.com |date=June 10, 2022 |language=en}}</ref>
In 2023, [[Wells Fargo]] paid $1 billion to settle a [[class action]] that accused the bank of overstating how much progress it had made in fixing practices flagged by regulators. Wells shareholders were represented by Cohen Milstein.<ref>{{Cite news |date=2023-05-16 |title=Wells Fargo to Pay $1 Billion to Settle Lawsuit by Shareholders (Published 2023) |url=https://www.nytimes.com/2023/05/16/business/wells-fargo-shareholder-class-action-settlement.html |access-date=2025-09-12 |language=en}}</ref><ref>{{Cite web |last= |date=2023-05-16 |title=Wells Fargo reaches $1 billion settlement with shareholders over recovery from scandals {{!}} CNN Business |url=https://www.cnn.com/2023/05/16/business/wells-fargo-settlement-shareholders |access-date=2025-09-12 |website=CNN |language=en}}</ref>
=== Lawsuits on behalf of state attorneys general === Cohen Milstein has a practice area in which it helps state attorneys general with complex litigation.<ref name=hill>{{cite news |last1=Mali |first1=Meghashyam |title=Exxon allies cry foul over law firm in climate probe |url=https://thehill.com/policy/energy-environment/288924-exxon-allies-cry-foul-over-law-firm-in-climate-probe |access-date=1 November 2021 |work=[[The Hill (newspaper)|The Hill]] |date=23 July 2016 |language=en}}</ref> In 2014, ''The New York Times'' wrote that Cohen Milstein was part of "a flourishing industry that pairs plaintiffs' lawyers with state attorneys general to sue companies, a collaboration that has set off a furious competition between trial lawyers and corporate lobbyists to influence these officials."<ref>{{cite news |last1=Lipton |first1=Eric |title=Lawyers Create Big Paydays by Coaxing Attorneys General to Sue |url=https://www.nytimes.com/2014/12/19/us/politics/lawyers-create-big-paydays-by-coaxing-attorneys-general-to-sue-.html |access-date=26 October 2021 |work=[[The New York Times]] |date=19 December 2014}}</ref> The firm has been a major donor to state attorneys general associations, candidates, state party committees, and attorneys general running for governor.<ref>{{cite news |title=Political Gifts from Plaintiffs' Lawyers |url=https://www.nytimes.com/interactive/2014/12/19/us/politics/political-gifts-from-plaintiffs-lawyers.html |access-date=26 October 2021 |work=[[The New York Times]] |date=18 December 2014}}</ref>
In 2016, the Attorney General of the U.S. Virgin Islands, Claude Walker, authorized the firm to investigate whether [[ExxonMobil]] had committed fraud by denying climate change.<ref name=hill/> Cohen Milstein stood to earn as much as 27% percent of any monetary damages generated by the litigation, plus some costs. That arrangement was criticized by Exxon, who sued Cohen Milstein, alleging constitutional violations regarding free speech, due process, and unreasonable searches and seizures.<ref>{{cite news |last1=Cassens Weiss |first1=Debra |title=Exxon sues law firm that sought climate change documents |url=https://www.abajournal.com/news/article/exxon_sues_law_firm_seeking_climate_change_documents |access-date=1 November 2021 |work=ABA Journal |date=April 18, 2016 |language=en}}</ref>
The firm has represented various states against entities involved in the [[opioid epidemic]].<ref>{{cite news |last1=Raymond |first1=Nate |title=Indiana gears up for opioid litigation by hiring Cohen Milstein |url=https://www.reuters.com/article/idUSL2N1Q602J/ |access-date=27 August 2024 |publisher=Reuters |date=15 February 2018}}</ref><ref>{{cite news |title=Drugmakers in N.H. Opioid Probe Lose Bid to Oust Cohen Milstein |url=https://news.bloomberglaw.com/pharma-and-life-sciences/drugmakers-in-nh-opioid-probe-lose-bid-to-oust-cohen-milstein |access-date=27 August 2024 |publisher=Bloomberg Law |date=11 July 2017}}</ref><ref>{{cite news |last1=Elder-Connors |first1=Liam |title=Vermont is getting more than $100 million from opioid lawsuits, with more on the way. What will it do with the windfall? |url=https://www.vermontpublic.org/local-news/2022-09-06/vermont-is-getting-more-than-100-million-from-opioid-lawsuits-with-more-on-the-way-what-will-it-do-with-the-windfall |access-date=27 August 2024 |work=Vermont Public |date=6 September 2022}}</ref>
=== Antitrust === The firm sued the [[National Association of Realtors]] for [[National Association of Realtors#Antitrust lawsuits|inflating real estate broker commissions]]. A settlement of $418 million was reached in 2024.<ref>{{cite news |last1=Lawlor |first1=Mason |date=18 March 2024 |title=National Association of Realtors Reaches $418M Settlement to Resolve Antitrust Class Actions |url=https://www.law.com/2024/03/18/national-association-of-realtors-reaches-418m-settlement-to-resolve-antitrust-class-actions/ |access-date=31 August 2024 |publisher=Law.com}}</ref><ref>{{cite news |last1=Kusisto |first1=Laura |date=15 March 2024 |title=Realtors Reach Settlement That Will Change How Americans Buy and Sell Homes |url=https://www.wsj.com/real-estate/realtors-settlement-change-buy-sell-homes-da45eb23 |access-date=31 August 2024 |publisher=The Wall Street Journal}}</ref>
Cohen Milstein served as co-lead counsel in In re Urethane Antitrust Litigation,<ref>{{cite news |last1=Wolfe |first1=Jan |date=27 June 2013 |title=Big Suits |url=https://www.law.com/americanlawyer/almID/1202607833422/#ixzz2Z7dOLVE5 |access-date=31 August 2024 |publisher=Law.com}}</ref> which resulted in an $835 million settlement with [[Dow Chemical]] for artificially inflating the price of [[polyurethane]].<ref>{{cite news |date=26 February 2016 |title=Dow Will Pay $835 Million in Polyurethane Price Fixing Case |url=https://fortune.com/2016/02/26/dow-price-fixing/ |access-date=31 August 2024 |publisher=Fortune}}</ref>
=== Flint water crisis === Cohen Milstein attorney Ted Leopold served as interim co-lead counsel in In re Flint Water Cases, a [[class action]] arising from the [[Flint water crisis]] that resulted in a $626 million settlement. The lawsuit was brought on behalf of residents of and businesses in [[Flint, Michigan]] against defendants including the State of Michigan and former Michigan Governor [[Rick Snyder]].<ref>{{cite news |last1=Suliman |first1=Adela |title=Judge approves over $600 million settlement in Flint water crisis, with children set to benefit |url=https://www.washingtonpost.com/nation/2021/11/11/flint-michigan-water-settlement-children/ |access-date=9 August 2024 |newspaper=The Washington Post |date=11 November 2021}}</ref><ref>{{cite news |last1=Mora |first1=Michael |title=Meet the South Florida Litigator Who Co-Led the $626M Partial Settlement in the Flint Water Crisis |url=https://www.law.com/dailybusinessreview/2021/11/15/meet-the-south-florida-litigator-who-co-led-the-626m-partial-settlement-in-the-flint-water-crisis/?slreturn=20240709133523 |access-date=9 August 2024 |work=Law.com |date=15 November 2021}}</ref><ref>{{cite news |last1=Muyskens |first1=Carolyn |title=$626M Flint Deal Gets Final OK From Michigan State Judge |url=https://www.law360.com/healthcare-authority/articles/1588467 |access-date=9 August 2024 |work=Law360 |date=21 March 2023}}</ref> Relatedly, the firm settled litigation against engineering companies [[Veolia]] North America and [[Leo A Daly|Lockwood, Andrews & Newnam]] for their alleged role in the water crisis.<ref>{{cite news |last1=Erwin |first1=Alyssa |title=Flint residents reach $25M settlement with engineering firm in water crisis lawsuit |url=https://www.abc12.com/news/flint-water-emergency/flint-residents-reach-25m-settlement-with-engineering-firm-in-water-crisis-lawsuit/article_e38a69c8-c13a-11ee-8df8-4f558ef166cb.html |access-date=9 August 2024 |work=ABC12 |date=1 February 2004}}</ref><ref>{{cite news |last1=Lobo |first1=Arpan |title=Flint residents reach $25M settlement with engineering firm in water crisis lawsuit |url=https://www.freep.com/story/news/local/michigan/2024/02/01/flint-residents-class-action-settlement/72435816007/ |access-date=9 August 2024 |work=Detroit Free Press |date=1 February 2024}}</ref>
=== Human rights === In 2023, [[ExxonMobil]] settled a lawsuit brought by villagers in Indonesia who [[Accusations of ExxonMobil human rights violations in Aceh|alleged]] that soldiers hired by the oil company to guard a natural gas facility committed murder and torture. The settlement amount was confidential (as is customary in cases like this). Cohen Milstein represented the villagers.<ref>{{Cite web |title=Oil giant ExxonMobil settles long-running Indonesia torture case |url=https://www.aljazeera.com/news/2023/5/16/oil-giant-exxonmobil-settles-long-running-indonesia-torture-case |access-date=2025-09-12 |website=Al Jazeera |language=en}}</ref>
== Notable alumni == The following people have worked at Cohen Milstein: * [[Anita Hill]], American law professor<ref>{{cite news |last1=Thompson |first1=Krissah |title=For Anita Hill, the Clarence Thomas hearings haven't really ended |url=https://www.washingtonpost.com/politics/for-anita-hill-the-clarence-thomas-hearings-havent-really-ended/2011/10/05/gIQAy2b5QL_story.html |access-date=1 November 2021 |newspaper=[[The Washington Post]] |date=6 October 2011}}</ref> * [[Lina Khan]], American legal scholar and former chair of the [[Federal Trade Commission]]<ref>{{cite news |last1=Goudsward |first1=Andrew |title=Lina Khan, FTC Chair, Unveils Columbia Law Salary |url=https://www.law.com/nationallawjournal/2021/06/18/lina-khan-ftc-chair-unveils-columbia-law-salary/ |access-date=7 May 2024 |publisher=Law.com |date=June 18, 2021}}</ref> * [[Kalpana Kotagal]], American attorney and commissioner of the [[Equal Employment Opportunity Commission]]<ref>{{cite news |last1=Dvorak |first1=Petula |title=The D.C. lawyer using a D.C. way to make Hollywood more inclusive. Is it working? |url=https://www.washingtonpost.com/local/the-dc-lawyer-using-a-dc-way-to-make-hollywood-more-inclusive-is-it-working/2020/02/10/5a19fe5c-48f7-11ea-9164-d3154ad8a5cd_story.html |access-date=7 May 2024 |newspaper=The Washington Post |date=February 10, 2020}}</ref> * [[Jenny R. Yang]], American attorney and former director of the [[Office of Federal Contract Compliance]]<ref>{{cite web |title=Jenny Yang Sworn In as EEOC Commissioner |url=https://www.eeoc.gov/newsroom/jenny-yang-sworn-eeoc-commissioner |website=The U.S. Equal Employment Opportunity Commission |access-date=7 May 2024}}</ref>
==References== {{reflist}}
[[Category:Law firms based in Washington, D.C.]] [[Category:Privately held companies based in Washington, D.C.]]