Jeremy P.Cole

Partner

Chicago + 1.312.269.4093

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Jeremy Cole is a first-chair trial lawyer with nearly 25 years of experience. He represents clients in high-stakes lawsuits and arbitrations in the United States and internationally, including disputes before the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), and the American Arbitration Association (AAA).

Jeremy represents clients in disputes arising from license, collaboration, and acquisition agreements across various industries, including pharmaceutical/biotechnology, real estate, software, and transportation, among others. In the last two years alone, Jeremy and Jones Day teams took three separate contract disputes to trial/final hearing and obtained decisive victories for clients in all three, including the unanimous denial of a $315 million claim alleging a failure to use commercially reasonable efforts in a collaboration agreement; a unanimous AAA award that denied the other side's claim and granted the client's counterclaim in full; and most recently a unanimous ICC award that awarded the client all of its claimed royalties in a license agreement dispute.

Jeremy helped obtain a defense verdict in a Fortune 150 client's first (and only) products liability trial for a significant product, deterring future claims. He also coordinated the defense of a Fortune 150 client in over a dozen state attorney general actions, asserting unfair and deceptive business practices. Jeremy has also led internal investigations for multinational clients.

Jeremy volunteers for and serves as board chair of Working In The Schools (WITS), a literacy-focused nonprofit organization that mentors children in Chicago Public Schools.

Experience

  • Global pharmaceutical client wins ICC arbitration arising from collaboration disputeJones Day successfully defended a multinational, pharmaceutical client against a $300-plus million breach-of-contract claim arising from a collaboration agreement and that alleged among other things a failure to use commercially reasonable efforts.
  • Global pharmaceutical company wins dismissal in Florida state courtJones Day successfully helped a global pharmaceutical client win dismissal of two lawsuits brought by a physician in connection with a clinical trial and certain information reported to the Centers for Medicare and Medicaid Services (“CMS”).
  • Global pharmaceutical company seeks over $1 billion in ICC arbitration related to licensing agreementJones Day successfully represented a global pharmaceutical company seeking over $1 billion in a licensing agreement dispute over royalty payments and the application of U.S. Supreme Court decisions in Brulotte and Kimble, among other claims.
  • Pharmaceutical company defends ICC arbitration relating to licensing agreementJones Day is representing a multinational, pharmaceutical company in an ICC arbitration arising from a dispute over the term of a license agreement and when royalty payment obligations ceased.
  • Global pharmaceutical company seeks advice regarding collaboration agreementJones Day successfully advised a global pharmaceutical company in a potential dispute arising from a collaboration agreement concerning an FDA-approved product for the treatment of cancer.
  • Abbott wins defense verdict in first pharmaceutical products liability trial involving LupronJones Day successfully defended Abbott Laboratories ("Abbott") in a pharmaceutical products liability trial before a jury in federal court in Las Vegas involving the prescription drug, Lupron Depot 3.75 mg ("Lupron").
  • Abbott prevails on appeal of first products liability trial involving LupronOn behalf of Abbott Laboratories, Jones Day successfully defended an appeal of Abbott's trial victory in the first-ever products liability trial involving the drug Lupron.
  • Cardinal Health acquires The Harvard Drug Group for $1.115 billionJones Day advised Cardinal Health in its acquisition of The Harvard Drug Group, a distributor of generic pharmaceuticals, over-the-counter medications, and related products to retail, institutional, and alternate care customers from Court Square Capital Partners for $1.115 billion.
  • Health care professional defends against fraud and identity theft claimsJones Day defended a former health care professional charged in an eight-count federal indictment alleging violations of health care fraud and aggravated identify theft in a multimillion dollar fraud scheme.
  • Abbott and TAP obtain dismissal with prejudice in pricing suit filed by Kentucky Attorney GeneralNearly ten years after the case was filed, Jones Day clients Abbott Laboratories and TAP Pharmaceutical Products Inc. each obtained dismissals with prejudice in an action filed by the Kentucky Attorney General, asserting various claims based on the Average Wholesale Price (AWP) of the client's products.
  • Industry leader vindicated in class action and class arbitrationJones Day successfully represented an industry leader in a nationwide class action and related class arbitration involving five plaintiffs who filed a class action in federal court asserting various claims, including breach of contract, unfair business practices, and violations of various state consumer protection statutes.
  • TAP wins summary judgment in pharmaceutical products liability suit in Alabama state courtJones Day successfully represented TAP Pharmaceutical Products Inc. in a pharmaceutical products liability lawsuit regarding Lupron Depot 3.75 mg, a drug prescribed to plaintiff after she was diagnosed with endometriosis.
  • Abbott and TAP Pharmaceutical defend against Average Wholesale Price (AWP) litigationJones Day clients Abbott Laboratories and TAP Pharmaceutical Products, along with virtually the entire pharmaceutical industry, have been the subject of civil litigation alleging that drug manufacturers falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs.
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    July 2017 Commentary

    Controversial Rule by CFPB Limits Class Action Waivers in Arbitration Agreements

    May 2016 Commentary

    CFPB Proposes New Rule on Mandatory Consumer Arbitration Clauses

    November 2015 Commentary

    The Future of Mandatory Consumer Arbitration Clauses

    August 13, 2013 External Publications

    Supreme Court Weights in Again on Class Arbitration in Oxford Health Plans and Italian Colors, 82 U.S. Law Week 234

    July 18, 2013 External Publications

    Supreme Court Weighs in Again on Class Arbitration in Oxford Health Plans and Italian Colors, 22 BNA Health Law Reporter, 1085

    June 2013 Commentary

    Supreme Court Weighs In Again on Class Arbitration in Oxford Health Plans and Italian Colors

    March 2013 Alert

    Supreme Court to Address Class Arbitration Again in Oxford Health Plans

    February 2013 Alert

    Consumer Financial Protection Bureau Will Scrutinize Consumer Protection During Mortgage Servicing Transfers

    January 2013 Alert

    D.C. Circuit's Invalidation of NLRB Appointments May Affect the CFPB

    December 2012 Alert

    Jones Day Participates in CFPB's Project Catalyst Launch
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    Additional Publications

    • February 2016
      Who Decides Whether an Arbitration Clause Permits Class Arbitration: Judge or Arbitrator?
    • February 2016
      Who Decides Whether an Arbitration Clause Permits Class Arbitration: Judge or Arbitrator?, 32 Rev. Bank. & Fin. Servs. 21

    Speaking Engagements

    • July 29, 2014
      Defending Against New and Emerging Claims Relating to Credit, Debit, and Prepaid Cards and Bank Add-On Services and Products, ACI Consumer Finance Class Actions & Litigation Conference
    • January 30, 2014
      Defending Against New and Emerging Claims Relating to Credit, Debit, and Prepaid Cards and Bank Add-On Services and Products, ACI Consumer Finance Class Actions & Litigation Conference
    • October 9, 2013
      The New Normal of Consumer Finance Regulation and Compliance: Significant Trends for the Second Half of 2013
    • June 11, 2013
      CFPB Update: An Agency Begins to Find Its Regulatory Voice
    • June 6, 2013
      Complex Arbitration Today, Jones Day University
    • February 12, 2013
      CFPB Update: Enforcement Priorities and Best Practices Before an Evolving Bureau
    • June 7, 2012
      Jones Day Chicago 2012 MCLE University

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