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Anthony L. Cochran
Partner / AtlantaAnthony (Tony) L. Cochran is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP and Co-Leader of the White Collar, Government & Internal Investigations Practice.
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Full Bio
Anthony (Tony) L. Cochran is a Partner in the Litigation Practice of Smith Gambrell Russell LLP. During the 45 years he has been practicing law in Atlanta, Mr. 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, Mr. Cochran was inducted into the American College of Trial Lawyers. He is consistently listed as being one of the “Top 10 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 The 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, Mr. Cochran is quite active as a Yoga Instructor, teaching several classes each week. He also served as former Chair and Director for the Zaban Paradies Center which assists homeless couples obtain housing and employment.
Mr. Cochran 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.
Mr. Cochran 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, he 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, Mr. Cochran 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.
He has also served as an Adjunct Faculty Member of the Emory University School of Law from 1986-2000.
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Representative Experience
- Successfully 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. Prepared overnight and successfully convinced the Superior Court to deny injunctive relief.
- Successfully 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, 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, 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, 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, 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, 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, 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 2011-2014, successfully defended an international pharmaceutical manufacturer in Georgia sued under product liability theories in Multi District Litigation.
- In 2011-2014, 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), 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 had been indicted in an 8-count indictment for alleged felony environmental violations. Successful Daubert motions led to dismissal of these charges.
- In U.S. v. Ray (2003). Represented a physician charged of accepting an alleged kickback in return for patient referrals was dismissed after a Daubert motion was filed, challenging the statistical evidence on which the prosecution was based.
- Gibbons v. Alta Anesthesia, 245 Ga. App. 79, 537 S.E.2d 388 (2000) – Represented an individual physician, 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.
- 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, 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) – successfully represented a manufacturer in this toxic tort litigation establishing the standard of review on Daubert
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Bar Admissions
Georgia
U.S. Court of Appeals 4th Circuit
Supreme Court of Georgia
Georgia Court of Appeals
U.S. Court of Appeals 11th Circuit
U.S. District Court Middle District of Georgia
U.S. District Court Northern District of Georgia
U.S. Tax Court
U.S. Court of Appeals District of Columbia Circuit
U.S. District Court Southern District of Georgia
U.S. District Court Northern District of Mississippi
U.S. Court of Appeals 3rd Circuit -
Education
Undergraduate- Western Kentucky University
Law School- Northwestern University School of Law
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Memberships
State Bar of Georgia, Member
Atlanta Bar Association, Member
Zaban Couples Center, Advisory Board Member
Georgia Association of Criminal Defense Lawyers
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Recognitions
The Best Lawyers in America®, Administrative/Regulatory Law, Atlanta (2007 – 2011, 2024-2026); Criminal Defense: White-Collar, Atlanta (1995-2011, 2020, 2024-2025) Both (2014, 2015, 2017-2019, 2021-2026); Commercial Litigation, Atlanta (2023-2026)
Chambers USA, Litigation: White Collar/Criminal Investigations, Georgia (2010, 2011, 2021, 2022); Litigation: White-Collar Crime/Government Investigations, Georgia (2023-2025)
Best Lawyers®, Atlanta "Lawyer of the Year" Administrative/Regulatory Law (2013,2020)
Georgia’s Super Lawyers, Business Litigation, (2004-2022)
Georgia’s Super Lawyers, Top 10 lawyers in the state of Georgia (2018)
Georgia’s Best Lawyers, Criminal Defense: White-Collar (2014, 2016)
Named in The International Who’s Who of Business Crime Lawyers (2011- 2012)
Georgia Top 100 Super Lawyers, Atlanta Magazine (2011 – 2018)
American College of Trial Lawyers (2005 – 2020)
30 Years of Being Rated AV Preeminent (Martindale-Hubbell) (1987 – 2011) -
Publications and Speaking Engagements
Interviewee – “Going 20 For 20,” Super Lawyers magazine, February 2023.
Presenter – “When the Truth Matters Most: Best Practices for Conducting an Internal Investigation,” Celesq® Attorneys Ed Center, April 27, 2021.
Presenter – “The Storming of the Capitol,” Celesq® Attorneys Ed Center, January 29, 2021.
Numerous seminars and webinars on (1) Daubert and Federal Rule of Evidence 702, (2) representing physicians in peer review proceedings and before the Composite Medical Board, and (3) cautions and risks in parallel proceedings
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
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SGR Publications
- The Data Security Program: Keeping the Foxes Out of the Henhouse
- How A Hospital Can Assure That It Will Be Required To Pay Punitive Damages
- SCOTUS: Prosecutors Must Prove “Subjective” Knowledge to Convict Doctors Under the Controlled Substances Act
- Georgia General Assembly Passes HB 478: Establishes Daubert Evidentiary Standard in Georgia Criminal Cases
- Forum Selection Clauses: A Little Time and Thought Now Could Save You a Lot of Time and Headaches Later
- Good News and Bad News Regarding Excessive Fines Clause in DOJ-declined FCA Cases
- The Importance of Follow-Up/Oversight on Contract Provisions
- Congress Passes Corporate Transparency Act
- They Don’t Call Us “Counselor” For Nothing: Part Three of Three
- They Don’t Call Us “Counselor” For Nothing: Part Two of Three
- They Don’t Call Us “Counselor” For Nothing: Part One of Three
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Press
- 42 Smith Gambrell Attorneys and 20 Practice Areas Recognized by Chambers USA 2025
- The Best Lawyers in America® Recognizes 105 SGR Attorneys in 2025 Edition
- 42 SGR Attorneys and 19 SGR Practice Areas Recognized by Chambers USA 2024
- Smith Gambrell Russell Client Granted Acquittal on Clean Water Act Conspiracy Charge by the United States District Court for the Southern District of Mississippi
- The Best Lawyers in America® Recognizes 102 SGR Attorneys in 2024 Edition
- Chambers USA Guide 2023 Recognizes 44 SGR Attorneys and 18 SGR Practice Areas Among the Best in the Country
- Best Lawyers in America Recognizes 91 SGR Attorneys in 2023 Edition
- Smith Gambrell Russell Partner Tony Cochran Selected as Winner of State Bar of Georgia General Practice & Trial Law Section 2022 Tradition of Excellence Award
- Chambers USA Guide 2022 Recognizes 32 SGR Attorneys and 11 SGR Practice Areas Among the Best in the Country
- Smith Gambrell Russell Partner Tony Cochran Honored by Zaban Paradies Center for Lifetime of Service Benefitting Atlanta Homeless Couples
- SGR Attorneys Named to 2022 Georgia Super Lawyers and Rising Stars Lists
- Best Lawyers in America Recognizes 66 SGR Attorneys in 2022 Edition
- SGR Recognized as a 2021 Am Law 200 Firm for Seventh Year in a Row; Advances Two Spots
- Chambers USA Guide 2021 Recognizes SGR Attorneys and Practice Areas Among the Best
- SGR Attorneys Named to 2021 Georgia Super Lawyers List
- Best Lawyers in America© Recognizes 63 SGR Attorneys in 2021
- SGR Partner Tony Cochran Recognized by Daily Report Georgia Legal Awards as a Best Mentor for 2020
- Chambers USA Guide 2020 Recognizes 14 SGR Attorneys and 8 SGR Practice Areas Among the Best in the Country
- SGR Attorneys Named to 2020 Georgia Super Lawyers List
- Smith, Gambrell & Russell Welcomes Top Atlanta Attorneys Tony Cochran and Tom Bever; Grows White Collar Defense Practice