Jeremy P. Cole

Jeremy Cole is a first-chair, trial lawyer with 25 years of experience. He represents clients in complex, high-stakes litigation in the United States and internationally.

Jeremy represents clients in contract disputes arising from license, collaboration, acquisition, and other commercial agreements across various industries, including pharmaceuticals, biotechnology, real estate, software, and transportation. In the last three years alone, Jeremy and Jones Day teams have taken several disputes to trial/final hearing and obtained decisive victories for clients in all of them, including the unanimous denial of a $315 million claim alleging a failure to use commercially reasonable efforts (CRE). Jeremy litigates cases in state and federal courts across the United States. He also has experience with various arbitration organizations, including the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), the International Center for Dispute Resolution (ICDR), and the London Court of International Arbitration (LCIA).

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

Jeremy resides in Chicago and is active in the community. He serves on the board (and is the former president and chair) of Working In The Schools (WITS), a literacy-focused nonprofit organization that mentors children in Chicago Public Schools.

Experience

Pharmaceutical client prevails in ICC arbitration arising from royalty disputeJones Day served as lead counsel for a pharmaceutical client and the licensor in a cross-border arbitration.

REGENXBIO wins unanimous award of over $33 million issued against former licensee in AAA arbitrationJones Day, on behalf of REGENXBIO Inc., secured a unanimous final award of over $33 million from a three-member AAA panel following a multi-day arbitration against REGENXBIO's licensee Abeona Therapeutics Inc.

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.

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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April 2025 Newsletters

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

June 2013 Commentary

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

Additional 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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Experience

Innovative Insights: Legal Updates in Life Sciences | First Quarter 2025

FDA Announces Delayed Enforcement of Looming Supply Chain Requirements for Drugs Until 2024

Controversial Rule by CFPB Limits Class Action Waivers in Arbitration Agreements

CFPB Proposes New Rule on Mandatory Consumer Arbitration Clauses

The Future of Mandatory Consumer Arbitration Clauses

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

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

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

Supreme Court to Address Class Arbitration Again in Oxford Health Plans

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

Additional Publications

Additional Speaking Engagements

Jeremy P. Cole

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