PRACTICE FOCUS
Warren A. Koshofer is a Principal in the firm’s Commercial Litigation practice group. Mr. Koshofer focuses his practice on contract matters, intra-company disputes, insurance coverage and defense, toxic tort defense, real estate disputes, and construction-related matters, as well as due diligence and indemnification relating to company mergers and acquisitions. He represents clients—including Fortune 100 companies, partnerships and high-profile individuals — at the state, federal, trial and appellate court levels. He also handles matters before administrative law courts, regulatory agencies, and alternative dispute resolution forums across the country. Mr. Koshofer’s clients expand across many industries, including insurance, manufacturing, financial and hospitality.
Mr. Koshofer also works with clients in both litigation and transactional matters related to environmental law. On the litigation side, he has had several landmark victories in the chemical, manufacturing, oil and gas sectors. He has litigated, among other, matters involving CERCLA contribution and cost recovery, toxic exposure, product defect and Proposition 65.
Mr. Koshofer is actively involved in many organizations and associations, including The Risk Management Society (RIMS), the American Bar Association, the California State Bar Association, the New Jersey State Bar Association and the New York State Bar Association.
REPRESENTATIVE MATTERS
- Business Litigation: Represented a cannabis-related business in wresting control of its dispensary operations back from minority partners and obtaining favorable decisions on the client’s super-majority ownership rights.
- CERCLA Defense: Successfully represented a metal plating operation in defense of CERCLA contribution claims brought by a neighboring property owner who, after aggressive litigation and receipt of counterclaims filed on the client’s behalf, settled with the client for a “walk-away” dismissal of all claims.
- Consumer Litigation (Insurance): Represented a large international insurance company sued by a public company policyholder contending that an insurance product was illusory, illegal and evidenced a pattern and practice justifying over $100M in damages. Devised a defense strategy that included filing suit against the policyholder for failing to pay certain policy premiums. Through litigation, secured a dismissal of the plaintiff’s lawsuit and recovered approximately $5M on the client’s behalf.
- Corporate Dispute: Successfully represented a managing member of an LLC by defeating all claims brought by other members of the LLC, which alleged that the managing member misappropriated corporate opportunities and violated fiduciary duties. The client was completely vindicated in defense of all claims.
- Due Diligence: Conducted due diligence on behalf of banks and other financial investors associated with contemplated new investments or loans, particularly with respect to environmental and litigation risks.
- Environmental Defense: Successfully defended a client against action by the USEPA, which filed a complaint seeking millions of dollars in penalties for alleged regulatory violations. The USEPA alleged that the client operated a plant that leaked a hazardous substance into the air before being shut down by USEPA. Choosing to push back against the proposed penalties versus a merit-based challenge, the dispute was favorably resolved for $5,000.
- Insurance Coverage (Bad Faith Defense): Represented a prominent insurance company in the defense of an arbitration proceeding where the insured, under CGL insurance policies issued by the client, sought the return of several million dollars paid by the insured for, among other things, deductible obligations. After an aggressive defense, the case ultimately settled at mediation with the insured paying the insurer several million dollars.
- Insurance Coverage (Policyholder): Represented product manufacturers in lawsuits with their liability insurers arising out of environmental and toxic tort claims. Overcame numerous challenges by the insurers, including claims that underlying layers of coverage were not exhausted, and occurrences did not take place in particular policy years, to drive the insurers to the settlement table to fund environmental cleanup and defend toxic tort actions.
- Proposition 65: Represented product manufacturers in California Proposition 65 cases relating to various products, including a bicycle manufacturer defending claims that the cables on its bicycles were subject to Prop 65 disclosures.
- Securities Fraud Defense: Represented an investment banking firm in defense of a securities fraud case alleging hundreds of millions of dollars of losses stemming from an alleged pump-and-dump stock scheme.
- Toxic Tort Defense: Represented a chemical manufacturer in the defense of more than 80 separate toxic tort cases filed by teachers and students at an elementary school which neighbored a plating operation site where the client’s chemicals were allegedly used; led the defense to a very favorable settlement on the client’s behalf.
AWARDS AND RECOGNITION
- Listed, AV® Preeminent Peer Review Rating, Martindale-Hubbell
- Listed, Super Lawyer, Super Lawyers Magazine (2005)
- Listed, Who’s Who in Law, Marquis
