Fred Warren Jacoby is a commercial litigator with an emphasis on construction law. Fred has notably diverse experience and is a sought-after advocate and adviser who serves companies in the construction, real estate, and financial services industries.
He represents clients in their most significant commercial litigation and regularly provides strategic counsel on operations and contracts to help clients avoid potential disputes. He is also a vice chairman of the firm and a member of the Advisory Committee that counsels the firm’s board of directors and management committee.
As senior adviser to the Construction Law practice, Fred represents owners, contractors, and construction managers in economic disputes with stakes ranging from several million to several hundred million dollars. He has experience handling large construction failures, OSHA compliance, bid protests, public construction contracts, delay claims, contract disputes, and many other construction-related issues.
On the financial services side, in addition to litigation matters, Fred represents insurers, insured parties, broker-dealers, and other registered representatives in the development and distribution of financial services products, with particular emphasis on property and casualty insurance and the life settlement market.
Fred also advises brokers, consultants, and business and private clients regarding their formation and use of captive insurance companies. This includes not only from a regulatory standpoint in working with the insurance departments of proposed domiciles of these companies and developing feasibility studies but also in the development and implementation of a business plan to include both regulatory, actuarial, tax and other disciplines.
Among the clients for whom Fred has worked in establishing captive insurance companies are Toll Brothers and Crownway (formerly Crown Cork and Seal). Fred also serves as a consultant for clients, brokers, and others in their initial consideration and analysis of the applicability and desirability of captive insurance companies for their particular situations.
Fred is an active member of a number of professional associations, including the American, Pennsylvania, New York, and Philadelphia bar associations; the American Association for Justice; the Life Insurance Settlement Association; and the Society of Financial Service Professionals.
Fred received his undergraduate degree from the Wharton School of the University of Pennsylvania. Before attending law school, he served as an officer in the U.S. Army, including in Vietnam. He earned his law degree, cum laude, from the Dickinson School of Law, where he was an editor of the Dickinson Law Review.
- Defended construction manager in connection with the catastrophic Tropicana Garage collapse, both in OSHA proceedings and in extensive multi-party litigation in state court involving in excess of $200 million in claims. Following mediation, all matters were settled.
- Represented construction manager in connection with millions of dollars of claims among the owner, the construction manager and other parties on the project involving The Walk, in Atlantic City. Case settled before trial.
- Represented a Southeastern Pennsylvania township in claims against construction manager, architect and general contractor relating to the design and construction of the township’s municipal services building, with a recovery of in excess of $3,500,000.
- Represented one of the sureties that issued gas forward bonds in connection with the Enron litigation commenced by JP Morgan Chase seeking in excess of $1 billion from numerous sureties. After a one-month trial in the United States District Court for the Southern District of New York, the case settled.
- Represented developer in proceedings initiated by an activist group seeking to delay and enjoin the construction of a significant multi-million dollar development project. After hearings before the Commonwealth Court, and appeals, the Court refused to enjoin the project.
- Represent an international industrial gases company in the negotiation of contracts for substantial projects relating to the construction of gas and process management plants, and the negotiation and litigation of claims and disputes regarding their construction and operation.
- Advised condominium developer regarding its rights and obligations under the Federal Fair Housing Act as the result of its request for a proposed modification to the Municipal Building Code.
- Dickinson School of Law, J.D., cum laude, 1971
- University of Pennsylvania The Wharton School, B.S.E., 1965
BAR ADMISSIONS : New York; Pennsylvania
COURT ADMISSIONS :
- Pennsylvania Supreme Court
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court — Eastern District of Pennsylvania
- U.S. Court of Appeals for the First Circuit
- New York Supreme Court
- American Bar Association
- American Trial Lawyers Association
- New York City Bar Association
- Pennsylvania Bar Association
- Philadelphia Bar Association
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