Cozen O’Connor: Jacoby, Fred Warren

Fred Warren Jacoby

Vice Chairman

Philadelphia

(215) 665-2154

(215) 219-4585

(215) 701-2154

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.

Chambers USA recognized Fred as a Band 1 “Notable Practitioner” in Construction Litigation in 2014  to present. Fred is consistently recognized by his peers as a "Best Lawyer" and "Super Lawyer" in his respective practice areas. In 2015, The Best Lawyers in America© named him a 2016 Lawyer of the Year© for Construction Litigation, and he has been recognized as a “Best Lawyer” from 2006 to 2018 and a “Super Lawyer” from 2004 to 2018. 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.

Experience

News

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Fifty-four Cozen O’Connor Attorneys Named 2018 Pennsylvania Super Lawyers and Rising Stars

June 12, 2018

Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

F. Warren Jacoby Discusses Captive Insurance Benefits in Law360

January 13, 2016

F. Warren Jacoby, a member of Cozen O'Connor's Litigation department, discusses wealth transfer benefits of captive insurance.

Fifty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 17, 2015

The current edition is based on more than five million detailed evaluations by the top lawyers of the country. This list will be included in dozens of city and regional publications in the United States including The Wall Street Journal, The New York Times, and The Washington Post.

Cozen O’Connor Earns Client Recognition in 2015 Chambers USA Rankings

July 06, 2015

Chambers USA recognized 37 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 10 were ranked in the top band.

Cozen O’Connor Earns Client Recognition in 2014 Chambers USA Rankings

May 30, 2014

Chambers USA recognized 29 Cozen O’Connor lawyers as leaders in their respective fields; six attorneys were recognized nationally and eight were ranked in the top band. Stanley Sher was named a “Senior Statesman” in the “Transportation: Shipping: Regulatory (outside New York)” industry, for the pivotal role Sher plays in the firm’s continued success in the transportation industry.

Cozen O’Connor Team Secures FINRA Arbitration Win

May 12, 2014

Cozen O’Connor litigators Fred Jacoby and Joseph Dever recently obtained a complete victory in a $2 million FINRA securities arbitration in New York.

46 Cozen O’Connor Lawyers Named to The Best Lawyers in America

August 28, 2013

Forty-six Cozen O’Connor lawyers from eight of the firm’s national offices have been selected for inclusion in The Best Lawyers in America. Attorneys were selected based on a rigorous peer-review of more than 4.3 million detailed evaluations. The list will be included in publications such as The Washington Post, Los Angeles Times, and New York magazine.

Fred Jacoby Discusses New Jersey Sports-Betting Program in Philly.com

August 12, 2012

Fred Jacoby, head of the firm's construction law and litigation practice, was quoted in an article titled, ''N.J's Legal Strategy in Sports-Better Plan,'' regarding the legality of a sports-betting program New Jersey officials are attempting to launch.

43 Cozen O’Connor Lawyers Named to The Best Lawyers in America

February 09, 2011

Forty-three Cozen O’Connor lawyers from six of the firm’s national offices have been selected for inclusion in the 2011 edition of The Best Lawyers in America. Lawyers were selected for inclusion in the 2011 edition based on a rigorous peer–review of more than 3.1 million detailed evaluations.

Forty-Two Cozen O’Connor Attorneys Honored as Best Lawyers in America

September 29, 2009

Forty-two Cozen O’Connor attorneys from seven of the firm’s national offices have been selected for inclusion in the 2010 edition of The Best Lawyers in America.

Cozen O’Connor Attorneys Named 2009 Pennsylvania Super Lawyers By Law & Politics

May 28, 2009

Cozen O’Connor is proud to announce that 52 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2009 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2009 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Twenty-Five Cozen O’Connor Attorneys Honored As Best Lawyers In America

October 29, 2008

Twenty-five Cozen O’Connor attorneys from six of the firm’s national offices have been selected for inclusion in the 2009 edition of The Best Lawyers in America.

Cozen O’Connor Attorneys Named Pennsylvania Super Lawyers By Law & Politics

May 29, 2008

Cozen O’Connor is proud to announce that 42 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2008 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2008 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Publications

How the Miller Act May Help a Subcontractor Avoid the Effect of Subcontract Terms [The Legal Intelligencer]

August 04, 2018

Ray DeLuca, Fred Jacoby, and Jeff Mullen, attorneys in the firm's Construction Law Group, published, "How the Miller Act May Help a Subcontractor Avoid the Effect of Subcontract Terms" for The Legal Intelligencer.

2017 AIA Contract Documents Update [Construction Alert]

September 25, 2017

James Kwartnik and Fred Jacoby discuss the AIA's changes to A201 (General Conditions of the Contract for Construction) documents.

Indemnity and Additional Insureds: Tools for Risk Shifting

August 22, 2017

Fred Jacoby, Ray DeLuca, and Jeff Mullen, of Cozen O'Connor's Construction Law Group, published, "Indemnity and Additional Insureds: Tools for Risk Shifting," in The Legal's Construction Law supplement.

A Supplemental Whitepaper Addressing Sandy's Impact on Commercial and Residential Property Owners and Construction Companies [Cozen O'Connor Whitepaper]

January 23, 2013

This whitepaper provides an overview of construction related issues potentially raised by storm damage, including delay claims, areas of responsibility of municipalities and design professionals, environmental concerns and other topical matters.

Executive Insights [Construction Executive]

February 01, 2009

Under the new Obama administration, Congress is expected to pass legislation to inject much needed capital into government projects. However, in the current economic climate, the construction industry landscape is a potential legal minefield and contractors should proceed with caution. In the words of Cozen O'Connor's F. Warren Jacoby, ''With the high cost of litigation, few contractors can weather more than one significant claim, irrespective of whether or not they are liable.''

Events & Seminars

Upcoming Events

Avoiding, Prosecuting, and Defending Construction Defect Claims

May 17, 2019 - Atlanta, GA

Jennifer Kennedy-Coggins and Fred Warren Jacoby will present at the Avoiding, Prosecuting, and Defending Construction Defect Claims seminar. Jennifer's presentation is titled, "The Emerging Role (And Risks) of Drones in Assisting with Construction," and will expand on drones, ways they help avoid construction defect claims, and more. Fred's presentation is titled, "Reducing risk for yourself, your company and your clients," and will discuss recent changes to the AIA form documents (addressing defects), negotiating fair and understandable contract terms in contemplation of potential construction defect claims, and more.

Past Events

A Day on Real Estate - East 2018

August 23, 2018 - Philadelphia, PA

PBI Real Estate Institute 2017

December 07, 2017 - Philadelphia, PA

PBI's 19th Annual Real Estate Institute

December 11, 2015 - Philadelphia, PA

Real Estate Insurance Liabilities Program

February 24, 2015 - Webinar

PBI: 18th Annual Real Estate Institute

December 04, 2014 - Philadelphia, PA

Education

  • Dickinson School of Law, J.D., cum laude, 1971
  • University of Pennsylvania The Wharton School, B.S.E., 1965

Awards & Honors

Best Lawyers in America 2006-2019

Super Lawyer by Law & Politics 2004-2018

Chambers & Partners USA 2014-2018

Top Rated AV Preeminent Lawyer, Martindale-Hubbell

  • New York
  • Pennsylvania
  • 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