Recent News:
Josephine Bahn was quoted in an ABA Journal article discussing young lawyers’ increased need for work-life balance, fair pay, and flexible working arrangements.
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Cozen O’Connor not only knows construction law — we know the construction industry. We understand the economics, culture, language, and technology that underlie modern building projects.
With more than 45 attorneys practicing in 12 offices throughout the United States, Cozen O’Connor’s Construction Group has the depth and geographical reach to handle our clients’ most complex problems in the United States and abroad. The Construction Group includes attorneys who are ranked nationally by leading organizations and peer-reviewed publications, including the American College of Construction Lawyers, Chambers USA, U.S. News/Best Lawyers, and The Legal 500. Law360 has recognized the group as a Practice Group of the Year — Construction in 2019 and 2021.
Our attorneys have been in the field, on work sites, and in both boardrooms and courtrooms for more than 40 years, so our legal advice is grounded in that direct, practical experience. We anticipate problems, recommend creative solutions and structure practical agreements. We listen to clients’ specific needs because a “win” can mean different things in challenging construction and legal environments. Whatever the goal, we efficiently analyze the substance of construction-related challenges, help our clients respond in a decisive fashion, and communicate effectively with all parties, from ironworkers and masons to executives, engineers and experts.
In addition to being experienced trial lawyers, our lawyers are also highly experienced in all forms of alternative dispute resolution techniques, including partnering, dispute review boards, mediations, arbitrations, and adjudications. When out-of-court resolution is not attainable, Cozen O’Connor’s construction litigators and arbitration advocates are prepared to go to trial. We have successfully tried cases in state and federal courts, and before arbitration tribunals both domestically and abroad. We have earned a national reputation for skill and tenacity in the court or hearing room. In fact, the Construction Group is co-chaired by one of the few construction litigators ever invited to be a Fellow of the American College of Trial Lawyers.
And when construction matters intersect with other disciplines, the Construction Group draws on the resources of a full-service, international law firm. Our construction clients benefit from experienced and integrated public and private finance, corporate, bankruptcy, environmental, labor, intellectual property, and white collar practices, among others. In addition, the firm’s nationally recognized insurance team regularly advises construction industry leaders on alternative insurance coverage programs, liability and risk review, coverage issues, and claims.
List of Services
The Construction Group’s lawyers provide the full spectrum of services necessary to serve owners, developers, contractors, construction managers, architects, engineers, subcontractors, and suppliers, including:
Project Development
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Counseling on project delivery systems, contracting forms and pricing structures
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Preparation of bid documents
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Project risk evaluation and review
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Formation of owner- or contractor-controlled insurance programs, and captive insurance programs
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Counsel on forms of security, including performance and payment bonds, subcontractor default insurance (Subguard™), and letters of credit
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Drafting and negotiation of prime contracts (including design-build, EPC, CM at risk, cost reimbursable, and other forms of contract), subcontracts, and purchase orders
Project Counseling and Dispute Avoidance
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Project counsel services, supporting the project team during the post-award, execution phase of the project.
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Claim evaluation, preparation and defense
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Contract, change order, and claim review
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Project monitoring and assistance with early claim resolution
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Client education and training programs, including contract training at the start of the project
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Preparation of template notices, letters and timelines for use by the project team.
Litigation/Alternative Dispute Resolution (ADR)
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Dispute Review Boards (DRBs) and Dispute Adjudication Boards (DABs);
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Statutory adjudication
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Mediation
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Arbitration (AAA, JAMs, CPR, statutory/court-ordered, and ad hoc)
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International Arbitration (ICDR, CPR, ICC, LCIA, and ad hoc)
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State and federal court arbitration
Legal Issues/Claims
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Breach of contract and contract interpretation
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Defective specifications and design
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Construction defects and failures (including water intrusion claims)
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Change orders and claims
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Differing site conditions, changed conditions, and changed standards
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Delay, disruption, acceleration, inefficiency, and interference claims
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Out of scope extra work
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Payment disputes
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Bid, payment, performance, and other surety bond claims
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Insurance, CCIP/OCIP, and Subguard™ claims.
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Mechanic’s liens
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Defaults and terminations
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OSHA and Americans with Disabilities Act (ADA) compliance
Projects/Industries
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Commercial / residential construction
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Power, energy, and utility
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Power plant construction
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Renewable energy, including solar, hydroelectric, onshore and offshore wind
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Wastewater treatment plants
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Industrial / manufacturing
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Infrastructure, heavy highway, aviation, and transportation
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Mining
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Oil and gas
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Education
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Public / private school projects (K-12)
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Colleges, universities, and higher education
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Health care: hospitals, assisted living, and life sciences
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Sports, gaming, and entertainment
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Government / public contracting (state and federal)
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Hospitality, retail, restaurant
June 01, 2023
The Federal Circuit ruled that the Blue & Gold waiver rule is a non-jurisdictional claims-processing rule.
May 19, 2023
The new amendments shorten the statute of limitations for general negligence claims and the statute of repose for construction claims.
May 04, 2023
Michael Filbin contributed the article “Toolbox Talk Series Recap – Considerations for Optimizing Dispute Resolution Clauses” to the American Bar Association Forum on Construction Law’s The Dispute Resolver.
April 10, 2023
Congress granted the DoD new authority to modify existing fixed-price contracts to compensate defense contractors for increased costs arising from inflation.
April 03, 2023
Douglas Mackin contributed the article “Toolbox Talk Series Recap – In-House Counsel's Perspective on Improving Construction Arbitration” to the American Bar Association Forum on Construction Law’s The Dispute Resolver.
April 03, 2023
Larry Prosen and Debra Friedman discuss the Washington State Court of Appeals decision in Alstom Power Inc. v. State of Washington Department of Revenue.
February 27, 2023
Josephine Bahn contributed the article “Attorney Fees Award Encourages Voting Rights Litigants” to the American Bar Association Litigation Section’s website.
January 30, 2023
Josephine Bahn contributed the article “Individual Lawyers – Not Firms – Must Pay Discovery Sanctions” to the American Bar Association Litigation Section’s website.
January 04, 2023
On Jan. 1, "pay-if-paid” clauses in new contracts became void and unenforceable as a result of Virginia Senate Bill 550 (“SB 550”) going into effect.
October 14, 2022
Josephine Bahn wrote the article “Formal Ethics Opinion Outlines Client Language Access Duties” for the American Bar Association Litigation Section’s website.
August 31, 2022
The OFCCP informed all federal contractors that a FOIA request seeking contractor data from '16-'20 was submitted. Contractors must file objections by 9/19/22.
August 10, 2022
Ralf Rodriguez and Alexander Thompson published, “Lessons Learned From Deadly Condo Collapse: Reshaping Industry to Prevent Future Tragedy” for The Legal Intelligencer.
May 22, 2022
Senate Bill 550 makes changes to Virginia's Prompt Payment Act and its wage theft statute that will take effect on January 1, 2023.
December 22, 2021
Ralf Rodriguez contributed an article to the ACC South Florida Winter Newsletter discussing the key points in-house counsel should consider when conducting an internal investigation to establish and maintain its privileged status.
December 08, 2021
Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules
December 06, 2021
Ralf Rodriguez discusses proposed revisions to Florida statutes § 95.11(3)(c), § 558.004, § 558.0045, § 558.0046, and §558.006.
November 30, 2021
Stephen Seeger contributed an article to CLM Magazine which discusses the cause and effect of construction vibrations.
November 11, 2021
Larry Prosen discusses DoD's Advanced Notice of Proposed Rulemaking updating its existing, relatively young, CMMC model certification to a CMMC 2.0 structure.
August 12, 2021
Kenny Cushing and Nick Berenato discuss the Pennsylvania Superior Court's decision in El-Gharbaoui v. Ajayi.
August 12, 2021
Fred Jacoby and Jeffrey Mullen contributed an article to The Legal Intelligencer discussing how the pandemic has reinforced the importance of planning for the unexpected when negotiating construction contracts, even where there is no express force majeure clause to which to point.
May 10, 2021
Wendy Venoit co-authored the United States chapter of The International Compendium of Construction Contracts.
April 28, 2021
Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.
June 02, 2020
Chris Sweeney and Alex Busch explain why now could be the perfect moment for contractors to draw a baseline and measure the impacts to date and start measuring future impacts.
May 04, 2020
Sam Mogensen and Chris Sweeney provide updates on recent stay-at-home orders in the midwest and how they are impacting the construction industry.
April 29, 2020
Nick Berenato discusses New York's plan to reopen in phases.
April 27, 2020
Jesse Keene discusses Governor Inslee's addendum allowing limited construction projects to resume in Washington.
April 27, 2020
Nick Berenato and Chris Sweeney discuss Governor Wolf's plan to reopen the construction industry in Pennsylvania.
April 16, 2020
Kelly Trout and Chris Sweeney detail Maryland, New Jersey, and Pennsylvania's recent orders mandating businesses that are operating follow CDC guidelines for preventing the spread of COVID-19.
April 10, 2020
Nick Berenato and Chris Sweeney discuss New Jersey's latest executive order and what it means for construction project sites.
April 10, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch detail the various stay-at-home orders issued by Midwest states and the impact of each on the construction industry.
March 31, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, Kelly Trout, and Alex Busch discuss the D.C. mayor's order closing all non-essential businesses and how it impacts the construction industry.
March 31, 2020
Leni Cummins and Jennifer Miller discuss the Department of Building's guidance following Governor Cuomo's order halting all non-essential construction in New York.
March 30, 2020
Christopher Sweeney, Stephen Seeger, Jesse Keene, Kelly Trout, and Alex Busch discuss how the Maryland and Virginia executive orders will impact the construction industry.
March 27, 2020
Nicholas Berenato, Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch review the executive orders from the governors of Delaware, New York, New Jersey, and Pennsylvania and the impact on the construction industry.
March 25, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch discuss orders in California, Oregon, and Washington closing businesses due to coronavirus.
March 20, 2020
Chris Sweeney, Stephen Seeger, and Jesse Keene discuss steps the construction industry can take now to better prepare them for the impact of COVID-19.
December 01, 2019
Wendy Venoit co-authored an article for The Construction Lawyer that discusses the third phase of Forensic Schedule Analysis in the context Rule 702.
August 08, 2019
For the first time, a Pennsylvania court struck down the lawfulness of a project labor agreement (“PLA”), finding that it violated Pennsylvania’s competitive bidding laws. As a result, the pool of potential bidders on Pennsylvania public projects—both union and nonunion—remains competitive and will save taxpayers millions.
September 10, 2018
Kenneth Cushing discusses the very significant statutory changes relating to payment disputes on Pennsylvania private construction projects.
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.
May 31, 2023
Cozen O’Connor is proud to announce that Wendy Venoit, a member of the firm’s Construction Law Group, has been named a 2023 Massachusetts Go To Construction Lawyer by Massachusetts Lawyer Weekly.
May 30, 2023
Super Lawyers has named 14 Cozen O’Connor attorneys to its 2023 Washington D.C. Super Lawyers and Rising Stars lists.
May 24, 2023
Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.
May 11, 2023
Lawrence Prosen was quoted in an article published by Law360 which discusses the environmental variables and cost pressures of carbon-capturing concrete.
May 09, 2023
Fred Warren Jacoby, a member of the firm’s Commercial Litigation Department, has been reappointed as a member of the Alternative Dispute Resolution (ADR) Committee and the Collaborative Law Committee for the Pennsylvania Bar Association.
May 02, 2023
F. Warren Jacoby, a member of the firm’s Commercial Litigation Department, has been reappointed as the co-chair of the Gaming Law Committee for the Pennsylvania Bar Association.
May 01, 2023
Cozen O’Connor is proud to announce that Wendy Venoit, a member of the firm’s Construction Law Practice, has been inducted into The Moles, a highly prestigious nationwide fraternal organization of heavy construction professionals.
April 20, 2023
Cozen O’Connor is pleased to announce that Bruce Ficken and Raymond DeLuca, co-chairs of the firm’s Construction Law Group, have been named to City & State’s 2023 Construction Power 100 list.
April 19, 2023
Josephine Bahn, an associate in Cozen O’Connor’s Construction Law Group, will receive the Legal Aid DC Klepper Prize for Volunteer Excellence at the 2023 Servant of Justice Awards Dinner.
March 23, 2023
Josephine Bahn was quoted in a Law360 article discussing how Generation Z attorneys approach their careers and practices.
March 16, 2023
Josephine Bahn was quoted in an ABA Journal article discussing young lawyers’ increased need for work-life balance, fair pay, and flexible working arrangements.
March 07, 2023
Wendy Venoit, member of the firm’s Construction Law Group, has been elected to the American College of Construction Lawyers (ACCL) Board of Governors.
January 09, 2023
Ralf Rodriguez, a member of the firm’s Construction Law Group, was quoted in a Daily Business Review article.
December 22, 2022
Josephine Bahn was a guest on the American Bar Association’s Tort Trial and Insurance Practice Section’s Insider TIPS Podcast.
December 19, 2022
Josephine Bahn was featured in her college alma mater’s alumni success stories, Hawk Stories.
December 16, 2022
Josephine Bahn authored the article “Original Tweets Only: Retweeters Not Liable for Defamation” for the American Bar Associate Litigation Section’s website.
November 30, 2022
U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.
September 29, 2022
Ralf R. Rodriguez, a member of the firm’s Construction Law Group, was quoted in the Law360 article “Fla. Real Estate Attys See Lengthy Rebuild From Hurricane Ian.”
September 27, 2022
Josephine Bahn was featured in an article published by the New York Law School News.
September 23, 2022
Josephine Bahn was quoted in an article published by Law360, “Could Tuition Hikes Force More Law Grads Onto BigLaw Path?”
September 09, 2022
Josephine Bahn was quoted in an article published by Law360, which discusses the lessons attorneys wish they had received in law school but learned on their own in the workplace.
August 22, 2022
210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.
August 17, 2022
Jesse Keene, member of the firm’s Construction Law Group, has been announced as the Mid-Atlantic Regional Director for the Society of Construction Law, North America (SCL-NA).
August 05, 2022
Gary Gassman and Josephine Bahn, have been installed in ABA Chair Roles.
August 04, 2022
Larry Prosen was quoted in an article by Construction Dive, which discusses the CHIPS Act President Biden recently signed.
July 12, 2022
Super Lawyers has named 13 Cozen O’Connor attorneys to its 2022 Washington D.C. Super Lawyers and Rising Stars lists.
July 11, 2022
For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.
June 30, 2022
Ralf R. Rodriguez, a construction attorney in the firm’s Miami office, was quoted in the article “Echoes of a Tragedy: Surfside Condo Collapse Has Lasting Ramifications” by the South Florida Business Journal.
June 02, 2022
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.
June 01, 2022
Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.
April 22, 2022
Larry Prosen was quoted in an article published by Law360 which discusses how the infrastructure bill President Joe Biden signed into law in the fall is set to unleash hundreds of billions of dollars on roads, bridges, trains, and other construction projects.
April 07, 2022
Larry Prosen, member of the firm's Construction Law Group, has been named to Law360’s 2022 Construction Editorial Advisory Board.
March 31, 2022
Cozen O’Connor is pleased to announce that Josephine Bahn, an associate in the firm’s Commercial Litigation Department, has been selected to the Daily Record’s Maryland Top 100 Women List.
March 18, 2022
Cozen O’Connor is pleased to announce that Wendy Venoit, member of the firm’s Construction Law Group, has been named a 2021 Lawyer of the Year by Massachusetts Lawyer Weekly.
March 14, 2022
Cozen O’Connor is pleased to announce that Bruce Ficken, chair of the firm’s Construction Law Group, has been named to City & State’s 2022 Construction Power 75 list.
March 01, 2022
Wendy Venoit was quoted in a Law360 article that featured a long list of attorney moves in Boston during the month of February.
February 02, 2022
Wendy Venoit was featured in a Law360 article that discusses her move to Cozen O'Connor.
January 31, 2022
Venoit brings a distinguished history of litigation and arbitration of infrastructure, power, renewable energy, oil and gas, and vertical construction projects throughout the United States and internationally.
January 18, 2022
Cozen O’Connor is pleased to announce that the firm has been named a Law360 2021 Practice Group of the Year in Construction.
November 04, 2021
U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.
October 13, 2021
Ralf R. Rodriguez joins our Miami office. He will be a member of the Construction Law Group.
August 19, 2021
Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.
July 26, 2021
The former vice president and litigation and risk management counsel brings to this nationally recognized construction practice close to two decades of distinguished experience having managed hundreds of litigations and arbitrations through discovery, hearings, appeals, and/or settlement.
June 17, 2021
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Jeff Vogel, and Rachel Welford to its 2021 Legal Guide.
May 28, 2021
Super Lawyers has selected 47 Cozen O'Connor attorneys to the 2021 Pennsylvania Super Lawyers and Rising Stars lists.
May 26, 2021
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.
May 05, 2021
Super Lawyers has named 12 Cozen O'Connor attorneys to its 2021 Washington, D.C., Super Lawyers and Rising Stars list.
March 30, 2021
Larry Prosen was featured in an article published by Construction Dive, which discusses steps construction firms can take to ensure they remain compliant.
March 01, 2021
Prosen brings a distinguished resume that includes experience in all aspects of government contracts, from regulatory compliance to claims and bid protest litigation. Joining with Prosen are two associates Benjamin L. Williams and Caitlin E. Trevillyan.
December 11, 2020
Cozen O’Connor is pleased to announce that Bruce Ficken, chair of the firm’s Construction Law Group, was selected by Lawyer Monthly as Lawyer of the Year 2020 for Construction Law – USA.
November 05, 2020
U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.
October 22, 2020
Cozen O’Connor is pleased to announce that Jesse Keene, member of the firm’s Commercial Litigation Department, has been named a fellow of the Construction Lawyers Society of America. The
August 20, 2020
Best Lawyers selected 201 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).
June 22, 2020
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Stephen Cozen, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Christopher Sweeney, and Jeff Vogel to its 2020 Legal Guide.
June 05, 2020
Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.
May 14, 2020
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.
April 20, 2020
Super Lawyers has named 14 Cozen O'Connor attorneys to its 2020 Washington, D.C., Super Lawyers and Rising Stars list.
January 27, 2020
Cozen O’Connor has been named Law360 2019 Construction Group of the Year.
November 05, 2019
The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.
October 25, 2019
Bruce Ficken, chair of Cozen O’Connor’s Construction law Group, Larry Laubach, chair of the firm’s Corporate Law Practice Group, and Elizabeth Malloy, member of the Labor and Employment Group, were named to the Philadelphia Business Journal’s 2019 “Best of the Bar.”
October 16, 2019
James Kwartnik has been recognized as a 2019 Rising Star by Law360.
October 07, 2019
Cozen O’Connor today announced attorneys Christopher M. Sweeney and Alexandra E. Busch have joined its Washington D.C. Construction Law practice, bringing to four the number of lawyers who have joined the fast-growing practice in just the past two weeks.
September 23, 2019
Seeger and Keene have played leading roles in developing some of the largest building projects in Washington, D.C., one of the hottest and fastest-growing commercial and multifamily construction markets in the United States.
August 28, 2019
Cozen O’Connor is proud to announce that six of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America.
August 28, 2019
Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.
June 14, 2019
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O'Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, and Jeffrey Mullen to its 2019 Legal Guide.
May 21, 2019
Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
March 20, 2019
Cozen O'Connor Construction Law Practice Chair Bruce W. Ficken has been selected as a Philadelphia Inquirer 2019 Influencers of Law Award Winner in the category of Business Litigation.
January 11, 2019
David Shimkin, a member in the firm's Commercial Litigation Department, was quoted in Law360's article, "Calif. Builders Strategize Ahead Of 2020 Solar Panel Rules."
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.
June 15, 2018
The U.S. edition of The Legal 500 recognized Cozen O’Connor’s Aviation, Construction, and Shipping practices as well as attorneys Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, and Anne Mickey.
June 12, 2018
Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.