- The Risk Management Society (RIMS)
Bar & Court Admissions
- State Bars of California, New York, New Jersey and Pennsylvania
- U.S. Court of Appeals for the Ninth and Third Circuits
- U.S. District Court for the Eastern, Central, Southern and Northern Districts of California
- U.S. District Court for the Southern and Eastern Districts of New York and New Jersey
American Bar Association
California State Bar Association
New Jersey State Bar Association
New York State Bar Association
Agoura-Oak Park Youth Football
Agoura Pony Baseball
Make a Wish Foundation
March of Dimes
Rutgers University School of Law, J.D.
Rutgers University, B.A.
Warren A. Koshofer
Warren Koshofer handles commercial litigation matters including mass and toxic tort, product manufacturing and liability, insurance, environmental, real estate, construction and contract disputes. He regularly represents clients ranging from Fortune 100 companies to partnerships to high profile individuals, at state and federal trial and appellate court levels, as well as before administrative law courts, regulatory agencies, and in alternative dispute resolution forums across the country.
Mr. Koshofer represents clients in complex commercial litigation primarily in the insurance, environmental and hospitality industries. He has had several landmark victories in the manufacturing, chemical, and oil and gas business sectors involving alleged product liability exposure. He regularly handles matters that require a deep understanding of the intersection of law and science.
Mr. Koshofer represents a number of major companies, defending various insurance-related cases, including, most notably, environmental, toxic tort and large general liability matters.
Mr. Koshofer has long been involved with various civic and community organizations, and has served on the board of directors for the United Way, the Make-a-Wish Foundation and the March of Dimes. He has also contributed to the youth of Southern California by serving on the boards of several different youth sports leagues.
Mr. Koshofer obtained his J.D. from Rutgers University School of Law, and a dual-major B.A. in History and Education from Rutgers, New Brunswick, where he graduated with honors and Dean’s List accreditation.
Awards & Recognitions
Mr. Koshofer is recognized by Martindale-Hubbell as an AV (Preeminent) peer-rated attorney, the highest possible Martindale attorney rating for legal ability and professional ethics. He has also been named to the list of Southern California Super Lawyers and has been recognized in the Marquis’ “Who’s Who in Law.”
- Acquisitions: Represented a prominent hotel and gaming corporation in the acquisition of competing corporations and hotel properties and the disposition of various hospitality and gaming related properties and businesses. The value of the acquisitions and dispositions exceeded $100 million.
- Aerospace Defense: Represented an aircraft component manufacturer in the defense of more than 60 lawsuits brought on behalf of passengers in a highly publicized air crash disaster case off the coast of Brazil.
- CERCLA Defense: Represented a global insurance company in prosecuting a CERCLA contribution action against the United States Department of Defense pertaining to perchlorate contamination at a former ammunition manufacturing site. After aggressive litigation in federal court, the case settled in a favorable manner.
- 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 and Due Diligence: Represented a prominent hotel and gaming corporation in connection with the provisions of an environmental, risk management and energy-related services agreement pertaining to an $8 billion mixed-use construction project in Las Vegas, Nevada.
- Environmental Defense: On behalf of a manufacturer alleged to have contributed to the contamination of a large Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Superfund site, negotiated a first of its kind $400 million joint water supply/contaminant cleanup project. The negotiations between and among the U.S. Environmental Protection Agency (USEPA), U.S. Attorney General’s Office, several water supply companies and numerous potentially responsible parties lasted for more than a year, with the resulting project serving as a model for future USEPA-driven Superfund settlements.
- Environmental Defense: Successfully defended a client against the Environmental Protection Agency (EPA), which filed a complaint seeking penalties in excess of $1 million for violations of the Clean Air Act and the Emergency Planning and Community Right-to-Know Act. The EPA alleged that the client operated a plant that leaked a hazardous substance into the air before being shut down by EPA. Choosing to push back against the proposed penalties versus a merit-based challenge, the dispute was favorably resolved for $5,000.
- Insurance Company Consumer Litigation: A large international insurance company was sued by a large public company policyholder contending that the insurance product was illusory, illegal and evidenced a pattern and practice justifying over $100 million in damages. Devised a defense strategy that included filing suit against the policyholder for failing to pay certain premiums pursuant to the policy. Through litigation, M&R secured a dismissal of the lawsuit, and recovered approximately $5 million from the plaintiff.
- Insurance Coverage/Bad Faith: Represented a prominent insurance company in the defense of an arbitration proceeding where the insured, under commercial general liability (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 client several million dollars, rather than the other way around.
- Insurance Coverage: Represented product manufacturers in lawsuits with the corporation’s liability insurers arising out of environmental and toxic tort claims. Mr. Koshofer was able to overcome 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.
- Insurance Defense: Represented a global insurance company in the defense and successful resolution of more than $100 million in complex environmental claims.
- Municipality Toxic Tort/Legislative Investigation: Mr. Koshofer was successful in launching a legislative investigation on behalf of his municipality client into the environmental conditions at a prominent high school, arising out of allegations that the operation of an oil well immediately adjacent to the high school was posing serious health risks to teachers, students and neighboring property owners. The case was eventually dismissed against Mr. Koshofer’s client.
- Proposition 65 Cases: Represented product manufacturers in California Proposition 65 cases relating to the corporation’s products, including, for example, a bicycle manufacturer defending claims that the cables on its bicycles were subject to Proposition 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 of an elementary school which neighbored a plating operation site where the client's chemicals were allegedly used. Mr. Koshofer led the defense to a favorable settlement on behalf of his client and the rest of the manufacturer defendants.
- Toxic Tort Defense: Represented a multinational corporation in the defense of a toxic tort case filed by more than 1,500 residents claiming injuries due to the ingestion of contaminated drinking water. Mr. Koshofer was one of the key members of the joint defense group, which after numerous appeals, including to the California Supreme Court, achieved a very favorable settlement.
- Pennsylvania Record, July 26, 2016
- Risk and Insurance Magazine, October 23, 2013
- Metropolitan News-Enterprise, December 2, 2010
- Press Release, December 1, 2010
- Daily Journal, July 18, 2014
- Risk Management Magazine, October 1, 2013
- Updated EPA Classification of Contaminant May Have Big ImpactDaily Journal, March 26, 2012
- Law360, April 25, 2011
- Daily Journal, April 20, 2011
- Law360, March 16, 2011
- BrownfieldRenewal.com, July 2010
- CERCLA and PRP Contribution Claims: Make Cost Recovery Work For YouBrownfield Renewal, Volume 14, Issue 3, Summer 2010
Past Speaking Engagements
- Philadelphia, PA, April 4, 2011
- Significant Developments Affecting the Chemical IndustryPhiladelphia, PA, December 2009
- Basic Practice Series: Client Intake & EvaluationAmerican Bar Association (ABA) Section of Environment, Energy & ResourcesWashington, DC, Fall 2009
- UK Supreme Court: Fraud Trumps the Finality of Settlements September 23, 2016
- New FAA Rules on Commercial Drone Use: Insurance Considerations September 20, 2016
- A Sign of the Times: Philadelphia Insures Against Police Liability Claims Ahead of the Democratic National Convention July 15, 2016
- California Appeals Court Rejects Insurer’s Reliance on Contractual Escape Clause April 20, 2016
- Attack of the Drones: Unmanned Aircraft Raise Coverage and Liability Questions March 14, 2016
- U.S. Magistrate Judge Recommends Finding for Insurer Due to No Final Judgment Against its Bankrupt Insured March 7, 2016
- Insurer Prevails on Rescission Claim Against H.J. Heinz Co. February 8, 2016
- Infrared Video Shows Natural Gas Plume in Porter Ranch December 29, 2015
- Flint, Michigan Mayor Declares State of Emergency over Lead Poisoning December 15, 2015
- SoCalGas Sued in Class Action over Porter Ranch Gas Leak December 4, 2015
- Fee-Shifting Bylaws: Coming Soon to a State Near You? July 18, 2014