We represent plaintiffs and defendants in commercial litigation across multiple industries including banking, construction, financial services, insurance, brokerage, and retail, including FINRA and AAA arbitrations. Our team of commercial litigators delivers world-class services at competitive rates.
We serve as panel counsel for many insurance carriers which allows us to ramp up quickly and vigorously defend our clients against litigation involving claims of personal injury and wrongful death in premises cases, transportation claims, workplace accidents, Dram Shop matters and other types of claims.
Commercial Automobile/Transportation Group
We have an active and robust commercial automobile/transportation practice and have successfully litigated hundreds of suits relating to claims of defective manufacture, defective design, breach of warranty, inadequate warning, vehicle crashworthiness, and vicarious liability of such diverse vehicles as automobiles, sport utility vehicles, cargo and passenger vans, buses, tractor-trailers, armored vehicles, and forklifts. Further, they have an expertise within the insurance practice relating to automotive vehicles, including no-fault, uninsured/underinsured, and loss transfer rules. They have won a significant number of cases by early motion practice and, when appropriate, resolve cases by favorable settlements quickly and cost-efficiently.
Further we have specific expertise in the emerging car-sharing arena. The firm has knowledge in both interpreting (and drafting) the applicable insurance policies in play, as well as the strategies that are needed to defend them specifically. The firm is familiar and experienced with the specific insurance programs for ride-hailing and car-sharing platforms, as well as a surge of claims and lawsuits against them, their users, and their insurers.
Likewise, the firm is sensitive to the fact that a company’s intellectual property, such as app data, may become the subject of discovery. We understand the need to protect the company and its proprietary information. The firm is skilled in drafting and negotiating confidentiality agreements and protective orders, which can shield the proprietary and trade-secret information of the ride-hailing or car-sharing platform defendants.
Critically, the firm prides itself on its 24/7 rapid response team, which becomes extremely critical in automobile/transportation claims. The team is specifically trained to inspect and preserve the scene and the vehicles involved in an accident. Additionally, the team has a stable of experts, investigators, and translators available to properly obtain witness statements which must be taken early on because recollections often change. Our team utilizes early investigations to obtain high-level results.
Community & Homeowner's Association Law
Community Associations can mitigate risk in covenant and rule enforcement with proactive counsel. Coffey Modica O’Meara Capowski’s litigation team can represent your Community Association in claims involving breach of contract, negligence, breach of fiduciary duty, fraud, and other business torts.
Construction & Construction Defect Litigation
We represent owners, general contractors and trade subcontractors against claims resulting from construction site accidents, design and construction defects, delay and liquidated damages claims and negligence. Our attorneys also serve as direct outside counsel for various construction trade clients to review and negotiate contracts, advise on risk mitigation and best practices, and if need be, defend against claims and suits.
A significant portion of our construction practice involves defending New York Labor Law matters. We are especially experienced at handling the associated challenges that these strict liability statutes present. Our 24/7 Emergency Response Team is on-site immediately following a construction accident to handle an in-depth investigation to determine if the accident or claim falls under the New York Labor Law statutes and to gather the necessary information that will inform the firm’s strategy.
We fiercely defend our clients’ interests. We litigate matters from inception through trial, and if necessary, appeals. Our team of attorneys advises on and determines all avenues of risk transfer for indemnity that minimizes indemnity and insurance loss run exposure.
Cyber, Technology, & Media Litigation
As concerns about cybersecurity, data protection, and privacy expand at the same pace as technology innovation, Coffey Modica O’Meara Capowski remain committed to helping clients understand and mitigate risks to ensure that their business is responsive, compliant, and protected. Our team leverages comprehensive knowledge of matters pertaining to cybersecurity breaches, data loss response, disputes and litigation alleging data breaches or privacy law violations, regulatory investigations and enforcement actions, and cyber insurance.
Our cross-sector approach covers construction, emerging technologies, health care, financial services, retail, communications, manufacturing, and transportation.
Director & Officers
Whether its private or publicly traded companies, litigation against directors and officers, or “D&O”, requires a unique skillset that leverages expertise in a full range of business operations. We have wide-ranging trial experience in all types of litigation involving the duties and responsibilities of directors and officers, including derivative suits, creditor or trustee claims in bankruptcy, shareholder demand letters, and special committee investigations, and we apply that experience in both state and federal court.
We provide defense to workplace disputes that range from compliance issues with local, state, and federal employment laws to workplace operations that resulted in litigation. Our team of attorneys begins with strong negotiation services where disputes can be resolved before trial. We represent employers in cases involving discrimination, harassment, internal investigation, regulatory compliance, First Amendment issues, restrictive covenant, trade secrets, and wage and hour disputes. We also advise employers outside the litigation context on best practices and liability avoidance.
Our environmental litigation team works with many major insurance carriers, third-party administrators and self-insured clients, including one of the largest fuel oil companies in New York, defending catastrophic claims. We help clients navigate complex environmental claims involving regulatory agencies, businesses, and individuals.
Medical Malpractice Law
Professional negligence in medical malpractice matters includes complex medical issues and large damage exposure. Coffey Modica O’ Meara Capowski attorneys consult with clients on risk exposure issues and pre-litigation strategies. Our medical malpractice team includes experienced trial counsel. In addition, we have extensive experience in medical malpractice appeals. Our lawyers have a long history of success in efficiently defending matters against hospitals, urgent care centers, physicians, and allied health professionals.
Nursing Home Litigation
Our team of attorneys defend against claims regarding allegations of abuse, neglect, injury, wrongful death, or regulatory violations, including allegations arising out of the COVID-19 pandemic. Nursing homes, skilled nursing facilities, assisted living facilities and rehabilitation centers and others in the post-acute and long-term care industry recognize Coffey Modica O’Meara Capowski as an experienced team with a deep understanding of highly regulated industries. We provide prompt investigation, claims evaluation, and effective resolution, whether through settlement, arbitration, or litigation.
The firm’s professional liability litigation attorneys bring expertise in counsel, representation, and advocacy to professionals in several areas including: attorneys, accountants, architects, engineers, insurance brokers, and other professionals who have high risk exposure to malpractice claims and similar liability. We are adept at identifying the issues that arise in a professional liability context and routinely resolve such matters through dispositive motions, settlement, and trial.