Josephine M. Bahn

Associate

Josephine (Jo) focuses her practice on commercial litigation and construction law. She counsels real estate developers, project owners, contractors, and design professionals in all phases of the construction process. Jo’s practice includes public and private projects as well as bid protests throughout the United States. She also regularly handles claims related to mechanics’ liens on projects. Jo has wide-ranging experience litigating construction defect claims including stucco and other water intrusion claims. She has litigated in a wide range of forums, including state, federal, and administrative forums as well as various boards of contract appeals.

Prior to joining the firm, she was a senior attorney in the enforcement section of the Federal Deposit Insurance Corporation (FDIC). There, Jo focused on banking laws and regulations, including the Federal Deposit Insurance Act, Dodd-Frank Wall Street Reform and Consumer Protection Act, Equal Credit Opportunity Act, Federal Housing Act, Real Estate Settlement Procedures Act, and section 5 of the Federal Trade Commission Act. She managed, investigated, and developed legal strategy for 10c enforcement litigation matters and investigations involving deceptive and unfair practices to consumers and fraud or other risk-related harm to FDIC insured institutions. She worked with the FDIC’s seven regional offices and examiners in the FDIC’s Division of Consumer Protection and Risk Management Supervision. She developed methods to streamline pleadings related to 10c investigations and other consumer related enforcement documents. Through the Office of Minority and Women Inclusion (OMWI), Jo provided advice to the FDIC chairman on diversity and inclusion concerns. She developed and implemented OMWI activities that addressed cultural diversity, differences, similarities, and contributions of the FDIC’s workforce. Prior to joining the enforcement section, she served as an honors attorney, detailed in 7, 12-week rotational placements within the FDIC Legal Division Section, including the Dallas and Chicago offices.

Before joining the FDIC, Jo served as a federal judicial law clerk for the Honorable Joel H. Slomsky, U.S. District Court for the Eastern District of Pennsylvania during the 2016-2017 term.

Jo earned her bachelor’s degree from St. Joseph’s University. While earning her bachelor’s degree, she was an intern for the John Kluge Center for Research at the Library of Congress and an intern for Inese Vaidere, member of European Parliament (Latvia), European Parliament in Brussels, Belgium. Jo earned her law degree from New York Law School. While in law school, Jo was an intern for the U.S. Securities and Exchange Commission in Washington, D.C. and New York City and the Honorable Fernando J. Gaitan, Jr., U.S. District Court, Western District of Missouri.

Outside of her legal practice, Jo is very involved in civic, charitable, bar, and community organizations. Jo served as chair of the American Bar Association Young Lawyers Division (ABA YLD), the largest organization of young lawyers in the world, from August 2022 to August 2023. Jo is also a regular columnist for Law360, where she shares her insights on current Construction Law issues. 

Experience

News

Cozen O’Connor Attorneys Author ABA Banking On It: The Ten Most Common Claims Involving Banks

August 06, 2024

Cozen O’Connor is pleased to announce that Aaron Krauss, Brett Watson, and Josephine Bahn, members of the firm’s Commercial Litigation Department, have authored chapters of the American Bar Association’s latest book, Banking on It: The Ten Most Common Claims Involving Banks.

Discussing Voting Rights With the Next Generation

June 21, 2024

Josephine Bahn was a guest on the National Association of Women Lawyers (NAWL) podcast to discuss her role in the voting rights case Nairne v. Ardoin.

Josephine Bahn Reelected as Under 36 Representative to the American Bar Association House of Delegates

July 21, 2023

Josephine Bahn, an associate in the firm’s Construction Law Group, has been reelected by the D.C. Bar as their Under 36 representative to the American Bar Association House of Delegates.

Young Lawyers Hit by US Supreme Court Rejection of Debt Relief

July 10, 2023

Josephine Bahn was quoted in a Bloomberg article discussing the Supreme Court’s decision to reject President Joe Biden’s student loan forgiveness program. This decision disappointed many law students and early career attorneys who have taken out student loans to pay for their education.

Why Firm, Legal Dept. Leaders Should Pay Attention to Gen Z

July 06, 2023

Josephine Bahn was quoted in a Law360 article discussing how some firms have adjusted to evolving industry standards.

Alumni Spotlight with Josephine M. Bahn

July 06, 2023

Josephine Bahn was featured in an American Bar Association Litigation Section Alumni Spotlight.

Josephine Bahn Honored by Legal Aid DC with the Klepper Prize for Volunteer Excellence

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.

Gen Z Attorneys are Here. Is The Legal Industry Ready?

March 23, 2023

Josephine Bahn was quoted in a Law360 article discussing how Generation Z attorneys approach their careers and practices.

How Young Attorneys Are Shaking up Law Firm Culture

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.

First-Gen Lawyers and Career Transitions with ABA YLD Chair Jo Bahn

December 22, 2022

Josephine Bahn was a guest on the American Bar Association’s Tort Trial and Insurance Practice Section’s Insider TIPS Podcast.

Josephine Bahn Featured in Saint Joseph’s University’s Hawk Stories

December 19, 2022

Josephine Bahn was featured in her college alma mater’s alumni success stories, Hawk Stories.

Original Tweets Only: Retweeters Not Liable for Defamation

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.

Cozen O’Connor Attorneys Support Critical Voting Rights Cases

November 01, 2022

We celebrate National Pro Bono Week by sharing the high-impact work of Cozen O’Connor attorneys who have contributed to critical voting rights cases.

Josephine Bahn ’16 Leads ABA Young Lawyers Division

September 27, 2022

Josephine Bahn was featured in an article published by the New York Law School News.

Could Tuition Hikes Force More Law Grads Onto BigLaw Path?

September 23, 2022

Josephine Bahn was quoted in an article published by Law360, “Could Tuition Hikes Force More Law Grads Onto BigLaw Path?”

What Law School Should Teach, But Often Doesn’t

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.

Cozen O’Connor Attorneys Gary Gassman and Josephine Bahn Installed in ABA Chair Roles

August 05, 2022

Gary Gassman and Josephine Bahn, have been installed in ABA Chair Roles.

Josephine Bahn Named to the Daily Record’s Maryland Top 100 Women List

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.

Publications

Understanding 2 Types Of Construction Payment Clauses [Law360]

August 19, 2024

Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing pay-if-paid and pay-when-paid clauses in construction contracts.

Banking on It: The Ten Most Common Claims Involving Banks [American Bar Association]

August 06, 2024

Aaron Krauss, Brett Watson, and Josephine Bahn authored chapters of the American Bar Association’s latest book, Banking on It: The Ten Most Common Claims Involving Banks.

How 3D Printing And Prefab Are Changing Construction [Law360]

April 29, 2024

Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing 3D printing, which is becoming increasingly popular in construction projects.

Trends That Will Shape the Construction Industry in 2024 [Law360]

January 26, 2024

Jeffery Mullen and Josephine Bahn contributed an article to Law360 analyzing the recent forecast report released by the Associated General Contractors of America and Sage Construction and Real Estate.

Rebuilding The Construction Industry With AI [Law360]

October 26, 2023

Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing the numerous benefits and challenges the construction industry will face with AI implementation.

Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024 [Alert]

October 11, 2023

Stephen Seeger and Josephine Bahn outline changes to the minimum wage for federal contractor employees taking effect on January 1, 2024.

SCOTUS’ Busy Term in Government Contracts and Its Implications

August 03, 2023

Lawrence Prosen and Josephine Bahn contributed the article “SCOTUS’ Busy Term in Government Contracts and Its Implications” to the Legal Intelligencer’s Construction Law Supplement.

How Construction Industry Can Help Mitigate Wildfire Impact

July 25, 2023

Jeffery Mullen and Josephine Bahn contributed an article to Law360 discussing the ongoing challenges in the construction industry from the uptick in wildfires across North America.

Structuring and Laying the Foundation for an Effective Complex Construction Arbitration

June 23, 2023

Wendy Venoit, Ralf Rodriguez, and Josephine Bahn contributed an article to the Jus Connect June 2023 Construction Arbitration Report.

It’s (Not) About Time - Government May Move to Dismiss FCA Suit at Any Point During its Pendency [Alert]

June 20, 2023

The Supreme Court confirmed that the Government may intervene and move to dismiss a False Claims Act lawsuit at any time during the life of the case.

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie [Alert]

June 05, 2023

The Court has concluded that in order to bring and prove a FCA case, the government or relators must prove that the defendants knowingly committed (or intended to commit) fraud against the government.

Attorney Fees Award Encourages Voting Rights Litigants

February 27, 2023

Josephine Bahn contributed the article “Attorney Fees Award Encourages Voting Rights Litigants” to the American Bar Association Litigation Section’s website.

Individual Lawyers – Not Firms – Must Pay Discovery Sanctions

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.

Pay-If-Paid No Longer Enforceable in Virginia [Alert]

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.

Formal Ethics Opinion Outlines Client Language Access Duties

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.

New Virginia Law Prohibits Pay-If-Paid Clauses in Construction Contracts

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.

What Having a Seat at the Table Really Means

May 06, 2022

Josephine M. Bahn contributed the post “What Having a Seat at the Table Really Means” to Duly Noted, the D.C. Bar Blog.

Law Firms In “The Great Resignation,” How The Game Changed

March 07, 2022

Josephine M. Bahn was a guest on the American Bar Association’s Litigation Radio podcast episode, Law Firms In “The Great Resignation,” How The Game Changed.

Education

  • New York Law School, J.D., 2016
  • St. Joseph's University, B.A., 2013

Awards & Honors

Capital Pro Bono Honor Roll, 2023

The Daily Record, Maryland Top 100 List, 2022

The Daily Record, The VIP List Award, 2021

Washington Council of Lawyers, 2020 Government Pro Bono Award

American Bar Association Young Lawyers Division, On the Rise National Top 40 Under 40, 2020

The Daily Record, Leading Women Award, 2019

The Daily Record, Leadership in Law: Generation JD Award, 2018

American Bar Association Young Lawyers Division, Star of the Quarter, 2017

  • District of Columbia
  • Maryland
  • New York
  • Virginia
  • U.S. Supreme Court

Honorable Joel H. Slomsky, U.S. District Court – Eastern District of Pennsylvania

American Bar Association, Young Lawyers Division: Chair, 2022-23; Journal Board of Editors 2022-25 Section of Legal Education & Admissions to the Bar, Council: Member, 2021-25; Forum on Construction

American Bar Foundation, Fellow

Association of Junior Leagues International, Governance Committee (2020-22); Junior League of Washington, DC

District of Columbia Bar Association, Under 36 Representative to the American Bar Association House of Delegates, 2020-24; Committee on Continuing Legal Education, Member, 2020-22 

Maryland Court of Appeals’ Standing Committee on Pro Bono Legal Services, Member, 2021-2024 

Maryland State Bar Association, Board of Governors Member, 2021-2023

Montgomery County (MD) Commission on Veterans Affairs, Public Commissioner (2017-2023) 

Pro Bono Resource Center of Maryland, Board Member 

Washington Council of Lawyers

Law360 - Columnist