Fred Warren Jacoby

Vice Chairman

Philadelphia

(215) 665-2154

(215) 219-4585

(215) 701-2154

Recent Publication:

The Delaney Decision – The NJ Advisory Committee’s Redux [Lawyers Representing Lawyers Blog]

The Supreme Court of New Jersey recently issued its ruling and opinion in the closely watched case of Delaney v. Trent S. Dickey and Sills Cummins & Gross, P.C. (Dec. 21, 2020)(“Sills”), relating to enforcement of a mandatory arbitration agreement in the Sills engagement letter. The Court...

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 the present. His peers consistently recognize Fred as a "Best Lawyer" and "Super Lawyer" in his respective practice areas. 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 2022 and a "Super Lawyer" from 2004 to 2021.

Fred's distinguished career as a litigator and overarching range and experience as a trusted advisor and consultant lend unique gravity to his position as an American Arbitration Association panelist whom attorneys, law firms, and general counsel alike turn to for measured guidance. Fred also serves as a Commerce Judge Pro Tempore in the Commerce Court Program of the Court of Common Pleas for Philadelphia County. He is an active member in numerous professional associations, including the American, Pennsylvania, New York, 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

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

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.

F. Warren Jacoby Appointed Co-Chair of the PBA’s Gaming Law Committee

June 30, 2021

F. Warren Jacoby, a member of the firm’s Commercial Litigation Department, has been appointed as the co-chair of the Gaming Law Committee for the Pennsylvania Bar Association.

47 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 28, 2021

Super Lawyers has selected 47 Cozen O'Connor attorneys to the 2021 Pennsylvania Super Lawyers and Rising Stars lists.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

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.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

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).

Fifty-Eight Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 05, 2020

Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

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.

138 Cozen O’Connor Attorneys Named to the 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.

64 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 21, 2019

Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

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.

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.

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.

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

The Delaney Decision – The NJ Advisory Committee’s Redux [Lawyers Representing Lawyers Blog]

March 24, 2022

The Supreme Court of New Jersey recently issued its ruling and opinion in the closely watched case of Delaney v. Trent S. Dickey and Sills Cummins & Gross, P.C. (Dec. 21, 2020)(“Sills”), relating to enforcement of a mandatory arbitration agreement in the Sills engagement letter. The Court...

Force Majeure: Allocating the Risk of the Unforeseeable in the Aftermath of COVID-19

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.

Please Remain in Your Seats – The Sky is Not Falling! [Lawyers Representing Lawyers Blog]

April 22, 2021

On December 21, 2020, the Supreme Court of New Jersey issued its ruling and opinion in the case of Delaney v. Trent S. Dickey and Sills Cummins & Gross, P.C., (“Sills”), a law firm located in New Jersey. Initially, when Brian Delaney, a client of Sills, refused to pay outstanding fees...

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.

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- 2022

Best Lawyers in America, Lawyer of the Year for Construction 2016

Super Lawyer by Law & Politics 2004-2021

Chambers & Partners USA 2014-2021

"AV Preeminent," 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 Arbitration Assocation, Panel of Arbitrators
  • American Bar Association
  • American Trial Lawyers Association
  • New York City Bar Association
  • Pennsylvania Bar Association
  • Pennsylvania Bar Association, ADR Committee
  • Philadelphia Bar Association
  • Pennsylvania Bar Association, Co-Chair of the Gaming Law Committee
  • Pennsylvania Bar Association, Member of the Collaborative Law Committee