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Trevor J. Cooney

Trevor helps companies successfully navigate the arena of complex business litigation, including intellectual property and technology-related disputes, claims under the Uniform Commercial Code, consumer protection and unfair business practices actions, consumer class actions, and real estate matters. As head of Archer’s Insurance Practice Group, Trevor regularly counsels and represents policyholders pursuing insurance coverage under a broad array of first-party and third-party policies, including Commercial General Liability (CGL), Errors and Omissions (E&O), Directors and Officers Liability (D&O), Business Owner’s, Commercial Property, Inland Marine, Homeowners, Life Insurance and Disability policies. Knowing that litigation success is often determined well before a lawsuit is filed, Trevor regularly advises companies regarding potential business risks in order to minimize or avoid significant litigation exposure in the future. Trevor’s knowledge of, and experience in, the insurance industry dovetails with his ability to assist companies in developing an overall risk management strategy.

Representative Experience

  • Regularly serves as lead counsel for a leading provider of consumer, business-to-business, and industrial digital imaging solutions. Has successfully obtained pre-answer dismissals, summary judgment and a “no cause” jury verdict in numerous U.C.C. breach of warranty and consumer fraud actions.
  • As lead counsel representing a private real estate development firm and an Atlantic City hotel, obtained summary judgment dismissing art dealer’s claims of breach of contract and breach of covenant of good faith and fair dealing.
  • As coverage counsel for a multinational information technology service and consulting company, negotiated favorable settlements in multiple coverage disputes with professional liability carriers regarding defense and indemnity obligations for underlying professional negligence claims.
  • As coverage counsel for a leading supplier of metal packaging products, negotiated a favorable settlement with CGL insurers in a declaratory judgment action arising out of claims to remediate latent, progressive, long-tail environmental property damage occurring at a former dump site. Settlement followed a successful motion on critical choice of law issues.
  • As lead counsel, represented reseller of secondary market products in connection with an investigation by the U.S. Consumer Product Safety Commission pursuant to the Consumer Product Safety Act.
  • As co-counsel representing a residential builder, successfully defeated class certification motion asserted by homeowners of a retirement community alleging defective construction and consumer fraud claims. As co-counsel representing a commercial landlord, obtained a favorable settlement in a personal injury/toxic tort action alleging exposure to chemicals utilized in tenant’s business operations.
  • As lead counsel, obtained a favorable settlement in a franchisee/lease dispute on behalf of a corporation owning and operating convenience stores and gas stations throughout the Northeast.
  • As lead counsel representing a manufacturer and supplier of performance coatings and sealant systems, obtained insurance coverage from a commercial general liability for underlying claims of property damage.
  • As lead counsel representing a manufacturer of cast stone, obtained coverage from a commercial general liability insurance carrier for underlying claims of property damage.
  • As co-counsel representing a commercial and residential developer, obtained coverage under the Employee Dishonesty Coverage Form of a Commercial Crime Coverage Policy for monetary losses sustained as a direct result of a bid-inflation scheme.
  • As lead counsel representing a commercial and residential well driller, obtained a favorable settlement (and subsequently insurance coverage) in a property damage and consumer fraud action filed by homeowner.
  • As lead counsel representing an international manufacturer/developer of chemical products, obtained a favorable settlement in a defamation and tortious interference action brought by a former employee of a vendor/contractor.

Professional and Community Involvement

  • American Bar Association (Sections: Commercial and Business Litigation, Consumer Rights Litigation, Insurance Coverage Litigation, Intellectual Property Litigation)
  • New Jersey State Bar Association (Insurance Law Section; Construction Law Section)
  • Camden County Bar Association
  • Member/Past-President, South Jersey Young Professionals Association
  • Board of Advisors, Villanova Law Alumni Association
  • Coach/Advisory Board Member, Cherry Hill National Athletic League

Awards and Recognition

  • Named to the “40 Under 40” list by SNJ Business People (2015)
  • Named to the New Jersey Super Lawyers list as a “Rising Star” for Business Litigation (2014, 2015)

Articles and Presentations

  • Are You Covered? Insurance for Intellectual Property Claims?, Archer Client Advisory, (October 2010) 
  • The Absolute Pollution Exclusion: Limited to Traditional Environmental Catastrophic Events, New Jersey Law Journal (March 2010)
  • Featured contributor to the Library of New Jersey Civil Complaint Forms, New Jersey Law Journal Books (October 2009)
  • Coverage Clarification Needed for “Intentional Wrongs” Exception, New Jersey Law Journal (November 2005)
  • Policyholders May Be On The Hook For Insolvent Insurer: Court Finds Insured Personally Responsible For A Judgment In Excess Of New Jersey’s Guaranty Association Cap, New Jersey Law Journal (May 2005)
  • Nav-Its Follows Morton’s Legacy: Insurance Industry Held Accountable For Presentations To Regulatory Authorities; Absolute Pollution Exclusion Thus Limited To Traditional Environmental Claims, ABA Coverage Journal (July/August 2005)

 

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