James A. Kosch | McCarter & English, LLP

James Kosch is a veteran litigator with extensive experience representing clients in complex commercial disputes, often involving corporate governance, real estate, construction and environmental issues.

Jim regularly serves as an outside general counsel to several of his most longstanding clients, providing a full range of services to small and medium-sized private companies. In this role, Jim works with a multi-disciplinary team to help clients navigate a variety of issues, including company formation and governance, the drafting of contracts, risk analysis, employee incentive plans, cyber security, employment, tax, insurance, and trade secrets matters.

In his litigation practice, Jim represents clients in a variety of disputes, including complex environmental, toxic tort, product liability, business tort, construction, estate, and commercial matters. His clients include chemical and energy companies, manufacturers, owners and developers of industrial and commercial real estate, defense contractors, trade associations, financial services entities, and communications companies. Jim also frequently represents minor league baseball and hockey teams in a variety of matters, including stadium construction, the sale and leasing of facilities, player contracts, and licensing.

Jim has written and spoken on environmental and toxic tort issues, e-discovery and regulatory reform, including authoring monthly articles for Corporate Compliance Insights and a monograph on the use of toxicological evidence in New Jersey courts. He also collaborated on the book FDA Regulation of Nanotechnology and presented a three-part series on green development to the New Jersey State Bar Association.

Jim is a Member of the Board of Directors of the Commerce and Industry Association of New Jersey and Chairs the Associations’ political action committee, Commerce NJ. In 2019 he received CIANJ’s Outstanding Leadership Award. Jim is on the Executive Committee of the New Jersey chapter of Business Forums International. He is a Past Chair of the Toxic Torts and Environmental Law Committee of the ABA TIPS Section (2006‒2007) and was a Director of the NJSBA Environmental Law Committee. Jim serves on the boards of several not for profit groups and is an active alumnus of Manhattan College. Most of all, he dearly misses being the Baseball Commissioner of the Allendale Recreation Commission.

Defended a solar energy installer against claims from the EPC at seven solar installation sites in three states.

Leads a team defending a major New Jersey hospital against a $400 million claim regarding a failed hotel development project.

Successfully resolved claims of structural defects against the developer of a 40-unit Jersey City condominium.

Represented the owner/operator of a botanical garden in dealings with the architect and general contractor for a major facility renovation.

Represented a manufacturer in contract negotiations with the architect, contractors, and suppliers for a state of the art clean room.

Represented a General Contractor in negotiating GMP, Cost-Plus, and other types of contracts for projects including senior housing, pre-schools, manufacturing facilities, luxury condominiums, and other types of new or renovation contribution.

Serve as counsel to a $150 million, 400,000-square-foot mixed use project in the heart of downtown Newark on behalf of a nationwide real estate financing and development group. The scope of the engagement involves numerous lien claims, a favorably resolved breach of contract litigation with a general contractor, and on ongoing action against a fabricator for breach of warranty and an engineer for malpractice.

Defended a start-up corporation in litigation by a disgruntled former shareholder in Texas.

Represents minor league baseball and hockey teams in a variety of matters.

Prosecuted the only successful claim for treble damages under the New Jersey Spill Compensation and Control Act (Dexter v. Cosan Chemical Co., Inc. et al).

Led a team of lawyers that defeated a class certification action seeking medical monitoring of over 50,000 people allegedly exposed to contaminated drinking water.

Counsel to a trade association on port security issues.

Counsel of record for plaintiffs in a suit resolving the estate issues of a 9/11 victim (In Re Estate of Harvey).

Counsel to a major energy company on litigation avoidance and environmental compliance related to operations in the Southeastern U.S.

Lead trial counsel for United Water Resources, Inc. in defense of an environmental mass tort claim in Toms River, New Jersey (In Re Toms River Mass Tort Action).

Represented a manufacturer in a successful challenge of regulatory action (Hercules Chemical Company, Inc. v. MassDEP).

Defended a solar energy cable installer against the EPC’s claims at seven solar installation sites.

Negotiated favorable settlement on behalf of the owner of a property located in Manhattan's Financial District that lifted mechanics liens and resolved four separate actions filed in New York State courts arising from disputes with contractors involved in a development project on the property.

Represented manufacturers and chemical companies in Lower Passaic River NRD actions.

Represented a member in dissolution of a multimillion-dollar LLC.

Counsel to a trade association in a challenge to California Energy Commission regulatory adoptions.

Successfully represented investment company and its principal in resolving breach of contract and fraud related causes of action against a former business partner and affiliated limited liability company over defendants’ failure to live up to contractual agreements requiring the reimbursement of management fees of an entity which operates as the largest microfinance business in India.

Browse Alphabetically:

Representative Matters

Highlights

Recognitions