Alan K. Cotler

Partner

Education

  • Georgetown University Law Center, 1977, J.D., Member of the Journal of Law and Policy in International Business
  • University of Pennsylvania, Wharton Graduate School, 1974, MBA, Health Care Administration
  • University of Pennsylvania, 1972, B.S., Economics, Played varsity basketball on the Ivy-League champion and nationally ranked Penn teams of 1968 to 1972

Professional Admissions / Qualifications

  • Pennsylvania
  • Virginia
  • District of Columbia
Won a defense verdict for a national waste management company when after a three week trial a jury rejected a $3 million breach of contract claim by the waste management company's joint venturer in the development of Pennsylvania's largest solid waste landfill
Defended a client in a breach of contract/fraud jury trial involving two intermodal transportation companies, in which the jury, after a three week trial, awarded only $220,000 of an $8 million claim against our client for lost commissions.
Defeated a $30 million breach of contract claim when joint venturers sued our waste management client, and obtained summary judgment in a multi-million dollar insurance/employment contract case after three years of litigation and 60 days of depositions.
Successfully managed, litigated, and settled employment wage and hour class actions and individual actions under the Fair Labor Standards Act in several jurisdictions in various state and federal courts.
In a multi-million dollar environmental administrative proceeding, Alan persuaded the Ohio Environmental Review Board that our client, a waste management company, did not violate complex state regulations in applying for and building its hazardous waste landfill.  Alan managed a nine lawyer team to defeat a city in Ohio's ten year effort to close down the site.
In a complex week long non-jury trial, on behalf of a national bank, Alan won a very favorable settlement before post trial motions.
Defended against a $7 million damage claim brought by the owner of an historic landmark banquet hall which argued that our client, a waste management company, was responsible for a fire that destroyed the site and business.  After plaintiff presented its case in chief for a week to the jury, as a result of cross-examination, the case settled for only $140,000.
Alan won a major arbitration in a health care non-compete/failure to pay earn-outs case.  The plaintiff sought $3 million in earn-outs from the sale of his medical clinics, and he sought to invalidate his seven-year 50-mile non-compete agreement.  After two years of litigation and a two-week arbitration, plaintiff lost on his earn-out claim, the non-compete was upheld as written and Alan's client was awarded in excess of $700,000 on its counterclaims.
Won summary judgment in federal court in an insurance coverage action that resulted in a multi-million dollar judgment for client.  In a highly contentious litigation spanning five years, Alan forced one of the country's largest insurers to defend his client in a $30 million commercial tort claim and pay a settlement to avoid a claim of "bad faith."  All told the insurer had to pay about $17 million.  Our client made an almost $2 million "profit" from being sued.  The insurer settled the underlying $30 million claim against our client for under the policy limits.
Won a landmark Third Circuit decision upholding the dismissal of a complaint against a life insurer based on misrepresentations involving smoking.
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