Kevin J. Kotch, Esq CIPP/US
Mr. Kotch provides thoughtful representation to assist clients achieve practical, real world results. He has represented clients in high stakes matters, whether the exposure was monetary, reputational or substantial prison time, from a simple breach of contract claim to a multi-million dollar fraud claim to a federal grand jury investigation into allegations of price fixing in the Americas and Europe. He has handled all stages of litigation in state and federal courts, from the initial investigation through trial and appeal.
Mr. Kotch represents clients in business matters, including transactions, business formation, commercial litigation and corporate compliance and regulatory matters. Mr. Kotch’s practice includes the representation of individual and corporate policyholders in insurance coverage matters, the defense of government investigations and white collar criminal matters, condominium law and restraining order proceedings. Mr. Kotch has been designated by the International Association of Privacy Professionals as a Certified Information Privacy Professional/United States with an expertise in information security and privacy.
With more than 20 years’ experience handling a wide variety of matters, Mr. Kotch helps clients analyze complex matters to identify the key legal and factual issues, develop the best strategy considering costs and likely outcomes and provides advice on future risk minimization, including changes to the clients’ policies and procedures. Mr. Kotch also assists clients in structuring their business transactions to minimize the impact of potential disputes.
Areas of Practice include:
- Representation of businesses – formation, transactions and disputes
- Commercial litigation
- Corporate compliance and regulatory matters
- Government investigations and white collar criminal defense
- Insurance coverage and litigation
- Information security and privacy
- Condominium law
- Restraining order proceedings
Mr. Kotch received his B.S. Physics magna cum laude from Bloomsburg University of Pennsylvania. He received his J.D. cum laude from the Temple University School of Law, where he served as an Associate Research Editor of the Law Review and an Associate Notes and Comments Editor for the International and Comparative Law Journal.
Mr. Kotch currently serves on the Burlington, Camden & Gloucester Counties Regional Advisory Board for the Big Brothers Big Sisters Independence Region.
- New Jersey
- United States District Court, District of New Jersey
- United States District Court, Eastern District of Pennsylvania
- United States District Court, Middle District of Pennsylvania
- United States Court of Appeals for the Third Circuit
- Represented a New Jersey state agency in a successful mediation of a multi-million dollar claim regarding waiver of maximum interest rate caps on the client’s auction rate securities bonds during the 2008 market downturn.
- Argued the Appellate Division case establishing the broad right of New Jersey condominium owners to Alternative Dispute Resolution in disputes with condominium associations.
- Mitigated potential substantial exposure for a United States subsidiary of a multi-national corporation in an investigation by the Department of Treasury, Office of Foreign Assets Control relating to transactions with Iranian ships in South America.
- Defended an online content provider in an injunction action enabling the client to proceed with live internet streaming from the Aspen Music Festival.
- Co-chaired a child custody trial involving issues of first impression regarding the rights of third parties entrusted with raising a child versus the rights of a natural great-grandparent.
- Obtained a multi-million dollar arbitration award for a sole proprietor in a destruction of business claim resulting from a delay in moving his text based online music industry community to the graphics based World Wide Web.
- Obtained insurance coverage for claims brought by a bankruptcy trustee and creditors’ committee against outside directors of a failed technology corporation.
- Negotiating Indemnification, Reps, Warranties and More in Business Contracts (National Business Institute Seminar, 2017)
- Everything You Don’t Know About E-Discovery (But Wish You Did) (National Business Institute E-Discovery Seminar, 2013)
- The Insured Is Under Investigation: What Should I Know? (American Bar Association, Section of Litigation, Insurance Coverage CLE Seminar, 2009)
- The Lessons of the Congoleum Bankruptcy: Pre-packaged Bankruptcies and the Use of Insurance Assets to Deal with Mass Tort Claims (American Bar Association, Section of Litigation, Insurance Coverage CLE Seminar, 2008)
- Insurance Coverage for Liability from the Loss or Theft of Sensitive Customer Data (American Bar Association, Section of Litigation, Insurance Coverage CLE Seminar, 2007)
Contributing Author, “Information Security and Privacy: A Practical Guide for Global Executives, Lawyers and Technologists ,” American Bar Association, Section of Science & Technology Law (2011) (contributed sections on U.S. federal and state criminal and tort law)