Overview

Erik L. Coccia litigates for and advises businesses and individuals in a variety of industries, including banking, wealth management, manufacturing, primary and downstream metals, legal cannabis cultivators/dispensers, apparel, equipment leasing, aviation support, green tech/engineering, commercial construction, third-party retirement benefits administrators, energy, and healthcare. Erik’s practice is diverse but primarily focuses on all aspects of commercial disputes and litigation, appellate advocacy, judgment enforcement, and alternative dispute resolution. Erik has frequently litigated or mediated shareholder and partnership disputes, including in the context of closely held corporations, familial partnerships, and real estate development ventures.  Erik also has significant experience representing financial institutions in commercial workout and litigation matters, including obtaining judgments, executing on collateral and other assets, and negotiating loan modifications and settlements.

In recent years, Erik has developed competence and experience in OSHA matters and has assisted and advised manufacturers and legal cannabis cultivators in OSHA compliance, inspections, investigations, interviews, and resulting litigation with the federal government.  Erik has also recently litigated cases involving ERISA, the administration of 401ks, and novel cybercrime issues. Erik has also devoted a material part of his practice to corporate bankruptcy, including the representation of corporate debtors, creditors, and trustees in Chapter 11, Chapter 7, and Chapter 13 cases. 

Erik has a practical approach to resolving his clients’ challenges and disputes that is firmly guided by a thorough understanding of the relevant law and close attention to each client’s unique goals, legal budget, and risk tolerance. Erik is detail oriented and valued by clients and colleagues alike for his analytical abilities, creative ideas, and writing skills. Erik’s writing has been published on many occasions, including in the Rutgers Law Journal, The Legal Intelligencer, and The Review of Banking and Financial Services. While attending Rutgers Law School in Camden, New Jersey, Erik was an Executive Editor of the Rutgers Law Journal, a Dean’s Scholar, and received his law degree magna cum laude.

Erik has a passion for animals and has devoted his pro-bono time to legal matters arising from the rescue of abused and abandoned animals in the Commonwealth of Pennsylvania. When not representing clients, Erik enjoys spending time with his family, pets, and friends, as well as playing guitar and engaging in various DIY and woodworking projects around his home.

Representative Experience

  • Representation of entities and individuals in the prosecution, defense, mediation, and successful resolution of shareholder oppression, fraud, breach of fiduciary duty, misappropriation, and other business divorce claims.
  • Defend primary metals manufacturer and processor in defense of federal trade/custom claims and related judicial in rem civil forfeiture proceedings.
  • Defend primary metals manufacturer and processor in OSHA investigations, interviews, and related litigation.
  • Assist growing legal cannabis cultivator and dispenser with various OSHA, USDA, and FDA compliance issues.
  • Representation of financial institutions and other commercial lenders with respect to a commercial loan. collection and lender liability claims, including confession of judgment and judgment enforcement proceedings.
  • Representation of wealth management and retail brokers in litigation and judgment enforcement proceedings against former financial advisors.
  • Representation of third-party 401k plan administrators in ERISA litigation involving novel cyber-crime issues.
  • Represent equipment leasing companies in the enforcement of commercial leases in various state and federal courts.
  • Representation of physicians and medical/surgical practice in prosecution and defense of business divorce claims.
  • Representation of commercial contractors and green tech companies with respect to breach of contract and delay claims.
  • Representation of label and packing manufacturer in restructuring and sale of business.
  • Representation of debtors in Chapter 7 and Chapter 11 bankruptcy proceedings.
  • Representation of financial institutions and credit unions in their capacity as secured or unsecured creditors in consumer Chapter 7 and Chapter 13 bankruptcy proceedings.
  • Representation of family members and familial businesses in litigation and mediation arising from significant familial businesses and property holdings.

Publications

  • “Upset Bids in Section 363 Sales,” The Review of Banking and Financial Services
  • “Issuing Final Judgment in Fraudulent Transfer Actions,” The Legal Intelligencer
  • “Claims Bound by Section 524(g) Channeling Injunction,” The Legal Intelligencer
  • “Administrative Priority for Post-Petition, Pre-Rejection Lease Indemnification Obligations,” The Legal Intelligencer
  • “Willful Stay Violations Not Always Compensable,” The Legal Intelligencer
  • Comment on state constitutional law published in the Rutgers Law Journal

Representative Experience

  • Representation of entities and individuals in the prosecution, defense, mediation, and successful resolution of shareholder oppression, fraud, breach of fiduciary duty, misappropriation, and other business divorce claims.
  • Defend primary metals manufacturer and processor in defense of federal trade/custom claims and related judicial in rem civil forfeiture proceedings.
  • Defend primary metals manufacturer and processor in OSHA investigations, interviews, and related litigation.
  • Assist growing legal cannabis cultivator and dispenser with various OSHA, USDA, and FDA compliance issues.
  • Representation of financial institutions and other commercial lenders with respect to a commercial loan. collection and lender liability claims, including confession of judgment and judgment enforcement proceedings.
  • Representation of wealth management and retail brokers in litigation and judgment enforcement proceedings against former financial advisors.
  • Representation of third-party 401k plan administrators in ERISA litigation involving novel cyber-crime issues.
  • Represent equipment leasing companies in the enforcement of commercial leases in various state and federal courts.
  • Representation of physicians and medical/surgical practice in prosecution and defense of business divorce claims.
  • Representation of commercial contractors and green tech companies with respect to breach of contract and delay claims.
  • Representation of label and packing manufacturer in restructuring and sale of business.
  • Representation of debtors in Chapter 7 and Chapter 11 bankruptcy proceedings.
  • Representation of financial institutions and credit unions in their capacity as secured or unsecured creditors in consumer Chapter 7 and Chapter 13 bankruptcy proceedings.
  • Representation of family members and familial businesses in litigation and mediation arising from significant familial businesses and property holdings.