Erik L. Coccia

Erik L. Coccia litigates for and advises businesses and individuals in a variety of industries, including banking, wealth management, manufacturing, apparel, equipment leasing, green tech/engineering, commercial construction, third-party retirement benefits administrators, electricity generation 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.  In particular, Erik has litigated or mediated several shareholder disputes, including in the context of closely held corporations, familial partnerships and trusts.

Erik has also devoted a material part of his practice to corporate bankruptcy, including the representation of debtors, creditors and trustees in both Chapter 11 and Chapter 7 cases.  In more recent years, Erik has developed competence and experience in OSHA matters and has represented manufacturers and equipment companies in OSHA inspections, investigations, interviews and resulting litigation with the federal government.  

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

Erik also has a passion for animals and has devoted his pro-bono time to legal matters arising from the rescue and adoption of abused and abandoned animals in the Commonwealth of Pennsylvania.  

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 and mediation of shareholder oppression, fraud, breach of fiduciary duty, misappropriation and other business divorce claims
• Representation of family members and familial businesses in litigation and mediation arising from significant familial businesses and property holdings
• Defend primary metals distributor in defense of federal trade/custom claims and related judicial in rem civil forfeiture proceedings
• Defend primary metals manufacturer in OSHA investigations, interviews and related litigation
• Representation of financial institutions and other commercial lenders with respect to 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
• Representation of equipment leasing company 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 various municipalities and qui tam plaintiffs in ligation against dozens of large telecommunications companies to remedy their failure to properly charge, collect and remit certain fees imposed by state statutes for purposes of funding 911 emergency services
• 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

• 06/13/2017Pa. County Can Pursue 911 Undercharge Suit Against Telcos

• 06/24/20Dilworth Represents MandMarblestone in Lawsuit Over $400,000 401(k) Cyber Theft