Jay Rothman serves as the general counsel for Marshall Dennehey Warner Coleman & Goggin. Jay brings a unique understanding of business issues to his duties as general counsel as well as to his law practice, where he concentrates largely on commercial litigation matters in the defense of virtually all non-medical professionals. Jay's clients include accountants, appraisers, abstractors, consultants, mortgage brokers, real estate professionals, and lawyers. Jay also defends director and officer claims, FDCPA/FCRA claims, class actions, defamation/disparagement, and RICO actions.
Jay is a frequent lecturer in the fields of professional liability and risk management. As well, he is actively involved in designing and implementing internal risk management protocols for client implementation.
Jay has practiced at Marshall Dennehey since he began his legal career in 1987. He was elected as a shareholder in 1994, served as the vice chair of the firm's Transactional Litigation Practice Group within the Professional Liability Department, and in 2009 was appointed as general counsel.
In 1984 Jay graduated from the University of Michigan where he received his Bachelor of Arts degree. Hhe is a 1987 graduate of Washington College of Law at American University where he earned his juris doctor degree. While in law school, Jay served as a legal intern at the Securities and Exchange Commission's Enforcement Division.
Published Works
· "Professionals Beware: Further Relaxation of the Privity Requirement Under Pennsylvania Law," Defense Digest, July 2000
· "Law Safeguards Parties Against Bad Inspections," Lawyers Journal and the Philadelphia Legal Intelligencer, Real Estate Quarterly, March 9, 2001
· "Reliance on Home Inspection May Eliminate Liability of Seller," Defense Digest, April, 2001
· "The Professional Liability Practice Group at Marshall, Dennehey, Warner, Coleman & Goggin," On The Pulse, Defense Digest, January 2002
· "The Pariah Cometh - Take a Look at Your Accountant," PLUS Journal, April 2002
· "Pantuso Motors v. CoreStates Bank: Lenders Beware," Defense Digest, October 2002
· "Third Party Subpoena of Accountants - Your Right to Your Work Papers," The Asset Column, Practical Protection Tips for Accountants, Vol. 6, No. 3
· "Litigation Without Damages: A New Twist To The Damage Element of Tort Actions"
· "The Y2K Act: Defining the Coverage Battleground"
· "Tort v. Contract Claims in the Defense of Professionals - What's In a Name The Pennsylvania Superior Court Affirms Application of the Contributory Negligence Doctrine," Defense Digest, Vol. 10, No. 1, March 2004
· "Envisioning Real Estate Practice Without Boundaries," Real Estate: A Supplement to the Legal Intelligencer and Pennsylvania Law Weekly, July 2004
· "Engagement Creep," Pennsylvania CPA Journal, Volume 75, No. 3, Fall 2004
· "Consider Protective Clauses," Pennsylvania CPA Journal, Volume 76, No. 1, Spring 2005
· "Subpoenaed? Call Your Attorney," Pennsylvania CPA Journal, Volume 76, No. 3, Fall 2005
· "Client Referrals Are Not Without Risk," Pennsylvania CPA Journal, Volume 77, No. 1, Spring 2006
· "Liability Survival Is In The Limits," Pennsylvania CPA Journal, Volume 77, No. 4, Winter 2006
Classes/Seminars Taught
· Risk Management Techniques for Accountants, PICPA Annual Accounting and Auditing Conference, December, 1998
· Discharging Your Ethical Obligations to Communicate With Your Client, Pennsylvania Continuing Legal Education, January 26, 1999
· Risk Management Techniques for Realtors, National Association of Realtors Annual Conference, Spring, 2000
· The Legal Malpractice Explosion - Risk Management Techniques, Delaware County Bar Association Sponsored by The Young Lawyers Division, May 11, 2001
· Malpractice Avoidance for Lawyers, Pennsylvania Bar Association, April 16, 2002
· Risk Management Techniques and Ethical Obligations In Litigating Eminent Domain Proceedings, National Conference of Eminent Domain, November 21, 2002
· Private Securities Litigation Reform Act - New Developments
· In-House Seminars for Various Insurance Companies - Risk Associated with Claims in the Real Estate Profession
· In-House Seminars for Various Accounting Firms - Risk Management Techniques
· In-House Seminars for Various Insurance Companies - Developing Case Law in The Legal Malpractice Arena
· Analyzing the Corporate Structure and Its Implications With Respect to Liability and Damages, Insurance Society of Philadelphia, June 2008
· Understanding the Subprime Credit and Housing Crisis, Insurance Society of Philadelphia, June 2008
Associations & Memberships
· Pennsylvania Bar Association, Civil Litigation Section, Professional Liability Sub-Committee
· Philadelphia Bar Association
· Professional Liability Underwriters Society (PLUS)
Honors & Awards
· AV® Preeminent™ by LexisNexis Martindale-Hubbell
· Pennsylvania Super Lawyer, 2011-2012
Year Joined Organization: 1987
Publications
On the Pulse...A Profile of the Real Estate E&O Liability Practice Group
Defense Digest Article · March 1, 2013
By Jay S. Rothman, Esq.* Whether the transaction involves the purchase or sale of a private residence, the subdivision and construction of a residential community, the granting of mineral rights, the acquisition of a commercial shopping center or..., Defense Digest, Vol. 19, No. 1, March 2013