Candidus K. Dougherty

Phone: (215) 299-4296 Fax: (215) 299-4301 Email: cdougherty@swartzcampbell.com

Martindale Hubbell
Avvo

CANDIDUS K. DOUGHERTY is a partner in the firm’s professional liability group and focuses her practice on lawyer malpractice, partnership dispute and class action defense. Ms. Dougherty mentors law students who participate in the firm’s law clerk program that she founded. Ms. Dougherty also served as the firm’s Director of Information Technology from 2009 through 2016.

Prior to joining Swartz Campbell, Ms. Dougherty clerked for the Honorable Stephen Skillman (retired) of the Superior Court of New Jersey, Appellate Division and was an adjunct professor of law at Rutgers School of Law – Camden. Before attending law school, Ms. Dougherty worked as a software programmer for digital communications solutions providers. She wrote web-based software for Internet service providers, government agencies, schools, and major media outlets.

Ms. Dougherty obtained her B.S. in Information Technology, with honors, from the University of Phoenix where she received the Women in Technology Scholarship in 2002 and 2003. She earned her J.D., with high honors, from Rutgers School of Law – Camden. While in law school, Ms. Dougherty was a Dean’s Scholar, Marshall-Brennan fellow, an editor for the Journal of Law and Religion, a research/teaching assistant and a member of the trial and international law moot court teams. Ms. Dougherty received a Certificate of Merit in Property Law and the Chief Justice Richard J. Hughes Award (highest achievement in New Jersey practice & procedure) for her work in the Civil Practice Clinic.

Areas of Practice

Class Action
E-Discovery
Legal Malpractice
Partnership Dispute/Business Divorce
Professional Liability

Bar Admissions

2008 Pennsylvania
2007 New Jersey
2021 District of Columbia

Education

2007 Rutgers School of Law - Camden Camden, NJ J.D., with high honors
2003 University of Phoenix Phoenix, AZ B.S., Information Technology, with honors

Court Admissions

U.S. District Court District of New Jersey
U.S. District Court Eastern District of Pennsylvania
U.S. District Court Middle District of Pennsylvania
U.S. District Court Western District of Pennsylvania
U.S. Court of Federal Claims
Court of Appeals for the Federal Circuit
Court of Appeals for the Third Circuit
Supreme Court of the United States

Presentations

Avoiding Legal Malpractice : Setting Client Expectations, Annual Personal Injury Practicum (DRI) (Nov. 2016)
Designing an e-Discovery Plan, In-House CLE (2014)
Age and Ignorance Are No Excuse: Ethical Concerns of Technology Incompetence (with Jeff McCarron) PDI (2013)
Ethical Obligations to the Firm, In-House CLE (2013)
Panelist & Presenter, Digital Entrepreneurship: The Incentives and Legal Risks, Representing the Digital Entrepreneur, West Virginia University College of Law (March 2009)
Panelist, Working as a Judiciary Law Clerk, Rutgers School of Law - Newark (April 2008)
Outlining and Exam-taking Tips, Rutgers School of Law - Camden (Summer2007)

Representative Matters

Jarzyna v. Home Properties, L.P., et al, Eastern District of Pennsylvania (lead counsel) - won summary judgment in a putative class action where plaintiff and the class alleged actual damages arising from violations of consumer Protection and landlord-tenant statutes.
National counsel for regional mortgage foreclosure law firm in numerous FDCPA class action claims in Pennsylvania, New York and Virginia.
Successfully resolved a claim for breach of fiduciary duty against the firm's client in favor of the firm's client for terms that included a public apology by the plaintiffs and their counsel to the firm's client (filed on the court docket) and payment to the firm's client equal to the costs to defend the claim.

Articles & Essays

Necessity Hath No Law: Executive Power and the Posse Comitatus Act, 28 Campbell L. Rev. 1 (2008)
While the Government Fiddled Around, the Big Easy Drowned: How the Posse Comitatus Act Became the Government's Alibi for the Hurricane Katrina Disaster, 29 N. Ill. U. L. Rev.117 (2008)
Virtual Trademarks (with Greg Lastowka), 24 Santa Clara Comp. & High Tech. L.J. 749 (2008)
Heffron v. International Society for Krishna Consciousness; Rights of Students; and Textualism, Encyclopedia of the United States Supreme Court (Macmillan 2008)
Does Age Really Matter? 4 Rutgers J.L. & Religion New. Dev. 1 (Winter2008)
Some Business and Legal Considerations for the Virtual World Entrepreneur (March 2009)

Professional Journals

E-Commerce Law Report: Harris, et al v. Blockbuster, Inc., E-Commerce Law Reports, Vol. 9, Issue 1 (Jun. 2009)
E-Commerce Law Report: Live Face on Web, LLC v. Howard Stern Productions, Inc., et al, E-Commerce Law Reports, Vol. 8, Issue 7 (May 2009)
E-Commerce Law Report: Viacom International, Inc., et al v. YouTube, Inc., et al, E-Commerce Law Reports, Vol. 9, Issue 1 (Mar.2009)
Webcaster Settlement Act, E-Commerce Law & Policy, Vol. 10, Issue 12 (Dec.2008)
E-Commerce Law Report: United States of America v. Kevin Cogill, E-Commerce Law Reports, Vol. 8, Issue 4 (Oct. 2008)
Pre-release Piracy: New Uses of FECA, E-Commerce Law & Policy, Vol. 10, Issue 9 (Sept. 2008)
E-Commerce Law Report: MDY Industries, LLC v. Blizzard Entertainment, Inc., E-Commerce Law Reports, Vol. 8, Issue 2(Aug. 2008)
Usenet.com Lawsuit: Assessing Liability E-Commerce Law & Policy, Vol. 10, Issue 3 (Mar. 2008)
2008 Predictions (with other regular contributors) E-Commerce Law & Policy, Vol. 9, Issue 12 (Dec. 2007)
Virtual Gambling: Betting on "In-world" Events, World Online Gambling Law Report, Vol. 6, Issue 11 (Nov.2007)(reprinted in E-Commerce Law & Policy)
Bragg v. Linden: Virtual Property Rights Litigation, E-Commerce Law & Policy, Vol. 9, Issue 7(Jul. 2007)
(reprinted in E-Finance & Payments Law & Policy)

Testimonials

"Candy is truly exceptional. She is uncommonly strategic, focused, diligent, intelligent, and, when strategically necessary, bare knuckled. I say this as a trial lawyer who has been practicing law for 30 years. She is the real thing. I commend her to you for future cases."
"Like birthing an elephant, it involved a long and arduous labor, was a huge undertaking and produced something of enormous size. But in the end, was worth all of that effort."
"It reads like a breath of fresh air. I know you worked very hard on this and it shows. Thank you both."
"THANK YOU very much. You bailed us out on this case. The ship was sinking when you arrived. Truly appreciated."
"This is not just good news it is great news. I want to thank you for all of your efforts and expertise in handling this claim. I am sure our result would not have been the same if you had not taken this case over."
"That was the most extensive trial I've ever participated in or been a part of, and you both showed me how it's done professionally, skillfully and organized"
"I just wanted to follow up and write this quick note to you regarding the quality of the representation I received from Jeff and Candy at Swart Campbell LLC relative to my disciplinary matter. I can unequivocally represent that there can be no attorneys better suited to dealing with the disciplinary board than Jeff and Candy. They provided a superior response to the DB7 and developed a supremely intelligent strategy in dealing with the disciplinary counsel that yielded this desired result. "