Candidus K. Dougherty

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

Martindale Hubbell
Avvo

CANDIDUS K. DOUGHERTY is the Chair of the firm’s Management Committee and co-chairs the firm’s Professional Liability Group. Candy focuses her practice on lawyer malpractice, partnership disputes, class action defense and the defense of professionals in civil actions and disciplinary proceedings. Super Lawyers has described Candy as “Top Rated Professional Liability Attorney in Philadelphia” since 2023. Candy has been with the firm and in the Professional Liability Group since 2008. Candy also serves as a court-appointed arbitrator in the Court of Common Pleas, Philadelphia County.

Candy is the Co-Chair of the Professional Liability Group that is recognized as a Tier 1 (highest) law firm for Defense Legal Malpractice Law by Best Law Firms published by U.S. News & World Report. The Professional Liability Group was voted Litigation Department of the Year for Professional Liability in 2017, 2020 and 2024 and for General Litigation in 2023 by The Legal Intelligencer that considers law firm practice groups in Pennsylvania and Delaware.

Prior to joining Swartz Campbell, Candy 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, Candy worked as a software programmer for digital communications solutions providers. Candy wrote web-based software for Internet service providers, government agencies, schools, and major media outlets.

Candy obtained a B.S. in Information Technology, with honors, from the University of Phoenix where she received the Women in Technology Scholarship in 2002 and 2003. Candy earned a J.D., with high honors, from Rutgers School of Law – Camden. While in law school, Candy was a Dean’s Scholar, Marshall-Brennan fellow, an editor for the Journal of Law and Religion, a research/teaching assistant for 1L courses in Contracts and Property and a member of the trial and international law moot court teams. Candy 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

2007New Jersey
2008 Pennsylvania
2021 District of Columbia
2024 New York

Education

2007 Rutgers School of Law - J.D., with high honors
2003 University of Phoenix - 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. Bankruptcy Court, Easter 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

Publications

Presentations

Avoiding Legal Malpractice, CNA Insurance In-Firm CLE (2024)
Avoiding Legal Malpractice : Setting Client Expectations, Annual Personal Injury Practicum (DRI) (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 (2009)
Panelist, Working as a Judiciary Law Clerk, Rutgers School of Law - Newark (2008)
Outlining and Exam-taking Tips, Rutgers School of Law - Camden (2007)

Representative Matters

Defense of a lawyer in a disciplinary proceeding tried for one week before a special master where the petition for discipline was withdrawn during respondent’s case.
Defense of a lawyer in a bifurcated legal malpractice action tried before the bench in the Court of Common Pleas, Philadelphia County that ended in non-suit for client at close of plaintiff’s evidence in the “case within the case.”
Defense of a lawyer in a bifurcated legal malpractice action tried before a jury for 7 days in the Court of Common Pleas, Montgomery County that ended in jury verdict for client after first stage of trial.
Defense of a lawyer in a defamation action tried for two weeks before the bench in the Eastern District of Pennsylvania that ended in judgment for client.
Defense of a lawyer and law firm in two consolidated legal malpractice actions tried over 42 days before the bench in the Court of Common Pleas, Chester County that ended in non-suit in one case and judgment for clients in the other case.

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."
"Thank you for giving me back my life and peace of mind "
"It reads like a breath of fresh air. I know you worked very hard on this and it shows. "
"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 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."