Cases
Representative Matters: Employment Litigation - Title VII/Section 1981: Obtained on behalf of a hospital an order granting summary judgment on a former employee's lawsuit in which he alleged that the hospital terminated him in retaliation for complaining about a supervisor's sexual harassment. The court concluded that summary judgment was warranted for the hospital because the plaintiff failed to establish a prima facie case of retaliation
, even if he had established a prima facie case, plaintiff failed to establish that the legitimate reasons given for his termination were a pretext for unlawful retaliation.
Mediation
settlement that the client found favorable of class-action charges filed against it with the U.S. Equal Employment Opportunity Commission by current employees involving claims of sex discrimination, sexual harassment, age discrimination
retaliation under Title VII.
Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting summary judgment for hospital on claims of age
religious discrimination. Order was affirmed on appeal.
Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting the defendant client's motion to dismiss with prejudice on the plaintiff's Section 1981 claim alleging that the client terminated a contract with plaintiff due to the racial make-up of plaintiff's workforce.
Represented national weight-loss company in employment litigation filed against it throughout the United States.
Employment Litigation - ADEA: Obtained dismissal of disparate impact claim under the Age Discrimination in Employment Act on behalf of a hospital.
Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting summary judgment for client on former employee's age discrimination claim. The employee, who had been terminated at age 70
had no documents in his file that reflected poor performance, alleged that he was told during the termination meeting that the company wanted to get a bunch of younger guys to do the work.
Employment Litigation - Disability: Won motion to dismiss entire complaint filed with Pennsylvania Human Relations Commission alleging claims of discrimination, retaliation
failure to accommodate.
Obtained order from the Superior Court of New Jersey granting summary judgment for nursing home on a plaintiff's claims of age
disability discrimination.
Employment Litigation - ERISA: Obtained order from the U.S. District Court for the Middle District of Pennsylvania granting summary judgment for defendant/client on the plaintiff's ERISA claims
awarding the client substantial attorneys' fees as the prevailing party.
Restrictive Covenants: Obtained favorable resolution for food-service distributor in complaint against competitor for former employee's breach of non-solicitation provisions
tortious interference with contract claims.
Obtained decision by plaintiff to voluntarily dismiss claims for unfair competition, tortious interference
misappropriation of trade secrets against corporate client
its newly hired employees after initial discovery
without any monetary payment by client.
Wage
Hour Collective Actions/Employment Class Actions: Obtained summary judgment for non-profit organization in putative class
collective action alleging independent contractor misclassification
race discrimination, resulting in dismissal of all FLSA
Pennsylvania state law minimum wage
overtime claims, ERISA claims,
race discrimination claim.
Represented StoneMor in a Fair Labor St
ards Act collective action in Alabama
succeeded in having the case dismissed with prejudice. Plaintiffs had alleged that they were not paid minimum wage or overtime.
Obtained summary judgment in favor of prominent Philadelphia-based cosmetology school in wage-
-hour class
collective action case in which plaintiffs - current
former cosmetology students - alleged employee status
failure to pay minimum wages under the FLSA, Pennsylvania Minimum Wage Act
Pennsylvania Wage Payment
Collection Law.
Successfully defended owner of nursing home (client) against a TRO
Motion for Preliminary Injunction filed by the Union representing employees of the nursing home to enjoin the sale of the nursing home where the owner of the nursing home did not condition the sale on the buyer assuming the collective bargaining agreement.
Defended health system against claims pursuant to the Fair Labor St
ards Act
various state law claims alleging failure to pay for all the time worked
pleaded as a collective
class action.
Defended a national weight-loss company in a class action brought by the EEOC alleging discrimination on the basis of gender.
Corporate Transactions: Represented JPJ Group (formerly LSE:JPJ), a leading global online bingo-led operator, in addressing employment issues surrounding its 490m acquisition of online gaming company Gamesys Holdings Ltd.
Advised the owner of a charitable donation logistics company
its affiliate, a thrift retailer, in connection with its multimillion-dollar sale to a private equity joint venture
the transaction included a syndicated equity financing
a sale-leaseback of seller's real property assets.
Represented Unilife Corp. (Nasdaq: UNIS / ASX: UNS) in connection with its announced effort to seek strategic alternatives, culminating in a strategic collaboration with Amgen Inc. (Nasdaq: AMGN) for Unilife's wearable injectable drug delivery systems to use with Amgen's biologics
other medicines. The deal provides Unilife with investments of up to $90 million from Amgen
restructures Unilife's existing debt with OrbiMed.
Represented Edison Partners VIII, L.P. in its $8.5 million investment in the Series B Preferred Stock of iQ Media Group Inc.
Represented the owners of a construction management
consulting company, in the employment aspects of the sale of all of the membership interests to a subsidiary of a NYSE listed global provider of architecture, design, engineering,
construction services.
Represented Polder Housewares
its affiliates in the employment aspects of the sale of substantially all of their assets to a buyer which is majority owned by entities affiliated with Topspin Partners, a suburban New York based private equity fund.