Cases
Representative Matters: Appellate Practice: Deena served as co-chair of Schnader's appellate practice for many years. Some of her notable appellate successes have involved: Bankruptcy: - defeated efforts to remove a Chapter 11 trustee based on alleged invasion of privacy
to stay proceedings based on the former company owner's Fifth Amendment rights
sustained remedies to prevent movement of assets offshore
Charter Schools: - obtained review
reversal of state diversion of school district funds to pay a charter school for students enrolled above enrollment caps in the school's charter
Conflict of Interest: - successfully defended an AmLaw 10 law firm in recusal proceedings designed to derail restructuring of a major national insurance company
Employment Discrimination: - won
preserved on appeal summary judgment for a Fortune 50 employer charged with nationwide race discrimination in managers' promotion, pay,
working conditions
secured reversals of discrimination findings
judgments for employers in bet-the-company age discrimination class actions involving pension
severance plans
in the first sex discrimination suit tried against a law firm
ERISA: - established for the first time in the U.S. Supreme Court the scope of judicial review of a plan administrator's denial of benefits
who is a plan participant
Federal Procedure: - won the first ruling from the U.S. Court of Appeals for the Third Circuit that a judgment may be altered or amended based on legal error without a prior trial motion
Information Disclosure: - procured the first U.S. Supreme Court rulings precluding release of television fire data collected by manufacturers
being sought by public interest groups
Privilege
Recusal: - obtained m
amus review
orders prohibiting release of attorney-client privileged documents
directing trial judge's recusal in tobacco litigation
Public Financing: -defeated multiple challenges to municipal financing
construction of a new professional football stadium
baseball park in Philadelphia
Taxation: - obtained rulings that local government efforts to tax receipts from business activities outside the jurisdiction are unconstitutional
Trust Indentures: - won reversal of a judgment on defaulted notes based on failure to follow statutory requirements
affirmance of the dismissal of a suit concerning the collateral for the notes based on lack of personal jurisdiction
forum non conveniens
Family Law: - established law in the U.S. Court of Appeals for the First Circuit concerning child custody disputes under the Hague Convention
defeated constitutional challenges to Pennsylvania's alimony pendente lite formula
gr
parent visitation statute
Section 1983: - obtained the first rulings from the U.S. Court of Appeals for the Third Circuit permitting prison guard liability for failing to prevent unconstitutional acts by fellow officers
prisoner claims for being held in administrative segregation in retaliation for filing civil rights actions
for damages for violations of their religious freedom.
Complex Litigation: Some of Deena's other major cases have involved: Breach of Fiduciary Duties
ERISA: - won dismissal of nationwide class claims against a major mortgage reinsurer holding company stock in employees' retirement plan during the sub-prime crisis
defended a mega-retailer's retirement plan fiduciaries in nationwide class action alleging failure to make adequate contributions to employees' accounts
Class Actions: - limited a class based on counsel's communications to potential members
obtained permission to appeal overlapping national opt-in
state-law opt-out classes
Collection of Judgments: - defended multiple proceedings to enforce hundreds of millions of dollars in judgments against a foreign manufacturing conglomerate
Eminent Domain: - defended compensation paid by a major city for a large tract of l
designated for redevelopment
later taken for use as an airport employee parking lot
Historic Preservation: - defended municipal protection of a privately owned glass mosaic mural, preventing its removal from its original location in a building under separate ownership
Antitrust
Trade Regulation: Deena counsels clients concerning antitrust best practices
assists in developing overall strategies. She also advises on specific pricing
distribution practices
tying
exclusive dealing arrangements
market definition, analysis,
allocations
intellectual property administration
joint ventures, mergers,
acquisitions. Her major cases have involved: Robinson-Patman Act: - defense of a major publisher in a price
promotional discrimination action, which concluded with a consent decree changing industry practices
Unfair Competition: - defense of a national waste management company in a Sherman
Lanham Act suit by a new market entrant
of a software developer in a licensee's suit under the Sherman Act
California antitrust
unfair business practice laws
Sherman Act: - defense of a major television network in long-running government litigation claiming anti-competitive practices, including negotiation of a consent decree setting new industry st
ards
later modification of the same in light of changing market conditions
Regulatory Proceedings: - representation of clients in administrative rulemakings, inquiries,
related appeals, including factual submissions
economic analyses as well as briefs.
Business, E-Commerce
Technology Counseling: Deena has advised
represented clients of all sizes
types in multiple industries on issues ranging from governance, corporate conduct,
general business practices to specific uses of IT systems
the Internet, licensing,
technology. Her matters in this area have involved: Best Practices: - preparation of corporate codes of conduct
governance documents
briefing of organizations, management,
employees on fiduciary
other duties
Computers
Records: - drafting of policies
counseling on use of information services, e-mail, voicemail,
records, including data retention
destruction
Internet Use: - preparation
review of website privacy statements
terms of use
advertising
other policy statements
Contracts: - negotiation of agreements covering product
technology development, distribution arrangements,
licensing
provision of consulting
other services.
