Cases
Representative Matters: Intellectual Property/Commercial Litigation: Represented Inspired Entertainment, Inc. (NASDAQ: INSE), a gaming technology company, in a matter of first impression before the Pennsylvania Gaming Control Board in securing a licensing waiver for a significant private equity fund shareholder.
Represented the Las Vegas S
s Corp., the eminent developer
operator of world-class Integrated Resorts, in the $1.3 billion sale of its S
s Bethlehem Casino Resort to the PCI Gaming Authority d/b/a Wind Creek Hospitality, providing gaming regulatory
real estate guidance in the transaction.
Obtained on behalf of S
s Pennsylvania, Inc., a subsidiary of the Las Vegas S
s Corporation, a successful defense of a baseball-style, AAA arbitration brought by the minority partners of the S
s Casino in Bethlehem, concerning the appropriate formula for calculating distributions under an operating agreement. The arbitrator's award preserved the S
s' methodology for calculating distributions, which permitted an additional $42 million in deductions over the 30-year useful life of the casino resort than figures proposed by the claimants.
Obtained a decision from the Pennsylvania Superior Court affirming a summary judgment decision involving the defense of alleged controlling shareholder liability
breach of fiduciary duty claims arising from an insider down round financing of a high-tech startup, a microelectromechanical systems (MEMS) acoustic chip manufacturer in Pittsburgh.
Tiffany (NJ) Inc.
Tiffany & Company v. Katz Imports Inc., Civil Action No. 02-8450 (E.D. Pa.). Represented Tiffany & Company in an action for trademark infringement
counterfeiting brought against a Philadelphia jewelry retailer that was selling counterfeit Tiffany jewelry on Ebay. Obtained a seizure order from the U.S. District Court for the Eastern District of Pennsylvania pursuant to which the U.S. Marshals seized the counterfeit goods from the defendant's premises as well as sales receipts showing numerous sales of counterfeit Tiffany jewelry. Reached court-approved settlement under which defendant was permanently enjoined from selling counterfeit Tiffany merch
ise
was required to pay Tiffany $600,000 in damages.
Obtained an order dismissing for lack of personal jurisdiction a suit brought against a Taiwanese leather belt manufacturer by a former sales representative who asserted that the manufacturer failed to pay commission on certain sales. The elimination of several of plaintiff's claims on partial summary judgment resulted in his inability to demonstrate that the amount in controversy was sufficient to support federal diversity jurisdiction.
Morelli v. Tiffany & Co., 200 F. Supp.2d 482 (EDPA). Obtained jury verdict in defense of a $45 million dollar copyright infringement challenge to Tiffany & Co.'s Etoile collection.
T.A. Title v. Thomas Havey LLP. Professional liability defense of national accounting firm's work for a national title insurance company.
Keystone v. American Mining Insurance Co., 179 F.Supp2d 432 (M.D. Pa. 2002). Major decision for the insurance industry on construction of CGL policies before the 3rd Circuit.
Hutchinson, et al. v. Medical Inter-Insurance Exchange of New Jersey, Superior Court of New Jersey Atlantic County Docket No. ATL-L-003250-93. Seven figure recovery in bad faith action prosecuted on behalf of assignor physicians subjected to excess judgment in medical malpractice action.
Manufacturers' Services Athlone Ltd. v. Merit Industries, in the United States District Court for the Eastern District of Pennsylvania, NO: 00-CV-1661 - represented an Irish computer company in commercial dispute arising from transaction for a customized motherboard.
Securities Litigation: In Re: PathoGenesis Corp. - LA - 1862 (2001). Represented clients through SEC investigation of alleged insider trading.
NASD Examination No. E91990772, Philadelphia Office, 2002. Regulatory investigation of New Engl
Securities Brokers regarding variable life insurance -- products
practices.
Bork v. Dean Witter Reynolds, 1991 U.S.Dist. LEXIS 11907 (E.D.Pa. 1991) District Court affirmed largest punitive damage award in history of Philadelphia Stock Exchange arbitration on churning
suitability claim.
Grabner, et al. v. Rose Securities, et al., NASD No. 95-00846. Obtained large arbitration award for defrauded investors
pierced corporate veil to obtain collectable recovery against principals of defunct brokerage firm.
Summit Bank v. BHC Securities, Inc.
FISERV Investor Services, Inc. - Civil Action No. 00-cv-246 (E.D. Pa.). Successfully settled contract dispute concerning clearing operations for bank-owned broker dealer.
Class Actions/Mass Tort Litigation: Tobacco Litigation - Commonwealth of Pennsylvania, et al. v. Phillip Morris, et al., CCP, Philadelphia County. Served as a member of the Duane Morris trial team that worked at the direction of Attorney General Mike Fisher in obtaining the historic settlement with the Tobacco Industry. Pennsylvania will recover over $11 billion over the 25-year course of settlement payouts, in addition to the marketing
other health-related concessions by the Industry as part of the settlement package.
L-Tryptophan Litigation - member of Duane Morris Regional Counsel team that defended Japanese Manufacturer, Showa Denko.
Maertin, et al. v. Armstrong World Industries, Inc. v. Monsanto. Defense of class action, toxic tort claim.
In re: GEMS L
fill - Superior Court of New Jersey, Camden County Docket No. L-068199-85. Defense of multi-defendant environmental class action regarding NJ SuperFund site.
Catastrophic Personal Injury Litigation: Bieber v. Eastern Industries, Inc. - (M.D. Pa. 2012). Multimillion-dollar verdict for injured motorcyclist traveling through construction work zone.
Hutchinson v. Dearden, et al. - 314 N.J. Super. 468. Multimillion-dollar plaintiff's judgment in obstetrical malpractice claim
the appellate decision affirming the judgment established a l
mark rule of evidence for professional liability actions in NJ.
McCall v. D'Amico, M.D., et al. - in the Circuit Court of Maryl
for Baltimore City, Case No.: 97160001/CC3052. Settlement of cervical cancer medical malpractice claim against national pap smear laboratory.
Kubiak et a. v. Krane, M.D., et al. - Superior Court of New Jersey, Gloucester County - Law Division, Docket No. L-562-96. Substantial settlement following one week trial of medical malpractice claim alleging failed mammography reading led to breast cancer patient's demise.
Raynor, et al. v. Raynor - Represented Estates in double fatality, roll-over motor vehicle accident involving Ford Explorer
Firestone tires. (2001)
