Cases
Representative Matters: Financial Services Litigation: Counsel for insurer in multiple Covid-19 related business interruption actions filed in Eastern
Middle Districts of Pennsylvania,
Luzerne
Philadelphia counties Court of Common Pleas.
Counsel for insurer in declaratory judgment coverage dispute filed in Eastern District of Pennsylvania.
Counsel for private mortgage insurer in an action filed in the Eastern District of Pennsylvania by a servicer alleging breach of contract.
Counsel for private mortgage insurer in a number of putative class actions filed across the country against mortgage lenders
private mortgage insurers alleging that private mortgage insurers entered into captive reinsurance agreements with mortgage lenders that violated RESPA.
Counsel for broker employee in Harmelin v. Man Financial Inc. et al., a case filed in the Eastern District of Pennsylvania alleging financial fraud in connection with a hedge fund.
Counsel for affiliate of major mortgage lender in class action in Bankruptcy Court for Eastern District of Pennsylvania asserting lender
affiliates committed consumer
bankruptcy fraud by assessing post-bankruptcy fees against consumers.
Counsel for underwriter of private mortgage insurance in class action litigation pending in federal court in North Carolina, Texas,
elsewhere involving claims that the structure of the industry violates the federal Real Estate Settlement Procedures Act.
Counsel for underwriter of private mortgage insurance in class action litigation brought in federal court in the Eastern District of Pennsylvania involving claims that insurers' supposed use of consumer credit reports violated the Fair Credit Reporting Act. Result: Claims dismissed by District Court
District Court reversed by 3rd Circuit Court of Appeals
3rd Circuit decision vacated by U.S. Supreme Court.
Business Governance
Shareholder Disputes: Pennsylvania Counsel to Toby Rice
the Rice Team in connection with the successful proxy contest
related litigation against EQT Corporation.
Counsel to IBM
its subsidiary Jasmine Acquisition Corp. in Trading Strategies Fund v. Karsan, et al, No. 2012-11460 (Chester C.C.P, Pa.), a putative class action seeking to enjoin a $1.3 billion merger between IBM
Kenexa Corporation ( Kenexa )
dem
ing monetary damages from Kenexa, its board of directors
IBM claiming that the purchase price of $46 per share in cash, a 42% premium over the pre-announcement trading price of Kenexa's shares, as well as the process leading up to the merger agreement, were inadequate.
Counsel to Energy Transfer Partners, L.P., Energy Transfer Partners, G.P., L.P., Energy Transfer Equity, L.P.
SAM Acquisition Corporation ( Energy Partners ) in eight derivative
putative class action lawsuits filed in the Philadelphia Court of Common Pleas, Commerce Division,
consolidated under the caption In re Sunoco, Inc., Phila. Ct. Com. Pl., April Term, 2012, No. 03894. These complaints sought to enjoin the acquisition by Energy Partners of Sunoco, claiming that the process leading up to the merger agreement was inadequate
that the 20% premium being paid to Sunoco's shareholders was insufficient.
Counsel for acquiring entities (Regency Energy Partners LP
related entities) in successful defense of Pennsylvania state
federal court litigation challenging the acquisition of PVR Partners, LP.
Pennsylvania counsel for acquired company Jones Group in New York state court derivative litigation.
Counsel for defendants in Rubery v. Radian Group, Inc. in Pennsylvania
federal court litigation challenging the proposed merger of Radian
MGIC.
Antitrust: Representation of several of the nation's largest chain drug stores in multiple suits alleging antitrust claims under the Robinson-Patman
Sherman Acts.
Antitrust counseling on a broad spectrum of competition
business matters.
E-Commerce
High Technology: Counseled various clients on use of social media in connection with consumer retail contests.
Represented domain name registrar Network Solutions, Inc., the dot-com people TM, in litigation concerning pre-registration practices.
Represented a major Internet service provider in contract dispute over a link agreement.
Advised an Internet service provider (ISP) regarding liability for acts of its customers.
Communications
Media: On behalf of a high school student subjected to school discipline for off-campus speech in violation of her First Amendment rights, obtained a favorable decision enjoining the disciplinary action in both the District Court for the Middle District of Pennsylvania
the U.S. Court of Appeals for the Third Circuit. On further appeal, served as co-counsel with the American Civil Liberties Union Foundation, the American Civil Liberties Union of Pennsylvania
Seth F. Kreimer, as the U.S. Supreme Court affirmed the Third Circuit decision in one of the most significant student free speech cases in 50 years. Mahanoy Area School District v. B.L.
Counsel in Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System representing the Freethought Society in the federal district court of the Middle District of Pennsylvania
the appeal to the Third Circuit Court of Appeals asserting the Transit System's refusal to allow Freethought Society's advertising on Transit System's buses violated the First Amendment.
Amici brief on behalf of the ACLU in Robbins v. Lower Merion School District, filed in federal court in the Eastern District of Pennsylvania, in suit against school official for allegedly using school-issued laptops with webcams to record students without their knowledge.
Counseled various higher education clients in connection with First Amendment issues arising from use of social media.
