ERISA and ESOP Litigation

• Lead counsel to insurance broker defending putative class action alleging violations of ERISA associated with the purchase of voluntary benefits insurance.
• Lead counsel to health system defending putative class action alleging improper imposition of tobacco surcharges in violation of ERISA.
• Lead counsel in an ERISA mass action brought by 12 former executives seeking enhanced pension benefits under a top hat ERISA plan; obtained summary judgment on all claims.
• Co-lead defense and trial counsel in an ERISA class action brought by a group of former employees seeking enhanced retirement benefits under defined benefit plan.
• Co-lead defense and trial counsel in ERISA mass action brought by 28+ participants seeking benefits under a severance pay plan.
• As lead counsel, litigated dozens of ERISA claims alleging improper denial of benefits for large national and multinational clients.
• Successfully defended ESOP in a DOL investigation relating to alleged ERISA violations based on plan administration.
• Settlement and trial strategy counsel to seller defendants facing putative class action and DOL claims alleging ERISA claims challenging ESOP’s fair market value.
• Advised board members and ESOP committees on fiduciary duties associated with on-going litigation by DOL and private plaintiffs challenging fair market value.
• Counsel to non-profit representing interests of privately sponsored employee benefit plans submitting amicus briefing in excessive fee and underperformance lawsuits.

Class & Mass Action Litigation

• Co-lead defense counsel to consumer tech company facing mass arbitrations challenging marketing and advertising practices associated with tax preparation software.
• Obtained summary judgment, and affirmance on appeal, in a putative class action alleging privacy violations under federal and state law in connection with the theft of 55 laptops containing employee information.
• On a motion to dismiss, defeated putative class action claims healthcare services organization related to a data incident that occurred when it was subjected to a ransomware attack.
• Led defense of a national bank in a putative class action alleging violations of the Americans with Disabilities Act (ADA).
• Led defense of a national bank in a putative class action alleging mortgage servicing violations.
• Led defense of multiple putative class actions filed under the Telephone Consumer Protection Act (TCPA).
• In multiple cases, obtained dismissal with prejudice of putative class actions under the Fair Debt Collection Practices Act (FDCPA).
• Convinced district court to strike with prejudice nationwide class claims in a putative Fair Labor Standards Act (FLSA) collective action alleging failure to pay overtime.

Commercial Litigation

• As lead counsel, obtained complete dismissal of fraud, negligence and conspiracy claims arising out of commercial distribution agreement.
• As lead counsel, obtained injunctive relief on behalf of national gaming company challenging commercial and regulatory framework of electronic wagering on horse racing.
• As lead counsel, represented NBA franchise in a commercial contract dispute with a former marketing partner.
• Represented a global provider of regulatory and ethical review services (IRB) in a post-closing earnout arbitration arising from a purchase agreement. The parties’ chosen neutral adopted our client’s interpretation of the purchase agreement and earnout definition, resulting in a $5 million award.
• Defeated motion for preliminary injunction challenging food services RFP award issued by local municipality.
• As lead counsel, represented an international natural gas company in a commercial contract dispute with a former joint venture partner.
• Defended against multimillion-dollar breach of contract/warranty claims arising out of the failure of a power transformer at a nuclear power plant.
• Represented a global advertising and media company as plaintiff in a commercial contract dispute and successfully defended against alleged multimillion-dollar tortious interference claims.
• Represented a petroleum manufacturer as plaintiff in a complex tort case seeking recovery of lost production revenue from a neighboring industrial manufacturer that was a customer of the same public utility.
• Defeated a motion for preliminary injunction based on the Lanham Act and unfair competition claims seeking to halt Uber's operations in Philadelphia County; decision subsequently affirmed at 643 F. App'x. 229 (3d Cir. 2016).
• Obtained dismissal of Sherman Antitrust Act and Illinois Antirust Act claims alleging unlawful monopolization of alleged market for intercity rail vacations, as well as refusal to deal, conspiracy to restrain trade and price discrimination.
• In Re Mission Construction, No. 10-cv-04262 (S.D.N.Y.): Defended the Permanent Mission of the Republic of Namibia in a complex, multiparty construction dispute raising novel issues under the Foreign Sovereign Immunities Act (FSIA).

Trade Secret, Restrictive Covenant, Whistleblower and Employment Litigation

• Following a five-day jury trial as lead counsel in the U.S. District Court for the Southern District of Florida, defeated claims brought by former employer against employee and his new employer for alleged violations of the federal Defend Trade Secrets Act (DTSA).
• Defeated severance pay claim brought by former CEO of international technology company, and after six-day jury trial as lead counsel, obtained favorable verdict on breach of fiduciary duty counter claims.
• As co-lead trial counsel, successfully defeated former executive’s disability and gender discrimination claims seeking in excess of $25MM after a 3-week jury trial.
• Obtained dismissal with prejudice of putative whistleblower claims brought under the Sarbanes-Oxley Act (SOX) by former in-house lawyer.
• As lead counsel, represented multiple pharmaceutical companies defending putative whistleblower claims under the New Jersey Conscientious Employee Protection Act (CEPA).
• For a global pharmaceutical company, obtained dismissal of SOX whistleblower claim filed before Administrative Review Board.
• Obtained, on multiple occasions, temporary restraining orders, preliminary and/or permanent injunctions against former employees who were in violation of post-employment restrictive covenants.
• For a national health care company, successfully defended against trade secret and breach of contract/restrictive covenant claims filed in multiple jurisdictions.
• Represented companies in over 100 cases facing a wide array of employment-related disputes, including discrimination, retaliation, harassment, wrongful discharge, wage and hour, employee benefits and breach of contract claims.

Financial Services Litigation

• Represented a national investment adviser in multiple suits alleging securities fraud and breach of fiduciary duty.
• Successfully tried securities fraud claims on behalf of a national investment adviser to verdict before a Financial Industry Regulatory Authority (FINRA) arbitration panel.
• As lead counsel for a national mortgage servicer, successfully tried lender liability defenses/counterclaims to verdict.
• Lesley Banks v. Beneficial Consumer Discount Co., Case No. 081103799 (Phila. Ct. Comm. Pleas): As lead counsel, successfully tried to verdict novel claims brought by a consumer seeking to rescind a mortgage loan under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL); subsequently authored winning appellate brief and argued appeal.
• DiCostanzo v. Wells Fargo Bank, N.A., No. 040903023 (Phila. Ct. Comm. Pleas): Successfully tried to verdict a consumer claim for rescission of a mortgage loan under the Truth in Lending Act (TILA).
• In dozens of cases, defended financial institutions facing Fair Debt Collection Practices Act (FDCPA), TILA, Telephone Consumer Protection Act (TCPA), UTPCPL, Real Estate Settlement Procedures Act (RESPA) and Fair Credit Reporting Act (FCRA) claims.