Audrey Kwak focuses her practice in the areas of complex commercial business litigation, with significant experience handling construction and commercial contract disputes. Her practice has involved the resolution of disputes commonly arising on private and public projects, including issues of nonpayment, delay, mechanics' liens, and defective work. In addition to her construction law practice, Audrey has experience in advising clients regarding all aspects of commercial contract, antitrust and intellectual property matters.
Representative Matters
· Assistant trial counsel in trade secret litigation, resulting in multi-million dollar jury award;
· Obtained payment for subcontractor for delay costs incurred in completing public project;
· Counsel for contractors and subcontractors in payment disputes with private and public owners;
· Assistant trial counsel in dispute involving breaches of asset purchase agreement;
· Advise contractors and subcontractors with respect to potential claims with public agencies;
· Advise business owners in complex commercial contract disputes and negotiation of contract terms;
· Experience with various intellectual property disputes and litigation, including patent infringement litigation; patent false marking suits; and opposition proceedings before the Trademark Trial and Appeal Board (TTAB);
· Experience in defense of antitrust claims; including briefing of dispositive motions that ultimately resulted in dismissal of action.
Professional Affiliations
Allegheny County Bar Association, Construction Law Section Member, Chair of Asian Attorneys Committee (2009-2011), Diversity Collaborative Committee Member
Women's Bar Association of Western Pennsylvania, Treasurer (2010-present)
American Bar Association, Member, Construction Law Section and Commercial Litigation Section
Special Recognition
Selected for inclusion in Pennsylvania Super Lawyers - Rising Star
Articles/Speeches/Presentations
· "Waiving claims, one payment application at a time," Eckert Seamans' Construction Law Update, Spring 2012.
· "To owners and general contractors: Before termination, review the bond," Eckert Seamans' Construction Law Update, Fall 2011.
· "The Government made me do it": Government contractor immunity and limiting third-party liability for work on government projects" and "Administrative Changes to litigating construction disputes in Allegheny County, PA," Eckert Seamans' Construction Law Update, Spring 2011.
· "Read before you sign: preventing the inadvertent waiver of claims," Eckert Seamans' Construction Law Update, Fall 2010.
· "Patent Marking," co-presented at Eckert Seamans' Continuing Legal Education Seminar, August 2010.
· "The Marcellus Shale boom: protecting contractors' interests in the gas "gold rush", Eckert Seamans' Construction Law Update, Fall 2009.
· "Practice Pointer: Misrepresentation claims against architects and engineers," Eckert Seamans' Construction Law Update, Spring 2009.
· "Limiting Bilt-Rite: The Superior Court dismisses a contractor's claims against a utility company for negligent misrepresentation", Eckert Seamans' Construction Law Update, Winter 2008.
· "Protecting Your Interests: Legal Developments in a Changing Business Climate," panelist at Eckert Seamans' CLE program, August 2008.
· "Perspectives into Legal Developments," panelist at the Eckert Seaman's CLE program, August 2007.