Dana J. Ash

Dana J. Ash

 

Dana J. Ash practices in the area of business litigation and has conducted trials in state and federal courts across the United States. Mr. Ash is an active trial lawyer, handling matters involving complex commercial contracts (including asset purchase agreement and partnership agreement disputes), shareholder disputes, transactional representation fee disputes including disputes over investment bank, broker and other transactional fees, products liability claims (with a concentration in medical devices), intellectual property disputes (including trademark and trade secret claims), banking and securities law claims, and other business-related disputes. Mr. Ash also handles a wide range of employment matters involving noncompete and confidentiality agreements as well as personal injury matters, including medical malpractice and products liability claims. Mr. Ash represents medical device manufacturers nationally in products liability matters, and in commercial disputes with suppliers and customers. In addition to court trials, Mr. Ash has handled numerous mediations and litigated arbitration claims under the auspices of the American Arbitration Association and the International Chamber of Commerce.

Admitted to practice in Pennsylvania, New Jersey and West Virginia, he is a member of the Philadelphia Bar Association and the Defense Research Institute. Mr. Ash is a 1997 graduate of the University of Pennsylvania Law School and a graduate of Dartmouth College.

Areas of Practice

· Business Litigation

· Products Liability

· Intellectual Property Litigation

· Medical Malpractice

· Construction Litigation

Representative Matters

· Represents manufacturers of medical implant devices in numerous product liability cases nationwide.

· Represented global electronics manufacturer in international arbitration against foreign microprocessor developer in dispute over intellectual property licensing rights

· Obtained dismissal of all charges against a physician following trial in one of first standard of care disciplinary actions brought by the Pennsylvania Board of Medicine.

· Obtained jury verdict in favor of international jewelry retailer Tiffany & Co. in $45 million copyright infringement suit

· Obtained defense jury verdict in favor of large national accounting firm in $14 million accounting malpractice suit

· Obtained summary judgment in favor of a health maintenance organization on HMO liability claim

· Represented construction contractor organizations before the Supreme Court of Pennsylvania to obtain unanimous reversal of Commonwealth Court decision relating to public school construction; decision under Mechanical Contractors Association of Eastern Pennsylvania v. Commonwealth of Pennsylvania, 934 A.2d 1262 (Pa. 2007).

· Obtained summary judgment on multimillion-dollar claim against turbine manufacturer on large construction project, and affirmation of decision by United States Court of Appeals for the Third Circuit

· Part of team that represented the Attorney General of Pennsylvania in landmark litigation against tobacco industry, which resulted in settlement in excess of $13 billion for Pennsylvania

Professional Activities

· Philadelphia Bar Association

· Defense Research Institute

Experience

· Duane Morris LLP
- Partner, 2006-present
- Associate, 1997-2005

Board Memberships

· Turning Points for Children

Selected Publications

· Co-Author, "Pennsylvania High Court Rejects Design Change Evidence, But Creates Defense Dilemma," Leader Publications Product Liability Law & Strategy, July 2001

· Co-Author, "Challenging Cost Claims," Proving and Pricing Construction Claims, 3rd ed., 2001

· Co-Author, "Product Manufacturers Fight Advertising Puffery in the Courts," Leader Publications Product Liability Law & Strategy, May 2000