Ms. Schneider focuses her practice in appeals and issue-oriented litigation. Her work has encompassed many substantive areas, including administrative law, alternative dispute resolution, antitrust and trade regulation, constitutional law, e-commerce and technology, employment practices and benefits, financial services, products liability, professional liability, and securities regulation and corporate governance, as well as a wide variety of procedural issues. She also has a significant counseling practice, especially in the areas of trade regulation and e-commerce and technology. Areas Of Experience Appellate Practice Ms. Schneider served as co-chair of Schnader's appeals and issues group for many years and is experienced in virtually every aspect of appellate practice. Some of her notable successes have involved: · Employment Discrimination - won and sustained in the U.S. Court of Appeals for the Eighth Circuit summary judgment for the employer in nationwide class action claiming race discrimination in managers' promotion, pay, and working conditions (Morgan v. UPS, Inc.); won reversals of discrimination findings and judgments for employers from the U.S. Court of Appeals for the Third Circuit in age discrimination class actions involving pension and severance plans (EEOC v. Westinghouse Electric Corp.) and the first sex discrimination suit tried against a law firm (Ezold v. Wolf, Block, Schorr and Solis-Cohen). · Public Financing - on behalf of municipal interests, defeated multiple challenges, culminating in the Supreme Court of Pennsylvania, to municipal financing and construction of a new professional football stadium and baseball park in Philadelphia (Consumers Education & Protective Association v. City of Philadelphia, Cohen v. City of Philadelphia, and Commonwealth of Pennsylvania v. Philadelphia Authority for Industrial Development). · Federal Procedure - obtained first ruling from the U.S. Court of Appeals for the Third Circuit that a party may move to alter or amend the judgment based on legal error under Federal Rule of Civil Procedure 59 without first moving for judgment as a matter of law under Rule 50 (Pediatrix Screening, Inc. v. TeleChem International, Inc.). · ERISA - established in the U.S. Supreme Court the scope of review of an ERISA plan administrator's denial of benefits and who is a plan participant (Firestone Tire and Rubber Co. v. Bruch), resulting in victories or favorable settlements in multiple cases. · Privilege and Recusal - on petition for mandamus, persuaded the U.S. Court of Appeals for the Third Circuit to prohibit release of attorney-client privileged documents and to direct recusal of trial judge in celebrated tobacco litigation (Haines v. Liggett Group Inc.). · Information Disclosure - in multiparty litigation of first impression, obtained rulings from the U.S. Supreme Court precluding release of data about television fires collected by manufacturers and sought under the Freedom of Information Act (Consumer Product Safety Commission v. GTE Sylvania, Inc. and Consumers Union v. GTE Sylvania, Inc.). · Trust Indentures - obtained appellate rulings from New York state courts reversing judgment on defaulted notes for plaintiffs' failure to comply with statutory requirements and affirming dismissal of action brought by foreign bank maintaining foreign collateral for the loans based on lack of personal jurisdiction and forum non conveniens. · Taxation - sustained on appeal in the Pennsylvania appellate courts and avoided further review by the U.S. Supreme Court of constitutional challenges to local government efforts to tax receipts from business activities conducted outside the jurisdiction. · Family Law - defeated constitutional challenges in Pennsylvania appellate courts to formula for calculating alimony pendente lite and statute permitting grandparent visitation; won appeals from various alimony, equitable distribution, and support awards and obtained reversals and remands for further proceedings of adverse awards. · Section 1983 - in pro bono representations, persuaded the U.S. Court of Appeals for the Third Circuit to rule for the first time that prison guards may be liable under the Eighth Amendment for failing to intervene to prevent unconstitutional acts by fellow officers, and that prisoners may pursue claims for being held in administrative segregation in retaliation for filing civil rights actions and may sue for damages for violations of their religious freedom. Complex Litigation Some of Ms. Schneider's other major cases have involved: · Breach of Fiduciary Duties Under ERISA - obtained dismissal with prejudice of ERISA claims against mortgage reinsurer that offered and held company stock in employees' retirement plan accounts during the sub-prime mortgage crisis (no appeal filed); defended major retailer's retirement plan fiduciaries charged with failing to make adequate contributions to accounts of employees claiming violations of wage and hour laws (case settled favorably as part of wage and hour settlement). · Historic Preservation - defended municipal interests in litigation seeking to overturn protection of "Dream Garden," a celebrated Maxfield Parrish-Louis Comfort Tiffany glass mosaic mural located in a private building across from Independence Hall (through settlement, museum will own and maintain mural in place forever). · Conflict of Interest - successfully defended major law firm in recusal proceedings designed to derail restructuring of an insurance company (claims denied after hearing). · Collection of Judgments - defended multiple proceedings to enforce judgments against manufacturing conglomerate (settlements reached with most creditors). · Third Party Subpoenas - represented major publishing house served with extensive discovery requests in antitrust litigation (negotiated agreement resulting in repayment of substantial portions of discovery costs). · Securities Fraud - represented plaintiffs in transnational claims against a lender and other parties to acquisition and post-settlement dispute resolution proceedings in Spain and Sweden; in adversary proceedings against an investment adviser and creditor in the largest Chapter 11 reorganization to that date; and in a short seller's suit alleging artificial inflation of a company's stock price (favorable settlements obtained in all cases). Antitrust and Trade Regulation Ms. Schneider handles all types of antitrust and regulatory matters, from litigation and third-party subpoenas to government investigations and rulemakings. She counsels clients concerning pricing practices, distribution arrangements, product and geographic allocations, tying and exclusive dealing arrangements, market definition and concentration analyses, intellectual property administration, and joint ventures, mergers and acquisitions. Her major representations include: · Robinson-Patman Act - defense of major publisher in multiparty litigation claiming discrimination in pricing and promotional allowances (negotiated consent decree setting new industry practices). · Unfair Competition - defense of waste management company in Sherman and Lanham Act suit by new market entrant, including legal analyses and work with experts, and of software developer in suit by licensee under Sherman Act and California antitrust and unfair business practices law (cases settled favorably). · Sherman Act - defense of major television network against government claims of anti-competitive practices, including negotiation of consent decree setting new industry standards and later modification of same in light of changing market conditions. · Regulatory Proceedings - representation of various clients in administrative proceedings and appeals challenging rules designed to guard against allegedly anti-competitive practices, including development of economic analyses and preparation of fact submissions and briefs. E-Commerce and Technology Ms. Schneider has represented clients in different industries on legal issues related to the Internet, licensing and other technology matters. · She drafts and reviews Internet site privacy statements and terms of use and advertising and other policy statements. · She prepares policies and counsels clients concerning records retention and use of e-mail, voicemail, and information services. · She negotiates and drafts agreements covering product and technology development, distribution arrangements, and licensing and provision of consulting and other services. Community Activities · Yale Club of Philadelphia, Council President 2008-10, member 2004- · Yale Alumni Schools Committee of Philadelphia, Director 2004- · Yale Alumnae Association, founder and strategic planning committee member 2010- Professional Affiliations · American Bar Association, Antitrust and Litigation Sections and Council of Appellate Lawyers, member · ABA Council of Appellate Lawyers, 2011 American Judges Education Institute Summit Planning Committee, Executive Board, 2011- · ABA Antitrust Section Pricing Conduct Committee of Antitrust Section, Advisory Board member 2009-11, Vice-Chair 2011- · Pennsylvania Bar Association, Appellate Advocacy, Women in the Profession, and Quality of Life/Balance Committees · Philadelphia Bar Association, Appellate Courts Committee · Third Circuit Bar Association and Historical Society · Supreme Court Historical Society Other Distinctions · Rated AV® Preeminent™ by Martindale-Hubbell® · Listed in The Best Lawyers in America for appellate law, 2008-2012 · Noted as a "Pennsylvania Super Lawyer" for appellate law, 2004-2006, 2009-2011 · Listed in Marquis Who's Who in America and Marquis Who's Who in American Law, and numerous similar publications · Listed as a Top Lawyer by Corporate Counsel News 10/10/2011, Deena Jo Schneider Elected to Executive Committee of the ABA's Council of Appellate Lawyers 09/19/2011, Sixty-Eight Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell® 09/01/2011, Thirty Schnader Attorneys Recognized as "The Best Lawyers in America" for 2012 08/29/2011, Schnader Secures Appellate Victory for MRO Corp. 06/22/2011, Deena Jo Schneider Appointed Vice-Chair of the ABA Antitrust Section's Pricing Conduct Committee 08/04/2010, Thirty-Two Schnader Attorneys Recognized as "Best Lawyers in America" for 2011 05/27/2009, Many Schnader Attorneys Honored as 2009 Pennsylvania Super Lawyers 03/29/2009, Deena Jo Schneider Comments on Traditions at Yale 09/29/2008, Twenty-Eight from Schnader in Best Lawyers in America 2009 11/26/2007, Schnader Well-Represented in Bar Association of the Third Federal Circuit 09/18/2007, Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers 09/18/2007, Twenty-Four from Schnader in Best Lawyers in America 2008 05/09/2007, Schnader Attorneys Involved with New Third Circuit Appellate Practice Manual 07/20/2006, Thirty-Five Schnader Attorneys Are 2006 Super Lawyers 05/31/2006, Thirty-Three Schnader Attorneys Honored as 'Pennsylvania Super Lawyers' 07/07/2005, Schnader Attorneys Feted as Super Lawyers 06/01/2004, Schnader Lawyers Noted as 'Pennsylvania Super Lawyers' in 19 Categories Related Events 12/08/2011, Schnader Presents: Who's Calling and Why and Who Wants to Know? Legal Issues Concerning Company Monitoring of Phone Calls and E-mails Publications Books 04/01/2012, Antitrust Law Developments 7th Edition 04/01/2012, Price Discrimination Handbook 08/01/2010, Third Circuit Appellate Practice Manual (Second Edition) 01/01/2006, Third Circuit Appellate Practice Manual 11/01/1996, Federal Appellate Procedure: 3rd Circuit Alerts 01/02/2005, Schnader Appeals: Schnader Secures Victory for UPS in Nationwide Employment Discrimination Class Action Newsletters 04/01/2007 Schnader Appeals Speaking Engagements 12/08/2011, Schnader Presents: Who's Calling and Why and Who Wants to Know? Legal Issues Concerning Company Monitoring of Phone Calls and E-mails 11/12/2011, Deena Jo Schneider Presented at the 2011 Appellate Education Summit 05/31/2011, Deena Jo Schneider Participates in the Bar Association's "Leaders of Philadelphia Area Women's Initiatives" Program 12/13/2010, Schnader's Deena Jo Schneider Presents "Bundle Discounts, Not Discrimination: Structuring Bundled and Loyalty Discounts to Comply with the Robinson-Patman Act (and Foreign Law, Too)" 12/15/2008, Schnader Attorneys Present "Find it Free and Fast on the Net - Strategies for Legal Research on the Web" 05/13/2008, Schnader's Deena Jo Schnader Presents "E-Discovery: Now What" 11/04/2004, Deena Jo Schneider Speaks on "Legal Ethics in Pennsylvania: Solutions to the Most Common Ethical Challenges" |