Practice Areas & Industries: Duane Morris LLP

 





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Practice/Industry Group Overview

Sophisticated consumers of legal services require certain qualities of their litigators. They look for depth, specific experience, geographic representation and a well-defined approach to complex matters.

Duane Morris' trial lawyers have the level of industry-specific litigation experience necessary to successfully manage large-case litigation for clients ranging from individuals to Fortune 100 companies.

What Sets Us Apart

Our clients tell us that our strength is in our know-how. Our process is to listen with an experienced ear, understand a client's business needs and objectives, and then fully evaluate appropriate strategies and combination of tactics. We employ an interdisciplinary approach – drawing on the appropriate practice group and industry-specific professionals.

We take our role as counselors seriously. This commitment distinguishes our litigation practice, which features:
    
Industry Experience and Teams

From electric utilities to chemical, from hospitality to telecommunications, Duane Morris lawyers represent clients in many industries in state and federal trial and appellate courts in the United States and in courts throughout the United Kingdom and European Union. Our collective capabilities are both deep and wide. We assemble teams of lawyers with particularized technical practice backgrounds, as well as individual industry experience.

Extensive Courtroom and ADR Experience

We call ourselves the "trial department" because we actually try cases to verdict. Whenever possible, however, we make use of alternative dispute resolution techniques such as arbitration and mediation to pursue the client's goals.

We advise clients on how to proceed and how judges have handled similar issues previously. We utilize a structured witness preparation program to educate witnesses on giving testimony. We are able to discuss an opponent's strengths and weaknesses. Our industry familiarity allows us to give on-point advice for industry-specific needs.

Geographic Coverage

Our numerous offices allow us to staff each case with local talent who have had experience with the courts, the regulatory authorities and other lawyers in the jurisdiction. Each lawyer's longstanding presence in the local legal community is supported by the firm's lawyers in our offices across the United States and in London.

In London, we try cases, appeals and appearances in specialist divisions of the Construction & Technology and the Commercial Courts. Our London lawyers frequently are retained to monitor activities of regional law firms in the U.K. and elsewhere in the European Union.

Effective Resource Management

We are familiar with an industry's issues and can mobilize human and technological resources immediately. For example, we know how to process and analyze thousands of documents; our computer capabilities are regularly employed by Fortune 100 companies; and we have been a leader in alternative fee structures, including contingent fee and success premiums.

With the firm's advanced Information Services Department, we assist clients by structuring and managing evidence databases, calling upon cutting-edge software for case analysis and risk assessment, and preparing and using multimedia trial presentations, Extranets and other advanced litigation support tools.

Contingency Fee Practice

Our active contingency fee practice is unique among large law firms. We regularly represent clients otherwise unable to pursue large-case litigation.

Here are some of the specific industry areas we serve and litigation practices we maintain:

  • Antitrust and Competition
  • Appellate Practice
  • Arbitration, ADR and Mediation
  • Aviation Law
  • Class Action Litigation
  • Commercial Litigation
  • Construction
  • Corporate Litigation
  • Employment Litigation
  • Environmental Litigation
  • Financial Institution Litigation
  • Franchise Litigation
  • Healthcare Litigation
  • Hospitality Industry Litigation
  • Insurance Coverage Litigation
  • Insurance Litigation
  • Intellectual Property Litigation
  • International Arbitration
  • Probate Litigation
  • Products Liability and Toxic Torts
  • Professional Liability Litigation
  • Risk Management
  • Securities Litigation
  • Surety and Fidelity Litigation
  • White Collar Criminal Litigation

 

Services Available

 
Group Presentations
  Duane Morris Partner Cyndie Chang to Speak at Women@theTable, Los Angeles, CA, June 25, 2015
Duane Morris Partner Rachael Pontikes to Present at the Compounders on Capitol Hill 2015, Washington, D.C., June 6, 2015
Duane Morris Partner Gilbert Brooks to Speak at the AIRA's 31st Annual Bankruptcy & Restructuring Conference, Philadelphia, PA, June 3, 2015
Duane Morris Attorney Michael E. Clark to Speak at the ABA's Second National False Claims Act and Qui Tam Institute, Denver, CO, June 3, 2015
Duane Morris Partner Tom Thompson to Present at the Today's General Counsel Institute on E-Discovery, Chicago, IL, June 1, 2015
See more...
 
Past Seminar Materials
  Duane Morris Attorney Michael E. Clark to Present "Steering Your Firm Through the Fog of the 'Cloud': How to Navigate Before You are Navigated", June 15, 2015
Duane Morris Attorneys Will Speak at the 2015 Insurance Coverage Litigation Committee CLE Seminar, Tucson, AZ, March 4, 2015
Duane Morris Partner Beatrice O'Donnell to Moderate an Interactive Workshop, "Navigating Tough Trial Issues and Making the Hard Calls" at the 2015 ABA Corporate Counsel CLE Seminar, Miami, FL, February 12, 2015
 
 
Articles Authored by Lawyers at this office:

Contractors Must Provide Sufficient Notice Of The Basis And Amount Of A CDA Claim
Michael J. Schrier, March 25, 2015
The U.S. Court of Appeals for the Federal Circuit recently decided the case of K-Con Building Systems, Inc. v. United States, No. 2014-5062 (Fed. Cir. Feb. 12, 2015). While this construction case reaffirms some relatively unremarkable concepts of liquidated damages and changes, it does provide some...

Golden Rules of Fiscal Law: Purpose, Time & Amount
Michael E. Barnicle, March 25, 2015
This week, the VA Inspector General reported that the certain government officials illegally used funds to develop a claims processing system that were intended to be used for medical support and compliance. This is what is called a “fiscal law” problem.

Prevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim
Robert C. Hendrickson, March 25, 2015
Failing to pay prevailing wages on a public works project can have consequences beyond labor code penalties and claims for unpaid wages. Contractors who “unlawfully deflate their labor costs” by intentionally violating prevailing wage laws in order to win contracts are also subject to...

A New Protected Disclosure Venue Suggests Permanence For Demonstration Project Federal Contractor Employees’ Whistleblower Protections
Michael J. Schrier, March 19, 2015
In 2013, Congress enacted 41 U.S.C. § 4712 to provide whistleblower protections to employees of federal contractors who made disclosures concerning alleged “evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a...

War Memorial Sculptor Wins Appeal in Copyright Litigation with Government
Arvind Jairam, March 19, 2015
An appellate court has affirmed a royalty award to a famous sculptor based on the U.S. government’s unauthorized use of his copyrighted work in a postage stamp. The decision by the Court of Appeals for the Federal Circuit in Gaylord v. United States comes after lengthy litigation that has...

$195 Million Awarded for Failure to Negotiate in Good Faith; PharmAthene, Inc. v. SIGA Technologies, Inc.
David A. Charapp, March 18, 2015
In 2011, I wrote about the PharmAthene, Inc. v. SIGA Technologies, Inc. case, in which the Delaware Chancery Court found that SIGA Technology Inc. failed to negotiate in good faith with PharmAthene, Inc. for the grant of a license to SIGA’s smallpox drug known as ST-246. This case provided an...

Can you receive a term of life imprisonment for forcing someone to accompany you to a different room in their own house?: Justice Scalia and a unanimous Supreme Court say “yes” in Whitfield v. United States of America, (though to be fair, I should note that Mr. Whitfield had just tried to rob a bank).
Eric R. Breslin, March 13, 2015
18 U.S.C. 2113 (e) has a long and venerable history, even by the storied standards of the federal criminal code. It was originally enacted in 1934 in response to "an outbreak of bank robberies committed by John Dillinger and others" Carter v. United States of America, 530 U.S. 255, 280...

Health Care Workers May Think Twice Before Becoming a Relator
Amy E. McCracken, March 13, 2015
The Federal False Claims Act (and many similar state false claims acts) allow an individual-called a "relator"-to file a lawsuit on behalf of the United States Government. If successful, the relator stands to collect a portion of the amount collected. Since the False Claims Act provides...

Mayo Lawsuit Against Former Exec Raises Numerous Health Care and Business Litigation Issues
Elinor H. Murarova, March 13, 2015
A recent settlement between Mayo Collaborative Services d/b/a Mayo Medical Laboratories ("MML") and Mayo Clinic (together with MML, "Mayo") and a former Mayo executive, Dr. Franklin Cockerill, reveals the potential legal issues that may arise when health care executives seek new...

Real Estate Tax Exemption Issue Muddied Again
Philip H. Lebowitz, March 13, 2015
On December 23, 2014, the Commonwealth Court of Pennsylvania logged another frustrating mile down the confused and confusing road of property tax exemption for purely public charities. In Fayette Resources, Inc. v. Fayette County Board of Assessment Appeals, the Court overturned a lower court...

The Assignment of Pennsylvania Statutory Bad Faith Claims: The Supreme Court Rules in Allstate Property and Casualty Ins. Co. v. Wolfe
Charlotte E. Thomas, March 13, 2015
The Pennsylvania Supreme Court recently clarified in Allstate Property and Casualty Ins. Co. v. Wolfe, No. 39 MAP 2014, 2014 WL 7088147 (Pa. Dec. 15, 2014) that statutory bad faith claims brought against insurers under 42 Pa. Cons. Stat. § 8371 can be assigned by insureds to injured...

Net Neutrality Revisited
William K. Keane, February 18, 2015
The issue of "net neutrality" has occupied the Federal Communications Commission (FCC or "the Commission") for years. With the FCC poised to adopt a new regulatory regime for broadband providers at its meeting on February 26, FCC Chairman Tom Wheeler recently released the...

Conditions on Statutory Inspections of Corporate Books and Records
Richard L. Renck, February 17, 2015
In United Technologies Corp. v. Treppel, No. 127, 2014 (Del. Dec. 23, 2014), the Supreme Court of Delaware reiterated the Court of Chancery’s wide discretion in placing reasonable conditions on a shareholder’s right to inspect corporate books and records pursuant to Section 220(c) of...

False Claims Act Defendants May Have Possible Counterclaims Against Whistleblowers
Philip H. Lebowitz, February 17, 2015
Although whistleblowers benefit from strong public policies protecting the means by which they assert and support their False Claims Act (FCA) allegations, a recent decision highlights a possible counterclaim theory that empowers defendants to assert claims against the whistleblower. In U.S. ex...

New Jersey Bankruptcy Court Upholds Trademark Licensees' Rights to Use Trademark Despite Licensor's Bankruptcy
Walter J. Greenhalgh,Steven T. Knipfelberg,Paul D. Moore, January 19, 2015
In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the...

New Jersey Establishes Complex Business Litigation Program
James J. Ferrelli, December 10, 2014
The Supreme Court of New Jersey has announced the establishment of a Complex Business Litigation Program, effective January 1, 2015, with designated judges in each county assigned to provide individualized case management to complex business, commercial and construction cases meeting the program...

When the “Discovery Rule” is Irrelevant
Adam L. Gill,Jeffrey L. Hamera, November 18, 2014
Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...

Court Interprets "Substantial Completion" To Extend Repose Period
Stanley A. Martin, November 17, 2014
The HVAC sub finished a new condo unit system in August 2001. The condo was substantially complete in early 2002. But since the developer did not pay necessary fees, the city did not issue a certificate of occupancy until August 2003. Which date should be used to start the Wyoming ten-year statute...

Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform
Stanley A. Martin, November 17, 2014
When a New Jersey public authority failed to comply with the NJ Prompt Pay Act,[1] it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County.[2] After...

Bombay High Court Rules in Favour of Vodafone India in $490 Million Tax Dispute
Saionton Basu, October 28, 2014
On 10 October 2014, the Bombay High Court delivered a judgment in favour of Vodafone India Services Private Limited (Vodafone India) in a long-pending USD 490 million tax dispute. The Vodafone India intra-group transaction that had triggered this tax controversy pertained to the financial year...

Supreme Court of India Cancels 214 Coal Block Allocations
Saionton Basu, October 07, 2014
In a judgment delivered on 24 September 2014, the Supreme Court of India cancelled 214 coal block allocations that had been in place since 1993. Out of the 214 cancelled allotments, 42 coal blocks with end-use plants that were already functional or were about to become functional, have been allowed...

Second Circuit's Significant Decision Could Impact Liquidating Trustees
, September 01, 2014
In the case of United States of America v. Edward P. Bond, No. 12-4803 (2d. Cir. August 13, 2014), the United States Court of Appeals for the Second Circuit (the "Second Circuit") issued a decision that could have far-reaching effects on how liquidating chapter 11 bankruptcy cases will be...

D.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure
, August 29, 2014
The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some participants of the electric energy industry, has survived what could...

Federal Circuit Finds Computer Bingo Patents Invalid as Abstract Ideas
, August 29, 2014
On August 26, 2014, the Federal Circuit ruled that patent claims regarding computer-aided management of bingo games are invalid because they are directed to a patent-ineligible abstract idea. The ruling in Planet Bingo, LLC v. VKGS LLC is notable because it is one of the first Federal Circuit...

California's Inside Sales Exemption May Be Lost Where Commissions Are Paid on a Monthly or Less Frequent Basis
, August 04, 2014
A recent California Supreme Court decision significantly impacts pay practices for commissioned sales employees. On July 14, 2014, the state Supreme Court ruled in Peabody v. Time Warner Cable, Inc. that an employer may not attribute commission wages paid in one pay period to other pay periods in...

Georgia Supreme Court Affirms Business Judgment Rule
, July 23, 2014
The Georgia Supreme Court has, for the first time, affirmed the existence of the business judgment rule in Georgia common law. More specifically, however, the state Supreme Court held that the business judgment rule does not automatically prevent all claims for ordinary negligence against corporate...

Maine Supreme Court Decision Limits Scope of MERS' Ability to Assign Mortgages
, July 23, 2014
On July 3, 2014, the Maine Supreme Judicial Court issued a ruling in Bank of America, N.A. v. Greenleaf, 2014 ME 89 (Me. July 3, 2014), significantly affecting the ability of Mortgage Electronic Registration System, Inc. (MERS) to assign mortgage rights as a "nominee" of a mortgage...

U.S. Supreme Court Rules on Patent-Eligible Subject Matter
, July 09, 2014
On June 19, 2014, the U.S. Supreme Court issued a ruling in a prominent patent case regarding subject matter that is not eligible for patent protection. In Alice Corp. Pty. Ltd. v. CLS Bank International, Justice Thomas delivered the opinion for a unanimous Court that affirmed the Federal Circuit...

Second Circuit Upholds "Neither Admit Nor Deny"
, July 08, 2014
On June 4, 2014, the United States Circuit Court for the Second Circuit endorsed the Securities and Exchange Commission's practice of settling enforcement cases on a "neither admit nor deny" basis. In its order issued in SEC v. Citigroup Global Markets, Inc., the Second Circuit vacated...