Gary W. Lipkin has represented individual and corporate clients in a broad range of litigation matters, including stockholder class and derivative actions, large merger disputes, disputes over technology licensing, insurance coverage and bad faith actions and large contractual disputes. Mr. Lipkin has extensive experience litigating before the Delaware Court of Chancery, Delaware Superior Court, United States District Court for the District of Delaware, United States District Court for the Eastern District of Pennsylvania and the United States Court of Appeals for the Third Circuit.
In addition to his litigation experience, Mr. Lipkin also has substantial experience representing both private and public employers in a diverse range of labor and employment matters, including serving as lead defense counsel in discrimination and civil rights actions, negotiating collective bargaining agreements, revising and updating personnel policies, management training, preventive counseling and defending against unfair labor practice charges. Mr. Lipkin has represented companies and their officers in a wide range of employment-related administrative proceedings including those before the Equal Employment Opportunity Commission, Delaware Department of Labor, Public Employee Relations Board as well as numerous arbitrations before the American Arbitration Association.
The listing of areas of practice in the foregoing profile does not represent official certification as a specialist in those areas.
Areas of Practice
ˇ Corporate Litigation/Corporate Governance
ˇ Complex Commercial Litigation
ˇ Employment Litigation
ˇ Labor Relations
ˇ Civil Rights
Representative Matters
ˇ Obtained an order dismissing clients from a suit that was pending in the U.S. District Court for the Northern District of Texas, Dallas Division, for lack of subject-matter jurisdiction after demonstrating that one client had been improperly joined by plaintiff to avoid diversity jurisdiction and that plaintiff's dispute with the other client was governed by a forum-selection clause requiring all disputes to be resolved in the state or federal courts in New Castle County, Del.
ˇ Represented institutional stockholders in a lawsuit seeking books and records of a public company in order to investigate suspected managerial wrongdoing.
ˇ Represented large pharmaceutical distributor in a lawsuit by former stockholders of subsidiary seeking additional consideration under a merger agreement.
ˇ Represent a limited liability company in a judicial dissolution action before the Delaware Court of Chancery.
ˇ Represented one of the largest providers of contract semiconductor assembly and test services in a patent licensing dispute.
ˇ Represented a large municipal government in a patent infringement claim brought by one of its former employees.
ˇ Represented company in prosecution of a libel claim seeking damages and injunctive relief in relation to a website operated by disgruntled employees.
ˇ Represented regional bank in an action brought by former employees alleging that they were terminated because they refused to racially discriminate against bank patrons.
ˇ Represented police department and individual officers in a civil rights action brought by an individual who claimed that the officers falsely identified him as being involved in a drug conspiracy.
ˇ Represented large municipal government in action brought by employee claiming she was terminated because of her race.
ˇ Represented large company and supervisor in action brought by employee claiming that supervisor sexually harassed her.
ˇ Represented a major movie-theater chain in appeal of a determination by the Delaware Human Relations Commission that the a pre-showing announcement made by the manager of one of its theaters was racially discriminatory. The decision was affirmed by the Delaware Supreme Court.
ˇ Represented national short-term lending company and its officers in a class action alleging that it violated Pennsylvania's usury laws.
ˇ Represented home builder in breach of contract and warranty action against one of its subcontractors.
ˇ Represented a developer in a lawsuit against the Delaware Department of Natural Resources and Environmental Control ("DNREC") to preclude it from imposing a requirement that any new major land development in Sussex County include a 100-foot riparian buffer area. Obtained decision from the Delaware Superior Court that the requirement constituted a de facto zoning regulation, and that DNREC lacked the authority to employ land-use zoning to safeguard water quality.
Professional Activities
ˇ American Bar Association
ˇ Delaware State Bar Association
Experience
ˇ Duane Morris LLP
- Special Counsel, 2010-present
- Associate, 2002-2007
ˇ City of Wilmington, Delaware
- Assistant City Solicitor, 2007-2010
ˇ Cozen O' Connor, Philadelphia, Pennsylvania
- Associate, 2000-2002
ˇ Court of Common Pleas of Bucks County, Doylestown, Pennsylvania
- Judicial Clerk, Honorable Edward G. Biester, Jr., 1999-2000