Jonathan L. Swichar: Lawyer with Duane Morris LLP

Jonathan L. Swichar

Partner
Philadelphia,  PA  U.S.A.
Phone215 979 1816

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Experience & Credentials
 

Practice Areas

  • White Collar Criminal Defense
  • Commercial Litigation
  • Health Care Fraud
  • Insurance Defense Litigation
  • Appellate Practice
 
Contact InfoTelephone: 215 979 1816
Fax: 215 689 4428
http://www.duanemorris.com/attorneys/jonathanlswichar.html
 
University University of Maryland, B.A., 1994
 
Law SchoolTemple University School of Law, J.D., magna cum laude, 1997
 
Admitted1997, Pennsylvania and New Jersey; Supreme Court of New Jersey; U.S. District Court for the Eastern District of Pennsylvania; U.S. District Court for the District of New Jersey; U.S. Court of Appeals for the Third Circuit; Supreme Court of Pennsylvania
 
Memberships American Bar Association; Pennsylvania Bar Association; Philadelphia Bar Association; Lawyers' Club of Philadelphia (Board of Directors).

 
BornPhiladelphia, Pennsylvania, December 11, 1972
 
Biography

Jonathan L. Swichar practices in the area of commercial litigation. Mr. Swichar is an active trial lawyer, handling, across the United States, matters involving complex commercial disputes, securities law, shareholder disputes, white-collar criminal defense and investigations, insurance defense, healthcare litigation, healthcare fraud defense and internal corporate investigations. Mr. Swichar regularly counsels international corporations and has been lead counsel in hundreds of disputes in state and federal courts as well as in arbitrations and mediation. He also regularly represents plaintiffs and defendants in securities fraud matters, including matters before the National Association of Securities Dealers, and has an active appellate practice, representing clients in appeals in federal and state courts. He also regularly represents healthcare providers in the investigation and defense against healthcare-related offenses in regulatory, civil and criminal proceedings.

Mr. Swichar is active in a leadership capacity in several community and civic organizations. Admitted to practice in Pennsylvania and New Jersey, Mr. Swichar is a member of the Pennsylvania and Philadelphia bar associations. Mr. Swichar is a 1997 graduate of Temple University School of Law, where he was a member of the Temple Law Review, and a graduate of the University of Maryland.

Areas of Practice

· Commercial Litigation

· Insurance Defense Litigation

· Healthcare Fraud Defense

· White Collar Criminal Defense and Investigations

· Appellate Practice

· Healthcare Litigation

Representative Matters

· Obtained a dismissal of a complaint filed in the Supreme Court of the State of New York, New York County, alleging fraud, malpractice, unjust enrichment, illegal fees, and negligence against a former tax partner at an AmLaw 100 law firm. The complaint demanded $140 million, and arose from the implementation of allegedly illegal tax shelters.

· Represented Evergreen Elder Care and defeated a motion for summary judgment filed by a secured creditor who sought judgment in the approximate amount of $3.3 million and an order authorizing foreclosure of Evergreen's premises. The court also granted an order removing a receiver the court previously appointed for Evergreen's business.

· Obtained summary judgment for Niscon, Inc. in a products liability action arising from an accident in which an actor fell through a trap door of a bridge on the set of the Broadway production of the musical The Little Mermaid. The court determined that Niscon could not be held strictly liable because there was no evidence that the automation software it provided to allow remote operation of the trap door was defectively designed or malfunctioned. Bailey v. Disney Worldwide Shared Services, et al., Index No. 113072/08 (N.Y. Sup. Ct, N.Y. County Feb. 10, 2010).

· Represent numerous individuals and healthcare providers in the investigation and defense against allegations of fraudulent insurance claims.

· Has conducted a number of internal investigations of publicly held corporations and healthcare providers in the defense and mitigation of federal claims and penalties.

· Represent both plaintiffs and defendants in federal and state litigation involving claims arising under the Racketeer Influenced and Corrupt Organizations Act (RICO).

· Served as lead counsel for major automobile manufacturer in hundreds of breach of warranty matters in Pennsylvania.

· Represents individuals and corporations as plaintiffs and defendants in securities fraud cases in federal and state court, as well as in NASD arbitration proceedings.

· Represented several shareholders of closely-held corporations in negotiations over the purchase of the shareholders' interests and in litigation against other shareholders and the corporations involving allegations of minority shareholder oppression, breach of fiduciary duty, fraud and breach of contract.

· Assisted in successful representation of hotel owner in a matter brought against major hotel management company asserting claims for breach of management agreement and breach of fiduciary duty.

· Assisted in successful representation of major health maintenance organization in having claims under RICO dismissed which alleged fraud in the solicitation of HMO plan members.

· Appellate advocacy: Represented clients in the Third Circuit, the Superior and Supreme Courts of Pennsylvania and the Supreme Court of New Jersey including the case of Commonwealth v. Fischer wherein the Court adopted appellant's argument for a fundamental change in criminal jury instructions.

· Assisted in securing the dismissal of federal charges against a Taiwanese national whom the government had declared a fugitive through use of a video teleconference.

Experience

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

Professional Activities

· American Bar Association

· Pennsylvania Bar Association

· Philadelphia Bar Association

· Lawyers' Club of Philadelphia
- Board of Directors

Honors and Awards

· Listed by Pennsylvania Rising Stars, 2006-2008 and 2010-2012

Board Memberships

· Gaudenzia, Inc.
- Board of Directors

· Lawyers' Club of Philadelphia
- Board of Directors

Civic and Charitable Activities

· Gaudenzia, Inc.
- Development Committee, Member of Greater Philadelphia Community Affairs Council, 2003-present

Publications and Speaking Engagements

Selected Publications

· Co-author, "Positioning your organization for a RAC audit," Healthcare Financial Management, January 2011

· Co-author, "Weathering a RAC Audit," Hospitals & Health Networks, December 6, 2010

· "Ready Or Not Pennsylvania Healthcare Providers, The RAC Audits Have Arrived," Association of Corporate Counsel Delaware Valley Chapter (DELVACCA) Newsletter, February 2010

· Co-Author, "The Attorney/Client Privilege: A Fond Memory of Things Past--An Analysis of the Privilege Following United States v. Anderson," Annals of Health Law, Volume 9, 2000; published as part of a presentation at the PBI Sixth Annual Health Law Institute in 2000.

· Co-author, "Authority of Agent to sue for Principal and Potential Liability of Both Where the Agent Contracts for the Principal," American Bar Association Litigation Section Trial Practice Committee Newsletter, Spring 2004

· Co-Author, Part I "To Disclose or Not to Disclose - There Should Be No Question," and Part II, "An Effective Voluntary Disclosure Program Needs an Amnesty Provision," The Legal Intelligencer, September 18-19, 2000

· Co-Author, "Full Amnesty Could Encourage Provider Self-Disclosure," Healthcare Financial Management, July 2000

· Co-Author, "Attorney/Client Privilege After Anderson," and "Hotlines, Voluntary Self-Disclosure and the Death of Privilege After Anderson," The Legal Intelligence, December 23 and 27, 1999.

· Co-Author, "The Justice Department Guidelines on the False Claims Act: Overdue Recognition that Sometimes a Mistake is Just a Mistake," Medicare Compliance Perspectives, December 31, 1998; The Legal Intelligencer, January 27, 1999.

· "New Jersey Supreme Court Opens Shopping Center Doors to Increased First Amendment Activity," Temple Law Review, Vol. 69, No. 2, 1996

· Co-Author, "The Consultant's Guide to Medicare and Medicaid Fraud and Abuse and Compliance Issues."

Selected Speaking Engagements

· Co-Speaker, "Boilerplate Clauses in Contracts: Use at Your Own Risk," Pennsylvania Bar Institute, PBI Conference Center, Mechanicsburg, June 13, 2012

· Co-Speaker, "Boilerplate Clauses in Contracts: Use at Your Own Risk," Pennsylvania Bar Institute, CLE Conference Center, Philadelphia, May 10, 2012

· Co-Presenter, "Appellate Advocacy: Views from the Pennsylvania Superior Court Bench," Pennsylvania Bar Institute Annual Meeting, 1999.

 
ISLN912463726
 
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Office Information

Jonathan L. Swichar

30 South 17th Street
PhiladelphiaPA 19103-7396




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