Lauren DeBruicker

Lauren DeBruicker

Lauren DeBruicker practices in the areas of commercial and insurance coverage litigation, with an emphasis on matters involving intellectual property. She has litigated multi-million dollar cases concerning patents, trademarks, copyrights, licensing disputes, trade secrets and covenants not to compete, in areas ranging from drug delivery systems and pharmaceutical products to Voice-over Internet Protocol (VoIP) telephony systems, computer software and works of art. In a recent matter, Ms. DeBruicker represented a foreign inventor in a multinational patent, license and employment dispute, securing in settlement a lucrative license from a Fortune 50 company for her client's novel drug delivery technology. She has represented insurance carriers in coverage disputes and other litigation relating to the business of insurance and has secured insurance policy proceeds on behalf of the firm's individual and corporate clients.

Ms. DeBruicker also has represented plaintiffs and defendants in employment disputes and local, state and national associations of independent schools in matters relating to their constituents' interests, including the propriety of legal and injunctive relief in school disciplinary proceedings and local property tax exemptions.

Ms. DeBruicker has tried cases to verdict in courts across the country, and obtained results consistently affirmed on appeal. Through targeted discovery and strategic motion practice, Ms. DeBruicker has been particularly effective in helping clients resolve their business disputes efficiently, successfully, and, when desired, out of court. She has been commended by clients for results that are particularly suited to a client's business needs, satisfying executives and protecting shareholder value.

In addition to her litigation experience, Ms. DeBruicker has been a presenter at trade association meetings on legal issues surrounding commercial contracts, taught courses on the fundamentals of insurance coverage analysis and bad faith to legal and insurance professionals on behalf of the Insurance Society of Pennsylvania, and taught trial skills to area high school students. A quadriplegic and wheelchair user since 1991, Ms. DeBruicker is a frequent speaker on issues of disability in the workplace, has advised many in the community on issues of access and home health care, and has negotiated accommodations in housing and employment for people with disabilities under the Americans with Disabilities Act and other law.

In 2006, Ms. DeBruicker was named a Pennsylvania Rising Star in business litigation by Philadelphia Magazine. Rising Stars are chosen by their peers as being among the top up-and-coming lawyers 40 years old or younger, or in practice 10 years or less, in Pennsylvania.

Ms. DeBruicker is a member of the American Inn of Court at the University of Pennsylvania Law School. She serves on the National Board of Advisors of the Baldwin School in Bryn Mawr, Pennsylvania, the President's Council of Magee Rehabilitation Hospital, and the Board of the Philadelphia Chapter of the Buoniconti Fund, the national fundraising arm for the Miami Project to Cure Paralysis. Ms. DeBruicker is a 1998 graduate of the University of Pennsylvania Law School and a 1994 graduate of Stanford University.

Areas Of Practice

· Business Litigation

· Intellectual Property Litigation (Patents, Trademarks, Copyrights, Unfair Competition)

· Insurance Coverage Disputes

· Insurance Insolvency Matters

· Independent School Law Matters

· Drug Delivery Technology Litigation

· Disability Litigation and Counseling

Representative Matters

· Defended Vonage Holdings Corp, a Voice-over-Internet provider, against claims for $100 million in damages for intentional patent infringement brought by other leaders of the telecommunications industry.

· agreement, breach of confidentiality agreement, misappropriation of trade secrets and intentional patent infringement of gelatin-free capsule technology for pharmaceutical and nutritional applications. Following successful ruling under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), one of the first District Court opinions to apply the en banc opinion of Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), negotiated favorable outcome for the client and an ongoing license to her technology.

· Defended CertainTeed Corporation before the Trademark Trial and Appeal Board in an opposition action that alleged CertainTeed's trademark for its prefinished fiber cement product line was confusingly similar to a competitor's registered mark. Resolved matter out of court and secured the registration of client's trademark.

· Represent a manufacturer of surgical devices in a license dispute with a former distributor involving issues of trademark and patent infringement and violation of FDA 501(k).

· Defended healthcare market research executive against claims for breach of restrictive covenant and theft of trade secrets, and in counterclaims for interference with contractual relations, unfair competition, libel and misappropriation of right of publicity. Matter resolved out of court with minimum client exposure.

· Represented photographer in copyright infringement action for the improper and uncompensated use of photographs in nationwide advertisements in the U.S. District Court for the Eastern District of Pennsylvania. Secured favorable settlement for client.

· Represented the Pennsylvania and National Associations of Independent Schools in numerous precedent setting cases in Pennsylvania; authored widely-cited amicus curiae brief on propriety of injunctive relief in school disciplinary matters.

· Represented reinsurer in the U.S. District Court for the Southern District of New York in its multi-million dollar claim against specialty software developer for fraudulent inducement to license, faulty design and failed implementation of business-critical software package. Following initial discovery and motion practice, secured settlement favorable to client.

· Obtained summary judgment in the U.S. District Court for the Eastern District of Pennsylvania for a client insured for attorney's fees and indemnity costs incurred in a copyright infringement action in Florida. Very favorable ruling received entitling client to recover not only costs incurred in defending the lawsuit but also incurred in pursuing counterclaims in the same action, and a portion of the amounts paid to settle the underlying litigation. TIG Ins. Co. v. Nobel Learning Cmtys., Inc., No. Civ.A. 01-4708, 2002 U.S. Dist. LEXIS 10870 (E.D. Pa. June 18, 2002).

· Defended a reinsurance company in an action by an insolvent insurer and its principal over rescission of policy and denial of benefits. Obtained a summary dismissal on a matter of first impression in Pennsylvania, which was affirmed by the Third Circuit. Colonial Assurance Co. and Louis Mazzella v. The Mercantile and General Reinsurance Company Ltd., No. 04-1106, 130 Fed. Appx. 607 (3rd Cir. 2005).

· Counsel to pharmaceutical corporation pursuing multimillion-dollar claim against insurer in liquidation for defense costs incurred in diet drug product liability litigation.

· Counsel to physician in pursuing benefits under disability insurance policy in the U.S. District Court for the Eastern District of Pennsylvania, which resulted in a favorable settlement for our client.

· Defended real estate investor in against claims of breach of contract and fraudulent misrepresentation in which developer sought multimillion-dollar damage award in Chester County, Pennsylvania. Secured verdict in favor of client that was affirmed on appeal.

· Defended telecommunications and networking services company against attempt by former executive and majority shareholder to regain control of company and appoint custodian of the organization. Pursued counterclaims for breach of stock repurchase agreements, breach of fiduciary duties, fraudulent misrepresentation, interference with contractual relations, and conspiracy, alleging former executive steered the company to financial peril and sabotaged the company's business by siphoning off client accounts to a family-owned competitor. Following client's motion for summary judgment, settled out of court on terms favorable to client.

· Representation of American Refining Group in disputes with water treatment service provider over agreement to manage steam production and cooling water processing facilities in oil refinery operations, saving client over $1,000,000 in fees and operating losses.

· Representation of American Refining Group and its affiliates in claims by former contractor seeking wages and employee benefits under employment agreement and Pennsylvania Wage Payment and Collection Law in Pennsylvania State Court. Following strategic discovery and motion practice, secured settlement favorable to client, eliminating exposure to over $1,000,000 in alleged damages.

· Representation of alternative energy provider Energy Unlimited, Inc. in dispute in Southern California over royalties allegedly owed on revenue from the sale of electrical energy generated by turbines in a California wind park.

· Drafted petition for certiorari to the United States Supreme Court on behalf of local housing authority regarding the "One Strike" policy of the Anti-Drug Abuse Act of 1988 requiring all public housing leases require tenants be held strictly liable for criminal acts of family members and guests. Issue decided in pro bono client's favor in Department of Housing v. Rucker, 535 U.S. 125, 128 (U.S. 2002).

· Assistant to Special Master in multi-party construction litigation arising from flooding of multiple office buildings during Tropical Storm Allison; prepared findings of fact and conclusions of law regarding claims alleging over $30,000,000 in damages.

Experience

· Duane Morris LLP - Partner, 2007-present - Associate, 1998-2006 - Member, Recruitment and Retention Committee, 2001-present - Diversity Committee, 2007-present

· Court TV, New York, NY - Intern, Trial Story, 1996 - Assistant producer on Dateline/Court TV special "Banker George: 'Til Death Do Us Part (Missouri v. Revelle)" and trial story episodes "Joan Collins: Actress, Author, Defendant (Random House v. Gemini Star Productions);" "Friendly Fire in the Subway (New York v. Del Debbio);" "Stalking: A Mother's Nightmare (Florida v. Blair)" and the 1996 update to "The Menendez Brothers on Trial: The Real Story (California v. Menendez)"

Board Memberships

· Member, National Board of Advisors, The Baldwin School, Bryn Mawr, Pennsylvania

· Member, Board of Philadelphia Chapter, Stanford University Alumni Association

· Member, President's Council, Magee Rehabilitation Hospital

· Member, Board of Philadelphia Chapter of the Buoniconti Fund to Cure Paralysis

Civic and Charitable Activities

· Magee Rehabilitation Hospital

· The Miami Project to Cure Paralysis

· The Baldwin School

Honors and Awards

· Selected as a Pennsylvania Rising Star in Business Litigation byPhiladelphia Magazine (2006)

Selected Speaking Engagements

· Instructor, "Rules and Procedures for Federal Court Success," National Business Institute, November 2008

· Panelist, "Keys to Success for Diverse Attorneys: intellect, communication skills, networking within and outside the Firm, marketing new clients and good luck," Duane Morris LLP Diversity Retreat, April 5, 2008

· Instructor, "Insurance Coverage and Bad Faith," Insurance Society of Philadelphia, Philadelphia, Pennsylvania, 2003-2006

· Coach and instructor, Baldwin School Mock Trial Team, 2006-2008

· Speaker, "Distributors' Customer Contracts," Fluid Power Distributors Association Fall Meeting, Philadelphia, Pennsylvania, October16, 2000.

· Speaker, "Career Opportunities for People with Disabilities," Shriners Hospital for Children, Philadelphia, Pennsylvania, September 15, 1999