Patrick J. Loftus

Patrick J. Loftus

Patrick J. Loftus practices in the areas of commercial litigation, software litigation, corporate governance, construction law and litigation, and professional malpractice. He has appeared in numerous state and federal courts involving a broad variety of contract and commercial disputes. Mr. Loftus has also handled numerous mediations and arbitrations of complex commercial and construction disputes, including various international arbitrations. In addition, he is a frequent author and presenter on commercial litigation issues.

Mr. Loftus is a member of the Business Litigation Section and the Construction Law Committee of the International Association of Defense Counsel, the Section of Litigation and the Forum Committee on the Construction Industry of the American Bar Association, the Pennsylvania and Philadelphia bar associations and the Defense Research Institute. Mr. Loftus is a 1990 graduate of The Dickinson School of Law of the Pennsylvania State University and a graduate of Fairfield University.

Representative Matters

· Counsel to an industrial manufacturer defending against a breach of contract/indemnification claim in the amount of $60 million. After extensive discovery, the district court granted our client's motion for summary judgment, a decision that was affirmed by the United States Court of Appeals for the Third Circuit.

· Counsel to one of world's largest software vendors in its defense of a breach of contract claim in connection with implementation of software.

· Counsel to an insurance conglomerate in its defense of a wrongful termination claim brought against it by a terminated software vendor. Following a three-week arbitration, the conglomerate prevailed on its counterclaim.

· Counsel to a designer/builder in its defense against a $28 million claim in connection with a building collapse. The case settled on confidential terms.

· Counsel to various schools and other real estate owners in connection with construction projects. Draft and negotiate owner-contractor construction contracts, owner-architect agreements, and owner-construction manager agreements for owners, contractors and design professionals.

· Counsel to a publicly traded company and its officers and directors in a securities class action lawsuit.

· Counsel to a manufacturer in its lawsuit in federal district court seeking indemnification against a component part manufacturer.

· Counsel to an individual defending a TRO/Preliminary Injunction claim based on alleged violation of non-compete and non-solicitation provisions.

· Counsel to several manufacturers in their claims against one of the largest software manufacturers in the country alleging breach of contract and fraud claims in the failed implementation of E.R.P. software. The cases settled on confidential terms.

· Counsel to a major real estate investment trust in various lease and construction disputes with tenants.

· Counsel to outside directors in a securities case brought by a United States Trustee in connection with the bankruptcy of publicly traded company.

· Lead counsel in a breach of a license agreement claim between a US based semiconductor manufacturer and a Japanese based watch manufacturer involving the sale and licensing of various patents. The case was tried under the auspices of the International Chamber of Commerce before a panel of three arbitrators, and related litigation is proceeding in the Delaware Superior and Supreme Courts.

· Lead counsel to a paintball distributor in a "bet the company" international arbitration against a Canadian paintball manufacturer. After twenty days of testimony, the arbitration panel determined that the parties' exclusive distribution agreement had been wrongfully terminated by the manufacturer and issued a multimillion-dollar award in favor of the distributor.

Professional Activities

· International Association of Defense Counsel
-Business Litigation Committee
-Construction Law Committee

· American Bar Association
-Section of Litigation
-Forum on the Construction Industry

· Pennsylvania Bar Association

· Philadelphia Bar Association

· Defense Research Institute

Experience

· Duane Morris LLP
- Partner, 1999-present
- Associate, 1990-1999

· The PMA Group, Philadelphia, Pennsylvania
- Auditor, 1985-1987

Selected Publications

· Co-Author, "Challenging Cost Claims," Proving and Pricing Construction Claims, Third Edition, 2001

· Co-Author, "Riding the Choppy Waters of East River: Economic Loss Doctrine Ten Years Later," Defense Counsel Journal, April 1997

· "Does the Personal Injury Endorsement of a CGL Policy Provide Coverage for Environmental Damages?" Counterpoint, July 1994

Selected Speaking Engagements

· Presentation, "Claim Prevention for Pennsylvania Design Professionals," Lorman Education Services, Philadelphia, Pennsylvania, March 21, 2002

· Presentation, "Pennsylvania Construction Issues: Payment and Claims Process," Lorman Education Services, Philadelphia, Pennsylvania, December 13, 2001

· Presentation, "Reliance v. Lost Profits Damages: An Examination of the Differing Legal and Damage Issues," Forensic and Litigation Services Conference hosted by the Pennsylvania Institute of Certified Public Accountants, Philadelphia, Pennsylvania, December 12, 2000

· Featured Speaker, "Legal Issues to Consider to Ensure a Successful Project," PICPA 1996 Construction Industry Conference, Philadelphia, Pennsylvania, September 26, 1996