Lee C. Durivage

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Lee C. Durivage: Attorney with Marshall Dennehey
  • Shareholder at Marshall Dennehey
  • 2000 Market Street, Suite 2300, Philadelphia, PA 19103
    View Lee C. Durivage's office location
  • Lee C. Durivage is an associate with Marshall, Dennehey, Warner, Coleman & Goggin. His practice revolves around the following areas of law: employment law-employer, labor law, environmental law, and toxic torts.
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Biography

Lee is a shareholder and the Chair of the Employment Law Practice Group, where he represents employers in the full spectrum of discrimination, harassment and retaliation claims, including claims pursuant to Title VII, the ADA public accommodation, the ADEA, the FMLA, whistleblower, housing discrimination and related tort claims. He is experienced in handling wage and hour lawsuits, including class and collective actions, pursuant to the FLSA, the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law. Additionally, Lee serves as the Vice Chair of the firm's School Leaders' Liability Practice Group. He routinely defends school districts, charter schools and other academic institutions in civil rights litigation, as well as in special education due process matters alleging violations of the IDEA and related federal and state statutes.

Lee serves as lead counsel for clients from a wide range of industries, including construction, manufacturing, restaurant and hospitality, education, real estate development, health care and non-profit organizations. He has served as lead counsel in a number of employment litigation matters in federal court and state court, as well as before the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, the Philadelphia Commission on Human Relations. Additionally, Lee advises clients on how to avoid employment disputes altogether by counseling them on compliance with federal, state and local laws with respect to hiring, discipline, medical leave and terminations, as well as conducting workplace investigations and creating and updating employment policies and procedures to proactively manage employee relations. In 2004, Lee graduated from Syracuse University with a double major in Communications & Rhetorical Studies and Political Science. Following graduation, he attended Widener University School of Law, receiving his juris doctor, cum laude, in 2007 and was awarded a Business Organization Law Certificate, with honors.

During his time in law school, Lee served as an administrative board member of the Delaware Journal of Corporate Law and as a member of the Moe Levine Trial Advocacy Honor Society. He joined Marshall Dennehey Warner Coleman & Goggin as a summer associate in May 2006 and continued to work with the firm during his final year of law school. Following graduation, Lee returned to the firm as an associate in August 2007.

In addition to his employment practice, Lee has experience litigating environmental, toxic tort and professional liability matters. He has been recognized as a Pennsylvania Super Lawyer: Rising Star by Philadelphia Magazine in the area of Employment Litigation: Defense in from 2012 through 2021. Rising Stars are chosen by their peers as being among the top-up-and-coming lawyers in Pennsylvania. Only 2.5 percent of Pennsylvania attorneys receive this honor each year.

Honors & awards

Pennsylvania Super Lawyers Rising Star
2012-2022

Year joined

2006

Results

Defense Verdict Obtained in Two Consolidated Matters Following a Five-Day Trial

Employment Law
August 22, 2025

We obtained a defense verdict in two consolidated matters in the Eastern District of Pennsylvania following a five-day trial before Judge Gallagher. The first plaintiff alleged he was terminated in retaliation for filing a lawsuit and that he was subjected to racial discrimination during his employment. The second plaintiff alleged he was terminated in retaliation for supporting the wage and hour claims of the first plaintiff. After deliberating for approximately two hours, the jury answered “no” on the five theories asserted by the plaintiffs.

Unanimous Defense Verdict Secured in Fourth Amendment Civil Rights Trial

Public Entity & Civil Rights Litigation
August 2, 2023

We obtained a defense verdict in a Fourth Amendment civil rights trial before Judge Michael Baylson in the Eastern District of Pennsylvania. The plaintiff alleged that a public agency violated his Fourth Amendment rights by searching and seizing his personal property after his vehicle was impounded. The defense witnesses each testified that the vehicle was never searched by the public agency and that the public agency does not have a policy or custom of searching vehicles once they are impounded, which was an essential element of plaintiff’s constitutional violation claim.

Thought Leadership

The EEOC's Litigation Under the Pregnant Workers Fairness Act

Philadelphia - Headquarters
Employment Law
November 8, 2024

EEOC's Expansion of Accommodations Under the Pregnant Workers Fairness Act

Philadelphia - Headquarters
Employment Law
December 14, 2023

On the Pulse... School Leaders’ Liability Practice Group Provides Defense, Counseling and Training Services to School Districts, Public and Private Schools And Universities

Philadelphia - Headquarters
School Leaders' Liability
June 1, 2023
Today’s headlines are replete with stories of lawsuits involving student-on-student bullying or sexual assault, denial of a student’s right to free appropriate public education, or violations of a student’s or educator’s due process or First Amend Defense Digest, Vol. 29, No.

The Federal Trade Commission’s Proposed Evisceration of Non-Compete Agreements - What the Proposed Rule Means for Employers

Philadelphia - Headquarters
Employment Law
March 1, 2023
Defense Digest

Marshall Dennehey Announces 2022 Pennsylvania Super Lawyers and Rising Stars

May 23, 2022
Thirty-four attorneys across Marshall Dennehey's six Pennsylvania offices have been selected to the 2022 edition of Pennsylvania Super Lawyers magazine.

Classes/Seminars Taught

Hot Topics in Employment Law, PBA Law Firm Administrators Conference, April 30, 2025

EPL - You Have Headaches, We Have Solutions, Public Risk Management Association Conference, Long Beach, CA, June 2023

Best Practices in Handling Employment Issues, Motor Carrier Insurance Education Foundation, November 2015

EPL Training, Berkley Mid-Atlantic Group, co-presenter, June 26, 2014

Social Media & Cyber Breaches: the Internet's Impact on Your Business, The Graham Company, co-presenter, May 2014

Publications

"The EEOC's Litigation Under the Pregnant Workers Fairness Act," The Legal Intelligencer, November 8, 2024

"EEOC's Expansion of Accommodations Under the Pregnant Workers Fairness Act," Pennsylvania Law Weekly, December 13, 2023

"The State of Class Action Waivers in Arbitration Agreements," Pennsylvania Law Weekly, November 22, 2016

"EEOC’s Proposed Guidance Expands the Scope of Retaliation," Legal Updates for Employment Law, February 2016

"Avoiding Penalties When Classifying Independent Contractors," The Legal Intelligencer, Employment Law Supplement, June 30, 2015

"Pennsylvania Employment Law Update," Counterpoint, newsletter of the Pennsylvania Defense Institute, 2008-present

"Avoiding Age Discrimination Claims in Succession Planning," The Legal Intelligencer, June 11, 2013

"When Does Striving for a Health Workforce Violate the Law?," The Legal Intelligencer, June 12, 2012

"The Continued Expansion of the ADA: The Equal Employment Opportunity Commission's Updated Regulations In Light of the Americans with Disabilities Act Amendments Act," Counterpoint, newsletter of the Pennsylvania Defense Institute, Oct. 2011

"Undue Hardship: the Employer's Burden Under the ADAAA," The Legal Intelligencer, June 15, 2011

Case Law Alerts, regular contributor, 2008-2018

Areas of Practice (6)

  • Employment Law - Employer
  • Labor Law
  • School Leaders' Liability
  • Public Entity and Civil Rights Litigation
  • Toxic Torts
  • Environmental Law

Education & Credentials

University Attended:
Syracuse University, Syracuse, New York, B.S., Communication & Rhetorical Studies, 2004; Syracuse University, Syracuse, New York, B.S., Political Science, 2004
Law School Attended:
Widener University School of Law, Wilmington, Delaware, J.D., cum laude; Widener University School of Law, Wilmington, Delaware, J.D., 2007 Business Organizations Law Certificate; Widener University School of Law, Wilmington, Delaware, J.D., With Honors; Widener University School of Law, Wilmington, Delaware, J.D., Moe Levine Trial Advocacy Honor Society; Widener University School of Law, Wilmington, Delaware, J.D., Member; Widener University School of Law, Wilmington, Delaware, J.D., Delaware Journal of Corporate Law; Widener University School of Law, Wilmington, Delaware, J.D., Articles Editor
Year of First Admission:
2007
Admission:
2007, New Jersey; 2007, Pennsylvania; 2014, U.S. District Court Middle District of Pennsylvania; 2013, U.S. District Court of New Jersey; 2007, U.S. District Court Eastern District of Pennsylvania
Memberships:

Associations & Memberships

•American Bar Association
•Pennsylvania Bar Association
•Philadelphia Bar Association

ISLN:
919574302

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Location

Contact Lee C. Durivage

Contact Information:

215-575-0856  Fax

www.marshalldennehey.com

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