Deena Jo Schneider

Deena Jo Schneider: Attorney with Schnader Harrison Segal & Lewis LLP AV stamp icon
Attorney Awards

Biography

Deena concentrates her practice in appeals and issue-oriented litigation. She is experienced in virtually every aspect of motion and appellate practice and often serves as a strategic advisor while a case is prepared and tried, later handling or partnering on the post-trial proceedings and appeals. She litigates in federal and state courts at all levels, including the Supreme Court of the United States, and has worked on a number of celebrated cases involving diverse procedural and substantive issues, representing both plaintiffs and defendants. She also has a significant counseling practice and regularly speaks and writes on appellate practice, antitrust and trade regulation, corporate and fiduciary conduct, and e-commerce and technology.

Other Distinctions

•Listed in The Best Lawyers in America for Appellate Law, 2008-2019; named the Appellate Practice Lawyer of the Year in Philadelphia for 2015
•Noted as a “Pennsylvania Super Lawyer” for appellate law, 2004-2006, 2009-2011, 2013, 2016-2019
•Listed in Marquis Who’s Who in America and Who’s Who in American Law, and numerous similar publications
•Listed as a Top Lawyer by Corporate Counsel
•Rated AV Preeminent by Martindale-Hubbell

News & Publications

•Schnader Lawyers Named to PA Super Lawyers and Rising Stars
•Schnader Attorneys Named to The Best Lawyers in America 2019
•Many Schnader Lawyers Named to PA Super Lawyers
•Schnader Attorneys Named to Super Lawyers 2017
•40 Schnader Attorneys Named to The Best Lawyers in America 2018
•Third Circuit Appellate Practice Manual (Third Edition)
•Many Schnader Attorneys Named to Super Lawyers 2016
•Thirty-Seven Schnader Attorneys Selected for The Best Lawyers in America 2017
•Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2016
•Thirty-Two Schnader Attorneys Selected for The Best Lawyers in America 2015
•“Making Appellate Briefs More Effective: Selecting Issues and Structuring the Argument”
•“Hiring Outside Appellate Counsel: The In-House Perspective”
•“The New “Statement of the Case” Under Revised Rule 28
•Super Lawyers Recognizes Many Schnader Attorneys in 2013
•Thirty-One Schnader Attorneys Selected for The Best Lawyers in America 2014
•“Effective Oral Advocacy: What You Really Need to Know”
•“Making Your Appellate Position More Appealing: The Importance of Framing the Issues”
•Deena Jo Schneider Authors ABA Antitrust Section’s Response to FTC Guide
•Price Discrimination Handbook
•Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2013
•Antitrust Law Developments 7th Edition
•Schnader’s Deena Jo Schnader Elected to the Board of Governors of the Bar Association of the Third Federal Circuit
•“Yours, Mine and Ours: The Evolving Relationship Between Appellate Counsel and Trial Counsel”
•Deena Jo Schneider Elected to Executive Board of the ABA’s Council of Appellate Lawyers
•Sixty-Eight Schnader Attorneys Rated AV Preeminent by Martindale-Hubbell
•Thirty Schnader Attorneys Recognized as “The Best Lawyers in America” for 2012
•Schnader Secures Appellate Victory for MRO Corp.
•Deena Jo Schneider Appointed Vice-Chair of the ABA Antitrust Section’s Pricing Conduct Committee
•Thirty-Two Schnader Attorneys Recognized as “Best Lawyers in America” for 2011
•Third Circuit Appellate Practice Manual (Second Edition)
•Many Schnader Attorneys Honored as 2009 Pennsylvania Super Lawyers
•Deena Jo Schneider Comments on Traditions at Yale
•Twenty-Eight from Schnader in Best Lawyers in America 2009
•Schnader Well-Represented in Bar Association of the Third Federal Circuit
•Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers
•Twenty-Four from Schnader in Best Lawyers in America 2008
•Schnader Attorneys Involved with New Third Circuit Appellate Practice Manual
•Schnader Appeals
•Thirty-Five Schnader Attorneys Are 2006 Super Lawyers
•Thirty-Three Schnader Attorneys Honored as ‘Pennsylvania Super Lawyers’
•Third Circuit Appellate Practice Manual
•Schnader Attorneys Feted as Super Lawyers
•Schnader Appeals: Schnader Secures Victory for UPS in Nationwide Employment Discrimination Class Action
•Schnader Lawyers Noted as ‘Pennsylvania Super Lawyers’ in 19 Categories
•Federal Appellate Procedure: 3rd Circuit

Community & Pro Bono

•Tri-County Concert Association: Vice President & Board, 2016-present
•Yale Alumni Nonprofit Alliance: National Roundtable on Best Practices, 2012-present; Philadelphia Chapter Chair, 2017; organizer, 2015-2017
•Yale Alumni Schools Committee of Philadelphia, Director 2004-present
•Yale Club of Philadelphia: President 2008-2010; Council 2004-2014; Chair of Service Committee 2008-2014
•YaleWomen, founding member; Strategic Planning Committee 2010-11; Marketing and Communications Committee 2012-2013

Related Events

•Deena Jo Schneider Presented at ABA Section of Antitrust Law Spring Meeting
•Deena Jo Schneider Presented CLE on “Embedded Appellate Counsel at the Trial Level”
•Deena Jo Schneider Organized and Moderated ABA Program “Making Appellate Briefs More Effective: Selecting Issues and Structuring the Argument”
•Deena Jo Schneider Presented at the 2013 Antitrust Institute on Discrimination in Price and Promotions
•Deena Jo Schneider Organized ABA Committee Program on “Pricing Fundamentals in Latin America - Highlighting Brazil, Chile and Mexico”
•Deena Jo Schneider Moderated Program at the 61st Annual American Bar Association Section of Antitrust Law Spring Meeting
•Deena Jo Schneider Moderated Panel on Effective Oral Advocacy at the American Bar Association’s 2013 Midyear Meeting
•Deena Jo Schneider and Cynthia G. Fischer Presented to the YANA Roundtable
•Deena Jo Schneider Moderated CLE Program “Making Your Appellate Position More Appealing: The Importance of Framing the Issues”
•Deena Jo Schneider Moderated the American Bar Association Section of Antitrust Law Webinar “Price Discrimination”
•Deena Jo Schneider Organizes the American Bar Association’s CLE Webinar “Oral Advocacy That Works: Views from the Bench and Bar”
•Deena Jo Schneider Chairs CLE Program “Tangled Web: Distribution Pricing in the Internet Age”
•Schnader Presents: Who’s Calling and Why and Who Wants to Know? Legal Issues Concerning Company Monitoring of Phone Calls and E-mails
•Deena Jo Schneider Presented at the 2011 Appellate Education Summit
•Deena Jo Schneider Participates in the Bar Association’s “Leaders of Philadelphia Area Women’s Initiatives” Program
•Schnader’s Deena Jo Schneider Presents “Bundle Discounts, Not Discrimination: Structuring Bundled and Loyalty Discounts to Comply with the Robinson-Patman Act (and Foreign Law, Too)”
•Schnader Attorneys Present “Find it Free and Fast on the Net - Strategies for Legal Research on the Web”
•Schnader’s Deena Jo Schnader Presents “E-Discovery: Now What”
•Deena Jo Schneider Speaks on “Legal Ethics in Pennsylvania: Solutions to the Most Common Ethical Challenges”

Areas of Practice (7)

  • Antitrust and Trade Regulation
  • Appellate Practice
  • Class Action
  • E-Commerce and Technology Financial Services Litigation
  • Labor and Employment Practices
  • Litigation Services
  • Securities Litigation

Education & Credentials

Contact Information:
University Attended:
Yale University, B.A., magna cum laude, 1971
Law School Attended:
Harvard Law School, J.D., 1974
Year of First Admission:
1974
Admission:
U.S. Court of Appeals for the First, Third, Eighth and Ninth Circuits; U.S. District Court for the Eastern District of Pennsylvania; 1974, Pennsylvania; Supreme Court of the United States
Memberships:

Professional Affiliations

•American Bar Association, Judicial Division, Appellate Judges Conference, Council of Appellate Lawyers: Executive Board 2011-15, 2016-present; Chair of Rules Committee, 2014-present; Chair of Membership Committee 2012-14; Long Range Planning, Programming, Appellate Judges Education Institute and Website, and Social Media Committees
•American Bar Association, Antitrust Section: Chair of Distribution and Franchising Committee, 2017-present; Vice Chair of Economics Committee, 2014-17; Vice Chair of Pricing Conduct Committee, 2011-14; Advisory Board, 2009-11
•American Bar Association, Litigation Section, Appellate Practice Committee
•Bar Association of the Third Federal Circuit, founding member; Treasurer, 2017-present; Board of Governors 2012-present; Co-Chair of Rules Committee 2012-present; Interim Chair of Website Committee, 2013-present
•Pennsylvania Bar Association: Appellate Advocacy and Women in the Profession Committees
•Philadelphia Bar Association: Appellate Courts, Federal Courts, and Women in the Profession Committees; Women's Initiative Task Force
•Supreme Court Historical Society

Birth Information:
1950
Reported Cases:
Representative Matters: Appellate Practice: Deena served as co-chair of Schnader's appellate practice for many years. Some of her notable appellate successes have involved: Bankruptcy: - defeated efforts to remove a Chapter 11 trustee based on alleged invasion of privacy and to stay proceedings based on the former company owner's Fifth Amendment rights; sustained remedies to prevent movement of assets offshore; Charter Schools: - obtained review and reversal of state diversion of school district funds to pay a charter school for students enrolled above enrollment caps in the school's charter; Conflict of Interest: - successfully defended an AmLaw 10 law firm in recusal proceedings designed to derail restructuring of a major national insurance company; Employment Discrimination: - won and preserved on appeal summary judgment for a Fortune 50 employer charged with nationwide race discrimination in managers' promotion, pay, and working conditions; secured reversals of discrimination findings and judgments for employers in bet-the-company age discrimination class actions involving pension and severance plans and in the first sex discrimination suit tried against a law firm; ERISA: - established for the first time in the U.S. Supreme Court the scope of judicial review of a plan administrator's denial of benefits and who is a plan participant; Federal Procedure -: won the first ruling from the U.S. Court of Appeals for the Third Circuit that a judgment may be altered or amended based on legal error without a prior trial motion; Information Disclosure - procured the first U.S. Supreme Court rulings precluding release of television fire data collected by manufacturers and being sought by public interest groups; Privilege and Recusal: - obtained mandamus review and orders prohibiting release of attorney-client privileged documents and directing trial judge's recusal in tobacco litigation; Public Financing -: defeated multiple challenges to municipal financing and construction of a new professional football stadium and baseball park in Philadelphia; Taxation: - obtained rulings that local government efforts to tax receipts from business activities outside the jurisdiction are unconstitutional; Trust Indentures: -won reversal of a judgment on defaulted notes based on failure to follow statutory requirements and affirmance of the dismissal of a suit concerning the collateral for the notes based on lack of personal jurisdiction and forum non conveniens; Family Law: - established law in the U.S. Court of Appeals for the First Circuit concerning child custody disputes under the Hague Convention; defeated constitutional challenges to Pennsylvania's alimony pendente lite formula and grandparent visitation statute; Section 1983: - obtained the first rulings from the U.S. Court of Appeals for the Third Circuit permitting prison guard liability for failing to prevent unconstitutional acts by fellow officers and prisoner claims for being held in administrative segregation in retaliation for filing civil rights actions and for damages for violations of their religious freedom; Complex Litigation: Some of Deena's other major cases have involved: Breach of Fiduciary Duties and ERISA: - won dismissal of nationwide class claims against a major mortgage reinsurer holding company stock in employees' retirement plan during the sub-prime crisis; defended a mega-retailer's retirement plan fiduciaries in nationwide class action alleging failure to make adequate contributions to employees' accounts; Class Actions: - limited a class based on counsel's communications to potential members and obtained permission to appeal overlapping national opt-in and state-law opt-out classes; Collection of Judgments: - defended multiple proceedings to enforce hundreds of millions of dollars in judgments against a foreign manufacturing conglomerate; Eminent Domain: - defended compensation paid by a major city for a large tract of land designated for redevelopment and later taken for use as an airport employee parking lot; Historic Preservation -: defended municipal protection of a privately owned glass mosaic mural, preventing its removal from its original location in a building under separate ownership; Securities Fraud: - successfully defended a mortgage reinsurer's disclosures during the sub-prime crisis; represented plaintiffs in adversary proceedings against an investment adviser and Chapter 11 creditor, transnational litigation and post-settlement arbitration concerning an acquisition, and a short seller's suit alleging artificial inflation of a company's stock price; Antitrust and Trade Regulation: Deena counsels clients concerning antitrust best practices and assists in developing overall strategies. She also advises on specific pricing and distribution practices; tying and exclusive dealing arrangements; market definition, analysis, and allocations; intellectual property administration; and joint ventures, mergers, and acquisitions. Her major cases have involved: Robinson-Patman Act: - defense of a major publisher in a price and promotional discrimination action, which concluded with a consent decree changing industry practices; Unfair Competition -: defense of a national waste management company in a Sherman and Lanham Act suit by a new market entrant and of a software developer in a licensee's suit under the Sherman Act and California antitrust and unfair business practice laws; Sherman Act: - defense of a major television network in long-running government litigation claiming anti-competitive practices, including negotiation of a consent decree setting new industry standards and later modification of the same in light of changing market conditions; Regulatory Proceedings: - representation of clients in administrative rulemakings, inquiries, and related appeals, including factual submissions and economic analyses as well as briefs; Business, E-Commerce and Technology Counseling: Deena has advised and represented clients of all sizes and types in multiple industries on issues ranging from governance, corporate conduct, and general business practices to specific uses of IT systems and the Internet, licensing, and technology. Her matters in this area have involved: Best Practices: - preparation of corporate codes of conduct and governance documents and briefing of organizations, management, and employees on fiduciary and other duties; Computers and Records: - drafting of policies and counseling on use of information services, e-mail, voicemail, and records, including data retention and destruction; I; nternet Use: - preparation and review of website privacy statements and terms of use and advertising and other policy statements; Contracts -: negotiation of agreements covering product and technology development, distribution arrangements, and licensing and provision of consulting and other services
ISLN:
903960425

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Philadelphia, Pennsylvania

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