Theresa E. Loscalzo

Theresa E. Loscalzo: Attorney with Schnader Harrison Segal & Lewis LLP AV stamp icon
Attorney Awards


Ms. Loscalzo is co-managing partner of the Firm and a member of the Firm’s Executive Committee. She is the co-chair of Schnader’s E-Commerce and Technology Practice Group. She is a member and former chair of the Financial Services Litigation Practice Group and is a member of the Higher Education Practice Group and Communications and Media Group.

Ms. Loscalzo has more than 30 years of experience in large and complex litigations, including merger and acquisition litigation; financial services litigation; securities litigation, including the defense of multidistrict cases; and antitrust litigation, including prosecution of Robinson-Patman and Sherman Act claims. In addition, she advises Higher Education clients on Speech Codes and the First Amendment as applied to student and faculty speech.

She serves as the Chairman of The Forum Foundation, as well as on the Board of Directors of The Forum of Executive Women, for which she chaired the Sponsorship Committee and the Membership Committee. She was recently named to the American Heart Association Go Red for Women Executive Leadership Team. Additionally, Ms. Loscalzo is a member of the Board of Philadelphia’s only all-comedy theatre, 1812 Productions. She recently completed service as a Board Member of Philadelphia VIP, which provides legal services to the indigent, and was a member of the Board of Trustees of the Walnut Street Theatre for more than a decade.

Other Distinctions

•Recipient, Pennsylvania Diversity Council’s 2015 Most Powerful and Influential Woman Award
•Recognized as a “Future Star” for Pennsylvania in Benchmark Litigation, 2013-2019
•Rated AV Preeminent by Martindale-Hubbell
•Named as a “Pennsylvania Super Lawyer” for business litigation, 2005-2007, 2009-2010, 2018
•Finalist, SmartCEO Center of Influence Award, 2016
•Listed in The Best Lawyers in America for Litigation - Mergers and Acquisitions, 2019
•Recipient of “Women of Distinction Award” from the Philadelphia Business Journal, 2018

News & Publications

•Benchmark Litigation Recommends Schnader
•Theresa E. Loscalzo Receives Philadelphia Business Journal’s 2018 Woman of Distinction Award
•Schnader Attorneys Named to The Best Lawyers in America 2019
•Many Schnader Lawyers Named to PA Super Lawyers
•Theresa Loscalzo Presents “Success Begets Success: The Importance of Women Supporting Women”
•Theresa Loscalzo Elected to Schnader’s Executive Committee
•Schnader Attorneys Named to Super Lawyers 2017
•Theresa Loscalzo Named Finalist in Center of Influence Awards
•The Supreme Court Forecloses Some, but not all, Strategies to Moot a Named Plaintiff’s Putative Class Action
•The Third Circuit Gives the Green Light to RICO Plaintiffs Seeking to Recover Payments for Prescription Drugs
•Schnader Litigation Practices and Attorneys Recognized in the 2016 Benchmark Litigation Guide
•Loscalzo Quoted in “Venerable Phila. Health Insurer Cigna acquired by Anthem”
•Theresa E. Loscalzo Received 2015 Most Powerful & Influential Woman Award
•Schnader Litigation Practices and Attorneys Recognized in the 2015 Benchmark Litigation Guide
•Theresa Loscalzo Named to the 2014-2015 Board of The Forum of Executive Women
•Seventh Circuit Addresses When Offer of Settlement Can Moot Class Representative’s Interest; Holds That Dunning Letter Offering to “Settle” an Unenforceable Debt Violates FDCPA
•Schnader Ranked as “Highly Recommended” in the 2014 Benchmark Litigation Guide
•The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?
•The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?
•FIRREA Claims Against Financial Institutions Revived
•Data Breach - Your Organization Needs a Plan
•FFIEC Proposes Guidance for Use of Social Media by Banks
•“Navigating the Procedural Hurdles in Pennsylvania Merger Litigation”
•Another Court Holds Daubert Analysis Required When Critical to Class Certification
•Schnader Harrison Segal & Lewis LLP on Shortlist for Northeast Appellate Firm of the Year and Pennsylvania Firm of the Year
•Schnader Ranked as “Highly Recommended” in the 2013 Benchmark Litigation and Appellate Guides
•Schnader Appellate Team Secures Dismissal of Misguided False Claims Lawsuit Against Covanta
•Do Not Let the Third Circuit’s Recent Decision in Liggon-Redding v. Estate of Robert Sugarman Scare You: An Alternative Method to Dispose of Meritless Legal Malpractice Actions Remains
•Sixty-Eight Schnader Attorneys Rated AV Preeminent by Martindale-Hubbell
•Schnader Obtains a Dismissal in a Matter for Covanta Holding Corp.
•Supreme Court Clarifies That Loss Causation Is Not Required to Obtain Class Certification
•Recent Second Circuit Opinion Invalidates Class Action Waiver Provision in a Commercial Contract
•Interlocutory Appeals of Denials of Motions to Dismiss in the Wake of Twombly: A New Option for the Defense?
•The “Red Flags” Rules - A Burgeoning Standard of Care for Financial Institutions
•Third Circuit: A Class Action Waiver Presents an Issue of Arbitrability to be Decided by the Court, Not by an Arbitrator
•American Needle, Inc. v. National Football League - Is Every League or Association a “Walking Conspiracy” for Purposes of Antitrust Analysis?
•Schnader’s Loscalzo and Smith Quoted in Philadelphia Business Journal Article on Legal Trends
•Schnader Attorneys Join the ACLU in Successfully Obtaining Protection of Students’ Privacy in Lower Merion School District Laptop Lawsuit
•The Third Circuit Clarifies the Robinson-Patman Act’s “Competing Purchaser” Requirement
•Third Circuit Requires Plaintiffs to Prove Causal Link and Breach of Duty in Deepening Insolvency Cases, part 1
•Super Lawyers Recognizes Many Schnader Attorneys in 2010
•Proposed Consumer Financial Protection Agency Would Lead to Seachange in Regulatory System for Financial Services
•Many Schnader Attorneys Honored as 2009 Pennsylvania Super Lawyers
•More Bad News for Mandatory Arbitration Clauses in Credit Cardholder Agreements: The U.S. Supreme Court Limits the Ability to Enforce Arbitration Agreements in Federal Court
•Delaware Court Holds That Corporate Officers Have the Same Fiduciary Duties as Corporate Directors Under Delaware Law
•Third Circuit Chimes in on Controversy Surrounding Enforcement of Mandatory Arbitration Clauses and Class Action Waivers, Holding that Certain Class Action Waivers May Be Unconscionable Under New Jersey Law
•A Less Expensive Alternative to Bankruptcy: State-Court Receiverships
•Third Circuit Clarifies Requirements for Class Certification
•Eighth Circuit Thwarts Hedge Funds from Using “Shakedown” Tactics in Declaring Default
•Update: New Red Flag Rules Require Financial Institutions to Detect and Prevent Identity Theft
•Schnader Employs a Unique Procedural Tactic to Achieve a Significant Victory Before the U.S. Supreme Court
•Second Circuit Casts Doubt on the Continued Viability of Mandatory Arbitration Clauses and Class Action Waivers in Consumer Credit Card Contracts
•Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers
•Twenty-Seven Schnader Attorneys Named 2007 Pennsylvania Super Lawyers
•Thirty-Five Schnader Attorneys Are 2006 Super Lawyers
•Thirty-Three Schnader Attorneys Honored as ‘Pennsylvania Super Lawyers’
•Schnader Attorneys Feted as Super Lawyers
•“A Safety Net for the Internet”

Community & Pro Bono

•The Forum of Executive Women, Board of Directors (2014-2018); Chair of Membership Committee (2014-2016); Chair of Sponsorship Committee (2016-2018)
•The Forum Foundation, Chairman (2018); Board of Directors (2016-2018)
•Philadelphia VIP, Board of Directors (2014-2016)
•1812 Productions, Philadelphia’s All Comedy Theatre Company, Board of Directors, (2015-present)
•Walnut Street Theatre, Trustee (1998-2013), Executive Committee (1999-2013), Chair of Annual Holiday Auction (2001, 2002); Alumni Trustee (since 2013)
•Domestic Abuse Project of Media, Volunteer (2006-2010)
•American Heart Association Go Red for Women Executive Leadership Team (2016-2018)

Related Events

•Theresa Loscalzo Presented at 2016 Philadelphia Women in Leadership Symposium
•University Speech: Not Always “Free”
•Schnader Hosted University Speech: Not Always “Free”
•Schnader Attorneys Presented at DELVACCA’s Ethics and Compliance CLE Institute
•Schnader Presents: Who’s Calling and Why and Who Wants to Know? Legal Issues Concerning Company Monitoring of Phone Calls and E-mails
•Schnader’s Schaerf, Loscalzo and Reimann Discuss What Every In-House Lawyer Should Know About Antitrust When Dealing With Distribution Issues
•Internet Use and Discovery of Electronic Records: How They Can Hurt You In Litigation
•Privacy and Other Internet, Workplace Related Issues
•Electronic Commerce

Areas of Practice (11)

  • Antitrust and Trade Regulation
  • Business Governance Litigation and Shareholder Disputes
  • Class Action
  • Corporate
  • E-Commerce and Technology
  • Financial Services Litigation
  • Internal Investigations, Ethics & Compliance
  • Privacy and Data Security
  • Securities Litigation
  • Communications and Media
  • Higher Education

Education & Credentials

Contact Information:
University Attended:
West Chester University, B.S., 1979
Law School Attended:
Widener University School of Law, J.D., summa cum laude, 1987
Year of First Admission:
Middle District of Pennsylvania; U.S. District Court for the Eastern District of Pennsylvania; U.S. Tax Court; Supreme Court of Pennsylvania; Third Circuit Court of Appeals; 1988, Pennsylvania; U.S. Supreme Court

Professional Affiliations

•The Forum of Executive Women, board member
•Forum Foundation, Board Member

Birth Information:
Reported Cases:
Representative Matters: Financial Services Litigation: Counsel for private mortgage insurer in an action filed in the Eastern District of Pennsylvania by a servicer alleging breach of contract.; Counsel for private mortgage insurer in a number of putative class actions filed across the country against mortgage lenders and private mortgage insurers alleging that private mortgage insurers entered into captive reinsurance agreements with mortgage lenders that violated RESPA.; Counsel for broker employee in Harmelin v. Man Financial Inc. et al ., a case filed in the Eastern District of Pennsylvania alleging financial fraud in connection with a hedge fund.; Counsel for affiliate of major mortgage lender in class action in Bankruptcy Court for Eastern District of Pennsylvania asserting lender and affiliates committed consumer and bankruptcy fraud by assessing post-bankruptcy fees against consumers.; Counsel for underwriter of private mortgage insurance in class action litigation pending in federal court in North Carolina, Texas, and elsewhere involving claims that the structure of the industry violates the federal Real Estate Settlement Procedures Act.; Counsel for underwriter of private mortgage insurance in class action litigation brought in federal court in the Eastern District of Pennsylvania involving claims that insurers' supposed use of consumer credit reports violated the Fair Credit Reporting Act. Result: Claims dismissed by District Court; District Court reversed by 3rd Circuit Court of Appeals; 3rd Circuit decision vacated by U.S. Supreme Court.; Counsel for one of the underwriter defendants in In re: Initial Public Offering Securities Litigation , a multidistrict securities class action in federal court in the Southern District of New York, in which plaintiffs claim that hundreds of initial public offerings and aftermarkets have been manipulated by alleged industry-wide practices.; Counsel for Resolution Trust Corporation and FDIC in professional liability and insurance claims brought under FIRREA, which arose out of the failures of Hill Financial Savings Association, Otero Federal Savings and Loan, AmeriFirst Savings Bank and Old Stone Savings Bank, including Resolution Trust Corporation v. Peat Marwick , settled globally for $185 million, and Resolution Trust Corporation v. Deloitte & Touche in the federal court for the District of Colorado.; Counsel for defendant FDIC Receiver in Hindes v. FDIC, a derivative action brought under FIRREA in federal court in the Eastern District of Pennsylvania relating to the failure of Meritor Savings Bank. Obtained dismissal of all claims against FDIC Receiver; Derivative Litigation: Counsel to IBM and its subsidiary Jasmine Acquisition Corp. in Trading Strategies Fund v. Karsan, et al, No. 2012-11460 (Chester C.C.P, Pa.), a putative class action seeking to enjoin a $1.3 billion merger between IBM and Kenexa Corporation ( Kenexa ) and demanding monetary damages from Kenexa, its board of directors and IBM claiming that the purchase price of $46 per share in cash, a 42% premium over the pre-announcement trading price of Kenexa's shares, as well as the process leading up to the merger agreement, were inadequate.; Counsel to Energy Transfer Partners, L.P., Energy Transfer Partners, G.P., L.P., Energy Transfer Equity, L.P. and SAM Acquisition Corporation ( Energy Partners ) in eight derivative and putative class action lawsuits filed in the Philadelphia Court of Common Pleas, Commerce Division, and consolidated under the caption In re Sunoco, Inc. , Phila. Ct. Com. Pl., April Term, 2012, No. 03894. These complaints sought to enjoin the acquisition by Energy Partners of Sunoco, claiming that the process leading up to the merger agreement was inadequate and that the 20% premium being paid to Sunoco's shareholders was insufficient.; Counsel for acquiring entities (Regency Energy Partners LP and related entities) in successful defense of Pennsylvania state and federal court litigation challenging the acquisition of PVR Partners, LP.; Pennsylvania counsel for acquired company Jones Group in New York state court derivative litigation.; Counsel for defendants in Rubery v. Radian Group, Inc . in Pennsylvania and federal court litigation challenging the proposed merger of Radian and MGIC.; Counsel for defendants in the successful defense of New Jersey and federal court derivative litigation over the direction of a billion dollar family-owned real estate development company.; Antitrust: Representation of several of the nation's largest chain drug stores in multiple suits alleging antitrust claims under the Robinson-Patman and Sherman Acts.; Antitrust counseling on a broad spectrum of competition and business matters.; E-Commerce and High Technology: Counseled various clients on use of social media in connection with consumer retail contests.; Counsel to equipment lease financing company in dispute with provider regarding multi-million dollar software design and installation.; Represented domain name registrar Network Solutions, Inc., the dot-com people TM, in litigation concerning pre-registration practices.; Represented a major Internet service provider in contract dispute over a link agreement.; Advised an Internet service provider (ISP) regarding liability for acts of its customers.; Drafted customer agreements for a financial institution for use in Internet banking.; Advised a financial institution on various litigation and regulatory issues involving its Internet service provider subsidiary.; Communications and Media: Counsel for Northeastern Pennsylvania Freethought Society in action filed in the federal district court of the Middle District of Pennsylvania against the County of Lackawanna Transit System asserting its refusal to allow its advertising on System's buses violated First Amendment.; Counsel in B.L. et al. v. Mahanoy Area School District representing minor B.L. and her parents in action filed in the federal district court for the Middle District of Pennsylvania against School District seeking injunctive relief for First Amendment and Due Process violations arising from disciplinary action for out-of-school speed.; Amici brief on behalf of the ACLU in Robbins v. Lower Merion School District , filed in federal court in the Eastern District of Pennsylvania, in suit against school official for allegedly using school-issued laptops with webcams to record students without their knowledge; Counseled various higher education clients in connection with First Amendment issues arising from use of social media.

Peer Reviews

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.

Documents (13)

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Philadelphia, Pennsylvania

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