Duane Morris LLP

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Duane Morris LLP is a Law Firm in Pittsburgh, Pennsylvania

Address

600 Grant Street, Suite 5010
Pittsburgh, Pennsylvania 15219-2811 (Allegheny Co.)

Phone

412-497-1000

 


Average Client Review Rating

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3.8 out of 5

Average Peer Review Rating

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4.9 out of 5


 

RESIDENT PARTNERS

Kenneth M. Argentieri (Partner) born Pittsburgh, Pennsylvania, September 16, 1955; admitted to bar, 1984, Pennsylvania; 1997, Ohio; Supreme Court of Pennsylvania; Supreme Court of Ohio; U.S. District Court for the Western District of Pennsylvania; U.S. District Court for the Northern District of Ohio; U.S. Court of Appeals for the Third Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Sixth Circuit; U.S. Supreme Court. Education: Harvard University (A.B., cum laude, 1977); Harvard Law School (J.D., 1981).

Kenneth M. Argentieri is a member of the Trial Practice Group and represents individual and corporate clients in both trial and appellate matters in a wide range of areas, including products liability, defamation, toxic tort, environmental, securities, class action and commercial law. He has served as national coordinating counsel and as regional counsel for clients in toxic tort matters.

Mr. Argentieri is admitted to practice in Pennsylvania and Ohio and regularly handles matters in federal and state courts. He is a 1981 graduate of Harvard Law School and a cum laude graduate of Harvard University.

Areas of Practice

· Trial

Representative Matters

Product Liability and Toxic Tort Litigation Experience

· Designed national defense strategy for clients in asbestos and manganese exposure cases.

· Served as national counsel for a contractor defendant in asbestos cases.

· Served as national coordinating counsel for industry group in asbestos cases.

· Obtained defense verdicts in asbestos cases as regional counsel for a manufacturing defendant.

· Defended manufacturers of hand guns, bullet resistant body armor, rifles, riding lawn mowers, punch presses, printing machines, dental appliances, gas valves, wall heaters and coal mining equipment in complex product liability cases.

· Defended steel company employer in toxic tort case where plaintiff-employee attempted to bypass the worker's compensation bar and claimed that employer intentionally injured employee.

· Defended rubber company in multiple suits alleging personal injuries from exposure to hazardous wastes that were allegedly discarded by the company.

· Defended chemical company in premises liability cases where subcontractor employees were injured and claimed unsafe working conditions; secured indemnification from contractors/subcontractors.

Securities, RICO, Class Action and Shareholder Litigation Experience

· Obtained summary judgment on behalf of broker clients in a class action securities fraud case relating to the initial public offering for a waste disposal company; also obtained attorneys' fees for client.

· Obtained summary judgment on behalf of a general partner of a real estate limited partnership in a class action RlCO case based on alleged securities, mail and wire fraud.

· Defeated class certification motion on behalf of a broker defendant in a RlCO case asserting securities fraud in connection with the offering of units in a movie limited partnership.

· Defeated class certification motion on behalf of a Web-hosting company that sent facsimile advertisements to its customers allegedly in violation of the Telephone Consumer Protection Act.

· Defended securities fraud claims against broker relating to the sale of a medical software company; secured indemnification of broker by seller.

· Obtained court dismissal of two outside directors in class action securities fraud case alleging three-tier fraud scheme by international transportation and power generation company.

· Defended company against shareholder class action alleging violations of Section 10(b) of the Securities Exchange Act and Rule 10b-5; obtained dismissal of claims on behalf of all members of the class who purchased on a foreign stock exchange, thereby reducing potential damages to a fraction of the total possible damages.

· Obtained settlement that the client found favorable on behalf of a 20% minority shareholder in a health maintenance organization based on claims of improper treatment by the majority shareholder.

· Obtained settlement that the client found favorable of national class action lawsuit alleging defects in client's bullet resistant body armor.

· Represented corporation in suit by minority shareholders alleging corporate waste and improper treatment of shareholder; obtained settlement that the client found favorable.

· Obtained dismissal of federal court class action alleging that hospital breached its obligations under its tax exempt status by overcharging poor patients.

· Obtained dismissal of state court class action alleging that hospital engaged in unfair trade practices in billing uninsured patients.

· Represented car dealership in class action case involving allegations of improper sales practices relating to rust proofing services.

Environmental Litigation and Counseling Experience

· Defended a steel company against CERCLA claim involving disposal of unused heating oil; case involved the CERCLA petroleum exclusion.

· Defended company against CERCLA claims involving alleged disposal of PCBs.

· Defended steel company against RCRA claims by EPA in connection with consent decree to remediate the steel company's plant.

· Represented company that allegedly released radioactive materials into the environment; case involved challenges to the constitutionality of municipal laws.

· Defended rubber company in multiple suits alleging personal injuries from exposure to hazardous wastes that were allegedly discarded by the company.

· Obtained Act 2 release under Pennsylvania Hazardous Substance Control Act for company that innocently purchased land that had buried hazardous substances.

Defamation/Libel Litigation and Media Law Experience

· Defended newspaper that published picture of individual different from the person described in the article.

· Defended newspaper that printed "letter to the editor" by a public figure that was allegedly not written by the public figure.

· Obtained dismissal of claim against newspaper that published article about a house fire where owner alleged that the article defamed him.

· Defended client who was alleged to be negligent in printing the wrong 800 number in telephone directories.

Commercial Litigation Experience

· Obtained settlement that client found favorable for minority shareholder of health maintenance organization against majority shareholder.

· Obtained appellate court reversal of jury verdict in a breach of contract action relating to the sale of microprocessor units for use in telephones.

· Represented corporation in suit by minority shareholders alleging corporate waste and improper treatment of shareholders; obtained settlement that the client found favorable.

· Represented Argentina company and German parent in claim by U.S. company that leather purchased by U.S. company did not meet specifications due to chemical formulations developed by Argentina company.

· Represented newspaper company in contract dispute with seller of newspaper equipment; obtained summary judgment on claim for consequential damages and case settled thereafter.

· Represented trust company in dispute with administrator of a trust; filed interpleader action to resolve dispute and obtained attorneys' fees for trust company.

· Represented bank in a variety of cases involving proper payment and collection of funds under Article 4 of the Uniform Commercial Code.

· Commenced preliminary injunction action on behalf of law firm against former attorney for the return of client files that were taken when the attorney left the firm; case settled with outcome that the client found favorable immediately preceding the preliminary injunction hearing.

Representative Appellate Experience

· Richard Vince, Jr. v. Crane Co., No. 87955 (Ohio Ct. App., 2007) (affirming summary judgment in asbestos case where plaintiff did not establish that defendant's product could have been a substantial factor in causing the asbestos disease).

· National Fuel Gas Co. v. Equimeter, Inc., No. 05-1901 (3d Cir. 2006) (affirming summary judgment for manufacturer of gas valves on claims of breach of warranty, indemnity and product liability).

· Clendenin Brothers, Inc. v. U.S. Fire Ins. Co., Misc. No. 2 (MD App. 2005) (filed amicus brief supporting insured; court ruled that "absolute pollution exclusion" does not preclude coverage for personal injury claims arising from exposure to welding fumes).

· Matthews v. Kidder, Peabodv & Co. Incorporated, 260 F.3d 239 (3d Cir. 2001) and 161 F.3d 156 (3d Cir. 1998) (RICO, securities fraud, affirming dismissal of case on basis of the statute of limitations).

· Johnston v. HBO Film Management, Inc., 265 F.3d 178 (3d Cir. 2001) (RICO, denial of class certification affirmed).

· Hallager v. Allegheny Ludlum Corp., No. 181 EDA 2000 (Pa. Super., Jan. 10, 2001) (change of venue affirmed); No 3195 EDA 2003 (Pa. Super., Dec. 27, 2004) (affirming summary judgment for employer on claim that employer fraudulently misrepresented health test results to employee).

· Werbowskv v. American Waste Services, Inc., 1998 U.S. App. LEXlS 31984 (6th Cir. 1998) (securities fraud, summary judgment affirmed).

· Wheeling Pittsburgh Steel Corporation v. U.S.E.P.A., 1997 U.S. App. LEXlS 31462 (4th Cir. 1997) (interpretation of prior consent decree in context of a subsequent RCRA administrative order).

· Stevens v. A-Best Products Company, No. 519 Pgh. 1993 (Pa. Super. Jan. 21, 1994) (affirming defense trial verdict in asbestos cases).

· National Controls Corp. v. National Semiconductor Corp., 833 F.2d 491 (3d Cir. 1987) (reversal of jury verdict for plaintiff, no causation of damages).

· Botti v. Southwest Butler County School Dist., 529 A.2d 1206 (Pa. Cmwlth. 1987) (mandamus, right to a hearing where there is an alleged demotion).

· Weinzierl v. Weinzierl, No. 1615 WDA 2001 (Pa. Super. May 30,2002) (Protection from Abuse Act, reversal of trial court's order dismissing petition - pro bono representation).

Professional Activities

· Academy of Trial Lawyers of Allegheny County

· Allegheny County Bar Association - Board of Governors, 2006-2009

· American Bar Association

· Pennsylvania Bar Association - House of Delegates, 2000-2003

· Product Liability Advisory Council

Experience

· Duane Morris LLP - Partner, 2007-present

· K&L Gates - Partner, 1990-2007 - Associate, 1984-1990

· Garvey Schubert Adams & Barer - Associate, 1982-1984

· Clerk, Honorable Frank J. Battisti, Chief Judge - U.S. District Court for the Northern District of Ohio, 1981-1982

Civic and Charitable Activities

· Neighborhood Legal Services Association - Board of Directors, 1998-2006 - President, 2002-2004

· Allegheny County Bar Foundation - Board of Trustees, 1997-2004, 2007-present - Treasurer, 2000-2004

· Sheldon Calvary Camp - Chancellor, 2002-Present

· Duquesne University School of Law - Adjunct Professor, 1998-1999

· Leadership Pittsburgh XVI

Honors and Awards

· Allegheny County Bar Association - Special Project Award-Inside Your Courts, 1995

· Allegheny County Bar Association - Pro Bono Special Achievement Award, 1998

· Philadelphia Magazine - Pennsylvania Super Lawyer - 2004, 2005, 2006, 2007, 2008, 2009

Selected Publications

· Co-author, "Contacting Corporate Employees," Chapter 37 of Product Liability Litigation: Current Law, Strategies and Best Practices, Practising Law Institute, 2009

· Co-author, "Have You Registered Under MMSEA? New Reporting Obligations and Penalties for Medicare Secondary Payers," Duane Morris Alert, October 15, 2009

· Co-author, "Equity, Injunctions and Emergency or Provisional Remedies," Chapter 8 of Fundamentals of Pennsylvania Civil Practice and Procedure, Pennsylvania Bar Institute, 2003

· Co-author, "U.S. Supreme Court Clarifies Constitutional Limits on Punitive Damage Awards," Product Liability Alert, April 2003

· Co-author, "The RICO Amendment of Private Securities Litigation Reform Act: Why it Applies Retroactively," Civil RICO Report, December 25, 1996

Member: Academy of Trial Lawyers of Allegheny County; Allegheny County Bar Association (Member, Board of Governors, 2006-2009; Board of Trustees, 1997-2004, 2007—; Treasurer, 2000-2004); American Bar Association; Pennsylvania Bar Association (House of Delegates, 2000-2003); Product Liability Advisory Council.

Practice Areas: Appellate Practice; Civil RICO; Media Law; Products Liability; Securities Litigation; Trial Practice; Alternative Dispute Resolution; Class Actions; Commercial Litigation; International Law.Email: Kenneth M. Argentieri

Cynthia A. Baldwin (Partner) born 1945; admitted to bar, 1980, Pennsylvania; U.S. Supreme Court. Education: The Pennsylvania State University (B.A., 1966); The Pennsylvania State University (M.A., 1974); Duquesne University School of Law (J.D., 1980).

Cynthia A. Baldwin has close to thirty years' experience in trial and appellate litigation. Joining Duane Morris in 2008 after retiring from the judiciary, Ms. Baldwin consults on trial and appellate litigation and mediates complex cases with special focus on products liability, medical negligence and commercial cases. Ms. Baldwin is a neutral with both the American Arbitration Association (AAA) and the United States District Court, Western District of Pennsylvania. She also practices in the area of non-profit governance, working with a variety of organizations from churches to colleges and universities.

A member of Law Review at Duquesne Law School, Fulbright Lecturer and Guest Scholar at the Brookings Institution, Ms. Baldwin was a trial judge in the Allegheny County Court of Common Pleas for 16 years before being appointed to the Pennsylvania Supreme Court by Governor Rendell. A distinguished public servant, she previously served as Attorney-in-Charge and Deputy Attorney General, Western Regional Office of Attorney General, Bureau of Consumer Protection. Ms. Baldwin is a member of the Board of Trustees of the Pennsylvania State University, which she chaired from 2004-2007 and a director emerita of the Duquesne University's Board of Directors. She currently chairs the Association of Governing Boards of Colleges and Universities (AGB) in Washington, DC. Ms. Baldwin was a professor at Duquesne University School of Law and has lectured and taught extensively both in the United States and internationally.

Professional Activities

· American Bar Association

· Allegheny County Bar Association

· Pennsylvania Bar Association

· Pennsylvania Commission on Judicial Independence

· Pennsylvania Conference of State Trial Judges
- Judicial Ethics Committee, 2004-2006
- Education Committee, 1991-1993

· Pennsylvania Commission on Sentencing

· Pennsylvania Commission on Crime and Delinquency
- Gubernatorial Appointee, 1990-2002

· National Association of Women Judges

· International Association of Women Judges

· International Women's Forum

· Homer S. Brown Law Association
- Board of Governors, 1994-1997
- Executive Board, 1993-1994

· American Judicature Society

· American Inn of Court
- Master

Experience

· Duane Morris LLP
- Partner, 2008-present

· Supreme Court of Pennsylvania
- Justice, 2006-2008

· Allegheny County Court of Common Pleas
- Judge, 1990-2006

· Palkovitz and Palkovitz
- Attorney, 1987-1989

· Duquesne University School of Law
- Adjunct Professor of Law, Legal Research & Writing, 1984-1986

· Commonwealth of Pennsylvania, Office of the Attorney General
- Attorney-in-Charge, Western Regional Office, 1983-1986
- Deputy Attorney General, 1981-1983

· Neighborhood Legal Services
- Staff Attorney, 1980-1981

Board Memberships

· Penn State University
- Board of Trustees, Immediate Past Chair, 2007
- Board of Trustees, Chair, 2004-2007

· Penn State University, McKeesport (name changed to Penn State Greater Allegheny)
- Executive Committee, 1985-present
- Advisory Board, 1983-present

· Duquesne University
- Director Emerita
- Board of Directors, 1996-2005
- Executive Committee, 1997-2004
- President, Law Alumni Board, 1996-1997
- President-Elect, Law Alumni Board, 1995-1996
- Law Alumni Board, 1994-1999

· Pennsylvania Conference of State Trial Judges
- Judicial Ethics Committee, 2004-present
- Education Committee, 1991-1993

· Fulbright Association
- Board of Directors, 2006-present

· Association of Governing Boards of Colleges and Universities
- Board of Directors, 2004-present
- Vice Chair
- Secretary, 2006

· United Way of Allegheny County
- Executive Committee, 1996-2005
- Board of Directors, 1993-2005

Civic and Charitable Activities

· Co-Chair of the Allegheny County/City of Pittsburgh Complete Count Committee for the 2010 Census

· Animal Friends
- Advisory Board

· Magee-Women's Hospital
- Board of Directors, 1994-1995

· Mon Valley Education Consortium
- Advisory Board

· Pittsburgh Founders Council
- Board of Directors, 1993-1994

Honors and Awards

· Honoree, "Women Shaping the Law: The Art of Justice," Women and Girls Foundation, November 2009

· Recipient of the Women Who Make a Difference Award from the International Women's Forum, 2009

· Recipient of the Anne X. Alpern Award from the Pennsylvania Bar Association Commission on Women in the Profession Committee, 2009

· Listed in Marquis 2009 Who's Who in America

· Listed in 2008-2009 Marquis Who's Who of American Women

· Allegheny County Bar Association's Women in the Law Division
- Mansmann Helping Hand Award, 2008

· Greater Mon Valley
- Lifetime Achievement Woman of the Year Award, 2007

· Greater Pittsburgh ATHENA Award Recipient, 2007

· Herbert B. Cohen Chapter of The American Inns of Court
- Robert I. Shadle Legal Excellence and Professionalism Award, 2007

· Widener University School of Law
- Doctor of Laws, honoris causa, 2007

· Penn State Dickinson School of Law
- Judge Sylvia H. Rambo Award, 2007

· Pennsylvania Bar Association Minority Bar Committee
- A. Leon Higginbotham Award, 2006

· Point Park University
- Honorary Doctorate

· Barrister's Association
- A. Leon Higginbotham Award, 2006

· Carlow University
- Honorary Doctorate

· Carlow University
- Woman of Spirit, 2004

· Distinguished Daughter of Pennsylvania, 1996

· Outstanding Achievement Award, Duquesne Law School Alumni Association, 1996

· Distinguished Alumna, Penn State, 1995

Selected Publications

· "All About Family Court," An Answer and Activity Book for Children in Court, 1999

· "Land Distribution in Zimbabwe," Civil Litigation Update, Vol. 3, No. 3, p. 6, 1998

· "Avoiding Abuse (of and under state and federal acts)," Pittsburgh Legal Journal, p. 1, 1994

· "Professionalism," Pittsburgh Legal Journal, Vol. 139, No. 2, p. 43, 1991

· "Silhouettes," (History of African Americans in the Allegheny County Court System), Pittsburgh Legal Journal, p. 3, 1989

Selected Speaking Engagements

· Panelist, "Ready, Set, Go, Get Business," Pennsylvania Bar Association Minority Bar Committee Business Development Subcommittee program, Pittsburgh, Pennsylvania, September 3, 2009

· Moderator, "Sustainable Cities & Economies of the Future/Africa on the Horizon - Today for Tomorrow," International Women's Forum World Leadership Conference, Pittsburgh, Pennsylvania, October 17, 2008

· "Freedom of Expression in Guinea," Research Institute on Democracy in Rule of Law, Conakry, Guinea, August 6-8, 2007

· Panelist, "Religion, Tradition and Judging," 2006 International Association of Women Judges Conference on Judicial Independence, Sydney, Australia, May 6, 2006

· "Do the Right Thing: Ethics on the Job, in our Relationships, and in our Personal and Public Lives," St. Andrew's Lecture, St. Andrew's Episcopal Church, Pittsburgh, Pennsylvania, September 30, 2005

· "Experiencing Life, Sacrifices and Contributions," Duquesne University Dinner for Parents of Freshman, August 13, 2004

· "The Right Chemistry," Women's Luncheon, Central Regional Meeting of the American Society, October 21, 2003

· "Do the Right Thing," Downtown Duquesne University Alumni Luncheon, March 27, 2003

Member: American Bar Association; Allegheny County Bar Association; Pennsylvania Bar Association; Pennsylvania Commission on Judicial Independence; Pennsylvania Conference of State Trial Judges (Member: Judicial Ethics Committee, 2004-2006; Education Committee, 1991-1993); Pennsylvania Commission on Sentencing; Pennsylvania Commission on Crime and Delinquency (Gubernatorial Appointee, 1990-2002); National Association of Women Judges; International Association of Women Judges; International Women's Forum; Homer S. Brown Law Association (Member: Board of Governors, 1994-1997; Executive Board, 1993-1994); American Judicature Society; American Inn of Court (Master).

Email: Cynthia A. Baldwin

Albert Bates, Jr. (Partner) born Brownsville, Pennsylvania, October 11, 1961; admitted to bar, 1987, Pennsylvania; 1989, District of Columbia; U.S. Supreme Court; U.S. Court of Appeals, Third, Fifth, Sixth, Eleventh and District of Columbia Circuits; U.S. Court of Federal Claims; U.S. District Court, Western District of Pennsylvania. Education: Washington & Jefferson College (B.A., cum laude, 1983) James C. McGregor Scholar; Vanderbilt University, Owen Graduate School of Management (M.B.A., Finance, 1987) Beta Gamma Sigma; Vanderbilt University Law School (J.D., 1987) Associate Articles Editor, Vanderbilt Journal of Transnational Law.

Albert Bates, Jr. focuses his practice on construction litigation and domestic and international arbitration matters. He has extensive litigation and arbitration experience, with an emphasis on the resolution of construction claims, commercial contract matters and other complex technical, environmental and business disputes. He has represented multinational corporations, domestic and international owners, EPC contractors, general contractors, subcontractors, engineers, equipment manufacturers, and lending institutions on a wide variety of construction projects, including power plants, chemical plants, pharmaceutical projects, steel mills, coke and by-product recovery plants, other industrial and manufacturing facilities, mass transit and highway projects, airports, mixed-used facilities, and sports and entertainment venues. In addition to representing clients on various federal and state courts, Mr. Bates has represented clients in arbitrations under the rules of the American Arbitration Association, the International Centre for Dispute Resolution, JAMS, the International Chamber of Commerce, the CPR Institute for Dispute Resolution and in private arbitrations.

Mr. Bates also regularly serves as an arbitrator and mediator. He is a Fellow in the College of Commercial Arbitrators, and serves as a neutral for the American Arbitration Association, the International Centre for Dispute Resolution, and the CPR Institute, and on a non-administered basis. Mr. Bates has served as a neutral on more than 125 occasions, including matters with amounts in controversy approaching $100 million.

Mr. Bates serves as a member of the Board of Directors of the American Arbitration Association. He also serves as Chairman of the National Construction Dispute Resolution Committee, a group of representatives from more than thirty prominent constructions industry professional organizations that advise and consult with the American Arbitration Association on conflict management and dispute resolution practices, processes and procedures for the construction industry.

Mr. Bates is listed in The Best Lawyers in America in the areas of Alternative Dispute Resolution and Construction Law. He also has been recognized as a Pennsylvania Super Lawyer by Philadelphia Magazine since 2004 in the field of construction litigation.

Admitted to practice in Pennsylvania and the District of Columbia, Mr. Bates is an active member of the American, International, Pennsylvania and Allegheny County Bar Associations. He is a 1987 graduate of Vanderbilt University School of Law, where he was associate articles editor for the Vanderbilt Journal of Transnational Law, and a graduate of Vanderbilt University, Owen Graduate School of Management (M.B.A., Finance), and Washington & Jefferson College (B.A., cum laude).

Areas of Practice

· Arbitration and Mediation

· Construction Litigation

· Commercial Litigation

· International Arbitration and Dispute Resolution

· Professional Liability Litigation

· Environmental Litigation

Representative Matters Construction

· Power Plant: Representation of a leading global provider of engineering and construction services in a series of claims arising from engineering, procurement, and construction of a 790 MW coal-fired electric generating facility in Council Bluffs, Iowa.

· Power Plant: Representation of a leading global provider of engineering and construction services in a series of disputes arising from the engineering, procurement, and construction of a 310 MW combined-cycle power plant in Burbank California.

· Norwegian Naval Vessels: Represented the controls, packaging, and ancillary functions subcontractor in a delay, disruption, and inefficiency claim against the contractor for the propulsion systems for Skjold Class Missile Fast Patrol Boats for the Royal Norwegian Navy.

· Highway and Bridge Project: Prosecution of claim for engineering additional fees for Michael Baker Jr., Inc., and defense of breach of contract and engineering negligence action by PennDOT relating to the Market Street Bridge Construction in Williamsport, Pennsylvania.

· Sinter Plant: Represented United States Steel Corporation in a breach of contract, breach of warranty, and engineering negligence action involving deficiencies in the design and construction of a sinter plant emissions control system.

· Nuclear Remediation: Represented Southern California Edison in defense of claims by its demolition contractor on certain demolition and disposal work at a decommissioned nuclear power facility in California.

· Power Plant: Represented the general contractor in two cases arising from the construction of a combined cycle power plant near Reading, Pennsylvania. The representation involved defending the general contractor against claims by its piping and electrical subcontractors, and prosecuting various claims against the Owner.

· Pharmaceutical Plant: Represented PPG Industries in a series of arbitration proceedings related to the design and construction of a pharmaceutical intermediate plant in LaPorte, Texas.

· Assel Mill: Represented SMS Demag, Inc. and SMS Meer GMBH in two related cases arising from the supply and installation of an assel and stretch reducing mill in Rosenberg, Texas. In addition to other issues, the case involved novel issues of arbitration law.

· Universal Studios Florida: Represented Baker Mellon Stuart Construction Inc., the general contractor, in a series of related cases in federal and state court in Florida arising from the construction of the Universal Studios Florida "CitiWalk" Project. The two most significant cases arising from this project involved defense of claims by the structural subcontractor against Baker, and the prosecution of claims against the project architect and engineer.

· Steel Mill: Represented Mannesmann Demag et al., the EPC Contractor for the construction of Greenfield steel plant in Davenport, Iowa, against nearly $300 million in claims for breach of contract, breach of warranty, breach of performance guarantees, and lost profits asserted by IPSCO Steel, Inc.

· Pennsylvania Capital Addition: Represented the Commonwealth of Pennsylvania in a series of disputes arising from the construction of a $125 million addition to the State Capitol Building.

· Steel Mill Dismantling: Represented a dismantling contractor in a $70,000,000 loss of productivity and lost profits claim arising from the owner's alleged actions and/or inactions on ten large dismantling projects throughout the eastern United States.

· Mixed Use Complex: Represented an architectural joint venture and its consulting engineers in a multi-million dollar loss of productivity and additional services claim against the owner/developer of a convention center hotel, office, and retail complex in Pittsburgh.

· Subway Tunnel: Represented the Port Authority of Allegheny County in a multi-million dollar delay, impact, and differing site condition claim by the general contractor and its tunneling subcontractor on the Mt. Lebanon Tunnel for the Authority's Light Rail Transit System.

· Public Transit Authority: Represented the Port Authority of Allegheny County in a number of construction and commercial arbitration matters administered by the American Arbitration Association. Examples include bid protests, delay, impact, differing site conditions, loss of productivity, extra work, and inefficiency claims, error and omission claims, design deficiency claims, and a variety of other types of disputes.

Other Representative Matters

· Supply Contract: Representation of U.S. producer of alumina in a breach of contract action against a United Arab Emirates metals trading company and its Indian parent for refusing to accept delivery of the contracted quantities of alumina.

· Asset Sale: Representation of Baker Heavy & Highway and its parent, Michael Baker, Inc. in a breach of contract, breach of warranty, and indemnification action arising from the sale of certain assets of Baker Heavy & Highway, Inc.

· Asset Sale: Defense of potential purchaser of a collection of business involved in the manufacture, sale, service, and maintenance of sport fishing vessels in North Carolina.

· Bankruptcy Matter: Representation of the Official Committee of Unsecured Creditors in connection with the investigation and assessment of the validity and avoidability of certain security interests of the secured lenders, and assessment of potential claims against the directors and officers of the Debtor.

· Trade Secrets: Representation of Danieli Corp. and Danieli & C. SpA in a case involving the procurement and construction of two cut-to-length sheet steel lines for a Swedish steel manufacturer. Plaintiff was a disappointed bidder that alleged, among other things, that the Danieli entities misappropriates their trade secrets during the bidding process.

· Bankruptcy Matter: Representation of PNC Bank, the secured lender, in an adversary proceedings to recover for deterioration of cash collateral as a result of the failure of Visteon Corporation and Delphi Automotive Systems, LLC, to adequately provide post-petition debtor-in-possession financing to a Tier 2 automotive supplier.

· Environmental Cost Recovery: Representation of former owner of a coke and coal chemical by-product recovery and refining plant in an environmental cost recovery action in Birmingham, Alabama.

· Asset Sale: Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1974 asset purchase agreement.

· Insurance Coverage: Representation of North River Insurance Company in a $20,000,000 insurance coverage matter involving whether current owner had any interest in, or is otherwise afforded coverage by, umbrella and excess umbrella policies issues to former owner prior to the divestiture of certain business units when former owner remained in business and sought to apply coverage to other potential losses.

· Asset Sale: Representation of Beazer East, Inc., in a $20,000,000 arbitration arising from the leveraged buy-out of the Commercial Roofing Division of Koopers Company, Inc. This arbitration involved whether the purchaser had agreed to assume, and indemnity the seller against certain commercial roofing warranty and product liability claims.

· Environmental Cost Recovery: Representation of former owner in an environmental cost recovery action involving a coke and coal by-product recovery and refining plant in Toledo, Ohio.

· Asset Sale: Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1978 asset purchase agreement.

· Insurance Coverage: Representation of general contractor in an insurance coverage dispute arising under a "wrap-up" insurance policy as a result of the failure of structural members during the construction of the Greater Pittsburgh International Airport.

Professional Activities

· Fellow of the College of Commercial Arbitrators, 2009-present

· American Arbitration Association/International Centre for Dispute Resolution
- Member, Board of Directors
- Chair, National Construction Dispute Resolution Committee
- Panel of Master Construction Arbitrators
- ICDR International Arbitrator
- Construction and Commercial Arbitrator and Mediator
- AAA Arbitration Advocacy Trainer
- AAA Arbitration Ethics and Disclosure Trainer
- Program Faculty at various AAA and ICDR national and regional programs

· CPR Institute for Dispute Resolution
- International Arbitrator and Mediator
- Construction Arbitrator
- CPR Construction Advisory Committee
- Drafting Committee, CPR Expedited Construction Rules
- CPR International Arbitration Committee
- CPR Arbitration Rules Revision Committee

· London Court of International Arbitration
- North American Users Group

· International Bar Association
- Arbitration Committee
- International Construction Projects Committee

· American Bar Association
- ABA Construction Litigation Committee Delegate to National Construction Dispute Resolution Committee
- Forum on the Construction Industry
- Litigation Section, Committee on Construction Litigation
- Dispute Resolution Section
- International Law Section

· Pennsylvania Bar Association
- Council Member, Civil Litigation Section
- Commercial Arbitration and Mediation Committee

· Allegheny County Bar Association
- Vice Chair, Construction Law Committee
- Member, Civil Litigation Section

Experience

· Duane Morris LLP
- Partner, 2007-present

· Reed Smith LLP
- Partner, 2000-2007

· Babst Calland Clements & Zomnir, P.C.
- Associate, 1993-1994
- Shareholder, 1995-2000

· Eckert Seaman Cherin & Mellott, LLC
- Associate, 1987-1993

Honors and Awards

· Listed in Super Lawyers Corporate Counsel Edition, May 2009

· The Best Lawyers in America 2007 & 2008 - Construction Law; 2009 - Construction Law and Alternative Dispute Resolution

· Best Lawyers International - International Arbitration and Mediation

· Pennsylvania Super Lawyers, 2004-present - Construction Law

Selected Publications

· 2008 Update to "Non-signatories and International Arbitration: Understanding the Paradox," presented at CILS 5th Biennial Symposium on International Arbitration, Salzburg, Austria (June 2008) (to be published).

· "Arbitrator Disclosure Obligations Under 2004 IBA Guidelines on Conflicts of Interest," International Arbitration and Mediation - From the Professionals Perspective (Alibekova & Carrow, Eds. ) (Yorkhill Law Publishing 2007).

· "Large, Complex Construction Disputes: The Dynamics of Multi-Party Mediation," 62 Dispute Resolution Journal 36 (American Arbitration Association May/July 2007).

· "Non-Signatories and International Arbitration: Understanding the Paradox," Comparative Law Yearbook of International Business (Kluwer Law International 2007) (Chapter Author).

· "The Benefits of a Proactive Approach," Inside the Minds: Construction Law Settlements and Negotiation (Aspatore Books 2007) (Chapter Author).

· "Still the Arbitrator's Call: U.S. Supreme Court Rules that Arbitrators, Not Courts, Should Decide the Validity of an Allegedly Void or 'Illegal' Contract," IBA Arbitration Newsletter (September 2006).

· "U.S. Supreme Court Rules that Arbitrators, Not Courts, Should Decide the Validity of an Allegedly Void or 'Illegal' Contract," PBA Civil Litigation Update (Spring 2006).

· "Arbitration in a Global Economy: Managing Information Exchange to Expedite International Commercial Arbitration Hearings," Yorkhill Law Publishing, 2005

· "Non-Party Discovery in Commercial Arbitration: Legal Hurdles and Practical Suggestions," Pennsylvania Bar Association Civil Litigation Section Newsletter, Fall 2005

· Co-author, "Asset Purchases, Successor Liability, and Insurance Coverage: Does the Tail Always Follow the Dog?" West Virginia Law Review, 1998

· "Natural Resource Damage and Third-Party Personal Injury and Property Damage Claims: Litigation Issues Which Linger After a Successful Brownfields Project," American Bar Association Toxic Tort and Environmental Litigation Newsletter, August 1998

· "RCRA's Imminent Hazard Citizen Suit Provision After the Ninth Circuit's Ruling in 'Meghrig,'" Toxic Law Reporter, June 21, 1995

· "An Overview of the Integration of RCRA's Imminent Hazard Citizen Suit Provision with CERCLA's Cost Recovery Provisions After KFC Western v. Meghrig," Environmental Reporter, April 28, 1995

Selected Speaking Engagements

· "Ethical Considerations for Advocates in Construction Arbitration," AAA 2009 Spring Construction Conference, New York City, May 29, 2009

· "Large, Complex Construction Disputes: The Dynamics of Multi-Member Mediation Teams," 2009 AAA/ICDR Neutrals Conference, Coronado, California, February 27-28, 2009

· "Are You Ready for International Arbitration? How to Prepare and Present Construction Disputes Before the ICC, LCIA, ICDR and other International Forums," 2008 Construction SuperConference, San Francisco, December 11, 2008

· "ADR Works," American Arbitration Association 2008 Construction Conference, Chicago, November 6, 2008

· "Non-signatories and International Arbitration: Understanding the Paradox," CILS 5th Biennial Symposium on International Arbitration, Salzburg, Austria, June 19-22, 2008

· "ADR Works: Choosing the Right Resolution Option," 2008 American Arbitration Association Construction Conference, New York, May 29, 2008

· "What You Can't Not Know," The AAA Construction Mediation Conference, Marina del Rey, California, November 9, 2007

· "AAA Arbitration Roadmap: The Standard for Efficient and Cost-Effective Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, September 20, 2007

· "Large, Complex Construction Disputes: The Dynamics of Multi-Member Mediation Teams," American Arbitration Association Construction Mediation Conference, Miami, Florida, March 30, 2007

· "Developments in International Arbitration in Europe," International Centre for Dispute Resolution, Philadelphia, Pennsylvania, December 6, 2006

· "Best Practices in Construction Arbitration," Allegheny County Bar Association, Pittsburgh, Pennsylvania, December 1, 2006

· "Enforcement of International Arbitration Awards," International Centre for Dispute Resolution, Washington, D.C., November 15, 2006

· "Arbitration Duties of Disclosure: US, UK, and Continental European Practices," CILS Fourth Biennial Conference on International Arbitration, Salzburg, Austria, June 14-18, 2006

· "A Dialogue with the Leading Arbitral Institutions," Showcase Program, ABA Section of International Law, New York, April 6, 2006

· "Effective Presentation of Delay Claims to Construction Arbitrators," ABA Section of Litigation Joint Meeting, Alternative Dispute Resolution and Construction Litigation Committees, Law Vegas, Nevada, November 10, 2005

· "Update on Construction Arbitration Developments," Pennsylvania Bar Institute, Pittsburgh, Pennsylvania, November 1, 2005

· "Advanced Issues in Construction Arbitration," 2005 Neutrals Conference, American Arbitration Association, Philadelphia, Pennsylvania, September 16-17, 2005

· "Topical Issues in International Arbitration," 2005 International Centre for Dispute Resolution, 2005 Forum on International Arbitration, Philadelphia, Pennsylvania, July 14, 2005

· "Topical Issues in International Arbitration," 2005 International Centre for Dispute Resolution Forum on International Arbitration, Pittsburgh, Pennsylvania, July 13, 2005

· "Dispute Resolution in the International Arena," American Corporate Counsel Association, Pittsburgh, Pennsylvania, April 21, 2005

· "Best Practices in Complex Construction Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, November 18, 2004

· "Arbitrator Ethics and Disclosure Requirements," American Arbitration Association, Pittsburgh, Pennsylvania, November 11, 2004

· "Building ADR for the Better," 2nd Annual National Forum on the Construction Industry, Orlando, Florida, November 4, 2004

· "Designing Your Remedy: Maximizing the Effectiveness of an Arbitration Clause," American Arbitration Association, Pittsburgh, Pennsylvania, October 28, 2004

· "Advanced Concepts in Construction Delay & Disruption Disputes," Pennsylvania Bar Institute, Pittsburgh, Pennsylvania, July 28, 2004

· "Managing Information Exchange to Expedite International Commercial Arbitration Hearings," CILS Third Biennial Conference on International Commercial Arbitration and ADR, Salzburg, Austria, June 10-13, 2004

· "Expert Advice for the Expert Witness in Construction ADR," American Arbitration Association, Pittsburgh, Pennsylvania, December 5, 2003

· "Arbitration Advocacy for Attorneys: A Guide to Case Preparation & Presentation in Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, November 6, 2003

· "U.S. Perspectives on International Dispute Resolution," International Centre for Dispute Resolution Forum on Arbitration of International Commercial Disputes, Pittsburgh, Pennsylvania, December 12, 2002

· "Pennsylvania Mechanics' Lien, Payment and Surety Bond Law," Lorman Educational Services, Pittsburgh, Pennsylvania, March 1, 2002

· "Corporate E-Mail: Addressing Risk Reduction and Electronic Record Retention Issues," Lorman Educational Services, Pittsburgh, Pennsylvania, December 6, 2001

· "ADR in the Construction Industry," Lorman Educational Services, East Brunswick, New Jersey, July 27, 2000

Fellow: College of Commercial Arbitrators.

Member: American Arbitration Association/International Centre for Dispute Resolution (Member, Board of Directors; Chair, National Construction Dispute Resolution Committee; Panel of Master Construction Arbitrators; ICDR International Arbitrator; Construction and Commercial Arbitrator and Mediator; AAA Arbitration Advocacy Trainer; AAA Arbitration Ethics and Disclosure Trainer); CPR Institute for Dispute Resolution (International Arbitrator and Mediator; Construction Arbitrator; CPR Construction Advisory Committee; Drafting Committee, CPR Expedited Construction Rules; CPR International Arbitration Committee; CPR Arbitration Rules Revision Committee); London Court of International Arbitration (North American Users Group); International Bar Association (Arbitration Committee; International Construction Projects Committee); American Bar Association (Construction Litigation Committee Delegate to National Construction; Dispute Resolution Committee; Forum on the Construction Industry; Litigation Section, Committee on Construction Litigation; Dispute Resolution Section; International Law Section); Pennsylvania Bar Association (Council Member, Civil Litigation Section; Commercial Arbitration and Mediation Committee); Allegheny County Bar Association (Vice Chair, Construction Law Committee; Member, Civil Litigation Section). Practice Areas: Litigation; Construction; International Law; Alternative Dispute Resolution; Environmental Law.Email: Albert Bates, Jr.

Edward B. Gentilcore (Partner) born March 25, 1963; admitted to bar, 1987, Pennsylvania; U.S. Supreme Court; U.S. Court of Appeals for the Third Circuit; U.S. District Court for the Eastern and Western Districts of Pennsylvania; Pennsylvania Supreme Court. Education: University of Pittsburgh (B.A., cum laude, 1984); University of Pittsburgh School of Law (J.D., cum laude, 1987) Order of the Coif; Order of the Barristers; Business Editor, University of Pittsburgh Law Review.

Edward B. Gentilcore is vice chair of Duane Morris' Construction Group. Mr. Gentilcore practices in the areas of construction law and complex commercial litigation with a considerable emphasis on construction litigation, construction contracts, green building and mechanic's lien matters. Mr. Gentilcore has represented owners, developers, architects, engineers, contractors, construction managers, specialty trade contractors, subcontractors and material suppliers in construction-related matters, including those involving design-build, delays, extras, contract negotiation and compliance, construction safety, insurance, surety, payment and mechanic's liens issues. He also has considerable experience in the preparation of design and construction contracts, with a focus on dispute prevention considerations. Mr. Gentilcore has handled a variety of matters involving sports, educational, utility, hotel, industrial, institutional and multi-use residential and commercial office facilities.

Another unique facet of Mr. Gentilcore's practice involves the design and construction of buildings that have pursued green design, construction and rating recognition. He is a LEED® AP (Leadership in Energy and Environmental Design Accredited Professional) under the U.S. Green Building Council's Green Building Rating System. Also, Mr. Gentilcore serves as a co-chair of the ConsensusDOCS Committee charged with the development of a new Green Building Addendum for use on a wide variety of green building projects.

Recognized as a Pennsylvania Super Lawyer in Construction and Surety Law, Mr. Gentilcore has authored seminar materials and delivered numerous educational presentations on various topics related to construction and surety law around the United States. Recent presentations include "Jury Instructions in Construction Litigation: Challenges in Crafting Compliant and Convincing Charges in Construction Cases," delivered in San Diego, California; "From Blueprints Through Red Tape to Green Buildings and All the Colors in Between (and Hopefully Beyond): Practical and Contractual Considerations on Your Road to LEED™ Certification," presented in Florida, New York and Pennsylvania; "Veni, Vidi, Vici, Verdigris--Building Green," presented throughout Pennsylvania and in national webinars; "Help on Avoiding Red Ink, Red Tape and the Risk of Being Red-Faced While Building Green," delivered in Pennsylvania and Missouri; "Contractor Concerns and Considerations on Confronting Chartreuse Challenges and Commitments," presented in two national webinars; "Bond...Surety Bond: What It Is, How to Use It, and What It Can Do for You and Your Project," delivered in Pennsylvania; and "Pennsylvania's Mechanics' Lien Law Of 1963 and the January 1, 2007 Amendments: Eventually, All Things Inevitably Must Change," delivered to numerous audiences around Pennsylvania.

Mr. Gentilcore serves on the Division 10 (Environmental and Legislation) Steering Committee for the ABA Forum Committee on the Construction Industry and is a member of the Construction Litigation Committee of the ABA Section of Litigation, where he recently served as a co-chair of the Environmental Subcommittee and where he currently serves as Committee Liaison to the other ABA Committees. He also serves on the Environmental Network Committee of the Associated General Contractors of America and is a Fellow of the Litigation Counsel of America. Mr. Gentilcore helped to form the Construction Law Section of the Allegheny County Bar Association, and served as chair, vice chair and committee chair of that organization. He also serves as a representative to the Constructors Association of Western Pennsylvania and is a member of that organization's Activities Committee, Education Committee and Professional Council.

Areas of Practice

· Construction Litigation

· Construction Insurance and Bonding

· Mechanics' Liens

· Construction Contracts

· Green Building Contracts

Representative Matters

· Drafted and negotiated numerous contracts involving sports, educational, utility, hotel, industrial, institutional and multi-use residential and commercial office facilities. Project values ranging from $500,000 to $70 million. Represented owners, prime contractors, heavy equipment manufacturers and specialty trade contractors.

· Focused construction contracts and litigation practice, representing owners, contractors, subcontractors, sureties, architects, engineers and suppliers in public contract bidding and compliance litigation, public contracting dispute litigation, private contract dispute litigation, project development, private contract preparation, and negotiation and design-build/EPC contracting/dispute matters.

· Experienced in multiple delivery systems, including design-build, EPC and traditional design, bid, and build projects; experienced in public contracting, procurement and bidding compliance matters.

· Experienced in various energy-related matters, including cogeneration, turbine performance and waste-to-energy.

· Worked closely as counsel for United States subsidiary of major international steel equipment manufacturer. Interacted directly with president, chief financial officer, controller, project managers, purchasing agents and parent company legal department on a daily basis on numerous contracting and performance issues.

· Experience in complex case management, multiple issue scope claims, mechanics' lien claims, default and termination claims, surety claims and defenses, delay claims, environmental-related construction claims, component part performance, failure and deficiency claims, construction contract disputes and payment claims.

· Acted as liaison to general counsel of major publicly-traded engineering and construction firm, monitoring litigation and supervising law firms located in New York, California, Georgia, Idaho, Utah, Indiana, Louisiana and South Carolina, regarding ongoing engineering and construction litigation. Interacted directly with general counsel, chairman of the board, president, chief financial officer, treasurer, risk manager and project managers on a daily basis on wide variety of private and public contracting matters across the United States.

· Participated in construction litigation nationwide representing owners, contractors, subcontractors and sureties on wide variety of issues including: termination, default, delay claims, mechanics' liens, enforceability of liquidated damages, constructive acceleration and various contract compliance matters.

· Negotiated and prepared numerous architectural and construction contracts on multimillion-dollar projects for privately-held companies, publicly-held companies, and established cultural and nonprofit institutions.

· Prepared form agreements for a major national lending concern dealing with arbitration of construction loan disputes.

· Representation of national contractor in dispute with subcontractor over alleged deficiencies in a high-profile customer service facility.

· Handled numerous mechanics' lien matters, including reported appellate decision involving high-profile cultural project on which the assertion of a lien claim was successfully removed from the property. This case, involving the Carnegie Science Center, is a 2003 published decision of the Superior Court of Pennsylvania; City Lighting Products Co. v. Carnegie Institute, 2003 WL 245606.

· Defended numerous claims against an international engineer/contracting concern due to the chapter 11 bankruptcy filing of a major steel company.

· Represented client in multimillion-dollar arbitration over disputed warranty claims on a steel mill project.

· Represented the interests of a national design engineer over the design of an air field taxiway.

· Successfully defended a mid-Atlantic specialty trade contractor involving disputes over the construction of a large paving area supporting a distribution facility.

· Represented a major national contractor on a public project involving multiple performance and scope of work disputes.

· Responsible for preparation of residential development agreements for an Eastern Pennsylvania development company.

· Provide consulting assistance for regional construction trade association.

· Represented joint venture partner in negotiation of a joint venture agreement for a $100-plus million undertaking.

· Successfully defended developer in disputes over remediation/renovation of a former industrial facility/condominium conversion.

· Represented owners in several projects seeking Green/LEED building ratings.

Professional Activities

· American Bar Association
- Forum Committee on the Construction Industry
-- Division 10 (Environmental and Legislation) Steering Committee
- Litigation Section
-- Construction Litigation Committee
--- Named Outstanding Subcommittee Chair, 2008
-- Committee Liaison, 2005-Present
-- Environmental Subcommittee Co-Chair, 1999-2004

· Litigation Counsel of America
- Fellow, 2009-present

· Pennsylvania Bar Association

· Allegheny County Bar Association
- Construction Law Section
-- Publications Committee, 1998-Present
--- Chair, 1997
--- Vice Chair, 1996

· Associated General Contractors of America
- Environmental Network Committee

· Constructors Association of Western Pennsylvania
- Activities Committee
- Education Committee
- Professional Council

· Engineers' Society of Western Pennsylvania

· Pennsylvania Bar Institute
- Faculty Member

· Lorman Construction Certification Compliance Program Advisory Board, 2005-2007

Experience

· Duane Morris LLP
- Partner, 2007-present

· Reed Smith LLP
- Partner, 2000-2007

· Babst, Calland, Clements & Zomnir, PC
- Shareholder, 1991-2000

· Buchanan Ingersoll PC
- Associate, 1987-1991

Honors and Awards

· Pennsylvania Super Lawyer in Construction and Surety Law, 2006-2008

· American Bar Association Section of Litigation Outstanding Subcommittee Chair, 2008

· Listed in Super Lawyers Corporate Counsel Edition, May 2009

Selected Publications

· Author, "New Directions: Are the LEED 2009 Requirements a Tempest in a Teapot or a Ticking Time Bomb?" Construction Today, September 2009

· Author, "Déjà Vu: Pennsylvania Re-Amends Its Lien Law to Again Permit Broad Waivers of Lien Rights on Residential Property Projects," Duane Morris Alert, August 21, 2009

· Author, "Green Buildings: Are You Getting Real Energy Efficiency Now? The Legal Intelligencer, August 17, 2009

· Author, "So You Want to Get Paid? Five Tips for Securing Payment for Performance," Building & Bonding: The Construction Group Newsletter, Spring 2009

· Author, "Right around the Corner: Pennsylvania's Home Improvement Consumer Protection Act Opening for Business," Duane Morris Alert, March 30, 2009

· Author, "Clear as Mud: Pennsylvania District Court Rejects Surety's Liability for Prompt Payment Act Penalties and Attorneys' Fees," Duane Morris Alert, March 18, 2009

· Author, "Help on Avoiding Red Ink, Red Tape and the Risk of Being Red-Faced While Building Green," 2008

· Author, "Jury Instructions in Construction Litigation: Challenges in Crafting Compliant and Convincing Charges in Construction Cases," 2006

· Author, "From Blueprints Through Red Tape to Green Buildings and All the Colors in Between (and Hopefully Beyond): Practical and Contractual Considerations on Your Road to LEEDT Certification," 2007

· Author, "Pennsylvania's Mechanics' Lien Law Of 1963 and the January 1, 2007 Amendments: Eventually, All Things Inevitably Must Change," 2006-2007

· Editor, The Critical Path, a quarterly, multi-page update on construction law trends

· Author, "Renewed Report on Repose, Represent, Repast, Re-future, and Resources: A Companion to a Compendium," Construct! Spring 2005

· Author, "Intercepted Pass (Through): A Possible Limitation on Indemnification Pass-Throughs to Subcontractors Appears on the Horizon," The Real Estate Finance Journal, Summer 2005

· Author, "Don't Spoliate an Already Bad Ending: Exploring the Ethical Intersection of Spoliation and Remedy of Warranty and Other Deficiency Claims," Construct! Spring 2004

· Co-author, "Insurance and Bonding," Miller Construction Guide, 2006

· Editor, The Benchmark, a quarterly, multi-page update on construction law trends

· Author, "For Whom the Bell Never Tolls: Commonwealth Court Helps to Expand the Doctrine of Nullum Tempus Occurit Regi to Allow Landslide Suit to Proceed," Pennsylvania Bar Association Civil Litigation Newsletter, Vol. 3, No. 2, Spring 1998

· Author, "The Perils of Incorporation by Reference," The Subcontractor," Vol. 17, No. 4, October 1995

· Author, "Effective Presentation of Multiple Issue Scope Disputes in Design/Build Project Litigation," American Bar Association Forum on the Construction Industry, 11th Annual Meeting

Selected Speaking Engagements

· Faculty Member, "Pennsylvania's Mechanics' Lien Law and its Amendments: Getting Down to the Basics. . . And Then Some," Lorman Education Services teleconference, December 4, 2009

· Speaker, "Mechanics' Lien Law: An Update," Pennsylvania Bar Association CLE telephone seminar, November 12, 2009

· Speaker, "Challenges of High Performance Buildings and Building Information Modeling," Pennsylvania Institute of Certified Public Accountants Annual Construction Industry Conference, Cranberry Township, Pennsylvania, October 22, 2009

· Speaker, "Legal and Contractual Implications of Green Construction," Going Green! Understanding the Risks and Liabilities of Green Building Seminar, Cranberry Township, Pennsylvania, June 4, 2009

· Speaker, "Out of the Blue - The Ultimate Differing Site Condition & Environmental Due Diligence," ABA Forum on Construction Industry 2009 Annual Meeting, April 16-18, 2009

· Speaker, "Pennsylvania Mechanics Lien Law of 1963 from the Owner's and Contractor's Perspectives, Including the Lien Law Amendments Effective January 1, 2007," Lorman Education Services' Construction Lien Law Seminar, Pittsburgh, Pennsylvania, December 2, 2008

· Faculty Member, "Problems and Risks Associated with Green Construction," Lorman Educational Services Green Construction teleconference, September 9, 2008

· Course Planner and Presenter, Real Estate Law Update 2008, Pennsylvania Bar Institute program, Mechanicsburg, Pennsylvania, April 4, 2008, and Malvern, Pennsylvania, April 17, 2008

· Speaker, "Problems and Risks Associated with Green Construction," Lorman Education Services teleconference, March 11, 2009

· Speaker, Construction Law Lien Conference, Lorman Educational Services, Pittsburgh, Pennsylvania, December 11, 2007

· Speaker, "Building Green," Pennsylvania Bar Institute's 11th Annual Real Estate Institute seminar, Philadelphia, Pennsylvania, December 5, 2007

· Faculty Member, "Veni, Vidi, Vici, Verdigris--Building Green," 11th Annual Real Estate Institute, Pennsylvania Bar Institute, Philadelphia, December 5-6, 2007

· Faculty Member, "The Ever Evolving Changes to the Mechanics' Lien Laws of Pennsylvania," Pennsylvania Bar Institute, Pittsburgh, November 1, 2007

Member: American Bar Association (Forum Committee on the Construction Industry; Division 10, Environmental and Legislation, Steering Committee; Litigation Section, Construction Litigation Committee; Named Outstanding Subcommittee Chair, 2008; Committee Liaison, 2005-Present; Environmental Subcommittee Co-Chair, 1999-2004; Litigation Counsel of America; Fellow, 2009-present); Pennsylvania Bar Association; Allegheny County Bar Association (Construction Law Section; Publications Committee, 1998-Present; Chair, 1997; Vice Chair, 1996); Associated General Contractors of America (Environmental Network Committee); Constructors Association of Western Pennsylvania (Activities Committee; Education Committee; Professional Council); Engineers' Society of Western Pennsylvania; Pennsylvania Bar Institute (Faculty Member); Lorman Construction Certification Compliance Program Advisory Board, 2005-2007.

Practice Areas: Litigation; Construction.Email: Edward B. Gentilcore

George M. Medved (Partner) born Pittsburgh, Pennsylvania, July 12, 1953; admitted to bar, 1978, Pennsylvania. Education: University of Pittsburgh School of Law (J.D., 1978).

George M. Medved practices in the area of commercial litigation. Mr. Medved handles a variety of corporate and commercial litigation matters, including antitrust, securities, intellectual property, derivative actions, creditors' rights, construction, class actions, product liability, real estate and employment litigation, as well as contract and Uniform Commercial Code cases.

Mr. Medved is a 1978 graduate of the University of Pittsburgh School of Law, where he was articles editor of the Law Review, and a magna cum laude graduate of Duquesne University.

Areas of Practice

· Corporate/Criminal/Construction Litigation

(Partner-in-Charge, Pittsburgh Office). Practice Areas: Corporate Litigation; Commercial Litigation; Construction Litigation; Antitrust; Securities Litigation; Intellectual Property Litigation; Creditors Rights; Class Actions; Products Liability; Employment Litigation; Contracts; Uniform Commercial Code.Email: George M. Medved

Joseph T. Moran (Partner) born October 19, 1957, Scranton, Pennsylvania; admitted to bar, 1986, Pennsylvania; United States Court of Appeals for the Third Circuit; United States District Court for the Western District of Pennsylvania; Supreme Court of Pennsylvania. Education: University of Pittsburgh School of Law (J.D., 1986).

Joseph T. Moran focuses his practice on commercial and construction litigation, First Amendment/media law and technology/Internet litigation, counseling, planning and policy work.

Mr. Moran has been a regular speaker at local and national conferences and CLE seminars sponsored by the Allegheny County Bar Association, Federal Court Section, PBI, PLI, local universities and graduate schools and corporate entities on commercial litigation, ethics and First Amendment issues, and privacy, electronic discovery, media and ethical issues relating to Internet usage in workplace and media settings and technology/e-commerce issues. He also has written for and served on the faculty of the International Bar Association Conference on Cyberspace Media.

Mr. Moran is a member of the American, Pennsylvania and Allegheny County bar associations, where he served as a member of the Civil Litigation Section Board of Governors. He is a past president of the University of Pittsburgh Law Alumni Association.

Mr. Moran is a 1986 graduate of the University of Pittsburgh School of Law, where he was business editor of the Journal of Law and Commerce, a 2000 graduate of Carnegie Mellon University (M.S.E.C.) and a graduate of the University of Scranton.

Areas of Practice

· Commercial Litigation

· First Amendment/Media Law and Litigation

· Technology/e-commerce Law

Representative Matters

Litigation

· Eric Boron, et al., v. Pulaski Township Board of Supervisors, et al.; Successfully argued to the Pennsylvania Commonwealth Court for reversal of trial court and local township board of supervisors rulings upholding suspension of local business license based on unconstitutionally vague local ordinance.

· Won defense jury verdict in libel trial brought by a senior bank executive against local newspaper and successfully defended verdict on appeal. Wallace v. Johnstown Tribune Publishing Company (C.C.P. Cambria)(Pa. Superior Ct.)

· Won $500,000+ plaintiff's jury verdict in piercing the corporate veil case against corporate officer and successfully defended verdict on appeal. Savannah River Wharf Company v. Germain Timber Co. & W Preston Germain, (C.C.P. Allegheny)(Pa. Superior Ct.)

· Won liability verdict as co-counsel for power company plaintiff in complex contract action involving implosion and destruction of electric turbine. Case settled prior to damage phase. Orion Power Holdings, Inc. v. Mechanical Dynamics & Analysis, et al. (C.C.P. Allegheny Co.)

· Won admission of press via King's Bench Petition Orders from Pennsylvania Supreme Court (on behalf of Pittsburgh Post-Gazette) to formerly closed jury selection proceedings in racially charged police brutality case involving death of minority suspect. In re Commonwealth v. White Hall Borough Police, et al. (Gammage) (Pa. Supreme Ct.)

· Won appellate reversal of jurisdictional dismissal (handled by prior counsel) and negotiated settlement of client's claims related to the interstate sale of a defective corporate airplane C. J. Betters Corp. v. Mid-South Aviation Services Inc. (Pa. Superior Ct.)

· Initiated suit and negotiated favorable settlement for franchisee plaintiff in dispute with franchisor regarding protected territorial rights Ray Joll Development Co. v. Quaker Steak & Lube (C.C.P. Mercer Co.)

· Won jurisdictional dismissal in federal contract action involving interstate shipments of woodchips - Germain Timber Co. v. Peeples, et al. (W.D.Pa.)

· Co-counsel on coal supply contract force majeure dispute, which was resolved to mutual benefit of parties. EME Homer City Generation v. Unionvale Coal Company (C.C.P. Indiana)

· Negotiated favorable settlement for impleaded major video distribution company in royalty dispute injunction case. In re Anne of Green Gables (W.D. Pa)

· Successfully negotiated settlement involving new Horseman's Association Agreement regarding Pennsylvania Gaming Act royalty rights. Meadows Standardbred Owners Assoc. v. Centaur Pennsylvania LLC, et al. (C.C.P. Washington Co.)

· Co-counsel in multimillion-dollar environmental insurance claims matter involving favorable settlements from multiple major insurance companies on environmental liability claims. NVF, Inc. v. American Casualty, et al. (C.C.P N.J.)

· Drafted license agreement for new invention and successfully negotiated settlement of contract dispute lawsuit brought to enforce guaranteed royalty rights. Gray Doyle Ideas, Inc. v. L&N Sales & Marketing, Inc.

· Defended damage claims against major oil company in bench trial relating to environmental damage to property resulting from tanker spill. The case resulted in a settlement our client found favorable.

· Current part of trial team defending/prosecuting $200 million in construction claims related to construction of a coal-fired electrical generation plant

· Member of trial team in successful injunction case brought by major entertainment company, Broadcast Networks and NFL in international piracy injunction case involving theft and rebroadcast of television signals. Obtained effective relief and/or settlement as necessary. Disney, et al. v. icraveTV (W.D. Pa.)

· Acted as trial counsel for many companies involved in commercial or transactional disputes in a wide variety of industries.

First Amendment/Constitutional Matters

· Successfully defended First Amendment, Access, and Shield Law interests of reporters and defended defamation and libel actions for local and major newspapers, publishers and entertainment companies including the Pittsburgh Post-Gazette, Gannett, U.S. News & World Report, CBS, WPXI (NBC),

· Currently pursuing appellate relief for Adult Bookstore owner in First Amendment Dispute related to local licensure statute. Boron v. Pulaski Twp. Bd. of Supervisors (C.C.P. Lawrence Co.) (Argued 10/15/08 to en banc Pa. Commonwealth Ct.)

Internet and E-commerce

· Counseled clients extensively and drafted various Internet Usage and Privacy policies and Agreements regarding their internal policies on use of the Internet, e-mail, electronic record retention, Do Not Call legislation and various web-based e-commerce issues.

· Drafted web agreements and Internet usage policies for leading companies across several industries, including internet service providers, the nation's oldest real estate organization, one of the largest providers of private post-secondary education in North America, a leading asset management and securities services company, an online metal forgings auction site, a supplier of products and services to the global rail industry, and the world's largest supplier of OEM and aftermarket automotive replacement parts to transmission professionals.

· Presented Privacy, Legal Ethics, Internet Usage and Electronic Discovery issues to, among others, the International Bar Association, NACHA Conference; National Business Institute; American Corporate Counsel Association, American Marketing Association; Employment Law Institute, Allegheny County Bar Association (state and Federal Sections) and to private and public industry, including Mellon Bank, PPG, Alperin Rosenthal, Educational forums sponsored by the University of Pittsburgh, LaRoche College and Robert Morris University and for Pennsylvania accredited CLE providers PLI, PBI, Lorman and others.

Professional Activities

· Pennsylvania Bar Association

· Allegheny County Bar Association
- Civil Litigation Section

Experience

· Duane Morris LLP
- Partner, 2003-present

· Pepper Hamilton, LLP, Pittsburgh, Pennsylvania
- Partner, 2003

· Reed Smith, LLP, Pittsburgh, Pennsylvania
- Partner, 1995-2003
- Associate, 1986-1995

Civic and Charitable Activities

· Former President, University of Pittsburgh Law Alumni Association

· Co-Chair, Pittsburgh Zoo Summer Safari Event

· Committee member, Spring Clothes Out Event to benefit Women's Center & Shelter of Greater Pittsburgh

Member: Pennsylvania Bar Association; Allegheny County Bar Association (Civil Litigation Section).

Practice Areas: Commercial Litigation; Technology Litigation; First Amendment Law; Media Law; E-Commerce; Internet Law.Email: Joseph T. Moran

David A. Scotti (Partner) born Pittsburgh, Pennsylvania, May 9, 1955; admitted to bar, 1980, Pennsylvania; Third and Federal U.S. Circuit Court of Appeals; U.S. Supreme Court. Education: The Johns Hopkins University (B.A., 1977); University of Pittsburgh School of Law (J.D., 1980).

David A. Scotti focuses his practice in the areas of construction litigation, construction contracts and project counseling. Mr. Scotti has represented owners, developers, architects, engineers, contractors and subcontractors in construction-related matters, including those involving delay, disruption, extras, cost overruns, design and construction defects, differing site conditions, bid disputes, payment and mechanic's liens. He also has extensive experience in design and construction contract drafting, negotiation and project counseling regarding dispute avoidance. Mr. Scotti has mediated, arbitrated and litigated matters involving a variety of construction projects including power plants, blast furnaces, dams, bridges, roads, aerial tramways, hospitals, prisons, schools, office buildings, public housing, mixed-use developments and housing developments. He has represented clients regarding both domestic and international disputes in federal and state trial and appellate courts, the Armed Services Board of Contract Appeals, the Pennsylvania Board of Claims, the International Chamber of Commerce, the International Centre for Dispute Resolution and the American Arbitration Association. Mr. Scotti has concentrated his practice in the area of construction law for over 20 years.

Mr. Scotti has served as an arbitrator and mediator on a broad range of construction matters. He is a member of the National Panel of Arbitrators for the American Arbitration Association and has served as a construction arbitrator since 1990 and mediator since 1994. Mr. Scotti has authored seminar materials and delivered numerous educational presentations on numerous topics related to the construction industry. He has lectured for the American Bar Association Forum on the Construction Industry, the Associated General Contractors of America, Tri-State Construction Users Council, Pennsylvania Department of Transportation, and the Conference of Catholic Facility Managers.

Mr. Scotti serves as the Chairman of Contract Documents Division of the ABA Forum on the Construction Industry. He is the legal representative for a joint committee of the Pittsburgh chapters of the American Institute of Architects and the Associated General Contractors of America. Mr. Scotti is a member the Construction Law Section of the Allegheny County Bar Association and an affiliate member of the Master Builders Association of Western Pennsylvania. Mr. Scotti is a 1980 graduate of the University of Pittsburgh School of Law and a graduate of Johns Hopkins University (B.A., 1977).

Practice Areas: Construction Law; Trial Practice.Email: David A. Scotti

Jeffrey W. Spear (Partner) born Pittsburgh, Pennsylvania, June 3, 1964; admitted to bar, 1989, Pennsylvania; U.S. District Court for the Western District of Pennsylvania. Education: University of Pennsylvania (B.S., 1986); University of Pittsburgh School of Law (J.D., 1989).

Jeffrey W. Spear focuses his practice on business law with an emphasis on services to emerging businesses, including venture capital, mergers and acquisitions and strategic partnerships.

Mr. Spear serves as general counsel for more than a dozen companies, including technology and entrepreneurial growth firms, advising on both financial and legal issues. Several of his clients have been recognized as the finest and fastest growing technology companies in the Pittsburgh region.

Mr. Spear helps clients raise equity and has guided small business owners and entrepreneurs in mergers, acquisitions and strategic partnerships. He has successfully structured complex transactions involving both public and private financing. His significant experience in related practice areas, including financial transactions, workouts and restructurings and bankruptcy and creditors' rights, often proves useful when advising start-ups and technology companies through various stages of growth.

Active in the community, Mr. Spear is a member of the Pittsburgh Venture Capital Association and the Association for Corporate Growth. He is the immediate past chair of the board of Jewish Family and Children's Service of Pittsburgh and currently chairs the board of its supporting non-profit, The Welcome Center for Immigrants and Internationals. He is also a board member of the United Jewish Federation and the Pittsburgh Downtown Partnership. He also served on the Executive Council of the Allegheny County Bar Association's Bankruptcy and Commercial Law Section from 1994-2003 and remains an active member of the Bankruptcy Bar.

Mr. Spear is a 1989 graduate of the University of Pittsburgh School of Law and a graduate of the Wharton School of the University of Pennsylvania.

Practice Areas: Finance; Biotechnology; Corporate Law; Emerging Business Law; Commercial Finance; Technology Law; Business Reorganization; Securities; Mergers and Acquisitions.Email: Jeffrey W. Spear

John M. Tedder (Partner) born Charlotte, North Carolina, 1971; admitted to bar, 1996, Pennsylvania; U.S. District Court for the Western District of Pennsylvania; U.S. Court of Claims; Supreme Court of Pennsylvania; U.S. District Court for the Southern District of Indiana. Education: Clemson University (B.A., cum laude, 1993); Duquesne University School of Law (J.D., cum laude, 1996).

John M. Tedder practices primarily in the areas of construction and commercial litigation and has handled a wide range of construction disputes for owners, sureties, contractors, subcontractors, material suppliers and architects. Mr. Tedder has worked on matters involving construction delay/acceleration claims, extra work/unjust enrichment claims, mechanic's lien claims, surety indemnification claims, surety takeovers, payment and performance bond claims, and contractor/owner terminations for cause/convenience. Mr. Tedder also has represented both owners and contractors in negotiating and preparing commercial and residential construction contracts.

Mr. Tedder is a 1996 cum laude graduate of Duquesne University School of Law and a cum laude graduate of Clemson University.

Areas of Practice

· Commercial Litigation

· Construction Litigation

Representative Matters

· Heavy Highway Construction Asset Sale: Represented national construction company and its corporate parent in a breach of contract, breach of warranty and indemnification action arising from the asset purchase sale of the company's construction assets.

· Federal Building Renovation: Represented general contractor in a multimillion-dollar subcontract dispute on the $54,000,000 Moorhead Federal Building project in Pittsburgh, Pennsylvania.

· State Bid Protest: Represented national electrical contractor in protesting state turnpike commission's award of electrical contract for highway tunnel renovation project.

· School Construction Disputes: Represented various prime contractors in prosecuting labor inefficiency and extra work claims in multimillion-dollar/multi-party construction disputes against Pennsylvania public school districts.

· Mechanics' Liens: Represented owners and contractors in defending/prosecuting mechanics' lien claims for unpaid contract sums.

· Surety Takeover: Defended national surety company in a bankruptcy adversary proceeding arising out of surety's takeover of defaulted bond principal's business operations. All claims asserted against the surety were dismissed with prejudice.

· Steel Mill: Represented U.S. subsidiary of international steel mill equipment manufacturer/supplier in defending multimillion-dollar breach of contract and breach of warranty claims arising out of steel mill construction project. Also represented this same manufacturer/supplier in prosecuting indemnification claims against its fabrication subcontractor.

· Highway & Bridge: Representation of national engineering firm in connection with the prosecution of an additional engineering fee claim and defense of breach of contract and engineering negligence counterclaims collectively in excess of $6,000,000 relating to the Market Street Bridge construction project in Williamsport, Pennsylvania.

· Power Plant: Represented national engineering and construction firm in breach of contract, breach of warranty and contractual indemnification claims against national turbine manufacturer subcontractor in connection with the construction of a $150,000,000 waste-to-energy mass burn facility in Long Beach, California.

· Commercial Development: Representation of national development company in prosecuting multimillion-dollar latent construction/design defect claims against building contractors as well as various design, testing, surveying and inspection professionals.

· Material Production/Supply: Representation of U.S. producer of alumina in an approximate $30,000,000 international arbitration against a United Arab Emirates metals trading company and its Indian parent for refusing to accept delivery of contracted quantities of alumina.

Professional Activities

· American Bar Association
- Forum on the Construction Industry

· Pennsylvania Bar Association

· Allegheny County Bar Association
- Construction Law Section

Experience

· Reed Smith
- Partner, 2004-2007
- Associate, 2000-2004

· Babst, Calland, Clements and Zomnir, P.C.
- Associate, 1996-2000

· Allegheny County Court of Common Pleas
- Judicial Law Clerk, the Honorable James R. McGregor, 1994

· Duane Morris LLP
- Partner, 2007-present

Selected Publications

· Co-Author, "Seeking Emergent Relief Pending a Mandatory Arbitration Subject to the Federal Arbitration Act," American Bar Association, 2008

· "Still Owed Money? Don't Cash That Check Just Yet!," The Critical Path, March 2003

· "Taxpayer Standing to Challenge Public Contract Award - Not a 'Fiction' After All," The Critical Path, January 2001

· Co-Author, "To Spoliate or Not to Spoliate...," Commercial & Banking Litigation, American Bar Association, 1997 Summer Edition

Selected Speaking Engagements

· Co-Speaker, "Counterattack: Utilizing and Responding to TROs and Other Litigation 'Fasttrack' Processes," American Bar Association Forum on the Construction Industry Annual Meeting 2008

Member: American Bar Association (Forum on the Construction Industry); Pennsylvania Bar Association; Allegheny County Bar Association (Construction Law Section).

Practice Areas: Construction Law; Trial Practice; Commercial Litigation.Email: John M. Tedder

Joel M. Walker (Partner) born Pittsburgh, Pennsylvania, July 8, 1952; admitted to bar, 1977, Pennsylvania; United States Court of Appeals for the Third Circuit; United States District Court for the Western District of Pennsylvania. Education: University of Pittsburgh School of Law (J.D., 1977).

Joel M. Walker practices in the areas of creditors' rights (including corporate bankruptcies and workouts) and business law in Duane Morris' Pittsburgh and Washington, D.C. offices.

Mr. Walker's national bankruptcy and workout practice encompasses a wide range of issues. He has represented debtors, creditors (both secured and unsecured, including banks, committees, indenture trustees and bondholders), purchasers, and lessors in matters related to plans of reorganization, asset purchases, prosecution of claims and avoidance actions. Listed in Best Lawyers in America and as a Pennsylvania Super Lawyer, Mr. Walker frequently lectures on these matters.

Mr. Walker has had significant roles in bankruptcy cases throughout the United States including those of the Pittsburgh Penguins, LTV Steel, Pen Holdings, Heartland Steel, Antaeus Technical and Wheeling-Pittsburgh Steel. Additionally, he has represented foreign entities with regard to insolvency issues.

In his representation of various businesses, Mr. Walker provides both legal advice and business counseling. He works with clients in mergers, acquisitions, and strategic alliances throughout the United States. Mr. Walker has significant experience in related areas including raising capital, corporate governance, and general business advice.

Prior to joining Duane Morris, Mr. Walker was a principal in a business involved in international trade. That company represented or partnered with various businesses with regard to trade issues, particularly in South America and Japan.

Mr. Walker is a 1977 graduate of the University of Pittsburgh School of Law and a 1974 graduate of Miami University.

Areas of Practice

· Creditors' Rights

· Corporate Bankruptcy and Workouts

· Business Law

· Mergers and Acquisitions

· Corporate Finance

Professional Activities

· American Bar Association

· Allegheny County Bar Association

Experience

· Duane Morris LLP
- Partner, 2003-present

Civic and Charitable Activities

· Elder, Southminster Presbyterian Church

Member: American Bar Association; Allegheny County Bar Association.

Practice Areas: Creditors Rights; Bankruptcy; Workouts; Business Law; Business Reorganization; Financial Restructuring; Mergers and Acquisitions; Corporate Law.Email: Joel M. Walker

James P. Hollihan (Partner) born Pittsburgh, Pennsylvania, June 11, 1954; admitted to bar, 1980, Pennsylvania; Supreme Court of the United States; United States Court of Appeals for the Third, Fourth and Sixth and D.C. Circuits; United States District Courts for the Western and Eastern Districts of Pennsylvania; United States District Court for the Eastern District of Michigan; Supreme Court of Pennsylvania. Education: Duquesne University School of Law (J.D., magna cum laude, 1980).

James P. Hollihan practices in the areas of commercial and business litigation, with a particular emphasis on employment litigation. Mr. Hollihan's employment practice includes experience in defending claims asserted against clients for race, sex, age and disability discrimination; sexual harassment; wrongful discharge; and breach of employment contracts. In addition to his experience in employment matters, Mr. Hollihan has also had experience litigating other types of complex business cases, including accountant malpractice actions, breach of contract claims, cases involving violations of federal and state securities laws, enforcement of restrictive covenants arising out of employment relationships, insurance coverage disputes, and ERISA litigation.

Mr. Hollihan is a 1980 magna cum laude graduate of Duquesne University School of Law, where he was editor-in-chief of the Duquesne Law Review, and a magna cum laude graduate of Duquesne University.

Representative Matters

· Represented large retail bank against age and disability discrimination claims brought by branch manager who was discharged for opening multiple non-productive checking accounts in names of family members as a means of inflating branch's performance data. District Court decision granting summary judgment in favor of bank was affirmed by Third Circuit.

· Represented retail bank against age and sex discrimination claims asserted by a sales representative who was discharged for failing to meet performance objectives. The district court denied bank's motion for summary judgment based upon alleged statements attributed to the plaintiff's supervisors which court found to constitute direct evidence of discrimination. Notwithstanding those alleged comments, and the district court's decision to give a Price Waterhouse mixed motive jury instruction, the jury returned a verdict in favor of the bank on both the age and sex discrimination claims.

· Represented Fortune 100 insurance company against claims asserted by a vice president whose employment was terminated for poor performance. Plaintiff alleged that his discharge was based on his age and was in retaliation for his threatening to pursue an age discrimination claim. Despite the trial judge's conclusion that there was sufficient direct evidence of discrimination to support his giving a mixed motives Price Waterhouse instruction to the jury on both the age and retaliatory discharge claims, the jury returned a verdict in favor of the company with respect to both claims.

· Represented steel manufacturer in case involving age discrimination claims asserted by four individuals whose employment as supervisors was terminated as part of a company-wide reduction in force. Following a consolidated non-jury trial, the District Court entered findings of fact and conclusions of law in favor of company with respect to the claims of all four plaintiffs.

· Represented refractory manufacturer in separate actions filed by two technical employees who asserted claims that company discriminated against them because of age by terminating their employment as part of reduction in force. Cases were tried separately and defense verdicts were returned by juries in both actions.

· Represented pump manufacturer against claims that the termination of the plaintiff's employment constituted age discrimination and also violated the terms of a collective bargaining agreement. Following one-week trial, jury returned a verdict in favor of company with respect to all claims asserted by plaintiff.

· Represented insurance company against claim asserted by employee who alleged that she had been discriminatorily denied a promotion to a supervisory position because of her race. Following a non-jury trial, the District Court entered judgment in favor of company. The plaintiff appealed to the Third Circuit, arguing that the District Court had incorrectly rejected expert testimony proffered by the plaintiff based on statistics showing that black employees were underrepresented in supervisory and management positions within the company. The Third Circuit affirmed the District Court's judgment in favor of company.

· Represented pipe coupling manufacturer against an age discrimination claim asserted by a plant maintenance manager whose employment was terminated for poor performance. Following trial, jury returned a verdict in favor of the employer.

· Represented insurance company against sex discrimination claims asserted by a former sales representative who claimed that she had been discriminated against and constructively discharged following her announcement that she was pregnant. Following discovery, the district court granted summary judgment in favor of company based on the plaintiff's failure to file a timely charge with the EEOC. In its decision, which was subsequently affirmed by the Third Circuit, the district court rejected the plaintiff's "equitable tolling" argument that her failure to file a timely charge should be excused because she had telephoned EEOC representatives within the 300 day period and had relied on statements by them that her telephone inquiry and request for investigation satisfied the charge-filing requirements under Title VII.

· Represented chemical manufacturer in five separate actions brought by current and former female employees, in which the employees alleged that they have been discriminated against because of their sex in various promotion and compensation decisions. The plaintiffs supported their individual discrimination claims with proffered testimony by statistical expert concerning alleged disparities between the number of males and females in management positions in the company, as well as differences in compensation received by males and females in similar job classifications. Company filed a Daubert motion to exclude this statistical testimony based on argument and testimony of its own expert that the methodology employed by the plaintiffs' expert was unreliable. Following a two-day hearing, the district court granted company's motion and ruled that testimony by the plaintiffs' expert was inadmissible. The cases eventually were resolved prior to trial.

· Represented automobile manufacturer in a race discrimination class action commenced by 23 individuals employed in production and supervisory positions in company's assembly plant, in which these employees asserted broad-based discrimination claims concerning hiring, discipline, compensation, promotion and job assignment issues. Representation included coordinating all discovery relating to both class certification and substantive issues; principal responsibility for preparation of briefs and court appearances throughout the litigation; negotiation of a settlement of the class action in conjunction with company's permanent closing of the assembly plant; and implementation of the settlement agreement, including obtaining court approval and coordinating notices to class members.

Practice Areas: Labor Law; Employment Law; Employment Discrimination; Sexual Harassment; Wrongful Termination; Employment Contracts; Unfair Labor Practices; Collective Bargaining; Business Litigation; Labor Relations; Management Labor Law; Immigration Law.Email: James P. Hollihan

A. Bruce Bowden (Partner) born Pittsburgh, Pennsylvania, December 22, 1941; admitted to bar, 1966, Pennsylvania; Supreme Court of the United States; United States Court of Appeals for the Third Circuit; United States District Courts for the Eastern and Western Districts of Pennsylvania; State Courts of Pennsylvania. Education: Amherst College (A.B., 1963); Stanford Law School (J.D., 1966).

A. Bruce Bowden practices in the areas of international, general corporate and corporate finance law. Mr. Bowden has practiced in the international arena since the early 1970s.

Mr. Bowden has represented both overseas companies acquiring U.S. companies and U.S. investors in sales of U.S. interests to overseas companies. He has also represented U.S. companies in establishing foreign offices, subsidiaries and distribution networks. Overseas transactions have involved parties in North, Central and South America, in Europe, in the Middle East and in the Far East.

Mr. Bowden has also acted as outside general counsel for a number of companies, including two that produce cutting-edge medical devices.

On the corporate finance side, he has represented corporations in scores of venture capital, public offering and debt financing transactions. He has worked as principal negotiator, as well as legal advisor in transactions with federal, state and local government agencies.

Mr. Bowden is a member of a number of client and civic boards of directors and holds leadership positions and other offices in several of them.

He is a 1966 graduate of Stanford University Law School and a graduate of Amherst College. He is admitted to practice in Pennsylvania and before the U.S. District Courts in Pennsylvania, the Court of Appeals for the Third Circuit and the U.S. Supreme Court.

Areas of Practice

· Corporate Law and Finance

· International Law

· Business Law

Representative Matters

· Provided counsel to numerous clients regarding optimal legal structures and form of ownership for purposes of raising equity, obtaining financing, gaining tax advantages and minimizing compliance issues.

· Worked with leaders of a university computer science department on organizing, financing and structuring of a high-end software company, then represented the company generally until it was ultimately sold to a Fortune 100 company.

· Worked with an electrical engineer entrepreneur to organize, obtain private equity financing for, and represent generally (until it was acquired by a Fortune 50 company) what became the world's largest maker of digital appliance controls.

· With two company officers and a British solicitor, served as the negotiating team of a Scandinavian conglomerate on merger that combined 40 plants in 20 countries in the aluminum alloy extrusion business. Merged company became the largest extrusion company in the world. Managed the firm's team handling antitrust, tax, real estate, employment and benefits, and environmental matters.

· Represented international power generation construction company in the asset acquisition of a piping subcontractor.

· Put together a consortium of customers of a "big ticket" medical device company to provide re-financing that allowed company to survive, then went on to represent the company generally.

· Provided counsel to international company that sold silicon metal smelting operations and related hydro-electric plant. Helped client surpass objective of netting $125 million from two buyers through creative structuring of purchase and sale agreement.

· Handled acquisitions of imaging equipment, entity-wide clinical and financial information systems, and other major assets for a number of hospital clients.

· Provided counsel regarding compliance with Stark and Anti-Kickback laws and various regulations associated with operation of hospitals, other healthcare institutions and medical device manufacturers.

· Provided advice to software development, manufacturing and service companies on U.S. government contracts, export controls, Buy American requirements and issues related to foreign ownership.

· Provided counsel regarding joint ventures and equipment sales and leasing for medical device makers and healthcare institutions.

· Negotiated and drafted various intellectual property licensing arrangements for licensors and licensees in multiple industries, including the software, healthcare, construction and metals industries.

· Handled scores of equity financing and debt financing transactions for companies involved in medical imaging, electronics, metals processing, healthcare and software development and sales.

· Acted as national chairman and then general counsel for a national health nonprofit organization, dealing with wide array of issues, including strategic partnerships, international matters, waivers, informed consent, cause-related marketing and other fundraising, and re-organization and re-structuring.

Professional Activities

· American Bar Association

· Pennsylvania Bar Association

· Allegheny County Bar Association

Experience

· Duane Morris LLP
- Partner, 2003-present

· Buchanan Ingersoll, Pittsburgh, Pennsylvania
- Partner/Shareholder, 1973-2003
- Associate, 1966-1972

Selected Speaking Engagements

· "International Networks of Independent Law Firms and What Inside and Outside Counsel Should Expect From One Another," First Annual Corporate Counsel Conference - China 2003, Pudong (Shanghai), November 12-13, 2003

Member: American Bar Association; Pennsylvania Bar Association; Allegheny County Bar Association.

Languages: French, Italian. Practice Areas: Corporate Finance; Corporate Law; International Law; Venture Capital; Public Offerings; Business Law; Energy Facility Siting; Nuclear Energy; Mergers and Acquisitions; Franchise Distribution; Securities.Email: A. Bruce Bowden

Robert L. Byer (Partner) born 1952; admitted to bar, 1977, Pennsylvania; U.S. Supreme Court; U.S. Courts of Appeals for the Third, Fifth, Eighth, Ninth, Eleventh, District of Columbia and Federal Circuits; U.S. District Courts for the Eastern, Middle and Western Districts of Pennsylvania; U.S. Tax Court. Education: University of Pittsburgh (B.A., magna cum laude, 1973); Oxford University, Harris Manchester College (Post-Graduate Studies, 1974); University of Pittsburgh School of Law (J.D., 1977) Note Editor, University of Pittsburgh Law Review.

Robert L. Byer is head of the Appellate division of Duane Morris' Trial Practice Group. Mr. Byer concentrates his practice in appellate litigation and also practices in the areas of complex civil litigation; corporate compliance, corporate governance and internal investigations; intellectual property litigation; and administrative law. Mr. Byer is a former judge of the Pennsylvania Commonwealth Court and Pennsylvania Court of Judicial Discipline.

As an appellate lawyer, Mr. Byer has argued or briefed approximately 160 appeals in the United States Courts of Appeals for the Third, Fifth, Eighth, Ninth, Eleventh, District of Columbia and Federal Circuits, the Pennsylvania appellate courts and the appellate courts of California, Maryland and Washington. He also has briefed and worked on appeals in the United States Supreme Court. His appellate work covers a wide range of legal areas, including corporate governance, intellectual property, administrative agency law, tax cases, Constitutional law, insurance coverage contract cases, professional liability, product liability and toxic torts. He will be guiding the development of a firmwide appellate practice group at Duane Morris.

In addition to his work as an appellate lawyer, Mr. Byer brings to Duane Morris LLP a wealth of experience in complex civil and intellectual property litigation. He also advises major corporations on issues related to commercial contracts, corporate governance, corporate compliance (including export control and political contribution and lobbying issues), ethics and internal investigations.

Mr. Byer is a member of the American Law Institute, the American Academy of Appellate Lawyers and the Lawyers Advisory Committee of the United States Court of Appeals for the Third Circuit. He is a former chair of the Pennsylvania Bar Association Civil Litigation Section, former chair of the Pennsylvania Supreme Court Appellate Court Procedural Rules Committee and a former adjunct faculty member at Duquesne University School of Law, where he taught advanced courses on civil procedure, and The National Judicial College, where he taught courses on judicial review of administrative agency adjudications. Mr. Byer is listed in Best Lawyers in America and in Pennsylvania SuperLawyers.

Mr. Byer is the author of a treatise on Pennsylvania civil practice and the author of numerous published articles, monographs, and course materials on various legal topics. He has been a speaker at seminars and continuing legal education programs throughout the United States.

Mr. Byer is a graduate of the University of Pittsburgh (J.D., 1977; editor, University of Pittsburgh Law Review; B.A., magna cum laude, 1973). He engaged in post-graduate studies at Harris Manchester College, Oxford University.

Areas of Practice

· Appellate Litigation

· Complex Civil Litigation

· Corporate Compliance

· Corporate Governance

· Internal Investigations

· Intellectual Property Litigation

· Administrative Law

Professional Activities

· Pennsylvania Supreme Court
- Appellate Court Procedural Rules Committee, 1987-1991,1992-1998, 2009-present
-- Chairman, 1994-1998

· American Bar Association
- Council of Appellate Lawyers
--- Judicial Administration Division
- Appellate Practice Committee
--- Section of Litigation
- Appellate Advocacy Committee
--- Tort & Insurance Practice Section
--- Vice Chair, Subcommittee on Rules of Procedure, 1995-1997
--- Vice Chair, Special Committee on Class Actions, 1981-1985

· Allegheny County Bar Foundation
- Charter Fellow

· American Academy of Appellate Lawyers

· American Judicature Society
- Board of Directors, 1998-2000

· American Law Institute
- Member Consultative Groups
--- Federal Judicial Code Revision Project, 1997-2001
--- International Jurisdiction and Judgments Project, 1998-present
--- Principles and Rules of Transnational Civil Procedure, 1998-present
--- Intellectual Property: Principles Governing Jurisdiction, Choice of Law and Judgments in Transnational Disputes, 2000-present

· Pennsylvania Bar Association
- Civil Litigation Section
--- Discovery Rules Committee, 1995-1996
--- Chair, 1989-1991
--- Vice Chair, 1987-1989
--- Secretary, l985-1987
--- Section Council, 1984-1985
- Amicus Curiae Brief Committee
--- Chair, 2006-present
--- Vice Chair, 2004-2006
--- Member, 2001-2004
- Post-Trial and Appellate Practice Committee
--- Vice Chair, Subcommittee on Procedural Rules, 2004-present
- House of Delegates, 1981-1996
- Section Council, Municipal Law Section, 1992-1993
- Judicial Selection & Administration Committee, 1995-1996
--- Legislative Subcommittee, 1995-1996

· Pennsylvania Bar Institute
- Treasurer, 1996-1997
- Director, 1986-1992, 1995-1996
- Chair, Publications Committee, 1988-1990
- Chair, Judicial Education and Courts Liaison Committee, 1990-1992

· Allegheny County Bar Association
- Pittsburgh Legal Journal
--- Executive Committee, 1988-1994
--- Associate Editor, 1988-1994
--- Editor-In-Chief and Chairman, 1985-1987
--- Opinion Editor, 1980-1984
- Appellate Practice Committee, 1987-present

· Academy of Trial Lawyers of Allegheny County
- Chairman, Alternative Dispute Resolution Committee, 1994-1996
- Member, 1986-1997

· Pennsylvanians for Modern Courts
- Southwest Pennsylvania Advisory Board, 1993-present

· American Bar Foundation
- Life Fellow

· Pennsylvania Bar Foundation
- Life Fellow

Experience

· Duane Morris LLP
- Partner, 2006-present

· Kirkpatrick & Lockhart Nicholson Graham LLP
- Partner, 1992-2006

· Pennsylvania Court of Judicial Discipline
- Judge, Gubernatorial Appointee, 1997-2001

· Commonwealth Court of Pennsylvania
- Judge, 1990-1992

· Eckert Seamans Cherin & Mellott
- Partner, 1985-1990
- Associate, 1977-1984

Board Memberships

· American Jewish Committee
- Board of Directors, Pittsburgh Chapter, 1996-1999

Civic and Charitable Activities

· Duquesne University Law School
- Adjunct Professor, 1995-2000

· National Judicial College
- Faculty, 1992-1995

· Pennsylvania Election Reform Task Force, 2004

· Commonwealth of Pennsylvania, Office of Attorney General
- Transition Team, 1996-1997

Honors and Awards

· Listed in Super Lawyers Corporate Counsel Edition, Appellate, September/October 2009

· Listed in The Best Lawyers in America for Appellate Law and Commercial Litigation, 2009

· United States Court of Appeals for the Third Circuit, Lawyers' Advisory Committee (appointed as nominee of Third Circuit Judges stationed in the Western District of Pennsylvania), 2005-present

· Pennsylvania Supreme Court, Committee for Standard Jury Instructions, Civil Instructions Subcommittee, 2005-present

· Named a Pennsylvania SuperLawyer for Appellate Practice by Philadelphia Magazine, 2004 and 2005

· Chair of Pennsylvania Supreme Court Appellate Court Procedural Rules Committee, 1994-1998; member, 1987-1991, 1992-1994)

· Fellow, Academy of Trial Lawyers of Allegheny Court, 1986-1997

· Chair of Civil Litigation Section, Pennsylvania Bar Association, 1989-1991

· Outstanding Young Lawyer of 1987 Award (awarded by Allegheny County Bar Association, Young Lawyers Section for "leadership and service to the legal profession and his community")

· Chief Justice of Pennsylvania's Advisory Committee on Comprehensive Education, Subcommittee on Appellate Judges Education, 1988

· Fellow, American Academy of Appellate Lawyers

· American Law Institute, Elected Member

· Advisory Committee for the Study of Rules of Practice, United States District Court for the Western District of Pennsylvania

Selected Speaking Engagements

· Speaker, "Matching Advocacy to Audience: Difference Between Intermediate Appellate Courts and Courts of Last Resort," Appellate Judges Education Institute Summit, Scottsdale, Arizona, November 14, 2008

· Panelist, "Appellate Advocacy," Philadelphia Bar Association Bench Bar Conference, Atlantic City, New Jersey, September 29, 2007

· Speaker, Practical Pretrial," Pennsylvania Bar Institute seminar, Pittsburgh, Pennsylvania, September 24, 2007; Philadelphia, Pennsylvania, September 27, 2007; Mechanicsburg, Pennsylvania, October 3, 2007

· Faculty member and speaker, "The Nuts and Bolts of Appellate Advocacy," Pennsylvania Bar Institute program, Philadelphia, Pennsylvania, February 6, 2007; Mechanicsburg, Pennsylvania, February 8, 2007; and Pittsburgh, Pennsylvania, February 13, 2007

· Speaker, Novartis Corporation's Americas Lawyers meeting, Livingston, New Jersey, June 7, 2006.

· Speaker, "Don't Slip on Appeal," Pennsylvania Bar Association Civil Litigation Section Retreat, April 30, 2006

Life Fellow: American Bar Foundation; Pennsylvania Bar Foundation; Allegheny County Bar Foundation (Charter Fellow).

Member: Allegheny County Bar Association (Appellate Practice Committee, 1987-present); Pennsylvania Bar Association (Member, Discovery Rules Committee, 1995-1996, Chair, 1989-1991, Vice Chair, 1987-1989, Secretary, l985-1987 and Section Council, 1984-1985, Civil Litigation Section; Chair, 2006-present, Vice Chair, 2004-2006 and Member, 2001-2004, Amicus Curiae Brief Committee; Vice Chair, Subcommittee on Procedural Rules, 2004-present, Post-Trial and Appellate Practice Committee; House of Delegates, 1981-1996; Section Council, Municipal Law Section, 1992-1993; Member, Legislative Subcommittee, Judicial Selection & Administration Committee, 1995-1996); American Bar Association (Member: Judicial Administration Division, Council of Appellate Lawyers; Section of Litigation, Appellate Practice Committee; Tort & Insurance Practice Section, Vice Chair, Subcommittee on Rules of Procedure, 1995-1997 and Vice Chair, Special Committee on Class Actions, 1981-1985, Appellate Advocacy Committee); American Academy of Appellate Lawyers; Academy of Trial Lawyers of Allegheny County (Chairman, Alternative Dispute Resolution Committee, 1994-1996; Member, 1986-1997). Practice Areas: Trial Practice; Commercial Litigation; Intellectual Property Litigation; Professional Liability; Information Technologies and Telecommunications.Email: Robert L. Byer

RESIDENT ASSOCIATES

Amy M. Joseph (Associate) born New Castle, Pennsylvania, 1976; admitted to bar, 2002, Pennsylvania; United States Court of Appeals for the Seventh Circuit; United States Court of Appeals for the Third Circuit. Education: Allegheny College (B.S., cum laude, 1998); University of Pittsburgh School of Law (J.D., magna cum laude, 2002).

Amy M. Joseph practices in the area of litigation with a focus on construction litigation and class action defense work. Ms. Joseph has worked extensively on litigation related to financial services, healthcare, pharmaceutical, products liability.

Ms. Joseph is a 2002 magna cum laude graduate of the University of Pittsburgh School of Law, where she was managing editor of the Journal of Law and Commerce, and a cum laude graduate of Allegheny College. She served as judicial law clerk for the Hon. Gary L. Lancaster of the U.S. District Court for the Western District of Pennsylvania.

Professional Activities

· Pennsylvania Bar Association

· Allegheny County Bar Association
- Young Lawyers Division

Experience

· Duane Morris LLP
- Associate, 2007-present

· Reed Smith LLP
- Associate, 2002-2007

Civic and Charitable Activities

· Family House Charity Polotini Event, Sub-Committee Chair

· Pittsburgh Steelers Charity Fashion Show Committee

Selected Publications

· Co-Author, "Pennsylvania Court Rules HMO Compensation Formula and Data Are Confidential Trade Secrets," Health Law Monitor, Fall 2002, Vol. VII

Member: Pennsylvania Bar Association; Allegheny County Bar Association (Young Lawyers Division).

Practice Areas: Litigation; Financial Institutions Litigation; Commercial Litigation; Class Actions; Construction Litigation.Email: Amy M. Joseph

David J. Miller (Associate) born October 13, 1979; admitted to bar, 2005, Pennsylvania. Education: Ohio University (B.A., 2002); Duquesne University School of Law (J.D., 2005).

David J. Miller practices in the area of litigation. He previously served as a legal intern for the Honorable Maureen Lally-Green of the Superior Court of Pennsylvania.

Mr. Miller is a 2005 graduate of Duquesne University School of Law and a graduate of Ohio University.

Experience

· Duane Morris LLP
- Associate, 2005-present

· The Honorable Maureen Lally-Green of the Superior Court of Pennsylvania
- Legal Intern, 2003

Practice Areas: Corporate Law.Email: David J. Miller

Gerald J. Schirato (Associate) admitted to bar, 2005, Pennsylvania; U.S. Court of Appeals for the Third Circuit; U.S. District Court for the Western District of Pennsylvania. Education: Dickinson College (B.A., magna cum laude, 2002); Vanderbilt University Law School (J.D., 2005) Managing Editor, Vanderbilt Law Review; Order of the Coif.

Gerald J. Schirato practices in the area of litigation. Mr. Schirato has experience with complex commercial litigation, property tax relief and real estate litigation, products liability and toxic torts, and construction litigation.

Mr. Schirato is a 2005 graduate of Vanderbilt University Law School, where he was managing editor of Vanderbilt Law Review and elected to the Order of the Coif, and a magna cum laude graduate of Dickinson College, where he was elected to Phi Beta Kappa.

Areas of Practice

· Commercial Litigation

· Property Tax Relief

· Products Liability and Toxic Torts

· Construction

Professional Activities

· American Bar Association

· Allegheny County Bar Association

Experience

· Duane Morris LLP
- Associate, 2008-present

· Kirkpatrick & Lockhart Preston Gates Ellis
- Associate, 2005-2008
- Summer Associate, 2004

· McGuireWoods LLP
- Summer Associate, 2003-2004

Member: American Bar Association; Allegheny County Bar Association.

Email: Gerald J. Schirato

Julia M. Tedjeske (Associate) born 1969; admitted to bar, 2000, Pennsylvania; U.S. District Court for the Western District of Pennsylvania. Education: University of Pittsburgh (B.A., magna cum laude, 1990); University of Pittsburgh (M.L.S., 1993); University of Pittsburgh (M.S., Information Science, 2000); University of Pittsburgh School of Law (J.D., 2000).

Julia M. Tedjeske practices in the area of civil litigation with a concentration in construction and complex general commercial and civil litigation. Her practice includes the representation of clients in all aspects of litigation, particularly traditional and e-discovery and alternative dispute resolution.

Ms. Tedjeske is a 2000 graduate of the University of Pittsburgh School of Law, where she was managing editor of the Law Review and was elected to the National Order of the Barristers, and a magna cum laude graduate of the University of Pittsburgh.

Areas of Practice

· Civil and Commercial Litigation

· Construction Litigation

· Arbitration and Mediation

Representative Matters

· Draft pleadings, discovery and motions for domestic and international arbitration proceedings, including AAA, ICDR and ICC arbitrations

· Assisted with three-week arbitration hearing involving a dispute between a contractor and subcontractor on a blast furnace project

· Manage large-scale electronic review projects, including cases involving hundreds of thousands to millions of pages of documents

· Provide pro bono services to KidsVoice, an advocacy organization that serves abused and neglected children, by representing a KidsVoice client in an appeal to the Superior Court of Pennsylvania

Experience

· Duane Morris LLP
- Associate, 2004-present

· Reed Smith LLP
- Associate, 2000-2004
- Summer Associate, 1999

Board Memberships

· Ursuline Senior Services
- Board Member, 2004-Present

Selected Publications

· Co-Author, "FAR Rules for Stimulus Funded Contracts: Alert 4 - GAO and Inspector General Oversight," Duane Morris Alert, May 15, 2009

Selected Speaking Engagements

· Panelist, Practical Pretrial Practice, Pennsylvania Bar Institute, Pittsburgh 2006

Practice Areas: Civil Litigation; Commercial Litigation.Email: Julia M. Tedjeske

SPECIAL COUNSEL

Julie S. Greenberg (Special Counsel) born Pittsburgh, Pennsylvania, January 31, 1971; admitted to bar, 1997, Pennsylvania. Education: Allegheny College (B.S., magna cum laude, 1993); Cornell Law School (J.D., cum laude, 1996).

Julie S. Greenberg practices in the area of litigation, representing corporate and individual clients in trial and appellate matters before state and federal courts in a wide range of practice areas. She has extensive litigation experience with emphasis on toxic tort and products liability, environmental, insurance coverage, and general commercial litigation and appellate matters. She has represented multinational corporations, domestic and international manufacturing firms, energy companies, hospital systems and venture capital firms in a wide variety of toxic tort, environmental and insurance coverage matters, including welding rod manufacturers, steel mills, specialty metals mills, power plants, aircraft engine manufacturers, aluminum manufacturing, mining, automobile parts, thermal coatings, and energy trading firms.

Ms. Greenberg is a 1996 cum laude graduate of Cornell Law School, where she was editor of Cornell Journal of Law and Public Policy, and a magna cum laude graduate of Allegheny College.

Areas of Practice

· Toxic Tort

· Products Liability

· Environmental Litigation

· Insurance Coverage Litigation

· Commercial Litigation

Representative Matters

Environmental

· Steel Mill: Represented major domestic steel manufacturer in one of the only Clean Water Act cases to be tried to a jury in the last decade. Representation involved defending the manufacturer against thousands of alleged NPDES violations associated with lab error claims, interference/pass through claims from the local publicly-owned treatment works, and other direct discharge claims.

· Coke Manufacturer/Screener: Represented a coke manufacturer and affiliated screening operation in trial before the West Virginia Air Quality Board on alleged air emissions violations. Representation included permit appeal, trial and negotiation of Title V permits.

· Titanium Manufacturer: Represented steel company in NPDES discharge permit negotiations associated with addition of titanium production line. Representation included permit appeal and negotiations with Pennsylvania Department of Environmental Protection.

· Iron Oxide/HCl Manufacturer: Represented manufacturer of iron oxide and hydrochloric acid appeal of RCRA variance. Representation included trial before Pennsylvania Environmental Hearing Board challenging necessity of variance and waste classification of material recycled from steel industry as commercial substitute for feedstock ingredient.

· Steel Mill: Represented domestic steel manufacturer in Clean Air Act litigation and permit negotiations.

Toxic Tort/Product Liability

· Welding Rod Manufacturer: Representing manufacturer of welding consumables in toxic tort suits arising from alleged asbestos and manganese exposure from welding fume in state and multi-district litigation.

· HVAC Equipment Manufacturer: Represented major manufacturer of HVAC equipment in defending against asbestos product and premises claims.

· Thermal Coating Applicator Company: Represented manufacturer of thermal spray applicators in toxic tort and product liability matters arising from alleged chromium fume exposures. Representation included mediation and tri-partite arbitration of claims with liability insurer to resolve product defect and failure to warn claims.

Insurance Coverage

· Aircraft Engine Manufacturer: Represented manufacturer of jet and rocket engines in insurance coverage suit seeking coverage for environmental remediation and monitoring costs incurred at their facility in Florida. Representation included preparation of expert witnesses addressing hydrogeology, property valuation, remediation cost analysis and insurance policy analysis.

· Aluminum Manufacturer: Represented major manufacturer of aluminum in insurance coverage suit seeking coverage for environmental remediation and NRD costs incurred at multiple facilities across the country. Representation included trial and expert witness preparations and providing support to local counsel and consultants with NRD negotiations with federal and local environmental agencies.

· Mid-West Energy Trading: Represented energy trading firm in insurance coverage negotiations for Directors & Officers insurance coverage for alleged securities and trading violations. Representation included analysis of D&O policy terms and scope of coverage in order to successfully negotiate coverage settlements for claims and the company and its directors and officers.

· Auto Parts Manufacturer: Represented major auto parts manufacturer in insurance coverage suit seeking coverage for environmental remediation at facilities located in the mid-west. Representation included preparation of expert witnesses addressing hydrogeology and remediation cost analysis in order to successfully negotiate coverage settlements with multiple insurers.

Professional Activities

· Allegheny County Bar Association

· Pennsylvania Bar Association

· American Bar Association

Experience

· Duane Morris LLP
- Special Counsel, 2007-present

· Kirkpatrick & Lockhart Preston Gates Ellis LLP
- Associate, 1998-2007

· Reed Smith LLP
- Associate, 1996-1998

Board Memberships

· McCandless Athletic Association

Civic and Charitable Activities

· MCAA Summertime Blue T-Ball League
- General Manager

· Point Park Children's School Parents' Advisory Board

· Every Child, Inc.
- Community Volunteer

Member: Allegheny County Bar Association; Pennsylvania Bar Association; American Bar Association.

Practice Areas: Insurance Coverage; Environmental Litigation; Civil Litigation; Trial Practice; Commercial Litigation; Insurance; Reinsurance; Products Liability; Energy.Email: Julie S. Greenberg

Susan Schwochau (Special Counsel) born 1958; admitted to bar, 2001, Michigan; 2006, Pennsylvania; Eastern District of Michigan; Western District of Michigan; Sixth Circuit Court of Appeals. Education: University of Minnesota (B.S., with honors, 1980); University of Illinois (A.M., Industrial and Labor Relations, 1984); University of Illinois (Ph.D., Industrial and Labor Relations, 1986); University of Iowa College of Law (J.D., with highest distinction, 1999) Editor in Chief, Iowa Law Review; Order of the Coif.

Susan Schwochau practices in the areas of appellate and commercial litigation. She has particular experience in class action litigation, gaming law, insurance coverage, professional liability, telecommunications, electric regulation and election law.

Prior to entering private practice, Ms. Schwochau served as judicial clerk to the Honorable Carolyn Dineen King, Chief Judge of the U.S. Court of Appeals for the Fifth Circuit.

Ms. Schwochau is a 1999 graduate, with highest distinction, of the University of Iowa College of Law, where she was editor in chief of the Iowa Law Review and elected to the Order of the Coif, and a graduate of the University of Illinois (Ph.D., A.M., Industrial and Labor Relations) and the University of Minnesota (B.S., with honors).

Areas of Practice

· Appellate Litigation

· Commercial Litigation

Professional Activities

· American Bar Association

· Pennsylvania Bar Association

· Allegheny County Bar Association

· State Bar of Michigan

Experience

· Duane Morris LLP
- Special Counsel, 2008-present

· Dickinson Wright PLLC
- Associate, 2000-2006

· U.S. Court of Appeals for the Fifth Circuit
- Judicial Clerk to Chief Judge Carolyn Dineen King, 1999-2000

· University of Iowa, College of Business
- Assistant Professor, 1990-1996

· State University of New York at Buffalo
- Visiting Assistant Professor/Assistant Professor, 1985-1990

Member: American Bar Association; Pennsylvania Bar Association; Allegheny County Bar Association; State Bar of Michigan.

Practice Areas: Litigation.Email: Susan Schwochau


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