Commercial Litigation

 

Led by Peter Weidman, we provide sophisticated, aggressive advocacy in business disputes and litigation.  Our clients include publicly owned businesses, privately owned and closely held businesses, as well as individuals.  We practice in both federal and state courts, successfully prosecuting and defending cases involving, for example, shareholder and partnership disputes, breach of contract, fraudulent and negligent misrepresentation, unfair competition, breach of fiduciary duty, accountant malpractice, and real estate matters.  

 

Recent matters, typical of the kinds of cases we handle, include:

• Representing Time Warner Cable in an action to enforce the company’s right to provide cable services to residents of a large multi-dwelling apartment complex located in Philadelphia;
• Representing Retail Brand Alliance, Inc., the owner of the Brooks Brothers and Casual Corner clothing store chains, in a lawsuit against a shopping center owner who refused to reimburse more than $340,000 owed under a tenant build-out allowance;
• Representing a group of subordinated note holders in a Philadelphia television station in a dispute with the station owner and the senior lender arising from the owner’s default on promissory notes with a face value of more than $1.2 million;
• Defending the owner of a Philadelphia television station in a suit by a brokerage firm claiming to be entitled to a fee of more than $1 million arising from the owner’s sale of the television station for $48 million;  
• Defending ABM Industries Incorporated, a public company and one of the world's largest suppliers of building maintenance services for office buildings, in an action by the former owners of a maintenance company acquired by ABM who claim they are owed additional purchase price payments under the Asset Purchase Agreement. 

Employment Law and Litigation

 

Peter Weidman leads our Employment Law and Litigation Department, which provides hard-hitting, creative advocacy in employment disputes and litigation.  Our clients include both employers and employees.  We practice in both federal and state court, handling cases involving, for example, breach of employment agreements, violations of state wage payment statutes, theft of trade secrets and other intellectual property, violations of restrictive covenants, ERISA violations, wrongful discharge, and civil rights violations.

 

Recent cases, typical of the kinds of matters we handle, have included:

• Representing a large, regional accounting firm in a lawsuit against a former shareholder and several former employees seeking injunctive relief and damages for theft of trade secrets and violations of non-competition agreements;
• Representing a former President of the Bobcat Division of Ingersoll Rand Corporation in an ERISA dispute concerning the payment of deferred income following the sale of Bobcat;
• Representing a former officer of a paper brokerage firm for breach of a separation agreement requiring the firm to pay the client ongoing commissions;

• Representing a metal fabricating company in a lawsuit seeking damages from a former CEO who had been terminated for intentional misconduct. 

We also provide general labor and employment advice on the employer side, helping our clients comply with their legal obligations and avoid workplace liability and disputes.  Our advice has included drafting and implementing employee handbooks and policies. 

 

In addition, we serve as independent investigators for employers investigating allegations or charges of discrimination, harassment and other forms of workplace misconduct. 

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Special Education

 

Debbi Weidman leads our Special Education Department in addressing the unique needs of children with disabilities and providing the necessary supports for their family members.  We understand that while every child is entitled to a “Free and Appropriate Public Education” pursuant to federal and state laws and regulations, what that actually means for each child must be determined on a case-by-case basis.  We provide expert analysis of our clients’ records including Individual Education Programs (IEPs), Educational and Psychological Evaluations (school district and independent) and progress reports.  In addition, we understand that each child is more than these records.  We work closely with our clients, psychologists and therapists to gain an in-depth understanding of each child and what is required for that child to be successful.

 

Our Special Education Department has experience in many school districts throughout Pennsylvania.  Where possible, we work together with school district personnel in an effort to obtain programming and placement for our clients that will enable them to make meaningful progress both academically and socially.  However, when the interests of our clients and the school district conflict, we aggressively pursue the rights of our clients through Due Process Hearings and the appeals process.  Our goal for each client is to obtain fair compensation and the best possible education plan delivered in the appropriate environment. 

 

 

Executive Compensation

 

Led by Peter Weidman, we negotiate and structure employment and separation packages for senior business executives, lower level executives, and professionals, including physicians and attorneys.  With respect to employment packages, we have significant experience structuring and negotiating all aspects of executive and professional compensation, including drafting and negotiating employment agreements and contracts relating to stock, stock options, confidentiality, intellectual property, non-competition, and related issues.  We represent clients at all stages of the negotiation process, from initially structuring the package to negotiating and finalizing the agreements. 

 

Representative matters include the negotiation of employment agreements and packages for: 

• the President and CEO of Synthes, Inc., a publicly owned, $3.4 billion medical devices manufacturer;
• the President and CEO of HCI Direct, Inc., a direct marketer of women’s hosiery and other products owned by one of the world's largest publicly traded investment management firms;
• a Senior Vice President of QVC, Inc. responsible for developing international programming;
• a Senior Vice President of America Online in charge of Membership Marketing;
• a colorectal surgeon who moved his practice and research laboratory from one New York hospital system to another, becoming Chief of the Division of Colorectal Surgery for the new employer;
• the President and CEO of Victory Capital Management, an investment advisory firm owned by a Fortune 500 financial services firm;
• the Chief Financial Officer of Idenix, Inc., a publicly owned pharmaceutical company. 

We also have substantial experience negotiating and drafting separation packages in all employment termination contexts, including involuntary discharges with and without cause, and resignations with and without good reason.  Because we are also litigators, we are able to negotiate material improvements for our clients by not only threatening litigation but initiating it when necessary. 

 

Representative matters include the negotiation of separation agreements and packages for: 

• the President and CEO of Berkadia, Inc., a leading mortgage servicer with a portfolio of more than $220 billion;
• the President and CEO of Aramark, Inc., a public company and one of the country’s largest food and banquet services companies; 
• the President and CEO of North American Van Lines, one of the country’s largest moving companies;
• the President and CEO of HCI Direct, Inc., a direct marketer of women’s hosiery and other products owned by one of the world's largest publicly traded investment management firms;  
• a founder and co-CEO of CRM Holdings, Inc., a public company and one of the largest providers of workers compensation products;
• a cancer surgeon with the Cooper Health System.

Real Estate

 

With over 25 years of experience, Debbi Weidman leads our Real Estate Department in handling a wide variety of commercial and residential real estate transactions.  We have represented sellers and buyers, landlords and tenants in matters both large and small.  Whether our client is a large shopping center developer or a “mom and pop shop,” we provide the same aggressive negotiation style and attention to detail.  In addition to drafting, analyzing and negotiating traditional real estate documents, we have substantial experience in preparing and reviewing supporting finance and corporate documents.

 

Representative matters include:

• Representing Dairy Queen of Montgomery and Bucks County in connection with lease negotiations and franchise agreements with franchisees and Dairy Queen International, Inc.;
• Reviewing and negotiating shopping center leases for Image Beauty, Inc., a large regional health and beauty aids retailer;
• Lease negotiations for a Ben and Jerry’s franchisee with Plymouth Meeting Mall, Exton Mall and the landlord of space in the Manayunk section of Philadelphia;
• Representing a homeowner in connection with the sale of a $1.4 million home in Wynnewood, Pennsylvania;
• Representing a homeowner in connection with the construction and purchase of a $1.7 million home in Bryn Mawr, Pennsylvania.