Representative engagements include:
Antitrust and Pricing Disputes
- defending a branded grocery store chain against resale vertical price fixing and Robinson-Patman price discrimination claims in an arbitration proceeding before the American Arbitration Association
- represented an opt-out merchant in the Payment Card and Interchange Fee Antitrust MDL Litigation
- dismissed antitrust and constitutional claims brought by a competitor fire alarm monitoring services company. Alarm Detection Systems, Inc. v. Orland Fire Protection Dist., et al., 326 F. Supp. 3d 602 (N. D. Ill.,2018) affirmed 929 F. 3d 865 (7th Cir. 2019)
- secured dismissal in favor of a security alarm monitoring services company against a competitor’s antitrust and constitutional claims and obtained affirmance on appeal. Alarm Detection Systems, Inc. v. Village of Schaumburg, 2018 U.S. Dist. LEXIS 168170 (N.D. Ill., Sept. 28, 2018) affirmed 930 F. 3d 812 (7th Cir. 2019)
- obtained summary judgment for a petroleum marketing company dismissing claims for below cost sales in violation of Florida’s Motor Fuel Marketing Practices Act and Deceptive and Unfair Trade Practices Act. NJN Systems, Inc. v. Sunoco, Inc., 95 F. Supp. 3d 1330 (M.D. FL. 2015), affirmed (11th Cir. April 6, 2016)
- challenged a fire district’s enactment of a municipal ordinance making it the exclusive provider of fire alarm monitoring services on antitrust, constitutional and state law grounds. ADT Security Services, Inc. v. Lisle-Woodridge Fire Prot. Dist., 672 F. 3d 492 (7th Cir. 2012); 799 F. Supp. 2d 880, 888 (N.D. Ill. 2011)
- defended convenience store owners and operators against a competitor’s claim they violated the below cost sales provision of Pennsylvania’s Cigarette Sales and Licensing Act
- defended consumer fraud price gouging claims brought by New Jersey Attorney General related to motor fuel pricing in the aftermath of Hurricane Katrina
- defended to dismissal a petroleum marketing company against a nationwide class of franchisees seeking compensation for alleged bad faith pricing. Callahan v. Sunoco, Inc. (R&M), 2004 WL 1119936, 58 Fed. R Serv. 3d 638 (E.D. Pa. 2004); Callahan v. Sunoco, Inc. (R&M), 2005 WL 994615, 57 UCC Rep. Serv. 2d. (E.D. Pa. 2005)
- defended to dismissal and through appeal a bad faith pricing claim brought against a large petroleum marketing company by 12 of its franchisees. Tom-Lin Enterprises, Inc. v. Sunoco, Inc. (R&M), 349 F.3d 277 (6th Cir. 2003)
- defended a petroleum refiner and marketer through trial and appeal against price discrimination claims under the Robinson-Patman Act and open term bad faith pricing claims under the Uniform Commercial Code. Schwartz v. Sun Company, Inc. (R&M), 21999 U.S. Dist. LEXIS 22257 (E.D. Mi., December 6, 1999), reversed in part, affirmed in part, 276 F. 3d 900 (6th Cir, 2001).
Franchise and Dealer Litigation
- defended a petroleum marketing company against claims that the sale of its marketing premises violated the New Jersey Franchise Practices Act.
- prosecuted federal tax refund claims for ethanol blending fuel credits. Sunoco, Inc. v. United States, 129 Fed. Cl. 322 (2016)
- obtained summary judgment for a petroleum marketing company dismissing claims for violation of Virginia’s Petroleum Products Franchise Act. RWG Ventures, Inc. v. Sunoco, Inc. (R&M), et al., 2015 U.S. Dist. LEXIS 158210 (E.D. Va. 2015)
- defended a petroleum marketing company against a competitor’s attempt to enjoin its rebranding of 35 retail stores in Virginia. BP Prods. N. Am., Inc. v. Southside Oil, LLC, 2013 U.S. Dist. LEXIS 176286 (E. D. Va. 2013)
- sought to enjoin the termination of a trademark licensing agreement under the Petroleum Marketing Practices Act on behalf of a petroleum refiner. Suncor Energy (USA), Inc. v. Phillips 66 Company, (D. Colo. 2013)
- obtained emergency interim relief under the Optional Rules for Emergency Measures for Protection of the American Arbitration Association requiring a terminated distributor of a medical device manufacturer to return customer records. In the Matter of the Arbitration Proceeding Between Draeger Safety Diagnostics Inc. and New Horizon Interlock, Inc. (Dallas, Texas 2011)
- obtained a directed defense verdict in a class action seeking $700 million in damages for breach of contract claim by a nationwide class of current and former dealers of ADT Security Services, Inc. Advantek Pro, Inc. v. ADT Security Services, Inc., Arapahoe County District Court, Colorado (2010)
- enjoined a petroleum distributor from changing the brand of its 15 Charlotte, North Carolina retail stores. Sunoco, Inc. (R&M) v. LSAA, Inc., 2005 WL 2076412 (W.D. N.C. 2005)
- defended a security alarm company through trial against breach of contract claims brought by one of its authorized dealers. RS&I, Inc. v. ADT Security Services, Inc., Arapahoe County District Court, Colorado (2009)
- defeated a franchisee’s suit seeking to enjoin the termination of a franchise agreement under the Petroleum Marketing Practices Act. NSY, Inc. v. Sunoco, Inc. (R&M), 218 F. Supp. 2d 708 (E.D. Pa. 2002).
Shareholder Litigation and Business Torts
- representing former managing member of a Delaware LLC disputing an allocation of proceeds from a company sale in Delaware Chancery Court
- defended minority shareholders and corporate officers against breach of fiduciary duty and accounting claims under the Virginia corporate code in Virginia state court
- obtained summary judgment for two corporate health care executives on fraud and breach of fiduciary duty claims arising out of a failed Merger Agreement. Olympus Managed Health Care, Inc. v. American Housecall Physicians, Inc., 853 F. Supp. 2d 559 (W.D. N.C. 2012)
- investigated wrongful trade secret disclosures on behalf of a pharmaceutical company
- defended a corporation against breach of contract claims arising out of a Stock Purchase Agreement in an arbitration proceeding governed by the Commercial Arbitration Rules of the American Arbitration Association. In the Matter of The Arbitration Proceeding Between Occitan Investments Ltd. and Olympus Healthcare Solutions, Inc. (Washington, D.C. 2009)
- brought a claim in Delaware Chancery Court to determine the person entitled to the corporate offices of Chief Executive Officer and President of a Delaware corporation (2003)
- defended dehumidification company against a competitor’s Lanham Act and commercial disaragement claims in New Jersey federal court.
Consumer Financial Services Litigation
- defending a structured settlement purchaser against class RICO, constitutional and breach of fiduciary duty claims in Pennsylvania federal court
- defending a structured settlement purchaser against putative class action claims for fraud and state law unfair trade practices in Missouri federal court.
Legal Malpractice Litigation
- defending AmLaw 100 law firm against legal malpractice and breach of fiduciary duty claims in New Jersey state court.
Tort and Product Warranty Litigation
- defended an electric transformer manufacturer against an electric utility’s breach of warranty claims in Arizona federal court
- acted as national coordinating counsel for a multinational chemical manufacturer in its defense of asbestos premises liability claims
- brought a claim against a tug boat and its owner to recover for damage to the river water intake system of a coal fired electric power plant. Exelon Generating Co., LLC v. Vane Line Bunkering Co., 2008 WL 2188333 (E.D. Pa. 2008)
- brought a claim against a strip coal mine operator to recover remediation costs incurred when it stuck an underground gasoline pipeline. Sun Pipeline Company v. Mallard Construction Co., Northumberland County Court of Common Pleas, Pennsylvania (2008)
- defended to dismissal a breach of warranty claim against a manufacturer of children’s furniture. Simplicity, Inc. v. MTS Products, Inc., 2006 WL 924993 (E.D. Pa. 2006)
- compelled arbitration of a wrongful death claim based on an arbitration clause in a consumer contract and defended the claim in an arbitration proceeding administered by the National Arbitration Forum. Peltz v. Sears Roebuck & Co., 367 F. Supp. 2d 711 (E.D. Pa. 2005)
- defended a disability insurer against first party benefit and bad faith insurance practices claims
- defended to dismissal libel and slander claims against an Italian Public Television Broadcaster. D’Onofrio v. Il Corriere Della Sera, 373 F. Supp. 2d. 555 (E.D. Pa. 2005)
- defended through arbitration a freight forwarding company against a claim that it was vicariously liable for the acts and omissions of its Indonesian agent for its alleged failure to pay Indonesian import taxes. In the Matter of the Arbitration Proceeding Between Alstom Power, Inc. and BDP International, Inc. (New York, 2003).