| Practice Groups | |
Business Litigation Rhoads & Sinon’s Business Litigation Group covers the spectrum of business relationships. Our attorneys work closely with many other attorneys and practice groups from within the firm, drawing upon their substantial expertise and experience to provide our clients with unparalleled representation. We are well versed with the breadth of remedies that are sought in business cases, including injunctions, specific performance, lost profits, dissolution, and a vast array of consequential damages. No case is too large or too small. We regularly represent a wide spectrum of clients, from Fortune 500 companies to mid-sized businesses to start-up ventures in cases arising in State and Federal Courts throughout the Country. We understand the needs and desires of our clients, evaluating the strategy in every matter on a case by case basis. We thoroughly examine the facts and provide a detailed plan of litigation for our clients. We settle when appropriate, and litigate to verdict and appeal when necessary. Our business litigation practice covers: Administrative Litigation
Rhoads & Sinon has been representing clients in matters before Pennsylvania administrative agencies since its founding over 70 years ago. We maintain a diverse group of attorneys who have a wide range of experience before nearly every administrative body within the Commonwealth. Some of the agencies before whom we have recently represented clients include: Pennsylvania Environmental Hearing Board We understand how administrative hearings are conducted, the applicable pre-hearing procedures, and the manner in which information can be obtained or protected as part of the administrative process. We unique insight into both the regulations promulgated by the agencies before whom we appear and general administrative law, procedures, and standards. We also have extensive experience in appeals of agency decisions to the Commonwealth Court. We regularly appear before the Commonwealth Court and have particular expertise in deciphering the sometimes unusual rules and procedures applicable in litigation, whether appellate or original jurisdiction, before the Commonwealth Court of Pennsylvania. Antitrust and Trade Regulation Rhoads & Sinon’s Antitrust and Trade Regulation Group has substantial experience on all issues of State and Federal antitrust and trade regulation laws. Our business attorneys work in tandem with our litigation team in the representation of our clients on antitrust and trade regulation issues. We counsel clients involved in business transactions in order to avoid potential litigation and, when appropriate, zealously litigate on behalf of our clients. We advise clients on all types of trade regulation matters, including antitrust, unfair trade practices, tying, price fixing, price discrimination, bid rigging, predatory pricing, and distributor and franchise termination and discrimination claims. We also counsel our clients engaged in or considering mergers, acquisitions, and joint ventures, in connection with sales and distribution contracts, and conducting internal audits and investigations. We have represented corporations, as well as individual directors, in antitrust, trade regulation, and consumer protection investigations and litigation at the State and Federal level. Moreover, because of our intimate knowledge of the administrative process and State and Federal Courts and Judiciary, as well as our location in Harrisburg, we regularly serve as Local Counsel to clients and law firms who are involved in litigation or investigations in Pennsylvania. Rhoads & Sinon has a long history in the representation of its clients before State and Federal Appellate Courts within Pennsylvania and beyond. While we regularly represent our clients in appeals, we are also often called upon by other lawyer to serve as either appellate counsel or co-counsel in complex appeals. We thrive on addressing complex and difficult legal issues on appeal, crafting a well-defined brief and argument, identifying those specific issues which will result in success for our clients. We are well known for our expertise in appeals to Pennsylvania Appellate Courts, particularly the Pennsylvania Commonwealth Court. We are well versed in the sometimes confusing rules and understand the individual judicial preferences. We also regularly appear before the Supreme Court of Pennsylvania and the Superior Court of Pennsylvania on a wide range of appellate issues. Our litigators have been involved in numerous high profile cases before the United States Court of Appeals for the Third Circuit and we have participated in numerous cases that have been addressed by the Supreme Court of the United States. For more information, please visit our Appellate Group. Banking and Financial Services Litigation Rhoads & Sinon has been well-known for its expertise in the representation of banks and other financial institution since its founding over 70 years ago. From multi-billion dollar megabanks to small community banks, Rhoads & Sinon has served the entire spectrum of financial institutions. Our intimate knowledge of the nuances of banking law enables us to recognize, correct and, when necessary, litigate those issues that face banks and other financial institutions. We have been involved in many high-profile, high-exposure cases, finding success through either litigation or settlement. We are well-known for our unique approaches to settlement and the pioneering settlements we have achieved in complex disputes. We have represented our banking and financial services clients in direct, derivative, and class action cases involving claims of lender liability, breach of fiduciary duty, breach of contract, business torts, consumer protection, RICO, and privacy violations. We have also successfully pursued cases arising from check-kiting, wrongful dishonor, fraudulent endorsements and fictitious payees, and other theft of services and money against banks, as well as the representation of banks and financial institutions in all aspects of bankruptcy proceedings, from the initial work-out, through adversary proceedings and dissolution, including fraudulent conveyance and preference actions, and priority disputes. We have litigated claims arising under State and Federal Securities Laws, as well as fidelity bond and fraud claims arising from financial transactions. We have also counseled clients in matters related to collateral foreclosure proceedings, enforceability of commitment letters and letters of credit, participation agreements, guaranty and surety agreements, and municipal and tax-exempt bond transactions. In addition, we are regularly involved in litigation arising from a financial institution’s fiduciary duties, working in tandem with our Professional and Fiduciary Liability Group, to address claims of improper account administration, improper distribution, surcharge, removal, will and spousal contests, bond and trust indenture claims, and conflicts of interest. Our Bankruptcy Litigation Group is skilled in representing clients in particularly complex bankruptcy law and litigation. We have represented financial and other lending institutions, distressed corporate entities, individual officers and directors, stockholders, bondholders, and creditors’ committees in all aspects of reorganizations, workouts, and liquidations, as well as in related commercial litigation. Because of the strength of our Banking Group, we regularly are called upon to defend or prosecute lender liability claims. Our lawyers are experienced with the sometimes unique rules and procedures of the Middle District of Pennsylvania, and work closely with our other practice groups to provide our clients with the most effective counsel possible. For more information, visit our Bankruptcy and Workout Strategies Group. Business Insurance and Coverage Litigation Rhoads & Sinon has a long history of representing clients in insurance disputes. We represent both insurers and corporate insureds relative to disputes relating to insurance coverage. Our well-established experience, coupled with our intimate knowledge of both insurers and insureds, enable us to provide our clients with a unique and often unmatched perspective. We have been involved in pursuing and defending many different coverage issues, including advertising and personal injury, bad faith, business interruption, construction defects, directors and officers, professional liability, environmental concerns, including mold, privacy, defamation, fraud, securities, and unfair competition. We also recognize that settlement is sometimes preferable to protracted and expensive litigation. Our experience enables us to counsel our clients as to the best time and manner in which to approach settlement. Moreover, our experience allows us to undertake complex and sometimes cutting edge settlement agreements, which many clients would not otherwise have even considered. At all times, we are cognizant of our client’s needs and desires, whether financial or business driven, and regularly consider and employee alternative dispute resolutions. In many business disputes that result in litigation, the lawsuits advanced include business tort claims such as fraud, fraudulent misrepresentation, negligent misrepresentation, conversion, misappropriation, trespass, and intentional or tortious interference with contractual relations, as well as statutory claims including violations of RICO, the Pennsylvania Unfair Trade Practice and Consumer Protection Law, and the Pennsylvania Uniform Trade Secrets Act. We represent our business clients in that litigation both as plaintiffs and defendants, from initial negotiations to final appeal. We recognize and understand the value of resolution, when appropriate. We also recognize and understand the necessity of a fight, when appropriate. We stand ready to work with our clients to develop the best course of action for their case, then we do it. We do not engage in unnecessary delay, nor do we ever shy away from a controversial position or stance on behalf of our client. If we determine that an argument or position serves the best interests of our client, we take it. And we get results. We have substantial experience representing clients in federal, state, and multidistrict class action lawsuits. We have been lead counsel high profile, groundbreaking class action litigation, as well as in many “standard” class actions. We are well versed in the standard and procedures for class certification, notice, options, and settlement. We possess the legal skills and the depth, as well as the logistical and technological capabilities, to serve as lead counsel in any class action litigation. Rhoads & Sinon has a long-standing history of representing municipal governments, schools, and elected and appointed public officials in the defense of alleged violations of civil rights. Our vast experience in the defense of such cases, coupled with our substantial knowledge of the Federal Courts within Pennsylvania uniquely position Rhoads & Sinon to provide the best possible defense. The cases have included claims arising for violation of free speech and related First Amendment rights, substantial and procedural due process, equal protection, and other State and Federal Constitutional claims. We have defended school districts, cities, boroughs, townships, police departments, and municipal authorities, as well as their elected and appointed officials. We regularly monitor developments in the law, so as to enable our clients to know and understand the trends in the law, in order to avoid potential costly litigation. We are, in addition, experienced in the prosecution of civil rights claims, where our business clients have been the victim of an unconstitutional statute or regulation. We have pursued claims through the Pennsylvania Appellate Courts and Federal Trial and Appellate Court. Rhoads & Sinon regularly represents clients in complex commercial disputes, including breach of contract claims, fraud and other business torts, professional liability and malpractice claims, RICO violations, shareholder and partnership disputes, commercial bankruptcies and corporate workouts, securities disputes, and bondholder litigation. Because of our depth, we are able to draw upon many diverse practice areas, thereby providing our clients with the most experienced counsel, without the client having to pay counsel to “learn” a new practice area. Our Complex Litigation team works in tandem with attorneys from our Banking, Tax, Trust and Estates, Bankruptcy and Workout, Environmental, Public Utilities, Mergers & Acquisitions, Business, Construction, Employment and Labor, Education, and Employee Benefits Groups. In each case, we carefully evaluate the facts, making recommendation and providing counsel to clients in an effort to limit or eliminate defense costs. Where resolution is impossible or not appropriate for the client’s needs, we fight. Rhoads & Sinon’s Construction Litigation Group has a long history of representing a wide array of both public and private entities in the litigation of construction claims, including school districts, municipal authorities, local government units, sureties and bonding companies, contractors, subcontractors and material suppliers, and design professionals. For more information, visit our Construction Law Group. Corporation, Partnership, and Corporate Control Litigation Rhoads & Sinon has extensive experience in resolving closely held business disputes. Business associates, joint-venture partners, close friends, and family members benefit from our attorneys’ skill in finding fair, effective, and commercially viable ways to unravel even the most complicated business and financial arrangements. We regularly represent publicly traded corporations, as well as mid-sized private corporations and individual majority or minority shareholders. The wide scope of our practice enables us to draw upon other experts to provide guidance and counsel in such disputes, many times crafting unique and groundbreaking settlements of litigation. We provide counsel to our corporate clients in an effort to avoid litigation. In this regard, we regularly evaluate and advise clients on change of control agreements, proxy statements and disclosures, media disclosures, bylaw amendments and interpretations, confidentiality agreements, board practice, and shareholder rights plans. We recognize the damages that can be suffered by a business when internal strife occurs,. In this regard, we carefully review and consider all avenues of resolution before parties become entrenched and the litigation explodes. When necessary, however, we stand ready to defend our clients’ positions in any forum throughout Pennsylvania and the Country. Directors and Officers Liability Litigation When a corporate client is sued, its board of directors and officers are also named as defendants. In such circumstances, those individuals often need, and are entitled to, independent representation. Rhoads & Sinon is well-known for its representation of individual directors and officers in the face of complex and difficult litigation. In those circumstances, we work closely with company counsel, recognizing, however, the need for complete independence and a duty to defend our individual clients. We counsel our clients on matters critical to their independent defense of litigation. In many cases, such representation is or should be covered by D&O insurance coverage. We have extensive experience in negotiating coverage under these policies for potential actions, and in aiding individuals in obtaining coverage or recovery from an insurer in the event such coverage was warranted. We are able to convince carriers to appoint our firm to represent individual directors and officers, because of our reputation for success in the defense of such claims. We also regularly act as local counsel in litigation filed in the Middle District of Pennsylvania, providing both procedural and substantive guidance to lead counsel. Because of our substantial experience in the representation of school districts and higher education institutions throughout Pennsylvania as special counsel, we are regularly called upon to engage in litigation related to such educational facilities. In those circumstances, we work closely with other applicable practice groups, most regularly our Employment and Labor Law Group. We handle teacher and professor discipline and termination, student discipline and expulsion, special education, civil rights, breach of contract claims, constitutional claims, and due process claims before State administrative agencies and Federal and State Courts. We also counsel our educational clients to avoid litigation, through the enactment and enforcement of policies and procedures, as well as the potential for time and cost saving arbitration and mediation. For more information, visit our Education Law Group and our Employment and Labor Law Group. We represent employers in all aspects of litigation, including statutory claims arising under Title VII of the Civil Rights Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Fair Labor Standards Act, WARN Act, OSHA, MSHA, and corresponding state laws, as well as claims arising under contractor or common law, including the enforcement of confidentiality and non-compete agreements. For more information, visit our Employment and Labor Law Group. Our Environmental Litigation Group is known throughout Pennsylvania and the Country. We regularly represent individuals, municipalities, municipal authorities, school districts, owners, generators, and transporters in all aspects of environmental litigation. We have successfully litigated numerous issues of first impression before State and Federal Courts, as well as before the Pennsylvania Environmental Hearing Board. For more information, visit our Environmental Law Group. Few law firms in Central Pennsylvania have experience in the defense of claims arising under ERISA. Working closely with our Benefits Group, lawyers within our ERISA Litigation Group regularly defend employee benefit plans, their sponsors, administrators, fiduciaries, and other related parties. We have successfully represented health insurers in litigation arising from the defense of claims arising from benefit denials, claims by former executives on allegations of an improper calculation of benefit and pension amounts, claims for an improper payment of severance amounts, and claims for alleged breaches of fiduciary duties. While we have enjoyed tremendous success in the defense of ERISA claims, we are also mindful of the necessity of controlled litigation expenses and the ability to avoid litigation. Accordingly, we have substantial experience in counseling clients to avoid litigation and, when filed, we carefully consider all available options to limit litigation costs, if possible. When appropriate, we counsel our clients to resolve claims. If settlement is not appropriate, we zealously defend the claim, drawing on our depth and experience, as well as our intimate knowledge of the Federal Courts throughout Pennsylvania to achieve success on behalf of our clients. For more information, visit our Employee Benefits Group. Injunctive and Emergency Relief Recognizing the need for legal resolution often cannot await the normal litigation track, Rhoads & Sinon has formed a unique Injunctive and Emergency Relief team to address those circumstances where the need for relief is immediate. When a client needs urgent assistance, we are prepared to respond, any time and in any location. Our lawyers are well-versed in the legal standards and requirements of injunctive and emergency relief, so as to enable even more expeditious disposition. Our intimate knowledge of State and Federal Court procedures, and the preferences of the individual Judges in those Courts, serves our clients well, particularly where time is of the essence. We work in tandem with our Employment and Labor Group and Intellectual Property Group, as well as other lawyers within the firm, to provide the most effective and rapid response to the facts presented. Having faced many of the same issues and Judges previously, we are uniquely able to obtain relief in the most efficient manner. Intellectual Property Litigation Our Intellectual Property Litigation Group includes highly experienced teams of trial lawyers with established track records in the courtroom. We regularly represent our clients in a number of intellectual property disputes involving patent, trademark, trade secret, and copyright matters. We have represented a wide array of clients in intellectual property litigation, manufacturers, pharmaceutical companies, and entertainment companies. Because of our intimate knowledge of the Middle District Courts and Judiciary, we are regularly retained as Local Counsel to some of the largest clients and law firms in the Country. In those circumstances, we provide guidance and counsel to both the client and their lawyers, on a variety of aspects, both substantive and procedural. For more information, visit our Intellectual Property Group. Rhoads & Sinon represents physicians, medical staffs, hospitals, rehabilitation hospitals, and continuing care retirement communities, as well as a host of other entities involved in health care operations on a wide range of legal issues. Our Health Care Litigation Group are involved in counseling and litigation related to many different aspects of health care, including medical staff issues, privacy, qui tam claims, health care contracts, and HIPAA. We also have substantial experience in addressing regulatory issues at both the State and Federal levels, as well as providing guidance in administrative claims involving health care clients. When appropriate, we work closely with other attorneys within the firm, including the employment and labor, benefits, insurance, corporate, and tax-exempt finance groups, in order to provide our clients with the highest level of comprehensive service. Professional and Fiduciary Liability Rhoads & Sinon’s Professional & Fiduciary Liability Group is comprised of experienced litigators who regularly represent a wide variety of clients in fiduciary and professional litigation, including: Banks and other Financial Institutions; Claims against fiduciaries routinely involve complex issues with significant economic consequences. Our attorneys are well versed in assisting clients before the commencement of litigation, thereby limiting or avoiding litigation in its entirety. We have substantial experience in training and counseling of clients to avoid litigation, efficiently and discreetly resolving conflicts or disputes without the need for protracted litigation, and, if necessary, aggressively defending or pursuing claims on behalf of our clients. We understand the often complex factual circumstances that arise in claims involving fiduciaries, as well as the unique legal and procedural aspects of litigation. Real Estate, Land Use and Zoning Litigation Rhoads & Sinon’s Real Estate, Land Use, and Zoning Litigation Group represents clients involved in all types of commercial, residential, and industrial projects. We bring in-depth knowledge to every project, together with efficient, timely, and professional service, regardless of the size or complexity of the project. Our substantial depth and experience renders us well-suited to litigate when necessary and we have successfully represented many clients on real estate matter through trial and appellate proceedings. When appropriate, we draw upon the expertise of other practice groups, including our Real Estate and Environmental Groups. We understand that settlement if sometimes appropriate on cases that might otherwise involve protracted and costly litigation and utilize a variety of alternative dispute resources to accomplish that goal. We regularly represent clients in litigation in a variety of areas related to real estate law, including: Adverse possession Securities and Shareholder Litigation Rhoads & Sinon represents corporations, as well as individual officers and directors, in actions for fraud and misrepresentation brought by shareholders. Our securities litigators monitor the rapid changes in regulatory, legislative, and judicial environments as they relate to potential civil and criminal exposure. We represent corporate and individual clients in arbitrations, civil litigations, and investigatory and disciplinary proceedings, before State and Federal regulators, involving, among other things, claims for suitability, fraud, and churning, arising under the Securities Act of 1933, Securities Exchange Act of 1934, and corresponding state laws, as well as other federal and state laws covering such conduct. We have substantial experience before both the SEC and the NASD, as well as arbitration proceedings under the rules of the American Arbitration Association (AAA). We have been involved in numerous class action securities lawsuits, many times achieving complete vindication of our clients and in other circumstances creating groundbreaking settlement vehicles. We also regularly advise corporate clients, directors, and individual shareholders in litigation arising from disputes about the management, sale, or dissolution of a business. We represent both public and private companies throughout Pennsylvania and the United States. We have been involved, both in the pursuit and defense of, claims arising from bank and corporate mergers and acquisitions, going private transactions, breach of fiduciary duty litigation, forced buy-outs of minority shareholders, freeze out transactions, shareholder derivative litigation, and fraud and corporate mismanagement claims. State and Federal Tax Litigation Our Tax Litigation team works closely with our nationally recognized State and Federal Tax Group to defend our clients in all aspects of litigation associated with Federal or State Taxes. We regularly represent individuals in responsible party claims for unpaid withholding taxes, in claims for tax deficiencies, and claims for refunds, as well as corporate clients seeking to avoid liability or limit taxes on a State or Federal level. We have substantial experience before the Pennsylvania Department of Revenue and the Pennsylvania Appellate Courts, and are well-known for our role in shaping some of the most significant State tax decisions in the history of the Commonwealth. We also have substantial experience before the IRS, and are well-known to the many representatives who are charged with conducting field audits of clients. Our knowledge of the representatives and their preferences provides a significant benefit to our clients who are faced with the most unpleasant circumstances of a federal tax audit. We are also well-prepared to, when necessary, litigate. When appropriate, we take aggressive positions on behalf of our clients, enabling them to achieve a favorable settlement or avoid liability entirely. Our longstanding reputation and credibility within the tax arena enables us to take positions and advance arguments that many other firms are unwilling or unable to do. For more information on the services provided in the area of State and Federal Taxation, visit our Tax Group. Rhoads & Sinon has substantial experience in litigation arising from the administration of trusts and estates. We regularly litigate, at both the trial and appellate level, matters involving will contests, breach of fiduciary duty claims, trust administration claims, and petitions to remove trustees. Our litigators are well known and respected in Orphans Courts through Pennsylvania. Our long-standing reputation as a premier trust and estates litigation firm, coupled with the substantial depth in our group, enables Rhoads & Sinon litigate even the most complex trusts and estates litigation to successful resolution. We often work closely with other lawyers throughout Pennsylvania who seek our counsel on complex matters relating to trusts and estates litigation. Our expertise in this area enables us to efficiently, accurately, and confidently evaluate the likelihood of a successful challenge, thereby enabling our client to make reasoned decisions on how to proceed with possibly expensive litigation. We are well-aware of the substantial costs that can occur for a client, even in successful litigation. We work closely with our clients in an effort to avoid litigation and, where appropriate, to resolve disputes. However, when necessary, our experience allows Rhoads & Sinon to stand ready to fight, through the highest appellate level. For more information, visit our Fiduciary and Trust Litigation Group. White Collar Criminal Defense, Internal Investigations, and Corporate Compliance In disputes involving corporate governance, Rhoads & Sinon is well-known for its defense of lawsuits attacking specific transactions and allegations of corporate mismanagement. We have assisted boards in developing strategies to avoid litigation and provided counsel to corporations, and their directors, officers, and committees in the defense of shareholder litigation. Our experience includes a wide variety of direct, derivative, and class action cases involving fraud, breach of fiduciary responsibility, federal securities laws, structured and derivative financial transactions, corporate control contests, and partnership and shareholder disputes. We also have substantial experience in addressing those instances where an employee becomes a whistleblower or governmental agents pursue a company with a search warrant. We work to diffuse or resolve a situation of that nature before it hits the public eye. However, in the event resolution is not possible, we are able to draw upon our depth and substantial experience to aggressively defend any criminal, administrative, or corresponding civil proceedings against our clients. Rhoads & Sinon also regularly assists its clients in conducting internal investigations and performing internal audits to assure compliance with State and Federal law. We evaluate compliance issues in order to create strategies to avoid or minimize liability before the government agents appear. In addition, because of its experience and in-depth knowledge of the Judiciary in the Middle District of Pennsylvania, Rhoads & Sinon is often called upon to serve as Local Counsel in such proceedings, offering assistance behind the scenes or before the Judge and Jury. In each circumstance we understand and recognize the value of the attorney-client relationship, working with trial counsel to present the most effective defense. Business Litigation Online Articles Piercing The Corporate Veil: A Lender's Last (And Potentially Rewarding) Resort Libel, Slander and Defamation: Banks Beware! A New Threat Emerges: Lenders Can Be Held Liable For A Debtor Corporation's WARN Act Violations Rhoads & Sinon Obtains Dismissal of Federal Antitrust Lawsuit Pennsylvania Superior Court Grants New Trial in DeRita v. Project Adventure and Schaefer Marine Engineer Liability After Bilt-Rite; ACEC/PA By Design Special Report May, 2005 Protecting Trade Secrets Just Got Easier: Pennsylvania Adopts Uniform Trade Secrets Act Software Piracy: Don't Let Your Company Become An Example Error of Judgment, An Obsolete Jury Instruction The Top 10 Things Attorneys Look For In Selecting An Accounting Expert Witness Legal Pitfalls of E-mail: From Privacy Concerns to Litigation Perils, Companies Must Limit Risks To Arbitrate Or Not To Arbitrate: It Is A Question Worth Asking
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