Clair is a skilled litigator with a national practice in a wide range of complex commercial litigation matters. Clair represents clients in all aspects of business-related litigation, including disputes involving contracts, employment, competition, real estate, and intellectual property matters.
Clair is particularly adept at securing injunctions in non-competition and trade secret matters, as well as defending against injunction motions. Clair is also highly experienced in zoning and land use matters.
In addition to her litigation practice, Clair regularly advises and represents clients in the sale and purchase of restaurants and the transfer of liquor licenses. She also represents liquor licensees in renewal and enforcement actions.
Clair’s experience includes:
- Construction defects
- Consumer class actions
- Director & officer liability
- False advertising
- Health care
- Liquor licenses
- Partnership disputes
- Real estate
- Trade secrets
- Zoning and land use
Select Representative Matters
- In re IMMC Corp., 909 F.3d 589 (3d Cir. 2018). Obtained precedential Third Circuit decision affirming denial of transfer of $250 million adversary proceeding against former officers and directors of medical diagnostic company. Successfully argued before Third Circuit panel on novel bankruptcy issue.
- First Data Merchant Services Corp. v. SecurityMetrics, Inc., 672 Fed. Appx. 229 (4th Cir. 2016). Successful defense of Lanham Act and Antitrust claims against First Data. Fourth Circuit affirmed denial of summary judgment.
- Swearingen v. Healthy Beverage, LLC, 2017 WL 1650552 (N.D. Cal. May 2, 2017). Obtained dismissal of putative consumer class action alleging false advertising against beverage manufacturer.
- Parks v. Zayo Bandwith, LLC, 2016 WL 538328 (E.D. Pa. 2016). Obtained dismissal of putative class action under the federal Worker Adjustment and Retraining Notification Act (“WARN Act”).
- Pulse Technologies, Inc. v. Notaro, 67 A.3d 778 (Pa. 2013). Obtained enforcement of covenant not to compete against medical device engineer in precedential Pennsylvania Supreme Court decision.
- Sullivan v. Duncan, 2015 WL 4393316 (S.D.N.Y. July 17, 2015). Obtained dismissal of copyright infringement and unfair competition claims against MTV and Viacom in connection with reality television show “Bullrun.”
- Beacon Enterprise Solns. Grp., Inc. v. MDT Labor, LLC, 2013 WL 253005 (W.D.K.Y. 2013). Defeated preliminary injunction motion in commercial contract dispute.
Before Fox Rothschild
While in law school, Clair was an executive editor and staff member of Temple Journal of Science, Technology and Environmental Law. She also interned for the Philadelphia Office of Chief Counsel of the Internal Revenue Service. Upon graduation, Clair received the Reuben E. Cohen Memorial Prize for graduating with the highest academic achievement in law related to zoning and land development.
Prior to her practice of law, Clair worked in the automobile industry as a finance manager.
Beyond Fox Rothschild
Clair is an active member of the Bucks County Business Association and regularly volunteers with Legal Aid of Southeastern Pennsylvania to provide pro bono representation in protection from abuse hearings. Clair previously served as a member of the Perkasie Borough Zoning Hearing Board.