When litigation is unavoidable, Jay is a tenacious, highly skilled trial attorney with a track record of courtroom success:

• Successfully defended over a dozen claims asserted against an international company and its U.S.-based subsidiary and prosecuted counterclaims arising out of the parties’ contribution agreement, operating agreement and employment agreements containing noncompete provisions. Also established a multitude of breach of fiduciary duty claims, including the failure of an insider to disclose to the company’s management committee the insider’s intention to sell a competitive business to a relative. In this bet-the-company case, after a 33-day trial, the judge issued a 117-page decision and awarded the clients more than $17 million. The result was obtained through aggressive cross examination of the opposing side’s lay and expert witnesses and the trial team’s implementation of a litigation plan that weaved numerous facts together, which resulted in a compelling and victorious presentation.
• Represented clients employed by a Fortune 100 company accused of breaching noncompete agreements and misappropriating trade secrets in one of the first cases litigated under the Pennsylvania Uniform Trade Secret Act. After an extensive injunction hearing, the court denied the injunction and awarded the clients their attorney's fees. Later, the clients pursued a counterclaim and obtained a very significant monetary settlement.
• Successfully defended a lawsuit against a Fortune 500 company and prosecuted counterclaims arising out of a long-term supply agreement involving the pricing for chlorine and titanium tetrachloride. Based upon aggressively taking depositions, our client was able to prove that the pricing it was charged violated the implied duty of good faith and fair dealing and the open price term under the Uniform Commercial Code. A significant settlement was achieved after jury selection.
• Successfully prosecuted multimillion-dollar breach of contract and piercing the corporate veil claims on behalf of a Fortune 500 company against a real estate developer.
• Successfully defended a Fortune 500 company against claims that its operation of a variety store violated restrictive covenants covering grocery stores, food stores, and supermarkets.
• Successfully prosecuted appeals filed in the Department of Public Welfare on behalf of a large nonprofit organization regarding rates and reimbursements.
• Successfully defended large nonprofit organizations against claims made by the Attorney General regarding the reasonableness of executive compensation.
• Obtained a defense verdict by discrediting an executive plaintiff and establishing that the executive was fired for cause.
• Obtained a defense verdict in a multimillion-dollar contract dispute by establishing the unenforceability of a liquidated damages provision.