Andrew J. Defalco
Andrew J. DeFalco, a Member of the firm, is a business litigation attorney who specializes in the representation of companies and individuals in complex corporate and commercial cases, at both the trial and appellate level. He routinely represents clients in sophisticated legal matters, business contracts, real estate and leasing claims, business tort claims including tortious interference and fraud, defamation and invasion of privacy claims (including claims relating to computer and internet privacy statutes), defamation and invasion of privacy, “business divorces” and corporate litigation, executive employment and restrictive covenant litigation, trade secret and unfair competition claims, employer negligence and negligent supervision claims, consumer fraud litigation, banking disputes including mortgage foreclosures and confession of judgment; and other commercial, corporate and business disputes. Mr. DeFalco also has significant experience with construction litigation, insurance litigation, fidelity and surety representation, election law representation, and employment litigation. Mr. DeFalco is also a top appellate lawyer who has successfully briefed and argued appeals before the Supreme, Superior and Commonwealth Courts of Pennsylvania, and the United States Court of Appeals for the Third Circuit.
Super Lawyers – the “ultimate guide to the top lawyers in Pennsylvania” – has named Mr. DeFalco as a Super Lawyer from 2015 through 2019, based upon his high-degree of peer recognition and professional achievement. Mr. DeFalco is a frequent author and speaker who has been published regularly in the Legal Intelligencer the GC Mid-Atlantic, and other publications, and has lectured on business law, the attorney-client privilege, and insurance issues.
An active trial and appellate attorney, Mr. DeFalco has tried numerous cases in federal and state courts, and private arbitrations.
Representative Matters Include:
- Represented a multi-national corporation in litigation involving the international sale of goods in Eastern Europe, and obtained a favorable jury verdict;
- Represented a prominent Philadelphia car dealer in litigation involving the acquisition of an automobile dealership, and secured the acquisition on favorable terms;
- Represented a prominent developer of post-acute care facilities in a dispute over the acquisition of historic property, reaching a favorable settlement;
- Represented a prominent Philadelphia restaurant organization in litigation alleging fraudulent inducement to enter into a lease, obtained a favorable settlement and tried the case to verdict;
- Represented manufacturers of flexible dye equipment in a business divorce case; obtained a $1.3 million verdict in binding arbitration against the acquiring entity;
- Represented a prominent developer in fraud litigation against a national bank, where a favorable confidential settlement was reached;
- Represented personal injury victims in a Civil RICO claim against aircraft manufacturers which conspired to defeat a valid claim, where a favorable settlement of over $1 million was reached;
- Represented a prominent Philadelphia sports personality against vicarious liability claims relating to the conduct of family members, where the entire claim was dismissed;
- Represented a Pennsylvania casino investor in litigation relating to alleged improper political donations, with a favorable result;
- Represented a prominent Philadelphia attorney in defamation litigation against a “legal watchdog” blog; and
- Represented a former Philadelphia news personality in negligence and invasion of privacy litigation against a network news organization. Mr. DeFalco has also handled successfully numerous appeals before the Pennsylvania Supreme Court, the Pennsylvania Superior Court, and the Pennsylvania Commonwealth Court.
Mr. DeFalco received his J.D. in 1999 from the University of Notre Dame Law School in South Bend, Indiana. He graduated from Bucknell University in Lewisburg, Pennsylvania, where he was a starting defensive tackle on the football team. He is licensed to practice in Pennsylvania, New Jersey and the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the District of New Jersey, the United States District Court for the District of Colorado and the United States Court of Appeals for the Third Circuit.
His publications include “Is RICO a Remedy in Garden-Variety Business Contract Disputes,” The Legal Intelligencer/GC Mid-Atlantic, Oct. 24, 2012 at 4; “The Application of Attorney-Client Privilege to Email Strings,” The Legal Intelligencer/GC Mid-Atlantic, Aug. 22, 2012, at 5; “An Overview of the Pennsylvania Attorney-Client Privilege in a Corporate Setting,” Accredited CLE Presentation through S. Freedman & Co., Inc. (Jul.-Aug. 2012); “Licensed to Defraud?”, The Metropolitan Corporate Counsel, January 2006, at 19; “Bilt-Rite and the Future of Architecture”, The Legal Intelligencer, Apr. 17, 2006, at 6; and “Litigating the Insurance Coverage Dispute”, National Business Institute’s Insurance Coverage Law in Pennsylvania Seminar (May 2005).
When not practicing law, Mr. DeFalco enjoys spending time with his two children, David and Caroline. He is an avid sports fan, and an enthusiastic patron of Philadelphia’s many fine restaurants.
- Notre Dame Law School J.D. 1999
- Bucknell University B.A. 1995
- Breach of contract (written, oral, implied and/or constructive), and all aspects of contracting, including enforcement, interpretation, formation, drafting, performance, consideration, breach (actual and/or anticipatory), remedies, defenses and damages;
- Real estate and leasing claims;
- Promissory estoppel, unjust enrichment and quasi-contract claims;
- Business torts, including tortious interference with contract, abuse of process, malicious prosecution and fraud, as well as state and federal civil RICO claims;
- Defamation, false light and invasion of privacy claims (including claims relating to computer and internet privacy statutes);
- “Business divorces,” corporation, partnership, executive, director and officer claims, including breach of fiduciary duty, usurpation of corporate opportunity, indemnification and advancement of legal fees and expenses, books and records requests, claims of minority oppression and squeeze-out, and dissolution claims;
- Executive employment, including restrictive covenants, noncompetition and nonsolicitation agreements, trade secret protection, confidentiality, unfair competition, employment and severance agreements, and employee dishonesty claims;
- Trade secret misappropriation, unfair competition, unfair business practices, unjust enrichment and confidential information claims;
- Employer negligence and negligent supervision claims;
- Consumer fraud claims;
- Construction and fidelity and surety litigation;
- Banking and financial services litigation, banking disputes including mortgage foreclosures and confession of judgment;
- Election law litigation;
- Trusts and estates litigation, including breach of fiduciary duty claims;
- Professional malpractice, including claims against nonmedical professionals such as actuaries, accountants and lawyers;
- Business debt collection;
- Appellate litigation before state and federal appellate tribunals;
- Government disputes with federal, state and local officials and agencies.
- Pennsylvania, 1999
- New Jersey, 2000
- U.S. District Court Eastern District of Pennsylvania
- U.S. District Court District of New Jersey
- U.S. District Court District of Colorado
- U.S. District Court Southern District of New York
- U.S. Court of Appeals 3rd Circuit