Spector Gadon Rosen Vinci P.C. Shareholder and Director George M. Vinci, Jr. has been selected by the Philadelphia Business Journal as 2019 Best of the Bar: Philadelphia’s Top Lawyers.  The award honors the Philadelphia region’s top attorneys who have distinguished themselves in their specialties including significant and recent victories.  Hundreds of nominations were received and evaluated by the Philadelphia Business Journal Editorial Board and three independent judges.

In December 2018, Vinci secured a $100 million ($100,000,000) award against international accounting firm Grant Thornton LLP for its marketing of an abusive tax shelter.  He successfully argued the case, which had 40 witnesses and more than 600 exhibits, from the trial court level to the Kentucky Supreme Court.  As one of the highest verdicts ever obtained in that state, the precedent-setting ruling, which included an $80,000,000 punitive award, sent an important message.

The Business Journal will honor the Best of the Bar winners on Thursday, Oct. 29, from 6 to 9 p.m. at the Crystal Tea Room in Philadelphia.

0

George M. Vinci, Jr., Shareholder and Director of Spector Gadon Rosen Vinci P.C., will speak on “Premature and Unripe, or an Opportunity to Eliminate Potential Damages? Creating a Defense Strategy When the Legal Malpractice Claim is Still Developing” at the American Bar Association’s Fall 2019 National Legal Malpractice Conference in San Diego, Calif. on Sept. 12.

Vinci and his fellow panel members will discuss strategic issues involved when a legal malpractice claim is asserted at a time when it’s uncertain what will happen with the “case” inside the legal malpractice case, including how to decide whether to join the former client in defending the suit or instead to punt the legal malpractice case as premature.

The panel will also address the pros and cons of the lawyer attempting to reduce or forestall damages by providing curative, continuing representation to the client even after the malpractice claim is threatened or asserted, including the effects on the lawyer’s ongoing duty of loyalty to the client and the assertion of the attorney-client privilege for the lawyer’s own defense.

Vinci will be joined on the panel by Rinat Klier Erlich, Partner at Manning & Kass, Ellrod, Ramirez, Trester LLP in Los Angeles, Calif.; and Mark Scruggs, Senior Claims Counsel at Lawyers Mutual Liability Insurance Company of North Carolina in Durham, N.C.

Spector Gadon Rosen Vinci P.C. has represented clients nationally and internationally for 45 years and provides counsel and expertise across the entire spectrum of legal practice, from complex litigation to sophisticated transactional and corporate matters.  The firm has offices in Philadelphia, New Jersey, Florida, New York and Atlanta.

The firm represents businesses, corporate boards, and highly placed individuals.  Its clients are engaged in a variety of industries including finance and banking, manufacturing, hospitality, gaming and entertainment, real estate and commercial development, insurance and venture capital, energy, financial services, health care, security and telecommunications.

The firm’s practice areas include high stakes litigation, business disputes, commercial litigation, professional liability, products liability, securities, trust and estates, fiduciary litigation, bankruptcy and creditors rights, civil RICO, trade secrets, trademark and restrictive covenants, intellectual property, antitrust, white-collar criminal defense, banking and financial services, corporate formation and governance, cyber risk and security, employment, entertainment and amusements, environment and energy, wealth management, healthcare, hospitality, insurance coverage and insured casualty litigation, mergers, acquisitions and divestitures, real estate, sports and tax law.

0

Joseph J. Devine, a Member of Spector Gadon Rosen Vinci P.C. and Chair of its Corporate Law Group, was a panelist for the BioStrategy Partners, Inc. (BioSP) seminar, “Company Formation: Avoiding Mistakes, Reducing Costs and Structuring for Growth” at University Place Associates in Philadelphia on June 21, 2019.  Devine led the three-member panel discussion, speaking on topics such as selecting the appropriate type of legal entity early in the company’s development, complying with securities and employment laws, and instituting a policy for social media, data collection and other online and mobile activities.

BioSP is a nonprofit consortium of academic medical centers and research institutes committed to the development and transfer of academic research into the marketplace.  The seminar was held as part of the consortium’s Practical Knowledge Series.

Devine devotes much of his practice to representing entrepreneurs and growth businesses in a variety of industries.  In his 30 years of practice, he has represented public and privately held companies, as well as investors, in a wide range of corporate and business transactional matters, including mergers and acquisitions, equity and debt offerings, securities law compliance, credit facilities, private equity and venture capital, and governance.

Spector Gadon Rosen Vinci P.C. represents business and commercial law clients nationally and internationally, serving entities, corporate boards and highly placed individuals engaged in multifaceted industries (including finance and banking, manufacturing, hospitality, gaming and entertainment, real estate and commercial development, insurance and venture capital) through a cadre of dedicated and highly skilled lawyers with a reputation for using unique strategies, and a proven success record with tough cases.  The firm’s practice groups include banking and financial services, bankruptcy and creditor rights, commercial litigation, corporate formation and governance, cyber risk and security, employment, entertainment and amusements, environment and energy, estates, trust and wealth management, healthcare, hospitality, insurance coverage and insured casualty litigation, mergers, acquisitions and divestitures, professional liability, real estate, securities and sports, and tax law.

0

Spector Gadon Rosen Vinci LLP (SGRV) has announced that effective July 1, 2019, Cory Chandler, Amy L. Christiansen and Karen E. McManus Rich are now Members of the firm.  All have been with SGRV for many years of dedicated service, previously serving as Associates in the firm.

Chandler focuses his practice on civil litigation and federal criminal defense.  He represents nursing homes and healthcare providers in complex abuse allegations, represents insurance companies and businesses in labor and employment issues and defends individuals against allegations of white collar crime.  His recent accomplishments include obtaining acquittals of a client on a federal indictment.  Chandler has extensive trial experience having served as lead attorney in more than 60 civil and criminal jury trials.  In addition, he serves as general counsel to the Florida Seaports Counsel, Inc., providing advice on legal matters relating to the success and development of Florida seaports.  He has represented some of the nation’s largest insurance companies in automobile, products liability and premises liability cases.

Christiansen focuses her civil litigation practice on the defense of nursing home claims, legal malpractice, employment discrimination claims and general commercial litigation.  She also has experience in products liability and toxic tort litigation. Christiansen won an appeal of a summary judgment granted in an employment discrimination case in the U.S. District Court for the Middle District of Florida.  She tried a nursing home negligence case and obtained a zero damages verdict in Lake County, Fla.  She also assisted with and successfully won jurisdictional defense of a large construction company in the U.S. Court of Appeals for the 11th Circuit, and won several appeals of motions to compel arbitration in nursing home litigation in various Florida District Courts of Appeal.

Rich has extensive trial experience as a former criminal prosecutor, enabling her to achieve successful results for her clients in her civil practice in which she has focused in the areas of health care law and employment law for approximately two decades.  She passionately defends long term care facilities and assisted living facilities in complex legal matters such as professional negligence, wrongful death and violation of resident’s rights from pre-suit through arbitration and/or jury trial, and provides legal counsel to them in regulatory compliance and licensure matters.  She defends clients with personal jurisdictional defenses to prevent them from being sued in an improper venue, and also clients seeking to discharge residents from nursing homes by presenting evidence at discharge hearings thereby mitigating litigation risks to her clients.  Additionally, she defends nurses and nursing home administrators in professional license revocation matters.  In the area of employment law, Rich routinely defends claims of discrimination, retaliation, sexual harassment and unpaid overtime charges before the Florida Department of Human Relations, EEOC, Department of Labor and in various state and federal courts.  She also represents employers in union grievances through mediation and arbitration.  Through the insurance practice, she defends claims of professional negligence, legal malpractice as well as personal injury in slip and fall and negligent security/supervision matters.

Spector Gadon Rosen Vinci LLP has represented clients nationally and internationally for 45 years and provides counsel and expertise across the entire spectrum of legal practice, from complex litigation to sophisticated transactional and corporate matters.  The firm has offices in Philadelphia, New Jersey, Florida, New York and Atlanta.

The firm represents businesses, corporate boards, and highly placed individuals.  Its clients are engaged in a variety of industries including finance and banking, manufacturing, hospitality, gaming and entertainment, real estate and commercial development, insurance and venture capital, energy, financial services, health care, security and telecommunications.

The firm’s practice areas include high stakes litigation, business disputes, commercial litigation, professional liability, products liability, securities, trust and estates, fiduciary litigation, bankruptcy and creditors rights, civil RICO, trade secrets, trademark and restrictive covenants, intellectual property, antitrust, white-collar criminal defense, banking and financial services, corporate formation and governance, cyber risk and security, employment, entertainment and amusements, environment and energy, wealth management, healthcare, hospitality, insurance coverage and insured casualty litigation, mergers, acquisitions and divestitures, real estate, sports and tax law.

0

Spector Gadon Rosen Vinci LLP (SGRV) has announced that Kristen Over has joined the firm as an Associate in the Health Care Law & Litigation, Insurance Coverage & Casualty Litigation, and Employment Law Groups.

Over focuses her practice on civil litigation and criminal defense.  She represents nursing homes, assisted living facilities and healthcare providers in complex litigation, represents insurance companies and businesses in labor and employment issues, and defends individuals against allegations of criminal law violations.

Prior to joining the firm, Over was an Assistant State Attorney in Tampa, Fla.  She prosecuted high-profile and complex criminal cases including homicide, vehicular homicide, drug trafficking, RICO, fraud, theft, robbery, burglary and firearm offenses.  In addition, she was assigned to the sex crimes unit where she handled civil Jimmy Ryce proceedings and also prosecuted cases involving child and elder abuse and neglect.

During her 15-year career as a prosecutor, Over tried more than 100 felony jury trials to verdict.  She handled many cases involving expert witnesses in the areas of forensic pathology, forensic psychology and psychiatry, drug identification, toxicology, blood stain analysis, DNA, accident and crime scene reconstruction,  firearms, computer and digital forensics, battered spouse syndrome and sexual battery examinations.

Over received a J.D. from Stetson University College of Law, cum laude; an M.B.A. from Stetson University; and a B.A. from the University of South Florida.  She is admitted to practice in Florida.

Over is a member of the Herbert G. Goldburg-Ronald K. Cacciatore Criminal Law American Inn of Court and The Florida Bar.

Spector Gadon Rosen Vinci LLP has represented clients nationally and internationally for 45 years and provides counsel and expertise across the entire spectrum of legal practice, from complex litigation to sophisticated transactional and corporate matters.  The firm has offices in Philadelphia, New Jersey, Florida, New York and Atlanta.

The firm represents businesses, corporate boards, and highly placed individuals.  Its clients are engaged in a variety of industries including finance and banking, manufacturing, hospitality, gaming and entertainment, real estate and commercial development, insurance and venture capital, energy, financial services, health care, security and telecommunications.

The firm’s practice areas include high stakes litigation, business disputes, commercial litigation, professional liability, products liability, securities, trust and estates, fiduciary litigation, bankruptcy and creditors rights, civil RICO, trade secrets, trademark and restrictive covenants, intellectual property, antitrust, white-collar criminal defense, banking and financial services, corporate formation and governance, cyber risk and security, employment, entertainment and amusements, environment and energy, wealth management, healthcare, hospitality, insurance coverage and insured casualty litigation, mergers, acquisitions and divestitures, real estate, sports and tax law.

0

The first six months of 2019 have seen the NLRB reverse its recent trend of expanding its regulation of employer conduct.  In January, the NLRB issued two decisions, the first of which narrowed the definition of “protected, concerted activity” and the second of which redefined the test for determining what individuals would be considered to be “independent contractors” who are not covered by the NLRA.  Last week the NLRB reversed its own precedent to permit employers to limit a union’s access to areas of its workplace that are open to the public.

Prior to the first January decision, the NLRB would presume that any employee complaint made in a meeting was intended to contemplate group action and was, therefore, presumed to be protected concerted activity.  The NLRB’s decision eliminated this presumption, finding that an individual’s complaint could not be assumed to be group action just because it was made in the presence of other employees.  The Board set out five factors that must be considered to determine whether or not an employee’s complaint was group action, noting that all five factors need not be present to support an inference that the employee is engaging in group action.

The second January decision overturned a 2014 NLRB decision that made it harder for employers to show that an individual was an independent contractor and not an employee covered by the NLRA.  Under the 2014 standard, the NLRB merely looked at whether or not the individual was “economically dependent” on a company, without considering other common law factors it had previously considered, and making it very unlikely that the Board would conclude that an individual was an independent contractor.  With this January decision, the Board returned to its pre-2014 standard, taking into account a variety of factors including the relationship the company and the individual think they are creating and how much control the company actually has over the individual’s work.

Last week, the NLRB overturned a rule the Board created in 1981 limiting an employer’s ability to deny access to a union into areas of its workplace that are open to the public such as cafeterias or restaurants.  In 1956, the United States Supreme Court ruled in NLRB v. Babcock & Wilcox Co. that employers could deny a union access to its property to solicit employees and distribute literature unless the union could prove that it had no other reasonable way to communicate with the employees or if the employer discriminated against the union by permitting other non-employees to solicit or distribute literature on company property.  In 1981, the Board added a rule that a union could not be denied access to any area of an employer’s property that was open to the public as long as the union was not being disruptive, even if the Babcock factors were not present.

The Board overruled this longstanding “public space” rule last week, finding that a hospital did not violate the Act when it forced two union organizers to leave its cafeteria, even though that cafeteria was open to the public.  In doing so, the Board returned to the pre-1981 standard, permitting employers to exclude a union from areas of its workplace that are open to the public unless the Babcock factors were proven.

If you have any questions or would like additional information, please contact Nancy Abrams at nabrams@sgrvlaw.com or 215-241-8894

0

In this day of rampant hacking, coordinated cyber security is an absolute must.  Recognizing the importance of an organized effort, the Democratic National Committee (DNC) unveiled an updated cyber security checklist earlier this year designed to thwart continued attempts to hack their systems during the election cycle.  Although more of a consumer-level checklist, the list is practical guidance for any company or organization looking to promote enhanced cyber security, regardless of political affiliations or inclination.

According to The Hill, concerns over cyberattacks have been a priority for political groups in recent years, particularly after the 2016 hack of the DNC that resulted in the release of sensitive emails ahead of that year’s presidential election. This new version of the checklist comes as political groups gear up for the 2020 presidential election amid concerns they could face cyberattacks from U.S. adversaries.

The DNC Device and Account Security Checklist includes the following guidance on securing your devices:

  • Keep your laptops, phones and tablets, as well as the applications on them, updated. For example, most operating system updates contain numerous security updates. Adversaries frequently take advantage of devices that have not been updated recently. Always apply your updates as soon as they come out!
  • Laptop disk encryption. Encrypting your laptop can keep your data safe even when it is lost or stolen. Disk encryption is easy to enable and does not take much time.
  • Web encryption. Some websites do not properly enable encryption for all connections. Luckily, there is something you can do to make sure your internet connections are secure.  In your web browser, you should install the HTTPS Everywhere extension.  HTTPS Everywhere is a Firefox, Chrome and Opera extension that strengthens the encryption between your device and major websites.
  • Secure your mobile phones and tablets. Some phone carriers allow you to set a login PIN.  If your carrier supports this feature, you should enable the feature because having a pin makes it harder for attackers to take over your account.  Even if they guess your name and password, they will still need to obtain the PIN to access your account.

The DNC’s checklist is exactly that: a list of steps to complete and then check off.  At Spector Gadon Rosen Vinci P.C., we provide IT and non-IT assessment and remediation through our Cyber Exposure Analysis process.  Our advanced algorithms enable us to issue a cost-effective, attorney-client privileged report in short order and enables informed cyber risk management decision-making as to whether to fix or transfer by way of insurance specific risks.  To learn more about developing a comprehensive strategy for remediation, contact Edward M. Dunham, Jr., Chair, Cyber Security Group, at (215) 241-8802, or edunham@sgrvlaw.com.

0

Spector Gadon Rosen Vinci P.C. business lawyer Stanley P. Jaskiewicz has been selected to receive the prestigious Paul Quinn Award from The Timothy School in Berwyn, Pa.

The Award, which will be presented to Jaskiewicz at the school’s 27th Annual Golf Classic at Penn Oaks Golf Club in West Chester, Pa. on Monday, June 24, honors an individual who embodies the qualities exemplified by the late Quinn, a parent and respected volunteer of the school known for his giving nature, eagerness to help others and deep sense of service.

The Timothy School is the oldest nonprofit approved private school in Pennsylvania devoted exclusively to teaching students with autism.  For more than 50 years, the school has worked to develop an understanding of autism that recognizes the strengths and uniqueness of children and the specialized methods needed to expand their educational opportunities.

Jaskiewicz, the parent of an Eagle Scout and Honors graduate of Montgomery County Community College (who also happens to have Asperger’s Syndrome), ran Horsham Challenger Little League for 12 years, for players with disabilities, for which league sponsor the Rotary Club of Horsham awarded him with its Community Service Award in 2009.  He served several years on the board of a former Timothy School affiliate, Tim Academy, which trained teachers on how to instruct persons with autism, including as its President.

Jaskiewicz has been active in local and national advocacy groups for persons with autism for many years.  He was recognized by The Legal Clinic for the Disabled, Inc. in 2007 with its White Hat Award for 15 years of participation in its annual Stroll and Roll, which he first walked several years before his son was born.  He also served on the board of Manna on Main Street for nine years, a food pantry and social service agency in Lansdale, Pa., including as an officer, and remains active as a volunteer on its Resource Development Committee.  He is regularly quoted in news publications on both legal matters, and concerns of families with children with disabilities.

Registration details for The Timothy School’s 27th Annual Golf Classic can be found at http://timothyschool.com/event/golf-classic or by contacting Gene Sirni, Development Director, at 610-725-0755, ext. 234, or gsirni@timothyschool.com.

Spector Gadon Rosen Vinci P.C. has represented clients nationally and internationally for 45 years and provides counsel and expertise across the entire spectrum of legal practice, from complex litigation to sophisticated transactional and corporate matters.

The firm represents businesses, corporate boards, and highly placed individuals. Its clients are engaged in a variety of industries including finance and banking, manufacturing, hospitality, gaming and entertainment, real estate and commercial development, insurance and venture capital, energy, financial services, health care, security and telecommunications.

The firm’s practice areas include high stakes litigation, business disputes, commercial litigation, professional liability, products liability, securities, trust and estates, fiduciary litigation, bankruptcy and creditors rights, civil RICO, trade secrets, trademark and restrictive covenants, intellectual property, antitrust, white-collar criminal defense, banking and financial services, corporate formation and governance, cyber risk and security, employment, entertainment and amusements, environment and energy, wealth management, healthcare, hospitality, insurance coverage and insured casualty litigation, mergers, acquisitions and divestitures, real estate, sports and tax law.

0