Lee Applebaum

Representative Matters

  • Represented a condominium board before the Supreme Court of Pennsylvania, successfully arguing that the board’s decision should be governed by the Business Judgment Rule, reversing the Superior Court.
  • Successfully represented a quasi-government entity in the US Court of Appeals for the Third Circuit where the Court affirmed a judgment in the client’s favor based upon res judicata and collateral estoppel.
  • Successfully argued before the Superior Court of Pennsylvania that there was no coverage under an insurance policy based upon the total pollution exclusion.
  • Successfully argued before the Superior Court of Pennsylvania that the trial court erred in sending the case to arbitration.
  • Represented numerous clients since 2006 in zoning appeals to the Commonwealth Court, including reversals of adverse lower court and Zoning Board decisions.
  • As a mediator, Lee has successfully mediated matters to resolution involving real estate disputes, sales of businesses, internal business disputes, breach of contract claims, accounting malpractice, insurance coverage, and tortious inference claims.

Education

  • J.D., University of Maryland School of Law
    With Honors
  • Good Shephard Mediation Program, Mediation Training
  • NASD, Arbitrator Training
  • B.A. Religious Studies, University of Pennsylvania

Bar and Court Admissions

  • Pennsylvania
  • New Jersey
  • United States District Courts for the Eastern and Western Districts of Pennsylvania and New Jersey
  • United States Court of Appeals for the Third Circuit

Memberships

  • American College of Business Court Judges
  • Judge Pro Tempore, Commerce Case Management Program
  • American Bar Association, Judges Initiative Committee, Co-Chair (2014-2016)
  • University of Maryland School of Law’s Journal of Business and Technology Law, advisor
  • American Bar Association
    • Subcommittee on Business Courts, co-chair  (2007-2010)
    • Subcommittee on Business Courts, vice-chair (2004-2007)
  • Philadelphia Bar Association
    • Commerce Case Management Program Opinion Project, coordinator
    • Board of Governors, member (2010)
    • Business Law Section, chair (2010)
    • Business Law Section, treasurer (2008)
    • Business Litigation Committee of Business Law Section, chair (2005 and 2006)

Honors/Awards

  • Recipient of the Albert S. Dandridge, III Diversity Award, Philadelphia Bar Association
  • Recognized By Business Law Section of Philadelphia Bar Association, January 27, 2011
  • American College of Business Court Judges, Honorary Charter Member
  • Given an “AV” rating by Martindale Hubbell, the highest rating provided by the national legal directory.
  • Selected for inclusion on the 2006-2007, 2009-2017 Pennsylvania Super Lawyers® lists
  • Selected as a Judge for the Justice Ruth Bader Ginsburg “Pursuit of Justice” Legal Writing Competition, Philadelphia Bar Association, 2010
  • Invitee to Business Bar Leaders Conference of ABA Committee on State and Local Bar Relations, 2009, 2010
  • Philadelphia Bar Association’s Business Law Section’s Committee of the Year Award, 2005 and 2006
  • Cunningham Award for Service and Achievement, University of Maryland School of Law, 1987

Selected Publications

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Selected Presentations/Seminars

  • “Advice of Counsel Discovery in Bad Faith Cases, written materials for the seminar Discovery in Bad Faith Claims – Strategies, Common Disputes, and Emerging Issues”
    December 1, 2012
  • “Business Courts: What Works Best and Why?,” Business Bar Leaders Conference, American Bar Association Committee on State and Local Bar Relations, Chicago, Illinois, May 13, 2009 and May 12, 2010
  • “Business Courts Around the World,” Spring Meeting of the American Bar Association Section of Business Law, co-chair, Vancouver, April 17, 2009
  • American College of Business Court Judges, Brookings Institute 2005-2007, Searle Center, Northwestern University, 2008
  • “ADR in Business Courts – What Works Best?,” Conference of Chief Justices Mid-Atlantic Regional Conference, University of Delaware, October 2008
  • “Annual Developments in Business and Corporate Litigation,” sponsored by the Committee on Business and Corporate Litigation, Spring Meeting of the ABA Section of Business Law Dallas, Texas, April 10, 2008
  • Addressed a Nevada Legislative Committee studying business courts, March 2008
  • “Insurance Coverage Litigation,” National Business Institute, February 2008
  • “Handling Business Litigation in the Philadelphia Commerce Case Management Program,” Pennsylvania Bar Institute and Philadelphia Bar Association, December 2007
  • “Business and Corporate Litigation Committee Forum: An Introduction to Business Courts and Complex Litigation Courts – What Works Best and Why,” program co-chair, Annual Meeting of American Bar Association’s Section of Business Law, San Francisco, California, August 13, 2007
  • “An Introduction to Business Courts,” Institute for the Young Business Lawyer, Spring Meeting of American Bar Association’s Section of Business Law, Washington, D.C., March 2007
  • Addressed South Carolina Supreme Court Task Force on creating a business court in South Carolina, 2007
  • “Specialized and Improved ADR Procedures in the Commerce Program,” Philadelphia Bar Association’s Bench-Bar Conference, September 30, 2006
  • “Jerry Maguire (Show Me the Money) – Considerations in Drafting and Enforcing Employee Non-Compete Agreements: Perspectives from the Bench and Bar,” co-course planner, Philadelphia Bar Association’s Bench-Bar Conference, Pennsylvania Bar Institute and Philadelphia Bar Association, September 30, 2006
  • “Handling Business Litigation in the Philadelphia Commerce Case Management Program,” Pennsylvania Bar Institute, June 2006
  • “Practical Views on Litigation and Trial Practice from the Judges’ Perspective,” moderator, Philadelphia Bar Association, March 2006
  • “Practical Views on Experts from the Judges’ Perspective,” course planner, Philadelphia Bar Association, November 2005
  • “Practical Views on Experts from the Judges’ Perspective,” course planner, Philadelphia Bar Association, November 2005
  • “Current Issues Impacting Insurance Defense Practice,” speaking on (1) Insurance Bad Faith and (2) Ethical Issues for Defense Counsel under Amended Rules of Professional Conduct, National Business Institute, September 2005
  • “Practice in the Commerce Case Management Program from the Judges’ Perspective,” moderator, Philadelphia Bar Association, May 2005
  • “RICO Basics: Views from the Bench and the Bar,” Philadelphia Bar Association, March 2004
  • “Taking Care of Business: Business and Technology Courts in the 21st Century,” University of Maryland School of Law and the American Bar Association’s Business and Corporate Litigation Committee, Baltimore, Maryland, November 2003
  • Addressed Oklahoma Legislative Committee and Bar Association on creating business court, 2003
  • “RICO Made Easy,” Philadelphia Bar Association, September 2000
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