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.
Business Courts, Review of Developments in Business and Corporate Litigation, (ABA Business and Corporate Litigation Committee) (10 years as editor, 16 years as co-author)
Business Courts in the United States: 20 Years of Innovation, The Improvement of the Administration of Justice (American Bar Association, 2016) (co-author)
Innovations in Resolving Complex Business Disputes: A Process and Forum Overview, and some Thoughts on Qualities Important in any Venue, Innovations in Resolving Complex Business Disputes, Spring Meeting of ABA Section of Business Law (Los Angeles, April 12, 2014)
Advice of Counsel Discovery in Bad Faith Cases, Discovery in Bad Faith Claims – Strategies, Common Disputes, and Emerging Issues (Pennsylvania Bar Institute December 5, 2012)
Value Every Person in Your Office, Rantings of a Partner… and Pushback from the Associate (ABA 2011)
New Jersey Non-Competes, Trade Secrets and Agreements Not to Compete (Defense Research Institute, 2012 and 2008 Editions)
Trade Secrets and Agreements Not to Compete, Chapter on New Jersey Non-Compete Agreements in national compendium published by the Defense Research Institute, 2008 and 2012
Commerce Court ADR Procedure Suited to Business Court, The Legal Intelligencer, February 7, 2006
Decisions in the Commerce Case Management Program, Handling Business Litigation in the Philadelphia Commerce Case Management Program, Pennsylvania Bar Institute, 2006
When Lawyers Switch Firms During Litigation: Can an Ethical Wall Prevent Firm Disqualification?, Young Lawyers Guide to Defense Practice (Defense Research Institute, 2015 and 2006 Editions)
Ethical Issues for Lawyers Engaged by Insurance Carriers to Represent those Carriers’ Insureds, National Business Institute, September 2005
Commerce Case Management Program Decisions: Restrictive Covenants and Non-Compete Agreements, Handling Business Litigation in the Philadelphia Commerce Case Management Program, Pennsylvania Bar Institute, 2007
The Role of Breaches of Fiduciary Duty in RICO Claims Based on Wire and Mail Fraud, Business Torts Journal, American Bar Association, Fall 2003
Use of Fraud Claims in Contract Settings Marginalized by State and Federal Courts, Civil Litigation Update, Pennsylvania Bar Association, Spring 2003
Is There a Good Faith Claim for the RICO Enterprise Plaintiff?, 27 Delaware Journal of Corporate Law 519 , 2002
Having More Judicial Opinions Can Improve Practice, The Legal Intelligencer, January 22, 2002
A Matter of Privileges: In-House Attorney-Client and Work Product Claims Face Challenges, Corporate Counsel, A Supplement to The Legal Intelligencer and Pennsylvania Law Weekly, November 2001
Evaluating Gut Instincts Wisely, The Legal Intelligencer, February 8, 2001
Good Lawyering is Not a Magic Trick, The Legal Intelligencer, November 5, 1999
To Thine Own Self — and Your Clients — Be True, The Pennsylvania Lawyer Magazine, May/June1999
The 21st Century Interrogatory, Pretrial Practice and Discovery Committee Newsletter, American Bar Association, Summer 1999
What Lawyers can Learn from Aesop’s Fables, The Legal Intelligencer, March 29, 1999
Communication Between Lawyers and Judges: Building Bridges to Strengthen the Process, The Legal Intelligencer, October 21, 1998
What Shall We Do With a Disingenuous Lawyer?, The Legal Intelligencer, August 5, 1998
What it Means to the Profession When Attorneys Call Each Other Disingenuous, The Legal Intelligencer, May 27, 1998
Third Circuit Sends Message to Stop Securities Law Claims Under Pennsylvania Consumer Protection Law, The Pennsylvania Law Weekly, May 4, 1998
Lawyers: Make Your Client Your Litigation Partner, The Legal Intelligencer, December 10, 1997
Predispute Arbitration Agreements Between Brokers and Investors: The Extension of Wilko to Section 10(b) Claims, 46 Maryland Law Review 339 (1987), Cited and quoted in a United State Supreme Court Opinion
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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