Mr. Kipnes has handled a broad array of complex litigation matters in federal and state courts and in arbitration proceedings, including cases involving antitrust, RICO, contract disputes, corporate governance, construction, and insurance coverage for many years. He has served as the firm's general counsel and is currently chair of the Litigation Department.
- Represented the defendants in Aliano v. AmeriGas Partners, L.P. et al. Plaintiff filed a class action complaint based on defendants providing computer-generated credit card receipts that showed the cards’ expiration dates in violation of the Fair and Accurate Transactions Act (“FACTA”). After plaintiff filed an amended complaint, defendants moved for judgment on the pleadings, which the Court granted.
- Represented the defendant in Bloodworth v. TBF Financial, Inc., a class action complaint asserting that defendant’s efforts to collect credit card debt did not comply with the requirements of the Fair Debt Collection Practices Act. We filed a motion to dismiss. Before the motion was decided, the parties attended a scheduled mediation at which the case settled for a nominal amount.
- Defense of a major national bank in consumer class actions asserting RICO violations and seeking in excess of $150 million in damages. (E.D. Pa.)
- Representations involving close corporations and partnership disputes, focusing on breach of fiduciary duty and valuations. (various)
- Defense of a governmental entity in a breach of contract claim brought by a national information technology contractor seeking in excess of $20 million in damages. (Pa. Board of Claims)
- Defense of a national retailer in a consumer class action asserting violations of FCRA. (N.D. Ill.)
- Representations arising out of insurance insolvencies including defending claims by the Reliance Insurance Liquidator against a third-party administrator affiliate of a major property and casualty insurer. (S.D.N.Y.)
- Representation of Chapter 11 trustee in connection with competing plans of reorganization of a national health care company, focusing on the reasonable settlement value of a proposed RICO action against the debtor’s lenders and the valuation of the debtor. (D. Del.)
- Defense of a national entertainment conglomerate in suit brought by a concert promoter under sections 1 and 2 of the Sherman Antitrust Act in the Eastern District of Pennsylvania. (E.D. Pa.)
- Defense of a quasi-governmental entity in a claim for specific performance of an option agreement for the sale of real estate. (Phila. Court of Common Pleas)
- Defense of a major telecommunications company in a state law antitrust and breach of contract suit seeking in excess of $100 million in damages. (Phila. Court of Common Pleas)
- Defense of a bank holding company in a securities class action alleging that officers and directors overstated earnings in its public documents. (D.N.J.)
- Representation of utility contractors in several lawsuits against public owners, including trials in the Southern District of Florida, the Eastern District of Pennsylvania, the Pennsylvania Board of Claims and before arbitration panels.
- Defense of a government securities dealer in a $70 million claim brought by a municipality alleging improper trading. (N.D. Cal.)
- Defense of a government securities dealer in numerous cases in the Central District of California and the District of Colorado arising out of a $90 million fraud perpetuated by an investment advisor.
- Defense of a major petroleum company in a multi-plaintiff lawsuit following an explosion allegedly caused by the improper installation of an underground gasoline storage tank. (Delaware County Court of Common Pleas)
- Defense of the constructor and operator of a power plant in a lawsuit arising out of an explosion that caused two deaths and millions of dollars in property damage. (Lancaster County Court of Common Pleas)
- Representation of a national REIT in litigation arising out of the sale of its portfolio of commercial office buildings in the Philadelphia area. (E.D. Pa.)
- Representation of the Pennsylvania Insurance Commissioner as liquidator of the Pennsylvania Life Insurance Company. (Pa. Commonwealth Court)
ATTORNEY SPEAKING ENGAGEMENTS
University of Pennsylvania Law School, J.D., cum laude, 1974
University of Pennsylvania, B.A., 1970
Honorable J. Sydney Hoffman, Pennsylvania Superior Court
- Rated AV® Preeminent™ by Martindale-Hubbell®
- Named as a "Pennsylvania Super Lawyer" for business litigation