James H. Steigerwald represents clients nationally in complex commercial litigation. He has served as lead counsel and tried cases before the federal and state courts of several jurisdictions obtaining multimillion-dollar verdicts as well as defense verdicts. Mr. Steigerwald has significant experience with distribution and franchise litigation, commercial real estate disputes, antitrust law, defamation, commercial fraud and the Racketeer Influenced and Corrupt Organizations Act (RICO).

Mr. Steigerwald regularly represents both corporations and shareholders in disputes related to the ownership and management of businesses. He recently obtained a $5 million verdict against the management of a closely-held corporation for breach of fiduciary duty and violation of a non-competition agreement. He also recently obtained summary judgment, which was affirmed on appeal, on behalf of a publicly traded corporation defending against a $15 million claim based on a warrant to purchase stock. Mr. Steigerwald also leads internal investigations for publicly held corporations and small privately owned businesses.

Mr. Steigerwald has extensive experience with franchise and distribution law issues. He regularly counsels corporations about pricing, distribution strategies, non-competition agreements, and contract issues. He has secured verdicts for several franchisees challenging distribution strategies that violated their franchise agreements. He has also litigated high profile matters, including several class actions, related to violations of Section 1 of the Sherman Act, the federal RICO Act, and the Fair Labor Standards Act.

Mr. Steigerwald represents both plaintiffs and defendants in injunction matters related to the enforcement of non-competition provisions and other restrictive covenants, as well as claims involving defamation, unfair competition, misappropriation of trade secrets and the violation of intellectual property rights. Mr. Steigerwald has also litigated numerous cases involving important Constitutional issues related to, among other things, freedom of expression, due process rights, and the Takings Clause.

Mr. Steigerwald is admitted to practice in Pennsylvania and New Jersey. He is active in the community and regularly handles pro bono matters. He has appeared before the criminal, civil, and family courts of Philadelphia as well as school boards and several local agencies on behalf of abused and neglected children. Mr. Steigerwald is a 1998 graduate of Cornell Law School, where he served as the managing editor of the Cornell Journal of Law and Public Policy and was awarded the International Academy of Trial Lawyers Award for Trial Advocacy. Mr. Steigerwald also graduated with honors from Harvard College.

Representative Matters

Served as lead trial counsel representing shareholder of closely held corporation against former officer, director, and minority shareholder of the corporation. Obtained damages award of $4.99 million based on findings of breach of fiduciary duty and breach of shareholders' agreement.
Represented venture capital firm as co-lead trial counsel in connection with license dispute for biotechnology. The jury awarded our client damages and attorney's fees of approximately $3.5 million.
Represented public company against plaintiffs alleging breach of a warrant to purchase stock valued at many millions of dollars. Obtained summary judgment in client's favor, which was affirmed on appeal.
Represented franchisees in several trials involving claims for breach of the implied covenant of good faith and fair dealing. Obtained jury verdicts in favor of plaintiff franchisees.
Represented manufacturer in contract dispute regarding dealer termination claims. Obtained a defense verdict at trial which was affirmed on appeal.
Lead defense counsel in class action involving allegations that defendants violated RICO and the Fair Labor Standards Act.
Lead counsel for automobile dealership and its owners against national manufacturer in case alleging, among other things, fraud, and violations of the state and federal RICO statutes as well as the New Jersey Franchise Practices Act.
Obtained jury verdict in favor of defendant hospital in antitrust action brought by surgeon against group of hospitals.
Represent distributors against leading manufacturer of heavy duty trucks involving claims of price discrimination, direct sales by manufacturer, and price-fixing.
Served as lead counsel for national publisher against allegations that it violated non-compete agreements and tortiously interfered with various economic interests. Successfully defended against injunction proceeding.
Represented national office supply company in several matters successfully enforcing non-competition agreements.
Represented several defendants in commercial dispute related to the rights of certain software. Summary judgment was entered in favor of individual defendant and remaining defendants settled on favorable terms.

Professional Activities

American Bar Association
- Antitrust Law Section
-- Business Torts and Unfair Competition Committee
- Forum on Franchising
Philadelphia Bar Association
- Business Litigation Committee

Admissions

Pennsylvania
New Jersey
United States District Court for the District of New Jersey
United States District Court for the Eastern District of Pennsylvania
United States Court of Appeals for the Third Circuit
Supreme Court of Pennsylvania
Supreme Court of New Jersey

Education

Cornell Law School, J.D., cum laude, 1998
Harvard College, A.B., cum laude, 1993

Experience

Duane Morris LLP
- Partner, 2007-present
- Associate, 1998-2006

Selected Publications

Co-Author, "Recent Developments in Tortious Interference Law," American Bar Association Antitrust Law Section's Annual Meeting, Toronto, Ontario, Canada, August 4, 1998
Co-Author, Scientific Evidence Review, "Expert Evidence in the Third Circuit," American Bar Association, 2003

Selected Speaking Engagements

Panelist, "Responding to an Antitrust Complaint: Developing Rule 12 Issues and Strategic Considerations," American Bar Association, Section of Litigation, Spring 2006.