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RCCB Litigation Year in Review 2022
RCCB Litigation Year in Review 2022
RCCB Litigation Year in Review 2022
Barry L. Matthew
Cohen Faranda-Diedrich
bcohen@rccblaw.com mfd@rccblaw.com
484.362.2628 267.546.0275
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GROWTH
RCCB has accomplished much in its decade of existence, growing from eight original attorneys to more than 60 today. In
fact, our litigation acumen has been a driving force behind the firm’s rapid growth and success. With a partnership hailing
from Big Law and senior in-house roles, we are agile and offer clients sophisticated, commercially-minded advice and
advocacy on par with national firms and other Big Law practices.
RESULTS
When the result matters and directly impacts the client’s bottom line or the future of their company, our team delivers
on-point, sophisticated, productive, and effectual dispute resolution practices. We are problem solvers who are skilled
in the art of diplomacy and swift resolution, as well as in traditional litigation, trial, appellate advocacy, and arbitration
and mediation. Our team is involved in complex claims and class action defense in both state and federal court, at the
appellate level, as well as before state and federal administrative agencies.
Representative Cases
RCCB Cools Temperatures and Obtains Early Resolution for Three
Investment Vehicles in Acrimonious Separation
Matthew Faranda-Diedrich, Julie M. Latsko
RCCB represented the managers of were represented by an AmLaw 100 same time, develop and press claims
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three related investment vehicles in firm. After initially being served with exposing the other side to significant
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matters involving the unwinding of a draft complaint by the departing risk. The combined strategy ultimately
those entities and the acrimonious partners, RCCB was able to deftly led to an early resolution on terms very
separation from former business cool temperatures to permit for pre- favorable to our client.
partners. The former business partners complaint mediation while, at the
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In 2019, Twosons Corporation defendants Twosons’ principals, small fraction of the demand amount. On
(“Twosons”) was sued by the Litigation Fabrice Harari and Raphael Harari. In addition to the foregoing lawsuit, cl
Trustee appointed under the confirmed RCCB moved to dismiss the amended we also represented Twosons in br
plan of reorganization of debtor, Black complaint on behalf of Twosons and connection with the insolvency an
Elk Energy Offshore Operations, LLC, the Hararis. Among other things, we proceedings of Platinum Partners Value so
(the “Black Elk Lawsuit”). This lawsuit, alleged that the Trustee’s fraudulent Arbitrage Fund L.P and its affiliates Sa
filed in the Southern District of Texas transfer claims against the Hararis (collectively, “Platinum”) pending in the in
Bankruptcy Court, sought damages are time barred under the applicable Cayman Islands and the District Court pa
of nearly $100 million arising from statute of limitations. A hearing was held for the Southern District of New York bu
alleged fraudulent transfers and certain in February 2021 and an evidentiary (the “Platinum Lawsuit”). The Platinum
common law claims. Twosons moved hearing was held in June 2021 on the lawsuit sought damages arising from
to dismiss the complaint in 2019, and Trustee’s contention that the statute the same events as the Black Elk
the Bankruptcy Court partially granted of limitations was equitably tolled. In lawsuit. RCCB settled the Platinum
our motion with leave to amend. In
October 2019, the Trustee amended
July 2022, we successfully negotiated
a settlement of the Black Elk Lawsuit
Lawsuit with Twosons making no
payment to the Joint Liquidators.
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the complaint and added as additional under which our clients paid only a C
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RCCB Represents Individuals in NJ E-ZPass Lawsuit sp
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Matthew Faranda-Diedrich, Joshua Upin sp
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RCCB represents individuals suing individual motorists traveling toll roads are currently scheduled for further
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the New Jersey Turnpike Authority violates applicable law, is excessive, argument before the appellate court su
related to the imposition of a $50 and should be returned to motorists. inQMarch
uote Here.................................................
of 2023. Long v. New Jersey co
fine that we contend is illegal and As pled, the matter involves well over Tpk. Auth., 2019 WL 1093325 (N.J.
excessive. This novel matter, filed 5,000,000 motorists, each of whom Super. Ct. App. Div. March 8, 2019).
against a governmental authority were charged the excessive fine.
on the grounds that collection of a Our team developed the theory of
so-called “administrative fee” from both liability and damages, and we
BARRY COHEN, TITLE
On behalf of a multi-state high end business. However, more than two Barry Cohen has been
purveyor of seafood, RCCB brought years after entering into a Master appointed Vice Chair of the
claims for breach of contract, and Services Agreement and paying over Trademark Litigation Committee
breach of the covenant for good faith $700,000.00, the software completely of the Intellectual Property Law
e and fair dealing against a leading and utterly failed. The company then Section of the American Bar
software implementation provider. engaged RCCB’s commercial litigation Association (ABA-IPL) for the
e The client hired the provider to team to bring a demand for arbitration
upcoming 2022-2023 bar year.
install an ERP software for its fast- against the provider, which resulted
paced national seafood distribution in a successful settlement.
RCCB acts as primary outside counsel at a private school in Maryland. The and RCCB is leading that effort on
for ESF, Inc., a leading provider of plaintiff attempted to circumvent the behalf of ESF. In addition, the same
sports and specialty summer camps underlying allegation of a breach of plaintiff brought a breach of contract
throughout the East Coast. ESF contract by seeking to attach certain dispute against ESF in the District of
specialty sports camps are associated physical property via a lien under state Columbia Superior Court. ESF had that
with the Philadelphia Phillies, 76ers statute. RCCB was successful in getting matter removed to DC Federal Court
and the Brooklyn Nets. ESF was the matter dismissed at the initial stage. and has since filed another Motion to
sued in state court in Maryland by a Plaintiff has since appealed the matter Dismiss, which was recently granted by
contractor related to its summer camp to Maryland’s Court of Special Appeals, the Federal Judge.
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RCCB represented a mobile device thousands of school children that were among other causes of action, and RC
seller who purchased thousands of relying on the hotspots for their remote RCCB was able to secure a million lar
hotspots from a reseller for use by education, the mobile devices were dollar plus judgment against several of in
schoolchildren during the outbreak not delivered. The client filed suit in the the key defendants.. an
of the Coronavirus pandemic. Eastern District of Pennsylvania alleging fro
Unfortunately for RCCB’s client and the claims of breach of contract and fraud, in
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RCCB is handling all enforcement space which help companies build distributor of imprintable sportswear,
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and trademark prosecution matters their brands. Started as a haberdashery distributing SKUs across more than 40 in
for the union of 10 companies in the in 1919, the company evolved from retail brands.
promotional products and solutions making hats and gloves into a leading Ke
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THE BEST LAWYERS IN AMERICA ® ac
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Barry L. Cohen, Marc E. Hirschfield, Joshua Upin, Nancy Rubner Frandsen, and Marc Ra
Cytryn were identified by their peers for inclusion in the 2022 edition of The Best Lawyers in
America®. Barry Cohen marks his second year being recognized, Marc Hirschfield returns to
the list for the fifth consecutive year. Joshua Upin marks his first year being recognized, Nancy
Rubner Frandsen has been recognized consecutively for ten years, and Marc Cytryn returns
to the list for a second year. Best Lawyers employs a peer review process that has been used
consistently for more than thirty years.
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RCCB represented one of the nation’s
largest property restoration companies
in defense of a breach of contract
valuable personal belongings, RCCB
secured summary judgment for its
client, and after 4 years of litigation the
“RCCB and its clients’ success
in 2022 is due in large part to
staying focused on what is
and negligence action that stems case concluded without RCCB’s client
most important for our clients
from a flooded personal residence having to pay the Plaintiff any sum
in Philadelphia’s upscale “Main Line.” of money.
(which is generally a swift and
Faced with a multi-million dollar least painful resolution) and not
demand relating to alleged damaged getting distracted by the noise
priceless art work and other highly created by the opposing side.”
Sean S. Litz, Partner
RCCB was retained to represent Organizations Act (“RICO”), 18 U.S.C. § 1512 (witness tampering), and 18
four related companies to secure §§ 1961-1968. The alleged predicate U.S.C. § 1513 (retaliation). The case
recoupment of monies lost as a result acts involve violations of 18 U.S.C. commenced against thirty defendants.
of a widespread criminal conspiracy § 201 (bribery), 18 U.S.C. §§ 891-94 Plaintiffs have resolved claims
that included a pattern of racketeering (extortionate credit transactions), against many defendants, and trial
activity across state lines involving 18 U.S.C. § 1341 (mail fraud), 18 is scheduled soon for January 2023
numerous predicate acts under the U.S.C. § 1343 (wire fraud), 18 U.S.C. against the remaining two defendants.
Racketeer Influenced and Corrupt
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RCCB represented a national Development (“HUD”). The Engagement nursing home HVAC system and
government financing consulting Agreement was intended to obtain upgraded electronic health record
firm who had been retained by a a mortgage insured by HUD for system. RCCB discovered financial
state governmental agency to secure the renovation and expansion of an irregularities and ultimately negotiated
financing for a mortgage loan in the oncology center, the purchase of a refinance and resolution to the
estimated amount of $12.5 million, a future growth site, purchase of a satisfaction of the client and the
which would be insured by the pediatric building, and the associated state agency.
Department of Housing and Urban costs of the operations related to a
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Kevin F. Berry
RCCB was retained by the Plaintiff and serve as first chair trial counsel. taking a fresh view of assessing the
after a matter had been in litigation for The dispute involved two parcels of legal issues in the case, RCCB secured
nine years (where the client had been real estate and several million dollars in a trial date, and on the eve of trial the N
represented by an AmLaw 100 firm) misappropriated funds. After perusing matter resolved with the client receiving By A
in order to both bring the case to trial tens of thousands of documents, and consideration in excess of $8 million.
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RCCB is handling all enforcement industry. In 1979, the founder began Pennsylvania. Today, the company
and trademark prosecution matters baking oversized chocolate chip bakes for restaurants and cafes in over
for a leading innovator in the dessert cookies in a 2-bay garage in Reading, 60 countries, on every continent.
Honors
More than half (61%) of the RCCB litigation team was recognized for excellence in 2022 by prestigious publishers of legal rankings
such as Chambers USA, Best Lawyers, The Legal 500, Super Lawyers, and World Trademark Review, among others, in specialties
such as commercial litigation, intellectual property litigation, business litigation, bankruptcy litigation, employment litigation, real
estate litigation, trademark and copyright law, and family law.
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Thought Leadership L
From Our Litigation Team f
The RCCB Litigation Group authored to better protect yourself if (or when) Randi L. Rubin was a panelist at the N
the 2021 Litigation Year in Review, something goes wrong. Having a better MBA Family Law Section’s Toby L. T
which summarized our most noteworthy understanding of how litigation works Dickman Seminar in November 2022,
cases. in a business dispute/break-up, will entitled, “Two’s Company, Three’s a Pa
enhance your ability to proactively add Crowd – Third Parties in Family Law ne
Sonia S. Shariff authored Your Brand key terms that are advantageous to you. fo
Matters”. This program provided best
on Social Media, which discusses cu
important branding questions business Marc Skapof and Marc E. Hirschfield practices for case preparation and
owners should consider before produced 2 webinars for RCCB clients presentation. Se
embarking on social media campaigns. in 2022 including “Protecting Your Fr
Donna A. Tobin and Julie M. Latsko
Business in an Economic Downturn” law
Donna A. Tobin authored Trademarks participated in a webinar, “Tangled in
and “The Cares Act Raises the Debt gr
Throughout the World published by the Weed(s) – Ethical Considerations
Limit for Small Businesses.”
Thompson Reuters. This publication for IP Attorneys Representing Se
provides practical summaries of the Marc E. Hirschfield participated in a Cannabis Industry Clients.” Donna an
trademark laws and regulations of more bankruptcy ethics panel discussion at and Julie focused on ethical issues ha
than 200 countries and jurisdictions the American Bankruptcy Institute NYC associated with counseling cannabis to
worldwide. Bankruptcy Conference. industry clients in connection with IP Li
matters. They discussed the tension
Marc Skapof and Marc E. Hirschfield Marc Skapof and Marc E. Hirschfield between state and federal cannabis As
authored The (Failed) Failing Business presented “Bankruptcy Ethics and the laws impacting both medicinal and ou
Exception: Stockholders’ Right to High Cost of Noncompliance: Avoiding recreational use, then delved into m
Vote on Asset Transfers that covers Discipline, Disgorgement, Sanctions, ethical and strategic considerations em
the Delaware Supreme Court’s or Prison” as a CLE program for the for obtaining IP protection for cannabis-
decision in Stream T.V. Networks, Inc. v. American Bankruptcy Institute. related goods and services. As
SeeCubic, Inc. that ushers in a new era am
for stockholders’ rights when insolvent Marc Skapof moderated a Turnaround Donna A. Tobin participated in In
corporations restructure outside of Management Association webinar two nationally syndicated podcast
conventional bankruptcy proceedings. titled “A Judicial Perspective on interviews. The topics covered were:
Effective Advocacy” in which Marc when to register a trademark, what are
Barry L. Cohen, Matthew Faranda- led a panel discussion on practice tips the benefits and what to register; and
Diedrich & Kira N. Lum presented “The and best practices along with three NY the changing landscape of trademark
Glass Is Half Full… Until It Isn’t,” at the Bankruptcy Judges. registration for cannabis products.
ACC Business Institute. This webinar
explored common and often used (or Alexander J. Nassar led anti-
misused) parts of deals and agreements harassment training for several clients.
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Litigation Happenings
for 2022
NEW LITIGATION his practice on complex commercial Nancy Rubner Frandsen will serve
litigation matters and a broad array of as Co-Chair of Pennsylvania Bar
TEAM MEMBERS
intellectual property related services. Institute’s Intellectual Property
Partner Randi L. Rubin, leader of the Law Institute.
Associate Hope Steidle Kildea, a
newly launched Family Law practice,
commercial litigator, focuses her Marc Skapof, Past President of
focuses her practice on complex
practice on a broad range of business the Turnaround Management
custody, divorce, and support matters.
disputes and risk avoidance. Association-NYC, will serve on
Senior Counsel Nancy Rubner the Chapter’s Academic Relations
Associate Kira N. Lum, a commercial Committee for 2023. Marc will also
Frandsen, a trademark and copyright
litigator, represents entrepreneurs, serve on the Turnaround Management
lawyer, joins the Intellectual Property
enterprises, and governmental entities Association’s Global Chapter
group with over 35 years of experience.
s in a wide range of commercial disputes. Resource & Response Committee.
Senior Counsel Kevin F. Berry,
an experienced trial lawyer who Marc E. Hirschfield was named to the
has brought over 200 civil jury trials Turnaround Management Association
LEADERSHIP INVOLVEMENT
to verdict, joined our Commercial -NYC Chapter’s Board of Directors
IN KEY PROFESSIONAL for 2023.
Litigation team.
ORGANIZATIONS
Associate Marc B. Cytryn joined Randi L. Rubin was appointed to the
our Litigation group. He represents Barry L. Cohen will serve as Chair of Montgomery County Bar Association
management in a broad range of the Trademark Legislation Committee (MBA) Bench Bar Executive
employment litigation matters. of the ABA-IPL for 2022-2023. Barry
Committee in 2022 and the MBA
s- will also co-chair the Pennsylvania
Board of Directors for 2023.
Associate David S. Hollander, Bar Institute’s Intellectual Property
a member of the Litigation and Law Institute this year. Barry is also
Intellectual Property groups, focuses Chair of INTA’s Law Firm Management
Subcommittee.
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Our Team
W W W. RCC B L AW.CO M
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