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Philadelphia Office
1835 Market Street - Suite 1400
Philadelphia
PA 19103
215.569.2096 phone215.568.6603 faxgphelan@klehr.com
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A. Grant Phelan

Partner | Litigation

Biography

A. Grant Phelan has broad experience in both federal and state courts at the trial and appellate levels and has also represented clients in Alternative Dispute Resolution forums. Mr. Phelan tries cases in the Eastern District of Pennsylvania and for the United States Court of Appeals, Third Circuit, including the Virgin Islands.

His practice involves litigating a full range of commercial matters including contract cases, shareholder and partnership disputes, real estate disputes, securities fraud, government investigations, intellectual property, trade secrets, restrictive covenants, insurance coverage, business fraud and employment disputes. In connection with his representation of executives in employment matters, Mr. Phelan has negotiated multiple employment agreements. He routinely travels across the U.S. to represent clients on these complex cases.

Clients praise Grant for his steady and insightful counsel as he provides calm, insightful guidance to achieve the best outcomes on crucial matters. His approach is to help direct his clients to make clear decisions based on facts, with the goal of keeping them out of a courtroom trial.

Recently, Grant obtained an injunction barring deceptive advertising practices of a business competitor on behalf of a financial institution with $33 billion in assets. Following discovery, Mr. Phelan secured a seven-figure settlement. He also successfully settled claims days before trial in a securities lending dispute between two broker-dealers in which client recovered $23 million and other payments representing ninety-eight percent of actual damages.

In an insurance dispute, he successfully intervened, briefed, and argued insurance coverage issues on behalf of the committee of unsecured creditors for a medical facility, resulting in summary judgment and a determination of coverage in excess of $4 million.

Grant has authored numerous articles and has frequently been asked to lecture on a wide variety of topics. He is sought out for his expertise to speak on emerging situational topics such as building catastrophes, fires, FBI and SEC cases and other rapid response events that need to be dealt with succinctly and professionally in real time. He has also spoken on continuing legal education, trial procedures and ethical issues related to litigation.

Grant is an active community member and volunteers regularly. He was Chairman of the Board of Directors for Art-Reach, an organization that creates, advocates for, and expands accessible opportunities in the arts for physically and mentally impaired individuals in Greater Philadelphia. He also serves on the board for U.S. Soccer Foundation’s Soccer For Success in Chester, Pennsylvania. The organization offers a free, youth after-school program that utilizes soccer as a catalyst to promote nutrition education, mentorship, physical activity, and family engagement within educationally and/or economically distressed communities.

Grant has been recognized by Leadership Philadelphia as a 101 Top Connector, was a two term President for Philadelphia’s William and Mary Alumni Association and was nominated to the MS Leadership Class for the National Multiple Sclerosis Society’s, Delaware Valley Chapter.

Credentials

Education

Widener University School of Law, J.D., cum laude (1992)

College of William and Mary, B.B.A. (1989)


Admissions

Pennsylvania

United States Court of Appeals, Third Circuit


Boards/Memberships

Chair of the Board of Directors,  Art-Reach

Member,  Phi Kappa Phi

President,  College of William and Mary Alumni Association, Philadelphia Chapter

Member,  2011 MS Leadership Class, National Multiple Sclerosis Society

Member,  Philadelphia's 101 Top Connectors, Leadership Philadelphia

Publications

Publications

  • Author, "Effective Trial Presentation"
  • Author, "Application of Spoliation Doctrine in Manufacturing Defect Cases"
  • Author, "Pennsylvania Premises Liability Update"
  • Author, "A Summary of Pennsylvania Law"
  • Author, "Pennsylvania Insurance Coverage"

His more recent representations include:

Business Disputes

  • Obtained an injunction barring deceptive advertising practices of a business competitor on behalf of a financial institution with $33 billion in assets. Following discovery, Mr. Phelan secured a seven figure settlement;
  • Obtained a mandatory injunction on behalf of a nationally-known academic institution for the payment of monies against its content distributor. In the matter, the content distributor had upstreamed all of its assets to a parent corporation. Following the bankruptcies of both the content distributor and its parent corporation, the academic institution recovered over ninety-three percent of actual damages;
  • Successfully defended and settled claims against a technology company in the provision and exercise of stock options;
  • Successfully settled claims of defamation, tortious interference with business relations, commercial disparagement, and civil conspiracy following a five day trial in federal court;
  • Successfully secured the dismissal of a product manufacturer during the pleading phase of civil litigation alleging strict liability from defective design, defective manufacture, and failure to warn;
  • Served as co-lead counsel in the successful prosecution and trial of a civil action alleging trademark infringement, theft of trade secrets, and violations of restrictive covenants;
  • Successfully settled claims days before trial in a securities lending dispute between two broker-dealers in which client recovered $23 million and other payments representing ninety-eight percent of actual damages;
  • Successfully defended the director of compliance of a regional broker-dealer in a failure to supervise investigation brought by the United States Securities and Exchange Commission;
  • Represented a national manufacturer in an investigation of sales practices brought by a State Commission of Investigation;
  • Represented a nationally known broker-dealer in a series of lawsuits against multiple other broker-dealers following the largest collapse of a SIPC- insured institution; and
  • Successfully represented a regional day-care provider in various disputes with municipal and state regulators.

Insurance Coverage Disputes

  • Successfully intervened, briefed, and argued insurance coverage issues on behalf of the committee of unsecured creditors for a medical facility resulting in summary judgment and a determination of coverage in excess of $4 million;
  • Secured insurance coverage under D&O and E&O policies for a property developer and property management firm for claims associated with the development of a condominium project;
  • Secured insurance coverage for a national manufacturing firm for certain asbestos claims; and
  • Secured insurance coverage for a property developer for damages associated with water infiltration in a real estate rehabilitation project.

Employment Disputes

  • Successfully barred the dissemination and use of confidential and proprietary information through a temporary restraining order and preliminary injunction;
  • Successfully defeated a request for preliminary injunction seeking relief for alleged violations of the Americans with Disabilities Act and the Rehabilitation Act;
  • Negotiated a severance agreement on behalf of an executive of a national computer consulting firm;
  • Successfully asserted a constitutional challenge to a criminal indictment emanating from Pennsylvania's Wage Payment and Collection Law resulting in dismissal of all charges; and
  • Negotiated employment agreements for multiple managing directors and directors in the securities industry.

Real Estate Disputes

  • Obtained a defense verdict before a private arbitration panel in a construction dispute on behalf of a regional contractor;
  • Following a day-long hearing, defeated a request for preliminary injunction where tenant was seeking to enforce certain exclusive rights contained in a lease agreement;
  • Secured a nonsuit following five days of trial where a real estate firm was seeking a finders fee in connection the development and construction of a $17 million regional distribution center;
  • Successfully recovered from a tenant twenty years of unpaid OPEX charges on behalf of landlord;
  • Secured a favorable fair market valuation of commercial rent in a baseball- style arbitration against a nationally known retailer on behalf of landlord;
  • Secured summary judgment on behalf of landlord in a dispute over the exercise of certain options to extend a ground lease; and
  • Represents a national REIT in all aspects of disputes with tenants

Community Service

Mr. Phelan has served as Chair of the Board of Directors of Art-Reach, a Delaware Valley non-profit cultural service organization that enhances the quality of life for people with physical, psychological, economic or social challenges since 2005.

He also served two consecutive terms as the President of the College of William and Mary Alumni Association's Philadelphia Chapter.  More recently, Mr. Phelan was nominated to the 2011 MS Leadership Class of the National Multiple Sclerosis Society's Delaware Valley Chapter and was named one of Philadelphia's 101 Top Connectors by Leadership Philadelphia.