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Philadelphia Office
1835 Market Street - Suite 1400
Philadelphia
PA 19103
215.569.3024 phone215.568.6603 faxjrand@klehr.com

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Jordan M. Rand

Partner | Litigation

Biography

Jordan depends on his advocacy, efficiency and practicality to solve problems. A trusted advisor when litigation is neither pending nor imminent, Jordan prides himself on doing his best work when things look most bleak. He’s litigated a wide variety of commercial cases, including trying bench and jury trials to verdicts. Jordan focuses on real estate, insurance, shareholder disputes and transportation/administrative law matters.

Jordan’s real estate practice has included the representation of the largest commercial property owners in the world, real estate investment trusts, developers, contractors, suppliers and buyers and sellers of real estate in Philadelphia. He’s familiar with the mechanics of real property transactions and benefits greatly from that experience in the courtroom. Jordan litigates commercial transactions gone awry, construction disputes, land use matters, zoning appeals, lease disputes and a multitude of other matters where real property lies at the heart of the case.

In his insurance practice, Jordan litigates coverage disputes and counsels policyholders when buying coverage and during the claims process. He’s litigated multi-million dollar coverage cases in federal court and up to the Pennsylvania Supreme Court, but he takes the most pride in convincing carriers to reverse coverage positions pre-suit. While Jordan has experience across lines, he has taken a particular interest in cyberinsurance, where he has become a thought leader, frequent lecturer and hosts the oldest and longest-standing blog devoted exclusively to cyberinsurance coverage law. In 2018, Jordan earned a Certification from Harvard University's Office of the Vice Provost for Advances in Learning in Cybersecurity: Managing Risk in the Information Act. You can view his cyberinsurance blog at www.databreachninja.com.

When shareholders, partners or members of privately held companies no longer see eye to eye, Jordan is an aggressive litigator who nevertheless understands that the best results in these cases are often not obtained in courtrooms. He counsels individuals and companies on their rights under applicable agreements and statutes, and he litigates dissolution actions, derivative matters, breaches of fiduciary duties and books and records demands. Jordan regularly appears in the Philadelphia Court of Common Pleas Commerce Program, where he has successfully dissolved private companies, steered the liquidation of real estate and other assets and worked closely with receivers on operational and wind-down matters.

One of the few lawyers in Philadelphia with deep experience with the regulatory and litigation issues impacting taxicab, limousine and dispatch companies, Jordan has represented clients before Pennsylvania Public Utility Commission, the Philadelphia Parking Authority and in State and Federal Court. He was at the center of novel Network Transportation Company issues in the City, has worked amicably to resolve problems with regulatory authorities against whom he has also vigorously litigated and has handled regulatory applications, complaints, protests and appeals. Jordan has used this experience to represent clients in various aspects of administrative law, including issues related to telecommunications companies, business permits and medical marijuana licensure.

A lawsuit is not always the right strategy, and Jordan is not always the right lawyer. Whether clients need to draw on the Firm’s deep pool of talented lawyers to employ sophisticated transactional or tax strategies, is looking for a subject matter expert to help with operational issues or needs a referral to an attorney who is the right fit, Jordan’s primary and only goal is to put his clients in the best position possible to succeed.

Credentials

Education

Rutgers Camden School of Law, J.D., Highest Honors (2008)

Pace University, M.A., Honors (2005)

Emory University, B.S., Highest Honors (2003)


Admissions

Pennsylvania

New Jersey

Publications

Speeches and Publications

“The Cyber Insurance Battle Begins,” Matthew Fleischer-Black, CyberInsecurity News, March 2019 (quoted)

"The Cause of Action for Breach of Data: The Problem with Relying on Courts When Managing the Risks of Cloud Services," Michael A. Stoolman, 70 Rutgers U.L.Rev. 717 (Rutgers Law Review, Spring 2018 (cited)

Continuing Legal Education  "The Emerging Landscape of Cyberliability and Cyberinsurance," Philadelphia, Pennsylvania , November 14, 2017

Amerihealth Caritas  "Your Data or Your Wallet: The Ransomware Threat," Philadelphia, Pennsylvania , October 27, 2017

“Content Analysis of Cyber Insurance Policies,” Sasha Romanosky et al.,RAND Corp. Working Paper, September 2017 (cited)

Quoted in "Merck Hack Part of Massive Global Attack," Chris Mondics, Philadelphia Inquirer, June 27, 2017

Author, "What Pension Fund Trustees Need to Know About Cyberinsurance," Georgia Association of Public Pension Trustees Third Quarter Newsletter, 2017

Author, "Targeting Law Firms: Cyber Criminals Want What You've Got," The Philadelphia Lawyer, Winter 2017

Pennsylvania Association of Public Employee and Pension Systems Spring Forum,  "Cybersecurity: Keeping Your Information Safe," Harrisburg, Pennsylvania, May 24, 2017

Safe America Regional Meeting  "Cyberinsurance Primer," Philadelphia, Pennsylvania, May 3, 2017

Evolving Fiduciary Obligations of Institutional Investors Annual Conference,  "Tailoring Cyberinsurance for Public Pension Funds," Tempe, Arizona, February 21, 2017

Drexel Law,  "It Wasn't Me: The Interplay Between Cyberinsurance and Cybercrime," Philadelphia, Pennsylvania, February 16, 2017 and June 13, 2016

Co-Author, "What Pension Fund Fiduciaries Need to Know About Cyberinsurance," Kessler Topaz Meltzer & Check Fall Bulletin, Fall 2016

Quoted in "How Your Law Firm Can Avoid Cyber Crime: Train Your Employees," Chris Mondics, Philadelphia Inquirer, July 1, 2016

Large Public Agency,  "Cyberinsurance Primer," New Jersey, June 12, 2016

"Cyber 2.0: What We've Learned So Far and What We Haven't," Denver, Colorado, February 17, 2016,  University Risk Management and Insurance Association Western Regional Conference

Continuing Legal Education,  "Cyberinsurance Coverage's Emerging Landscape," Philadelphia, Pennsylvania, December 9, 2015

Continuing Legal Education,  "Cyberinsurance Coverage 101," Philadelphia, Pennsylvania, October 28, 2015

Representative Matters:

Real Estate

  • Won defense trial verdict for publically traded commercial real estate company in construction dispute concerning the replacement of a shopping mall roof
  • Obtained a temporary restraining order in the United States District Court for the District of New Jersey enjoining the Army Corps of Engineers from awarding $60 million contract where authorities violated Margate City’s Due Process rights by failing to follow Eminent Domain procedures with respect to municipally-owned beaches
  • Obtained a second temporary restraining order in the Superior Court of Atlantic County requiring Army Corps of Engineers to temporarily cease dune-building project when precisely the flooding predicted in prior litigation came to fruition in the summer of 2017
  • Defeated petition for injunction in Philadelphia Orphans Court filed by property owners attempting to block the Philadelphia Housing Authority from continuing the $30 million construction of 55 affordable rental homes in Germantown
  • Won AAA arbitration for glass supplier against general contractor for breach of AIA contract
  • Frequently appears before Philadelphia Court of Common Pleas following matters on appeal from the Zoning Board of Adjustment.
  • Insurance
  • Awarded summary judgment for policyholder invalidating provision of workers’ compensation policy permitting insurer to retroactively calculate premiums based on carrier’s classification of workers as employees verses independent contractors
  • Obtained Pennsylvania Supreme Court affirmance of trial verdict in favor of insurance carrier, setting Pennsylvania precedent on the notice-prejudice rule with respect to claims-made policies in a multi-million dollar coverage dispute
  • Obtained reversal of coverage denial following construction accident involving assigned subcontracts
  • Negotiated cyber insurance coverage policy revisions for companies with gross annual revenues ranging from $500,000 to $500 million.


Shareholder Disputes

  • Dissolved privately owned company in the Philadelphia Court of Common Pleas Commerce Program following over two years of contentious litigation arising from an intractable dispute among ownership
  • Orchestrated the forced buyout of two general partners from family real estate partnership involving property in Old City Philadelphia
  • Staved off foreclosure and defeated preliminary objections in parallel, affirmative litigation involving breach of fiduciary duty claim asserted by Pennsylvania LLC managing member against non-managing member on grounds that the non-managing member had total control over company by virtue of secret acquisition of all corporate debt and the filing of a foreclosure action with respect to all corporate real property
  •  Made and responded to Books and Records Demands, on behalf of shareholders/members and companies.


Transportation/Administrative Law

  • Litigated constitutionality of Philadelphia Parking Authority taxicab and limousine regulations, reaching successful settlement prior to commencement of discovery
  • Successfully protested innumerable taxicab and limousine applications for new service, thereby preserving clients’ service territory
  • Successfully defended clients’ rights before the Pennsylvania Public Utility Commission and Philadelphia Parking Authority.