J. Scott Kramer

Representative Matters

Intellectual Property/Commercial Litigation

• Represented Inspired Entertainment, Inc. (NASDAQ: INSE), a gaming technology company, in a matter of first impression before the Pennsylvania Gaming Control Board in securing a licensing waiver for a significant private equity fund shareholder.

• Represented the Las Vegas Sands Corp., the eminent developer and operator of world-class Integrated Resorts, in the $1.3 billion sale of its Sands Bethlehem Casino Resort to the PCI Gaming Authority d/b/a Wind Creek Hospitality, providing gaming regulatory and real estate guidance in the transaction.

• Obtained on behalf of Sands Pennsylvania, Inc., a subsidiary of the Las Vegas Sands Corporation, a successful defense of a "baseball-style," AAA arbitration brought by the minority partners of the Sands Casino in Bethlehem, concerning the appropriate formula for calculating distributions under an operating agreement. The arbitrator's award preserved the Sands' methodology for calculating distributions, which permitted an additional $42 million in deductions over the 30-year useful life of the casino resort than figures proposed by the claimants.

• Obtained a decision from the Pennsylvania Superior Court affirming a summary judgment decision involving the defense of alleged controlling shareholder liability and breach of fiduciary duty claims arising from an insider "down round" financing of a high-tech startup, a microelectromechanical systems (MEMS) acoustic chip manufacturer in Pittsburgh.

• Tiffany (NJ) Inc. and Tiffany & Company v. Katz Imports Inc., Civil Action No. 02-8450 (E.D. Pa.). Represented Tiffany & Company in an action for trademark infringement and counterfeiting brought against a Philadelphia jewelry retailer that was selling counterfeit Tiffany jewelry on Ebay. Obtained a seizure order from the U.S. District Court for the Eastern District of Pennsylvania pursuant to which the U.S. Marshals seized the counterfeit goods from the defendant’s premises as well as sales receipts showing numerous sales of counterfeit Tiffany jewelry. Reached court-approved settlement under which defendant was permanently enjoined from selling counterfeit Tiffany merchandise and was required to pay Tiffany $600,000 in damages.

• Obtained an order dismissing for lack of personal jurisdiction a suit brought against a Taiwanese leather belt manufacturer by a former sales representative who asserted that the manufacturer failed to pay commission on certain sales. The elimination of several of plaintiff's claims on partial summary judgment resulted in his inability to demonstrate that the amount in controversy was sufficient to support federal diversity jurisdiction.

• Morelli v. Tiffany & Co., 200 F. Supp.2d 482 (EDPA). Obtained jury verdict in defense of a $45 million dollar copyright infringement challenge to Tiffany & Co.'s Etoile collection.
• T.A. Title v. Thomas Havey LLP. Professional liability defense of national accounting firm's work for a national title insurance company.
• Keystone v. American Mining Insurance Co., 179 F.Supp2d 432 (M.D. Pa. 2002). Major decision for the insurance industry on construction of CGL policies before the 3rd Circuit.
• Hutchinson, et al. v. Medical Inter-Insurance Exchange of New Jersey, Superior Court of New Jersey Atlantic County Docket No. ATL-L-003250-93. Seven figure recovery in bad faith action prosecuted on behalf of assignor physicians subjected to excess judgment in medical malpractice action.
• Manufacturers' Services Athlone Ltd. v. Merit Industries, in the United States District Court for the Eastern District of Pennsylvania, NO: 00-CV-1661 - represented an Irish computer company in commercial dispute arising from transaction for a customized motherboard.

Securities Litigation

• In Re: PathoGenesis Corp. - LA - 1862 (2001). Represented clients through SEC investigation of alleged insider trading.

• NASD Examination No. E91990772, Philadelphia Office, 2002. Regulatory investigation of New England Securities Brokers regarding variable life insurance -- products and practices.

• Bork v. Dean Witter Reynolds, 1991 U.S.Dist. LEXIS 11907 (E.D.Pa. 1991) District Court affirmed largest punitive damage award in history of Philadelphia Stock Exchange arbitration on churning and suitability claim.
• Grabner, et al. v. Rose Securities, et al., NASD No. 95-00846. Obtained large arbitration award for defrauded investors and pierced corporate veil to obtain collectable recovery against principals of defunct brokerage firm.
• Summit Bank v. BHC Securities, Inc. and FISERV Investor Services, Inc. - Civil Action No. 00-cv-246 (E.D. Pa.). Successfully settled contract dispute concerning clearing operations for bank-owned broker dealer.

Class Actions/Mass Tort Litigation

• Tobacco Litigation - Commonwealth of Pennsylvania, et al. v. Phillip Morris, et al., CCP, Philadelphia County. Served as a member of the Duane Morris trial team that worked at the direction of Attorney General Mike Fisher in obtaining the historic settlement with the Tobacco Industry. Pennsylvania will recover over $11 billion over the 25-year course of settlement payouts, in addition to the marketing and other health-related concessions by the Industry as part of the settlement package.

• L-Tryptophan Litigation - member of Duane Morris Regional Counsel team that defended Japanese Manufacturer, Showa Denko.

• Maertin, et al. v. Armstrong World Industries, Inc. v. Monsanto. Defense of class action, toxic tort claim.
• In re: GEMS Landfill - Superior Court of New Jersey, Camden County Docket No. L-068199-85. Defense of multi-defendant environmental class action regarding NJ SuperFund site.

Catastrophic Personal Injury Litigation

• Bieber v. Eastern Industries, Inc. - (M.D. Pa. 2012). Multimillion-dollar verdict for injured motorcyclist traveling through construction work zone.
• Hutchinson v. Dearden, et al. - 314 N.J. Super. 468. Multimillion-dollar plaintiff's judgment in obstetrical malpractice claim; the appellate decision affirming the judgment established a landmark rule of evidence for professional liability actions in NJ.
• McCall v. D'Amico, M.D., et al. - in the Circuit Court of Maryland for Baltimore City, Case No.: 97160001/CC3052. Settlement of cervical cancer medical malpractice claim against national pap smear laboratory.
• Kubiak et a. v. Krane, M.D., et al. - Superior Court of New Jersey, Gloucester County - Law Division, Docket No. L-562-96. Substantial settlement following one week trial of medical malpractice claim alleging failed mammography reading led to breast cancer patient's demise.
• Raynor, et al. v. Raynor - Represented Estates in double fatality, "roll-over" motor vehicle accident involving Ford Explorer and Firestone tires. (2001)

Admissions

• Pennsylvania
• New Jersey
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the Middle District of Pennsylvania
• U.S. District Court for the Western District of Pennsylvania
• U.S. District Court for the District of New Jersey
• Supreme Court of Pennsylvania

Education

• Temple University School of Law, J.D., cum laude
• College of William & Mary, B.S., Psychology

Experience

• Duane Morris LLP
  - Partner, 1988-present
  - Associate, 1980-1987

Professional Activities

• American Bar Association
• Pennsylvania Bar Association
  - Gaming Law Committee
  -- Chair, 2012-2014
  - Corporation, Banking and Business Law Section
  - Civil Litigation Section
  - Securities Law Section
• Philadelphia Bar Association
  - Medico-Legal Committee
  -- Co-chair, 2003
  -- Former Chairman
• Philadelphia Association of Defense Counsel
  - Executive Committee Member, 1995-1997
• Defense Research Institute
• Philadelphia Court of Common Pleas
  - Medical Malpractice Task Force
  - Board of Editors, Products Liability Law and Strategy

Honors and Awards

• Listed in Chambers USA: America's Leading Business Lawyers, 2005-2009 editions
• Listed in Pennsylvania Super Lawyers, 2010
• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Board Memberships

• Board Member, BARC Developmental Services

Selected Publications

• Interviewed, "Q&A: Lawyer Discusses Complicated Sands Bethlehem Deals — from Getting City Approval in Face of Public Opposition, to Sale to Wind Creek," The Morning Call, June 5, 2019

• Mentioned in "Device Maker Gains Defense Verdict in Hip Implant Case," National Law Journal, November 8, 2016
• Quoted, "Gambling on a Loophole," The Daily, May 13, 2012
• Author, "Pennsylvania High Court Strikes Ban on Gaming Licensees' Political Contributions," Duane Morris Alert, May 6, 2009
• Co-Author, "Trends; Emerging Judicial Concern Over Multiple Punitive Damage Awards in Asbestos Litigation," Product Liability Law & Strategy, January 2003
• Co-Author, "Tiffany & Company Prevails in $45m Infringement Suit". Copyright World, June/July 2002, Issue 121.
• Co-Author, "Apologies from Competitors: Injunction Requires Rivals to Undo Harm," Product Liability Law & Strategy Newsletter, January 2002
• Co-Author, "The Use of Animal Studies as Causation Evidence in Failure-to-Warn Cases," Leader Publications Product Liability Law & Strategy, December 2000
• Co-Author, "Product Manufacturers Fight Advertising Puffery in the Courts," Leader Publications Product Liability Law & Strategy, May 2000
• Co-Author, "No Duty to Nonpatient Family Members of Therapist's Treatment of Patient," Medical Malpractice Law & Strategy, March 1999
• Co-Author, "3d Cir. Permits Claim to Hurdle Preemption, Causation Obstacles," Leader's Product Liability Law & Strategy, February 1999
• Co-Author, "MD Charged With Fraud For Failing to Disclose Drug Use Before Operating," Medical Malpractice Law & Strategy, December 1998
• Co-Author, "Failure to Advise Parent He Carries Sickle Cell Gene Is Cause for Action," Medical Malpractice Law & Strategy, April 1998.
• Co-Author, "Failure to Warn: A Changing Duty to Sophisticated Users," Leader's Product Liability Law & Strategy, October 1997
• Co-Author, "Controlling Person Liability," Securities Arbitration 1997--Arbitration Comes of Age Course Handbook, July 16, 1997
• Co-Author, "Verdicts and Settlements," monthly column in Medical Malpractice Law & Strategy
• Member of the Editorial Board and Contributor to Products Liability Law & Strategy
• Co-Author, "Aggressive Lawyering: Arguing Social Policy Bolsters Defense Case," Medical Malpractice "Law and Strategy," Volume VII, Number 5, March 1990.

Selected Speaking Engagements

• Co-speaker, Healthcare Financial Management Association, Philadelphia chapter conference, Philadelphia, Pennsylvania, December 12, 2006
• Speaker, "Pennsylvania Tort Reform and Economic Damages Proofs At Trial," Annual Pennsylvania Trial Lawyers Association Conference, July 2004
• Co-presenter, "Protecting Jewelry Designs Through Copyrights, Trade Dress and Design Patents," Great Minds of Jewelry Education seminar, New York City, March 2004
• Presenter, "Fundamental of Healthcare," Pennsylvania Bar Institute program, Philadelphia, Pennsylvania, August 20, 2003
• Presenter, "Pennsylvania Tort Reform - Act 13," audio educational program sponsored by The Hospital and Healthsystem Association of Pennsylvania, Philadelphia, Pennsylvania, May 16, 2002
• Speaker, "Legal Exposure for the Concrete Producer," the Annual Mid-Atlantic Forum, Atlantic City, New Jersey, February 20, 2001
• Speaker, "Independent Contractor Liability, Indemnity Agreements and Handling Arbitration Proceedings," the Annual Forum of the New Jersey Concrete and Aggregate Producers Association, Atlantic City, New Jersey, February 29, 2000
• Presenter, "Handling Claims and Litigation on Experimental Treatments," telephone seminar, HMO Alliance, Philadelphia, Pennsylvania, October 3, 1997
• "Practicing Law Institute Conference," "Securities Arbitration 1997-Arbitration Comes of Age," New York, New York, July 16, 1997
• Speaker, "Securities Arbitration 1997--Arbitration Comes of Age," Practicing Law Institute Conference, New York, New York, July 16, 1997
• Instructor, "Ethical Issues of Ex Parte Communications," Philadelphia Bar Education Foundation, April 1993
• Speaker, "Advanced Issues in Medical Malpractice," Pennsylvania Bar Institute, Pittsburgh and Philadelphia, Pennsylvania, May 1990
• Speaker, "The So-What Defense," Defense Research Institute, Ritz-Carlton, Atlanta, GA, March 1989
• Speaker, "Corporate Liability," Lehigh Valley Association of Risk Managers, Lehigh Valley Medical Center, October 1988