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Frank R. Emmerich Jr.

Partner

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T: 215.864.8086

F: 215.864.9346

Frank Emmerich has significant experience in representing large companies, entrepreneurial businesses, and individual clients in complex cases involving emergency matters, unfair trade practices, intellectual property issues, and catastrophic losses. 

Frank Emmerich has significant experience in representing large companies, entrepreneurial businesses, and individual clients in complex cases involving emergency matters, unfair trade practices, intellectual property issues, and catastrophic losses. 

Frank is the Chair of the Emergency Injunctive Relief practice group, called the "Rapid Response Team."   Trusting Frank's ability to quickly craft a strategic plan to protect their business interests, clients seek out Frank to guide them through a variety of injunction proceedings including trade secrets, restrictive covenants, business torts, Constitutional challenges, and public bidding issues.  From moments like a call on a Saturday morning about rogue former employees using confidential information secreted away to the enactment of a public ordinance which would prohibit a client's multi-million dollar business model, Frank is sought for his strategic thinking as to how to stop the harm, get the information secured, and achieve a damage award to make the client whole. In these urgent moments of need, clients have confidence that Frank will protect their interests.  Frank is praised for his grit in passionately pursuing his clients' best interests. 

Frank has served as lead counsel in a variety of cases in both federal and state court.  His work on intellectual property issues has lead Frank to representing a Fortune Magazine Top 50 entertainer, a nationally recognized sculptor, a prominent architect, a seven time Inc. 500/5000 award winner, and father and son vineyard.  Frank represents clients on Constitutional issues, including helping a nonprofit enjoin damaging conduct by a former employer by getting a special injunction and trying the case to a permanent injunction in five days, securing the exact relief requested by the client. Frank also represents clients in complex commercial cases, assisting clients in the termination of business relationships and other business torts. Frank helps clients by defending catastrophic loss claims, including property and personal injuries.  

His sincerity in helping his clients and personal interest in the success of his clients has led to Frank being considered the outside, inside counsel for many of his entrepreneurial clients. Clients have commented, “Frank balances attention to detail with an understanding of a cost-effective approach. He provides thorough but balanced representation.”  Another client has said, “Frank is a real professional. I’m glad he’s our attorney in Philadelphia. I put him on a pedestal, right at the top of 40 law firms I deal with.”

Frank enjoys the variety of his practice and having the opportunity with each new engagement to work in a new industry.  This diversity in matters has lead Frank to counsel a client concerning his appearance on David Letterman, to working with green technology in a consortium with a state university, to extracting a public utility client from a class action based on a negative newspaper story, to forensically recreating months of text messages to prove the theft of trade secrets.

Frank started at the firm after his federal court clerkship.  He became a shareholder in 2004, and is now a member of the Executive Leadership Team of the firm.

Frank is proud about his involvement away from the Firm.  He serves on Cabrini College's Board of Trustees where he is vice chairperson of the board. He and his wife are also involved in their church.  

representative matters

  • Successfully represented client in injunction matters including the defense of a musician in $33 million copyright/Lanham Act claim, a small business owner in $3 million trademark case, a start-up vineyard in a trademark issue, and a nationally-recognized sculptor where Frank successfully petitioned for award of attorney’s fees.

  • Enjoined former employees who took confidential information from their employer for the purpose of establishing a competing business. Succeeded in getting the preliminary injunction despite the defendants’ claim that the eight electronic devices used to perpetrate the transfer of information were all lost or destroyed before a forensic examination could be conducted. In arguing that the destruction of electronic information was intentional, this client was awarded over $30,000 for a spoliation sanction and had defendants' conduct certified by the federal magistrate judge for a contempt proceeding for violations of the preliminary injunction order.

  • Defeated a preliminary injunction motion seeking to enjoin a global financial advisory firm from hiring two employees.

  • In proceedings lasting less than five days and working on behalf of a nonprofit, obtained a temporary restraining order prohibiting a former employee from interfering with the client's business, obtained further temporary restrictions the next day, and, three days later, obtained the permanent injunction providing even greater restrictions.
  • Enforced on an emergency basis, a corporation's rights in its intellectual property and trade secrets related to the development of green technology.

  • Obtained a temporary restraining order for violations of the First Amendment on behalf of a publisher for a municipal ordinance restraining distribution of hand delivered literature. The ordinance was ultimately repealed.

  • Defended a national public utility company in class action for alleged $100 million property loss from industrial fire. Frank achieved dismissal of his client from the case through summary judgment.

  • Obtained a dismissal during an injunction proceeding of an employee accused of theft of trade secrets.

  • Argued a successful directed verdict motion in favor of an executive accused of violating the Computer Fraud and Abuse Act.

  • After a week long jury trial, won a defense verdict for an executive accused of stealing trade secrets.
  • Halted through emergency proceedings, the construction of a $33M hotel by enforcing the copyrights of a nationally known hotel architect.

  • Represented various entities including businesses involved in the health industry on restrictive covenants.

  • Obtained a nonsuit for industry-leading chemical company in defense of tortious interference with contract claims.

  • After a court allowed the presentation of a forensic computer expert to the jury, succeeded in subsequently having that expert’s testimony stricken after cross examining the expert on his opinions.

  • Represented international gas distributor in $16 million breach of warranty action.

  • Represented industrial equipment manufacturer achieving a nonsuit after a one-week trial involving numerous experts.

  • Represented control system manufacturer in a trash-to-steam plant explosion case.

  • Represents clients in a wide range of litigation involving technology, medical devices, and pharmaceutical products.

  • Represents companies and individuals in business tort disputes including representing a water purification company, an insurance program manager, an engineering company, and an art dealer.

  • Represents financial institutions in contractual disputes and statutory claims.


publications

"Engineering the Litigation Process," Engineering Times (March 2004).

Employee Terminated/Cause of Action Dismissed: The ADA Provides No Haven For Employees Hypersusceptible to Genetic Illness, 4 Journal Individual Employment Rts. 185 (1995-1996).

The Supreme Court Strengthens the Discretionary Powers of the District Courts in Admitting Expert Scientific Testimony: Daubert v. Merrell Dow Pharmaceuticals, Inc., 3 Widener J. Pub. L. 1051 (1994).