Trusts & Estates

TRUSTS AND ESTATES AND FIDUCIARY LITIGATION

AK&W offers broad legal services relating to trust and estate law, associated planning and administration and fiduciary litigation.  Mr. Allman leads the firm's practice group and has a breadth of professional and industry experience that includes serving as estate counsel for planning, administration and litigation of fiduciary issues in Orphans' Court.  The jurisdiction of the Orphans' Court in the Commonwealth of Pennsylvania extends broadly to fiduciary litigation, including trust disputes, will contests, estate litigation, minors, incapacitated persons, special needs trusts, guardianship and fee and commission disputes. 

Mr. Allman co-authored a recent article published in The Legal Intelligencer in July 2013 on developments in Pennsylvania law relating to the portability of trusts and statutory standards for replacing corporate trustees as a result of "changed circumstances."  His co-author is Dean A. Walters, J.D., CTFA, General Counsel and Director of Personal Trust for The Philadelphia Trust Company.   Their article in pdf format: 204071302 Philadelphia.pdf  If you would to review the article and find that you are unable to use the pdf link, please email a request to Lee at lallman@akwlawfirm.com.

In addition to counseling individuals and families on asset protection planning, elder law issues and trust and estates planning and administration, Lee has counseled a number of financial institutions, trustees and beneficiaries on Orphans' Court matters.  He has had substantial related experience in the financial services industry.  He earned his series 7 and 63 licenses and CERTIFIED FINANCIAL PLANNING™ designation.  More recently, Lee worked as a Director for Barclays Wealth and Investment Management (Americas) leading its development efforts for Barclays' U.S.-based start-up trust company. 

Liability & Insurance

Liability Claims and Insurance

Our attorneys have years of experience providing legal services on serious matters in all segments of liability claims and the insurance industry.  We have represented individuals and self-insured businesses, primary insurers and their insureds, reinsurers and insurance brokers in state and federal courts and a variety of arbitration venues.

 

We have litigated claims to verdict and counseled clients on complex liability claims and related insurance issues under commercial general liability, D&O, professional liability, property, auto and long-haul trucking, environmental, life, accident and health, surety and financial guaranty policies.  Our firm also offer services relating to claims of bad faith and insurance coverage disputes.

Specific liability claims experience includes: drug and food product recall and related mass torts; nursing home and elder care; premises liability claims alleging negligence, reckelessness and intentional torts; arson and fraud litigation; auto, bus and truck accidents; products liability; directors and officers liability disputes; and professional liability claims.

Employment Law

Employment Law and Executive Compensation

Employment relationships are inherently contractual, but even at will employment is governed by an evolving web of statutory and regulatory provisions and common law obligations.  Our firm can provide counsel on planning and compliance and provide experienced trial lawyers when litigation is necessary. 

Our employment law practice includes:

  • Negotiating, drafting and enforcing executive employment contracts and severance agreements

  • Litigating breach of restrictive covenants, trade secret and compensation issues

  • Proprietary information, employee raiding and unfair competition employment practices

  • Arbitration, mediation and other alternative dispute resolution of employment disputes

  • Litigation of contractual and statutory employment claims, including Fair Labor and Standards Act (FLSA) overtime compensation, misclassification of employees, hours worked recordkeeping requirements and other wage and hour claims.

Financial Services

Financial Services and Securities Litigation

AK&W attorneys have counseled financial institutions, broker-dealers, financial and investment advisors, insurance companies, pension funds, non-profit organizations, issuers and investors in a variety of securities and investment matters and related industry proceedings.  They have years of experience in securities industry arbitrations of a broad variety of alleged sales practice violations involving investment and financial advisors and broker-dealers.  This includes serving as first chair arbitration counsel in hearings throughout the United States, including in Philadelphia, Chicago, New York, Utah, Texas and Florida.   

Lee Allman also has broad financial services industry training and experience, earning his series 7 and 63 licenses and CERTIFIED FINANCIAL PLANNING™ designation.  Lee recently was a Director for Barclays Wealth and Investment Management (Americas) and served on the attorney advisory board for the Commonwealth of Pennsylvania Securities Commission.

Our attorneys have knowledge about industry practices and regulations.  They have experience in dispute resoluton relating to allegations of: insider trading and market manipulation; material misrepresentations and omissions; churning; concentration; margin account violations; failure to supervise; unauthorized trading; misrepresentations; undisclosed conflicts of interest; selling away; front running; elder abuse; mishandling of employee stock options; failure to supervise; and breach of the know-your-customer and suitability rules.

Commercial Litigation

Commercial and Business Litigation

AK&W trial attorneys have prosecuted and defended complex and challenging civil cases against many of the best litigators in the country. We are committed to providing first-quality representation economically in all phases of civil litigation, including hearings, trials and appeals. We have prosecuted and defended expedited proceedings, including applications for temporary restraining orders and motions for preliminary injunctions. Our attorneys are skilled in preparing and cross-examining expert witnesses in a variety of fields.

Our trial attorneys have represented clients in business and commercial disputes involving:

  • Breach of contract

  • Commercial real estate transactions, including commercial lease disputes, enforcement of restrictive covenants and development projects

  • Securities and financial fraud

  • Elder care and nursing home liability

  • Insurance law claims

  • Acquisition transactions and related representations, warranties and escrow provisions

  • Business torts, including unfair competition and interference with contractual rights

  • Fiduciary litigation

  • Shareholders rights, corporate control and corporate governance

  • Partnership issues

  • Secured transactions and commercial financing relationships 

  • Products liability and product warranty 

  • Professional liability claims 

  • Patents and intellectual property rights 

  • Transactions governed by the Uniform Commercial Code

  • Complex and multiparty cases, including multi-district litigation, class actions and opt-out claims