Damian L. DiNicola is an associate in the Litigation Department and a member of the Commercial Litigation, Appellate, Consumer Financial Services, Insurance, Real Estate and Construction Litigation, and E-Discovery and Data Management Groups. Mr. DiNicola concentrates his practice in complex commercial litigation across an array of industries, including pharmaceutical and biotherapies, software development and implementation, insurance, health care and administration, entertainment, communications, gaming, and financial services.
Mr. DiNicola handles both litigation defense and proactive engagements on behalf of clients, often involving multiple jurisdictions, in both federal and state courts. He has substantial experience with breach of contract actions, including those that intersect with intellectual property disputes. In addition, Mr. DiNicola advises clients on preventive legal strategies, contracts, legislation, and regulatory actions. He has significant experience managing complicated e-discovery matters and with the many issues presented by complex discovery in state and federal court. He coauthored "eDiscovery: The New Federal Rules," published as part of a PBI Press book on e-discovery.
Representative Matters
- Represented an international transportation services company in a successful effort to obtain approval for a Class Action settlement creating a Voluntary Employees' Beneficiary Association (VEBA) Trust
- Represented a financial services company before the U.S. Court of Appeals for the Third Circuit in the successful appeal of an adverse decision by the trial court involving alleged violations of state and federal consumer protection laws
- Defended two insurance companies during discovery and several months of hearings prompted by the Pennsylvania Insurance Department's attempt to liquidate both companies
- Defended a large university-based health system in a breach of contract dispute involving surgical products
- Represented an international pharmaceutical and biotherapies company in a breach of contract dispute and related intellectual property action
- Defended an insurance software company in a contract and intellectual property dispute related to the development and implementation of a core software product for a customer
- Represented a national gaming company in a contract dispute arising out of the sale of a racetrack and gaming facility
- Represented financial institutions in a constitutional challenge of state laws impacting banking and related lending services in Pennsylvania