Paul Lantieri III

Partner

lantierip@ballardspahr.com
Tel 215.864.8279
Fax 215.864.8999
Philadelphia

Paul Lantieri III is Deputy General Counsel of the firm. He advises organizations and their leaders on avoiding or reducing litigation, regulatory, business, and public relations exposure. He defends companies and individuals in securities, corporate governance, intellectual property, and other types of business disputes in trial and appellate courts. He also assists a wide range of entities, including special committees, with internal and governmental investigations. In addition, Paul is regularly called on to help organizations develop and implement, and manage risks associated with, self-regulatory policies and procedures. And he works with management, boards, and outside advisors on communications and compliance strategies in connection with litigation and crisis situations.

Paul has been the primary draftsperson of successful dispositive motions and appellate briefs in several significant cases, and of well-received investigation reports in highly publicized matters.

Paul is a member of the firm's Hiring and Evaluation Committee.

Representative Matters

  • Represents Nasdaq in litigation, regulatory, and government enforcement matters arising from the Facebook IPO; obtained an injunction against an exchange member seeking to assert substantial claims for Facebook IPO trading losses against Nasdaq in arbitration, and a partial dismissal of class claims brought by Facebook investors
  • Represents a broker-dealer in government investigations and litigation concerning securities trading compliance issues
  • Regularly advises a medical certifying board regarding its certification, disciplinary, and internal appeal processes
  • Obtained dismissal on a motion to dismiss securities fraud claims against Nasdaq arising from an allegedly fraudulent options trading scheme
  • Represented a medical certifying board in a 12-day federal jury trial concerning exam security; obtained monetary judgment on copyright and contract claims, a defense verdict on counterclaims for tortious interference, defamation, commercial disparagement, and invasion of privacy, and affirmance of those decisions on appeal (American Board of Internal Medicine v. Von Muller)
  • Represented the Lower Merion School District in an internal investigation relating to the district's use of remote monitoring technology in laptops issued to students, and defended federal and state invasion of privacy and civil rights claims in related civil litigation
  • Represented a bank and a retailer in professional malpractice cases
  • Conducted an internal investigation on behalf of the special litigation committee of a public company charged with investigating allegations arising from an electronic data security breach involving thousands of credit card numbers, and prepared a report that led to the dismissal of shareholder derivative litigation brought against the company's directors and officers
  • Represented the special litigation committee of a REIT charged with responding to derivative litigation claims against trustees and officers arising from investments devalued by the collapses of the real estate and credit markets, and reached a favorable settlement of federal and state actions after conducting and reporting on an internal investigation
  • Investigated on behalf of an independent board committee allegations that a public company's chief executive officer engaged in insider trading
  • Defended a stock exchange in various actions challenging transactions pursued by the exchange and other management and board decisions - e.g., McGowan v. Frucher, 481 F. Supp. 2d 405 (E.D. Pa. 2007), aff’d (3d Cir. Aug. 12, 2010) (obtained dismissal of securities fraud class action and affirmance on appeal); PennMont Securities v. Frucher, 586 F.3d 242 (3d Cir. 2009) (obtained denial of motion for preliminary injunction and dismissal of action seeking to enjoin exchange's enforcement of an SEC-sanctioned rule, and obtained affirmance on appeal on grounds that exhaustion of remedies doctrine barred suit); In re Philadelphia Stock Exchange, Inc., 945 A.2d 1123 (Del. 2008) (obtained Delaware Chancery Court and Supreme Court approval of a favorable settlement of breach of fiduciary duty class action)
  • Obtained ruling that a separate contract requirement of the Pennsylvania School Code is subject to waiver under the Commonwealth's Mandate Waiver Program, Mechanical Contractors Ass’n of E. Pa. v. Dep’t of Educ., 934 A.2d 1262, 594 Pa. 224 (2007)
  • Obtained decision approving settlement with significant implications as to the permissible scope of bar orders in partial settlements of securities fraud class actions, PNC Financial Services Group, Inc., Securities Litigation, 404 F. Supp. 2d 421 (W.D. Pa. 2006)

Pro Bono Experience

Paul recently assisted a nonprofit organization with an overhaul of its governance policies and procedures. He also works on a number of matters with the Pennsylvania Innocence Project, which seeks exoneration for the wrongfully convicted. In addition, with a team from the firm, Paul successfully negotiated structural changes to the voting districts in Franklin County, North Carolina, after initiating a lawsuit on behalf of several county residents based on the one-person, one-vote guarantee of the U.S. Constitution.

Recognition & Accomplishments

Benchmark Litigation, "Future Star," Litigation, 2018-2020; Under 40 Hot List, 2016

Recipient, The Legal Intelligencer and Pennsylvania Law Weekly's 2008 "Lawyers on the Fast Track" award, given to select young Pennsylvania lawyers whose achievements have distinguished them among their peers

Recognized by People's Emergency Center for volunteer leadership in connection with pro bono services

Publications

Co-author, "New FTC Guides Address Use of Social Media; Expand Liability for Advertisers, Endorsers," Ballard Spahr Intellectual Property Alert, October 12, 2009

Co-author, "Supreme Court Restricts Reach of Securities Fraud Liability," Ballard Spahr Business Litigation Alert, January 15, 2008

"Advertising–Frequently Asked Questions," Ballard Spahr Intellectual Property publication

Speaking Engagements

"The Art of the Deposition," Dealing with Difficult Witnesses and Opposint Counsel, Pennsylvania Bar Institute, November 17-18, 2016

"The Art of the Deposition," Expert Witnesses, Pennsylvania Bar Institute, June 4-5, 2015

Annual Business Lawyers' Institute, Pennsylvania Bar Institute, November 12, 2008

"IP and the Internet: The Story of GROW AND GO, the Fictional Drink of Summer Games," Ballard Spahr CLE For Free, June 5, 2008

"Hey, Knock It Off: Protecting Fashion Designs," University of Delaware, February 15, 2007

Community Activities

LEADERSHIP Philadelphia Core Class of 2007

Board Memberships

Secretary, John Bartram Association

North Ardmore Civic Association 



Harvard Law School (J.D. 2001)

University of Pennsylvania (B.A. and B.A.S. 1998, magna cum laude)

Pennsylvania

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Ninth Circuit