Toms River, New Jersey, United States
PROFESSIONAL SUMMARY * Applying imagination, resourcefulness, and sound judgment to resolve sophisticated legal disputes. * Interpreting statutory issues. * Advocating and advancing litigation and transaction objectives utilizing vast experience from having worked intensely with legislative, judicial, and executive branches of government, regulatory bodies, administrative agencies, as well as trade associations, social policy organizations, homeowner groups, and residential property managers. * Writing formal opinions, advocacy papers, and reports for professional journals. * Framing issues, crafting qualitative proposals, and structuring insightful strategies that efficiently address business and individual client concerns. * Offering affordable and dependable undertakings including, on short notice, mediation, courtroom and deposition coverage. * Managing, evaluating, and mentoring junior colleagues within the context of litigation, subrogation, medical billing, transactional, and research projects.
Exceptional track record of undertaking, from January of 2019 through August of 2021, issues at hearings [some conducted electronically in light of procedures enacted to combat the Coronavirus pandemic] related to subrogable employer health care plan billing disputes. See http://www.kcalegal.com/att_LubinDavid.php . Building upon many years of diligent advocacy for medical providers and consulting for solo litigators by providing cutting-edge and cost-effective research, case screening, brief writing and editing as to diverse pleadings, discovery, settlement negotiation, mediation, arbitration, subrogation, and trial situations. Broad results-oriented abilities deriving from – Resolving individual and business claims. Drafting, editing, and revising pleadings, discovery, correspondence, memos, motions, and briefs. Collaborating with national and in-house counsel. Taking and defending important depositions. Developing courtroom tactics through interaction with experts. Analyzing legislative history and case law with proficiency. Appearing at settlement conferences, mediations, arbitrations, trials, and appeals. Formulating trade association and social policy action group agenda. Handling sensitive communications with elected officials and senior executives. Authoring position statements for use in networking newsletters and magazines. Performing duties at behest of judicial administrator, commencing January 2017, as arbitrator in civil cases listed for trial in Burlington County Superior Court.
EMPLOYMENT HIGHLIGHTS During a healthy tenure alongside Robert C. Daniels (who passed along insights as former Chancellor of Philadelphia Bar Association, Chairman of Attorney Disciplinary Board, Campaign Advisor to Mayor and Governor Ed Rendell, and later Pennsylvania Appellate Court Judge), produced greater than anticipated recoveries in complex cases. Presented written and oral argument germane to discovery, evidentiary, and dispositive motions, plus appeals. Mr. Daniels even found time, until, of course, his grandchildren arrived, to escort my children to luncheons at the Pyramid Club and baseball games at Citizens Bank Park. Collaborated with colleagues at Sprague and Sprague, on strategy, planning, and advocacy in highly profiled constitutional, employment, Section 1983, real estate taking, and complicated personal injury actions. Created pleadings and discovery instrumental to early closure to case involving alleged defamation of a trail-blazing State Supreme Court Justice. See Order, entered August 19, 1997, at Phila. C. P. 9507-02712. Joined with in-house staff and chief national law firm counsel to resolve consumer class action suit vs. retail client. See Phila. C. P. 9412-00095. Mediated disputes among shareholders during sale of health care venture and liquidation of realty. While at what was then known as Anapol Schwartz, teamed with founder of firm in evaluation, preparation, and trial of Section 402A, professional negligence, toxic tort, and workplace lawsuits. Synthesized product defect cases such as those dealing with safety guards for motorcycle accessories and industrial mixing equipment. Maintained supervisory responsibilities over Litigators' Group during investigation, negotiation, and disposition stages of mass tort litigation involving common carrier. Mentored summer associates and law clerks.
While at the lobbying offices of the American Bar Association in Washington, DC, noted for its vital role in evaluating nominees to the federal bench, with governmental affairs luminaries such as Herbert E. Hoffman and Robert D. Evans, analyzed legislative histories. Attended and reported on Congressional hearings, mark-up sessions, and a national political convention. Wrote witness statements and position memos for the benefit of the legal community lobby. Gained invaluable first-hand insight while on Capitol Hill into the lawmaking process and trade association lobbyist interaction with federal, state, plus local officials and their trusted aides. See further information contained at https://www.americanbar.org/advocacy/governmental_legislative_work.html Thereafter, administered docket as sole clerk for distinguished Philadelphia jurist who served within system described a thttps://www.courts.phila.gov/common-pleas/trial/civil/ . Fielded constitutional and professional ethics questions. Consulted with trial counsel during hundreds of discovery and settlement conferences. Fashioned procedural and evidentiary decisions as well as post-verdict orders, findings of fact, and conclusions of law. Recommended trial rulings and jury instructions. Contributed to many scholarly opinions on social policy issues such as Scarborough v. Trustees of Reading Railroad, 565 A.2d 122 (Pa. 1989). Supervised law student interns. Hosted seminars in and around City Hall as to on-line legal research proficiency. His Honor even found time to preside over the nightcap of Lubin Family Doubleheader Wedding ceremonies during October of 1984.