Mr. Lee continues an active advocacy practice, but devotes the majority of his time serving as an arbitrator and mediator. He has more than 30 years of experience as a neutral, and has successfully resolved hundreds of domestic and international disputes. While his primary focus is in on complex construction disputes, he has served as a mediator in disputes involving many varied issues, including corporate and commercial transactions, real estate, products liability, bankruptcy, professional liability, and shareholder and partnership issues.

✔ Commercial/Business ✔ Condominiums
✔ Construction ✔ Contract Disputes
✔ Debt/Foreclosure ✔ Eminent Domain
✔ Engineering ✔ Environmental
✔ Industrial ✔ International
✔ Joint Ventures ✔ Landlord/Tenant
✔ Partnerships ✔ Real Estate

Employment Experience Kurtz & Revness, P.C. 2017-present Jacoby Donner, P.C., 1995-2016; Managing Shareholder, 2002 to 2008; Bolger & Picker, 1983-1995 Deputy Attorney General, Pennsylvania Department of Justice Law Clerk, Hon. Lois G. Forer, Common Pleas Court, Philadelphia, Major Civil Trials

Representative Commercial Cases: Handled as Advocate

• Represented Development Manager of Philadelphia Eagles Football Stadium in affirmative and defensive multi-million dollar claims following completion.
• Represented wholesaler in an action against its software consultants who claimed proprietary rights in client's products and refused to supply source code necessary to support the products. Obtained TRO and preliminary injunction directing turnover of the source code. Defendants appealed asserting the complaint did not state a substantive RICO claim and that the court had no jurisdiction. After remand for further factual development, the District Court denied a motion to dismiss the amended complaint. The defendants ceased defending resulting in a permanent injunction and a judgment for $22,000,000.00.
• Represented clean room design builder in an action against former employees who misappropriated trade secrets and proprietary information to set up a competing business. Obtained ex parte order directing Federal Marshall to seize computers of former employees by arguing that notice to opposing party and/or counsel would create danger of destruction of digital information. Case resolved with monetary payment and consent order for permanent injunction. Competing business was discontinued.
• Represented former owner of a manufacturing facility in a diversity action seeking final installment payments. Purchasers defended asserting counterclaims for environmental clean-up costs assessed by PADER. Obtained summary judgment in client's favor and defeated the counterclaim based upon contractual limitation period in sales agreement.
• Defended wholesaler and its principals in multi-million dollar RICO claim by a foreign supplier. Court entered summary judgment based upon the forum selection and choice of law clauses in the agreement between the parties.
• Defended Metropolitan Dade County in a multi-million dollar claim by manufacturer of mass transit rail cars. Succeeded in having trial court transfer the case to the Southern District of Florida, and defeated mandamus action in the Third Circuit seeking reversal.
• Represented investment banking firm seeking unpaid finder’s fee for financing. Obtained judgment for full amount and counsel fees which was affirmed on appeal.
• Litigated numerous bankruptcy preference actions and injunctions involving claims for breach of restrictive covenants in employment contracts. Representative Construction Cases Handled as an Advocate:
• Represented Construction Manager in completion of award winning glass office building after window manufacturer became insolvent. Negotiated completion agreement with surety to obtain product and negotiated a favorable resolution of client’s completion damages.
• Represented owner in claim against contractor and subcontractors for use of defective fill on strip mall. Recovered full $1,600,000 of damages after litigation and successful mediation.
• Defended owner in claim by general contractor for extras and delay damages on a multi-million dollar historic renovation project in Philadelphia. After twenty-three days of arbitration, general contractor was awarded 25% of its claim and settled for approximately 15% of its claim, an amount less than that offered in settlement at the outset of the case.
• Represented HVAC contractor in a claim against its design engineer arising from errors and omissions in the preliminary design-build plans prepared for bidding on an Atlantic City casino. The case was favorably settled after a two-week trial.
• Represented twenty-one subcontractors in a case against the owner, general contractor and lender on a multi-unit, low income project in Reading. The case was settled prior to trial for the full amount of the claim plus interest.
• Represented owner of a suburban low-rise office and warehouse facility in a claim against a contractor and design professionals for defectively constructed facade and window penetrations. Negotiated remedial construction at no cost to owner.
• Successfully defended owner on mechanic's lien claim asserted by an architect after the architect had been terminated for failure to supply proper plans.
• Defense of architects and engineers in professional liability cases.

Significant Transactional Representations:

• Represented Development Manager for construction of the Philadelphia Eagles’ new football stadium (Lincoln Financial Field), including preparation and negotiation of client’s contracts with owner, architect, and construction manager.
• Prepared Pennsylvania contract documents for use by publicly traded developer of major auto racing venues.
• Preparation and negotiation of contract documents for development of an extreme sports facility in Trenton, New Jersey. Reported Cases:
• In re Blatstein, 192 F.3d 88 (3d Cir. 1999)
• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc., 1995 WL 15479 (E.D.Pa.)
• Marlee Electronics Corp. v. Eclectic Technologies Corp., 1993 WL 30081 (E.D.Pa.); RICO Bus. Disp. Guide 8221 (1993)
• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc., 1992 WL 392614 (E.D.Pa.)
• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc., 1992 WL 211544 (E.D.Pa.); RICO Bus. Disp. Guide 8148 (1992)
• Marlee Electronics Corp. v. Eclectic Technologies Corp., 1990 WL 171532 (E.D.Pa.)
• Seltzer v. Klein, 1989 WL 51288 (E.D.Pa.)
• Budd Company v. Mass Transit Administration and Metropolitan Dade County, Florida, 1986 WL 3852 (E.D.Pa.)
• Dynaforce Corporation v. Temp-Way Corporation, 80 B.R. 699 (U.S.B.C. E.D.Pa. 1987)