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J. Philip Kirchner

J. Philip Kirchner is a member of the firm's Litigation Department and concentrates his practice on resolving business disputes, including complex litigation of all types of business issues in both federal and state courts, primarily in New Jersey and Pennsylvania. He has extensive experience representing public and private business entities and individuals in commercial litigation including arbitration, mediation, trial and appeals of claims under the state and federal securities laws; contract disputes; insurance coverage disputes; employment disputes; trademark and trade secret disputes; antitrust claims; construction disputes; estate and probate contests; claims under the Employee Retirement Income Security Act of 1974 (ERISA) and closely held business dissolutions. He has also represented a company in the business of operating and managing casinos on licensing and compliance issues both in court and before state agencies. Mr. Kirchner is a member of the firm's Alternative and Renewable Energy, Gaming, Construction, Restaurant & Hospitality and Nonprofit & Charitable Organizations Industry Groups.

In his capacity leading the Firm’s Restaurant & Hospitality Industry Group, Mr. Kirchner has represented his food service, restaurant and hospitality clients, including the South Jersey Independent Restaurant Association (a/k/a the “SJ Hot Chefs”), in a variety of matters, including: contract litigation; contract negotiation, drafting and review; trademark and tradename litigation; theft of trade secret cases; enforcing, defending and challenging restrictive covenants, in employment contracts; landlord-tenant disputes; and various government regulatory issues. He also regularly counsels and advises his clients on ways to avoid regulatory enforcement problems, such as wage and hour issues, tipping policies, sales and employment withholding taxes, overtime pay and minimum wage.

Mr. Kirchner has presented seminars on a variety of litigation-related topics, including writing effective briefs, successful discovery techniques, restrictive covenants in employment agreements, and the use of expert witnesses. He is also a former editor ofNew Jersey Lawyer magazine.

Prior to law school, Mr. Kirchner was a Dean of Students at several major US universities and colleges.

Representative Matters

  • Defense of Fortune 100 company officer against multiple class action lawsuits and civil action by SEC alleging securities fraud; avoided criminal prosecution for client and settled civil suits for no liability and no payment
  • Summary judgment for corporate seller of office building and land, dismissing claims of fraud and mistake brought by purchaser in sale-leaseback transaction
  • Successful settlement of multimillion-dollar claim for educational software vendor against school district
  • Secured million-dollar judgment after trial for investor in publicly traded company
  • Secured judgment after trial for government defense subcontractor against prime contractor for breach of teaming agreement
  • Secured injunction after trial to protect trademarks of real estate developer and prevent infringement by non-competitor
  • Successful settlement of lawsuit to dissolve two partnerships, with significant tax savings and avoidance of adverse tax consequences to client’s profit-sharing plan 
  • Successful defense of non-resident pharmacist against civil claims by NJ Attorney General for violation of state statutes regarding Internet sales of prescription drugs
  • Summary judgment for physician dismissing claim by former practice group for breach of non-competition agreement
  • Enforcement of three-year non-competition agreement against sales manager of chemical coatings company
  • Successful settlement of ERISA claim by Fortune 100 company buyer of business unit against Fortune 100 company seller; settlement required seller to pay $25 million to pension plan covering acquired workers
  • Convinced New Jersey Supreme Court to narrow the preclusive effect of New Jersey’s “entire controversy doctrine” in cases involving initial litigation outside of New Jersey 
  • Rated AV® Preeminent™ by Martindale-Hubbell
  • Top Attorney List, Litigation, SJ Magazine, 2010, 2012, 2014
  • Named a New Jersey "Super Lawyer," 2005, 2008, 2009 - 2011, by Thomson Reuters, publishers of New Jersey Super Lawyers
  • Fellow, Litigation Counsel of America

A description of the standard or methodology on which the accolades are based can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 

  • Burlington County Bar Association
  • Camden County Bar Association
    • Chair, Commercial Litigation Committee
  • Diversity Law Institute
  • New Jersey State Bar Association
  • Pennsylvania Bar Association 
  • The Trial Law Institute
  • The Association of the Federal Bar of New Jersey
  • Litigation Counsel of America
    • Fellow
  • Mental Health Association, Southwestern New Jersey
    • Vice President, Board of Directors
    • Past President, Board of Directors
  • Haddonfield Recreation Council
    • Member
  • Building Baseball Dreams, Inc., a nonprofit company whose goal is to raise money for inner city youth baseball programs
    • President
  • Haddonfield Little League
    • Past president

News

Events

Articles & Alerts

Admissions

  • New Jersey
  • Pennsylvania
  • Supreme Court of New Jersey
  • Supreme Court of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • 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
  • U.S. Supreme Court
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    Video { Photo of Kirchner discusses entrepreneurs, business agreements and disputes } Play Kirchner discusses entrepreneurs, business agreements and disputes

Education

  • University of Pennsylvania, J.D., magna cum laude, 1984
    • Associate Editor, University of Pennsylvania Law Review
    • Order of the Coif
    • Arthur Littleton Legal Writing Instructor
    • Maurer Prize in Criminal Procedure
  • University of Vermont, M.Ed., summa cum laude, 1974
  • Villanova University, B.A., cum laude, 1971