Jerry R. DeSiderato
Jerry DeSiderato maintains a diverse practice, with an emphasis on complex commercial, financial services and bankruptcy litigation. He has handled both the defense and prosecution of claims in state and federal courts and arbitral tribunals throughout Pennsylvania and New Jersey.
Specifically, Jerry has extensive experience representing financial institutions and companies ranging from large, international corporations to privately-held, regional companies and their stakeholders in litigation involving contract disputes, business divorces, corporate fraud, and business bankruptcies. Jerry also routinely represents lenders in distressed commercial real estate matters.
- Representation of financial institutions as secured and unsecured creditors in Chapter 7, Chapter 11 and Chapter 13 bankruptcy proceedings
- Representation of financial institutions in litigation involving the Uniform Commercial Code, the Electronic Funds Transfer Act, Regulation E and claims based on check fraud, fraudulent endorsements, unauthorized electronic transactions and consumer fraud
- Lead trial counsel for a Fortune 500 logistics and package delivery company in litigation matters throughout Pennsylvania and New Jersey
- Lead appellate counsel for Fortune 500 logistics and package delivery company in the successful defense of an appeal filed in the Third Circuit Court of Appeals. The Third Circuit was asked to construe the preemptive scope of the Carmack Amendment to the Interstate Commerce Act and to determine whether the “true conversion” exception to the Carmack Amendment is an exception to the preemptive scope of the Carmack Amendment, or rather an exception to the liability limiting features of the Carmack Amendment. The Third Circuit Court of Appeals issued a precedential decision in favor of our client on an issue of first impression and held that the Carmack Amendment preempts all state law claims and that the true conversion exception is an exception to the liability limiting features of Carmack, and not an exception to its preemptive scope.
- Representation of a private equity company with respect to allegations of champerty and maintenance derived from a multi-million dollar capital investment in a beverage company
- Representation of real estate developers and restaurateurs in litigation involving allegations of breach of contract and fraud
- Representation of automobile dealerships in litigation involving allegations of breach of contract, fraud, and breach of fiduciary duty
- Representation of entities and individuals in the prosecution and defense of shareholder oppression claims
- Representation of a publicly-traded company in litigation commenced by the Environmental Protection Agency
Certain Underwriters at Interest at Lloyds of London v. United Parcel Service, Inc., 762 F.3d 332 (3d. Cir. 2014)
Professional & Community Activities
- Member, Pennsylvania Bar Association
- Member, Philadelphia Bar Association
- Board Member, Safe America Foundation
- Corporate Executive Board Member, Philadelphia Museum of Art
Speeches & Presentations
- Co-author, "Third Party Litigation Funding -- Leveling the Playing Field or Buying Trouble?" Pennsylvania Bar Institute, March 2011
- Selected as a Rising Star in the area of business litigation by Pennsylvania Super Lawyers Magazine in 2010, 2011, 2013, 2014, 2015 and 2016.
- Selected as a Rising Star in the area of business litigation by New Jersey Super Lawyers Magazine in 2014 and 2015.
- J.D., University of Pittsburgh School of Law, University of Pittsburgh Journal of Technology Law and Policy, Executive Editor, 2005
- B.S., cum laude, Syracuse University, Maxwell School of Citizenship & Public Affairs, 2002
- New Jersey, 2005
- Pennsylvania, 2005
- United States Court of Appeals Third Circuit, 2013
- United States District Court Western District of Pennsylvania, 2005
- United States District Court Eastern District of Pennsylvania, 2007
- United States District Court District of New Jersey, 2007