Overview

Stephen maintains a diverse and sophisticated litigation practice, with a focus in business litigation, financial services litigation, and class action defense. He has worked with hedge funds, private equity funds, and venture capital funds in various disputes arising out of corporate governance issues. He has defended boards of directors in derivative actions and other shareholder disputes. He has counseled banks, mortgage lenders, mortgage insurers and other financial institutions in handling claims brought under federal consumer protection laws, including the Real Estate Settlement Procedures (RESPA), Homeowners Protection Act (HPA), the Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA). He has extensive trial and appellate experience in federal and state courts in multiple jurisdictions. He has argued appeals in the United States Court of Appeals for the Third Circuit, the D.C. Circuit, the Delaware Supreme Court, and Pennsylvania appellate courts.

Representative Experience

  • Successfully defended a board of directors and two venture capital funds against a derivative suit brought by the founder of a medical device company in the Delaware Court of Chancery
  • Represented a venture capital firm in resolving a dispute with other co-investor firms over a recapitalization of an information-technology company
  • Represented a hedge fund in resolving claims that it was unfairly diluted by transactions between a nutritional supplements company and the company’s CEO
  • Represented a national bank in defense of claims of alleged discriminatory lending in federal court in Delaware and in the Third Circuit. The discrimination claims were rejected on summary judgment. The Third Circuit affirmed that ruling in a decision that defined the elements of a prima facie case of lending discrimination in the Third Circuit.
  • Represented a mortgage insurance company in defending putative class-action lawsuits under RESPA
  • Defended small-balance lenders in numerous disputes under the FDCPA

Professional Recognition

  • Noted as a “Pennsylvania Rising Star” by Super Lawyers in the area of business litigation, 2010-2011
  • Recipient, Earl G. Harrison Pro Bono Award, 2007

Professional & Community Activities

  • Davis v. Wigen, __ F.4th __ (3d Cir. 2023) – represented the plaintiffs in obtaining a precedential decision that clarified the substantial-burden standard under the federal Religious Freedom Restoration Act in the Third Circuit and established that the statute protects nonmandatory religious practices. The decision also established that a private prison management company is a government actor for purposes of the statute
  • Davis v. Samuels, 962 F.3d 105 (3d Cir. 2020) – represented the plaintiffs in obtaining a precedential decision that established that one of the federal civil rights statutes, 42 U.S.C. § 1985(3), applies to federal actors in the Third Circuit
  • Member, International Association of Defense Counsel
  • Trustee, Philadelphia Bar Foundation

Representative Experience

  • Successfully defended a board of directors and two venture capital funds against a derivative suit brought by the founder of a medical device company in the Delaware Court of Chancery
  • Represented a venture capital firm in resolving a dispute with other co-investor firms over a recapitalization of an information-technology company
  • Represented a hedge fund in resolving claims that it was unfairly diluted by transactions between a nutritional supplements company and the company’s CEO
  • Represented a national bank in defense of claims of alleged discriminatory lending in federal court in Delaware and in the Third Circuit. The discrimination claims were rejected on summary judgment. The Third Circuit affirmed that ruling in a decision that defined the elements of a prima facie case of lending discrimination in the Third Circuit.
  • Represented a mortgage insurance company in defending putative class-action lawsuits under RESPA
  • Defended small-balance lenders in numerous disputes under the FDCPA

Insights