name

Julian E. Neiser

Member
Vice Chair of Northern Offices, Litigation Department
Co-Chair, Construction Group<
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Spilman Thomas & Battle, PLLC - Pennsylvania

Pennsylvania, USA
    Local Time: Tuesday 23:49

Practice Expertise

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Areas of Practice

  • Alternative Dispute Resolution
  • Artificial Intelligence Law
  • Bankruptcy & Creditors' Rights
  • Construction Law
  • E-Discovery
  • Insurance Coverage & Bad Faith
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Nursing Homes
  • OSHA & MSHA
  • Technology
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WSG Practice Industries

WSG Leadership

  • WSG Coronavirus Task Force Group - Member

Profile

Mr. Neiser has been involved in hundreds of commercial cases and has represented a diverse range of clients, ranging from sole proprietors to Fortune 100 companies. Many of his cases are resolved early due to his ability to identify issues and find immediate solutions.

Mr. Neiser's primary practice is construction and general commercial litigation. Within those two broad categories, he regularly handles disputes involving intellectual property, contracts, shareholder/partnership conflicts, insurance coverage, trade secret/restrictive covenant matters, and contracts of all types, especially those involving commercial construction.

Additionally, he is a first-call OSHA defense lawyer and defends employers in discrimination and other employment-related claims.

Mr. Neiser also is a member of the AAA Panel of Arbitrators and Mediators.


Bar Admissions
Pennsylvania State Bar
United States District Courts for the Western and Eastern Districts of Pennsylvania
United States Court of Appeals for the Third Circuit

Education

  • University of Pittsburgh, B.A. 1996
  • Duquesne University School of Law, J.D., 2001

Areas of Practice

  • Alternative Dispute Resolution
  • Artificial Intelligence Law
  • Bankruptcy & Creditors' Rights
  • Construction Law
  • E-Discovery
  • Insurance Coverage & Bad Faith
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Nursing Homes
  • OSHA & MSHA
  • Technology

Professional Career

Significant Accomplishments
  • Obtained a jury verdict and defeated all counterclaims in a federal trademark and breach of contract claim. (POM of Pa., LLC v. Pennsylvania Skill Games, LLC; USDC Western District of Pa., 2:18-cv-722).
  • Obtaining a favorable award before the AAA establishing a disputed construction schedule that triggers liquidated damages in favor of our client.
  • Successfully trying to verdict before the AAA a commercial pipeline construction case and obtaining multi-million-dollar verdict including attorney fees following a five-day trial
  • Obtaining a favorable settlement in a multi-million-dollar UCC and contract claim in federal court involving an international produce company
  • Obtaining a consent judgment to rescind a commercial general liability insurance policy involving a large homebuilder
  • Representing a large industrial contracting company in a $30 million power plant dispute in federal court that settled on the eve of a trial scheduled for six weeks
  • Representing a major manufacturing company in federal court injunction proceedings to enforce an employment agreement and prevent theft of trade secrets, which resulted in a favorable permanent injunction and forensic removal of proprietary information
  • Representing, on several occasions, a leading technology company in federal court to enforce trademark rights
  • Obtaining favorable verdict in federal court on behalf of a large energy company in a securities fraud case following a three-day trial
  • Trying to verdict a multi-million-dollar construction case before the AAA involving a mixed use development/golf course community
  • Negotiating full releases on behalf of a university/owner in a complex mechanic's lien dispute among contractors
  • Successfully trying to verdict an orphans' court matter involving a dispute over estate proceeds
  • Trying dozens of commercial arbitration cases to verdict in Pennsylvania state court
  • Successfully defending a high-level sales person and energy company employer in a federal court injunction case, which resulted in settlement and dismissal
  • Obtaining an injunction in favor of a regional energy company in an ownership dispute in state court
  • Obtaining an injunction in favor of technology company against former employees in trade secret injunction case
  • Obtaining several favorable jury and non-jury verdicts in Pennsylvania state court related to commercial contracts
  • Former General Counsel of The Rhodes Group
  • Marine Corps Veteran and former Drill Instructor
  • Former writer and editor for the Associated Press
  • Adjunct Professor at Duquesne University School of Law Trial Advocacy Department

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    Professional Activities and Experience

    Distinctions

    • AV® Preeminent™ Peer-Review Rated by Martindale-Hubbell
    • Named to Pennsylvania Super Lawyers® list
    • Nominated by his peers for inclusion in The Best Lawyers in America in the area of Construction Law and Litigation - Construction
    • Duquesne University School of Law Adjunct Award, Fall Semester 2017
    • JD Supra Readers' Choice Top Author, Construction Law, 2023 & 2026


    Articles

    Publications & Presentations

    • Objections: When to Use Them for the Best Results 2021, Pennsylvania Bar Institute, 2021
    • "Barrick v. Holy Spirit — Changes to Pennsylvania’s Rules on Expert Discovery," Lawyer’s Journal
    • "Understanding Voir Dire and Jury Selection," National Business Institute, May 2016
    • "Advanced Trial Tactics," National Business Institute, March 2015
    • "The Future of Presenting Electronic Discovery At Trial," Construction Super Conference, 2013
    • Keynote Speaker — 2012 Marine Corps Ball, 2012
    • "Legal Research Tips and Strategies," National Business Institute, 2010
    • "Electronic Discovery — Proving Your Case at Trial," National Business Institute, 2009
    • "E-Discovery — Understanding the Rule Changes," National Business Institute, 2008
    • "E-Discovery," National Business Institute, 2007
    • "Understanding Pennsylvania’s Mechanics Lien Law," Pennsylvania Bar Institute, 2007
    • "Negotiating Software Licenses — the Licensee’s Perspective," Pennsylvania Bar Institute, 2001

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