Biography
Frank Emmerich has significant experience in representing large companies, entrepreneurial businesses, and individual clients in complex cases involving catastrophic losses, engineering issues, class actions, unfair trade practices, intellectual property issues, and government investigations.
Representative Matters include the following:
- Represented clients in intellectual property issues including the defense of a musician in $33 million copyright/Lanham Act claim, a small business owner in $3 million trademark case, a start-up vineyard in a trademark issue, and a nationally-recognized sculptor where Frank successfully petitioned for award of attorney’s fees.
- Represented a cooperative corporation in protecting its intellectual property and trade secrets related to the development of green technology.
- Defended national public utility company in class action for alleged $100 million property loss from industrial fire. Frank achieved dismissal of his client from the case through summary judgment.
- Obtained a temporary restraining order for violations of the First Amendment on behalf of a publisher for a municipal ordinance restraining distribution of hand delivered literature. The ordinance was ultimately repealed.
- Obtained injunctive relief on behalf of a nationally known hotel architect for architectural drawings related to a $30M hotel development project.
- Represented various entities including businesses involved in the health industry on restrictive covenants.
- Obtained nonsuit for industry-leading chemical company in defense of tortious interference with contract claims.
- Represented international gas distributor in $16 million breach of warranty action.
- Represented industrial equipment manufacturer where Frank achieved a nonsuit after a one-week trial involving numerous experts.
- Represented control system manufacturer in a trash-to-steam plant explosion case.
- Represents clients in a wide range of litigation involving technology, medical devices, and pharmaceutical products.
- Represents companies and individuals in business tort disputes including representing a water purification company, an insurance program manager, an engineering company, and an art dealer.
- Represents financial institutions in contractual disputes and statutory claims.
- Obtained favorable outcomes through alternate billing arrangements and contingent cases.
Publications
"Engineering the Litigation Process," Engineering Times (March 2004).
Employee Terminated/Cause of Action Dismissed: The ADA Provides No Haven For Employees Hypersusceptible to Genetic Illness, 4 Journal Individual Employment Rts. 185 (1995-1996).
The Supreme Court Strengthens the Discretionary Powers of the District Courts in Admitting Expert Scientific Testimony: Daubert v. Merrell Dow Pharmaceuticals, Inc., 3 Widener J. Pub. L. 1051 (1994).
In addition to his litigation practice, Frank is a member of the firm’s Executive Leadership Committee.