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Aaron Krauss

Member

: Philadelphia
One Liberty Place
1650 Market Street
Suite 2800
Philadelphia, PA 19103
P: (215) 665-4181
TF: (800) 523-2900
F: (215) 701-2381

Aaron Krauss

Aaron Krauss concentrates his practice on business litigation, health care litigation, labor and employment litigation, and intellectual property litigation.

Aaron tries cases in both state and federal court and before arbitration panels on behalf of companies (or officers, directors or shareholders of companies) who have disputes with other companies or shareholders. These disputes usually arise out of a prior business or employment relationship, or allegations of products liability. Although clients always want to win their case, Aaron recognizes that business goals must remain paramount, and a victory that comes at too great a cost either in terms of dollars spent or the harm to an otherwise important relationship is at best a pyrrhic victory. As a result, he provides practical advice recognizing that the lawsuit he is handling is only a part of a larger whole.

Aaron has been named one of "40 Business Leaders Under 40" by the Philadelphia Business Journal and as a "Lawyer on the Fast Track" in Pennsylvania by American Lawyer Media. He has repeatedly been named a "Super Lawyer" in Pennsylvania by Law & Politics.

Aaron has held various leadership roles within the American Bar Association's Litigation Section, including chair of the Health Law Committee. Aaron is a former vice chair of the Business Torts Committee of the American Bar Association’s Tort and Insurance Practice Section (1999–2004) and a former articles editor of the Tort & Insurance Law Journal (1995–1999). He wrote and edited the book An Introduction to Health Law Litigation Based on Contract and Government Claims (ABA First Chair Press, 2016). He was also an associate editor of the Handbook of Federal Judicial Practices and Procedures for the Eastern District of Pennsylvania, published by the Philadelphia Bar Association in conjunction with West Publishing Company (1996).

Outside of the law, Aaron is very involved with civic, charitable, and community organizations. For nearly two decades, Aaron served on the board of directors of Philabundance, a charitable organization that arranges for food that would otherwise be wasted to be distributed to community and relief organizations, including two years as chairman, one year as vice chairman, and four yeas as treasurer. Aaron is active in the United Way, and headed a team of attorneys who work with the United Way's Campaign for Working Families. He has served on the board of directors of Keneseth Israel, and as an officer of the congregation, as well as on the advisory board of the Moss Rehabilitation Hospital. Finally, for six years he served on the board of the Abington Band Boosters.

Aaron served as a law clerk to the Hon. Edward N. Cahn, U.S. District Court for the Eastern District of Pennsylvania from 1991-1992.

Aaron earned his Bachelor of Arts, magna cum laude, in 1988 from the University of Michigan, where he was a member of Phi Beta Kappa, and his law degree from the University of Pennsylvania, magna cum laude, in 1991, where he was a member of the Order of the Coif and the law review.

Experience

Represented a closely held company and its shareholder against claims brought by a former minority shareholder. The former minority shareholder claimed that he had been oppressed, that he had the license to manufacture 80% of the company’s products, that the company should be shut down, and that the company should have to pay millions of dollars to buy out his stock. Cozen O'Connor defeated the former minority shareholder’s request for an injunction and secured an injunction prohibiting the former minority shareholder from competing. The firm also had the former minority shareholder held in contempt, and was later able to convince an arbitrator to reject the former minority shareholder’s claim as to the value of the company.
Represented a food distribution company in multiple lawsuits claiming in excess of $100 million in damages, including in excess of $60 million in lost profits, as a result of alleged food contamination. At the conclusion of the ligation, the client was not required to compensate any plaintiff, and was able to recover a portion of its attorneys’ fees.
Represented a medical services provider in a claim that a health insurer improperly refused to cover the client’s services. The health insurer changed its medical policy.
Represented a venture capital firm in a claim for “clawback” owed by a former partner. The firm's client received 100 cents on the dollar, plus interest. Cozen O'Connor also defeated the former partner’s claim for mismanagement.
Represented a Fortune 500 company that had purchased assets and then sublet space from the seller in a dispute with the seller and a mortgage securitization pool. The seller claimed that our client had exercised two lease renewal options, and that the lease had been assigned to the lender. The lender sought $15.5 million. The firm secured summary judgment.
Represented a shareholder in a dispute involving more than $100 million in connection with the sale of multiple franchised locations, in which an adverse shareholder attempted to purchase our client's interest and stop the sale. After a two-week bench trial, we obtained an order in our client's favor that required the sale to proceed and allowed our client to retain a minority interest in the business and to serve as a senior executive in the new entity.
Represented a printing company in a claim for breaches of representations and warranties arising out of an asset purchase agreement. Cozen O'Connor secured a favorable jury verdict.
Represented a big four accounting firm against claims that it had failed to discover related party transactions and was therefore liable for in excess of $34 million. The firm secured a directed verdict.
Represented a company against claims of age discrimination. Cozen O'Connor secured a directed verdict.
Represented a bank against a claim that it should be removed as the Trustee of a trust with tens of millions of dollars of assets. The firm convinced the Orphans' Court to reject the beneficiary’s claim.
Represented a non-profit co-op in a claim that the USDA had acted arbitrarily and capriciously in refusing to award rural development funding to the co-op in support of its efforts to open a store approximately one mile from the Philadelphia boarder. The firm secured a favorable verdict for our client.
Represented a company against claims it had breached a lease when it changed the dimensions of the warehouse that was the subject of the lease. Cozen O'Connor was able to secure a favorable settlement during the trial.
Represented a big four accounting firm in claims that it failed to discover inadequate reinsurance. The firm secured a dismissal of the claims.
Represented a securities firm in a FINRA arbitration alleging unsuitable investments. Cozen O'Connor secured a dismissal of the claims.
Represented four former members of the board of a pension fund against claims alleging a $75 million RICO conspiracy. Cozen O'Connor secured summary judgment for our clients.
Represented a bank against claims that the bank was required to pay $2.6 million based on a bearer certificate of deposit. Cozen O'Connor secured summary judgment for our client.
Represented several individual clients who purchased a large amount of auction rate securities (ARS). Subsequently, when the credit crunch hit and the ARS market seized up, our clients were left with sizable illiquid assets. Previous ARS claims had been framed as standard securities frauds. Our litigators devised a strategy to file common law claims alleging negligent misrepresentation, breach of fiduciary duty and unfair trade practices. The claims survived a motion to dismiss and a motion for summary judgment. Shortly after the start of the trial, the case settled to our clients’ satisfaction.
Represented a family in a dispute with a venture capital firm over the family’s entitlement to receive carried interest from the fund. The firm secured a favorable settlement.
Represented the sellers of a company in a claim in which a former employee claimed to have been entitled to receive millions of dollars worth of additional stock options as a result of the sale. The firm secured a settlement that was a fraction of the cost of defending the case.
Represented a franchisee of a distribution company in termination proceedings. The firm negotiated an amicable settlement.
Won summary judgment, which was affirmed by the U.S. Court of Appeals for the Third Circuit, on behalf of an employee health plan operated by a health system in an ERISA case involving the recovery of a substantial overpayment to an out of network health care provider by the plan on behalf of a plan beneficiary. The court's opinion clarifies ambiguities in recent Supreme Court cases governing recoveries by ERISA plans based on equitable liens by agreement. The court found that our client’s claims were equitable rather than legal and thus permitted by ERISA, and awarded the plan an equitable lien by agreement based on a provision of the Plan requiring the return of overpayments made in error. The plaintiff was ordered to repay our client the substantial overpayments. Additionally, we won summary judgment on the provider's ERISA claims against our client, through which the provider sought $1.2 million in reimbursement based on its full billed charges.
Secured a defense verdict at the close of a bench trial on behalf of a large electronics manufacturer and defense contractor that was sued by a Qatari company under contract to act as the client's representative for selling baggage scanners for use at the New Dona International Airport in Qatar. At issue was whether the client owed the plaintiff commissions on certain scanners.

Publications

What to Do When Doctors Can't Heal Themselves [ABA Health Law Litigation Section]

March 28, 2017

Aaron Krauss, a member of Cozen O'Connor's Commercial Litigation department, discusses what to do when doctors can't heal themselves in the ABA Health Law Litigation Section.

An Introduction to Health Law Litigation Based on Contract and Government Claims [ABA]

June 10, 2016

Aaron Krauss, a member of Cozen O'Connor's Health Care practice, discusses health law litigation based on contract and government claims in a book published by the American Bar Association.

Trying Your First Case - A Practitioner's Guide [ABA Trial Practice Committee]

August 12, 2014

Aaron Krauss, a member of the Commercial Litigation department, authored a chapter on Cross-Examination in the ABA Trial Practice Committee’s text, ''Trying Your First Case: A Practitioner's Guide.'' The Guide provides practical advice for lawyers who are preparing for their first trial, as well as attorneys who have tried numerous cases. It includes details on how to prepare efficiently, how to cross-examine witnesses, and how to present your case in a professional and informative way.

Disclosure of Trade Secrets in Trade-Secret Litigation: A Frequent Catch-22 [ABA Section of Litigation]

May 19, 2014

Aaron Krauss, member of the Philadelphia office’s litigation department, wrote an article for americanbar.org, detailing the difficulties of safeguarding trade secrets in the modern era, and in the event that a client’s trade secrets are exposed, how to defend them in court.

Unable to Enforce a Contractual Noncompete? [ABA Section of Litigation]

February 24, 2014

Courthouse wisdom is that judges generally dislike noncompetes. After all, everyone should be entitled to earn a living, right? As a result, judges often look for a reason to find that a noncompete is inapplicable, or should not be applied in the particular situation facing the court (for example, because it is overly broad). The former was the case in Gingrich v. Midkiff, 120332-U (Ill. App. 5th 2014), in which a court refused to enforce a noncompete between two doctors because the shareholders’ agreement provided that the noncompete was only triggered if one of the doctors either withdrew or was expelled from the practice. That isn’t what happened in Gingrich. On the contrary, after the doctors started suing each other, one doctor bought out the other under an Illinois “deadlock” statute. As a result, the “departing” doctor didn’t “withdraw” and wasn’t “expelled.” Instead, she was statutorily bought out.

When Competitors Make You Crabby [Food Recall Monitor Blog]

August 14, 2012

Everyone in the food industry wants to come up with their “secret sauce” -- that unique ingredient (or combination of ingredients) that sets them apart from others. But coming up with a secret sauce isn’t enough. Once you do, you have to let consumers know. After all, the point of having a...

"Leave It to the Accountants--They'll Solve All Our Problems" [Bloomberg BNA]

June 22, 2012

"Leave It to the Accountants--They'll Solve All Our Problems" - Bloomberg BNA - You know the call. It usually comes in just before 5 p.m. on a Friday. During tax season, no less. One of your clients either bought or sold a business. Now there is a dispute. Usually it is over a post-closing adjustment. Working capital adjustments are most often the culprit, but it could be a dispute over inventory write-offs, or even the value of the company. Sometimes it is a dispute over the earn-out...

The Pros and Cons of Minimally Processed Food [Food Recall Monitor Blog]

April 24, 2012

On April 11, 2012, Jerry Scott and Jim Borgman managed (in their usual hilarious way) to put their finger on one of the dilemmas facing the food industry when they penned a Zits comic strip showing Pierce grabbing a live chicken during lunch so he could have a fresh egg, while Jeremy contents...

The Pros and Cons of BPA [Food Recall Monitor Blog]

April 05, 2012

Despite an outcry by some consumer advocates, the FDA has declined to ban BPA (bisphenol A) in food containers. Interestingly, the FDA refused a ban because opponents didn’t provide enough data to support a rule change. Because the FDA said that the issue merited further study, it is possible that...

When Kovel Letters Spell Trouble for a CFO [BNA]

August 19, 2011

When Kovel Letters Spell Trouble for a CFO - BNA - Cozen O'Connor's Aaron Krauss writes in BNA's Accounting Policy & Practice Repot that an outside accountant's work can be privileged if the accountant is providing new services at the direction of a lawyer under a specific engagement letter with the lawyer. Aaron explains that if the accountant proceeds under a Kovel letter, the accountant will have done everything possible to protect the client's interests.

Why the Jury Is (Still) Out [Risk and Insurance]

August 25, 2010

Why the Jury Is (Still) Out - Risk and Insurance - What lessons does the Blagojevich trial hold for risk managers staring down a case that's gone to a
civil jury? It finally happened. After years of being able to resolve most disputes before lawyers
even got involved, and after either winning the rest of your cases on motions or settling before trial, there was one case that the judge wouldn't dismiss and that you couldn't settle. It actually went to trial. Your record as a risk manager is no longer perfect

How Many Accountants Does It Take to Go to Trial? [The Legal Intelligencer]

February 22, 2010

How Many Accountants Does It Take to Go to Trial? - The Legal Intelligencer - I was going to trial. My client was a mid-sized business. I needed to prove damages, and show that my client's internal controls were appropriate. The budget was tight — as it always seems to be — but I had an ace in the hole. My client was audited.

Reducing the Risk of Failure [Food Safety Magazine]

June 01, 2009

Reducing the Risk of Failure - Food Safety Magazine - It seems like every week there is a front page
story about something that got into some part of the food supply. Pathogens. Allergens. Contaminants.
Bits of metal. Everyone is yelling for the
government and industry to do something. There should be more tests. There should be more standards. There should be more inspections. There should be more oversight.

When Fraud Happens to You: Evaluating Your Options & Best Chances for Recovery [Forensic Insight]

February 01, 2009

When Fraud Happens to You: Evaluating Your Options & Best Chances for Recovery - Forensic Insight - Recently, the scariest part of each day is opening the morning newspaper and seeing what new fraud has made the headlines. Bernard Madoff and his hedge fund. Joseph Forte and his investment fund. Jack Bennett and New Era Philanthropy. John Rigas and Adelphia. Hopefully, the article under the headline won’t mention you or your clients. But sometimes it does.

The Shadow Knows No Bounds [Risk & Insurance]

September 01, 2008

The Shadow Knows No Bounds - Risk & Insurance -

The Sheriff's Trail [Risk & Insurance]

May 01, 2008

The Sheriff's Trail - Risk & Insurance -

Eliminating the Weakest Links [Risk & Insurance]

April 15, 2008

Eliminating the Weakest Links - Risk & Insurance -

Saving Money by Saving Money [Risk & Insurance]

April 01, 2008

Saving Money by Saving Money - Risk & Insurance -

Private inspections of produce can help alleviate the United States' overburdened border control [Nation's Restaurant News]

January 14, 2008

Private inspections of produce can help alleviate the United States' overburdened border control - Nation's Restaurant News -

Fall 2007 [Commercial Disputes Observer]

November 07, 2007

Fall 2007 - Commercial Disputes Observer -

A Dissenting View On Arbitration [Corporate Counsel]

June 01, 2006

A Dissenting View On Arbitration - Corporate Counsel - Many lawyers say corporations fare better in
arbitration. They say arbitration is faster and
cheaper than litigation. They say arbitration
reduces “runaway verdicts.” Some even whisper (outside the presence of judges, of course) that arbitrators are smarter than judges.

Pennsylvania Bar Institute: Business Owners Disputes	Philadelphia, PA	10/26/2018
Practical Skills for New Litigators: Expert Depositions	New York, NY	06/22/2018
Health Law Year in Review Regional CLE	Miami, FL	02/03/2017
22nd Annual Business Law Institute	Philadelphia, PA	11/15/2016
Legal Intelligencer’s Philadelphia – Litigation Summit	Philadelphia, PA	09/21/2016
2016 Section of Litigation Annual Conference	Chicago, IL	04/14/2016
PBI 22nd Annual Health Law Institute	Philadelphia, PA	03/15/2016
Regional CLE Workshop: ABA Health Law Year In Review Regional CLE	Miami, FL	02/19/2016
PBI's Deal Documents in Litigation	Philadelphia, PA	12/03/2015
ABA Section of Litigation: 2015 Hot Topics in Health Law Litigation	Dallas, TX	05/15/2015
2015 Brindisi Tax Academy	St. Davids, PA	05/01/2015
Aaron Krauss to Address the Brindisi Tax Academy	St. Davids, PA	05/23/2014
ABA Regional CLE Seminar: Legal Risks Presented by the Rogue Employee	Philadelphia, PA	02/07/2014
Tort Trial & Insurance Practice Section ADR National CLE Forum	Washington, D.C.	04/24/2013
In-House Presentation for Sony Corporation of America: The Pros and Cons of Arbitration	New York, NY	04/15/2013
Deal Documents in Litigation	Philadelphia, PA	02/25/2013
What to Do When Your Client Signs a Contract Referring Disputes to You and Posting on the Internet	Wayne, PA	11/16/2012
What You Should Know Before Becoming a Non-Profit Board Member	Norristown, PA	10/17/2012
Business Divorce	Wayne, PA	06/29/2012
BRINDISI TAX ACADEMY: (HOW NOT TO COMMIT) ACCOUNTING MALPRACTICE	St. Davids, PA	09/23/2011
After Madoff: The Anatomy of a Fraud and Strategies for Recovery	Philadelphia, PA	03/31/2009
Accountants' Malpractice Suits and How to Avoid Them	Radnor, PA	09/19/2008
How to Curb Food Safety Risks and Maximize Business Relationships	Philadelphia, PA	04/02/2008
Dram Shop Liability and Food Liability: What You Drink and What You Eat Can Hurt You	Philadelphia, PA	12/03/2007
2007 Fall Annual Workshop: Enhancement of Chilean Fresh Fruit Trade Operations	Philadelphia, PA	10/26/2007
Can We Talk? Noncompetes, Trade Secrets And Golden HandcuffsAccountants' Malpractice Suits and How to Avoid Them	Chicago, IL	08/03/2001
Law of Electronic Commerce	Philadelphia, PA	11/02/2000
Identifying Risk Exposure by Effectively Analyzing A Stop Loss Contract	Philadelphia, PA	01/31/1997