Aaron Krauss

Member

Recent News:

Original Tweets Only: Retweeters Not Liable for Defamation

Josephine Bahn authored the article “Original Tweets Only: Retweeters Not Liable for Defamation” for the American Bar Associate Litigation Section’s website.

Aaron Krauss is a business litigator with more than 30 years of experience representing corporations and individuals in business disputes. He concentrates his practice in the areas of commercial, health, employment, and intellectual property litigation.

A veteran trial lawyer, Aaron has won numerous verdicts in high-stakes litigation in state and federal courts and before arbitration panels. As satisfying as vindication in court may be, Aaron also recognizes that trial victories are pyrrhic at best if the cost is too great in dollars, time, or lost relationships. Aaron is mindful that any specific issue or dispute must be addressed in a way that best advances his client’s broader business goals.

Aaron is a highly respected member of the business litigation bar and has held various leadership roles within the American Bar Association (ABA). He is currently a member of the ABA Book Publishing Board and served previously as chair of the Health Law Committee and vice chair of the Business Torts Committee of the Tort and Insurance Practice Section.

Aaron is the former articles editor of the ABA’s Tort & Insurance Law Journal, former associate editor of the Philadelphia Bar Association’s Handbook of Federal Judicial Practices and Procedures for the Eastern District of Pennsylvania, and wrote/edited An Introduction to Health Law Litigation Based on Contract and Government Claims, published by the ABA’s First Chair Press.

Beyond the law, Aaron is involved with local civic, charitable, and community organizations. He served on the board of directors of Philabundance, an anti-hunger nonprofit, for nearly two decades, including terms as chair, vice chair, and treasurer. He has also held leadership positions with the United Way, Keneseth Israel, Moss Rehabilitation Hospital, and the Abington Band Boosters.

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. His law degree is 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. 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.

Experience

Publications

Litigating Fiduciary Duty Claims [American Bar Association]

March 09, 2022

Jason Domark, Aaron Krauss and Ashley Gomez-Rodon authored chapters of the American Bar Association’s (ABA) latest book.

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.

"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...

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.

Events & Seminars

Past Events

Health Law 2022

December 08, 2021 - Webinar

Health Law 2021

December 07, 2020 - Webinar

Navigating the Zone of Insolvency

October 30, 2020 - Webinar

2019 Brindisi Tax Academy

June 28, 2019 - Wayne, PA

Pennsylvania Bar Institute: Business Owners Disputes

October 26, 2018 - Philadelphia, PA

Education

  • University of Pennsylvania Law School, J.D., magna cum laude, 1991
  • University of Michigan, B.A., magna cum laude, 1988

Awards & Honors

40 Business Leaders Under 40, Philadelphia Business Journal

Lawyers on the Fast Track, The Legal Intelligencer

Pennsylvania Super Lawyers (2009-2022) 

This award is conferred by Super Lawyers. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

  • Pennsylvania
  • New York
  • New Jersey
  • Pennsylvania Supreme Court
  • Supreme Court of New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Eastern District of Michigan
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. District Court -- Western District of Pennsylvania
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York
  • New York Court of Appeals
  • U.S. Court of Appeals for the Eleventh Circuit

Honorable Edward N. Cahn, U.S. District Court - Eastern District of Pennsylvania

  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association