Cozen O’Connor: Wilkinson, Thomas G.

Thomas G. Wilkinson, Jr.

Member

Philadelphia

(215) 665-3737

(215) 701-2437

Thomas will be speaking at an upcoming event:

Pennsylvania Bar Institute

Philadelphia, PA 11/22/2019

Thomas Wilkinson will be co-presenting an ethics CLE program for Business Litigators at the PBI Business Law Institute on November 22.

Event Details 

Thomas G. Wilkinson concentrates his practice in the areas of business litigation, business torts, appellate, complex insurance coverage and professional responsibility matters. He also has substantial experience in advising lawyers and law firms on risk management and professional liability issues. He has been retained and accepted as an expert witness in attorney professional liability cases in state and federal courts, and has been appointed as a neutral mediator and discovery master.

Tom is a frequent lecturer and author on civil litigation and professional responsibility topics. He is the co-editor of the Pennsylvania Ethics Handbook, a comprehensive review of the rules of conduct governing lawyers, with extensive citations to case decisions and ethics opinions addressing all aspects of lawyer-client relationship. He is co-author (with Cozen O’Connor attorney Dan Harrington) of the chapter on "Conflicts of Interest" in the Pennsylvania  Ethics Handbook.  Tom has testified as an expert witness in state and federal proceedings concerning lawyer professional liability, standard of care and professional responsibility matters.

Tom is a past president of the Pennsylvania Bar Association (PBA), and a past president of the Pennsylvania Bar Institute. He is a master of the Villanova Law J. Willard O'Brien American Inn of Court and has been a lecturer in law on professional responsibility at Villanova University School of Law.  He is a member of the American Bar Association’s House of Delegates and has been appointed by the ABA President to serve a three-year term on the ABA Standing Committee on Professionalism.  He also has served on the ABA Task Force on International Trade in Legal Services and as co-chair of the conflicts of interest subcommittee for the Section of Litigation's Ethics and Professionalism Committee.  Tom is a past member of the Philadelphia Bar Association Board of Governors and past co-chair of its State Civil Litigation Section and Rules and Procedure Committee. He is also the chair of the Defense Research Institute Lawyer's Professionalism and Ethics Committee.  He is a frequent author and lecturer on civil litigation and professional responsibility topics.

He is a Phi Beta Kappa graduate of the University of New Hampshire in 1978 and received his law degree in 1981 from Villanova University Law School, where he was managing editor of the Villanova Law Review.

Experience

News

Thomas Wilkinson named Chair of the Defense Research Institute Lawyers' Professionalism and Ethics Committee

September 16, 2019

The appointment is for a one-year term and is effective at the conclusion of the DRI 2019 Annual Meeting in New Orleans October 16-19.

64 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 21, 2019

Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.

Fifty-four Cozen O’Connor Attorneys Named 2018 Pennsylvania Super Lawyers and Rising Stars

June 12, 2018

Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.

Monetary Offer for Witness Testimony Triggers Suspension

April 13, 2018

Thomas Wilkinson, a member in the firm's Commercial Litigation Department, was quoted in American Bar Association's Litigation News's article, "Monetary Offer for Witness Testimony Triggers Suspension."

Virtual Law Offices Create Ethical Concerns

December 27, 2017

Tom Wilkinson, a member of Cozen O'Connor's Commercial Litigation Department, was quoted in the ABA Litigation News article, "Virtual Law Offices Create Ethical Concerns."

Nonlawyer Gets Chance to Enforce Alleged Legal Fee-Split Pact

December 22, 2017

Thomas Wilkinson, a member of Cozen O'Connor's Commercial Litigation Department, was quoted in the article, "Nonlawyer Gets Chance to Enforce Alleged Legal Fee-Split Pact," for ABA BNA Lawyers' Manual on Professional Conduct.

Paterno Ruling Highlights Broad Pa Work Product Protections

July 28, 2017

Tom Wilkinson, a member of Cozen O'Connor's Commercial Litigation department, discusses a Pennsylvania appeals court's decision from a suit stemming from Penn State University's internal probe of the Jerry Sandusky sex abuse scandal

Smoke Point: How BigLaw Finally Learned to Try Pot

December 19, 2016

Tom Wilkinson, a member of Cozen O'Connor's Commercial Litigation department, discusses how Big Law is becoming more involved with cannabis legislation in Law360.

Harassment and Discrimination Now Violate ABA Model Ethics Rules

December 06, 2016

Tom Wilkinson, a member of Cozen O'Connor's Commercial Litigation department, discusses how harassment and discrimination now violate ABA model ethics rules in the ABA Litigation News.

Thomas Wilkinson Discusses the Appearance of Impropriety Doctrine in the ABA Litigation News

August 17, 2015

Thomas Wilkinson discusses the appearance of impropriety doctrine for assessing attorney conflicts of interest.

Tom Wilkinson Discusses Protracted Civil Cases in TribLIVE

July 11, 2015

Tom Wilkinson discusses protracted civil cases and how they are the exception to the rule today in Pennsylvania’s civil courts.

Thomas Wilkinson Discusses the U.S. Court of Appeals for the Seventh Circuit's Scathing Rebuke of Class Counsel in ABA Litigation News

September 10, 2014

In an article titled, ''Seventh Circuit Rejects ‘Scandalous’ Settlement,'' Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, discusses the U.S. Court of Appeals for the 7th Circuit's scathing rebuke of class counsel in an opinion reversing the approval of the settlement in Eubank v. Pella. Referring to the case as ''eight largely wasted years,'' to the settlement as ''scandalous,'' and to the terms as ''[selling] out the class,'' Judge Posner’s opinion dealt harshly with class counsel. Tom explains the red flags that rose throughout the case and the lessons judges and lawyers can take away from them.

Thomas Wilkinson Discusses Federal Lawsuit Challenging PA Rules Denying Bar Admission to Attorneys in Law360

August 14, 2014

Thomas Wilkinson discusses a federal lawsuit challenging PA rules denying bar admission to attorneys from states lacking reciprocity agreements in Law360.

Thomas G. Wilkinson Discusses Pennsylvania's Adoption of the Bright-Line Rule in The Legal Intelligencer

July 14, 2014

In an article titled "Pa. Adopts Rule Banning Attorney-Expert Discovery," Thomas G. Wilkinson, a member of Cozen O'Connor's Commercial Litigation Department, offers his opinion on Pennsylvania's adoption of the bright-line rule, stating that he is against the bright-line rule because of the concerns over whether improper behavior, no matter how rare, will now be nearly impossible to detect. "If a lawyer had a suspicion that that kind of misconduct was occurring, with this rule change it could be a lot more difficult to uncover that kind of misconduct," said Wilkinson.

Thomas G. Wilkinson Discusses an Unsigned Engagement Letter That Was Deemed Enforceable in Litigation News

October 01, 2013

In an article titled “Unsigned Conflict Waiver Letter Found Enforceable,” Thomas G. Wilkinson, of Cozen O’Connor’s Commercial Litigation Department, discusses an unsigned Asian intellectual property engagement letter that was deemed enforceable by a New York appellate court.

Thomas G. Wilkinson Discusses New York Ethics Rules in Litigation News

September 10, 2013

In an article titled “Lawyers' Duty to Disclose False Evidence May Extend Indefinitely,” Thomas G. Wilkinson, of Cozen O’Connor’s Commercial Litigation Department, discusses New York Ethics Rules regarding the lawyer’s obligation to circumvent his or her duty of confidentiality and disclose a client’s criminal or fraudulent conduct.

Thomas G. Wilkinson Reviews Attorney Obligations in Presenting Client Claims

July 12, 2013

In an article titled, “Attorneys Suspended Nine Months for Influencing Client's Story,” Thomas G. Wilkinson, member in Cozen O’Connor’s Commercial Litigation Department and co-chair of the Conflicts of Interest Subcommittee of the ABA Section of Litigation’s Ethics and Professionalism Committee, examines a recent New York Appellate Division case in which two attorneys received nine-month suspensions after admitting to influencing their client’s version of events.

Thomas G. Wilkinson Quoted in Litigation News

April 23, 2013

In an article titled, "Co-Client Relationship Between Insurer and Insured Not Automatic," Thomas G. Wilkinson of the firm's Commercial Litigation Department discusses the circumstances to which the co-client privilege applies, as well as the implications of the CAMICO Decision.

Cozen O’Connor Member Honored by Villanova Law Alumni Association

March 12, 2013

Thomas Wilkinson, along with his wife Kathleen, will receive the Gerald Abraham Award for Service to Villanova University School of Law at the Villanova Law Alumni Association's annual Alumni Reception and Awards Program on March 21 at the National Constitution Center.

Thomas G. Wilkinson, Jr. Named Co-Chair of Pennsylvania Bar Association Task Force

November 03, 2010

Thomas G. Wilkinson, Jr., a member in the firm’s Philadelphia office, was appointed to the Pennsylvania Bar Association’s task force on the Interbranch Commission on Juvenile Justice Report.

Third Circuit Rules Hazleton Immigration Ordinances Unconstitutional - Team from Cozen O’Connor Assists ACLU in This Victory

September 09, 2010

The Legal Intelligencer reported that the U.S. Court of Appeals for the 3rd Circuit struck down a set of immigration ordinances passed in Hazleton, Pa., in its ruling in Lozano v. City of Hazleton. According to the article, the three-judge panel ruled unanimously that the ordinances conflict with federal immigration laws and therefore are barred by the Supremacy Clause.

Thomas G. Wilkinson, Jr Quoted in Law Bulletin

August 13, 2010

Thomas G. Wilkinson, Jr., a member of Cozen O'Connor's Philadelphia office, was quoted in a recent article in the Law Bulletin about a resolution being voted on by the American Bar Association this week. The resolution calls for judges to use new terms that distinguish between prosecutors committing an error and prosecutors wrongdoing, replacing the general term ''prosecutorial misconduct.'' The article describes the reasoning behind the arguments for and against the resolution.

Cozen O’Connor Attorney Thomas G. Wilkinson Speaks at ABA Advanced Mediation and Advocacy Skills Institute

October 23, 2009

Cozen O'Connor member Thomas G. Wilkinson recently served as a panelist for ''Breaking Impasse in Mediation'' at the American Bar Association's (ABA) 7th Annual Advanced Mediation and Advocacy Skills Institute. Tom and other panelists presented practice pointers on how to avoid impasse in mediating difficult cases. The Advanced Mediation and Advocacy Skills Institute is a comprehensive program for mediators, litigators, judges and in-house counsel that utilizes faculty to present the latest research, best practices, new approaches and core competencies in the field.

Cozen O’Connor Attorneys Named 2009 Pennsylvania Super Lawyers By Law & Politics

May 28, 2009

Cozen O’Connor is proud to announce that 52 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2009 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2009 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Cozen O’Connor Attorneys Named To 2008 Pro Bono Honor Roll By First Judicial District Of Pennsylvania

February 04, 2009

Twenty-one attorneys in Cozen O’Connor’s Philadelphia office have been named to the 2008 Pro Bono Roll of Honor of the First Judicial District (FJD) of Pennsylvania.

Cozen O’Connor Attorneys Participate In PBI Divorce Law Course

December 17, 2008

Cozen O'Connor members Jennifer A. Brandt and Thomas G. Wilkinson recently participated in the Pennsylvania Bar Institute's course ''Dealing with Dirty Tricks in Divorce,'' which was presented in Philadelphia, Mechanicsburg and Pittsburgh. Jennifer served as the course planner and moderator and Tom was a panelist in Philadelphia. The course was designed to assist family law practitioners when they are faced with dirty tricks in the areas of finance and reputation, and in divorce proceedings in general.

Cozen O’Connor Member Thomas G. Wilkinson Lectures On Ethics For Local Organizations

November 13, 2008

Cozen O'Connor member Thomas G. Wilkinson recently presented two seminars on topical legal ethics issues. First, he spoke on ''Ethical Considerations for Township Solicitors'' for the Pennsylvania State Association of Township Supervisors in Hershey, Penn. Second, he discussed ''Confidentiality in the Insurance Defense Context'' for the Philadelphia Association of Defense Counsel.

Cozen O’Connor And Firm Member Thomas G. Wilkinson Honored By Friends Of Farmworkers

June 25, 2008

The law firm of Cozen O'Connor and member Thomas G. Wilkinson have been honored by the Friends of Farmworkers for their outstanding pro bono service. Tom was honored for his ''tireless pro bono service,'' including his role as lead counsel in the federal court challenge to the City of Hazleton's immigration ordinances. The firm was honored for ''its commitment to public service,'' demonstrated by their substantial support of those involved in enjoining the ordinances, including firm members Linda Kaiser Conley, Thomas B. Fiddler, Elena Park, Ilan Rosenberg and Doreen Trujillo. The awards were presented at the Friends of Farmworkers 2008 Reception, held at the Moore College of Art in Philadelphia.

Cozen O’Connor Attorney Thomas G. Wilkinson Elected President Of Pennsylvania Bar Institute

June 18, 2008

Cozen O'Connor member Thomas G. Wilkinson has been elected President of the Pennsylvania Bar Institute (PBI). The PBI is an educational arm of the Pennsylvania Bar Association and the largest non-profit provider of continuing legal education in the state. It is a non-profit organization that aims to provide Pennsylvania lawyers with information that is timely, practical, cost effective and of the highest possible quality.

Cozen O’Connor Attorneys Named Pennsylvania Super Lawyers By Law & Politics

May 29, 2008

Cozen O’Connor is proud to announce that 42 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2008 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2008 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Cozen O’Connor Attorney Thomas G. Wilkinson Speaks at Arbitration Symposium

May 08, 2008

Cozen O'Connor member Thomas G. Wilkinson recently lectured on ''Current Ethical Concerns for Arbitrators and Practitioners'' at the Federal Mediation and Conciliation Service's (FMCS) 29th Arbitration Symposium. The event, co-sponsored by the Pennsylvania Montgomery County Labor-Management Committee, was held in Atlantic City, N.J. The FMCS Arbitration Symposium is an opportunity for members of the labor-management community and practicing arbitrators to discuss the issues they face, exchange ideas and review recent developments in labor and employment arbitration. The presenters this year included attorneys, academics, and members of the National Academy of Arbitrators.

Cozen O’Connor Presents 2008 Professional Liability Coverage Seminar

May 06, 2008

Cozen O'Connor recently presented its 2008 Professional Liability Coverage Seminar. The seminar was comprised of a series of lectures on professional liability topics by firm attorneys.

Cozen O’Connor Names Its 2007 Pro Bono Honor Roll

April 08, 2008

Cozen O’Connor has announced that 61 attorneys and 8 paralegals have been named to the firm’s 2007 Pro Bono Honor Roll.

Cozen O’Connor Honored With 2008 National Law Journal Pro Bono Award

January 10, 2008

Cozen O'Connor has been honored with a 2008 Pro Bono Award from The National Law Journal (NLJ). Each year, the NLJ recognizes the lawyers and law firms that have worked to ensure that legal rights are not contingent on an individual's ability to pay for an attorney. The award committee looks for the firms and individuals who made the biggest commitments, both in time and in money on behalf of pro bono clients. Cozen O'Connor was recognized for the firm's work as lead private counsel in the Hazleton, Pa., immigration case that captured national attention last year.

Cozen O’Connor Attorney Thomas G. Wilkinson Named Co-Chair of State Civil Litigation Section of Philadelphia Bar Association

January 07, 2008

Thomas G. Wilkinson of Cozen O'Connor has been named co-chair of the State Civil Litigation Section of the Philadelphia Bar Association. The section's purpose is to advance the development and study of the law by suggesting improvements in applicable laws, practices and procedures. A member in the firm's Philadelphia office, Tom is a member of the Commercial Litigation Department. He concentrates his practice in business litigation, business torts, complex insurance coverage and professional responsibility matters. He is a frequent lecturer and author on civil litigation and professional responsibility topics and is the co-editor of the Pennsylvania Ethics Handbook, a comprehensive review of the rules of conduct governing lawyers, with extensive citations to case decisions and ethics opinions addressing all aspects of lawyer-client relationships.

Publications

Tech Ethics Challenges for Family Lawyers [Family Advocate]

January 30, 2019

Tom Wilkinson co-authored an article on how Family lawyers face some special challenges because they deal with not only office technology but also the ethical concerns created by clients who neither know nor care about rules governing their lawyers' conduct.

The Supreme Court of Pennsylvania: Life and Law in the Commonwealth, 1684–2017

March 28, 2018

Thomas Wilkinson, a member of Cozen O'Connor's Commercial Litigation Department, co-authored two chapters in the book, The Supreme Court of Pennsylvania: Life and Law in the Commonwealth 1684-2017.

Federal Judge to Rule on “Fundamental Clash” Between PA’s Medical Marijuana Act and Federal Law [Cannabis Alert]

March 15, 2018

Thomas G. Wilkinson and Thomas M. O’Rourke discuss a case pending in the Eastern District of Pennsylvania that could seriously undermine the ability of medical marijuana businesses to operate.

Lawsuit Seeks to Shut Down Pennsylvania’s Medical Marijuana Program Before It Even Sets Up Shop [Cannabis Alert]

December 06, 2017

Tom Wilkinson discusses Keystone ReLeaf's request for an injunction against the state’s medical marijuana program after it was denied one of 12 coveted grower/processor permits granted by the Pennsylvania Department of Health.

Seeing is not Necessarily Believing: Taking a Second Look at Eye Witness Evidence [The Pennsylvania Lawyer]

May 01, 2017

Thomas Wilkinson and Harper Seldin, of Cozen O'Connor, discuss the issues with eyewitness identification and the effects of misidentification in cases.

Privilege Protects Party’s Notes Taken at Direction of Counsel and Communications With Mental Health Treatment Team Member Supervised by Psychotherapist [Civil Litigation Update]

April 03, 2017

Thomas Wilkinson and Isaac Binkovitz of Cozen O'Connor's Commercial Litigation department, discuss mental health treatment communications and Farrell v. Regola, in the Pennsylvania Bar Associations Civil Litigation Update.

Superior Court Vacates Contempt and Money Sanctions Against Medmal Defense Attorney [Civil Litigation UPDATE]

October 31, 2016

Tom Wilkinson and Leigh Ann Benson, both members of Cozen O'Connor's Commercial Litigation department, discuss this case in the Pennsylvania Bar Associations Civil Litigation Update.

Pennsylvania’s New Medical Marijuana Law: The Legal Roadmap For A Growing Industry [Pennsylvania Bar Association]

October 18, 2016

Tom Wilkinson, a member of Cozen O'Connor's Commercial Litigation department, discusses Pennsylvania's new medical marijuana law in the Pennsylvania Bar Association.

First Amendment Under Arrest: Photographing Police in Public Places at Issue on Multiple Fronts [Villanova Law Review]

July 17, 2016

Tom Wilkinson and Matthew Glazer, both members of Cozen O'Connor's Commercial Litigation department, discuss photographing police in public places in the Villanova Law Review.

Wiretap Act Prosecutions of Defense Attorneys [Villanova Law Review]

February 25, 2016

Thomas Wilkinson and Joshua Ruby, both members of Cozen O'Connor's Commercial Litigation department, discuss wiretap act prosecutions of defense attorneys.

When Does Aggressive Advocacy Expose Lawyers to Potential Defamation Liability: Navigating the Bounds of Judicial Immunity [DRI: Professionalism Perspectives]

April 10, 2015

Thomas Wilkinson and Alexa Sebia explain how aggressive advocacy outside the confines of the courthouse may trigger potential defamation exposure for lawyers and their clients, even for lawyers who simply circulate filed pleadings to reporters or accurately summarize them via social media.

A Ticket to Sue – Pennsylvania’s Registration Requirement for Foreign Business Entities [Lexology]

April 01, 2015

In an article titled “A Ticket to Sue – Pennsylvania’s Registration Requirement for Foreign Business Entities,” Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Thomas O’Rourke, an associate in the Commercial Litigation Department, discuss the new registration regime for foreign businesses that will come into effect on July 1, 2015. Under the new requirements, foreign businesses that are “doing business” in Pennsylvania without proper authorization will still be without legal capacity to sue in Pennsylvania. It will remain critical, therefore, for each foreign business to ensure that it is properly registered, if necessary, before seeking recovery in Pennsylvania.

Courts Clarify Scope of Privilege for Internal Corporate Investigations [DRI: Professionalism Perspectives]

March 04, 2015

In an article titled “Courts Clarify Scope of Privilege for Internal Corporate Investigations,” Thomas Wilkinson and Tamar Wise, members of Cozen O’Connor’s Commercial Litigation Department, discuss a wave of recent cases which have clarified the scope of the attorney-client and work-product privileges in the context of internal corporate investigations.

Court Rejects Attorney-Client Privilege in Employment Discrimination Case [DRI: Professionalism Perspectives]

February 26, 2015

In an article titled "Court Rejects Attorney-Client Privilege in Employment Discrimination Case,’’ Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Alexa Sebia, an associate in the Commercial Litigation Department, discuss a Pennsylvania federal judge’s rejection of a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee.

Judicial Conference Further Amends Proposed Discovery Rule Changes in Response to Extensive Comments [PBA Federal Practice Committee October Newsletter]

October 30, 2014

In an article titled “Judicial Conference Further Amends Proposed Discovery Rule Changes in Response to Extensive Comments,” Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Joshua Ruby, an associate in the Commercial Litigation Department, discuss the Judicial Conference Committee on Rules of Practice and Procedure’s (Standing Committee) amendments to the Federal Rules of Civil Procedure. Absent changes imposed by the Supreme Court and Congress, the new rules will go into effect on December 1, 2015. Although not as expansive as the draft amendments proposed last year, the proposals substantially revise the Rules governing discovery practice in the federal courts.

Pennsylvania Supreme Court Considers Whether Social Science Is 'Common Sense' or a Tool to Correct Juror Misconceptions [Civil Litigation Update]

September 19, 2014

In an article titled ''Pennsylvania Supreme Court Considers Whether Social Science is ‘Common Sense’ or a Tool to Correct Juror Misconceptions,'' Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Thomas O’Rourke, an associate in the Commercial Litigation Department, discuss two recent Pennsylvania Supreme Court decisions regarding the use of social science experts in criminal cases.

Psychology in the Courtroom - Is Social Science "Common Sense" or a Tool to Correct Juror Misconceptions? [Lexology]

July 09, 2014

The Pennsylvania Supreme Court recently issued two decisions regarding the use of social science experts in criminal cases. As noted by University of Pittsburgh law professor David Harris, however, the opinions appear to “come from two different worlds.”

Drawing a Bright-line Rule on Discovery of Attorney-Expert Communications: Should All Work Product be Off Limits? [Civil Litigation Update]

December 01, 2013

Consider the following scenario: You have been retained in a personal injury case and your opponent has hired a medical expert to testify at trial. In response to a discovery request seeking materials from the expert’s file, your opponent turns over certain documents but withholds “letters and emails” exchanged with the expert. The basis for this nondisclosure is that the correspondence is protected “attorney work product.”

Mind the Gap: Taking Steps to Bridge the Gap in Access to Civil Legal Services [The Pennsylvania Lawyer]

November 21, 2013

Every year millions of Americans attempt to navigate the legal system without the assistance of a lawyer. For a growing number of citizens, private counsel is unaffordable, free legal services are unavailable and they are forced to represent themselves in civil cases. In fact, each year less than 20 percent of low-income individuals with civil legal problems obtain legal assistance. Yet these legal issues involve the most basic rights that lawyers are sworn to protect, including cases involving but not limited to housing, health care, child custody and protection from abuse.

Narrowing the Scope of Federal Discovery: The Proposed Amendments to the Federal Rules of Civil Procedure [Pennsylvania Bar Association Federal Practice Committee Newsletter]

November 15, 2013

According to some estimates, discovery costs account for between 50 and 90 percent of total litigation costs. Discovery also represents one of the major causes of delay and congestion in the judicial system. Indeed, in many ways, “[discovery] has become the focal point of litigation instead of means to an end.”

Judges and Social Media [Pennsylvania Bar Association Civil Litigation Update]

October 15, 2013

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 462 – “Judge’s Use of Electronic Social Networking Media.” The Committee stated that while electronic social media (ESM) can be beneficial, its use raises concerns under the ABA Model Code of Judicial Conduct.

Encouraging Attorney Civility During Depositions: The Enduring Impact of Hall v. Clifton Precision [The Pennsylvania Bar Association Quarterly]

August 26, 2013

Litigation is, by its very nature, adversarial. That, of course, has not stopped the vast majority of the nation's best lawyers from lawyering in a civil manner. While riding the circuit, Abraham Lincoln - who was America's longest practicing lawyer to become President - frequently pursued opportunities for settlement or mediation, recognizing that it was often more productive for his clients to approach their opponents with professionalism and open-mindedness, and that such an approach could strengthen the lawyer's reputation and that of his or her profession. With much of the attention these days focused on the country's sixteenth President as such, there still endures the wisdom of the country lawyer who once admonished his colleagues that "[a]s a peacemaker the lawyer has a superior opportunity of proclivity for conflict, personal insecurity, poor listening skills, [or] the inability to reason, discuss, and argue well."

Are Attorney Communications With Non-Reporting Experts Discoverable? The Answer May Depend on Who You Talk To [Civil Litigation Update]

May 01, 2013

It may be surprising to hear that there are two categories of expert witnesses under the Federal Rules of Civil Procedure, and that the scope of discovery available from each is different. Indeed, before 2010, the federal rules addressed only a single class of expert witnesses: experts who were required to produce a written report.

Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure [PBA Civil Litigation Section Newsletter]

December 01, 2011

Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure - PBA Civil Litigation Section Newsletter -

Trial Court Orders Overruling Privilege Claims Still Immediately Appealable [PBA Civil Litigation Newsletter]

December 01, 2011

Trial Court Orders Overruling Privilege Claims Still Immediately Appealable - PBA Civil Litigation Newsletter -

New York Court Rules Firm Not Liable for Issuing Legal Opinion Letter in Fraudulent Dreier DealNewsletter [ABA Section of Litigation Ethics & Professionalism Newsletter]

December 01, 2011

New York Court Rules Firm Not Liable for Issuing Legal Opinion Letter in Fraudulent Dreier DealNewsletter - ABA Section of Litigation Ethics & Professionalism Newsletter -

District Court Disqualifies Counsel After Party-Appointed Arbitrator Discloses Panel [ABA Litigation News]

November 01, 2011

District Court Disqualifies Counsel After Party-Appointed Arbitrator Discloses Panel - ABA Litigation News -

Accused of Bias, Judge Recuses Himself from 17 Ongoing Cases [ABA Section of Litigation Ethics & Professionalism Newsletter]

October 01, 2011

Accused of Bias, Judge Recuses Himself from 17 Ongoing Cases - ABA Section of Litigation Ethics & Professionalism Newsletter -

Pennsylvania Favors Liberal Discovery of Social Media Activity [Social Media Employment Law Blog]

August 26, 2011

In a recent decision, a Pennsylvania trial court concluded that no privilege exists to prevent access to non-public social website information of personal injury claimants. Rather, the "paramount ideal" of pursuing truth favors liberal discovery of relevant information on social media sites.

Using Social Media to Track Juror's Online Postings [From the Sidebar]

August 08, 2011

Just as lawyers now routinely conduct due diligence on opposing parties' social media pages, some lawyers also are monitoring postings by jurors on social media sites.

Ethical Vignettes [Personal Injury Potpourri]

April 01, 2011

Ethical Vignettes - Personal Injury Potpourri -

Pennsylvania's Attorney-Client Privilege is Revived and Well: The Pennsylvania Supreme Court's Decision in Gillard v. AIG Ins. Co. [Commercial Litigation Alert!]

March 01, 2011

On February 23, 2001, the Pennsylvania Supreme Court held that Pennsylvania's attorney-client privilege operates as a ''two-way street'' and protects confidential communications from client-to-attorney as well as communications from attorney-to-client. See Gillard v. AIG Ins. Co., No. 10 EAP 2010 (Pa. Feb. 23, 2011). The Court's decision marks the end of lingering uncertainty that has existed in Pennsylvania regarding the scope of attorney-client privilege - uncertainty that was sharply brought into focus by the Pennsylvania Superior Court's May 2007 decision in Nationwide Mut. Ins. Co. v. Fleming, 924 A.2d 1259 (Pa. Super. Ct. 2007). There, the Superior Court construed the Pennsylvania privilege statute narrowly and held that only communications from client-to-attorney (and not attorney-to-client) were privileged.

Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure [PBA Civil Litigation Section Newsletter]

January 01, 2011

Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure - PBA Civil Litigation Section Newsletter - Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure

Alive and Well: The Philadelphia Lawyer Upholds A Tradition of Representing Unpopular Clients [The Philadelphia Lawyer]

November 01, 2008

The cover of a recent issue of Philadelphia magazine featured a dear departed lawyer in a casket, his arm still clutching a briefcase, with the headline ''Who Killed the Philadelphia Lawyer?'' The story posed the question whether ''the quaint notion'' of the Philadelphia lawyer is dead. To the contrary, while a number of local firms seem to be sprouting offices around the globe, they are also heavily involved in both high-and-low-profile pro bono representation in the greater Philadelphia area and beyond.

Arbitration Clauses Do Not Apply To Disputes Arising Out Of Related Contracts [Commercial Disputes Observer]

January 01, 2008

In U.S. Small Business Administration v. Chimicles, 447 F.3d 207 (3d Cir. 2006), the United States Court of Appeals for the Third Circuit held that an arbitration clause contained in one contract does not apply to a dispute arising out of a related contract, even if the second contract explicitly refers to the first.

Summer 2007 [Commercial Disputes Observer]

August 01, 2007

Summer 2007 - Commercial Disputes Observer -

2006 E-Discovery Seminar - New York (Marriott Financial Center) [E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared?]

November 14, 2006

2006 E-Discovery Seminar - New York (Marriott Financial Center) - E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared? - Accompanying seminar program book from the E-Discovery Seminar of 1/25/2007 at the New York Marriott Financial Center, Manhattan.

Events & Seminars

Upcoming Events

Pennsylvania Bar Institute

November 22, 2019 - Philadelphia, PA

Thomas Wilkinson will be co-presenting an ethics CLE program for Business Litigators at the PBI Business Law Institute on November 22.

Past Events

Lateral Employee Hiring and Separation

August 27, 2019 - WEBINAR

Emerging Issues in Civil Litigation

May 05, 2019 - Baltimore, MD

Bench-Bar Conference: Family Law Ethics

April 17, 2019 - Reading, PA

A Lawyer’s Ethical Obligations in a World of Technology

November 14, 2017 - Philadelphia, PA

PBI Public Utility Law Conference

May 31, 2017 - Harrisburg, PA

Pennsylvania Bar Association Midyear Meeting 2017

January 26, 2017 - Saint Kitts and Nevis

20th Annual National Institute on Class Actions

October 20, 2016 - Las Vegas, NV

National Conference of Bar Presidents 2016 Annual Meeting

August 04, 2016 - San Francisco, CA

PBI 22nd Annual Health Law Institute

March 15, 2016 - Philadelphia, PA

PBI Solo & Small Firm Conference 2015

July 23, 2015 - Bedford, PA

Pennsylvania Bar Association 2015 Midyear Meeting

January 28, 2015 - Montego Bay, Jamaica

2014 Ethics & Compliance CLE Institute

December 04, 2014 - Philadelphia, PA

PBA Solo and Small Firm Conference

July 24, 2014 - Bedford, PA

PBI Ethics Potpourri

April 24, 2014 - Philadelphia, PA

PBA Civil Litigation Section Retreat

April 11, 2014 - Bedford, PA

Battle as Adversaries, Not Enemies

February 26, 2014 - State College, PA

2013 Bench-Bar & Annual Conference

October 04, 2013 - Atlantic City, NJ

Civics and Law Academy

May 01, 2013 - King of Prussia, PA

Controlling Speech in 2013: Money, Politics and Power

April 08, 2013 - Philadelphia, PA

National Judicial College 50th Anniversary Symposia

April 07, 2013 - Philadelphia, PA

The Pike County Bench Bar Conference

March 22, 2013 - Milford, PA

47th Annual Seminar of the Conference of County Bar Leaders

February 21, 2013 - State College, PA

PBA Family Law Section Winter Meeting

January 18, 2013 - Pittsburgh, PA

Villanova Law PA Bar Recognition Ceremony

November 29, 2012 - Philadelphia, PA

PBA House of Delegates Meeting

November 16, 2012 - Harrisburg, PA

William A. Schnader Print Media Awards

November 09, 2012 - Scranton, PA

PBA Commission on Women in the Profession Retreat

November 02, 2012 - Hershey, PA

PBA Diversity Summit

October 26, 2012 - Pittsburgh, PA

Berks County Bar Association Annual Dinner

October 25, 2012 - Reading, PA

Mid-Atlantic Bar Conference

October 20, 2012 - Philadelphia, PA

ABA Section of Family Law Fall CLE Conference

October 10, 2012 - Philadelphia, PA

PBA Campaign on Child Abuse Reporting

October 01, 2012 - Harrisburg, PA

Monroe County Bench Bar Conference

September 23, 2012 - Smithfield, PA

Celebrate the Constitution Program

September 17, 2012 - Exton, PA

Developing Your Legal Career

August 20, 2012 - Villanova, PA

Solo & Small Firm Conference

July 17, 2012 - Bedford, PA

PBA Family Law Section Summer Meeting

July 12, 2012 - Hershey, PA

Villanova Law Pennsylvania Bar Recognition Ceremony

December 07, 2011 - Philadelphia, PA

Pennsylvania Bar Association Diversity Summit

October 27, 2011 - Harrisburg, PA

Hot Topics For Philadelphia Area In-house Attorneys

October 25, 2011 - Philadelphia, PA

Errant Judges and Lawyers: What to Do?

June 16, 2011 - Mechanicsburg, PA

13th Annual Personal Injury Potpourri

April 07, 2011 - Philadelphia, PA

Pennsylvania Bar Association: Midyear Meeting 2011

February 02, 2011 - Key West, FL

2008 Professional Liability Coverage Seminar

April 24, 2008 - New York, NY

The Case Against The Hazleton Anti-Immigrant Ordinance

September 19, 2007 - Philadelphia, PA

E-Discovery Seminar

November 14, 2006 - New York, NY

Education

  • Villanova University School of Law, J.D., 1981
  • University of New Hampshire, B.A., 1978

Awards & Honors

  • Irish Legal 100, 2016-2019
  • Villanova Law J. Clayton Undercofler Award 2013
  • Legal Division Tribute Recipient, State of Israel Bonds 2013
  • Villanova Law Alumni Association Gerald Abraham Award for Service to Villanova University School of Law 2013
  • Friends of Farmworkers 2009
  • Pro Bono Honor Roll of the First Judicial District of Pennsylvania 2007-2008
  • National Law Journal Pro Bono Award 2008
  • Pennsylvania Bar Association Special Achievement Award 2003, 2007
  • Pennsylvania Bar Association President's Award 2000, 2002, 2011
  • Pennsylvania Super Lawyer 2004-2019
  • Pennsylvania Trailblazer 2019 by the Legal Intelligencer
  • Massachusetts
  • Pennsylvania
  • Pennsylvania Supreme Court
  • Supreme Judicial Court of Massachusetts
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. Supreme Court
  • American Bar Association
  • Association of Professional Responsibility Lawyers
  • Chair of the Defense Research Institute Lawyers' Professionalism and Ethics Committee
  • Montgomery Bar Association
  • Pennsylvania Bar Association
  • Pennsylvania Bar Institute
  • Philadelphia Bar Association
  • Eastern District Historical Society
  • Bar Association of the Third Federal Circuit