MacMain Leinhauser PC is honored to announce that David J. MacMain, Esq. and Brian H. Leinhauser, Esq. have been named to the 2023 Pennsylvania Super Lawyers list. Managing Partner David J. MacMain, Esq. has concentrated his practice on the defense and legal counseling of public entities, public officials, and educational institutions in various civil rights, tort, and employment claims for over 30 years. He provides defense and legal guidance to clients in cases alleging police misconduct, zoning and land use, sexual harassment, discrimination, hazing, licensing, First Amendment, prison-based, employment, and workplace claims. He also serves as Solicitor to the Chester County Sheriff’s Office and West Chester Borough Civil Service Commission, and counsels and advises law enforcement agencies and correctional facilities on various issues, including policies and operations. David has defended claims all over the country as lead or oversight counsel, has successfully tried over 150 jury trials to verdict, and is a frequent speaker both locally and nationally on civil rights, law enforcement, corrections, employment, trial skills, and law practice management. David is a member of DRI, FDCC and ADTA, and is rated AV Preeminent 5.0 out of 5.0 by Martindale-Hubbell. David was first selected to the Super Lawyers list in 2004, and he has been selected each year since 2006. Partner Brian H. Leinhauser, Esq. focuses his practice on labor and employment matters, school law, civil rights, business advising, non-profit formation and representation, and general litigation matters. His employment law experience includes representing public and private entities, both as insurance defense counsel and privately retained, in labor relations, collective bargaining negations, employment discrimination claims, internal investigations, general litigation matters, and more. Brian skillfully represents clients in defense of discrimination and harassment cases, administrative agency complaints filed with state and federal agencies, employment contract disputes, employee benefits litigation, heart and lung issues, Wage Payment Collection Act disputes, and FLSA collective actions. Additionally, has spoken at several conferences and seminars on best employment practices, sexual tort litigation involving schools and non-profit entities, and has assisted in disciplinary investigations and Title IX and VII enforcement and special education matters. Brian has been selected to the Super Lawyers list each year since 2017. Super Lawyers uses a vigorous multi-phase selection process that involves peer recognition, professional achievements, and independent research. Lawyers are evaluated on courtroom performance, pro bono work, and other professional honors. Each selected attorney is nominated by their peers. MacMain Leinhauser PC is the “go to” firm for civil rights and tort matters, labor and employment issues, school law, and general operational issues. We also represent law enforcement agencies, local governments, and counsel public authorities, schools, small businesses, and professionals in litigation matters. To learn more, call 484-318-7106 or contact us online. Located in West Chester, Pennsylvania, we serve clients throughout the state.

The law firm of MacMain Leinhauser is pleased to announce the selection of five of its lawyers to the 2022 Pennsylvania Super Lawyers and Rising Stars lists. They have demonstrated commitment and hard work in their respective practice areas and the results show with this recognition. David J. MacMain, Brian H. Leinhauser, Matthew J. Connell, and Janelle E. Fulton were all selected to the Super Lawyers list while Brian C. Conley was named to the Rising Stars list. David J. MacMain, a managing partner at the firm, is a civil rights lawyer who has been selected to the Super Lawyers list 18 times out of the past 19 years. Along with civil rights, his other practice areas include labor and employment, professional liability, education law, appellate, and representing religious entities and non-profits. Having earned his Juris Doctor from the Temple University School of Law, he is admitted to practice in the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the United States Supreme Court, the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the Second Circuit, the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the Middle District of Pennsylvania, the United States District Court for the Western District of Pennsylvania, the United States District Court for the Eastern District of Michigan, and the United States District Court for the Eastern District of Wisconsin. David is a member of the Pennsylvania Bar Association, the American Bar Association, the Defense Research Institute, and the Association of Defense Trial Attorneys. Brian H. Leinhauser, a partner at the firm, was selected to the Super Lawyers list for his work in employment and labor law. He has been named to the list every year since 2017 and was selected to the Rising Stars list six years prior to that. He earned his Juris Doctor from Duquesne University School of Law. Brian’s other practice areas include civil rights litigation, charter school law, and business law. He is admitted to practice in the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the United States Supreme Court, the United States Court of Appeals for the Third Circuit, the United States District Court of the Eastern District of Pennsylvania, the United States District Court of the Middle District of Pennsylvania, the United States District Court of the Western District of Pennsylvania, and the United States District Court for the District of New Jersey. His professional affiliations include the Pennsylvania Bar Association, the American Bar Association, and the Defense Research Institute. Matthew J. Connell, a firm partner, has been selected to the Super Lawyers list every year since in 2020 for his work in employment and labor law. He earned his Juris Doctor from Widener University School of Law and practices civil rights, government liability, administrative law, appeals, and professional liability. He is admitted to the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the United States Court of Appeals for the Third Circuit, the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the Middle District of Pennsylvania, and the United States District Court for the District of New Jersey. He is also a member of the Chester County Bar Association, the Delaware County Bar Association, the Pennsylvania Bar Association, the PA Chamber of Commerce, the Defense Research Institute, and the Society of Human Resource Management. Janelle E. Fulton, a partner at the firm and civil rights lawyer, was selected to the Super Lawyers list for a 12^th consecutive time and was named to the Rising Star list three times before as well. She earned her Juris Doctor from Temple University School of Law. Her other practice areas include employment law, appellate law, and professional liability. She is admitted to practice law in Pennsylvania, Florida, the Supreme Court of Pennsylvania, the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the Eighth Circuit, the United States District Court of the Eastern District of Pennsylvania, the United States District Court for the Middle District of Pennsylvania, the United States District Court for the Northern District of Florida, the United States District Court for the Middle District of Florida, the United States District Court for the Southern District of Florida, and the United States District Court for the Western District of Pennsylvania. She is also a member of the Pennsylvania Bar Association, the Florida Bar Association, and the Chester County Bar Association. Brian C. Conley, an attorney at the firm, was selected to the Rising Stars list for a second consecutive year for his work in civil rights law. Brian earned his Juris Doctor from Villanova University School of Law. He is admitted to practice law in Pennsylvania, New Jersey, the Supreme Court of the United States, the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the United States Court of Appeals for the Third Circuit, the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the Middle District of Pennsylvania, and the United States District Court for the Western District of Pennsylvania. Brian has tried cases before federal and state courts along with administrative agencies such as the U.S. Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Relations Commission (PHRC) along with federal and state appellate courts. Super Lawyers and Rising Stars are national lists that recognize the work done by lawyers over 70 different practice areas. Finalists are first nominated by their peers before going through a rigorous selection process that tracks a lawyer’s courtroom record along with their accomplishments outside the courtroom including their school writings and lectures and their education and employment background. Rising Stars uses the same criteria although those candidates must be either 40 years old or younger, or in practice for 10 years or less. MacMain Leinhauser provides representation and counseling of public and private entities in a wide variety of areas including civil rights and tort matters, labor and employment issues, school law and general operational matters. We serve as counsel to law enforcement agencies and local government in the review and preparation of policies and provision of training.  Additionally, the firm provides counseling for public authorities, schools, and small businesses in all manner of issues including employment advice, statutory and regulatory compliance, formation and dissolution, and education law issues. MacMain Leinhauser also represents professionals in litigation matters. Call 484-318-7106 or contact us online today to engage our services.

Brian Leinhauser spoke at the Pennsylvania Coalition of Public Charter Schools (PCPCS) annual conference on October 21.  Mr. Leinhauser addressed issues arising from recent Supreme Court rulings related to student discipline, free speech, Title IX obligations of school entities, and the impact of the recent Supreme Court Rulings administrative and disciplinary policy in public schools.  The PCPCS conference brings Charter Leaders from across the Commonwealth to share best practices and exchange ideas regarding innovation in education and advocacy for Charter Schools and help support one another in serving the more than 170,000 students enrolled in public charter schools in Pennsylvania.  Mr. Leinhauser led a lively discussion of the issues facing schools regarding student rights and the modifications to school policies that are needed to comply with the new laws.

The legal team at MacMain Leinhauser is proud to announce that two new attorneys joined the firm this past August: Christine Einerson and Kelsey Hoffman. Both attorneys share passion for the law and are committed to protecting the rights of their clients. After graduating with honors from Temple University with a Bachelor of Arts in Political Science and Public Relations, Christine Einerson worked at a law firm in Manhattan that focused on class-action lawsuits and then at the Manhattan District Attorney’s office. While at the District Attorney’s office, Christine worked in the Cybercrime and Identity Theft Bureau office and enrolled in Brooklyn Law School as a night school student, obtaining her Juris Doctorate in 2018. Upon graduation, Christine was appointed as an assistant district attorney in Philadelphia, working on successful misdemeanor and felony prosecutions. Christine joined MacMain Leinhauser in August of 2021. Kelsey Hoffman graduated in 2016 from West Chester University of Pennsylvania with a Bachelor of Arts in American History and Political Science and an Associate Degree in American Studies. Following graduation, Kelsey studied law at Drexel University Thomas R. Kline School of Law, where she obtained her Juris Doctorate in 2019. While at Drexel University, Kelsey worked pro bono for the Marshall-Brennan Constitutional Literacy Project, was elected as Vice President of the Women in Law Society and held a summer clerkship at the Chester County Court of Common Pleas. Following graduation from law school, Kelsey joined a large national firm working in their Workers’ Compensation department. Kelsey joined MacMain, Connell & Leinhauser in August of 2021.

The firm played a prominent role at the recently held DRI Governmental Liability Conference. The conference, which is the largest defenseoriented civil rights conference in the country, welcomed over 250 attendees to Nashville from August 19-21, 2021. The firm served as one of the sponsors of the Program. In addition, Tricia Ambrose hosted the Women in the Law luncheon, and Janelle Fulton served as Vice-Chair of the Committee’s Diversity efforts.   David MacMain - the Immediate Past Chair of the Committee – moderated two sessions at the conference. The first session was a two-part presentation titled “A Look Back to the Future – Managing Crisis and Other Emergencies” and had a panel of 5 governmental leaders who discussed their thoughts and insights on how they managed crisis, ranging from the COVID-19 pandemic, civil unrest, natural disasters, the health crisis, and the 2020 Nashville bombing. The panelists were Fredda Maddox, Esq., and Kevin Dykes - Sheriff and Chief of Chester County (PA) Sheriff’s Office (PA) respectively; Jay Dardenne, Esq. – former Lt. Governor of Louisiana and current Commissioner of Administration for Louisiana Governor John Bel Edwards; Chris Dobbins – former Gaston County (NC) Health & Human Services Director; and Edward Yarbrough, Esq. – former US Attorney for Middle District of Tennessee. The second session was titled “Witness Preparation – It May be the Difference Between Winning and Losing” presented by Adam Boesen of Boesen Litigation Consulting in Dallas, Texas. Mr. Boesen discussed why witness preparation is vital to a case and how it can literally turn a losing case into a winning one. New Attorneys

The Defense Research Institute’s (DRI) Governmental Liability Committee presented its’ inaugural “1983 Boot Camp” aimed at providing attorneys and claims professionals who are new to 1983 and governmental liability an overview of the issues and law, and practical ‘real-world’ tips on how to assess and defend these suits. The presenters were all former Chairs of the Committee. David MacMain, who served as Chair of the Committee from 2018-2020, co-presented with Cathy Greer of Denver, Colorado (Chair in the mid-1990s) on “Use of Force Litigation” and “Rule 68 Offers of Judgment.”  DRI is the voice of the national defense bar and has over 20,000 members in the United States and Canada.

David MacMain was appointed by Dean Martinez - the Executive Director of the Defense Research Institute - to serve as Chair of DRI’s Protect and Serve Task Force. The Task Force, which is comprised of members of DRI, as well as a diversity of representatives from various other organizations, is focused on how to improve trust between law enforcement agencies and the communities that they serve. The Task Force will be presenting a number of monthly “Town Hall” webinars” designed to have representatives from various stakeholders engage and dialogue on police practices, community involvement and suggested reforms in the delivery of police services. The first Town Hall is slated to take place in September and is expected to have panelists from the Anti-Defamation League (ADL), the National Association for the Advancement of Colored People (NAACP), and the International Association of Chiefs of Police (IACP).

MacMain Leinhauser is proud to announce that David J. MacMain, Brian H. Leinhauser, Matthew J. Connell, and Janelle E. Fulton have been selected to this year’s Pennsylvania Super Lawyers list. Super Lawyers conducts a rigorous multi-phase process, which examines a lawyer’s professional experience, including their trial record, pro-bono work, and personal accomplishments. The process concludes with peer reviews and evaluations. David J. MacMain, a founding member and managing partner, has been chosen to Super Lawyers in 2004, then each consecutive year since 2006. He earned his Juris Doctor from the Temple University Beasley School of Law and is admitted to practice in the Supreme Court of Pennsylvania, the U.S. Supreme Court, the U.S. Court of Appeals for the Third Circuit, the U.S. Court of Appeals for the Second Circuit, the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the Middle District of Pennsylvania, the U.S. District Court for the Western District of Pennsylvania, the U.S. District Court for the Eastern District of Michigan, and the U.S. District Court for the Eastern District of Wisconsin. David represents public entities, public officials, educational institutions, and religious entities and non-profits in a variety of areas, and is a frequent speaker on civil rights, municipal liability, employment litigation, and police and prison-related issues. He is also a member of Pennsylvania Bar Association, the American Bar Association, The Federation of Defense and Corporate Counsel, the Association of Defense Trial Lawyers, and the Defense Research Institute. Brian H. Leinhauser, a founding partner, has been chosen to Super Lawyers each consecutive year since 2017. He focuses on labor and employment law, charter school defense, civil rights defense, and business law. Brian earned his Juris Doctor from the Duquesne University School of Law and is admitted to practice in the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the U.S. Supreme Court, the U.S. Court of Appeals for the Third Circuit, the U.S. District Court for the District of New Jersey, the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the Middle District of Pennsylvania, and the U.S. District Court for the Western District of Pennsylvania. Brian is also a member of the Pennsylvania Bar Association, the American Bar Association, and the Defense Research Institute. Brian has previously spoken at conferences and seminars advising private and public employers of best employment practices and has also been published in DRI’s For the Defense magazine. Matthew J. Connell, a founding partner, has been chosen to Super Lawyers since 2020. He focuses on civil rights, government liability, administrative law, appeals, employment law, and professional liability cases, especially those involving Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations Act. Matthew earned his Juris Doctor from Widener University Delaware Law School and is admitted to practice in the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the U.S. Court of Appeals for the Third Circuit, the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the Middle District of Pennsylvania, and the U.S. District Court for the District of New Jersey. He is a member of the Chester County Bar Association, the Delaware County Bar Association, the Pennsylvania Bar Association, the Pennsylvania Chamber of Commerce, the Defense Research Institute, and the Society of Human Resource Management. Apart from lecturing on the impact of discrimination and harassment in the workplace, Matthew has also served on an advisory board for the Pennsylvania Chamber of Commerce, Labor and Employment Subcommittee on the impact of medical marijuana in the workplace. Janelle E. Fulton, a partner, has been chosen to Super Lawyers each consecutive year since 2010. She focuses on employment law, appellate law, and professional liability, as well as representing governmental entities. She earned her Juris Doctor from Temple University Beasley School of Law and is admitted to practice in Florida, the Supreme Court of Pennsylvania, the U.S. Court of Appeals for the Third Circuit, the U.S. Court of Appeals for the Eighth Circuit, the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the Middle District of Pennsylvania, the U.S. District Court for the Northern District of Florida, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Southern District of Florida, and the U.S. District Court for the Western District of Pennsylvania. Janelle is also a member of the Pennsylvania Bar Association, the Florida Bar Association, and the Chester County Bar Association. She has been previously rated AV Preeminent by Martindale-Hubbell and was named as a Top Lawyer by Main Line Today. The legal team at MacMain Leinhauser will guide clients through their legal matters, no matter the situation. Call 484-318-7106 today or contact us online for an initial consultation. Located in West Chester, Pennsylvania, we serve clients throughout Philadelphia, Chester County, and New Jersey.

Brian Leinhauser presented at the Pennsylvania Coalition of Public Charter School conference instructing new entities and individuals on what is required to start a charter school, how to ensure compliance with applicable laws for charter schools including the Right to Know Law, the Sunshine Act, and the State Ethics Act.  The conference provided opportunities for the interested groups and individuals to gain knowledge and ask questions about the work required to apply for, obtain, and open a Public Charter School in Pennsylvania.

Qualified Immunity is under attack and there has been vigorous debate and efforts to eliminate this important defense for governmental officials – primarily law enforcement.  David MacMain was invited to be the “pro” qualified immunity panelist for a televised debate on the issue, with the other panelists including David Rudovsky – a noted Plaintiff’s civil rights advocate and University of Pennsylvania Law Professor, and two other law professors. The program, which was recorded recently, is expected to be broadcast later this summer, and the firm will send out information as to date, time and channel as soon as we know.

Brian Leinhauser and David MacMain presented a webinar titled “Top 10 Things To Do If You Enjoy Employment Litigation” for the Pennsylvania Municipal League - a nonprofit, nonpartisan organization that represents participating Pennsylvania cities, boroughs, townships, home rule communities and towns throughout the Commonwealth of Pennsylvania. The presentation was a humorous look at the things that public employers must avoid to prevent employment related claims. Brian and David provided an overview of the law and claims that municipalities face, with an emphasis on practical risk avoidance tips based on Brian and David’s lengthy experience in defending these claims and counseling public entities.

The firm has long had several New Jersey Bar admitted attorneys including partners Brian Leinhauser and Matthew Connell, and David MacMain joined the ranks of New Jersey barred lawyers in April after completing the necessary requirements. David has handled a number of matters in New Jersey over the past 30 years on a pro hac vice basis, both in both state and federal court, including police and prison cases, class actions, employment matters and school-based claims. However, as the firm is increasingly asked to handle matters in New Jersey, David thought it was appropriate that he be admitted in the Garden State.

David MacMain was appointed by Dean Martinez; the Executive Director of the Defense Research Institute (DRI), the voice of the national defense bar, which has over 20,000 members; to serve on DRI’s Protect and Serve Task Force. The Task Force, which is expected to be composed of several members of the DRI, as well as a diversity of representatives from various other organizations, including the NAACP, the media, the IACP, and community groups, is focused on how to build trust between law enforcement and the communities that they serve. The purpose is to engage in dialogue and allow various views, as well as perspectives and life experiences on current issues. The goal is to present a white paper of suggested best practices to improve relations and understanding.

David MacMain was invited to speak at a large national insurer’s in-house training regarding the use of trial consultants and technology in helping defend mid and high level claims. David, who serves as oversight/monitoring/trial counsel to several carriers in high exposure and complex claims throughout the country, spoke about his use of consultants to develop themes, prepare witnesses to present more effectively, perform focus group studies, and conduct mock trials. David also shared his experience in working with litigation support services to create effective demonstrative exhibits that can be used in settlement conferences, exhibits to filings such as summary judgment motions, and trial.

Matthew Connell provided training to several private sector employers on the issue of harassment and discrimination in the workplace. The training provided education to supervisors on the topics of discrimination under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family Medical Leave Act. The purpose of the training was to provide supervisory staff with the knowledge needed to identify and address harassment and retaliation in the workplace.

Samantha Ryan was recently appointed to theChester County Bar Association’s Judicial Review Committee. The Judicial Review Committee consists of nine (9) members of the Chester County Bar Association who serve for a term of three (3) years. The Committee organizes and conducts plebiscites for all judicial vacancies and retentions for current and past members seeking to join the judiciary as judges of the Court of Common Pleas for Chester County, as well as judges and justices of the appellate courts.

David MacMain and Tricia Ambrose won a defense verdict for a municipal client in an alleged whistleblower claim that was tried as a bench trial, and resulted in the Court adopting virtually all of the proposed findings of fact and legal conclusions that were submitted on behalf of our client following a two-day trial. The case began as a Pennsylvania Whistleblower claim filed in the Court of Common Pleas for Chester County, but was transferred to Federal Court when the Plaintiff added a Federal Age Discrimination claim when the EEOC issued a right to sue letter. On the day that Plaintiff had to respond to our Summary Judgment Motion, the Plaintiff dropped the Federal claim and the case was returned to Chester County CCP.

Lauren Nehra and Samantha Ryan recently volunteered in the Chester County Bar Association’s yearly high school mock trial event sponsored by the Chester County Bar Association’s Young Lawyers Committee. Not only did they get front row seats to the next generation of legal minds, but they also had the unique experience of viewing a wrongful death case through the eyes of a juror. They congratulate all the participants on a job well done and look forward to participating in next year’s competition.

Matthew Connell was asked to provide training on the latest use of force issues facing correctional professionals. Mr. Connell’s presentation focused on the latest legal standards on the use of force related to pre-trial detainees and the process necessary to ensure successful defense of future claims. Mr. Connell’s presentation also addressed the litigation process, instructing supervisory personnel on the key points in the litigation process and addressing the necessary steps to successfully defend against prisoner claims, including maintaining proper documentation, video preservation, and ensuring compliance with process and protocol.

Tricia Ambrose and David MacMain were asked to contribute to the Pennsylvania Municipal League (PML) Winter 2020 Municipal Reporter: Risk Management Edition. The PML’s mission is to “Strengthen, empower, and advocate for effective local government.”

Ms. Ambrose’s article discussed the sexual abuse exception to the Pennsylvania Political Subdivision Tort Claims Act, how the exception can affect municipalities and how municipalities can limit and manage risk associated with the new exception.

Mr. MacMain’s article focused on the importance of municipalities and law enforcement agencies maintaining and enforcing policies and records in order to guide staff and mitigate risk.

David MacMain was a panelist and speaker at a recent Pennsylvania Bar Institute webinar – “On the Inside and Out: Excessive Force, Police Brutality and Prisoner Rights Cases” broadcast on December 11, 2020. The panel was comprised of speakers on both sides of the caption, including 4 Plaintiff’s civil rights attorneys, Craig Straw of the Philadelphia City Solicitors Office and Assistant United States Attorney Michael Butler. The panel discussed the use of force claims in both the police and prison context with David focusing on the defense of such claims and how the news media and public may not fully understand the difficulties and challenges officers face.

MacMain Leinhauser is proud to announce that four of our partners, David J. MacMain, Matthew J. Connell, Brian H. Leinhauser, and Janelle E. Fulton, have been selected to the 2020 Pennsylvania Super Lawyers list. Super Lawyers annually selects attorneys according to a process that combines peer evaluations with independent research to verify credentials, professional accomplishments, awards, and pro bono and community service. Only five percent of the attorneys in Pennsylvania are selected to Super Lawyers and consumers consult the Super Lawyers list when searching for trusted legal counsel. David J. MacMain, founding member and managing partner, has been previously selected to Super Lawyers in 2004 and each consecutive year since 2006. David has broad and extensive trial experience, bringing more than 150 cases to verdict in favor of his clients. During a legal career spanning more than 25 years, David has focused his practice on the representation of public entities, public officials, and educational institutions, throughout Pennsylvania in a wide variety of civil rights and employment claims. David is a member of The Federation of Defense and Corporate Counsel, the Association of Defense Trial Lawyers, and the Defense Research Institute, where he currently serves as the 2020 Chair of the Governmental Liability Committee. Matthew J. Connell, founding partner, has extensive litigation experience defending private and public sector clients. This is Matthew’s first year selected to Super Lawyers. He routinely counsels clients and handles all phases of litigation.  Matthew has also served on an advisory board for the Pennsylvania Chamber of Commerce, Labor and Employment Subcommittee and is currently a member of the Chester County Bar Association, the Delaware County Bar Association, the Pennsylvania Bar Association, the PA Chamber of Commerce, the Defense Research Institute, and the Society of Human Resource Management. Brian H. Leinhauser, founding partner, has been selected to Super Lawyers for four consecutive years and was named a Rising Star each year from 2011 through 2016 completing ten years recognized by Super Lawyers. He concentrates his practice in the areas of labor and employment matters, school law, civil rights, business advising, and appellate cases. His employment law experience includes representing public and private entities in matters relating to labor relations, collective bargaining negotiations, personnel and human resources consultation, employment discrimination claims, internal investigations, and general litigation matters. He advises schools on daily operational issues, compliance matters, and advocates for them before state and local administrative agencies.  He also advises small businesses on the numerous issues related to their operations including employee matters, real estate and contact issues, and government compliance.  Brian has served as Chair of the Community YMCA of Easter Delaware County’s Board, and is currently a member of the Pennsylvania Bar Association, the American Bar Association, the Defense Research Institute, the Civil Rights and Governmental Liability Group, and the Labor and Employment Defense Group. Janelle E. Fulton, partner of MacMain Leinhauser, has been selected to Super Lawyers each year since 2010. She has more than two decades of experience successfully defending municipal and civil rights claims against public entities and public officials, enforcing restrictive covenants, trade secrets, and employment agreements, and defending against claims of wrongful termination, discrimination, and defamation. Janelle also devotes a significant portion of her practice to counseling and advising clients on a wide range of employment-related and civil rights issues. She is rated AV Preeminent by Martindale-Hubbell. Janelle is also a member of the Pennsylvania Bar Association, the Florida Bar Association, and the Chester County Bar Association. Our legal team is well prepared to advise clients on complex issues faced by employers, government officials, and educational institutions. During these uncertain times, clients know that they can turn to MacMain Leinhauser for trusted counsel in areas of uncharted legal territory. To learn more, call us at 484-318-7106 or contact us online. We serve clients throughout Philadelphia, Chester County, and New Jersey from our office in West Chester, Pennsylvania.

MacMain Leinhauser played a large role in the 2020 DRI Governmental Liability Conference held in San Diego from January 29-31. The conference, which was attended by over 475 lawyers and insurance professionals from all over the country, is the pre-eminent civil rights conference. David MacMain is the Chair of the Committee and played a large part in planning the conference. MacMain also moderated a panel discussion called “Trial Masters – The Best of the Best” in which 3 battle tested trial lawyers experienced in civil rights trials shared their thoughts, tips and secrets on successfully trying 1983 cases to a jury.  Tricia Ambrose hosted a Women in the Law lunch which afforded fellowship and networking opportunities for female (and male) attendees. Janelle Fulton hosted a Diversity Reception for the entire conference  – for which the firm was also a sponsor. And Samatha Ryan hosted the Young Lawyers Dinner which  connected young lawyers and allowed them the chance to begin building their network.  

We are happy to announce that the name of our firm, The MacMain Law Group LLC, has changed to MacMain Connell & Leinhauser. Our firm continues to be committed to delivering excellent service with high ethical standards that our clients have always expected of us. As attorneys with more than sixty years of experience, we understand the importance of real-life issues and providing practical advice and advocacy for our clients. We are dedicated to excellence in every representation and client interaction. David J. MacMain, Matthew J. Connell, and Brian H. Leinhauser are the founding members and named partners at the firm. Each attorney has extensive experience representing public sector and private sector clients in a variety of practice areas, including civil rights, litigation, labor and employment, education law, and small business consulting. Each attorney is a tenacious and diligent legal advocate for their clients. The team at MacMain Leinhauser looks forward to continuing our relationships with our clients and the continued growth of our firm in the future.

David MacMain was interviewed by Frank Ramos of DRI as part of his “A Conversation With . . .” series. In his 30 minute interview, which is in a conversational tone, Frank speaks with David as to how David switched careers from law enforcement to law, his practice, the firm, and David’s thoughts on counseling and defending law enforcement in these times. https://podcasts.apple.com/us/podcast/a-conversation-with/id1432716530

David MacMain was appointed by newly-elected Chester County Sheriff, Fredda Maddox, to serve as Solicitor to her new administration. MacMain stated that “I am honored to assist Sheriff Maddox as she takes office in these historic times, and with bold new ideas for her office.”  Sheriff Maddox appointed Kevin Dykes – former Chief County Detective for Chester County - to serve as her Chief Deputy Sheriff. Sheriff Maddox, Chief Deputy Dykes and Solicitor MacMain all served together as State Troopers at the Avondale, Chester County Station.

David MacMain was invited, and admitted to the Association of Defense Trial Attorneys. ADTA invites only one defense trial attorney to be its prime member per one million in population for each city, town, or municipality across the United States, Puerto Rico, Canada, France, The United Kingdom of Great Britain, Northern Ireland and the Republic of Ireland. An ADTA prime membership is, in essence, a statement of the high regard in which that defense trial attorney is held by his or her peers in the defense trial bar of their city and state or province. David, who has tried over 150 civil trials, and presents and speaks on trial and pre-trial issues, is honored to be a member of this prestigious professional organization.

Nearly 120,000 residents of Pennsylvania carry medical marijuana cards, enabling them to legally purchase and use cannabis for a variety of conditions ranging from epilepsy to anxiety disorders. This presents a dilemma for many employers because marijuana is still illegal in the eyes of the federal government. The attorneys at MacMain Connell & Leinhauser believe it is critical for employers to tackle this problem now by addressing the use of medical marijuana in their company drug policies. Matthew J. Connell, a founding partner of MacMain Leinhauser, outlined some of the legal issues facing Pennsylvania employers in a recent article in the Reading Eagle. View the full article here. Attorney Connell, who sits on a subcommittee convened by the PA Chamber of Business and Industry, warns that revising a company’s drug policy does not automatically mean all employees must be allowed to have medical marijuana. Whether or not an employer allows a given employee to have medical marijuana will depend on the circumstances of the position. If you have any questions regarding liability or other policy matters concerning medical marijuana, call our legal team at MacMain Connell & Leinhauser at 484-318-7106. We can work with you to draft a road map that can help protect you and your employees as state and federal marijuana laws continue to evolve.

David MacMain presented at the County Commissioners Association of Pennsylvania’s Annual Conference on August 5, 2019 in Reading, Pennsylvania. David’s presentation - “The Tort Claims Act – Where Counties Get the Royal Treatment”- addressed the application of the Pennsylvania’s Tort Claims Act to County agencies and recent developments to the Act. The session was attended by County Solicitors and officials from throughout Pennsylvania.

MacMain Connell & Leinhauser is extremely pleased to announce that Tricia M. Ambrose has been named a Partner in the firm on June 4, 2019. Attorney Ambrose, who has been with the firm almost from its inception in the spring of 2013, focuses her practice in civil rights, governmental defense, employment, educational law, tort and professional defense matters. She has extensive trial experience both as an assistant District Attorney for Chester County, and in her years with MacMain Connell & Leinhauser.  Tricia received her undergraduate degree from Temple University in Psychology and her law degree from Widener University School of Law. Tricia is active in the Defense Research Institute’s Governmental Liability Committee and serves as the liaison to Women In the Law Committee.  Managing Partner David MacMain, speaking on behalf of the firm partners Brian Leinhauser, Matthew Connell, and Janelle Fulton, commented that “Tricia has earned this with her outstanding legal skills, hard work, loyalty, always sunny disposition, excellent results, dependability, client confidence and compliments. Our firm is all the better to have Tricia as a partner.”

MacMain Connell & Leinhauser proudly announces that three of our partners have been selected to the Super Lawyers 2019 list of top-rated attorneys. Managing partner David J. MacMain, partner Brian H. Leinhauser, and partner Janelle E. Fulton received designations for their excellence in the field of law. Super Lawyers selects outstanding lawyers from all 50 states and Washington, D.C. for their legal achievements. Attorneys chosen for this distinction are among the top 5 percent in their state. Each year, Super Lawyers puts together a credible, comprehensive, and diverse listing of outstanding lawyers to be used as a resource for consumers searching for legal counsel. The list is broken down by state and the attorneys’ areas of practice. Super Lawyers chooses attorneys using their patented multi-phase selection process that combines peer nominations and evaluations with independent research. Twelve indicators of peer recognition and professional achievement factor in to the review of each candidate.

Meet our Partners Recognized by Super Lawyers

Managing partner and attorney David J. MacMain has been named a top-rated civil rights attorney in West Chester, Pennsylvania. This is his 15^th year being recognized by Super Lawyers. David handles cases involving civil rights and employment claims including those involving allegations of police misconduct, sexual harassment, discrimination, First Amendment issues, workplace claims, and more. He frequently speaks on subjects such as civil rights, municipal liability, employment litigation, police and prison-related cases, and ethics, among many other topics. Super Lawyers selected partner and attorney Brian H. Leinhauser as a top-rated employment and labor attorney in West Chester, Pennsylvania in 2019. This is his third consecutive year he has been honored by Super Lawyers. Brian has extensive experience handling a variety of employment law matters and represents public and private educational institutions on numerous legal issues. He presents at conferences and seminars to both public and private employers on best employment practices, policy review, employment discrimination issues, and school policies. For the 10^th consecutive year, partner and attorney Janelle E. Fulton has been named a top-rated employment and labor attorney in West Chester, Pennsylvania. Super Lawyers previously selected her to Rising Stars in 2005, 2006 and 2007; she is also rated AV Preeminent by Martindale-Hubbell. As an attorney for more than 20 years with considerable trial and arbitration experience, Janelle devotes a significant portion of her practice to counseling and advising clients on a wide range of employment-related and data privacy issues. Trust our civil rights and employment law attorneys at MacMain Connell & Leinhauser LLC to advise you on the challenging issues that employers, government officials, and public and private education institutions face. For more information, call us at 484-318-7106 or contact us online. From our West Chester, Pennsylvania offices, we serve clients throughout Philadelphia, Chester County, and across the state.

MacMain Connell & Leinhauser is extremely pleased to announce that Janelle E. Fulton will be joining the firm as a Partner on March 11, 2019. Attorney Fulton, who was a partner at an area firm specializing in employment litigation, is a long-time friend, and former colleague to MacMain Connell & Leinhauser partners David MacMain, Brian Leinhauser and Matt Connell having worked with them at prior firms where she handled many §1983 civil rights, employment and municipal tort matters, including trying multiple cases to verdict. Janelle also has over 20 years of experience, is rated AV Preeminent by Martindale-Hubbell, and has been named multiple times as a Pennsylvania Super Lawyer. She has had considerable trial and arbitration experience, and has successfully argued before the United States Court of Appeals for the Third Circuit, as well as several federal and state courts in Pennsylvania, Florida, New York, and Alabama.  Janelle also devotes a significant portion of her practice to counseling and advising clients on a wide range of employment-related and data privacy issues. Janelle maintains an active involvement in the community, including serving as past-Pro Bono General Counsel and a former Member (and Co-Chair) of the Board of Directors of the William Way GLBT Community Center of Philadelphia.

David MacMain scored a defense verdict for a Bethlehem police officer who ran over a suspect when the officer was responding to a suspected burglary in progress call, and was driving his cruiser the wrong way on a one-way street without his lights and sirens on.  The Court, over David’s objection, instructed the jury that the officer was negligent per se and in violation of The Vehicle Code.  David successfully argued that the suspect was more negligent and should have known that another officer, who was responding on foot, was attempting to detain the plaintiff when he ran into the street and into the path of the Officer’s cruiser. Despite the significant injuries, which caused a 2 week hospital stay for the plaintiff and the resulting ‘sympathy’ factor, and the negligent per se instruction, the jury found in favor of our client – the Bethlehem officer.

MacMain Connell & Leinhauser played a large role in the 2019 Defense Research Institute’s Governmental Liability Conference held January 30 – February 1, 2019 in San Antonio, Texas.  The conference, which is the pre-eminent defense bar civil rights conference, was attended by over 500 lawyers, government officials, and insurance professionals from all over the country. David MacMain is the Chair of the Governmental Liability Committee and was integrally involved in the planning and running the conference.  David also moderated three sessions - Jeffrey Halstead – former Chief of Police of Ft. Worth Texas Police Department – presentation on ‘Limits on the Use of Technology in Small and Large Law Enforcement Departments’, Tara Johnston’s session titled ‘How Far? How Deep? How Wide? Responding To and Limiting Monell Discovery’, and Robert Christie’s presentation on ‘Handling Critical Litigation and Evidentiary Issues in Police Liability Defense Cases.’ Brian Leinhauser was a main stage speaker and presented on ‘Use of #MeToo Evidence’. Brian’s presentation was focused on the impact and admissibility of complaints and ‘me too’ evidence in employment litigation and school-based claims. Tricia Ambrose, the Governmental Liability Committee’s liaison to the Women In The Law Committee, hosted a Women In The Law Luncheon on Thursday. And Charles Gilliam-Brownlee hosted the Young Lawyers dinner on Wednesday night.

 Matthew Connell conducted training for over 200 managers for a major municipality on the Americans with Disabilities Act and Family Medical Leave Act. Recognizing the perils facing employers for mismanagement of both the ADA and FMLA and its timing and notice requirements, this major municipality requested that Mr. Connell conduct the training to educate the supervisors on their duties and responsibilities as it pertains to these two critical federal statutes. Mr. Connell's presentation focused on the legal foundation for each of these employment laws and educating the supervisors on how to recognize and respond to requests for reasonable accommodation under the ADA and requests for leave under the Family Medical Leave Act. Contact us online for a consultation with our employment law lawyers or call MacMain Connell & Leinhauser at 484-318-7106.

Brian Leinhauser spoke at the conference organized by the Pennsylvania Coalition for Public Charter Schools on October 12, 2018. Mr. Leinhauser was joined by other charter school experts addressed issues related to the appropriate process for charter school admissions and the pitfalls that many charter schools face. The conference organized by PCPCS was attended by more than 200 school officials and board members and addressed a multitude of topics including governance practices, school climate, and special education compliance.

Matt Connell and David MacMain presented on legal issues affecting correctional facilities at the Fall 2018 Pennsylvania County Commissioners Prison Workshop held at State College, Pennsylvania. Follow this link for more information about the event.

MacMain Leinhauser hosted the Inaugural Government Liability ExecuSummit on October 23 and 24 in Uncasville, Connecticut. The ExecuSummit brought speakers and attendees in from all over the country including Connecticut, Kentucky, Pennsylvania, New York, Nebraska and Missouri. The event allowed insurance carriers and public officials to discuss and provide insight on the hottest topics facing government entities in today’s environment. Matthew Connell, who co-chaired the conference with David Karamessinis of Travelers, spoke on employment law and the public sector and hot topics in prison litigation. David MacMain presented on the relationship between insureds, insurers and defense counsel and hot topics in police litigation. Brian Leinhauser gave a presentation on due process protections for government employees and the 2018 Supreme Court review. This was an excellent conference to promote strategic thinking and provided insight into key legal issues impacting government entities. We are looking forward to the 2^nd Annual Government Liability ExecuSummit in Fall 2019.

Matt Connell spoke at the Fall 2018 Risk Management Conference in State College, Pennsylvania. For more information on this conference, follow this link.

David MacMain spoke at the Pennsylvania State Association of Boroughs (PSAB) Solicitor’s Conference in Harrisburg on August 8 on “Police Interactions with Persons with Mental Illness”. The 2-day conference, which was attended by municipal solicitors and public officials from throughout Pennsylvania, covered a variety of legal issues affecting public entities. David addressed the challenges law enforcement faces when dealing with individuals who suffer from mental illness and/or addictions, how law enforcement is trying to address this important and ever-growing area, and how courts are reviewing police responses to these types of incidents.

David MacMain was named a 2018 Pennsylvania Super Lawyer in the field of Civil Rights, and Brian Leinhauser was named a 2018 Pennsylvania Super Lawyer in the field of Labor and Employment. This is the 13th consecutive year David has received this honor, and 8th consecutive year that Brian has been honored as either a Super Lawyer or Rising Star. Super Lawyers selects attorneys using a multi-phase selection process in which peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and represent the top 5 percent of all lawyers in a given practice field.

David MacMain spoke at the Pennsylvania County Corrections Association Spring Conference on April 10 on the issue of Avoiding and Preventing Sexual Harassment and Discrimination Claims. The conference was attended by corrections leaders from across Pennsylvania.

Matthew Connell served on a panel of attorneys to discuss hot topics facing practitioners in prisoner litigation at the 2018 Prisoner Civil Rights Litigation Seminar held at the United States Courthouse in Philadelphia. Mr. Connell participated in discussions focused on the claims and defenses related to medical care of inmates and sexual assault claims under the 8th and 14th Amendments to the United States Constitution.

Matt Connell and Danielle Burke successfully defend a client against claims of disability discrimination. A former employee of a key client claimed that her termination was because of her disability in violation of the Americans with Disabilities Act and Family Medical Leave Act. Connell and Burke proved that the termination was not unlawful, despite the Plaintiff being on FMLA at the time of her termination and obtained summary judgment for the client.

David MacMain, who is the Vice-Chair of DRI’s Governmental Liability Committee, attended and participated in DRI-GLC’s 2018 Annual Civil Rights Conference. David moderated two sessions - Protecting Inmates From One Another - presented by Edward Sweeney, a corrections expert and David Karamessinis of Travelers Insurance, and Effective and Ethical Resolution of Cases - presented by the Honorable Karen Wells Roby - Chief Magistrate Judge for the Eastern District of Louisiana.

 

At the conclusion of a 4 day trial in which David MacMain and John McAvoy defended two correctional officers accused of using excessive force against an inmate, the jury took less then 45 minutes to reach a defense verdict.

Matthew J. Connell spoke on a panel addressing hot topics in the United States Supreme Court at the ExecuSummit Fall Employment Practices Liability Insurance Seminar in Montville, Connecticut. Mr. Connell and his co-panel members addressed the key issues facing the Court in its upcoming term. Mr. Connell's presentation focused on the status of sexual orientation discrimination under Title VII, highlighting critical decisions from the 2nd, 7th, and 11th Circuit Court of Appeals focusing on the current split of those circuits which will lead to Supreme Court review in the future. Sexual orientation discrimination is one of the hottest topics in employment litigation and Judges across the country are divided on whether or not such discrimination is prohibited under Title VII. We anticipate that the Supreme Court accept cert on this issue within the coming months.

On October 6, 2017, David MacMain served as a moderator at the DRI Annual Conference in Chicago on the topic of “Bridging The Gap: Police – Community Relations.” The panelists included Chicago Deputy Police Chief Eric Williams, Father Michael Pfleger – a Chicago community activist, and Anthony Schumann a Chicago attorney. The topic of discussion was how relations between law enforcement and the citizens they serve can be improved and strengthened in these times of turmoil and distrust – particularly in urban areas.

David MacMain is extremely proud to announce that his son Caleb MacMain is following in his Father’s footsteps and joining the ranks of law enforcement, having been recently hired to serve as a Whitemarsh Township Police Officer. Caleb was selected out of 80 applicants to join the 40+ officer Whitemarsh Police force.

David MacMain and Tricia Ambrose obtained a defense verdict in under an hour for our client, a City of Allentown Police Officer who arrested a self-proclaimed street minstrel who had been the subject of much sympathetic media attention, and complaints from business owners and citizens.  Plaintiff has – to use the term loosely - been “singing” in the streets of Allentown for the past few years – to the amusement of some and irritation of others. In the incident in question, the officer was responding to complaints about Plaintiff’s disturbing downtown diners and encountered Plaintiff in a full-throated and off-key rendition of “Ba-Ba-Barabara Ann” by the Beach Boys outside of a high-end steak restaurant. Plaintiff immediately became defensive and uncooperative, with the end result being the Officer using a take-down and placing Plaintiff in custody.  The incident was captured by i-phone and went viral with over 6 million hits.  The officer was vilified by some liberal media outlets and by one particular anti-law enforcement site who labeled the officer’s actions both a violation of the First Amendment and unjustified police force.  The jury saw it differently and cleared the officer in less than an hour including their lunch recess. It was an important victory for both the Officer and the Allentown Police Department who have had numerous and ongoing dealings with the Plaintiff.

David MacMain spoke at the Pennsylvania State Boroughs Association Annual Legal Update Conference in Harrisburg, Pennsylvania on August 10, 2017. The conference was attended by Borough solicitors, managers, police administrators and officials from all over Pennsylvania.  David spoke at two sessions (1) Use of Force, and (2) Stop and Frisk Programs.  Charles Gilliam-Brownlee helped research and prepare the written materials for the Stop and Frisk program.

MacMain Interviewed by the Washington Post Regarding Videos of Police Shootings

David MacMain was interviewed and quoted in a June 20, 2019 article in The Washington Post regarding the accuracy and reliability of videos of police use of force incidents, and why they only tell part of the actual story of what occurred: Experts caution that video footage of police shootings can remain incomplete and, even if capturing an entire incident, might not definitively answer what an officer saw at that moment. “The officer’s judged by what he or she reasonably sees or perceives,” said David J. MacMain, a former Pennsylvania state trooper and attorney who represents law enforcement officers in civil cases. MacMain also said that when videos are released publicly, the encounters are dissected in a different way than officers perceive them while they unfold. “We all get to look at it 20 times over and replay and zoom in and zoom out,” MacMain said. “Officers have to make split-second decisions, and we all get to critique it over the next four, five, six, seven months.” https://www.washingtonpost.com/news/post-nation/wp/2017/06/20/video-footage-shows-minn-traffic-stop-that-ended-with-philando-castiles-death/?utm_term=.c57c9487146f

MacMain speaks at the Federation of Defense and Corporate Counsel's Winter Conference

On March 9, 2017, David MacMain was one of 3 panelists who spoke at the Federation of Defense and Corporate Counsel’s Winter Conference in Charleston, South Carolina on “Balancing Interests In An Armed Society – The Intersection Between The 2^nd Amendment and Local Government’s Ability To Regulate Guns”.  Tricia Ambrose assisted in the preparation of the research and written materials.

MacMain Speaks at Pennsylvania Bar Institute’s Prisoner’s Civil Rights Litigation Seminar

David MacMain spoke at the Pennsylvania Bar Institute’s “Prisoner’s Civil Rights Litigation” seminar held in Philadelphia on March 3, 2017. The seminar, which is focused on the litigation of §1983 prisoner litigation against correctional facilities and law enforcement officers, was attended by over 100 people. Besides David, the panelists included the Honorable Mitchell Goldberg of the District Court of the Eastern District to Pennsylvania, Steven Brown of Dechert LLP, David Rudovsky and Jonathon Feinberg of Kairys, Rudovsky, Messing & Feinberg LLP, Armando Brigandi of the Philadelphia City Solicitor’s Office, and Melissa Gomez of MMG Jury Consultants.

MacMain and Freiler Attend Civil Rights Conference

David MacMain and Nicole Freiler attended the 2017 Annual DRI Governmental Liability and Civil Rights Conference held in Nashville, Tennessee on January 24-27, 2017.  David serves as Vice-Chair of the DRI Governmental Liability and Civil Rights Committee and was involved in the planning and presentation of the program. Nicole serves as Vice-Chair of the Committee’s On-Line Community which allows committee members to communicate to share questions, ideas, new cases and information affecting governmental entities and officials.  Seminar topics included legal updates on civil rights and governmental liability, witness identification, police body cameras, trial tactics, free speech and transgender accommodations.   The conference attendees participated in and raised almost $2000 for The 100 Club of Nashville  - a nonprofit charity dedicated to providing financial assistance to the families of police officers, firefighters, and EMT staff.

MacMain and Freiler Present Seminar on Correctional Issues

On November 3, 2016, David MacMain and Nicole Freiler presented a half day seminar for Pennsylvania corrections officers and administrators on the topics of use of force, and legal developments. The seminar was held in Harrisburg and was hosted by the County Commissioners Association of Pennsylvania.

MacMain Speaks at Community Event Regarding Police-Minority Relations

David MacMain was one of several speakers at a October 30 community forum titled “Beyond Black and Blue” which was hosted at St. Paul’s Baptist Church in West Chester, PA and addressed relations between law enforcement and the African-American community.  The panel (pictured left to right) included Chester County District Attorney Thomas Hogan, Chief Chester County Detective Kevin Dykes, Attorney Fredda Maddox, Pennsylvania State Trooper (PSP) Waleska Gonzalez, PSP Lancaster Troop Commander Maurice Tomlinson and Attorney Samuel Stretton (not pictured). The presentation and discussion session with attendees was frank, informative and insightful.  David, Chief Dykes and Attorney Maddox served together as PSP Troopers at the Avondale, Chester County station.

MacMain Presents at DRI Annual Conference on Electronic Control Devices (a.k.a. Tasers)

David MacMain presented at the DRI Annual Conference on October 21 in Boston on recent developments and the state of the law regarding police use of electronic control weapons, more commonly known by the most prominent of which is Taser.

Brian H. Leinhauser and Nicole C. Freiler speak at Making a Difference in Charter Schools Conference

Brian H. Leinhauser and Nicole C. Freiler presented at the Making a Difference in Charter Schools Conference held by the Pennsylvania Coalition of Public Charter Schools on October 7, 2016.  Mr. Leinhauser and Ms. Freiler provided a seminar entitled “Tips and Tools for Effective School Leadership” where attendees learned methods for ensuring that their school leadership team is as effective and proactive as possible, provides effective oversight of school operations that will help to improve student success and avoid costly litigation and how to comply with federal and state laws, including the Charter School Law, the Rehabilitation Act, and the Individuals with Disabilities Education Improvement Act. Mr. Leinhauser and Ms. Freiler also presented an overview session on “Navigating the Office of Civil Rights Inquiries and Title IX Issues” geared toward school leadership and how schools can effectively navigate the ever-expanding requirements of Title IX and how to avoid conflict with the Office of Civil Rights. Topics discussed included compliance with the recent directives regarding the use of bathroom and locker room facilities by transgender students, as well as ensuring that services are being appropriately provided to students based on their individual needs and avoiding allegations of discriminatory practices.

MacMain Appointed 2017 Vice-Chair of DRI's Governmental Liability Committee

David MacMain was appointed Vice-Chair of the DRI’s Governmental Liability Committee for 2017. David has been active in DRI, and the Governmental Liability Committee in particular, including having served as Program Chair for the 2013 Annual Conference, Chair of the Partnering With Industry Sub-Committee in 2015 and 2016, and a featured speaker at several Annual Conferences.  Along with Committee Chair Casey Stansbury of Mazenec, Raskin & Ryder of Lexington, Kentucky, David hopes to continue the growth and quality of the Governmental Liability Committee that serves, educates and connects thousands of lawyers, insurance carrier professionals, and government lawyers and officials all over the country who practice in the area of civil rights defense and governmental liability which includes law enforcement and corrections claims, school-based matters, land use and zoning issues, and municipal tort claims.

MacMain Speaks at Federal Bench-Bar Conference

On June 6, 2016, David MacMain was part of panel of speakers who presented on the topic of Jury Trials at the Eastern District of Pennsylvania’s Annual Federal Bench-Bar Conference. Ann Greeley, Ph.D. of Decision Quest presented the audience with information gleaned from studies on the differences between generations as to what influences jurors, what jurors expect, how they want information presented, and what is the most persuasive and effective way to reach jurors.  The Honorable Juan P. Sanchez addressed his views and observations from the bench as to jurors and effective advocacy.  MacMain added his comments, insights and experiences with jurors and persuasive advocacy based on his over 100 trials – most of which have been in the Federal Court system.

MacMain and Leinhauser Named Pennsylvania Super Lawyers in Civil Rights and Employment

On June 28, 2016, David MacMain was named a 2016 Pennsylvania Super Lawyer in the field of Civil Rights, and Brian Leinhauser was named a 2016 Pennsylvania Rising Star in the field of Labor and Employment. This is the 11th consecutive year David has received this honor, and 6^th consecutive year that Brian has been honored.  Super Lawyers selects attorneys using a multi-phase selection process in which peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and represents the top 5% of all lawyers in a given practice field. The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. Only 2.5% of eligible lawyers are selected as Rising Stars.

MacMain Speaks At CCAP Solicitor’s Conference

On May 6, 2016, David MacMain was part of panel of speakers who presented on the topic “Behavorial Health Issues In Prison Litigation” before the County Commissioners Association of Pennsylvania - Solicitor’s Section. The panel, comprised of a corrections administrator, a representative of a company who provides prison medical care, and a representative of a private hospital – in addition to MacMain, discussed the challenges of addressing and dealing with the mental health needs of inmates. Nicole Freiler assisted in the preparation of the written materials used by the panel. The one-day conference was attended by County Solicitors from across Pennsylvania and covered other legal issues unique to County government.

Matthew J. Connell Presents at National Employment Liability Conference

Matthew Connell presented the topic of Public Sector Pitfalls – Employment Liability Concerns Impacting Government Entities at the Employment Practices Liability Insurance EXECUSUMMIT Conference on April 13 in Chicago, Ill. Mr. Connell’s presentation focused on critical liability issues facing public sector employers, insurers and practitioners with particular focus on Constitutional concerns related to employment practices. The topic highlighted the challenges that the insurance industry and public sector practitioners encounter in handling and defending employment claims and the distinctions between public and private sector exposure.

Tricia M. Ambrose Successfully Argues Before The Pennsylvania Commonwealth Court

Tricia M. Ambrose successfully argued before the Pennsylvania Commonwealth Court in defense of a summary judgment victory she obtained for the City of Lebanon.  The case arose from a personal injury claim that occurred at a City of Lebanon swimming pool, in which the teenaged plaintiff suffered a severed toe.  Plaintiff argued that the City negligently maintained the pool, resulting in a dangerous condition that caused the Plaintiff’s injuries.  Tricia argued that the City was not negligent in the maintenance of the pool and the City ensured that the pool was safe for its patrons. The Trial Court granted Lebanon summary judgment, which the Commonwealth Court affirmed following oral argument.

David J. MacMain Presents Before The Pennsylvania County Commissioners Association

David MacMain spoke before County officials from across Pennsylvania on “Dealing With Defense Counsel” – a presentation that addressed the process that follows when a suit or threatened suit is filed, and how County officials can better work with and assist defense counsel. The program took the attendees from the initial pleadings, through discovery, pre-trial, and settlement considerations, and eventually through the trial process. The focus of the presentation was on practical, hands-on advice and insights to help the attendees better understand and assist in the litigation process and defense of tort and civil rights claims.

MacMain Speaks at Pennsylvania Bar Association’s Prisoner’s Civil Rights Litigation Seminar

David MacMain spoke at the Pennsylvania Bar Association’s  “Prisoner’s Civil Rights Litigation” seminar held in  Philadelphia on February 26, 2016. The seminar, which is focused on the litigation of §1983 prisoner litigation against correctional facilities and law enforcement officers, was attended by over 160 people. Besides David, the panelists included the Honorable Mitchell Goldberg and Honorable Elizabeth Hay – Judge and Magistrate Judge respectively from District Court of the Eastern District to Pennsylvania, and David Rudovsky.

MacMain speaks at the Federation of Defense and Corporate Counsel’s Winter Conference On March 1, 2016, David MacMain was one of 4 panelists who spoke at the Federation of Defense and Corporate Counsel’s Winter Conference in San Diego on “Small Firms – Challenges and Opportunities.”  The FDCC is composed of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits.

David MacMain and Tricia Ambrose Win Section 1983 Prison In-Custody Death Trial for Lehigh County Prison and 6 Correctional Officers David MacMain and Tricia Ambrose successfully defended Lehigh County Prison and six (6) correctional officers in a Section 1983 ‘excessive force’ and ‘denial of medical attention’ claim brought by the family of an inmate who died in custody of excited delirium following a violent struggle with corrections staff and medical personnel. The trial was held before the Honorable James Gardner Knoll in the District Court for the Eastern District of Pennsylvania in Allentown. The case was very high-profile, and the trial was widely covered by both the print and television news media.  After 10 days of trial, and testimony from over 20 witnesses and 5 expert witnesses, the 10 person jury returned a verdict in favor of the Prison and 6 officers on December 11, 2015 in just under 2 hours.

MacMain Leinhauser Successfully Defends 14 Cases for City of Vineland Officers MacMain Leinhauser, with Brian Leinhauser as lead counsel, successfully obtained a favorable verdict in the last of 14 cases brought against the City of Vineland and its Police Officers involving Det. Gami Cruz.  The 14 cases, involving 16 Plaintiffs, arose out of the dismissal of a number of criminal matters by the Cumberland County Prosecutor.  Those cases were dismissed based on the alleged, but unproven, misconduct of one of the Vineland Police Detectives, Gami Cruz.  The 14 cases involved questions of whether probable cause existed to charge the various individuals with the crimes brought by the department and whether search warrants were properly executed by the Vineland Officers and Det. Cruz.  In every case involving a question of improper prosecution, the evidence showed that the Vineland Officers and Det. Cruz had probable cause bring the charges against the suspects.  Of the 16 Plaintiffs, 12 voluntarily dismissed their cases after the evidence produced in discovery definitively showed that probable cause existed to bring the charges.  The evidence in those cases included videotaped drug transactions, video confessions, plea agreements, and physical evidence of the crimes charged. Three of the remaining Plaintiffs' cases were dismissed by the Court on motion for summary judgment.  The Court concluded that probable cause existed to charge these three Plaintiffs, and awarded sanctions against one Plaintiff who repeatedly misrepresented the facts of his case to the Court, delaying the matter and forcing the City of Vineland to continue to defend the case. The final case went to trial over whether Det. Cruz and his fellow officers held a woman in a state of partial undress for an unreasonable amount of time while securing the premises to execute a search warrant.  On November 12, 2015, a Jury of 6 women and 2 men returned a unanimous verdict in favor of Det. Cruz and the City of Vineland, finding that he did not violate Ms. Stratton's constitutional rights when he executed the search warrant on her home as part of a drug investigation involving her husband. MacMain Leinhauser, with offices in Cherry Hill, New Jersey and Malvern, Pennsylvania, is proud to have defended the work of the Det. Cruz and the other City of Vineland Officers in these cases.  

Brian Leinhauser Wins At Trial in District of New Jersey Brian H. Leinhauser won a victory for our client, Gami Cruz, on November 12, 2015.  The City of Vineland Officer was cleared of any wrongdoing in a case involving a question about how long it took to secure a residence where a partially clothed woman was present.  The incident arose when three Vineland Police Officers executed a search warrant on a residence pursuant to a narcotics investigation.  Plaintiff alleged that, upon arrival, the Officers held her in a state of partial undress for longer than was necessary to secure the premises for everyone's safety.  Three officers involved in the execution of the search warrant testified that they secured the premises in a minute or less and allowed Plaintiff to dress immediately after the property was secure.  After two days of testimony from four witnesses, the 8 jurors returned a unanimous verdict in favor of the Detective Cruz and the City of Vineland in just under an hour.

Megan Kampf Joins MacMain Leinhauser MacMain Leinhauser is pleased to announce that Megan Kampf, Esq. has joined the firm beginning May 4, 2015.  Prior to joining the firm, Megan was General Legal Counsel for West Chester University for the past 4 years, and a prosecutor at the Chester County District Attorney’s office for 10 years prior. Managing Partner David MacMain, who worked with Megan at Montgomery McCracken in Philadelphia, noted that  “Megan is a great addition as her background as a prosecutor fits perfectly with our regional practice representing law enforcement and public officials, and her experience as General Counsel to West Chester University adds depth and talent to our growing employment and educational law practices.”  Megan stated that “After 14 years of government service, and representing public officials in-house, I am looking forward to using my experience and unique insights I have gained to represent and advise public entities, educational institutions and employers – both public and private .  There are a myriad of challenges law enforcement and employers face in today’s fast paced, media driven society. I look forward to the opportunity to use my experience as a prosecutor and general counsel to help them navigate those issues.”

MacMain and Leinhauser Named Pennsylvania Super Lawyers (July 15, 2015) David MacMain was named a 2015 Pennsylvania Super Lawyer in the field of Civil Rights, and Brian Leinhauser was named a 2015 Pennsylvania Rising Star in the field of Labor and Employment. This is the 10^th year David has received this honor, and 5th year that Brian has been honored.  Super Lawyers selects attorneys using a multi-phase selection process in which peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and represents the top 5% of all lawyers in a given practice field. The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. Only 2.5% of eligible lawyers are selected as Rising Stars.

David MacMain and Tricia Ambrose Win At Trial David MacMain and Tricia Ambrose successfully defended five (5) police officers in a Section 1983 'excessive force' claim brought by a plaintiff who suffered a herniated disc during the course of a mandatory involuntary mental health commitment.   The officers were present to assist the mental health workers in the commitment process.  The trial was held before the Honorable Marilyn Heffley in the District Court for the Eastern District of Pennsylvania in Philadelphia.  After 6 days of trial, and testimony from 14 witnesses and 2 expert witnesses, the 8 person jury returned a verdict in favor of the police officers on October 9, 2015 in just under 90 minutes.

MacMain Leinhauser Opens Second Location in New Jersey

MacMain Leinhauser is pleased to announce the opening of a second office in in Cherry Hill, New Jersey.  MacMain Leinhauser attorneys have more than forty five years combined experience representing  individuals, public entities, businesses and insurers.  We serve as insurance defense counsel to public and private sector entities in matters involving Section 1983 and 1981, employment discrimination claims and as general counsel for various municipal and educational institutions.  Our firm is comprised of results oriented, client focused, legal professionals who strive to exceed expectations in every engagement.

Our primary practice areas center on all aspects of municipal liability and civil rights defense litigation including police, prison, employment, land-use, social services and First Amendment claims; employer and small business counseling; employment discrimination defense; professional malpractice defense; and all aspects of school law representation.  We strive to provide efficient, cost-effective, and sound representation to our clients, while vigorously advocating for their best interest. MacMain Leinhauser 923 Haddonfield Road Ste 300 Cherry Hill, NJ 08002 p: 856.324.5376  

MacMain Leinhauser Wins Important Third Circuit Victory And Makes New Law A precedential opinion was issued by the 3rd Circuit in the case of J.B. v. Fassnacht (Lancaster County) et al - 14-3905 (3rd Cir., Sept. 15, 2015) which both secured the reversal of a summary judgment denial on behalf of the firm’s client Lancaster County, and also made new and favorable law for juvenile detention facilities.  In J.B., the Third Circuit was asked to decide wither the United States Supreme Court’s decision in Florence v. Burlington County, applied to juvenile detention facilities.  The Supreme Court in Florence held that all incoming inmates being housed in the general population of a detention facility may permissibly be strip-searched to detect contraband and weapons.  The Third Circuit in J.B. v. Fassnacht held that Florence did apply to juvenile detention facilities and authorized the strip search of all incoming juvenile offenders being placed into general population. This is the first such case to apply Florence to juvenile facilities as two other circuit courts of appeal have avoided the issue via the application of qualified immunity. Brian Leinhauser and Charles Starnes researched and authored the appellate brief, and David MacMain argued the case before the Third Circuit.

MacMain Presents Before The Pennsylvania Municipal League David MacMain spoke before 100 municipal officials who attended the Pennsylvania Municipal League’s Annual Risk Management Conference held in State College on September 17-18, 2015. David’s presentation – “The Pen Is Mightier Than The Sword: Protecting Your Entity With Documentation” – highlighted the need for public entities to investigate, document and memorialize incidents that occur to root out the cause, prevent future problems, and to protect the entity and help it defend possible later litigation.

MacMain Speaks at Pennsylvania State Borough’s Association Annual Legal Conference (August 26-27, 2015) David MacMain spoke at the Pennsylvania State Borough’s Association (PSAB) Annual Legal Conference held in Harrisburg on August 26-27, 2015. David presented on the topic of “Police Use of Force” – a topic that has generated a lot of national news given several high profile police-citizen incidents in recent months. The seminar was attended by municipal solicitors and the state and federal judiciary from across Pennsylvania.

MacMain speaks at the Federation of Defense and Corporate Counsel’s Winter Conference On March 7, 2015, David MacMain spoke at the Federation of Defense and Corporate Counsel’s Winter Conference in Amelia Island, Florida on “Trauma In The ER – The Intersection Of Healthcare And Law Enforcement Requests For Evidence.”  The FDCC is composed of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits.

MacMain Speaks at Pennsylvania Bar Association's Prisoner's Civil Rights Litigation Seminar David MacMain spoke at the Pennsylvania Bar Association’s  “Prisoner’s Civil Rights Litigation” seminar held in  Philadelphia on February 27, 2015. The seminar, which is focused on the litigation of §1983 prisoner litigation against correctional facilities and law enforcement officers, was attended by over 160 people. Besides David, the panelists included the Honorable Mitchell Goldberg and Honorable David Strawbridge – Judge and Magistrate Judge respectively from District Court of the Eastern District to Pennsylvania, David Rudovsky and Philadelphia Chief Deputy City Solicitor Craig M. Straw.

MacMain Speaks at Chester County Spring Bench Bar Event David MacMain spoke at the Chester County Spring Bench Bar held in Malvern on March 19, 2015. David presented on the topic of “Excessive Force Litigation” – a topic that has generated a lot of national news given several high profile police-citizen incidents in recent months. The seminar was attended by members of the Chester County Bar, and members of the state and federal judiciary.

Brian H. Leinhauser Published on the Changing Landscape of Labor Relations Brian Leinhauser's article "The Changing Landscape of Labor Relations" was published in the January edition of For the Defense magazine.  Mr. Leinhauser provided information on current trends in labor relations, a summary of the impact of the recent Supreme Court decision in Harris v. Quinn and advice on how employers can navigate the changing borders of labor relations with the ever expanding reach of the National Labor Relations Board.  

David MacMain Presents on ‘Wrongful Conviction’ and ‘Body Cameras’ at National Conference David MacMain spoke on the challenges and strategies in defending wrongful convictions claims at the Defense Research Institute’s (DRI) annual Civil Rights and Governmental Tort Liability conference held in San Diego, California on January 29-30, 2015. David’s presentation “Wrongful Convictions and Their Civil Implications”  focused on the defense and analysis of such high-profile cases. The presentation was well-received by the conference attendees made up of over 350 attorneys and insurance professionals from across the country who represent, defend and insure municipal entities.  In a smaller session of the conference, David spoke on “Body Cameras – All the Rage!” in which he discussed the use of body-worn cameras, legal issues surrounding their use, and suggested training and policy issues for law enforcement and municipal legal advisors.  

Brian H. Leinhauser and Nicole C. Freiler obtain new Charter for Vision Academy Charter School on Appeal from the William Penn School District Brian H. Leinhauser and Nicole C. Freiler represented Vision Academy Charter School in its bid to obtain a Charter from the William Penn School District.  After a difficult battle put up by the District, Mr. Leinhauser and Ms. Freiler successfully persuaded the Charter School Appeals Board in Harrisburg to grant a new charter to the School.  MacMain Leinhauser will continue its work and assist Vision Academy as it prepares to open in September 2015 to serve the students of the William Penn School District.

Brian H. Leinhauser Elected Chairman of the Operating Board of the Community Y of Eastern Delaware County Congratulations to Brian H. Leinhauser who was elected Chairman of the Operating Board of the Community Y of Eastern Delaware County.  The Community Y is a charitable association dedicated to building a healthy spirit, mind and body and committed to being a positive part of family life by promoting the values of caring, honesty, respect and responsibility.

David MacMain and Matthew Connell Present At Prison Risk Workshop David MacMain and Matthew Connell presented at the Prison Risk Workshop hosted by the County Commissioners of Pennsylvania on November  6, 2014 in State College Pennsylvania.  David spoke about “The Prison Rape Elimination Act” and “Use of Force,” and Matt spoke on “The Health Insurance Portability and Accountability Act” as it affects County correctional facilities. The conference was attended by over 50 correctional and county officials from across Pennsylvania.

David MacMain and Charles Starnes Win At Trial David MacMain and Charles Starnes successfully defended three police officers in a Section 1983 ‘excessive force’ claim brought by a plaintiff who was acquitted in the underlying criminal case of resisting arrest and assaulting the officers. The trial was held before the Honorable R. Barclay Surrick in the District Court for the Eastern District of Pennsylvania in Philadelphia. After 3 days of testimony from 6 witnesses, the 11 person jury returned a verdict in favor of the police officers on November 13, 2014 in just under 1 ½ hours.

David MacMain and Tricia Ambrose Present At Police Seminar David MacMain and Tricia Ambrose conducted a training session on October 17, 2014 for police supervisors from various departments from Lehigh and Northampton Counties, and hosted by the Bethlehem Police Department, that addressed legal developments and recent court decisions affecting police officers and agencies, preventing and defending civil rights lawsuits, and policy and operational issues.

Brian Leinhauser and Matthew Connell speak at County Commissioners Association Fall Workshop Brian Leinhauser and Matthew Connell were speakers at the annual Fall Workshop of the County Commissioners Association of Pennsylvania in Harrisburg Pa. on September 25, 2014. Mr. Leinhauser presented on recent developments in labor and employment law which impact municipalities and public employers and the impact of social media in the workplace. Mr. Connell presented on supervisory and municipal liability in civil rights actions and hot topics impacting county prisons and Children and Youth agencies.

MacMain, Connell and Freiler Win At Trial David MacMain and Matthew Connell, with pre-trial and trial support from Nicole Freiler, successfully defended two correctional officers in a Section 1983 ‘failure to protect’ claim brought by an inmate who was savagely attacked by an another inmate resulting in over 100 stitches to his face and neck. The trial was held before the Honorable Thomas O’Neill in the District Court for the Eastern District of Pennsylvania in Philadelphia.  Plaintiff was represented by 3 lawyers from the 200+ lawyer Philadelphia office of The Dechert Law Firm. After 3 days of testimony from 7 witnesses, the 8 person jury returned a verdict in favor of the corrections officers in just under 2 hours.

Brian H. Leinhauser's Article On Unions in the Public Sector Workplace Published In Pennsylvania County News Brian H. Leinhauser had his article providing an overview of how to manage relationships with employees and unions in the public sector workplace published in Pennsylvania County News, a publication of the County Commissioners Association of Pennsylvania.  In the article, Mr. Leinhauser describes the various stages of the relationship between public sector employers, their employees and the unions that do or wish to represent the employees and describes appropriate parameters for conduct on the part of county officials with unions or unionizing employees to avoid unnecessary penalties from the PLRB or difficulties in the formation or bargaining process.

Charles Starnes Has Article Published In Summer Edition of PrimeWatch Charles Starnes’ article titled “Social Media: Friend or Foe” was published in the  Summer edition of PrimeWatch – a quarterly publication of The Pennsylvania Municipal League which is circulated to municipal officials throughout the state. Starnes’ article addressed the impact of social media upon litigation, and suggested guidelines and policies that municipalities may wish to follow in this area.

MacMain and Leinhauser Named Super Lawyers  (June 14, 2014) David MacMain was named a 2014 Pennsylvania Super Lawyer in the field of Civil Rights, and Brian Leinhauser was named a 2014 Pennsylvania Rising Star in the field of Labor and Employment. This is the ninth year David has received this honor, and fourth year that Brian has been honored.  Super Lawyers selects attorneys using a multiphase selection process in which peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and represents the top 5% of all lawyers in a given practice field. The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. Only 2.5% of eligible lawyers are selected as Rising Stars.  

MacMain Speaks Before Bar Committee  (June 12, 2014)  David MacMain was invited to speak before the Northampton County Bar Association’s Municipal Law Committee on §1983 Civil Rights Litigation. The session was held on June 12, 2014 and was attended by 30 lawyers from across the County.

MacMain and Freiler Achieve A Quick Trial Victory  David MacMain and Nicole Freiler successfully defended three Easton police officers accused of excessive force in a two day trial held before the Honorable Stewart Dalzell in the District Court for the Eastern District of Pennsylvania in Philadelphia.  Plaintiff was represented by 3 lawyers from The Dechert Law Firm, an international law firm, who obtained a sizeable settlement for the same plaintiff in another excessive force claim brought against another police department represented by another defense firm.  After two days of testimony from 7 witnesses, the 8 person jury returned a verdict in favor of the Easton officers in just under 15 minutes.

Brian H. Leinhauser and Tricia Ambrose Present before County Commissioners Association of Pennsylvania Brian H. Leinhauser and Tricia Ambrose presented two seminars for the County Commissioners Association of Pennsylvania on April 10 and April 15, 2014 on Unions in the Public Sector Workplace.  The topics addressed included pre-campaign activities that public sector managers may engage in to know their workforce and avoid running afoul of the Public Employees Relations Act; appropriate and restricted activities if a union organization campaign arises; and current trends in case law, bargaining and grievance activity in the public sector workplace including (1) how Supervisors and County Administrators can address and maintain good relations with their public sector unions, (2) how to maintain appropriate expectations during bargaining for both sides of the bargaining table (3) what to do if employees express a desire to terminate their union representation and (4) how to avoid unfair labor practice charges before and after campaigns and bargaining.  Mr. Leinhauser and Ms. Ambrose also presented a legislative and litigation update on proposed legislation including a Right-to-Work law and Paycheck Protection Act currently pending in Pennsylvania and the impact similar laws have had in other states like Wisconsin and Michigan.

David J. MacMain Admitted to The Federal of Defense & Corporate Counsel David J. MacMain was admitted into membership of The Federation of Defense and Corporate Counsel (FDCC).  Membership is limited to 1400 lawyers worldwide and is by invitation only after an extensive peer review selection process.  The FDCC is composed of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system, and represent those in need of a defense in civil lawsuits.

David J. MacMain Provides Training To Police Supervisors David J. MacMain conducted a training session for police supervisors from various departments from Berks County that addressed legal developments and recent court decisions affecting police officers and agencies, preventing and defending civil rights lawsuits, and policy and operational issues.

David J. MacMain Moderates At DRI Conference David J. MacMain moderated a session titled “Glimpse into the Crystal Ball: Understanding the Insurance Industry’s Evaluation of Claims ” at the Defense Research Institute’s annual Governmental Liability and Civil Rights Conference held in New Orleans on January 30 and 31, 2014.  The conference was attended by over 350 lawyers and insurance professionals from across the country.

Matthew J. Connell Provides Training Series for County Employees in Workplace Discrimination and Hostile Work Environment.  Matthew J. Connell has presented a series of training sessions to County officials, supervisors and employees in all County departments. The presentation focused on the legal implications of discrimination in the workplace, including training on the implications of creating and permitting a hostile work environment and guidance in the recognition and reporting of hostile work environment conditions.

David J. MacMain Presents At Prison Risk Workshop Conference David J. MacMain spoke on November 7 at the Fall Prison Risk Workshop sponsored by the County Commissioners Association of Pennsylvania held in State College and attended by prison officials from across Pennsylvania.  David  presented on two topics – (1) The Prison Rape Elimination Act, and (2) “Ain’t Nothing Private No More? How Social Media, I-Phones, Video and Technology Have Changed the Litigation Landscape.” Charles Starnes  did an excellent job preparing the materials that were used.

Matthew J. Connell is Guest Speaker on Use of Force at the Pennsylvania County Corrections Association 2013 Fall Conference Matthew J. Connell was invited as a guest speaker at the Pennsylvania County Correctional Association’s 2013 Fall Conference. Mr. Connell addressed over 150 correctional professionals from across the Commonwealth on the legal aspects of the use of lethal and less than lethal force in the correctional environment. Mr. Connell’s presentation also included an outline of legal topics facing correctional officials and the litigation process.

MacMain and Starnes Speak at Statewide Municipal Conference David J. MacMain and Charles R. Starnes spoke on September 19, 2013 at the 2013 Pennsylvania Municipal League’s annual risk conference held in State College and attended by over 100 public officials from across Pennsylvania. David and Charlie presented “Ain’t Nothing Private No More? How Social Media, I-Phones, Video and Technology Have Changed the Litigation Landscape.” The presentation focused upon what public officials and employees need to be aware of in this technology age and how new forms of technology can be used in litigation to shape a case and impact the outcome.

MacMain Wins Two Trials for City of Reading David J. MacMain, assisted by Tricia Ambrose, obtained trial victories for The City of Reading in successive trials held in Federal Court in June and July respectively, both of which involved claims of police misconduct. The first trial – Lazarde v. Reading – was tried over 4 days in June before Federal Magistrate Judge Henry Perkins (ED of Pa) and involved two separate incidents involving two different Reading police officers. Plaintiff alleged that in the first incident, an officer purposely ran over the plaintiff’s foot after the two had had words – causing Plaintiff significant foot and back injuries which prevented him from future employment. The officer conceded that there had been a heated disagreement, but denied that he ran over plaintiff’s foot. Plaintiff alleged that second incident occurred several weeks later when he was subjected to physical abuse by another officer in the police station while being interviewed about a crime that he had witnessed, with the Plaintiff alleging that the incident was in retaliation for his complaint about the first incident. The officer denied that any physical force was used. After hearing from 13 lay witnesses and 3 expert witnesses, the jury returned a verdict in favor of the Reading officers on all 10 counts in a little under 1 ½ hours. The second trial – Berete v. Reading- took place over 2 days before Federal Judge Curtis Joyner (ED of Pa) and involved an allegation by Plaintiff that a Reading police officer used excessive force during the course of an arrest. After hearing from 4 witnesses, the jury returned a defense verdict in about 1 hour.

Matthew J. Connell and Brian H. Leinhauser Speak before County Executives at CCAP Conferences Matthew J. Connell and Brian H. Leinhauser spoke in Harrisburg, Scranton, and Lewisburg, Pennsylvania to more than 100 county executives, human resources directors, and county prison officials in May.  The topic of the seminar was "What did you do? - Conducting an Employee Investigation."   Matt and Brian provided insight and guidance on the proper procedure for conducting internal investigations, how to prepare for such investigations, who should conduct the investigations, and how to complete and close employee investigations.  The conference also covered the procedural workings of an EEOC or PHRC investigation and how to navigate the administrative agency process when a discrimination claim is levied against a public entity.

MacMain Wins Trial for Lancaster County Prison David J. MacMain, assisted by Charles Starnes, obtained a defense verdict in favor of two Lancaster County corrections officers who were accused by an inmate, represented by lawyers from the Dechert Law Firm, of using excessive force. The case, which spanned 3 days and involved 6 witnesses, was tried before Federal Judge Thomas O’Neill (ED of Pa), and ended in a complete defense verdict in a little over an hour.

David MacMain Speaks At FBI – National Academy Training Session FBI National Academy Training Session David MacMain was invited to speak before the Pennsylvania Eastern Chapter of the FBI – National Academy at their annual training conference. The training session, which was held on April 21-23-2013 in Gettysburg, was attended by over 75 police executives from Pennsylvania and New Jersey who are graduates of the prestigious FBI National Academy. David spoke on 1983 litigation, and recent legal developments affecting police officers and supervisors.

MacMain Speaks At National Civil Rights Conference David MacMain recently spoke at the Defense Research Institute’s Civil Rights and Government Tort Liability annual seminar in Miami February 2, 2012, on the topic of ‘What’s New In The Use Of Force’. DRI  is an  international membership organization of lawyers, and  in-house and insurance professionals involved in the defense of civil litigation.  The conference, which was attended by over 300 lawyers, municipal administrators and insurance professionals from all over the country, was focused upon educating and equipping persons who advise, defend and represent government and governmental officials in civil rights matters including police liability, prison-based claims, employment-related matters and tort liability. MacMain was named  DRI’s Program Chair for next year’s Civil Rights seminar to be held in Scottsdale, Arizona.

MacMain Serves as Program Chair of National Civil Rights Conference Defense Research Institute’s (DRI) Civil Rights and Government Tort Liability Annual Conference David J. MacMain recently chaired the Defense Research Institute’s (DRI) Civil Rights and Government Tort Liability annual conference in Phoenix, Arizona held January 31 through February 1, 2013. As well as being the Program Chair, David assisted in moderating the program on the topic of Insurance: Coverage, Cooperation, Conflicts and Ethics. DRI is the largest international membership organization of lawyers, and in-house and insurance professionals involved in the defense of civil litigation. The conference, which was the most well attended to date, had 375 lawyers, municipal administrators and insurance professionals from all over the country. The focus of the conference was on educating and equipping people who advise, defend and represent government and governmental officials in civil rights matters including police liability, prison-based claims, employment-related matters and tort liability. David is a partner and litigator with broad and extensive trial experience having tried over a hundred (100) cases to verdict in favor of his clients. David's practice emphasizes matters in civil rights, employment, professional defense and municipal law

David MacMain Speaks at Pennsylvania Bar Institute Seminar Prisoner Civil Rights Litigation 2013 David MacMain spoke at the recent Pennsylvania Bar Institute (PBI) CLE seminar Prisoner Civil Rights Litigation 2013. ? ?The seminar was held at the Federal Courthouse in Philadelphia and addressed Section 1983 litigation against police and prison officials. In addition to David, the panel included several prominent Plaintiff-side civil rights lawyers, Philadelphia City Solicitor in charge of 1983 litigation Craig Straw, and Magistrate David Strawbridge. ? ?He has broad and extensive trial experience having tried over a hundred (100) cases to verdict in favor of his clients. David's practice emphasizes matters in civil rights, employment, professional defense and municipal law.