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Partners Brett A. Datto And Jennifer Hiller-Nimeroff Obtain Significant Victory For Client In NCAA Eligibility Appeal

Weir Greenblatt Pierce LLP is pleased to announce that it has won a significant victory on behalf of a client who was denied a sixth year of eligibility to play college football this fall.  On July 13, 2022, the NCAA granted the appeal of Brandon Outlaw, who had requested that the NCAA reverse a decision by the University of Southern California finding him ineligible to play, citing Brandon’s prior participation in both track and field and football.  In reversing the university’s decision, the NCAA found that Brandon had been denied “multiple participation opportunities” due to his financial hardship and the COVID-19 pandemic.  The ruling means that Brandon will be allowed to suit up and play football this fall for the Trojans.

Brandon’s lawyers, Brett A. Datto and Jennifer Hiller-Nimeroff, complimented the NCAA for its swift and careful consideration of the facts of Brandon’s case and noted that both legal and equitable factors played a key role in the matter.  Mr. Datto has been representing athletes at the local, state and national levels for over 30 years, and currently represents several current and former semi-professional and professional athletes in personal and business matters.  Ms. Hiller-Nimeroff is an experienced lawyer with nearly 25 years of litigation experience, representing the interests of individuals and businesses in complex legal matters.

Weir Greenblatt Pierce LLP Secures Summary Judgment For Client In COVID-19 Breach of Contract Case

            Weir Greenblatt Pierce LLP partners Walter Weir, Jr. and Steven E. Angstreich secured a significant victory for their client in an action against a commercial tenant for breach of lease due to the tenant’s failure to pay rent during the COVID-19 pandemic.  In granting summary judgment in favor of their client, the Superior Court of New Jersey rejected the tenant’s argument that the COVID-19 pandemic relieved the tenant of its obligation to pay rent under the doctrines of frustration of purpose and impracticability.

          The action arose from the tenant’s breach of a 10-year commercial lease when it refused to pay rent claiming that the pandemic frustrated its purpose for entering the lease, and that it was unable to perform under the lease terms. The issues in the case involved questions of whether a party may cite the effects of the COVID-19 pandemic to void its obligations under a contract, and whether the contract itself included provisions that would allow a party to do so.

            The tenant, who was a provider of medical services, alleged, among other things, that because the pandemic caused an increase in demand for remote services and a decrease in demand for in-person services, the agreement became less profitable and its primary purpose for entering the agreement had been frustrated. The tenant further alleged that performance became impracticable for the same reason and argued that it should no longer have to pay rent.

            In granting summary judgment, the New Jersey Superior Court found that the lease clearly states that the premises would be used for “medical services” as provided by the tenant and included no language regarding contingencies. The Court also noted that the lease clearly indicated that any failure to pay rent would amount to a material breach of the agreement. The Court ultimately held that although the COVID-19 pandemic was an unforeseeable circumstance, “[n]o rational fact finder could find that the performance here was literally impossible or made inordinately more difficult by COVID-19, as the only performance required by Defendant tenant was to pay their rent.” The change in demand for in-person medical services, according to the Court, did not frustrate any purpose contemplated in the language of the agreement between the Parties, and did not render the tenant unable to perform its obligation to pay rent under the lease. Accordingly, the Court granted summary judgment in favor of the landlord.

            The full Opinion may be read here.

Philadelphia Business and Individual Rights Firms Merge To Form Weir Greenblatt Pierce LLP

Philadelphia – January 18, 2022 – Two highly regarded law firms, Weir & Partners LLP (W&P) and Greenblatt Pierce Funt & Flores LLC (GPFF), are delighted to announce their merger effective today, as GPFF merges into W&P. The renamed firm, Weir Greenblatt Pierce LLP, will include distinguished attorneys, well-respected for their representation of businesses and individuals.

W&P has long been known for its superior representation of corporate, banking and business clients, while GPFF is hailed as one of the top individual rights law firms in the region, representing clients in criminal, employment, family, personal injury, and civil rights matters. The merger comes at a time of great financial success and stability for both firms.

“This merger is formed out of a true friendship and admiration for each other’s personnel and practices,” said Ron Greenblatt. “The decision to merge was simple. Our combined firm consists of highly regarded lawyers, practicing in a cost-efficient way. It’s a win for our clients in so many ways.”

According to Administrative Managing Partner, Brett A. Datto, “The level of experience and insight our clients will gain from having access to both of the firms’ lawyers is incalculable.” The two firms have worked together on multiple matters over the years and have always been impressed by the quality of the work and character of the lawyers at both firms. Walter Weir and Patricia Pierce have been friends for over 40 years, since they worked together at the Defender Association of Philadelphia. Cross-referrals have always been common between firms. Weir explained, “We respect and admire each other. We are referring work to one another, so we decided to practice together and give our clients everything they have asked us for in the past: top business and individual rights lawyers in one firm.”

There will be no staffing changes; all current lawyers and staff of both firms will be part of the newly named firm. Walter Weir will serve as the Managing Partner with Brett Datto as the Administrative Managing Partner, while Ron Greenblatt and Patricia Pierce will join the Firm’s Executive Committee. The new firm will have 36 lawyers and 17 staff.

Weir Greenblatt Pierce LLP is a full-service law firm providing sophisticated representation to businesses and individuals in such areas as Banking & Finance, Bankruptcy, Civil Rights, Complex Commercial Litigation, Corporate Restructuring & Creditors Rights, Criminal Defense, Employment, Family, Personal Injury, and Real Estate Transactions. For more information, please see wgpllp.com.

WGP Listed in 2022 edition of U.S. News & World Report’s Best Law Firms

Philadelphia – November 1, 2021 – Greenblatt, Pierce, Funt and Flores, LLC  (WGP) has been recognized in the 2022 U.S. News – Best Lawyers® “Best Law Firms” rankings list for the City of Philadelphia. The firm received a “Tier 1” rating in Employment Law for Individuals, the highest rating possible.

The U.S. News – Best Lawyers Best Law Firms rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Additionally, to be eligible for a ranking, a firm must have a lawyer recognized first in The Best Lawyers in America, which recognizes the top five percent of practicing attorneys in the country. Two WGP partners received that honor: Patricia V. Pierce (Employment Law for Individuals) and Ronald L. Greenblatt (Criminal Defense: General Practice).

According to Best Lawyers, “The 2021 rankings are based on the highest lawyer and firm participation on record, incorporating 8.3 million evaluations of more than 110,000 individual leading lawyers from more than 22,000 firms.”

Founded in 1996 as an aggressive criminal defense law practice, Greenblatt, Pierce, Funt and Flores, LLC has grown into a full-service law firm offering individuals assistance in virtually all areas of criminal, employment, personal injury, civil rights, and family law. The firm has three offices in Pennsylvania and New Jersey. Visit gpffstaging.wpengine.com for more information.

WGP Listed in 2021 edition of U.S. News & World Report’s Best Law Firms

U.S. News Best Lawyers Best Law Firms 2021 WGP Ranked

Philadelphia – February 2, 2021 – Greenblatt, Pierce, Funt and Flores, LLC  (WGP) has been recognized in the 2021 U.S. News – Best Lawyers® “Best Law Firms” rankings list for the City of Philadelphia. The firm received a “Tier 1” rating in Employment Law for Individuals, the highest rating possible.

The U.S. News – Best Lawyers Best Law Firms rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Additionally, to be eligible for a ranking, a firm must have a lawyer recognized first in The Best Lawyers in America, which recognizes the top five percent of practicing attorneys in the country. Two WGP partners received that honor: Patricia V. Pierce (Employment Law for Individuals) and Ronald L. Greenblatt (Criminal Defense: General Practice).

According to Best Lawyers, “The 2021 rankings are based on the highest lawyer and firm participation on record, incorporating 8.3 million evaluations of more than 110,000 individual leading lawyers from more than 22,000 firms.”

Founded in 1996 as an aggressive criminal defense law practice, Greenblatt, Pierce, Funt and Flores, LLC has grown into a full-service law firm offering individuals assistance in virtually all areas of criminal, employment, personal injury, civil rights, and family law. The firm has three offices in Pennsylvania and New Jersey. Visit gpffstaging.wpengine.com for more information.

Alan Yatvin, Distinguished Civil Rights Lawyer, Joins Firm — Will Chair Firm’s Highly Respected Civil Rights Practice

Haddonfield and Atlantic City NJ and Philadelphia Pa – January 1, 2021 – The partners at WGP are delighted to announce that Alan L. Yatvin, a preeminent police misconduct and civil rights litigator, has joined Greenblatt, Pierce, Funt and Flores, LLC (WGP)) as a partner. He will chair the firm’s Civil Rights department – long known for excellence in plaintiff’s civil rights matters. Attorney Alan YatvinAlan will continue to concentrate his practice on civil rights litigation, criminal defense in state, federal, and international tribunals, as well as the representation of students with special needs. With a successful career spanning 37 years, Alan has tried cases ranging from death penalty homicides to complex municipal liability police misconduct cases. He has also briefed and/or argued appellate matters before the United States Supreme Court, the Third Circuit Court of Appeals, the Pennsylvania Supreme Court, the Pennsylvania Commonwealth Court, the Pennsylvania Superior Court, and the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague. Alan has successfully litigated over 15 police shooting cases, recovering substantial compensation for victims and their families. On three separate occasions, he has also obtained federal jury verdicts against the City of Philadelphia on so-called Monell claims by showing a pattern and practice of police misconduct and the City’s failure to properly train or discipline its officers, placing him among the most successful attorneys in Philadelphia on these challenging claims. “When my long-standing partner, Howard Popper, decided to retire, I wanted to find a new professional home for my practice. I wanted to join a firm with an impeccable reputation, immense resources, and a substantial practice. Ron and his firm hit all my criteria. Plus, the opportunity to work with Pat Pierce, who I have admired and collaborated with for years, was a great incentive to join the firm. I am thrilled,“ said Mr. Yatvin. Said WGP Managing Partner Ron Greenblatt, “Alan Yatvin has long been recognized as one of the leaders in the civil rights and criminal defense bar. We are thrilled to be working with a lawyer of his stature in the legal community. His extensive knowledge of Pennsylvania, federal and international courts, coupled with his amazing success in his areas of practice will greatly benefit our firm and clients. Personally, Alan and I have been friends for over 30 years. I look forward to working with him on a daily basis and getting his input as we work to serve our clients and community.” In addition to his US clients, Alan also practices at the international criminal courts, where he has represented accused persons before the ICTY and the International Criminal Court (ICC), both in The Hague, and the Extraordinary Chambers in the Court of Cambodia (ECCC) in Phnom Penh, also known as the Khmer Rouge Tribunal. After graduating from the Benjamin N. Cardozo School of Law in New York City in 1983, Alan served as an Assistant Philadelphia and Federal Defender before entering private practice. He was managing partner of Popper & Yatvin from its founding in 1988 through 2020. A frequent lecturer on police misconduct litigation and trial advocacy skills, he is the recipient of the 2012 Thurgood Marshall Criminal Justice Award from the Philadelphia Bar Association, where he has been a member since 1987. The Court of Common Pleas for the First Judicial District of Pennsylvania (Philadelphia) presented Alan with the 2010 Pro Bono Publico Award. Alan has been selected to the Pennsylvania Super Lawyers List every year since 2004. Alan is also a member of the Pennsylvania Association of Criminal Defense Lawyers. Referring to Alan in a special education appeal, the United States Court of Appeals for the Third Circuit wrote: “[W]e note that the litigation here was conducted by highly qualified and experienced counsel…” M.R. v. Ridley Sch. Dist., 868 F.3d 218, 230 n.9 (3d Cir. 2017). Alan was a member of the National Board of Directors of the American Diabetes Association from 2015-2017 and continues to represent special needs students and their parents, with a concentration on the rights of students with diabetes. He is a resident of Philadelphia. Founded in 1996 as an aggressive criminal defense law practice, Greenblatt, Pierce, Funt and Flores, LLC has grown into a full-service law firm offering individuals assistance in virtually all areas of criminal, employment, personal injury, civil rights, and family law. The firm has three offices in Pennsylvania and New Jersey. Visit gpffstaging.wpengine.com for more information.