Darth M. Newman Attorney

First Admitted: 2008, Pennsylvania

Professional Webpage: https://www.dnewmanlaw.com/about

Bar/Professional Activity:

Elected Secretary of ACBA Small and Sole Firm Section, 2022
Elected Chair Elect of the Allegheny County Bar Association's Federal Court Section, 2024
Appointed to PA Disciplinary Board Hearing Committee, 2024
Elected Secretary of ACBA Federal Court Section, 2023
Mediation Council of Western Pennsylvania
Eastern District of Michigan
Elected Treasurer of Allegheny County Bar Association Federal Court Section, 2022
Western District of Pennsylvania
Eastern District of Pennsylvania
Northern District of New York
District of New Jersey
Federal Circuit
Sixth Circuit
Third Circuit
New Jersey
New York
Pennsylvania
Chair, Allegheny County Bar Association Professional Ethics Committee, 2020
Member, Pennsylvania Bar Association Legal Ethics and Professional Responsibility Committee, 2020
Elected Council Member, Allegheny County Bar Association Federal Court Section, 2020
Member, Solo and Small Firm Practitioners Section, 2020
Member, Allegheny County Bar Association Criminal Practice Subcommittee, 2020
Chair, Allegheny County Bar Association Professional Ethics Committee, 2019
Vice Chair, Allegheny County Bar Association Professional Ethics Committee, 2019
Member, Allegheny County Bar Association Criminal Practice Subcommittee, 2019
Member, Allegheny County Bar Association Federal Court Section, 2019
Vice-Chair, Allegheny County Bar Association Professional Ethics Committee, 2018
Member, Allegheny County Bar Association Federal Court Section, 2018
Member, Allegheny County Bar Association Criminal Practice Subcommittee, 2018
Member, Allegheny County Bar Association Federal Court Section, 2017
Member, Allegheny County Bar Association Professional Ethics Committee, 2017
Member, Allegheny County Bar Association Federal Court Section, 2016
Member, Allegheny County Bar Association Professional Ethics Committee, 2016
Member, Allegheny County Bar Association Professional Ethics Committee, 2015

Verdicts/Settlements (Case Results):

Settled Cyber Fraud FCA suit against Pennsylvania State University for $1.25M. , 2024
Settled $3M+ PPP Loan Fraud FCA suit against New Jersey Health System., 2024
Settled contentious FCA suit related to $30M+ construction project, 2023
Settled whistleblower retaliation case., 2024
Resolved several cases while serving as mediator including for EEOC., 2024
Resolved several case as mediator, 2023
Settled PA Wage Payment and Collection Act case, 2024
Settled FCA and PA Whistleblower Law Retaliation case, 2024
Settled FCA Retaliation claim for $950,000, 2024
Settled FCA suit for $5M, 2024
Settled retaliation claim under Pennsylvania Whistleblower Act and the Federal False Claims Act. , 2022
Negotiated the sale of closely held family business for $2M+., 2022
Advised on the negotiation and resolution of $500,000+ severance package for departing whistleblower employee, 2022
Negotiated the sale of closely held financial advisory business, 2022
Resolved $500,000 division of business dispute, 2022
Settled breach of contract and default judgment dispute worth over $600,000., 2022
Settled rental car theft misidentification case with national vehicle rental brand., 2022
Settled retaliation claim under Pennslyvania Whistleblower Act, 2021
Doubled the severance for terminated employee who claimed retaliation. , 2021
Settled post-sale escrows dispute on $1.6M+ sale of company transaction., 2021
Settled confession of judgment matter for approximately half of disputed value. , 2022
Settled contentious default judgment matter for client savings of ~$450,000, 2022
Settled dispute about ownership of computer code. , 2022
Settled contentious shareholder dispute on confidential basis., 2022
Negotiated YouTube content creator services agreement, 2021
Negotiated full clinical privileges for Physician , 2021
Negotiated multimillion dollar resolution of False Claims Act case, 2020
Won dismissal of counterclaims in breach of contract and non-compete case, 2020
Settled sexual harassment case against very large silicon valley entity, 2019
Settled several separate wrongful termination cases on behalf of different employees, 2019
Settled international breach of contract and letter of credit case, 2019
Settled highly contentious LLC dispute after other party absconded to Australia with money and intellectual property, 2018
United States Supreme Court unanimously affirmed earlier Federal Circuit en banc decision striking down Section 2(a) of Lanham Act as unconstitutional under the 1st Amendment. Matal v. Tam, 137 S. Ct. 1744 (2017), 2017
Won appeal before the Third Circuit affirming earlier district court trial victory in employment discrimination case. Jo A. Yochum v. FJW Inv., Inc., 715 F. App'x 174 (3d Cir. 2017), 2017
Arbitrated before settlement a $15M dollar fraud, insider dealing and breach of fiduciary duty action against General Partner of real estate company, 2017
Won judgment in highly contested defamation and breach of contract dispute in New Jersey state court, 2016
Successful in getting Section 2(a) of the Lanham Act struck down as unconstitutional under the 1st Amendment. In re Tam, 808 F.3d 1321 (Fed. Cir. 2015), as corrected (Feb. 11, 2016) (en banc), 2015
Won entire fairness trial in Delaware Chancery Court on behalf of minority unitholders in REIT. Ross Holding & Mgmt. Co. v. Advance Realty Grp., LLC, No. CIV.A. 4113-VCN, 2014 WL 4374261 (Del. Ch. Sept. 4, 2014)
Won breach of contract trial in New Jersey state court. Earlier in the case, won summary judgment as to all counterclaims, 2014

Representative Clients:

Represented TAF Whistleblower of the Year in FCA suit that was settled for nearly $6M after years of declined litigation. , 2024

Transactions:

Negotiated the departure and relocation of several real estate agents and helped them navigate their restrictive covenants and negotiate new packages with a new broker., 2021
Negotiated sale of closely held financial advisor business., 2021
Negotiated sale of closely held home health/care business., 2022

Special Licenses/Certifications:

Mediation Certification through Conflict Lab and Behrend Mediation Services

Pro bono/Community Service:

EEOC Volunteer Mediator

Honors/Awards:

Super Lawyers Rising Star, Super Lawyers
Avvo Superb Rating, Avvo
Pennsylvania, National Trial Lawyers list of the top 100 lawyers
AV Preeminent Rating, Martindale-Hubbell
Client Champion - Gold Rating, Martindale-Hubbell

Educational Background:

University of Pennsylvania Law School, JD., 2008
University of Michigan, BA, with distinction, Economics and Political Science, 2004

Scholarly Lectures/Writings:

CLE on False Claims Act, Instructor, False Claims Act Litigation, the Disclosure and Investigation, 2021
CLE on lead generation and conversion and ethics considerations, Instructor, Lead Generation and Conversion, 2021
CLE on False Claims Act, Instructor, Introduction to the False Claims Act - What Makes a Good Case?, 2021
FCA remains an important tool for deterring and remedying fraud against the government, Journal of the Allegheny County Bar Association, Jan. 1, 2021, at 9, Author, FCA remains an important tool for deterring and remedying fraud against the government, Journal of the Allegheny County Bar Association,, 2021
CLE on False Claims Act, Instructor, HCCA's Pittsburgh Regional Healthcare Compliance Conference - False Claims Act, 2020
In re Tam, 808 F.3d 1321 (Fed. Cir. 2015), as corrected (Feb. 11, 2016) (en banc), aff'd sub nom. Matal v. Tam, 137 S. Ct. 1744 (2017)., Appellate Lawyer, Favorable Federal Circuit and Supreme Court Decisions, 2017
Jo A. Yochum v. FJW Inv., Inc., 715 F. App'x 174 (3d Cir. 2017), Appellate Lawyer, Favorable 3d Cir. Decision, 2017
Ross Holding & Mgmt. Co. v. Advance Realty Grp., LLC, No. CIV.A. 4113-VCN, 2014 WL 4374261 (Del. Ch. Sept. 4, 2014), Lawyer, Favorable Decision from Delaware Chancery Court, 2014

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