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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.

Caleb MacMain joins Whitemarsh Township Police Department 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 2nd 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. beyond-black-and-blue-panel-pic

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 6th 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.

The MacMain Law Group Successfully Defends 14 Cases for City of Vineland Officers The MacMain Law Group, 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. The MacMain Law Group, 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 The MacMain Law Group The MacMain Law Group, LLC 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 10th 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.

The MacMain Law Group Opens Second Location in New Jersey

The MacMain Law Group is pleased to announce the opening of a second office in in Cherry Hill, New Jersey.  The MacMain Law Group 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. The MacMain Law Group LLC 923 Haddonfield Road Ste 300 Cherry Hill, NJ 08002 p: 856.324.5376  

The MacMain Law Group 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.  The MacMain Law Group 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.