Timothy W. Callahan, II

Tim Callahan is general counsel of Saul Ewing LLP.  He draws on this experience and his insight from serving as chair of the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility to assist law firms and other attorneys who are facing claims related to the practice of law, including malpractice.  His work includes handling matters involving loss prevention, attorney-client privilege, work product privilege and the unauthorized practice of law.

His defense of attorneys in legal malpractice cases is informed by over 30 years of experience handling complex commercial litigation, including work for financial institutions and insurance companies, as well as bankruptcy matters.  He also prosecutes and defends non-competes, covenants, trade secrets and other intellectual property issues for companies in a variety of industries including insurance, consulting and high tech. 

Legal practice matters

Tim has been at the center of the evolution toward law firms appointing their own general counsels to handle internal legal matters and provide advice. This contributes to his insight in both defending malpractice claims as well as advising clients on strategies and techniques to minimize the risks of facing such claims. His experience includes:

  • Developing programs designed to help prevent lawyer mistakes
  • Developing loss prevention training for lawyers
  • Advising attorneys on issues arising under the Pennsylvania Rules of Professional Conduct, such as potential conflicts of interest issues and alleged violations of Rule 11
  • Advising clients on the risks of multi-party engagements
  • Representing law firms in claims brought in bankruptcy litigation

Commercial litigation and bankruptcy matters

Tim’s experience as a litigator extends back to the days of the thrift industry crisis in the late 1980s, when he was responsible for managing Saul Ewing’s work for what is now the Federal Deposit Insurance Corporation.  Currently, much of his litigation work focuses on bankruptcy matters.  Select representations include:

  • Assisted with a large insurance company bankruptcy matter, including handling  various discovery issues as well as tax and actuary witnesses at trial and working extensively with expert witnesses.
  • Represented a local bank in a claim brought by the Pennsylvania Client Security Fund arising from an attorney who routinely misused his powers of attorney over client trusts and estates accounts.

Intellectual property matters

Tim has represented both former employers as plaintiffs and departing employees as defendants  in cases involving employee departures.  These cases usually involve claims under covenants not to compete as well as claims for theft of trade secrets.  His work has included bringing or defending preliminary injunctions and handling temporary restraining order hearings in federal and state courts.

Select representations include:

  • Persuaded a Delaware County Court not to preliminarily enjoin an employee from working at a competitor even though the court found that there was an enforceable covenant not to compete on the grounds that the plaintiff had made an inadequate showing of immediate irreparable harm
  • Tried a case brought against a departed employee real estate broker on a liquidated damages claim contained in an employment agreement

In addition, Tim also handles real estate property tax appeals in the Courts of Common Pleas involving complex valuation issues of office buildings and special use properties, such as a landfill and surrounding support areas.

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