Career Biography

Philip A. Magen is a member of Zarwin Baum’s commercial litigation practice group. His practice emphasizes all areas of business litigation, including business torts, contracts, construction, creditor’s rights, lender liability, receivership, unfair competition, real estate and products liability.

Phil has also been involved in all aspects of civil litigation from www.puretime-real.co inception through conclusion, including arbitration, trial, complex settlement and appeal. He has comprehensive experience with trial preparation to include depositions, written discovery and persuasive brief writing. Phil has achieved an “AV” rating from Martindale Hubbell.

Prior to joining Zarwin Baum, Phil was a partner at Sheppard, Mullin, Richter & Hampton, LLP in its San Diego, California office. His practice now includes the state and federal courts of Pennsylvania and New Jersey.

Representative Matters

Successfully prevailed at trial on behalf of a lender which sought to foreclosure on a defaulted commercial loan. In defense of the foreclosure action the borrower argued the lender’s mortgage was unenforceable because the borrowers’ spouse co-owned the collateral but did not sign the mortgage, the mortgage was signed by an agent acting under an unenforceable power of attorney, the loan was procured by fraud and the interest rate was commercially unreasonable. After a multiple day trial all of the borrowers’ defenses were rejected and judgment was entered in favor of the lender.
Successfully obtained summary judgment on behalf of residential property owners against a prior owner who claimed the property had wrongfully been the subject of a tax sale. Mr. Magen successfully argued on summary judgment that the prior owner lacked standing to challenge current ownership and that the current owners were bona fide purchasers under Delaware law.
Negotiated the favorable settlement of an action brought by a title insurer to recover sums paid under a title insurance policy. A dispute arose between two mortgage holders regarding the priority of their mortgages. After trial the mortgage subject to the title insurance policy was found to be in a junior lien position. Mr. Magen was then retained by the title insurer to recover sums paid by the title insurer to insure a first priority lien position for the insured mortgage. Mr. Magen commenced suit on behalf of the title insurer against the closing agent arguing that the closing agent negligently caused the insured mortgage be in a junior lien position. A favorable settlement was negotiated with the closing agent.
Defended financial institutions against lender liability claims.
Represented both landlords and tenants in breach of lease disputes.
Represented financial institutions seeking protection and distribution of loan collateral.
Represented both employers and employees in covenant not to compete litigation.
Defended a municipality in an action claiming that refusal to allow a sexually oriented business to operate was unconstitutional.
Represented real estate sellers, buyers and brokers in breach of contract actions.
Defended financial institutions in actions brought under the Electronic Funds Transfer Act.
Represented gasoline distributors and retailers in disputes under the Petroleum Practices Marketing Act.
Represented manufacturers and consumers in product liability actions.
Represented financial institutions in disputes regarding the priority of security interests.
Represented both shareholders and corporations in breach of fiduciary duty/duty of loyalty disputes.
Defended a municipality alleged to have violated the New Jersey Civil Rights Act.
Represented a large financial institution seeking coverage under a financial institutions bond for employee disloyalty.
Defended a business against a false advertising claim brought by the Pennsylvania Attorney General.
Defended numerous businesses against allegations of unfair business practices.
Represented developers, general contractors and subcontractors in construction defect litigation.
Provided representation to court appointed receivers, including defending their actions and advising as to their appointed duties.
Represented plaintiffs and defendants in breach of commercial contract disputes.
Represented plaintiffs and defendants in business fraud disputes.
Successfully represented litigants at trail, arbitration and injunction proceedings.
Secured on behalf of bank a multi million dollar settlement against the issuer of its financial institutions bond resulting from commercial loan defaults that the bank claimed were caused by multiple acts of employee dishonesty.