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Career Biography

Anthony R. Twardowski joined Zarwin Baum in 2009 and is the Chairman of the Commercial Litigation Department, in which he concentrates his practice on complex commercial litigation, including surety, fidelity, construction, bad faith, insurance coverage and related issues. Anthony also has extensive litigation expertise in a wide variety of substantive commercial areas, such as lender liability, insurance liquidation, professional malpractice, partnership disputes and corporate governance, intellectual property, creditor rights and real estate. His broad experience includes numerous jury and non-jury trials before a number of state and federal judges, as well as many arbitration/mediation proceedings.  In addition, Anthony has significant skill in international litigation, having overseen parallel litigation for many years, involving substantial surety, construction and indemnity claims, pending in New York federal court and in various courts throughout Brazil.

Anthony received his B.B.A., magna cum laude, from Temple University in 1979. At graduation, he was presented with the Temple School of Business prestigious Economics Award for achieving the highest grade point average in that major. Anthony continued his education at Temple’s School of Law, where he received his J.D., cum laude, in 1982 after serving as an editor of the Temple Law Quarterly. Following graduation, he clerked for two years for the Honorable Harry A. Takiff of the Philadelphia Court of Common Pleas and spent the next 25 years at Wolf Block, a large Philadelphia-based law firm, where he was a partner since 1991.

Anthony is admitted to practice in Pennsylvania and before the United States District Courts for the Eastern, Middle and Western Districts of Pennsylvania and the United States Court of Appeals for the Third Circuit. He also has appeared before state and federal trial and appellate courts in California, Colorado, Delaware, Florida, Massachusetts, New Jersey, New York and Texas.

Anthony’s professional activities include involvement with the National Bond Claims Association, the Surety Claims Institute, the Philadelphia Surety Claims Association, the American Bar Association (Litigation Section, Tort and Insurance Practice Section and Forum on the Construction Industry), Pennsylvania Bar Association and Philadelphia Bar Association.

Representative Matters

Obtained dismissal on appeal of a class action brought against a fitness facility under New Jersey’s Truth in Consumer Contract Warranty and Notice Act. Adopting the arguments presented in the briefing and at oral argument, the Appellate Division reversed the entry of judgment in plaintiff’s favor and further reversed the order certifying a class. The Appellate Division then remanded the matter to the trial court with directions to enter judgment in favor of the fitness facility, thus ending a multi-year legal battle and eliminating, in its entirety, a multi-million dollar potential class liability.

Defended two large American insurance companies, in parallel litigation pending in New York Federal Court and courts throughout Brazil, in connection with performance and payment bonds written to facilitate the construction of two oil drilling platforms off the coast of Rio de Janeiro.  The cases spanned nearly ten years and involved complex construction and surety issues, questions of international sovereignty and matters of foreign law, with over $500 million at stake. 

Secured by way of summary judgment and trial awards for co-sureties against various indemnitors totaling in excess of $300 million.
 
Assisted in due diligence review of reserves and claims handling in connection with national insurer’s potential acquisition of mid-market surety business.
 
Negotiated and oversaw numerous tender and completion agreements on behalf of surety whose principal  defaulted on a number of municipal highway contracts.
 
Successfully defended insurer against lawsuit alleging bad faith claims handling in connection with employee dishonesty loss under Financial Institution Bond.
 
Settled on favorable terms lawsuit brought by bank asserting claims for data processing coverage under Financial Institution Bond.
 
Secured on behalf of bank a multi million dollar settlement against the issuer of its Financial Institution Bond resulting from commercial loan defaults that the bank claimed were caused by multiple acts of employee dishonesty.
 
Obtained summary judgment on behalf of national home builder in connection with multi-million dollar claims asserted by a competitor for breach of contract and unfair competition.

Negotiated a favorable settlement on behalf of a national mobile medical services provider which was owed a total of nearly $1.5 million from multiple different medical facilities located in several states.  Rather than sue each financially struggling facility with which the client had contracts separately, in multiple lawsuits spread throughout multiple states, a single lawsuit was brought against the common management company that serviced each facility, despite there being no contractual relationship between the client provider and the management company.  The novel theories of liability developed and asserted against the management company enabled the client to seek recovery of the total owed - in one lawsuit, against a single financially sound party, which eventually agreed to settle the matter through payment of a substantial portion of the amount at issue.

Successfully defended to nominal settlement manufacturer of window sealant in connection with construction defect claims resulting from water infiltration at multi-unit condominium.
 
Settled for exchange of mutual releases, with no monetary payment, multi-million dollar claim asserted against general contractor involving the construction of a high-end condominium development.
 
Secured voluntary dismissal with prejudice of claim brought by one electrical subcontractor against another in connection with the construction of a large office building in Philadelphia, PA.
 
Settled delay/impact claim brought by general contractor for significantly less than amount demanded following a four month arbitration involving the construction of co-generation power plants, during which owner-client secured from the panel a number of favorable rulings in “mini-trials” on claimed change orders.
 
Secured favorable settlement for real estate investment trust in connection with delay claims asserted against it by tenant, the operator of an upscale restaurant chain.
 
Obtained arbitration awards of $5 million and $3 million plus court-approved settlement of $1 million, in three separate claims of oppression asserted by minority shareholders against majority.
 
Won dismissal of lawsuit brought by unit owners of high-end condominium accusing a property management firm, and one of the named developer defendants, of orchestrating and participating in a three-year long, multi-million dollar scheme to defraud and mislead them into their purchases. 
 
Prosecuted to successful settlement ten cases brought by the liquidators of Reliance Insurance Company and Legion Insurance Company against insureds and managing general agents in both Pennsylvania and California.
 
Secured favorable settlement on behalf of small software company in copyright infringement suit brought against a major medical device company.
 
Successfully defended insurance brokerage in wage and hour claim brought by former employee and secured from former employee substantial monetary settlement in connection with alleged breaches of employment contract.
 
Successfully defended two Delaware limited liability companies in litigation brought by one of their members seeking the appointment of a liquidating trustee to oversee the winding up of the companies’ affairs.  On the eve of an evidentiary hearing, based on the detailed and comprehensive briefs and affidavits submitted on behalf of the LLCs, the Delaware Chancery Court determined that a hearing was unnecessary, denied the motion to appoint a trustee and dismissed the litigation in its entirety.

News & Events:

Recent Successes:

Anthony R. Twardowski

Chairman - Commercial Litigation Department
P: 267.765.9621
F: 267.765.9671
artwardowski@zarwin.com
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Office:
Philadelphia, PA

PRACTICE AREAS
Business Practice Group
Commercial Litigation
Financial Services
Professional Liability
 
BAR ADMISSIONS
Pennsylvania, 1982
 
COURT ADMISSIONS
Third Circuit Court of Appeals
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
 
EDUCATION
B.B.A. Temple University, 1979 (Magna Cum Laude)
J.D. Temple Law School, 1982 (Cum Laude)
 
MEMBERSHIPS
National Bond Claims Association
Surety Claims Institute
American Bar Association
Pennsylvania Bar Association
Philadelphia Bar Association
 
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