Jay Barry Harris Attorney

Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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AKA: Harris Jay Barry
Categories: Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Automobile Accident Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Contract Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Employment Discrimination Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Labor & Employment Law Attorneys, Landlord & Tenant Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Patent, Trademark & Copyright Law Attorneys, Personal Injury Law Attorneys, Personal Property Law Attorneys, Professional Liability & Negligence Law Attorneys, Real Estate Attorneys, Sexual Harassment Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (215) 893-9300

Address: 1735 Market St, Philadelphia, PA 19103

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Jay Barry Harris Attorney

Adoption
Premarital Agreement
Guardianship
Child Abuse
Since returning to our firm, Diane also has been retained to provide training to private school staff on compliance with mandatory reporting of suspected child abuse. She provides guidance and training to school administration and faculty on school policies and procedures to ensure compliance with applicable statutes and civil rights laws.

Wrongful Death
Representation of Design Engineer on redecking project of a major suspension bridge in wrongful death action by construction worker. Obtained summary judgment dismissing engineer from case.
Fraud
Barry began his career as a judicial law clerk to a United States District Court Judge. He then served as senior trial attorney in the National Office of the Chief Counselâ€™s Office of the Internal Revenue Service (â€œIRSâ€ ). When there, he represented the IRS Commissioner in many court cases. His representation included highly visible matters such as enforcement of the nondiscrimination policy for tax-exempt schools and tax fraud cases. This experience has been a great benefit in representing clients before the Appeals Office of the IRS and in the United States Tax Court, District Courts and Court of Federal Claims.
Embezzlement
Fineman Krekstein & Harris attorneys successfully represented a bank against claims from a customer that embezzlement by the customer’s employee should have been detected by the bank.
Homicide
Manslaughter
Represented an insurance carrier that was sued for breach of contract and bad faith arising out of the insurerâ€™s denial of coverage for a civil law suit in which the insured allegedly accidently killed the decedent.Â The insured pleaded guilty to involuntary manslaughter admitting that he had an imperfect claim of self-defense, when he struck the decedent with a loaded pistol that accidently discharged, killing the decedent.Â Agreeing with our interpretation of the criminal acts exclusion in the insurance policy, the court found that the insurer acted properly in denying coverage because it was the criminal nature of the act, not the degree of criminal culpability, which triggered the applicability of the exclusion.

Business and Corporate Law

Corporate Law
Resolved an inter-generational family business dispute with a successful business and estate plan involving a recapitalization of the operating business and separate ownership of the business real estate. Prepared shareholder agreements and partnership agreements, as well as integrated estate plans.
Mergers and Acquisitions
Our corporate practice is also diverse and includes work in: tax-related issues; estates and trusts; real estate and corporate transactions; mergers and acquisitions; emerging E-commerce organizations; business organization and corporate finance.
Business Disputes
Our litigation practice runs the gamut – from complex civil lawsuits to international business disputes, real estate assessment appeals and environmental and employment matters.
Business Transactions
Construction Contracts
Various custom-tailored presentations to clientsâ€™ staff involving administration of construction contracts and minimizing potential for litigation on construction projects
Trade Secrets
Intellectual Property
Unfair Competition
Successful defense of manufacturer against lawsuit alleging misappropriation of trade secrets, unfair competition and tortuous interference with contract. Defeated motion by plaintiff-competitor for preliminary injunction which would have effectively closed clientâ€™s business, and after initial discovery, settled claim for monetary damages for payment of nominal amount.
Antitrust

Wrongful Termination
Represented an employer in a private industry arbitration that went on over the course of a year and was successful in defeating the employeeâ€™s wrongful termination and lost income claims.Â The employee argued that he was owed compensation based upon a securities trading formula, and the employer denied applicability of that formula. The industry arbitration panel ruled that no compensation was due.
Employment Discrimination
Represented a local oil company in a race discrimination claim, filed in a Pennsylvania Federal Court, by an employee, following a work-related infraction.Â Citing lighter penalties imposed on non-minority employees who committed similar infractions, the plaintiff, an African American male, claimed that he was terminated from his job because of his race.Â The defense proved, however, that the plaintiffâ€™s history of work related infractions was more extensive than any of the other employees who had committed similar offenses and that the plaintiff was terminated because of his inability to perform his job properly, not due to his race.Â After a bench trial, the court ruled in favor of the oil company.
Employment Litigation
The firm provides a full-range of legal services and business solutions. The litigation attorneys handle complex civil and commercial litigation, products liability, toxic torts, transportation and insurance matters. Corporate attorneys advise clients on tax-related issues, employment disputes, real estate matters and finance. The attorneys work collaboratively to provide a comprehensive solution designed to address the clientsâ€™ specific needs.
Non-compete Agreement
Trade Secrets and Agreements Not to Compete, Chapter on New Jersey Non-Compete Agreements in national compendium published by the Defense Research Institute, 2008 and 2012
Severance Agreement
Scott H. Mustin is a partner in the firm’s corporate and tax law group. He concentrates his practice in business, tax, estate planning, estates andÂ trust andÂ administration and real estate law. He has provided services in connection with complex business acquisitions, dispositions, financing matters, partnership and shareholder transactions and professional practices. Mr. Mustin has also represented numerous employers and employees in the negotiation, drafting and review of employment and severance agreements.
Sexual Harassment

Real Estate Litigation
Fineman Krekstein & Harris has vast experience in all aspects of real estate law, both on the transactional side and the litigation side.Â Our attorneys have assisted clients in all phases of real estate development, ownership, management and leasing; negotiated agreements of sale, analyzed and resolved environmental problems, and successfully guided clients through local governmental approvals. We have helped clients obtain financing and have negotiated complex loan documents.
Premises Liability
Diane practiced with our firm for 24 years and returns after serving for ten years as Assistant General Counsel for the School District of Philadelphia. As head of the Tort and Civil Rights Unit in the Office of General Counsel for the eighth largest school district in the United States, Diane defended the School District in hundreds of matters with an emphasis on civil rights claims brought under 42 U.S.C. Section 1983, premises liability and vehicular liability. She was lead counsel in major jury trials, arbitrations and mediations.
Construction Litigation
We provide legal representation of condominium, cooperative, and homeowner associations relating to document drafting, interpretation and amendment, transition issues, litigation matters, contract negotiation and drafting, covenants and rules drafting and enforcement, advice and counsel to governing boards, government regulation issues, election and voting issues, construction defect and warranty issues, capital projects, municipal licensing and delinquency collections.
Real Estate Transactions
Mr. Krekstein’s clients include national shopping center developers, real estate investment trusts, commercial real estate owners and developers, major lending institutions, and other institutional corporate clients, as well as family-owned businesses and professional athletes. He has provided services in connection with numerous complex real estate transactions and other business acquisitions, mergers and dispositions.
Eminent Domain
Eminent domain: disputes over valuation and right to take real property for public works projects and energy developments, including natural gas facility in Northeast Pennsylvania and including highways and bridges.
Easement
Land Use and Zoning
Landlord-Tenant Disputes
Property Damage
Represented a major oil company in a class action and hundreds of individual cases alleging personal injury and property damage arising from environmental contamination.
Condominium Law
Firm Website â€“ “Legal News Alert â€“ Condominium Association’s Authority to Enforce Rules to Abate a Nuisance and Ensure Peaceful Enjoyment Affirmed by Philadelphia Court”, May, 2008; “Legal News Alert â€“ Philadelphia Court Decides Important Case on Condominium Law Confirming Association Board’s Authority and Validating Governing Documents”, July, 2007

Personal Injury
Won summary judgment on behalf of a car rental company in a personal injury action where the plaintiff alleged that he was struck by a vehicle owned by car rental company while crossing the street.Â Plaintiff claimed the vehicle fled the scene following the accident.Â The defense successfully argued that Plaintiff failed to produce sufficient evidence to show that the vehicle involved in the accident was owned by the car rental company since Plaintiff was not able to recall the license plate number nor any other identifying information. In addition, the defense provided information to show that the rental car alleged to have been involved in the accident had been returned to the rental car company thirty minutes prior to the accident.
Medical Malpractice
During law school, Rachel served as a Judicial Extern for the Honorable Anne E. Lazarus of the Superior Court of Pennsylvania, participated in pro bono projects including but not limited to Child USAdvocacy and the Hebrew Immigrant Aide Society, was a faculty research fellow for Associate Professor Pamela Quinn, and received two CALI Excellence for the Future Awards in her International Business Transactions and European Union Data Privacy courses. Prior to joining the firm, Rachel clerked for two highly-acclaimed law firms in the City of Philadelphia, specializing in business and employment law, personal injury, and medical malpractice. Rachel has worked, studied, and researched in a legal capacity for over seven years, even in her undergraduate studies, where she: majored in Legal Studies and minored in Spanish; participated in a number of honors societies and professional organizations; was a Diamond Peer Teacher for the Legal Environment of Business course for Dr. Samuel D. Hodge, Jr; and interned at the Philadelphia District Attorneyâ€™s Office in the Homicide Unit.
Auto Accidents

Trusts and Estates

Estate Planning
Fineman Krekstein & Harris’s tax attorneys represent clients before judicial and administrative tribunals in connection with local, state and federal tax controversies. Our attorneys regularly interact with the Internal Revenue Service at audit, appeals office and trial on behalf of individuals, businesses and trust and estates. We also provide representation in criminal tax investigations.
Wills
Probate Litigation. Our group practices extensively before probate courts in a variety of cases involving surcharge, tax issues, will contests, and will construction matters.
Trusts
Insurance Planning. Our attorneys have substantial experience in the uses of life insurance for business and personal planning, including funded buy-outs, leveraged purchases of insurance, irrevocable trusts, and dynasty trusts.
Power of Attorney
Probate

Bankruptcy
Fineman Krekstein & Harris represents all types of clients with respect to commercial lending in state and federal courts. Our clients include banks, finance companies, equipment financiers and factoring companies. We can handle documentation work, and have also handled workouts and restructurings regarding troubled commercial financial arrangements and loans. In bankruptcy litigation, we represent lenders that have been involved from First Day Cash Collateral and other hearings through Plan Confirmation.
Tax Law
Business Planning. We regularly advise on issues of business continuity, family succession planning, family limited partnerships, shareholdersâ€™ agreements, buy-sell agreements, estate freezes, and various tax-deferral devices. We also advise on the formation, operation and tax planning opportunities for S corporations, LLCs, and partnerships.
Debt Collection
The Firm was successful before the New Jersey Superior Court Appellate Division in obtaining affirmance of summary judgment in a Fair Debt Collection Practices Act case.

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