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Oldrich Foucek, III

Member | Pennsylvania

Oldrich Foucek III is a founding partner of the Pennsylvania office and serves on the firm’s compensation committee. During his career, Ollie (pronounced O-Lee) has offered advice, litigated and favorably resolved disputes for business clients with regard to a wide range of substantive issues, including:

  • Architects/Engineers liability
  • Construction disputes
  • Shareholders’ disputes
  • Wrongful discharge
  • Employee restrictive covenants
  • Corporate governance
  • Student and physician discipline
  • Real estate tax exemptions
  • Software licensing
  • Insurance coverage
  • HMO liability
  • Title VII
  • ADEA
  • ADA
  • ERISA
  • Securities fraud

In addition, Ollie has appeared, and successfully argued appeals, before the Pennsylvania Supreme, Superior and Commonwealth Courts, as well as The United States Court of Appeals for the Third Circuit.

Ollie also assists entrepreneurs, including those with emerging technologies, in the formation of business entities and advises them throughout the process of growing their businesses.

Over the years, Ollie has been very involved in the community. Currently, he chairs the Allentown City Planning Commission and the Friends of Zoellner Arts Center, and he is a member of the board of advisors of The Allentown Art Museum and the board of the Allentown Neighborhood Improvement Zone Development Authority (ANIZDA). He is general counsel for The Greater Lehigh Valley Chamber of Commerce and secretary of Saucon Valley Country Club. He has been active as a volunteer at Lehigh University, serving his alma mater in a number of capacities, including nine years as a trustee and a term as president of the Alumni Association. Previously, Ollie also served on the Board of the Pennsylvania Stage Company (including a term as president) and Touchstone Theatre.

Video by ASR Media Productions.

Publications

  • Represented a manufacturer, in an action brought by a disgruntled shareholder who sought the appointment of a custodian and a liquidating receiver after the assets were sold to a newly formed corporation, whose shareholders were some, but not all, shareholders.  The Plaintiff alleged that the new entity and its shareholders had usurped the assets and business opportunities of the manufacturer.  However, the manufacturer had not been operating for several years and had no assets, income, or facilities at the time the action was filed.  Accordingly, Ollie argued that the appointment of a custodian and a receiver would be futile, as all available assets were already liquidated and the proceeds had been distributed to the shareholders, including the Plaintiff, leaving no role for a custodian or receiver.  Summary judgment was granted in favor of the manufacturer.
  • Successfully defended a healthcare insurer in the first malpractice/HMO liability suit to be tried in Pennsylvania, resulting in a settlement after an eight (8) week trial with no liability to the client.
  • Successfully defended three (3) local hospitals against attempts to revoke their tax exempt status.
  • Represented a local hospital in a proceeding, initiated by a retired judge and prosecuted by Commonwealth’s Attorney General, wherein the hospital’s non-profit, charitable status was at issue, with a decision favorable to the client following trial.
  • Represented an employer in a case in which the 3rd Circuit Court of Appeals rendered a favorable, precedential opinion on issues relating to the enforceability of restrictive (non-compete) covenants.
  • Successfully defended a local City in an action brought to challenge the manner in which its residential rental unit licensing and inspection program operated and, particularly, the amount of fees charged to landlords, with all claims dismissed following trial.
  • Successfully defended a large employer against claims of sex-based discrimination, harassment and slander.
  • Successfully defended a RICO class action against several businesses and their principals engaged in Merchant Cash Advance (MCA) financing alleging, inter alia, violations of federal and state banking, usury and discrimination statutes and common law fraud.
  • Successfully defended a health insurer in a class action challenging utilization review policies and practices.
  • Successfully defended an architectural firm in a suit brought by local college as a result of structural deficiencies in a classroom building.
  • Represented a local hospital in only “right to die” case to reach Pennsylvania Supreme Court, with result favorable to client.
  • Represented a Lehigh Valley municipality in federal CERCLA water pollution case, with results favorable to client.
  • Represented a local City and its economic development authority in acquiring, following negotiation and/or eminent domain proceedings, approximately 40 parcels on one city block in order to facilitate the construction of an arena, hotel, office building and parking decks.
  • Represented a local Chamber of Commerce through a series of mergers which resulted in the client becoming a truly regional entity and the 2nd largest Chamber in Pennsylvania.

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