Frank A. Chernak

• Successfully defended a traumatic brain injury case to a jury verdict in Philadelphia, PA.
• Successfully defended a traumatic brain injury case to a jury verdict in Boston, Massachusetts.
• Obtained a favorable settlement in Scranton, Pa. defending a school district involving a student alleging a TBI from a ski accident during a ski Club trip.
• Obtained a favorable settlement for an Illinois school district in a case involving a student who allegedly suffered a TBI in a school bus accident. This case involved more than 10 experts, 20 treating physicians, and 15 fact witnesses.
• Successfully defended employers and litigants in federal and state PA, IL, MD, and NJ court jury trials in civil assault, sex harassment, race discrimination, age discrimination, reverse-gender discrimination, national origin, harassment, Americans with Disabilities Act discrimination, whistleblower, and retaliation cases.
• Successfully argued a Fair Labor Standards Act case at the U.S. Court of Appeals for the Third Circuit involving 33 deputy sheriffs who claimed entitlement to overtime compensation for time spent waiting on call.
• Successfully argued a defamation case on behalf of a bank before the U.S. Court of Appeals for the Third Circuit.
• Successfully defended municipalities and private companies in employment or constitutional deprivation cases through discovery and the granting of summary judgment.
• Successfully argued for affirmance of the grant of judgment as a matter of law for a hospital before the U.S. Court of Appeals for the Third Circuit.
• Successfully argued the denial of an injunction in a First Amendment case before the U.S. Court of Appeals for the Third Circuit.
• Successfully tried a Fair Labor Standards Act case for a leading document management products company before U.S. District Judge Berle M. Schiller.

Pro Bono Experience

• Frank worked on a nationwide Clemency 2014 program and successfully reduced criminal sentences for two federal inmates. He also provides pro bono work for various veteran organizations.

• Speaker, “Preparing for Depositions and Litigation,” Bux-Mont HR Association, January 2025
• Panelist, “Legal Depositions in Sports Medicine,” National Athletic Trainers’ Association, June 2023
• Panelist, “Traumatic Brain Injury: Proving or Challenging the Existence and Extent of Brain Damage Using Expert Witnesses,” Strafford Webinar, July 2021
• Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” presented to entire workforce, including C-Suite of a private corporation, May 2021
• Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” presented to the Board of Directors of a private organization, November 2019
• Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” presented to entire workforce of a private company, October 2019
• Speaker, “Jury Trial Persuasion,” September 2019
• Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” March 2019
• Speaker, “Sexual Harassment and Respectful Behavior Training,” May 2018
• Speaker, “Implications and Handling of Sexual Harassment Complaints,” January 2018
• Speaker, “Conducting Investigations and Documenting Workplace Issues, and Litigation,” Montgomery McCracken’s 2017 Fall Forum for Colleges and Universities, October 2017
• Speaker, “HR Lessons Learned from Litigation,” March 2017
• Speaker, “Managing Attendance: How HR’s Action and Inaction can Impact Employment Litigation,” January 2017
• Speaker, “Management Training Program: Hiring, Firing, and Everything In Between,” May 2016
• Speaker, “Equal Employment Opportunity Management Training Program,” April 2016
• Speaker, “HR Lessons Learned from Litigation,” March 2016

• Co-Author, “Employee or Independent Contractor? Six factors to consider under new DOL rule,” January 2024
• Co-Author, “U.S. Supreme Court Increases Employer Burden for Religious Accommodations Under Title VII, in Groff v. DeJoy,” June 2023
• Co-Author, “FTC Proposes Total Nationwide Ban on Non-Compete Clauses,” January 2023
• Co-Author, “In a Landmark Decision, Supreme Court Rules Title VII Protects LGBTQ+ Workers,” June 2020
• Quoted, “What to Do When Workplace Relationships Lead to Harassment,” SHRM, May 2018

• Selected to The Best Lawyers in America® – Litigation – Labor and Employment list in 2027. This list is issued by Best Lawyers® and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
• Selected to the Pennsylvania Super Lawyers Employment Litigation: Defense list in 2009 and 2011-2026. The Super Lawyers list is issued by Thomson Reuters and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
• Honoree, Veterans of Influence, Philadelphia Business Journal, 2022
• Martindale-Hubbell “AV” rated. The “AV” rating is issued by Martindale-Hubbell and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
• Honoree, Philadelphia Business Journal’s 2019 Best of the Bar: Philadelphia’s Top Lawyers, Employment Litigation

Frank served on active duty and in the U.S. Air Force Reserves where he was promoted to the rank of lieutenant colonel. He flew more than 10,000 hours in a C-130 as a navigator for units in Arkansas and Pennsylvania. He served on active duty on the Arabian Peninsula during Desert Storm, flying 47 combat support missions. He is a recipient of the U.S. Air Force Air Medal, Air Force Meritorious Service Medal, Air Force Commendation Medal, Combat Readiness Medal, and the Small Arms Expert Marksmanship Ribbon.

• Vice Chair, Special Problems in the Administration of Justice (U.S.) Committee, American College of Trial Lawyers
• Master, University of Pennsylvania Inn of Court

• Parent Volunteer, Springside Chestnut Hill Academy New Parents’ Dinner
• Former Board Member and Secretary, Sunnybrook Golf Club