1735 Market Street
21st Floor
Philadelphia, PA 19103-7505
P: 215-772-7246
F: 215-772-7620
Biography
Jeremy D. Mishkin is a partner of the Litigation Department of Montgomery McCracken. From 1996 until 2003, he served as managing partner of the firm. His practice emphasizes complex commercial matters, catastrophic injury, technology, the Internet and First Amendment/Media Law issues. He has handled litigation and served as national and regional counsel for corporate clients who have been sued in numerous product liability lawsuits in multiple jurisdictions. He has tried cases involving RICO, libel, computer hardware and software, complex mechanical products and industrial chemicals.
Selected Representations
- Represented Internet information search company Intelius in successfully moving to dismiss Internet defamation, New Jersey Consumer Fraud Act and various other common law and statutory claims in New Jersey federal court
- Designated National Coordinating Counsel for companies facing product liability, industrial equipment design and toxic substance exposure litigation
- Represented higher education clients in catastrophic personal injury litigation
- Represented Fire and Safety industry defendants in large-scale commercial, residential and industrial accidents
- Defended defamation, intellectual property and cyber-liability claims against organizations and individuals
- Courtroom experience includes a three-and-a-half-month jury trial involving claims for more than $26 million arising from an alleged multi-national corporate fraud relating to the estate of Reggae-music star Bob Marley
Selected Publications
- Quoted in, “A Supreme Court CFAA Decision Could Give Terms of Service More Legal Bite,” Legaltech News, December 9, 2020
- Co-author, “TikTok Rulings May Clarify Scope Of Economic Powers Law,” Law360, December 7, 2020
- Co-author, “Is Free Speech Online About To Get A Lot Less Free?” November 2020
- Co-author, “Legal Battles Over Trump Administration’s TikTok Ban Reach Appellate Courts,” November 2020
- Co-author, “FTC Signals Intent to Focus on Use of Social Media Bots in Advertising,” September 2020
- Co-author, “Understanding Your Students’ First Amendment Rights is a “Snap”,” July 2020
- Quoted in, “Court Silences Woman Who Spoke Out About Grandchild’s Abuse in Philadelphia Foster Care,” The Legal Intelligencer, November 27, 2018
- Quoted in, “NY Lawyer Decries ‘Anything Goes’ Atmosphere at Title IX Hearings,” The New York Law Journal, September 13, 2018
- Quoted in, “Spanier Conviction a Likely Blow to Civil Suits Over Freeh Report,” The Legal Intelligencer, March 28, 2017
- Quoted in, “3-D Printing Set to Disrupt Products Liability Law,” The Legal Intelligencer, May 24, 2016
- Quoted in, “When Restraining Orders Cover Social Media Communications,” Law360, March 3, 2016
- Quoted in, “Will Revamped High Court Favor Products Liability Plaintiffs?” The Legal Intelligencer, February 19, 2015
- Quoted in, “Attorneys Await Answers on Key Products Liability Questions,” The Legal Intelligencer, February 12, 2016
- Quoted in, “Products Liability an ‘Unnerving New World’ Since ‘Tincher’,” The Legal Intelligencer, February 5, 2016
- Quoted in, “5 Social Media Land Mines Lawyers Should Avoid,” Law360, July 31, 2015
- Quoted in, “Hazing, Harassment Suits Part of Litigation ‘Explosion’,” The Legal Intelligencer, June 16, 2015
- Quoted in, “Lehigh DA Jim Martin Sues Over Blogger’s ‘Personal Animus’ ,” The Morning Call, February 11, 2015
- Quoted in, “Whisper Shouts Denials of Tracking Allegations,” E-Commerce Times, October 20, 2014
- Quoted in, “Attorney Slams Google for Making Money Off Nude Celeb Pics,” E-Commerce Times, October 2, 2014
- Quoted in, “Donald Sterling Story Is Cautionary Tale About Dangers of Secret Recordings,” Asbury Park Press, June 3, 2014
- Author, “The Computer Fraud and Abuse Act – Underused? Overused? Misused?,” Media Law Resource Center Bulletin, May 2014
- Quoted in, “Privacy Concerns? What Google Now Says It Can Do with Your Data,” The Christian Science Monitor, April 17, 2014
- Quoted in, “Attorneys Prepared to Keep Waiting for Restatement Decision,” Pennsylvania Law Weekly, April 8, 2014
- Quoted in, “Brits Hoovered Yahoo Webcams, Say Snowden Papers,” E-Commerce Times, February 24, 2014
- Author, “Could Social Media Ruin Your Company?,” The Legal Intelligencer, May 7, 2013
- Quoted in, “Phila. Firm Honored for Its Support of Troops in Iraq,” The Legal Intelligencer, May 28, 2010
- Author, “Mom Beats Prince: DMCA Takedown Notice Bites Back,” Media Law Resource Center’sInternet Law Treatise, March 15, 2010
- Author, “Master of Your Domain-An Overview of the Anticybersquatting Consumer Protection Act,” American Bar Association Forum on Communications Law, August 30, 2007
- Author, “Privacy 2.0” and “Protect Yourself At All Times: Libel Online in the 21st Century,” DRI Technology Newsletter, January 2005
- Author, “The Paper It’s Written On,” American Bar Association Litigation, Summer 1999
Selected Speaking Engagements
- Presenter, “Internet Defamation,” Pennsylvania Bar Institute (PBI), February 2018
- Presenter, “Internet Defamation,” Pennsylvania Bar Institute (PBI), March 2016
- Presenter, “Internet Law Update 2015,” Pennsylvania Bar Institute (PBI), March 2015
- Moderator, “Working with/Cross-examining Experts in Chemical Exposure Litigation,” American Conference Institute’s Chemical Products Liability & Environmental Litigation seminar, April 2014
- Speaker, “Internet Law Update 2014 – The First Amendment Online,” Pennsylvania Bar Institute (PBI), March 2014
- Course planner and faculty member, “Internet Defamation,” Pennsylvania Bar Institute (PBI), March 2014
- Speaker, “Nobody Expects the Spanish Inquisition – An Introduction to Enterprise Risk Assessments,” Montgomery McCracken’s Fall Forum for Colleges and Universities, October 2013
- Speaker, “Internet Law Update 2013,” Pennsylvania Bar Institute (PBI), April 2013
- Presenter, “Computer Fraud and Abuse Act – From the Basics to the Cutting Edges,” Media Law Resource Center’s Internet Law Committee seminar, December 2012
- Presenter, “Internet Defamation,” PBI’s CLE Down the Shore, August 2012
- Speaker, “Religion in Public Spaces – the December Dilemma,” December 2011
- Speaker, “Social Media Challenges in the Workplace,” Burlington County Bar Association,” October 2011
- Panelist, Chemical Products Liability and Environmental Litigation Conference, April 2011
- Presenter, “Online Communications Law,” PBI’s Internet Law Update 2011, April 2011
- Speaker, “University Discipline: Speech Codes and the First Amendment,” Montgomery McCracken’s Fall Forum for Colleges and Universities, October 2010
- Panelist, “Internet Defamation,” PBI seminar, August 2010
- Presenter, “Freedom of Speech in Cyberspace”
- Presenter, “Fair Press/Fair Trial: The People v. O. J. Simpson”
Community Involvement
Jeremy is co-chair of the Leadership Council for Community Legal Services, was the Democratic candidate for Commissioner in the 6th Ward of Lower Merion Township, and was a two-term president of the Wynnewood Civic Association. He has also served on the board of directors of the Support Center for Child Advocates and Lower Merion Community Watch. In the past year he has lectured on Internet law, online defamation, legal issues in social networks and privacy. He has lectured on “First Amendment, Privacy and Intellectual Property Issues in E-Commerce” several times in the University of Pittsburgh Executive MBA program At the Temple University James E. Beasley School of Law, he was named an adjunct professor and currently teaches Advanced Civil Procedure. He has been a member of the faculty of “Internet Law Update,” an annual CLE seminar for Pennsylvania attorneys since its inception in 1995.
Honors & Awards
- Named to Pennsylvania Super Lawyers, 2019-2020
Professional Activities & Achievements
- The Awesome Foundation (Philadelphia Chapter)
- Trustee
- Editorial board of The Legal Intelligencer, chair
- Media Law Resource Center
- Co-chair of the Internet Law Committee
- American Bar Association, Litigation Section
- Past member of the Task Force on E-Commerce and Alternative Dispute Resolution
- Philadelphia Bar Association
- Large Firm Management Committee, Prior three-term chair
Academic Achievements
Jeremy received a B.A. degree in Political Science in 1976 from Indiana University in Bloomington, Indiana. As an undergraduate, he served two terms as president of the Alpha Epsilon Pi fraternity. He also worked at student-run WIUS Radio. He joined Montgomery McCracken after earning his J.D. degree from the University of Pennsylvania Law School in 1979. While in law school, he was vice chairman of the Moot Court Board, a student member of the admissions committee, and a commercial law research assistant.