1735 Market Street
21st Floor
Philadelphia, PA 19103-7505
P: 215-772-7250
F: 215-772-7620
Biography
Joseph E. Samuel, Jr. is an associate in Montgomery McCracken’s Litigation Department. Joe has experience litigating cases and counseling clients on a diverse range of areas, including complex commercial litigation, patent and trade secret infringement, administrative law, bankruptcy, products liability, and real estate. As part of his practice, Joe has argued motions and handled evidentiary and dispositive hearings, including taking part in Pennsylvania’s first-ever remote videoconference proceeding in April 2020.
Additionally, Joe represents clients in proceedings against governmental or administrative agencies, with a particular emphasis on cases before the Commonwealth Court of Pennsylvania and other state and federal courts to compel government action (mandamus). This experience also includes litigation against the federal government under various statutory regimes, including the Privacy Act, the Federal Tort Claims Act, and the Civil Service Reform Act.
Joe also advises clients on Pennsylvania election law issues and has worked as a political consultant for campaigns at the federal, state, and local level. In 2016, he helped oversee the successful disqualification of a congressional candidate in one of Pennsylvania’s largest petition challenges in Commonwealth Court.
Prior to joining Montgomery McCracken, Joe was a Judicial Extern to the Honorable Elizabeth T. Hey in the Eastern District of Pennsylvania. He also worked as a Certified Legal Intern in Villanova University’s Federal Tax Clinic where he represented taxpayers in IRS assessment and collections matters, including cases before the United States Tax Court.
Selected Representations
- Successfully represented specialty wine dealers and restaurants in securing mandamus relief and a declaratory judgment against the Pennsylvania Liquor Control Board
- Represents and counsels a publicly-traded pharmaceutical company in various matters including trade secret infringement and compliance with federal health care statutes
- Represents a world-class battery scientist in litigation against various federal and state governmental entities
- Represents a leading medical device company in litigation for alleged infringement of a design patent
Selected Publications
- Co-author, “U.S. Supreme Court Clarifies Fair Use Defense Under Copyright Law as Tech Innovators Win Significant Victory in Google v. Oracle,” April 2021
- Mentioned in, “How Montgomery McCracken Popped Pa. Liquor Control Fight,” Law360 Pulse, April 2021
- Co-author, “COVID-19 Update: Leagues, Schools Grapple With Legal Issues as New Wave of Virus Impacts Play,” Sports Medicine and the Law, Fall 2020
- Co-author, “TikTok Rulings May Clarify Scope Of Economic Powers Law,” Law360, December 2020
- Co-author, “Legal Battles Over Trump Administration’s TikTok Ban Reach Appellate Courts,” November 2020
- Co-author, “Rebutting the Presumption of Insolvency During a Pandemic,” ABI Journal, November 2020
- Co-author, “Preference Payments in Bankruptcy: Rebutting the Presumption of Insolvency during the COVID-19 Pandemic,” June 2020
- Co-author, “Resuming Play After COVID-19: Potential Liability & Best Practices for Leagues, Teams, Coaches, and Athletic Trainers,” Sports Medicine and the Law, Spring 2020
- Noted, “Restaurants sue the Pennsylvania Liquor Control Board over wine handling fees,” The Philadelphia Inquirer, May 2020
- Noted, “Liquor Board Must Allow for Direct Sales of Specialty Wines, Court Rules,” The Legal Intelligencer, May 2020
- Noted, “Court Tackles Direct Wine Deliveries Amid COVID-19 Shutdown in Its First Livestreamed Session,” The Legal Intelligencer, April 2020
- Noted, “Wine dealers sue the PLCB over allegedly illegal shipping restriction,” The Philadelphia Inquirer, April 2020
- Author, “LIFE SUSTAINING BUSINESSES UPDATE: Wolf Administration Clarifies Which Businesses Must Close and Provides Additional Guidance on Waivers and Other Issues,” March 2020
- Co-author, “Insurance Is Not Killing Football, Other Contact Sports – It’s Making Them Safer,” Sports Medicine and the Law, Fall 2019
Academic Achievements
Joseph earned his J.D. degree, magna cum laude, from Villanova University Charles Widger School of Law where he was elected to the Order of the Coif. He was a member of the editorial board of the Villanova Law Review, he completed a Litigation Concentration, and he served as a teaching assistant for civil procedure, property, and legal writing. Joseph received his B.A. degree, cum laude, in Political Science and Spanish from West Chester University.