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Lathrop B. Nelson, III
Philadelphia Office

1735 Market Street
21st Floor
Philadelphia, PA 19103-7505

P: 215-772-7473
F: 215-731-3708

Biography

Lathrop B. Nelson, III concentrates on complex commercial litigation and white collar and government investigations. He has particular experience handling civil and criminal matters involving alleged fraudulent conduct, public corruption, antitrust and collusive behavior, and other financial crimes. He represents individuals and corporate entities in all phases of civil and criminal litigation, including internal investigations.

Lathrop has argued civil and criminal matters before the United States Court of Appeals for the Third and Fourth Circuits, Pennsylvania Commonwealth and Superior Courts and federal and state trial courts. He is a former member of the Pennsylvania Supreme Court’s Appellate Rules Committee, which makes formal recommendations to the court to refine the appellate rules.

Additionally, Lathrop serves as an editor of the firm’s White Collar Alert blog, focused on government investigations and white collar crime.

Prior to joining Montgomery McCracken, Lathrop was a law clerk for the Honorable Eduardo C. Robreno of the United States District Court for the Eastern District of Pennsylvania.

Selected Representations

Lathrop has represented clients in criminal matters and related enforcement proceedings involving a wide range of alleged offenses, including:

  • Successfully defended U.S. Army BG Jeffrey Sinclair as part of trial team in court-martial in which court imposed no jail sentence and no dismissal from service; drafted and argued motion to dismiss for unlawful command influence, which the court granted, finding unlawful command influence in connection with offer to plead;
  • A pharmaceutical company in a False Claims Act investigation involving donations to patient assistance programs;
  • An executive of a public corporation in a Foreign Corrupt Practices Act investigation by the Department of Justice and Securities and Exchange Commission;
  • Individuals and entities in investigations by the Antitrust Division of the Department of Justice regarding bid-rigging in public finance, construction, and real estate industries;
  • A small business owner in a criminal tax prosecution resulting in a non-custodial sentence; and
  • A nonprofit entity in an investigation by the Environmental and Natural Resources Division of the Department of Justice in which the government declined prosecution.

Lathrop has also represented companies and individuals in a wide range of commercial disputes in state and federal court. He frequently represents clients in matters involving fraud, breach of fiduciary duties, and business torts, as well as intellectual property, breach of contract and other commercial matters, including:

  • Creditors’ Committees in the Energy Future Holdings and Specialty Products Holding Corp. (Bondex) bankruptcies involving claims alleging fraudulent transfers and breach of fiduciary duties;
  • A corporate entity investigating and pursing claims arising out of a multimillion dollar theft by employees;
  • Pharmaceutical companies in civil actions relating to pricing and marketing disputes;
  • Clients in connection with “corporate divorce” matters involving allegations of tortious interference with contract, fraud, breach of fiduciary duty, and other business tort claims;
  • A major software manufacturer in federal copyright and trademark infringement litigation in Pennsylvania and New Jersey.

Selected Publications

Selected Speaking Engagements

Community Involvement

Lathrop has served in leadership positions for several community and nonprofit organizations. He is the former President of the Washington & Lee University Alumni Association’s Philadelphia Chapter. Lathrop serves on the Board of Directors of the Committee of Seventy, a non-partisan, good government organization. He also served as chairman of the Chi Psi Fraternity’s National Executive Council, where he led the fraternity through strategic planning and expansion efforts. Lathrop continues to serve on the fraternity’s national housing corporation, Spencer Properties, LLC. He serves as a member of The Haverford School Alumni Executive Council and as class agent for the University of Virginia Alumni Association. He is a graduate of Leadership Philadelphia’s Core Class of 2015.

Honors & Awards

  • Lathrop has been recognized as a top lawyer in Pennsylvania by Pennsylvania Super Lawyers Rising Stars 2006, 2010-2015.

Professional Activities & Achievements

  • American Bar Association
  • Philadelphia Bar Association
  • Former Member, Appellate Court Procedural Rules Committee of the Supreme Court of Pennsylvania
  • Former co-chair, Philadelphia Young Lawyers Division of the American Bar Association’s White Collar Crime Committee

Academic Achievements

Lathrop received his J.D. degree in 2001 from the University of Virginia School of Law, where he served as Chief Justice of the William Minor Lile Moot Court Board and a member of the Editorial Board of the Virginia Law Review. He graduated cum laude from Washington and Lee University in 1997 with a Bachelor of Arts degree in History and Politics.