Christopher A. Tinari

Christopher A. Tinari

Partner
Office:Philadelphia, PA
Phone:(215) 931-5895
Cell:(856) 905-9740
Email:ctinari@margolisedelstein.com
vCard:Download

Christopher A. Tinari concentrates his practice in the representation of management in labor and employment matters. Chris maintains a national practice of representing employers in all aspects of labor and employment law including sexual harassment, race, national origin, disability and age discrimination cases, wrongful discharge, defamation, slander, and other state law and constitutional claims. As an active litigator, Chris has extensive experience in handling a variety of complex litigation matters including single-plaintiff, class, and collective action litigation involving wage, hour, and discrimination claims, securities class actions, derivative actions and directors and officers (D&O) liability matters. He conducts comprehensive internal wage and hour audits as necessary and works with employers to manage issues associated with reclassification projects. He also represents clients in federal and state Department of Labor audits. Chris is national counsel for a major insurance carrier and he is designated panel counsel for several EPLI and D&O carriers.

Chris also devotes his practice to the defense of local governments, their elected and appointed officials and their employees including the defense of police officers, municipalities, school districts, public officials, and both private and public sector employers in cases arising under the federal civil rights statutes and Pennsylvania’s Political Subdivision Tort Claims Act.

Chris represents clients in intellectual property litigation including patent, trademark, trade dress, or copyright infringement and dilution claims. He also represents clients in patent interference and derivation proceedings including actions involving antitrust, fraud, misrepresentation, trademark and copyright infringement and unfair competition (under both the Lanham Act and state law) claims.

Chris defends employers, institutions of higher education, religious institutions and professionals who have been accused of sexual misconduct and abuse. He regularly counsels and defends employers in claims involving workplace torts that include defamation, fraud, invasion of privacy, tortious interference, and negligent hiring and retention.

In addition to litigation, Chris provides hands-on training and counseling on a variety of subjects including medical and religious accommodations, leave of absence policies, harassment and discrimination claims, business diversity, employee termination, hiring practices, and performance appraisals. He provides guidance on compliance with FMLA, FLSA, ADA, and OSHA’s standards for health and safety in the workplace.

Chris is a certified arbitrator in the Philadelphia Court of Common Pleas.

Education:

  • Villanova University School of Law (J.D.)
  • Boston University (B.A., with Distinction)

Honors:

  • AV Martindale-Hubbell Peer Review Rated
  • Selected for Inclusion in Pennsylvania Super Lawyers Rising Stars
  • Selected for Inclusion in Pennsylvania Super Lawyers
  • Selected for inclusion in ALM's Philadelphia’s Area's Top Rated Lawyers
  • Selected for inclusion in ALM's Top Rated Lawyers in Labor and Employment
  • Superb/10.0 AVVO Rated

Christopher_A_Tinari-2016 DK-200

Bar Admissions:

  • Pennsylvania

Court Admissions:

  • United States Court of Appeals, Third Circuit
  • United States District Court, Eastern District of Pennsylvania
  • United States District Court, Middle District of Pennsylvania

Professional Affiliations:

  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Professional Liability Underwriters Society (PLUS)
  • Defense Research Institute
  • Defense Research Employment Law Committee
  • Pennsylvania Defense Institute Employment Law Committee
  • American Conference Institute
  • Council for Litigation Management
  • Harmonie Group
  • Federalist Society for Law and Public Policy
  • Past officer of the Alumni Society of the Episcopal Academy and Boston University

Speaking Engagements and Presentations:

  • "Worksite Enforcement and E-Verify in the Age of Trump", (Net Legal Conference) Miami, FL
  • "Life Liberty Cannabis", (Net Legal Conference), Miami FL
  • "Mediation for Employment Cases - How to Win Through Resolution", (Chubb National Employment Conference), Lafayette Hill, PA
  • "How to Investigate and Defend Sexual Misconduct Complaints", (Panel Counsel Seminar), Las Vegas, NV
  • "Legal Guidelines on Hiring Employees", Phillies Business Person Special, Citizens Bank Park, Philadelphia, PA
  • "The Aftermath of the ADA Amendment Act: Minimizing Exposure to Disability Claims and Effectively Assessing Claims If A Suit Is Filed" for the 18th EPLI Annual Conference for the American Conference Institute - New York, NY
  • "What's Missing From Your Employment Contract and Handbook," Philadelphia, PA
  • "The Art of Mediation Advocacy," Temple University School of Law - L.L.M. Program in Trial Advocacy, Philadelphia, PA
  • "Practice Before the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission", Mutual Marine Insurance Company, New York, NY
  • "How to Draft an Employment Handbook", Center City Proprietors Association, Philadelphia, PA
  • "Guidelines on Hiring and Terminating Employees", Pennsylvania Association of Mutual Insurance Companies (PAMIC), Penn State University, State College, PA
  • "Trends in Wage & Hour Litigation", Professional Liability Underwriting Society (PLUS), Philadelphia, PA
  • "The Legality of Severance Agreements", American Contractors Insurance Group (ACIG), Dallas, TX
  • "E-Verify Compliance", American Contractors Insurance Group (ACIG), Dallas, TX
  • "Employee Hiring & Terminations", Lorman Education Services, Cherry Hill, NJ
  • "Employee Discharge and Documentation", Lorman Education Services, Mount Laurel, NJ
  • "Investigating Sexual Harassment Claims", Defense Research Institute Panel Counsel, Scottsdale, AZ
  • "Think Like an Employment Lawyer": An Interactive Discussion of Real Life Workplace Scenarios, Lorman Education Services, Mt. Laurel, NJ
  • "Early Resolution of Employment Lawsuits", (ACE Insurance Group), Jersey City, NJ
  • "Defending Complex Class Action Matters", (ACOP Annual Conference), Ft. Lauderdale, FL

News and Verdicts:

Articles and Publications:

Representative Matters:

  • Sharon Carter v. Mid-Atlantic Health Care - Obtained summary judgment as to all claims in an age discrimination case filed in the U.S. District Court for the Eastern District of Pennsylvania on behalf of the nursing and rehabilitation management company, successfully persuading the Court that Plaintiff failed to demonstrate that the company’s asserted basis for her discharge was pretext for age discrimination.
  • Paradoa v. Philadelphia Housing Authority - Obtained summary judgment as to all claims in race discrimination case filed in U.S. District Court for the Eastern District of Pennsylvania on behalf of housing authority in establishing that Plaintiff failed to present evidence of discriminatory motive or pretext in discharge of former employee.
  • SEIU Healthcare Pennsylvania v. Care Pavilion of Walnut Park (in re grievance of Michele Wright ) - Obtained defense verdict at arbitration and dismissal of union grievance on behalf of large healthcare corporation in case submitted to binding arbitration before American Arbitration Association, alleging termination of union member’s employment at nursing facility without cause in violation of collective bargaining agreement.
  • Jackson v. Philadelphia Housing Authority - Prevailed on summary judgment in the U.S. District Court for the Eastern District of Pennsylvania on behalf of a Housing Authority and its employees on claims of age discrimination and race brought pursuant to Title VII of the Civil Rights Act and Age Discrimination in Employment Act, and 42 U.S.C. §§ 1983 and 1985(3).
  • Michelle Andrews v. Berlin Nursing and Rehabilitation Center - Obtained dismissal of administrative charge brought with National Labor Relations Board on behalf of large healthcare corporation in case by independent contractor alleging wrongful removal from employment at nursing facility by third party employer in retaliation for protected, concerted activity, successfully establishing the lack of a joint employment relationship between facility and third party employer.
  • Yuchovski v. Evangelical Baptist Church of Philadelphia et al. - Obtained order from Court of Common Pleas of Bucks County, Pennsylvania, sustaining preliminary objections and dismissing Plaintiffs’ Complaint in its entirety on behalf of Church and its board members in case alleging breach of contract, wrongful termination and breach of fiduciary duty in connection with discharge of former Pastors, successfully arguing court’s lack of jurisdiction to hear claims pursuant to First Amendment principles.
  • Gohkberg v. Sovereign Bankcorp., Inc. - Represented a class in a collective action lawsuit against multi-billion dollar banking corporation alleging violations of the Fair Labor Standards Act and New York Labor Laws in failing to pay minimum wage and overtime compensation and failing to maintain payroll records of former employees.
  • Tomlinson v. Church of the Holy Trinity - Obtained order from Court of Common Pleas of Philadelphia County, Pennsylvania, granting summary judgment in part and dismissing abuse of process and intentional infliction of emotional distress claims on behalf of church and its vestry brought by former congregant in case alleging damages arising from his removal from the church by Philadelphia police.
  • Young v. Butler Township, et al - Obtained summary judgment on political discrimination/First Amendment Retaliation case filed in U.S. District Court for the Middle District of Pennsylvania after proving there was no evidence of discriminatory motive or pretext in discharging Township Supervisor form employment.
  • Chester County Aviation Holdings v. Chester County Aviation Authority - Obtained summary judgment on substantive and procedural due process claims filed in U.S. District Court for the Eastern District of Pennsylvania after showing there was no recognized right in the Constitution for the United States of America for refusing to assign a commercial release to operate a regional airport.
  • Gerity v. Proscape Technologies - Preliminary objections sustained within the Montgomery County Court of Common Pleas in Pennsylvania by successfully arguing that the plaintiff-employee had failed to assert evidence of additional consideration necessary to rebut the at-will employment presumption.
  • Sutton v. City of Philadelphia - Obtained summary judgment within the U.S. District Court for the Eastern District of Pennsylvania by successfully arguing that client was not vicariously liable for an alleged employee's actions in reporting a threat of gun violence to the City of Philadelphia.
  • Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting summary judgment for a computer software company on claims of age and religious discrimination. Order was affirmed on appeal.
  • Obtained order from the U.S. District Court for the Middle District of Pennsylvania granting our motion to dismiss with prejudice on behalf of a Township and the Township Board on plaintiff's Section 1981 claim alleging that the Township terminated a contract with plaintiff due to race and retaliation.
  • Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting summary judgment for a private school on a former employee's age discrimination claim. The employee, who had been terminated at age 68 and had no documents in her file that reflected poor performance, alleged that she was told during the termination meeting that the company wanted "to get rid of some younger people" to do the work.
  • Obtained an order from the Common Please Court of Philadelphia granting summary judgment for a housing governmental authority on plaintiff's claims of age, race, and disability discrimination.
  • On behalf of a major cleaning supply business, successfully obtained summary judgment in a sexual harassment and retaliation case filed in U.S District Court for the Eastern District of Pennsylvania.
  • On behalf of an airport authority, successfully obtained summary judgment in a race discrimination and retaliation case which was affirmed by the Third Circuit U.S. Court of Appeals.
  • Obtained a defense verdict at trial in favor of a religious school which involved the claims of defamation and slander.
  • Obtained a defense verdict in favor of a church after a five day trial on discrimination claims and on a joint employer issue.
  • As counsel to a national construction company, succeeded in eliminating a large back pay remedy sought by the Department of Labor's Office of Federal Contract Compliance Programs.
  • As counsel to a high profile pharmaceutical laboratory under Department of Labor investigation who faced personal liability, succeeded in negotiating a limitation of subpoenas and eventually limiting liability to non personal assets.
  • Represented one of the country's larger clothing manufacturers in a class action alleging violations of FLSA and state law torts. Defeated state law claims and succeeded in negotiating a reasonable resolution for the client on the remaining causes of action.
  • Won summary judgment on all counts for a large healthcare provider in a class action lawsuit in federal court that alleged violations of the overtime and minimum wage provisions of the FLSA.
  • Mediation and successful resolution of class-action charges filed against a chiropractor with the U.S. Equal Employment Opportunity Commission by current employees involving claims of sex discrimination, sexual harassment, age discrimination and retaliation under Title VII.
  • Obtained favorable resolution for a large engineering firm in a complaint against competitor for former employee's breach of non-solicitation provisions and tortious interference with contract claims.
  • Successfully defended a publishing company against a TRO and Motion for Preliminary Injunction filed to cease and desist client from hiring a group of employees from a competitor.
  • Represented contractor in copyright infringement and Lanham Act 43(a) false advertising action and counterclaims alleging trademark infringement, false advertising, tortious interference with contract and antitrust violations.
  • Defended a large multi-office dental practice against claims pursuant to the Fair Labor Standards Act and various state law claims alleging failure to pay for all the time worked and pleaded as a collective and class action.
  • Mediation and successful resolution of several sex abuse claims filed in federal and state courts involving minors and religious organizations in Pennsylvania, New Jersey and Delaware.
  • Obtained summary judgment on a sex misconduct claim involving a teacher and student on the issue of the statute of limitations.
  • Obtained dismissal of administrative charges against a psychologist accused of sexual misconduct.
  • Served as counsel to many religious organizations, schools, universities and colleges, handling and resolving a wide array of employment law matters and issues related to student or faculty discipline, faculty appointments, grievance processes and appeals of those issues.
  • Litigated constitutional issues for religious organizations on what kinds of non-public school programs can receive public funding without violating the establishment clause.
  • Reviewed and renegotiated various executive employment contracts and other employment-related agreements and counseled clients regarding risks assumed in those agreements and ways to mitigate risks.
  • Provided personnel management counseling and employment law advice for companies going through restructuring, mass layoffs or reductions in force.
  • Negotiated, drafted and reviewed numerous executive employment agreements involving non-compete covenants, executive severance, trade secrets and other issues.
  • Drafted and reviewed policy and procedure statements, handbooks, and other documents for the employees of private businesses, colleges, universities, manufacturers, non-profit organizations, energy companies and service providers.
  • Counseled clients with respect to coverage under and obligations imposed by laws enforced by the OFCCP and represented employers in OFCCP compliance audits.

Christopher_A_Tinari-2016 DK-200