Joshua A. Gildea

Joshua A. Gildea

Co-Chair, Litigation & Trial Practice

Commercial Litigation • Bankruptcy & Creditors’ Rights • Intellectual Property • Landlord/Tenant Law

Joshua A. Gildea
Aug. 10, 2021

Can “No-Poach” Agreements Be Enforced? Probably Not.

Pennsylvania’s Supreme Court recently ruled that contracts between businesses agreeing not to hire each other’s employees are not enforceable. Pennsylvania’s highest court, speaking on this legal issue for the first time, held that even where one company expressly agreed in writing not to hire employees of the other in what are often called “no-poach” or […]

Joshua A. Gildea
Jun. 6, 2019

District Court Upholds Administrative Pledge Policy of Bank in Bankruptcy Case

A recent decision from the United States District Court for the Southern District of New York upheld the “Administrative Pledge Policy” of Wells Fargo Bank N.A. This decision echoed earlier court decisions, including from the 9th Circuit Court of Appeals, and the 1995 U.S. Supreme Court decision in Citizens Bank of Maryland v. Strumpf. It […]

Joshua A. Gildea
Oct. 8, 2018

Updates to the Contractor and Subcontractor Payment Act (CASPA)

For more than twenty years the Contractor and Subcontractor Payment Act (CASPA) has been a law in Pennsylvania providing a tool for contractors and subcontractors to get paid. Conflict between Owners, Prime Contractors, Subcontractors, and subs of subs is a common sight in the construction world. CASPA provides remedies for contractors and subcontractors whose work […]

Joshua A. Gildea
Dec. 1, 2017

New Bankruptcy Rules in Effect on December 1

Beginning December 1, 2017, several important changes to the Federal Rules of Bankruptcy Procedure go into effect. There are significant modifications to the organization and wording of a number of Rules, but the most salient issues for creditors in the Eastern District of Pennsylvania are the new deadlines for filing proofs of claim and the […]

Joshua A. Gildea
Oct. 25, 2016

Your Construction Business Could Be Liable to Secondary Buyers: Protect Yourself

The take-home lesson for worried home builders is that promotional materials should correctly describe your work and ensure you deliver what you advertise.

Joshua A. Gildea
Apr. 21, 2016

Can They Really Depose My CEO?

One of the biggest hassles in the course of commercial litigation is defending depositions of your key players.

Joshua A. Gildea
May. 1, 2015

So Your Contractor Left You Stranded…

No matter what type of work you have done on your home, from decks to pools to new kitchen cabinets, you should be aware of your rights in the event of conflict with a contractor.