Susan V. Metcalfe

Recognized as one of The Best Lawyers in America© in the fields of commercial litigation and intellectual property, Susan Metcalfe is a veteran trial attorney who knows what it takes to get the job done for her clients both inside and outside the courtroom. With over eighteen years’ experience as a trial attorney, Susan has significant, substantive experience with an extremely broad array of litigation, including:

• Intellectual property (trade secrets, trademark, noncompetition agreements)
• Franchise disputes
• Economic espionage and computer fraud & abuse
• Product liability
• Directors and officers liability
• Employment disputes
• Insurance coverage disputes
• Partnership and shareholder disputes
• Sales and manufacturing disputes
• Construction litigation

This diverse experience helps Ms. Metcalfe analyze cases holistically, strategically, and creatively to achieve optimal solutions given the unique circumstances presented in each case.

Although many cases call for resolution outside litigation, one of the principal qualities that make Ms. Metcalfe an effective litigator is that she truly enjoys trial work and does not shy away from the court room. Ms. Metcalfe also strongly believes that thorough preparation and strategic analysis beginning at the earliest stage of a dispute are key to achieving the best results. She relishes working shoulder-to-shoulder with her clients through every phase as a trusted business partner.

Representative Experience

• Apollo Enterprise Imaging Corp. v. Conyers (E.D.Va. 2019) –Lead counsel in trade secret case filed on behalf of healthcare IT company against former chief product officer who claimed whistleblower status and retaliation.  Obtained early resolution that included consent judgment for permanent injunction.

• Tiberend Strategic Advisors, Inc. v. Drumm (S.D.N.Y. 2019) – Lead counsel in case against former vice president of biosciences investor relations firm, alleging breach of non-solicitation and non-servicing agreement.  Obtained prompt non-confidential settlement that included the defendant’s payment of all attorneys’ fees.

• 7-Eleven, Inc. v. Karamjeet Sodhi (D.N.J., May 31, 2016), 2016 WL 3085897 – As lead trial counsel, obtained summary judgment in high-profile franchise termination case and on all counterclaims, including franchisee’s challenge to independent contractor status.

•  Camacho v. Savannah College of Art and Design (S.D.N.Y. 2018) – Defended university against ADA claims alleging inaccessibility of website. 

• 7-Eleven, Inc. v. Upadhyaya, 926 F.Supp.2d 614 (E.D.Pa. 2013) – As lead trial counsel, obtained preliminary injunction granting 7-Eleven possession of franchised store in termination case alleging widespread, long-term fraud by franchisee.
• 7-Eleven, Inc. v. Tariq Khan, 977 F.Supp.2d 214 (E.D.N.Y. 2013) – Served as lead trial counsel in franchise termination case alleging massive fraud by long-term, high-profile franchisee. Guided investigators in building circumstantial case that franchisee directed numerous employees to engage in fraudulent conduct against 7-Eleven, for franchisee’s benefit.  Obtained preliminary injunction granting 7-Eleven possession of franchised store.
• Nilson v. Hershey Entertainment & Resorts Co., 649 F.Supp.2d 378 (M.D. Pa. 2009) – Obtained summary judgment for defendant in product liability case alleging defective roller coaster caused hearing loss in minor plaintiff.
• Choice Foods of America, LLC v. Halo, Purely for Pets, Inc. (M.D. Tenn.) – Defended holistic pet food company in action for breach of manufacturing agreement under the Uniform Commercial Code.
• The Stop & Shop Supermarket Company LLC v. Whole Foods Market, Inc. (D. Mass.) – Prosecuted trademark infringement action against world’s largest retailer of organic and natural foods over its use of the REAL DEAL trademark.
• Chao v. Pennsylvania Builders Association et al. (M.D. Pa.) – Represented the trustees of one of the country’s largest purchasing groups of insurance in a Department of Labor investigation alleging violations of fiduciary duties under ERISA.
• Computer Aid, Inc. v. Newcomer et al. (C.P. Cumberland) – Represented worldwide information technology services firm against former employees, alleging they breached non-competition agreements by contracting directly with the United States Department of the Navy.
• Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006) – Made new law by successfully petitioning for allocatur and winning favorable Pennsylvania Supreme Court ruling limiting discovery of expert witnesses’ personal financial information.
• Elo TouchSystems, Inc. v. Phares (C.P. Dauphin) – Represented worldwide manufacturer of touch-screen display products in action against former employee alleging breach of non-competition agreement.
• Dentsply International v. Perry C. Holden and Heraeus Kulzer, Inc.(S.D.N.Y.) – Represented global manufacturer of dental products in action alleging theft of trade secrets and unfair competition against former employee and direct competitor.