Randal M. Whitlatch

Representative Experience

Automotive

• Defended global tier 2 automotive parts manufacturer in commercial litigation brought by tier 1 automotive parts manufacturer seeking injunction and nine figure damages award for alleged failure to make timely deliveries under a just-in-time supply contract
• Advised global compressed gas manufacturer regarding force majeure and fair and reasonable allocations programs and defended the company against claims by customers dissatisfied with gas product allocations
• Represented global tier 1 automotive parts manufacturer in commercial contractual dispute with third party vendor over the vendor’s performance under a QA/QC sorting contract impacting the quality of parts supplied to the tier 1’s OEM
• Represented global tier 1 automotive, aerospace, and train glass manufacturer against another tier 1 commercial glass manufacturer in litigation over alleged theft of trade secrets
• Represented global tier 2 automotive parts manufacturer in litigation involving the alleged theft of trade secrets during participation in a JV by another tier 2 automotive parts supplier and a tier 1 automotive parts supplier
• Provided training to a global tier 1/tier 2 automotive parts manufacturer’s executives, in-house counsel, and front-line sales team across the client’s operations in seven countries regarding force majeure or other impediment to performance in the global automotive supply chain
• Represented global tier 1/tier 2 automotive parts manufacturer in workplace issues at factory sites, including with respect to internal investigation into employment discrimination and OSHA claims
• Advised global tier 1/tier 2 automotive parts manufacturer on commercial issues, including supply contracts both in the United States and internationally
• Represented minority shareholder in a closely held motor manufacture in dispute with majority shareholder
• Acted as firm’s primary contact to MEMA-OE, the premier automotive industry group for tier 1 and 2 parts manufacturers and suppliers as well as OEMs for heavy duty commercial vehicles

Metals Manufacturing

• Represented seamless expandable tubulars company in complex multi-party commercial litigation against third party fabricator, supplier, and large oil & gas operator over alleged breach of contract, negligence, and products liability
• Represented global metals manufacturing company in commercial litigation with another global steel tubing manufacturer over alleged breach of contract, fraud, piercing the corporate veil, and other business torts relating to the sale of a seamless tube manufacturing facility
• Represented large injection molding company in federal litigation against former sales and service representative alleging theft of trade secrets, violation of non-compete, and other unfair trade practices when sales and service representative began diverting business through personal competing company
• Represented global metals fabrication company in products liability matters
• Represented computer circuit board manufacturer and distributor in employment discrimination and commercial litigation matters

Food and Beverage

• Represented regional restaurant chain in contract and business tort litigation with commercial landlord and third party
• Represented regional restaurant and specialty food chain in high stakes dispute with landlord and local government over commercial restaurant space

Energy

• Represented large oil & gas company in commercial litigation with escrow agent and promoter pertaining to alleged breach of contract, fiduciary duties, and fraud relating to Marcellus Shale gas leases
• Represented large coal company in commercial litigation with landowners and contract miner pertaining to alleged breach of contract, unjust enrichment, fraud, and other business torts relating to the mining of coal
• Represented large coal company in commercial litigation against large natural gas transport company pertaining to the natural gas transport company’s failure to mitigate its pipelines and resulting interference with company’s interest in coal
• Represented large coal company in AAA commercial arbitration against landowner pertaining to alleged breach of contract, fraud, and other business torts relating to the coal royalties
• Represented large Oil & Gas company in commercial litigation against oil & gas promoter Debtor in Bankruptcy pertaining to alleged breach of contract and fraud by Debtor associated with Oil & Gas company’s large-scale investment in Utica gas play
• Drafted indemnity agreement and assisted large coal company in designing insurance and indemnity requirements for third party vendors
• Advised executives of large coal company regarding D&O coverage provisions of insurance policy
• Negotiated with insurance carrier on behalf of large coal company to obtain more favorable insurance policy terms under a surety bond agreement

Chemicals and Life Sciences

• Defended large manufacturer of PFOA/PFAS in federal mass tort class action over the alleged contamination of several public water systems
• Defended large polymer manufacturer in multi-state class action brought by coal preparation plant workers for claims relating to alleged neurological disease and cancer from exposure to water clarification chemicals
• Defended large polymer manufacturer in state class action by individuals alleging water contamination stemming from a spill of the manufacturer’s water clarification chemicals
• Defended large medical device and pharma company in state and federal litigation alleging defects with mesh and prosthetic hips and knees
• Defended large life sciences company in state litigation alleging defects with certain hair care and beauty products
• Represented large life sciences company in federal litigation against former sales representative alleging theft of trade secrets, violation of non-compete, and other unfair trade practices when sales representative began working for competing company

Healthcare

• Assisted mid-size pharmacy chain in various matters, including unfair competition litigation against competitor chain, regulatory investigations, and pricing disputes with pharmaceutical vendors
• Assisted mid-size veterinarian in shareholder litigation, with practice buy-out, and with real estate lease negotiation
• Assisted mid-size pediatrics practice with various issues including contract review, employment matters, and medical malpractice litigation
• Assisted mid-size pediatrics practice with various issues arising from shareholder-practitioner’s conduct, leading to the forced buy-out of shareholder
• Assisted mid-size pediatrics practice with negotiation of provider agreement(s) with larger health system and employment contracts with newly hired physicians
• Assisted large urgent care provider in trademark dispute with competing Eastern Pennsylvanian urgent care provider
• Assisted large physical therapy provider in contract dispute with large nursing care provider
• Advised large healthcare system in pre-litigation with outside IT vendor relating to vendor’s failure to deliver promised health information exchange platform
• Assisted large healthcare system in litigation over alleged privacy breach and HIPAA violation
• Assisted provider of ASL interpreting services (exclusive to hospitals) in various commercial litigation matters, including litigation with prior shareholders, employment discrimination claims, and contractual claims relating to various suits brought under the Americans with Disabilities Act and state analogues
• Advised physician and healthcare system with respect to possible Anti-Trust and other unfair trade practices
• Advised chiropractic practice on legalities of proposed telemedicine practice in Pennsylvania
• Assisted various individual healthcare providers with employment contract negotiations with various health care practices

Publications

• “Gist of the Action and Economic Loss Doctrines Remain Viable in Pennsylvania Federal Courts,” Lawyers Journal, Allegheny County Bar Association, Vol. 27, No. 1, January 10, 2025
• “Navigating Today’s Volatile Supply-Chain Environment Requires Legal Counsel,” The Legal Intelligencer, April 18, 2022
• “Best Pleading Practices in Federal Court Following Twombly and Iqbal,” Financial Fraud Law Report, January 2011
• “Federal Pre-Emption in Medical Device and Pharmaceutical Litigation,” Product Liability Law360, November 2009
• “West Virginia Removal Jurisdiction,” ABA 50 State Survey on Removal Jurisdiction, 2007
• “May Prevailing Party Obtain ERISA Attorney’s Fees in Action Outside the Civil Enforcement Scheme?” Life, Health and Disability News, Spring 2007
• “ERISA Subrogation and the Search for ‘Appropriate Equitable Relief,'” ABA Tort Trial & Insurance Practice Law Journal, Volume 41:4, Summer 2006