Jordan M. Rand

Jordan is a problem solver. While he has litigated all manner of commercial disputes, he focuses on real estate, insurance and business divorce litigation.  

Jordan’s real estate practice has included the representation of some of the largest commercial property owners and landlords in the country, real estate investment trusts, multifamily property owners, developers, contractors, suppliers and buyers and sellers of real estate in Southeast Pennsylvania. He has litigated transactions gone awry, construction disputes, land use matters, zoning appeals, lease disputes, eminent domain matters and a multitude of other cases where real estate is at the heart of the dispute.

In his insurance practice, Jordan exclusively represents policyholders whose claims have been denied or underpaid by insurance carriers. He has litigated cyber, property and casualty, errors and omissions, directors and officers, business interruption and a variety of other insurance claims. Jordan also assists policyholders during policy review, the claim process and insurer investigations.

When the owners of privately held companies no longer see eye to eye, Jordan is an aggressive litigator who understands that the best results in these cases are often not obtained in courtrooms. Still, Jordan regularly appears in the Philadelphia Court of Common Pleas Commerce Program, where he has successfully dissolved private companies, compelled equitable buyouts, steered the liquidation of real estate and other assets and worked closely with receivers on operational and wind-down matters. He routinely litigates allegations of mismanagement, minority oppression, corporate waste and breach of fiduciary duties.

A lawsuit is not always the right strategy, and Jordan is not always the right lawyer. Whether a client needs to draw on the firm’s deep pool of talented lawyers to employ sophisticated transactional or tax strategies, is looking for a subject matter expert (legal or non-legal) or needs a referral to a lawyer who is the right fit, Jordan puts clients in the best possible position. And if that means going to trial, Jordan is one of the few commercial litigators who regularly tries bench and jury trials to verdict–successfully.

Quoted, “NJ Pandemic Insurance Bill Clears State Assembly,” Law360, June 21, 2021

Quoted, “NJ Bill Could Give Insurers Edge To Escape COVID Coverage,” Law360, June 18, 2021

Mentioned, “The Most-Read Insurance Law360 Guests Of 2020,” December 24, 2020

Author, “Business Interruption Bills Require Balancing of Interests,” May 26, 2020

Presenter, “Understanding Business Interruption Insurance Claims During COVID-19,” May 8, 2020

Quoted, “Whether in courts or capitols, business interruption insurance debate heats up in Harrisburg, D.C.,” The PLS Reporter, May 7, 2020

Author, “Disclosure Affects Enforceability Of Insurers’ Virus Exclusions” Law360, May 6, 2020

Author, “Let the Forum Shopping Begin: Problems with Consolidating COVID-19 Business Interruption Cases,” May 2, 2020

Author, “Pa. Ruling Strengthens Arguments For COVID Loss Coverage,” Law360, April 16, 2020

Author, “COVID-19: Philadelphia Launches $9M Small Business Relief Fund,” March 26, 2020

Author, “COVID-19: Impact of Outbreak on Residential Leasehold Obligations,” March 19, 2020

Author, “Cyberinsurance Law Blog – COVID-19: Phishing Scammers Preying on Fear and Uncertainty,” March 18, 2020

Author, “COVID – 19: Who’s Duty is it to Warn Residents of Multi-Family Properties?” March 17, 2020

Author, “Cyberinsurance Law Blog – (Not) My Corona: Tips to More Securely Work Remotely,” March 12, 2020

Presenter, “Resiliency in Today’s Cyber Ecosystem,” Philadelphia Area Chapter of the Association of Certified Fraud Examiners, Inc.’s 27th Annual Fraud Training Conference, December 2, 2019

Author, “Cutting Edge Topics in Cyberinsurance Coverage,” West LegalEd Center, Celesq AttorneysEd Center, June 19, 2019

Quoted, “West Wildwood mayor living with police chief fined $24,900 by state for violating ethics laws,” The Philadelphia Inquirer, May 15, 2019

Author, “Still Not Down with BEC,” May 8, 2019

Presenter, “Resiliency in Today’s Cyber-Ecosystem,” Institute of Internal Auditors Central Jersey Chapter Annual Fraud Conference, May 7, 2019

Quoted, “The Cyber Insurance Battle Begins,” CyberInsecurity News, March 2019

Author, “A Tale of Two Carriers – Disparate Views of War/Terrorism Exclusion,” March 28, 2019

Author, “Smart Buildings, Smart Coverage,” February 6, 2019

Author, “My Least Favorite Exclusion Challenged by Milk’s Favorite Cookie,” January 2, 2019

Author, “Common Law Duty to Protect Employee Data Undercuts Contractual Liability Exclusion,” December 3, 2018

Author, “Part II: Same Email/Wire Scam, Same Carrier, Different Result,” October 18, 2018

Author, “Voluntary Parting is Not Sweet Sorrow,” October 17, 2018

Author, “In Other News…DOJ Issues Cyber Incident Response Framework,” September 28, 2018

Author, “The New Millennium, and the Old CGL Policies,” July 31, 2018

Author, “To Be ExSPECted? Or not to be?,” June 27, 2018

Author, “Living Too Social in the Education Industry?,” June 14, 2018

Author, “The Data on (Breached) Data: Chubb Shares Two Decades of Cyber Claims Data,” May 29, 2018

Author, “Colorado Strengthens Consumer Privacy Protections,” May 21, 2018

Quoted, “The Cause of Action for Breach of Data: The Problem with Relying on Courts When Managing the Risks of Cloud Services,” Michael A. Stoolman, 70 Rutgers U.L.Rev. 717, Rutgers Law Review, Spring 2018

Presenter, “The Emerging Landscape of Cyberliability and Cyberinsurance,” Continuing Legal Education, Philadelphia, Pennsylvania, November 14, 2017

Presenter, Amerihealth Caritas “Your Data or Your Wallet: The Ransomware Threat,” Philadelphia, Pennsylvania, October 27, 2017

Quoted, “Content Analysis of Cyber Insurance Policies,” Sasha Romanosky et al.,RAND Corp. Working Paper, September 2017

Quoted, “Merck Hack Part of Massive Global Attack,” The Philadelphia Inquirer, June 27, 2017

Author, “What Pension Fund Trustees Need to Know About Cyberinsurance,” Georgia Association of Public Pension Trustees Third Quarter Newsletter, 2017

Author, “Targeting Law Firms: Cyber Criminals Want What You’ve Got,” The Philadelphia Lawyer, Winter 2017

Presenter, “Cybersecurity: Keeping Your Information Safe,” Pennsylvania Association of Public Employee and Pension Systems Spring Forum, Harrisburg, Pennsylvania, May 24, 2017

Presenter, “Cyberinsurance Primer,” Safe America Regional Meeting, Philadelphia, Pennsylvania, May 3, 2017

Presenter, Evolving Fiduciary Obligations of Institutional Investors Annual Conference, “Tailoring Cyberinsurance for Public Pension Funds,” Tempe, Arizona, February 21, 2017

Presenter, “It Wasn’t Me: The Interplay Between Cyberinsurance and Cybercrime,” Drexel Law, Philadelphia, Pennsylvania, February 16, 2017 and June 13, 2016

Co-Author, “What Pension Fund Fiduciaries Need to Know About Cyberinsurance,” Kessler Topaz Meltzer & Check Fall Bulletin, Fall 2016

Quoted, “How Your Law Firm Can Avoid Cyber Crime: Train Your Employees,” The Philadelphia Inquirer, July 1, 2016

Presenter, “Cyberinsurance Primer,” Large Public Agency, New Jersey, June 12, 2016

Presenter, “Cyber 2.0: What We’ve Learned So Far and What We Haven’t,” University Risk Management and Insurance Association Western Regional Conference, Denver, Colorado, February 17, 2016

Presenter, “Cyberinsurance Coverage’s Emerging Landscape,” Continuing Legal Education, Philadelphia, Pennsylvania, December 9, 2015

Presenter, “Cyberinsurance Coverage 101,” Continuing Legal Education, Philadelphia, Pennsylvania, October 28, 2015

Real Estate

• Won defense trial verdict for publicly traded commercial real estate company in construction dispute concerning the replacement of a shopping mall roof
• Obtained a temporary restraining order in the United States District Court for the District of New Jersey enjoining the Army Corps of Engineers from awarding $60 million contract where authorities violated Margate City’s Due Process rights by failing to follow Eminent Domain procedures with respect to municipally-owned beaches
• Obtained a second temporary restraining order in the Superior Court of Atlantic County requiring Army Corps of Engineers to temporarily cease dune-building project when precisely the flooding predicted in prior litigation came to fruition in the summer of 2017
• Defeated petition for injunction in Philadelphia Orphans Court filed by property owners attempting to block the Philadelphia Housing Authority from continuing the $30 million construction of 55 affordable rental homes in Germantown
• Won AAA arbitration for glass supplier against general contractor for breach of AIA contract
• Frequently appears before Philadelphia Court of Common Pleas following matters on appeal from the Zoning Board of Adjustment

Insurance

• Awarded summary judgment for policyholder invalidating provision of workers’ compensation policy permitting insurer to retroactively calculate premiums based on carrier’s classification of workers as employees verses independent contractors
• Obtained Pennsylvania Supreme Court affirmance of trial verdict in favor of insurance carrier, setting Pennsylvania precedent on the notice-prejudice rule with respect to claims-made policies in a multi-million dollar coverage dispute
• Obtained reversal of coverage denial following construction accident involving assigned subcontracts
• Negotiated cyber insurance coverage policy revisions for companies with gross annual revenues ranging from $500 thousand to $500 million.

Shareholder Disputes

• Dissolved privately owned company in the Philadelphia Court of Common Pleas Commerce Program following over two years of contentious litigation arising from an intractable dispute among ownership
• Orchestrated the forced buyout of two general partners from family real estate partnership involving property in Old City Philadelphia
• Staved off foreclosure and defeated preliminary objections in parallel, affirmative litigation involving breach of fiduciary duty claim asserted by Pennsylvania LLC managing member against non-managing member on grounds that the non-managing member had total control over company by virtue of secret acquisition of all corporate debt and the filing of a foreclosure action with respect to all corporate real property
• Made and responded to Books and Records Demands, on behalf of shareholders/members and companies.

Transportation/Administrative Law

• Litigated constitutionality of Philadelphia Parking Authority taxicab and limousine regulations, reaching successful settlement prior to commencement of discovery
• Successfully protested innumerable taxicab and limousine applications for new service, thereby preserving clients’ service territory
• Successfully defended clients’ rights before the Pennsylvania Public Utility Commission and Philadelphia Parking Authority.