Ethan O’Shea is a Principal of the firm and has been a member of the Litigation Department at Hamburg, Rubin, Mullin, Maxwell & Lupin for 20 years. He currently chairs the firm’s Employment Law Group. His practice focuses on employment law, commercial litigation, real estate litigation, and criminal law. Ethan has counseled corporate and individual clients on a variety of employment, commercial and criminal matters. Ethan also appears regularly before the PA Human Relations Commission, the Equal Employment Opportunity Commission and has tried cases in the federal and state courts throughout Pennsylvania. Prior to joining the firm, Ethan was a Senior Deputy District Attorney with the Bucks County District Attorney’s Office, where he served as a member of the Child and Sexual Abuse Unit and prosecuted a wide variety of criminal cases in the Court of Common Pleas. Before joining the District Attorney’s Office, Ethan served as a Law Clerk for The Honorable Edward G. Biester, Jr., Bucks County Court of Common Pleas. Ethan is a member of the Pennsylvania, Bucks and Montgomery Bar Associations. He has lectured for the Pennsylvania Bar Institute, Pennsylvania Municipal Authorities Association, Montgomery Bar Association and People’s Law School concerning employment law and criminal law. Ethan is past president of the Montgomery Bar Association Trial Lawyers Section, past chair of the Montgomery Bar Association Employment Law Committee, and past vice-chair of the Criminal Defense Committee. Ethan has served as a Director of the Plymouth Community Ambulance Association, has been a volunteer for Big Brothers/Big Sisters of Montgomery County and Bucks County, and has served as a board member for the Montgomery County Victim-Offender Conferencing program. A graduate of Bucknell University with a degree in International Relations (B.A. 1990), Ethan received his J.D. from The George Washington University National Law Center in 1993. In 2003, he attended the Academy of Advocacy of Temple University.
- Obtained injunctive relief for a medical device manufacturer against a former employee and multi-national corporation for breach of restrictive covenants.
- Obtained a defense verdict for a professional corporation in a suit filed by a former employee alleging age discrimination.
- Assisted packaging company in successful defense of employment discrimination claim.
- Obtained defense verdict for principals of construction consulting firm against a claim made under Pennsylvania’s Wage Payment and Collection Law.
- Represented two restaurants and their owner defending a class-action complaint alleging Fair Labor Standard Act violations.
- Obtained a confidential 6-figure settlement from a multinational pharmaceutical company for an employee resulting from the company’s violation of the Americans with Disabilities Act.
- Obtained dismissal of discrimination charges for numerous corporate clients at EEOC and PHRC.
- Negotiated employment and separation agreements for individual and business clients.
- Successfully negotiated a guilty plea in a case where the defendant husband was charged with the aggravated assault of his wife resulting in serious brain injuries. Following extensive negotiations with the District Attorney, the client pled guilty to only a misdemeanor and received six months’ non-reporting probation.
- Successfully represented a defendant charged with various firearm offenses, including Persons Not to to Possess a Firearm, Possession of a Firearm with an Altered Manufacturer’s Number, Criminal Use of a Communication Facility and Conspiracy. Following arguments on several pretrial motions to suppress evidence and a non-jury trial, client was acquitted on the aforementioned charges.
- Obtained not-guilty verdict following a jury trial on all felony charges for a client charged with numerous offenses in a high-profile assault case.
- Obtained not-guilty verdict following a non-jury trial for client wrongfully accused of assaulting estranged spouse.
- Successfully argued pre-trial motions leading to the dismissal of charges against numerous clients because of unlawful searches and violations of the Rules of Criminal Procedure.
- Negotiated guilty pleas on behalf of many clients leading to a reduction of charges and/or reduction of sentence.
Commercial and Real Estate Litigation
- Successfully argued case before PA Supreme Court creating new law pertaining to easements by necessity.
- Represent mortgage lenders in various actions to establish the validity and/or priority of the clients’ mortgages, and represent property owners to defend claims against title.
- Successfully defended property owner’s petition for writ of certiorari to the United States Supreme Court.
- In a case of first impression in Pennsylvania, successfully obtained a judgment on behalf of a mortgage lender against a competing lender whose mortgage was declared void due to an improper notarization of the loan documents.
- Obtained verdict for specific performance on behalf of real estate developer to enforce Agreement of Sale.
- Employer Mandated Vaccinations|
- Governor Wolf Signs New Coronavirus Order Directed at Pennsylvania Businesses|
- State Guidance on Opening for Business|
- UPDATED ALERT: PA Supreme Court Rules that the COVID-19 Pandemic is a “Natural Disaster”|
- New Order for Precautions Open Pennsylvania Businesses Need to Take|
- Attention Area Businesses: Friday, 4/3/20 at 5pm is Deadline to Submit Waiver for Keeping Physical Locations Open|
- Guidance on Major Issues Under FFCRA|
- Department of Labor Changes Effective Date of Families First Coronavirus Response Act to Wednesday April 1, 2020|
- What Does the Stay at Home Order from Governor Wolf Mean?|
- Can You Keep Your Business Open? Waivers May Be Available|
- U.S. Supreme Court
- U.S. District Court, Eastern District of Pennsylvania
- U.S. Court of Appeals, 3rd Circuit
- The George Washington University Law School, (J.D.1993)
- Bucknell University (B.A.1990)
- Goldsmiths’ College, University of London, Fall Semester 1988
- Academy of Advocacy, Temple University, Summer 2003
- Pennsylvania Bar Association
- Bucks County Bar Association
- Montgomery Bar Association
- President, Trial Lawyers Section (2018)
- Chair, Employment and Labor Law Committee (2014 & 2016)
- Co-Chair, Employment and Labor Law Committee (2015)
- Vice-Chair, Employment and Labor Law Committee (2006)
- Member, Employment and Labor Law Committee (2005, 2007-Current)
- Vice-Chair, Criminal Defense Committee (2010)
- Member, Criminal Defense Committee (2000-Current)
- Radnor Youth Soccer Program – Coach
- Plymouth Community Ambulance Association Board of Directors
- Past Director
- Montgomery County Victim-Offender Conferencing Program
- Past Board member
Publications & Speeches
- State Guidance on Opening for Business, HRMM&L Legal Alert, May 7, 2020
- New Order for Precautions Open Pennsylvania Businesses Need to Take, HRMM&L Legal Alert, April 17, 2020
- Guidance on Major Issues Under FFCRA, HRMM&L Legal Alert, April 1, 2020
- Department of Labor Changes Effective Date of Families First Coronavirus Response Act to Wednesday, April 1, 2020, HRMM&L Legal Alert, March 27, 2020
- What the Stay at Home Order Means, HRMM&L Legal Alert, March 24, 2020
- Can You Keep Your Businesses Open? Waivers May Be Available, HRMM&L Legal Alert, March 23, 2020
- Pa. Government Provides Guidance on Unemployment Compensation, HRMM&L Legal Alert, March 23, 2020
- Congress Enacts Families First Corona Virus Response Act, HRMM&L Legal Alert, March 20, 2020
- Wage and Leave Issues Implicated by the Coronavirus: What You Need to Know and Do, HRMM&L Legal Alert, March 17, 2020
- Employers Beware: Your Employee CAN Sue You for Firing Over Medical Marijuana Use, HRMM&L Legal Alert, January 24, 2020
- Private Cause of Action Under the Medical Marijuana Act for Wrongful Discharge, January 14, 2020
- Pennsylvania Employers Stay on Alert: State Compensation Laws in Flux, HRMM&L Legal Alert, January 13, 2020
- Pennsylvania Compensation Laws in Flux, December 9, 2019
- New Law Requires Pennsylvania Construction Industry Contractors to Use E-Verify, HRMM&L Legal Alert, November 24, 2019
- HRMM&L In Brief Fall 2019 Newsletter, November 20, 2019
- Social Security Administration and “No Match” Letters, HRMM&L Legal Alert, July 31, 2019
- Medial Marijuana – What Employers Must Know, August 15, 2018
- Sexual Harassment: It Could Happen to You, HRMM&L Legal Spotlight, December 6, 2017
- How Much is Too Much? [FMLA and More], HRMM&L Legal Spotlight, October 10, 2017
- Good News for the Unaware Employer, HRMM&L Legal Spotlight, October 6, 2017
- Supreme Court Rules that Former Employees Have No Right to Review Their Personnel Files, HRMM&L Legal Spotlight, July 27, 2017
- To Catch a Thief: Understanding the World of Trade Secrets and Making Non-Competes Work for You,” HRMM&L Business Advisory Group Seminar, June 21, 2017
- “Supreme Court Rules that Former Employees Have No Right to Review Their Personnel Files,” HRMM&L Business Advisory Group website, June 20, 2017
- United States Court of Appeals Applies Civil Rights Protection to the LGBT Community, HRMM&L Legal Spotlight, April 7, 2017
- Sexual Orientation Now Protected Under Title VII, HRMM&L Legal Spotlight, December 14, 2016
- Federal Judge Blocks DOL’s Overtime Regulations, HRMM&L Legal Spotlight, November 28, 2016
- DOL’s Overtime Regulations Set to Take Effect December 1, 2016, HRMM&L Legal Spotlight, October 12, 2016
- Pennsylvania’s Personnel Files Act is Under Review, HRMM&L Legal Spotlight, August 8, 2016
- Dept. of Labor Announces Final Overtime Rule Re Overtime Regulations, HRMM&L Business Advisory Group website, June 30, 2016
- DOL Announces Final Overtime Rule Re Overtime Regulations, HRMM&L Legal Spotlight, June 29, 2016
- EEOC Files Sexual Orientation Discrimination Lawsuits, HRMM&L Business Advisory Group website, March 9, 2016
- Legal Alert: Volunteers for Christmas, HRMM&L Business Advisory Group website, December 10, 2015
- The Perils of Independent Contractor Misclassifications, Employee Background Checks, and Workplace Investigations, CLE seminar presenter, Montgomery Bar Association, August 21, 2013
- Criminal Culpability for Unintended Acts and Consequences, CLE seminar presenter, Montgomery Bar Association, January 29, 2013
- EEOC Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions, HRMML Employment Law Alert, June 15, 2012
- Lecturer, Identity Theft Issues, employee group of a local business
- Lecturer, Criminal and Employment Law
- People’s Law School re Pennsylvania Criminal Procedure
- Pennsylvania Municipal Authorities Association and Montgomery Bar Association re Family Medical Leave Act.
Honors & Awards
- Listed as “Awesome Attorney” for Criminal Defense, DWI/DUI, Traffic Law, and Employment/Labor Law, Suburban Life Magazine, 2012
Ethan is an avid soccer, tennis and platform-tennis player, and is active with his three children’s schools and community youth sports programs.