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Alan C. Gershenson

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Practice Concentration

Mr. Gershenson specializes in commercial litigation with particular emphasis on bank and lender clients.  Mr. Gershenson is an expert in all aspects of creditors' rights, and has represented, advised, and litigated on behalf of lenders on a wide variety of matters including, among other things, foreclosures, confessions of judgment, lender liability (including defense of consumer class actions), bankruptcy, negotiable instruments, letters of credit, and responding to garnishments of accounts.

Biography

Alan Gershenson graduated from Penn State with high honors in 1967 and was elected to Phi Beta Kappa.  After graduating from Harvard Law School in 1971, he began his legal career at Blank Rome Comisky & McCauley where he learned trial and appellate advocacy from Marvin Comisky and Edwin Rome, and banking and commercial law from Morton Newman.  He became a partner at Blank Rome in 1979.  In June 2007, Alan joined Lamm Rubenstone LLC.

While at Blank Rome, Alan handled a wide variety of commercial cases, but his trial practice centered on representation of banks and other lenders.  That representation was wide ranging.  From very early on, he represented consumer lenders against allegations that they engaged in predatory or other practices in violation of various consumer protection laws.  He also defended commercial lenders against liability claims.

Primarily, however, he assisted lenders in collecting moneys owed to them.  He handled the mortgage foreclosure of possibly the largest apartment complex in the Philadelphia area.  He was involved in several cases involving lien priorities where other types of creditors tried-always unsuccessfully-to assert liens ahead of his bank clients’ security interests.  He has successfully represented banks in cases involving negotiable instruments and letters of credit.  He even successfully represented a major bank in a substantial dispute with a landlord.

Alan’s experience and reputation in bank representation led to several other related representations.  He defended a Philadelphia law firm against claims by a local bank that the law firm had improperly handled dozens of mortgage foreclosure matters over a number of years.  He settled a class action against a national mortgage foreclosure law firm for a nominal amount in a case where the law firm was alleged to have regularly violated the Federal Fair Debt Collection Practices Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Law.  And, after he foreclosed on an 1800 unit apartment complex and his lender client sold the property, he successfully defended a class action against the new owner relating to the manner in which it collected delinquent utility bills from tenants.

He and Elaine, his wife of 39 years, live in Rydal.  They have two grown children and, so far, one grandchild. 

Educational Background

Harvard University Law School, JD, 1971

Pennsylvania State University, BA with High Honors, 1967 (Phi Beta Kappa)

Professional Associations

Member, American Bar Association, Litigation Section, Commercial Litigation Committee, Past Co-Chair of Environmental and Bankruptcy Subcommittees, Bankruptcy and Insolvency Litigation Committee

Member, Pennsylvania Bar Association

Member, Philadelphia Bar Association, State Civil Procedures Committee, Fee Disputes Committee

Member, Eastern District of Pennsylvania Bankruptcy Conference

Presentations and Publications

Member of Pennsylvania Bar Institute Panel on Confessions of Judgment and Deficiency Judgments, 1996, 1999, 2003, and 2005 - Prepared the Course Materials on Procedural Aspects of Confessions of Judgment

Article, "Courts Continue to Wrestle with Arbitration Provisions in Consumer Contracts,"  The Real Estate Finance Journal, Summer, 2006

Article, "Right to Rescind Survives Refinance,"  Equity Update of the National Home Equity Mortgage Association, May 2006

Several Articles for American Bar Association's Commercial Litigation Committee Newsletter and for Blank Rome Publications for Corporate Litigation Practice Groups and Consumer Lending Practice Group.

Author of Section on Preliminary Injunctions for Original Edition of Philadelphia Court of Common Pleas Trial Manual.