For the arbitration, McNeil turned to Bruce Ficken, then chairman of Pepper Hamilton’s construction litigation group, as lead counsel. Jeffrey Mullen and Richard Foltz worked with Ficken on the case, the complaint said.
Cozen O’Connor partners Paul Leary Jr. and F. Brenden Coller represent Mahoney, the complaint said. In arbitration, Mahoney sought final payment for the construction project, but McNeil made a counterclaim, alleging the work was deficient.
In March 2017, Ficken stopped communicating with McNeil, the complaint alleged. McNeil then learned through other sources that Ficken, Mullen and two other members of Pepper Hamilton’s construction litigation group had left for Cozen O’Connor. Foltz remained, but did not have sufficient knowledge about the case, the complaint said.
“At a critical point in the arbitration process, McNeil suddenly found himself with no legal representation, and no information about his case, while his former lawyers were now working at the opposing party’s law firm,” the complaint said.
