Don P. Foster
Business Litigation And Intellectual Property Litigation
Don Foster serves as the Chair of Offit Kurman’s Commercial Litigation Practice Group. He is an experienced litigator, having tried cases to verdict in federal and state courts throughout the country, but also serves as outside general counsel and advisor to small businesses in a variety of industries. His trial and alternative dispute resolution experience is varied and includes disputes involving title insurance, intellectual property, health care, franchising, corporate governance, law firm partnership and closely held businesses. He also frequently litigates fiduciary disputes in Pennsylvania's Orphans Courts.
- J.D., Dickinson School of Law
- B.A.(cum laude - Morehead Scholar), University of North Carolina at Chapel Hill
Bar and Court Admissions
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Western District of Pennsylvania
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Third Circuit
Points of Distinction
Mr. Foster is a member of the Board of Directors of Highmark, Inc., one of the largest Blue Cross/Blue Shield companies in the country. He currently serves as Chairman of the company's Investment Committee after chairing the Audit Committee for ten years. He also serves on the Executive and Corporate Governance Committees. Prior to the formation of Highmark, he served on the Board of Pennsylvania Blue Shield. Mr. Foster serves as a Judge Pro Tempore in the Philadelphia Court of Common Pleas, and has been appointed to a two year term as a Delegate in the Pennsylvania Bar Association House of Delegates.
Mr. Foster has also been voted a Pennsylvania Super Lawyer repeatedly since 2004 by a vote of his peers and in 2013 was recognized as a Top Lawyer in Health Care. For more than 25 years, Mr. Foster has received Martindale Hubbel’s highest “AV” rating.
Mr. Foster is active in professional and community organizations. He was selected to be a member of the American Bar Foundation. He is a former chairman of the Philadelphia Bar Association's Professional Responsibility Committee and the Federal Courts Committee. He frequently is asked to instruct practicing lawyers on trial practices and procedures and professional responsibility.
Before entering private practice, he worked for two years as a law clerk to the Hon. James S. Bowman, president judge of the Commonwealth Court, and then for two years as a legal consultant to the International Energy Agency in Paris, France.
- "Limiting Disclosure of Client Information When Changing Firms", The Legal Intelligencer, September 22, 2015.
- The Role of Litigation Counsel in Managing Client Expectations, Costs in Closely
Held Business Disputes, November 28, 2012
- Discoverability of Litigation Hold Notices in Pennsylvania, Legal Intelligencer, February 12, 2013
- Managing the Risk to Payors Posed by Changing Health Care Delivery Models, The Journal of Enterprise Risk Management, June 2012
- "Law Firm Compensation to Departing Lawyers", The Legal Intelligencer and The Pennsylvania Law Weekly, March 6, 2012
- "Do's and Don'ts for Lawyers Departing a Law Firm", Three part series from the Legal Intelligencer Blog, February 2012
- "Overview of Insurance Title Claims and Litigation", updated February 20, 2012
- “Mastering Real Estate Titles and Title Insurance in Pennsylvania," presentation at the National Business Institute Seminar