Portrait of Don Foster

Don P. Foster

Senior Counsel

Don Foster has been trying cases to verdict in federal and state courts throughout the country for over forty years.  His trial and alternative dispute resolution experience is varied and includes disputes involving, intellectual property, health care, franchising, corporate governance, law firm dissolutions, attorney relocation and fiduciary litigation in Pennsylvania's Orphans Courts.

Prior to joining Offit Kurman, Don was a partner in another prominent Philadelphia law firm. Prior to that he served as a law clerk to the Hon. James S. Bowman (dec'd), President Judge of the Pennsylvania Commonwealth Court, and as a consultant with the International Energy Agency in Paris.

Don is a member of the Board of Directors of Highmark, Inc., one of the larger Blue Cross/Blue Shield companies in the country, whose health plans provide health insurance coverage and related services to the citizens of Pennsylvania, Delaware, New Jersey and Western New York He currently serves as Chairman of the Highmark’s Investment Committee after chairing the Audit Committee. 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.

During his career, Don has served in various leadership roles in and out of the legal profession.  He has chaired the Professional Responsibility and Federal Courts Committees of the Philadelphia Bar Association, serves as a Judge Pro Tempore in the Philadelphia Court of Common Pleas, and completed a two-year term as a Delegate in the Pennsylvania Bar Association House of Delegates.

Don has also been voted a Pennsylvania Super Lawyer by a vote of his peers and in 2013 was recognized as a Top Lawyer in Health Care. For more than 40 years, Don has received Martindale Hubbel’s highest “AV” rating, and for the past 15 years has been a member of the American Bar Foundation Fellows, an honorary society of attorneys, judges, faculty and scholars whose careers have demonstrated dedication to the highest principles of the legal profession.

    Education

    • Dickinson College (J.D.)
    • University of North Carolina at Chapel Hill (B.A.)

    State Bar Admissions

    • Pennsylvania

    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 District Court for the Western District of Michigan

    Professional Affiliations

    • Pennsylvania Bar Association
    • Philadelphia Bar Association
    • Board of Directors of Highmark, Inc., Member
    • Investment Committee of Highmark, Inc., Chairman
    • Highmark, Inc., Executive and Corporate Governance Committees
    • Philadelphia Court of Common Pleas, Judge Pro Tempore
    • Pennsylvania Bar Association House of Delegates, Delegate

    Recognitions

    • Morehead-Cain Scholar
    • Dana Fellow
    • National Winner, The Association of Trial Lawyers of America, Environmental Law Essay Contest
    • American Bar Foundation Fellow
    • Pennsylvania Super Lawyer
    • Top Lawyer in Health Care, 2013
    • Martindale Hubbel’s highest “AV” rating

Firm Highlights

  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.
  • Events
    The 2026 Economic, Tax, and Accounting Updates
    We are looking forward to the Mid-Atlantic CFO Roundtable's next event on November 13, 2026. This is a program with topics built for Finance Executives. We are extremely fortunate to have three excellent speakers: Dr. Daraius Irani, Vice President of Business and Public Engagement at Towson University; Mike Stankus, Tax Office Managing Principal at BDO; and Daniel Wahlberg, Managing Partner of Acclare Solutions. The economy is rapidly changing with various factors driving it. The November 3rd midterm elections may also have an impact. Our three expert presenters will discuss the ramifications of the election, and the current year updates to GAAP financial reporting and Federal and State income taxes. Please join us for what will surely be an informative and timely discussion. Meet Our Speakers: Daraius Irani, Ph.D. • Towson University Vice President, Business & Public Engagement Dr. Daraius Irani serves as Vice President of Business and Public Engagement at Towson University as well as the chief economist for the Regional Economic Studies Institute (RESI) at Towson University, a policy group providing economic, fiscal impact, and policy analysis to public and private entities.  Dr. Irani is often called upon to provide economic presentations to organizations across Maryland. He has appeared on numerous television programs and in local and regional print media. Dr. Irani holds a Ph.D. in economics from University of California, Santa Barbara. Dan Wahlberg • Acclare Solutions Managing Partner With over 28 years of experience, Dan Wahlberg is a recognized leader in audit and assurance for the Mid-Atlantic’s middle market business community. As a licensed CPA in Maryland and Virginia, Dan has led assurance practices at top regional firms, including serving as Baltimore Audit Managing Partner and Assurance Practice Leader at BDO USA in Baltimore and as Partner and member of the Management Committee at Hertzbach & Company P.A which merged into BDO in 2020. His expertise centers on delivering clarity, strategic guidance, and proactive solutions to middle-market businesses across Baltimore and beyond. His entrepreneurial spirit has led him to begin a new CPA firm this year with four other CPAs serving the business community. Dan holds a Bachelor of Science in Accounting from Rutgers University and began his career at PWC in New York. He is also deeply engaged in the community, previously serving as President of ACG Maryland and current Board member and as Audit Committee Member for The Associated: Jewish Federation of Baltimore.  Mike Stankus • BDO USA LLP Tax Office Managing Principal Mike Stankus is the Tax Office Managing Principal for the firm’s Baltimore office. He has more than 16 years of experience providing tax planning and preparation and management advisory services for his clients. Mike focuses on advising privately held businesses and their owners on effective growth and tax strategies. He also performs various engagements for mergers and acquisitions and complex cost accounting projects and projections. In addition, he represents various government contracting clients before the DCAA and assists with FAR compliance. Mike’s areas of concentration include working with government contractors, professional service firms, construction companies, and homebuilders.