Focus:
John R. Whipkey serves as Counsel for Bernstein-Burkley, P.C. and focuses on oil and gas and real estate law. John represents companies and individuals who buy and sell mineral rights in Pennsylvania, Ohio, and West Virginia. John has skilled expertise in evaluating land and title issues, litigating oil and gas claims and in negotiating leases, rights-of-way and construction agreements. In addition to his oil and gas practice, John is licensed in North Carolina where he represents individuals in a variation of legal matters.
Admissions:
- Admitted to the State Bar of Pennsylvania
- Admitted to the State Bar of West Virginia
- Admitted to the State Bar of Ohio
Affiliations & Memberships:
- Pennsylvania Bar Association
- Allegheny County Bar Association
- West Virginia State Bar
- North Carolina Bar Association
- National Association of Royalty Owners
Education:
- Gettysburg College ’01 (B.S. Chemistry, magna cum laude)
- University of Pittsburgh School of Law ’04 (J.D.)
Accolades:
Pennsylvania Super Lawyers, Rising Star (2010)
Focus:
Arthur W. Zamosky serves as Counsel for Bernstein-Burkley, P.C. and concentrates his practice on commercial and bankruptcy litigation. In addition to litigation, Art is well-versed in all areas of electronic discovery including the retention, collection, and production of electronically stored information (ESI). As the need to address electronic discovery issues becomes increasingly important, Arthur continues to follow the developing trends and case law in this expanding area.
He Represents:
He has experience representing clients in:
- Federal and State Courts of both Pennsylvania and West Virginia
- The United States Court of Appeals for the Third Circuit
- The Superior Court of Pennsylvania
- Various arbitration and mediation settings
- Suits against corporate offices and directors for breaches of duty for enforcement of contracts for the sale of oil and gas rights and in a larger-scale consumer protection and bad faith litigation involving national insurance companies
Background:
Prior to joining Bernstein-Burkley, P.C., Arthur obtained a vast and varied amount of litigation experience. Having represented both plaintiffs and defendants in numerous cases, he gained the perspective to see all sides of a matter in litigation. He has defended clients in many types of commercial and civil litigation including contract disputes, products liability claims, employment cases and catastrophic injury lawsuits.
Notable Cases:
His ability to think on his feet and react quickly and decisively when necessary has been an asset to his clients in the following cases:
- Art represented an Official Committee of Unsecured Creditors in a lawsuit for breach of fiduciary duty filed against the officers and directors of a nursing home. He served as lead counsel for a complex, two-week jury trial which resulted in a verdict of $5,750,000 in favor of the client.
- He defended a class action lawsuit against a client which stemmed from alleged violations of a consumer protection statute. Through hard work and diligence, Art negotiated a favorable settlement on behalf of the client. In the Final Order approving the resolution, the Court recognized Art as “an experienced litigation attorney” and commended him for his “knowledge and skill to bring about a prompt and effective resolution to a complex matter while vigorously protecting his client’s rights.”
- Art represented a client that entered into a Purchase and Sale Agreement (“PSA”) to sell its deep gas rights to another oil and gas entity. The purchaser/non-client attempted to invalidate the PSA and Art filed a complaint seeking specific performance of the Agreement and other injunctive relief. He obtained the requested injunction and subsequently resolved the matter, resulting in a payment to the client of $10,000,000.
Admissions:
- Admitted to the State Bars of Pennsylvania and West Virginia
- Admitted to practice before the United States District Courts for the Western District of Pennsylvania and the Northern and Southern Districts of West Virginia
- Admitted to practice before the United States Court of Appeals for the Third Circuit
Education:
- Waynesburg University (B.S. business administration, magna cum laude)
- University of Dayton School of Law (J.D.)
Donald E. Machen, DMD, MD, JD, MBA, CFA, practices law and serves as a mediator and arbitrator in Florida and Pennsylvania, as well as nationally. He has mediated and/or arbitrated countless matters involving business, healthcare and financial issues, many of which were sophisticated and complex in nature. Judge Machen is a Chartered Financial Analyst and a member of the CFA Institute (formerly AIMR), Pittsburgh Society of Financial Analysts and the CFA Society of South Florida.
Previously, he spent 19 years as a trial court judge and four years as a magistrate judge with the City of Pittsburgh. Prior to being appointed to the trial court bench, he was appointed by the Allegheny County civil trial court to serve as chief arbitrator in healthcare matters that were identified as complex. He was appointed as a Judge by Governor Tom Ridge in 1995. That year he was elected to a 10-year term, and was later re-elected to a second term. He was also associated with the international law firm Kirkpatrick & Lockhart, (now K&L Gates) in its Pittsburgh office, concentrating on commercial and professional negligence defense litigation, securities and tax law.
He is managing principal at Risk Management Consultants of South Florida, LLC, a professional negligence risk management and financial analysis and risk modeling consultancy. He is a frequent lecturer in the areas of professional negligence law, practice management and risk management. Dr. Machen developed and implemented a risk management auditing protocol for professional practices to eliminate medical error and reduce and/or eliminate professional negligence in over 600 offices.
For 25 years, Professor Machen was an Adjunct Professor of Law at Duquesne Law School, and currently serves an Associate Professor of Orthodontics at both Case Western University Dental School and the University of Pittsburgh Dental School. Dr. Machen was Editor of the Legal Aspects of Orthodontic Practice column in the American Journal of Orthodontics, authoring professional articles on risk management and law in that journal and in the Journal of Clinical Orthodontics. He has authored a Forms and Correspondence Manual on Risk Management, and has co-authored the book entitled, Managing Risk in Orthodontic Practice. Dr. Machen was a principal presenter at the first Risk Management Teleconference to 2,500 orthodontists nationwide.
Law Admissions:
- Admitted State Jurisdictions: Florida and Pennsylvania
- Admitted Federal Jurisdictions: United States Supreme Court, United States District Court for the Southern District of Florida and United States District Court for the Western District of Pennsylvania
Certifications:
- Florida Supreme Court Certified Circuit Civil Mediator and Appellate Mediator
- Florida Supreme Court Qualified Arbitrator
Background:
- Born in Pittsburgh, PA
- Duquesne University School of Law, J.D., Magna Cum Laude; Law Review
- The University of Pittsburgh School of Dental Medicine, D.M.D., M.S.D., and certificates in pediatric dentistry and orthodontics
- The University of Health Sciences, M.D.
- The University of Chicago Graduate School of Business, M.B.A.
Affiliations, Memberships and Boards:
- CFA Institute (formerly AIMR)
- Pittsburgh Society of Financial Analysts
- CFA Society of South Florida
- Omicron Kappa Upsilon
- American Board of Orthodontics, Diplomate
- College of Diplomates, Fellow
- American College of Dentists, Fellow
- American Association of Orthodontists, Risk Management Committee
- The United Way of Southwestern Pennsylvania
- The Jewish National Fund
- Parental Stress Center
- Commissioner, Pittsburgh Planning Commission
- The University of Pittsburgh Scholarship Committee
- The Prison Board of Allegheny County
- The Attorney General of Pennsylvania’s Advisory Board on Law and Medicine