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Russell D. Giancola

Partner | Litigation

Overview

Russ is a Partner in WH Burkley’s Litigation Group. He is an experienced trial lawyer who represents businesses, organizations, and individuals in complex litigation matters. His practice focuses on commercial litigation and election law.

Russ has represented clients across a range of industries, including construction, financial services, healthcare, maritime, and telecommunications. He has extensive experience handling title and warranty claims, bankruptcy and creditors’ rights matters, breach of contract disputes, insurance coverage issues, employment claims, professional liability matters, and corporate and internal investigations. He also has significant appellate experience and has successfully represented clients before appellate courts.

In his election law practice, Russ advises and represents local, state, and federal candidates, political committees, and other stakeholders in election-related matters. His experience includes election contests, nomination challenges, recounts, ballot disputes, absentee and mail-in voting issues, and redistricting litigation. He has also helped plan and implement election-day operations for numerous campaigns.

Experience

COMMERCIAL LITIGATION
  • Represented the widow of a company executive in contentious litigation relating to company’s buyout of her husband’s shares pursuant to a shareholder agreement.
  • Represented publicly traded builder in claims against developer, engineers, and excavators following catastrophic landslides that resulted in the evacuation and condemnation of multiple homes, securing a multi-million dollar recovery.
  • Represented multiple trustees of irrevocable trusts in actions alleging breach of fiduciary duties and seeking surcharges.
  • Secured a defense verdict in a civil case brought by a nationally-recognized plaintiff’s firm for punitive damages on behalf of a skilled nursing facility.
  • Obtained summary judgment on behalf of homebuilder in design-defect case where the plaintiff claimed to have suffered traumatic brain injury.
  • Obtained a directed verdict for a housing authority in a slip-and-fall case.
ELECTION LAW
  • Represented the Speaker of the Pennsylvania House of Representatives in conjunction with multi-jurisdictional and multi-venue redistricting litigation regarding the 2011 Congressional map.
  • Represented the Speaker of the Pennsylvania House of Representatives with respect to a constitutional challenge to Pennsylvania’s absentee ballot laws.
  • Represented the National Republican Congressional Committee in conjunction with the special election for the 18th Congressional District and election day operations for key congressional races in Western Pennsylvania.
  • Successfully represented incumbent state representatives during the canvass and subsequent election challenges brought by their opponents.
  • Filed an amicus brief with the Supreme Court of the United States in Rucho v. Common Cause, arguing that partisan gerrymandering claims are nonjusticiable, which position the Supreme Court adopted.
  • Filed an amicus brief on behalf of prominent Catholic civil rights organization, advocating a position that was adopted by the Pennsylvania Supreme Court.

(Certain of the above matters were completed prior to joining WH Burkley)

Recognition

  • Pennsylvania Defense Institute Young Lawyer of the Year | 2016
  • Super Lawyers –  (Pennsylvania) | 2015-2018
  • Super Lawyers – “Rising Star” (Pennsylvania) | 2011-2014

Associations

  • Allegheny County Bar Association | Member
  • Pennsylvania Bar Association | Member
  • Notre Dame Club of Pittsburgh | Member

Education

  • University of Colorado School of Law, J.D.
  • University of Notre Dame, B.A.