Cozen O’Connor: Krauss, Aaron

Aaron Krauss

Member

Philadelphia

(215) 665-4181

(215) 701-2381

Recent News:

Cozen O'Connor Encourages Attorneys to Use Preferred Pronouns in Show of Solidarity

Aaron Krauss discussed with The American Lawyer how the firm is encouraging its attorneys to use their preferred pronouns in their email signatures.

Aaron Krauss concentrates his practice on business litigation, health care litigation, labor and employment litigation, and intellectual property litigation.

Aaron tries cases in both state and federal court and before arbitration panels on behalf of companies (or officers, directors or shareholders of companies) who have disputes with other companies or shareholders. These disputes usually arise out of a prior business or employment relationship, or allegations of products liability. Although clients always want to win their case, Aaron recognizes that business goals must remain paramount, and a victory that comes at too great a cost either in terms of dollars spent or the harm to an otherwise important relationship is at best a pyrrhic victory. As a result, he provides practical advice recognizing that the lawsuit he is handling is only a part of a larger whole.

Aaron has been named one of "40 Business Leaders Under 40" by the Philadelphia Business Journal and as a "Lawyer on the Fast Track" in Pennsylvania by American Lawyer Media. He has repeatedly been named a "Super Lawyer" in Pennsylvania by Law & Politics.

Aaron has held various leadership roles within the American Bar Association's Litigation Section, including chair of the Health Law Committee (2016-17). Aaron is a former vice chair of the Business Torts Committee of the American Bar Association’s Tort and Insurance Practice Section (1999–2004) and a former articles editor of the Tort & Insurance Law Journal (1995–1999). He wrote and edited the book An Introduction to Health Law Litigation Based on Contract and Government Claims (ABA First Chair Press, 2016). He was also an associate editor of the Handbook of Federal Judicial Practices and Procedures for the Eastern District of Pennsylvania, published by the Philadelphia Bar Association in conjunction with West Publishing Company (1996).

Outside of the law, Aaron is very involved with civic, charitable, and community organizations. For nearly two decades, Aaron served on the board of directors of Philabundance, a charitable organization that arranges for food that would otherwise be wasted to be distributed to community and relief organizations, including two years as chairman, one year as vice chairman, and four yeas as treasurer. Aaron is active in the United Way, and headed a team of attorneys who work with the United Way's Campaign for Working Families. He has served on the board of directors of Keneseth Israel, and as an officer of the congregation, as well as on the advisory board of the Moss Rehabilitation Hospital. Finally, for six years he served on the board of the Abington Band Boosters.

Aaron served as a law clerk to the Hon. Edward N. Cahn, U.S. District Court for the Eastern District of Pennsylvania from 1991-1992.

Aaron earned his Bachelor of Arts, magna cum laude, in 1988 from the University of Michigan, where he was a member of Phi Beta Kappa, and his law degree from the University of Pennsylvania, magna cum laude, in 1991, where he was a member of the Order of the Coif and the law review.

Experience

Publications

What to Do When Doctors Can't Heal Themselves [ABA Health Law Litigation Section]

March 28, 2017

Aaron Krauss, a member of Cozen O'Connor's Commercial Litigation department, discusses what to do when doctors can't heal themselves in the ABA Health Law Litigation Section.

An Introduction to Health Law Litigation Based on Contract and Government Claims [ABA]

June 10, 2016

Aaron Krauss, a member of Cozen O'Connor's Health Care practice, discusses health law litigation based on contract and government claims in a book published by the American Bar Association.

Trying Your First Case - A Practitioner's Guide [ABA Trial Practice Committee]

August 12, 2014

Aaron Krauss, a member of the Commercial Litigation department, authored a chapter on Cross-Examination in the ABA Trial Practice Committee’s text, ''Trying Your First Case: A Practitioner's Guide.'' The Guide provides practical advice for lawyers who are preparing for their first trial, as well as attorneys who have tried numerous cases. It includes details on how to prepare efficiently, how to cross-examine witnesses, and how to present your case in a professional and informative way.

Disclosure of Trade Secrets in Trade-Secret Litigation: A Frequent Catch-22 [ABA Section of Litigation]

May 19, 2014

Aaron Krauss, member of the Philadelphia office’s litigation department, wrote an article for americanbar.org, detailing the difficulties of safeguarding trade secrets in the modern era, and in the event that a client’s trade secrets are exposed, how to defend them in court.

Unable to Enforce a Contractual Noncompete? [ABA Section of Litigation]

February 24, 2014

Courthouse wisdom is that judges generally dislike noncompetes. After all, everyone should be entitled to earn a living, right? As a result, judges often look for a reason to find that a noncompete is inapplicable, or should not be applied in the particular situation facing the court (for example, because it is overly broad). The former was the case in Gingrich v. Midkiff, 120332-U (Ill. App. 5th 2014), in which a court refused to enforce a noncompete between two doctors because the shareholders’ agreement provided that the noncompete was only triggered if one of the doctors either withdrew or was expelled from the practice. That isn’t what happened in Gingrich. On the contrary, after the doctors started suing each other, one doctor bought out the other under an Illinois “deadlock” statute. As a result, the “departing” doctor didn’t “withdraw” and wasn’t “expelled.” Instead, she was statutorily bought out.

When Competitors Make You Crabby [Food Recall Monitor Blog]

August 14, 2012

Everyone in the food industry wants to come up with their “secret sauce” -- that unique ingredient (or combination of ingredients) that sets them apart from others.  But coming up with a secret sauce isn’t enough.  Once you do, you have to let consumers know.  After all, the point of having a...

"Leave It to the Accountants--They'll Solve All Our Problems" [Bloomberg BNA]

June 22, 2012

"Leave It to the Accountants--They'll Solve All Our Problems" - Bloomberg BNA - You know the call. It usually comes in just before 5 p.m. on a Friday. During tax season, no less. One of your clients either bought or sold a business. Now there is a dispute. Usually it is over a post-closing adjustment. Working capital adjustments are most often the culprit, but it could be a dispute over inventory write-offs, or even the value of the company. Sometimes it is a dispute over the earn-out...

The Pros and Cons of Minimally Processed Food [Food Recall Monitor Blog]

April 24, 2012

On April 11, 2012, Jerry Scott and Jim Borgman managed (in their usual hilarious way) to put their finger on one of the dilemmas facing the food industry when they penned a Zits comic strip showing Pierce grabbing a live chicken during lunch so he could have a fresh egg, while Jeremy contents...

The Pros and Cons of BPA [Food Recall Monitor Blog]

April 05, 2012

Despite an outcry by some consumer advocates, the FDA has declined to ban BPA (bisphenol A) in food containers.  Interestingly, the FDA refused a ban because opponents didn’t provide enough data to support a rule change.  Because the FDA said that the issue merited further study, it is possible that...

When Kovel Letters Spell Trouble for a CFO [BNA]

August 19, 2011

When Kovel Letters Spell Trouble for a CFO - BNA - Cozen O'Connor's Aaron Krauss writes in BNA's Accounting Policy & Practice Repot that an outside accountant's work can be privileged if the accountant is providing new services at the direction of a lawyer under a specific engagement letter with the lawyer. Aaron explains that if the accountant proceeds under a Kovel letter, the accountant will have done everything possible to protect the client's interests.

Why the Jury Is (Still) Out [Risk and Insurance]

August 25, 2010

Why the Jury Is (Still) Out - Risk and Insurance - What lessons does the Blagojevich trial hold for risk managers staring down a case that's gone to a
civil jury? It finally happened. After years of being able to resolve most disputes before lawyers
even got involved, and after either winning the rest of your cases on motions or settling before trial, there was one case that the judge wouldn't dismiss and that you couldn't settle. It actually went to trial. Your record as a risk manager is no longer perfect

How Many Accountants Does It Take to Go to Trial? [The Legal Intelligencer]

February 22, 2010

How Many Accountants Does It Take to Go to Trial? - The Legal Intelligencer - I was going to trial. My client was a mid-sized business. I needed to prove damages, and show that my client's internal controls were appropriate. The budget was tight — as it always seems to be — but I had an ace in the hole. My client was audited.

Reducing the Risk of Failure [Food Safety Magazine]

June 01, 2009

Reducing the Risk of Failure - Food Safety Magazine - It seems like every week there is a front page
story about something that got into some part of the food supply. Pathogens. Allergens. Contaminants.
Bits of metal. Everyone is yelling for the
government and industry to do something. There should be more tests. There should be more standards. There should be more inspections. There should be more oversight.

When Fraud Happens to You: Evaluating Your Options & Best Chances for Recovery [Forensic Insight]

February 01, 2009

When Fraud Happens to You: Evaluating Your Options & Best Chances for Recovery - Forensic Insight - Recently, the scariest part of each day is opening the morning newspaper and seeing what new fraud has made the headlines. Bernard Madoff and his hedge fund. Joseph Forte and his investment fund. Jack Bennett and New Era Philanthropy. John Rigas and Adelphia. Hopefully, the article under the headline won’t mention you or your clients. But sometimes it does.

The Shadow Knows No Bounds [Risk & Insurance]

September 01, 2008

The Shadow Knows No Bounds - Risk & Insurance -

The Sheriff's Trail [Risk & Insurance]

May 01, 2008

The Sheriff's Trail - Risk & Insurance -

Eliminating the Weakest Links [Risk & Insurance]

April 15, 2008

Eliminating the Weakest Links - Risk & Insurance -

Saving Money by Saving Money [Risk & Insurance]

April 01, 2008

Saving Money by Saving Money - Risk & Insurance -

Private inspections of produce can help alleviate the United States' overburdened border control [Nation's Restaurant News]

January 14, 2008

Private inspections of produce can help alleviate the United States' overburdened border control - Nation's Restaurant News -

Fall 2007 [Commercial Disputes Observer]

November 07, 2007

Fall 2007 - Commercial Disputes Observer -

A Dissenting View On Arbitration [Corporate Counsel]

June 01, 2006

A Dissenting View On Arbitration - Corporate Counsel - Many lawyers say corporations fare better in
arbitration. They say arbitration is faster and
cheaper than litigation. They say arbitration
reduces “runaway verdicts.” Some even whisper (outside the presence of judges, of course) that arbitrators are smarter than judges.

Events & Seminars

Past Events

2019 Brindisi Tax Academy

June 28, 2019 - Wayne, PA

Pennsylvania Bar Institute: Business Owners Disputes

October 26, 2018 - Philadelphia, PA

Health Law Year in Review Regional CLE

February 03, 2017 - Miami, FL

22nd Annual Business Law Institute

November 15, 2016 - Philadelphia, PA

2016 Section of Litigation Annual Conference

April 14, 2016 - Chicago, IL

PBI 22nd Annual Health Law Institute

March 15, 2016 - Philadelphia, PA

PBI's Deal Documents in Litigation

December 03, 2015 - Philadelphia, PA

2015 Brindisi Tax Academy

May 01, 2015 - St. Davids, PA

Aaron Krauss to Address the Brindisi Tax Academy

May 23, 2014 - St. Davids, PA

Deal Documents in Litigation

February 25, 2013 - Philadelphia, PA

Business Divorce

June 29, 2012 - Wayne, PA

Law of Electronic Commerce

November 02, 2000 - Philadelphia, PA

Education

  • University of Pennsylvania Law School, J.D., magna cum laude, 1991
  • University of Michigan, B.A., magna cum laude, 1988

Awards & Honors

Pennsylvania Super Lawyers 2009-2019

  • Pennsylvania
  • New York
  • New Jersey
  • Pennsylvania Supreme Court
  • Supreme Court of New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Eastern District of Michigan
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. District Court -- Western District of Pennsylvania
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York

Honorable Edward N. Cahn, U.S. District Court - Eastern District of Pennsylvania

  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association