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David G. Concannon

 

Mailing Address:

100 Sun Valley Road, No. 329

Sun Valley, Idaho 83353

E-mail: click here

Tel: 610-293-8084

Fax: 877-736-2434

Professional Summary
 

David G. Concannon, Esquire is a trial lawyer practicing primarily in areas of commercial litigation, intellectual property, sports and recreation, wrongful death and products liability.  After clerking for Chief U.S. District Court Judge Louis C. Bechtle in Philadelphia, Mr. Concannon was associated with Kohn, Swift & Graf before he founded his own firm in Wayne, Pennsylvania in 2002.  The firm, which became Concannon & Charles in 2016, has a diverse nationwide practice and an international client base.  The firm expanded to Ocean City, New Jersey in 2014 and Sun Valley, Idaho in 2017, and Mr. Concannon divides his time between both offices.

 

Mr. Concannon has tried numerous cases to verdict in state and federal courts across the United States.  He has not lost a trial since 1995.  Some of his successes include achieving a $3.9 million jury verdict to enforce an oral agreement for the sale of a business, a $3.1 million verdict in a misappropriation of trade secrets case, a $30 million punitive damages verdict in a commercial litigation case, one of the top 50 jury verdicts in the United States in 2005, the second highest jury verdict in Pennsylvania, and one of the highest jury verdicts ever recorded in a tortious interference case.  He has successfully defended hundreds of millions of dollars in claims asserted against the firm’s clients, and his victory in the internationally-televised $25 million Skiles v. Lamartek, Inc. trial in Florida was chosen as one of the “Top 10 Defense Verdicts of 2016.


Mr. Concannon is an expert in legal issues effecting exploration.  In 2002, he founded Explorer Consulting, a highly specialized consulting practice that advises clients on “the business of exploration,” including organizing and financing expeditions, producing documentaries for film and television, and monetizing intellectual property rights.  Mr. Concannon has extensive experience in this area, having served as the General Counsel to several organizations, including The Explorers Club and the X-Prize Foundation.  He has led expeditions to explore the Titanic and to find and recover the Apollo F-1 rocket engines that launched men to the moon.  In 2014, Mr. Concannon and the team he led for Bezos Expeditions' Apollo F-1 Search & Recovery Project were awarded The Explorers Club Citation of Merit for “an outstanding feat of exploration.”  This is the same recognition given to Dr. Robert Ballard for the discovery of the Titanic in 1985, and to the first American team to summit Mt. Everest in 1963.

Experience

 

Employment

 

Founder & Principal, Concannon & Charles, Sun Valley, Idaho and Ocean City, New Jersey, 2002-Present.

Founder & Principal, Explorer Consulting, Sun Valley, Idaho, 2002-Present.

Of Counsel, Feldman & Pinto, P.C., Philadelphia, Pennsylvania, 2000-2002.

Associate, Kohn, Swift & Graf, P.C., Philadelphia, Pennsylvania, 1995-2000.

Law Clerk, Chief Judge Louis C. Bechtle, United States District Court for the Eastern District of Pennsylvania, Philadelphia, Pennsylvania, 1992-1995.

Associate, Conrad O’Brien Gellman & Rohn, P.C., Philadelphia, Pennsylvania, 1991-1992.

Professional & Community Involvement

 

Advisory Board, Schmidt Marine Technology Partners, San Francisco, California, 2018-Present

The Explorers Club, New York, New York. 

  • Vice President, Flag & Honors, 2015-2018.

  • Member, Flag & Honors Committee, 2006-2018. 

  • Member, Bylaws Committee, 2011-2015.

  • Member, Board of Directors, 2003-2006.

  • Chairman, Legal Committee (equivalent of General Counsel), 1997-2001.

  • Chairman, Philadelphia Chapter, 1997-2001. 

Member, Board of Directors, Sun Valley Community Chest, Sun Valley, Idaho, 2016-Present.

General Counsel, Rebreather Education & Safety Association, 2010-Present.

Outside Counsel, American Academy of Underwater Sciences, 2014-Present.

Member, Board of Trustees, Holt-Elwell Memorial Foundation, East Hebron, New Hampshire, 2009-2017.

Pro bono counsel, Philadelphia Volunteer Lawyers for the Arts, 1991-2016.

U.S. General Counsel, Anglo-Danish Maritime Archaeology Team, 2003-2009.

Member, Board of Directors, Sea-Space Symposium, 2003-2006.

General Counsel, X-Prize Foundation, Los Angeles, California, 2003-2006.

General Counsel, Academy of Underwater Arts & Sciences, 2001-2005.

Sampling of Significant Court Decisions

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014) - In a misappropriation of trade secrets case involving the launch system for the Antares rocket, finding that trade secret protection applies to more than just a company’s intellectual property and clarifying elements of claims for tortious interference with contractual relationships, misappropriation of trade secrets, and violations of the Lanham Act and Computer Fraud and Abuse Act.

DeWolf v. Kohler, 452 S.W.3d 373 (Tx. App. - Houston [14th Dist.] 2014) - Upholding defense verdict and pretrial dismissal of several defendants in wrongful death and product liability action.

CGB Occupational Therapy, Inc. v. RHA Health Servs., Inc., 499 F.3d 184 (3rd Cir. 2007) - Finding a 7:1 ratio of punitive damages to compensatory damages constitutional in a tortious interference with contractual relations case and observing “litigants should not have to face something akin to medieval trial by combat to resolve a basic business dispute.   

R.M.S. Titanic, Inc. v. Haver, 171 F.3d 943 (4th Cir.), cert. denied, 528 U.S. 825 (1999) - Restoring access to the wreck site of the R.M.S. Titanic for exploration and photography and finding that intellectual property rights are not part of exclusive salvage rights.

Sampling of Significant Jury and Non-Jury Verdicts

 

Advanced Fluid Systems v. Huber, Civ. No. 1:13-CV-3087, U.S. Dist. Court, M.D. Pa. (2018) - Non-jury verdict for plaintiff and judgment entered in the amount of $3.1 million for misappropriation of trade secrets, breach of fiduciary duty, and aiding and abetting breach of duty.

Skiles v. Lamartek, Inc., 2012-CA-013132, Fla. Cir., 15th Jud. Cir., Palm Beach Co., Florida (2016) - Verdict for defendant in a $25 million wrongful death and products liability action.

DeWolf v. Kohler, Cause No. 2010-46416, 165th Judicial District Court, Harris County, Texas (2013) - Verdict for defendant and pretrial dismissal of two other defendants in a $15 million wrongful death and products liability action.

CGB Occupational Therapy, Inc. v. Sunrise Assisted Living, Inc., Civ. No. 00-4918, U.S. Dist. Court, E.D. Pa. (2002 and 2005) - $2 million and $30 million verdicts in favor of plaintiff in a tortious interference with contractual relations case.

Milandco, Ltd., Inc. v. Wolgin, Civ. No. 97-8119, U.S. Dist. Court, E.D. Pa. (2002) – Verdict for defendants on a $120 million promissory estoppel claim, and pretrial dismissal of claims for breach of fiduciary duty, breach of contract and misrepresentation, in case involving financing of a golf course development in Palm Beach County, Florida.  

Wood Beverage Company, Inc. v. Clement & Muller, Inc., Case No. 1998-015855, Delaware County, Pennsylvania C.C.P. (2002) - $3.9 million verdict in favor of plaintiff in a breach of contract case to enforce an oral agreement for the sale of a business.

Court Appointments

Special Master, Comark, Inc. v. Harris Corp., U.S.D.C., E.D.Pa., No. 95-CV-2123 (Bechtle, J.) - International intellectual property dispute.

Special Master, Mowrey v. Ogden-Martin Systems of Babylon, Inc., et al., Philadelphia Court of Common Pleas, August Term 1995, No. 3299 (Bernstein, J.) - Multi-party toxic tort and personal injury litigation. 

Education

 

Juris Doctor, Widener University School of Law, Wilmington, Delaware, 1990.

Diplomate, The Hague Academy of International Law, The Hague, Netherlands, 1990.

International Environmental Law, The University of Nairobi School of Law, Nairobi, Kenya, Summer 1989.

Bachelor of Science, Management and Finance, Indiana University of Pennsylvania, 1988.

Bar Admissions

 

 

Pennsylvania, 1991

New Jersey, 1991

Idaho, 2017

U.S. Supreme Court, 1995

U.S. Circuit Courts: 1st, 3rd, 4th & 9th 

U.S. District Courts: E.D. & M.D. Pennsylvania, D. New Jersey & D. Idaho 

Pro Hac Vice:  State and federal courts in California, Florida, Illinois, Louisiana, Maine, Missouri, North Carolina, New Hampshire, New York, Rhode Island, Texas, Utah, Virginia & West Virginia.

Practice Areas

 

Litigation

Corporate & Business Law

Sports & Recreation

Intellectual Property

Maritime

Personal Injury

Products Liability

Non-profit organizations

2010 - present

2010 - present

Personal

Fellow, The Explorers Club, 1996-Present.

Member, Sea-Space Symposium, 2000-Present.

 

David Concannon is married to Kim Frank of Sun Valley, Idaho and Ocean City, New Jersey.  They have four children in their teens and twenties.

Mr. Concannon has been scuba diving for more than 35 years.  An avid explorer, Mr. Concannon has made several deep submersible dives to depths from 1,000 to 16,000 feet.  He has organized and led several major international expeditions, including three expeditions to explore wreck of the R.M.S. Titanic; an expedition that discovered the world’s deepest wooden shipwreck, a slave ship resting 16,000 feet deep in the heart of the Bermuda Triangle; an expedition to explore the H.M.H.S. Britannic, sister ship to the R.M.S. Titanic; and the expeditions that found and recovered the Apollo F-1 engines that launched men to the moon.  

Mr. Concannon enjoys spending time with family, skiing, motorcycling, photography and playing guitar.  He wrote the foreword for the bestselling book, The Worst Case Scenario Survival Handbook: Travel, and he has written a variety of articles and book chapters for publications in the United States, Canada, Ireland and England. His writing and photography have been published in a variety of magazines, including ForbesThe Explorers Journal, SidetrackedNaval History, Fathoms, duPont RegistryAsk Men and SVPN.  He regularly speaks on legal issues and exploration to audiences throughout the world.