Mr. Tungate is a commercial law general practitioner with a number of specialized capabilities and a wide range of corporate and institutional clients.  Experienced in product liability, tort and contract claims, creditors' rights, bankruptcy, intellectual property, insurance, class action and other commercial litigation for corporate clients, he has served as lead counsel in multi-million-dollar cases involving multiple-venue litigation.  As a corporate and business lawyer, he has served as general outside counsel to clients in several industries.  He has led legal teams in mergers, acquisitions, and workouts, and has provided counsel to start-up ventures.  Mr. Tungate has represented clients throughout the country in a variety of complex bankruptcy matters, principally on behalf of creditors seeking to protect their collateral.  In a major case involving a debtor, Mr. Tungate represented a chain of retail outlets from filing through a liquidating Chapter 11 plan of reorganization.  His appellate work on bankruptcy matters has resulted in decisions of first impression interpreting sections of the Bankruptcy Code.  He counsels corporate, university and state government clients on a variety of intellectual property matters, involving software licensing and related agreements, as well as work for hire and trade dress issues.  Mr. Tungate has advised professional sports teams on financing, television contracts, concession agreements, merchandising agreements, naming rights agreements and other matters, as well as advising educational institutions on Title IX issues.  In addition, he is experienced in matters involving automobile dealers, dealerships and automobile financing, including dealer defense litigation, workouts, replevin and dealer relationships.  He is also experienced in counseling accounting firms and has lectured and written on issues faced by the accounting industry.  He is experienced in negotiating complex software license agreements and related hardware in a wide variety of industries, including negotiating the first ever outsourcing of state-wide government computer functions.  He recently has served as lead defense counsel in both state and federal class actions.  He has written, lectured and appeared on national and local television discussing a variety of software and e-commerce issues.

Clients

His clients include a big-six accounting firm, one of the largest U.S. financial acceptance corporations, a major national casualty insurer, various governmental agencies, a natural gas drilling company and a variety of other industrial concerns.

Other Capabilities and Credentials

Mr. Tungate has designed and implemented automated litigation support systems for complex litigation with national and regional scope.  He has also written and spoken widely on the use of computer systems in legal services.  He is the author of numerous articles on intellectual property law in business and is a frequently published reviewer of general business books.  From 1991 to 2003, he held an adjunct professor position at Carnegie-Mellon's Graduate School of Industrial Administration.  He is currently adjunct professor at the University of Pittsburgh School of Law, where he teaches a course in sports law.  Beginning in 2003, he became a full time permanent faculty member (Associate Teaching Professor) at Carnegie Mellon University’s Tepper School of Business where he teaches required business law related courses to MBA students as well as undergraduate courses in intellectual property, ecommerce and business law.

Mr. Tungate holds an AV^® rating from Martindale-Hubbell.

Management and Civic Activities

Mr. Tungate has served in various law firm management roles, as a Director of Eckert Seamans and as a member of the Eckert Seamans Executive Committee of the Board.  He is active in community and civic affairs, serving as a member since 1989 and chairman since 1991 of the Zoning Hearing Board of Upper St. Clair Township and a former director of the Better Business Bureau of Western Pennsylvania.  He is past Co-Chairman of the Pennsylvania Bar Association Committee on Sports and Entertainment.  In January 2001 he was nominated by Governor Ridge and confirmed by the Pennsylvania Senate to a seven-year term on the Pennsylvania Industrial Development Authority, an entity that provides low cost loans to businesses that create employment in Pennsylvania.

Education:
J.D., University of Illinois College of Law, 1970
B.A., University of Illinois, 1967

Admissions:
Pennsylvania State Courts; U.S. Courts of Appeals for the Third, Seventh and Federal Circuits; U.S. Court of Federal Claims; U.S. District Court for the Western District of Pennsylvania; Pennsylvania Trial and Appellate Courts; U.S. Supreme Court