Audrey K. Kwak

Member

Overview

Audrey Kwak is an experienced litigator in the area of commercial business disputes, with a particular focus on handling high-stakes construction and commercial contract disputes. Her practice involves the representation of contractors, suppliers, and owners, including small business and disadvantaged business enterprises, service-disabled veteran-owned businesses, and women-owned small businesses, in the resolution of disputes that commonly arise on private and public construction projects. Such matters include issues relating to procurement, project management, nonpayment, delay, mechanics’ liens, and defective work.

In addition to her construction law practice, Audrey frequently counsels clients on compliance issues and how to best prevent disputes regarding commercial contract, antitrust, and intellectual property matters.

Representative Matters

  • Represented plaintiff contractor in trade secret litigation against former employee and competitor employer; member of trial team that prevailed at trial, resulting in a multimillion-dollar jury award.
  • Successfully secured payment for subcontractor for delay damages incurred in completing public project.
  • Represented small woman-owned business enterprise in appeal of adverse size determination; successfully secured reversal of determination.
  • Represented metals-supplier in antitrust action; member of multi-defendant defense team that secured dismissal of action in preliminary stages of litigation.
  • Represented client corporation in defense of dispute involving alleged breaches of asset purchase agreement, resulting in favorable defense outcome after bench trial.
  • Regularly counsel contractors and subcontractors as to negotiation of contract terms, and how to cost-effectively and efficiently resolve payment disputes with private and public owners.
  • Work with small business owners, disadvantaged businesses enterprises, and minority and women-owned business enterprises in securing and preserving necessary certifications for award of government contracts.
  • Handle various intellectual property disputes and litigation on behalf of manufacturers, contractors, and suppliers, including patent infringement litigation, patent false marking suits, and opposition proceedings before the Trademark Trial and Appeal Board (TTAB).

Professional Affiliations

  • Allegheny County Bar Association Construction Law Section; Asian Attorneys Committee (Former Chair, 2009-2011); Diversity Collaborative Committee
  • Women’s Bar Association of Western Pennsylvania, Treasurer (2010-2012)

Community Involvement

  • Reading is FUNdamental Pittsburgh, elementary school reading mentor

Awards and Recognition:

  • Named a “2015 Fast Tracker” by the Pittsburgh Business Times
  • Selected for inclusion in Pennsylvania Super Lawyers – Rising Star (2012 – 2015)

News and Insights

Publications

Media Coverage

Speaking Engagements

  • “Patent Marking,” co-presenter, Eckert Seamans’ Continuing Legal Education (CLE) Seminar, August 2010.
  • “Protecting Your Interests: Legal Developments in a Changing Business Climate,” panelist, Eckert Seamans’ CLE, August 2008.
  • “Perspectives into Legal Developments,” panelist, Eckert Seaman’s CLE, August 2007.