Jan L. Budman, II.

Jan L. Budman II concentrates his practice on representing clients in a wide range of civil and commercial litigation matters. He has experience litigating in both state and federal courts and before various administrative agencies and commercial arbitration tribunals. Jan also has a noteworthy level of experience helping business clients navigate the bid protest process and other aspects of the Pennsylvania Procurement Code.

Among his recent representations, Jan has:

• Won a unanimous jury verdict, including damages, following a three-day trial in favor of a corporate client owner of a large commercial property based upon an adjacent property owner’s violations of the Pennsylvania Storage Tank and Spill Prevention Act for petroleum contamination detected on client’s property that prevented a sale.
• Won a favorable appellate court decision due to an administrative agency’s failure to abide by the bid protest procedures within the Pennsylvania Procurement Code that reversed the agency’s determination that denied a bid protest filed on behalf of technology client and resulted in the appellate court cancelling a $77.5 million contract that had been awarded to the client’s competitor as well as the court ordering the agency to re-bid the procurement.
• Won a favorable determination at the administrative agency level on a bid protest filed on behalf of a large commissary supplier due to the agency’s failure to select the lowest responsible bidder that resulted in the rescission of a $100 million contract awarded to a client’s competitor and the opportunity for the client to participate in the re-bid of the procurement.
• Secured a preliminary injunction against an administrative agency for violations of the bid protest procedures found in the Pennsylvania Procurement Code on behalf of an international gaming and lottery client that halted a $350 million contract set for execution with the incumbent vendor.
• Won a favorable appellate court decision due to an administrative agency’s failure to follow the terms of its own request for proposal that reversed the agency’s determination denying the client’s bid protest that opposed the award of a five-year $160 million contract to the client’s competitor to supply pharmaceutical services to inmates at Pennsylvania’s state correctional institutions.
• Won a favorable determination at the administrative agency level on a bid protest filed on behalf of a health care client that resulted in the cancellation of a $7.9 million award to the client’s competitor and the opportunity for the client to participate in the re-bid of the procurement.
• Securing the dismissal of all claims against a large health care client for alleged violations of a minor’s Fourth and Fourteenth Amendment rights, brought pursuant to 42 U.S.C. § 1983, after convincing the federal court in a 12(b)(6) motion to dismiss that none of the tests used to determine state action under 42 U.S.C. § 1983 claims applied to the client.
• Safeguarded a client’s large noncoal surface mining permit issued by the Department of Environmental Protection despite a well-organized citizen challenge on appeal to the Environmental Hearing Board.
• Resolved a complex dispute between two partners that involved a feud over a successful manufacturing business and real property.

Jan was also elected to serve a three-year term as a Council Member of the Administrative Law Section of the Pennsylvania Bar Association.

Jan has been selected for inclusion in The Best Lawyers in America© list since 2019 for Commercial Litigation.

Representative Cases

• Plaza 21 Realty Assocs. v. ExxonMobil Corp., et al. Docket No. 2006-5883 Court of Common Pleas, Cumberland County, Pennsylvania Litigation/Environmental Litigation
• Nancy Parks, et al. v. Commonwealth of Pa., Dep’t of Envtl. Protection, et al. EHB Docket No. 2006-199-L Environmental Hearing Board Environmental Litigation
• Integrated Biometric Tech., LLC v. Commonwealth of Pa., Dep’t of Gen. Svcs. 22 A.3d 303 (Pa. Cmwlth. 2011) Commonwealth Court of Pennsylvania Appellate/Procurement Litigation
• GTECH Corp. v. Commonwealth of Pa., Dep’t of Revenue 965 A.2d 1276 (Pa. Cmwlth. 2009) Commonwealth Court of Pennsylvania Procurement Litigation
• Tipton et al. v. ViaQuest Behavioral Health of Pa., et al. 2010 WL 5258473 (E.D. Pa. 2010). United States District Court, Eastern District of Pennsylvania Litigation
• AT&T Corp. v. Commonwealth of Pa., Dep’t of General Svcs. Docket No. 32 CD 2011 Commonwealth Court of Pennsylvania Appellate/Procurement Litigation
• BosWell Pharmacy Svcs. v. Commonwealth of Pa., Dep’t of Corrections Docket No. 1532 CD 2008 Commonwealth Court of Pennsylvania Appellate/Procurement Litigation
• In Re: Protest of Centric Group, LLC Docket No. 2010-04 Commonwealth of Pennsylvania, Department of General Services Procurement Litigation
• In Re: Protest of IPRO Docket No. 2011-03 Commonwealth of Pennsylvania, Department of General Services Procurement Litigation
• Vickie Pearl v. Commonwealth of Pa., Dep’t of General Svcs. Docket No. AP 2011-0843 Office of Open Records Right-to-Know Law Appeal
• Jostens, Inc. v. Paul Reisser, et al. Docket No. 1:10-cv-2162 United States District Court, Middle District of Pennsylvania Trade Secret and Restrictive Covenant/Litigation