Jonathan S. Ziss

Office:	Philadelphia, PA
Position:	Partner
Phone:	(215) 931-5882
Email:	jziss@margolisedelstein.com

Jonathan Ziss has accumulated a significant amount of trial and appellate experience in the state and federal courts as well as before administrative tribunals. Jonathan concentrates his practice in the area of commercial litigation, construction claims, aviation litigation and professional liability. Jonathan has written articles on the subject of fiduciary responsibility and professional standards, and he has lectured accountants, architects, attorneys, bankers, and fiduciaries on topics related to professional risk and claims management. Jonathan joined Margolis Edelstein as a partner in April 2005.

Professional Liability: Jonathan has represented many local, regional and national accounting firms in a wide variety of matters and in a number of forums including all forms of ADR. In professional negligence matters, Jonathan has represented accountants in lawsuits brought by former clients; by purchasers or sellers in disputes arising out of business combinations; by factors, banks and other lenders; by creditors in bankruptcy and bankruptcy trustees; and, by other affiliated professionals. In addition, Jonathan is frequently called upon to represent accountants in investigations by federal, state, and local authorities, including the Internal Revenue Service, the FBI, and the Department of Labor, as well as investigations by bankruptcy trustees and creditors’ committees. Jonathan has worked with accounting firms preparing for grand jury appearances.

Jonathan has also counseled accounting firms on questions concerning ethics and professional standards, involving client engagements and disengagements, record production requests, subpoena compliance, conflicts of interest, auditor independence, privilege, confidentiality, and the unauthorized practice of law, to mention but a few. Outside of the E&O arena, he has counseled and represented accountants on matters relating to covenants not to compete, employment liability, and other business and internal matters.

The firm’s experience in other practice areas, such as bankruptcy, directors’ and officers’ liability, labor and employment law, and insurance coverage, adds depth and breadth to our ability to service the accounting industry and other licensed professions.

Aviation Litigation: Throughout his career, Jonathan has represented regional, national and international air carriers, as well as under wing service providers, in connection with property and casualty liability litigation. He has also litigated general aviation matters. In addition to handling disputed matters, Jonathan counsels commercial airlines in connection with industry-related contractual matters.

Commercial Litigation: Jonathan counsels clients and litigates, arbitrates, and mediates commercial disputes in a wide range of industries. He is frequently called upon to handle matters involving construction, demolition, employment claims, covenants affecting post-employment competition and the use of confidential and proprietary business information, creditors’ rights, indemnification, and other contract-based claims.

Education:

Mr. Ziss is a 1984 graduate of the Villanova University School of Law. While at Villanova, he was a staff member of the Villanova Law Review and his academic honors include Phi Beta Kappa.

Professional Memberships and Activities:

Mr. Ziss is a member of the bars of both Pennsylvania and New Jersey. He is secretary of the Professional Liability Underwriting Society, Mid-Atlantic Steering Committee; past Vice Chair of the Pennsylvania Bar Association State Civil Rules Committee; a member of the Philadelphia Bar Association Federal Court Rules Committee; and, he is a member of the Pennsylvania Defense Institute. In 2007, Jonathan co-founded Art Title Advisors, LLC, which researches the ownership history of fine arts as a means of title due diligence.

Publications:

"Use a Proper Release to Avoid Future Traps," Pennsylvania CPA Journal (Summer 2009)

"Avoid Sitting in Two Boats at Once," Pennsylvania CPA Journal (Winter 2009)

Reminders Help Client Relations," Pennsylvania CPA Journal, Fall 2007

"Trouble Can Be Heard in a Whisper or a Scream," Pennsylvania CPA Journal, Summer 2007

"Keeping Your Thoughts to Yourself," Pennsylvania CPA Journal, Spring 2007

"Weeding Out the Problem Client," Journal of the Pennsylvania Institute of Certified Public Accountants, Summer 2006

Stolen Art In Private Collections: An Estate Planning Perspective
Journal of the Philadelphia Estate Planning Council, Winter 2001

"Embrace The Enemy," Pennsylvania CPA Journal, Fall 2009

Speaking Engagements:

"Professional Liability in Business Valuation Engagements," Pennsylvania Institute of Certified Public Accountants, 2010 Business Valuation Conference; November 1, 2010, Harrisburg, PA

"How to Identify and Manage Malpractice Risks in Your Role as an Expert Witness," National Association of Certified Valuation Analysts (NACVA) Institute of Business Appraisers (IBA). 2010 Annual Consultants' Conference, Meeting of The Minds in Miami, June 2 -5, 2010, Miami Beach, FL

Mock Trial: Litigation Boot Camp for Forensic Financial Experts
Presented by the National Association of Certified Valuation Analysts, sponsors of the Certified Forensic Financial Analyst (CFFA) designation. Loews Hotel, Philadelphia, PA (2009)

Elder Care - Professional Liability Issues for CPAs, Presented by the Pennsylvania Institute of Certified Public Accountants Greater Philadelphia Chapter in Cooperation with the Bar Committee. Philadelphia, PA (2008)

Electronic Discovery and Data Retention Programs, CPA Club of Greater Wilmington. Wilmington, DE (2008)

Legal Issues for Pennsylvania Architects - Identifying The Standard of Care
Presented by Half-Moon Seminars (CPE Accredited)
Fort Washington, PA, January 2007

The Prophylactic Value in Stolen Art Litigation of Documented Due Diligence Title Inquiries
Explorer's Club, New York, New York (2000)

Arbitration Workshop Forensic and Litigation Services Committee of the Pennsylvania Institute of Certified Public Accountants
Philadelphia, PA (2001)

Fiduciaries' Responsibilities with Regard to Art in Estates and Trusts, American Bar Association Section of Real Property, Probate and Trust
Law Chicago, IL (2001)

Benefits and Risks When Artworks & Collectibles are Contributed to Charitable Trusts or Used as Charitable Gifts
National Capital Gift Planning Council
Richmond, VA (2001)

Mock Trial: "Beware the Not-For-Profit Executive: A Criminal Indictment"
Presented by the Pennsylvania Institute of Certified Public Accountants Greater Philadelphia Chapter in Cooperation with the Bar Committee
LaSalle University, Philadelphia, PA (2007)

The Rising Standard for IT Competency - Why E-Discovery is Only the Edge of the Wedge
Forensic and Litigation Services Committee of the Pennsylvania
Institute of Certified Public Accountants
Philadelphia, PA (2008)

Electronic Discovery and Data Retention Programs - New Obligations and New Exposures PLUS Education Event - Mid-Atlantic Chapter
Wilmington, DE (2007)

"The Importance of Due Diligence for Art Collectors."
15th Anniversary Sculpture Objects & Functional Art Fair (SOFA)
Chicago, IL (2008)

Areas of Concentration