Frank A. Chernak is a partner in Montgomery McCracken’s Litigation Department and Chair of the Labor and Employment Department.
In October 2019, The Philadelphia Business Journal selected Frank to its Best of the Bar: Philadelphia’s Top Lawyers list for Employment Litigation. In November 2023, Frank tried a traumatic brain injury case for two defendants in Suffolk County, Massachusetts to a successful result. The trial took 30 days with over 30 witnesses testifying, including 18 expert witnesses. In 2019, Frank tried cases to verdict in federal courts in Baltimore, Md. (a “Me Too” sexual harassment case), Philadelphia, Pa. (a criminal records class action trial), and Chicago, Ill. (a race, age, disability discrimination and retaliation case). Frank’s practice focuses on defending entities in personal injury matters (including traumatic brain injury (TBI) cases) and employers and municipalities in constitutional, Title VII, race discrimination, sexual harassment and retaliation, reverse-gender and retaliation, age discrimination, national origin, hostile work environment, FMLA, and ADA cases. He also counsels and trains clients on all employment and civil rights matters, including compliance with ADA, FMLA, FLSA, and EEO laws, hiring and firing practices, harassment investigations, and non-compete litigation. He also trains lawyers on jury trial persuasion.
In March 2020, Frank was inducted into the American College of Trial Lawyers. Fellowship in the College is extended by invitation only and only after careful investigation to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality. Membership in the College cannot exceed one percent of the total lawyer population of any state or province.
Frank received his J.D., cum laude, from Temple University James E. Beasley School of Law, his M.S. from the University of Arkansas, and his B.S. from the State University of New York at Cortland.
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Appellate
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Litigation
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1 of 5 Credentials
Selected Representations - Successfully defended a traumatic brain injury case in Boston, Massachusetts.
- Obtained a favorable settlement in Scranton, Pa. defending a school district involving a student alleging a TBI from a ski accident during a ski Club trip.
- Obtained a favorable settlement for an Illinois school district in a case involving a student who allegedly suffered a TBI in a school bus accident. This case involved more than 10 experts, 20 treating physicians, and 15 fact witnesses.
- Successfully defended employers and litigants in federal and state PA, IL, MD, and NJ court jury trials in civil assault, sex harassment, race discrimination, age discrimination, reverse-gender discrimination, national origin, harassment, Americans with Disabilities Act discrimination, whistleblower, and retaliation cases.
- Successfully argued a Fair Labor Standards Act case at the U.S. Court of Appeals for the Third Circuit involving 33 deputy sheriffs who claimed entitlement to overtime compensation for time spent waiting on call.
- Successfully argued a defamation case on behalf of a bank before the U.S. Court of Appeals for the Third Circuit.
- Successfully defended municipalities and private companies in employment or constitutional deprivation cases through discovery and the granting of summary judgment.
- Successfully argued the granting of judgment as a matter of law for a hospital before the U.S. Court of Appeals for the Third Circuit.
- Successfully argued the denial of an injunction in a First Amendment case before the U.S. Court of Appeals for the Third Circuit.
- Successfully tried a Fair Labor Standards Act case for a leading document management products company before U.S. District Judge Berle M. Schiller.
Pro Bono Experience
- Frank worked on a nationwide Clemency 2014 program and successfully reduced criminal sentences for two federal inmates. He also provides pro bono work for various veteran organizations.
Selected Speaking Engagements - Panelist, “Legal Depositions in Sports Medicine,” National Athletic Trainers’ Association, June 2023
- Panelist, “Traumatic Brain Injury: Proving or Challenging the Existence and Extent of Brain Damage Using Expert Witnesses,” Strafford Webinar, July 2021
- Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” presented to entire workforce, including C-Suite of a private corporation, May 2021
- Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” presented to the Board of Directors of a private organization, November 2019
- Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” presented to entire workforce of a private company, October 2019
- Speaker, “Jury Trial Persuasion,” September 2019
- Speaker, “Working Towards a Harassment and Discrimination Free Workplace,” March 2019
- Speaker, “Sexual Harassment and Respectful Behavior Training,” May 2018
- Speaker, “Implications and Handling of Sexual Harassment Complaints,” January 2018
- Speaker, “Conducting Investigations and Documenting Workplace Issues, and Litigation,” Montgomery McCracken’s 2017 Fall Forum for Colleges and Universities, October 2017
- Speaker, “HR Lessons Learned from Litigation,” March 2017
- Speaker, “Managing Attendance: How HR’s Action and Inaction can Impact Employment Litigation,” January 2017
- Speaker, “Management Training Program: Hiring, Firing, and Everything In Between,” May 2016
- Speaker, “Equal Employment Opportunity Management Training Program,” April 2016
- Speaker, “HR Lessons Learned from Litigation,” March 2016
Selected Publications - Co-Author, “Employee or Independent Contractor? Six factors to consider under new DOL rule,” January 2024
- Co-Author, “U.S. Supreme Court Increases Employer Burden for Religious Accommodations Under Title VII, in Groff v. DeJoy,” June 2023
- Co-Author, “FTC Proposes Total Nationwide Ban on Non-Compete Clauses,” January 2023
- Co-Author, “In a Landmark Decision, Supreme Court Rules Title VII Protects LGBTQ+ Workers,” June 2020
- Quoted, “What to Do When Workplace Relationships Lead to Harassment,” SHRM, May 2018
Honors & Awards - Honoree, Veterans of Influence, Philadelphia Business Journal, 2022
- Martindale-Hubbell “AV” rated. The “AV” rating is issued by Martindale-Hubbell and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
- Honoree, Philadelphia Business Journal’s 2019 Best of the Bar: Philadelphia’s Top Lawyers, Employment Litigation
- Selected to the Pennsylvania Super Lawyers Employment Litigation: Defense list in 2009 and 2011-2024. The Super Lawyers list is issued by Thomson Reuters and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
Frank served on active duty and in the U.S. Air Force Reserves where he was promoted to the rank of lieutenant colonel. He flew more than 10,000 hours in a C-130 as a navigator for units in Arkansas and Pennsylvania. He served on active duty on the Arabian Peninsula during Desert Storm, flying 47 combat support missions. He is a recipient of the U.S. Air Force Air Medal, Air Force Meritorious Service Medal, Air Force Commendation Medal, Combat Readiness Medal, and the Small Arms Expert Marksmanship Ribbon.
Professional Activities - Vice Chair, Special Problems in the Administration of Justice (U.S.) Committee, American College of Trial Lawyers
- Master, University of Pennsylvania Inn of Court
Community Involvement - Parent Volunteer, Springside Chestnut Hill Academy New Parents’ Dinner
- Board Member and Secretary, Sunnybrook Golf Club
Education Law School
- Temple University James E. Beasley School of Law
Graduate School
Undergraduate School
- State University of New York at Cortland
