Commercial/Civil Litigation
- Trial counsel to a Big Four accounting firm in a five-week audit malpractice jury trial; plaintiffs verdict was later overturned on appeal to the Supreme Court of New Jersey.
- Defended accounting and auditing firms on claims of professional negligence, failure to maintain records, and breach of contract.
- Trial counsel to corporations and majority shareholders in jury trials and bench trials in minority shareholder oppression cases.
- Defended an electricity supply company (EGS or ESCO) in three consumer class action lawsuits in federal courts and regulatory proceedings before a Public Utility Commission, including the trial of a civil penalty action, which resulted in an 88% reduction in the proposed penalty, and then in appeals to the Commonwealth Court and to the Pennsylvania Supreme Court.
- Successfully defended components manufacturing company in arbitration, defeating a $2 + million claim by customer for breach of warranty and breach of contract over quality of products; obtained arbitration award for failure to provide defect free products.
- Defended major pharmaceutical company in arbitrations by foreign distributors over the termination of the distributor agreements.
- Trial counsel to an industrial manufacturer against claims by a sales representative for unpaid commissions; obtained defense verdict on all claims.
- Won an appeal before the Third Circuit reversing the district court and enforcing the arbitration provision in a law firm’s agreement, eliminating the prospective of class action claims and allowing the resolution of the claim for a de minimis amount.
- Represented a private school in student terminations and disciplinary matters.
- Represented a mining company in arbitration over alleged breach of royalty agreement.
- Defended a corporate indemnitor in one of the largest environmental litigations in New Jersey state court, which involved the interpretation of an indemnity, issues of fraudulent transfers and alter ego liability, and economic damage liabilities resulting from the contamination of the Passaic River.
- Represented a corporation and the Trustees of the privately-held company s pension plan in defense of an ERISA class action alleging imprudent investment allocation and management, resulting in a favorable settlement without any payment of attorney fees or to the class.
- Won summary judgment for a closely held corporation and one of its shareholders in a suit by one of its subcontractors alleging breach of an oral contract and tortious interference.
- Defended consumer products and services companies in class actions and consumer fraud investigations.
- Represented a Fortune 500 manufacturing company in defense of claims by a municipality for damage to its public water system from groundwater contamination.
- Represented an industrial company in connection with an NTSB investigation and related state grand jury investigation into the explosion of a natural gas transmission pipeline, and then defended the company in litigation of significant personal injury and property damage claims.
- Represented a large privately held company in land use litigation and in defense of nuisance claims for property damage relating to its quarrying operations.
- Represented a battered women’s shelter pro bono in a lawsuit to challenge the denial of reimbursement payments for shelter services to victims of domestic violence.
- Represented a major pharmaceutical company in arbitration over indemnity obligations in a purchase and sale agreement relating to clean up of a contaminated industrial site.
- Represented the sellers of a manufacturing company in arbitration to recover an earn-out payment; obtained favorable arbitration award.
- Represented owners of a gaming company in a suit against its former CEO on claims for fraud, breach of fiduciary duty, waste and breach of contract.
- Represented private equity investor group in recovering several million dollars under personal guarantees issued on notes.
- Defended companies against claims of successor liability for product liability claims, environmental claims, and deferred compensation obligations.
Business Ownership and Governance
- Brought an injunctive action to enforce minority owners rights in a "cash-out" merger of a subsidiary with its foreign-owned parent; settled for a multi-million dollar payment to the minority shareholders.
- Represented the owner of $100 million private industrial company in litigation alleging breach of fiduciary duty and breach of contract over the buy-out of a deceased co-owner under the terms of a shareholder agreement.
- Successfully defended the majority shareholder and company against claims of shareholder oppression and valuation; trial judgment was affirmed on appeal. Bostock v. High Tech Elevator Industries, Inc., 260 N.J. Super. 432 (App. Div. 1992).
- Represented the estate of a deceased minority shareholder in litigation to compel the buy-out of his shares; obtained multi-million dollar settlement.
- Represented majority owners of a construction, engineering, consulting, retail and technology companies against claims by minority shareholders of oppression, breach of fiduciary duty, fraud and breach of contract.
- Represented the estate of a deceased 50% partner in litigation against the survivor to compel the buy-out of his interest in two office buildings. Won arbitration award on valuation of properties; then, when adverse party failed to pay, obtained a constructive trust over the properties to secure payment.
- Represented physicians or physician groups in litigation over practice separation and management disputes.
Real Estate Litigation
- Represented a quarry and its owners in an eight day zoning board hearing over alleged land use ordinance violations and non-conforming use status.
- Defended a major pharmaceutical manufacturer against violations of township noise ordinance and nuisance ordinance caused by rooftop refrigeration units.
- Defended quarry against nuisance lawsuits filed by neighboring owners.
- Brought lawsuit on behalf of a large landowner to challenge the "up-zoning" of its properties by a Township.
- Brought litigation to challenge the condemnation of industrial land by the New Jersey Department of Transportation and to dispute valuation. State v. Trap Rock, Industries, Inc., 338 N.J. Super. 92 (App. Div. 2001).
- Successfully defended at trial a buyer of vacant property intended for use as a horse farm against claims of specific performance by seller and against brokers claim for lost commission.
- Represented beach club in tax appeal litigation over increased assessment; negotiated favorable settlement on eve of trial.
- Represented residential developers in lender liability and breach of contract suit against bank to prevent foreclosure; negotiated favorable settlement on eve of trial.
- Defended a developer against claims by a neighboring business owner challenging the finding of blight under the Local Housing and Redevelopment Law.
- Represented homeowner in lawsuit against builder over claims of damage from subsidence.
Employment Litigation
- Obtained summary judgment for hospital against CEPA claims brought by manager of its blood bank; won affirmance of judgment on appeal. Haworth v. Deborah Heart & Lung Center, 271 N.J. Super. 502 (App. Div. 1994).
- Won summary judgment for former retail executive on claims he had breached his employment agreement, breached his duty of loyalty, misappropriated confidential information and committed tortious interference by leaving his employer and joining a competitor; judgment affirmed on appeal.
- Defended companies against claims of retaliation, harassment, age, sex and race discrimination brought under federal and state laws.
- Defended a major marketing and promotions company against claims of "employee pirating" and tortious interference over the hiring of a group of employees.
- Provided yearly training to 200 employees of privately held company on ethical business conduct, antitrust and public bidding issues, anti-harassment and anti-discrimination best practices, and social media/computer use.
- Represented accountants before the New Jersey Board of Accountancy on professional practice issues.
Probate and Estate Litigation
- Successfully defended executor and trustee against claims of breach of fiduciary duty; defeated preliminary injunction application and thereafter negotiated a favorable settlement of the lawsuit.
- Defended the executor and beneficiary against claims of forgery, fraud, and breach of oral contract. Won motion to dismiss all claims.
- Defended executor of estate against claims by a beneficiary that the decedent had made him a "gift" of $1,000,000 in cash.
Internal Investigations
- Conducted internal investigation to assess potential liabilities in connection with a natural gas transmission explosion.
- Conducted internal investigation into allegations of fraud in a large vendor contract at a large non-profit.
- Appointed by a special committee of the board to conduct an investigation into the issuance of shares to certain key employees and officers.
- Appointed by the Supreme Court of New Jersey to conduct complex ethics investigations into attorneys.