Cases
Representative Matters: Class Action - New Jersey State Supreme Court. Served as lead counsel for bank group named as defendants in three separate class action suits consolidated on appeal. The banks were charged with improperly charging attorney review fees to residential borrowers in violation of a state statute. The unfavorable decisions of the trial courts were reversed on appeal in Turner v. First Union National Bank , 314 N.J. Super. 33 (App. Div. 1998)
affirmed by the New Jersey Supreme Court in Turner v. First Union National Bank , 162 N.J. 75 (1999).
Class Action - New Jersey Federal Court. Represented one of the 10 largest banks in the United States against a claim that the defendant banks had conspired to set the prime rate as reported to various financial publications that publish prime rate indexes. The dismissal of the suit was affirmed on appeal. Lum v. Bank of America , 361 F.3d 217 (3d Cir. 2004), cert denied , 125 S.Ct. 271 (2004).
Contract Dispute - Jury Trial, New Jersey State Court. Successfully represented a corporate plaintiff in breach of contract claim tried before a jury over five days, resulting in a $2.4 million verdict for plaintiff.
Contract
Fiduciary Litigation - New York Federal Court. Obtained summary judgment on behalf of bank serving as a depository agent under the Federal Aviation Act. The case involved novel issues of whether a private right of action exists under the FAA,
, if not, whether state law contract
fiduciary claims could nonetheless be sustained. Synovus Bank v. Valley National Bank , 487 F. Supp. 360 (S.D.N.Y 2007).
Contract Dispute - Bank Syndication Litigation - New Jersey Federal Court. Representing agent bank in lending syndication in action where bank group member sought $10MM in damages alleging breach of contract
breach of fiduciary duty. Obtained summary judgment on behalf of the agent bank.
Fidelity Bond Litigation - New Jersey Federal Court. Represented fidelity bond carrier in an action that resulted in one of the seminal published decisions dealing with fidelity bond interpretation. Resolution Trust Corp. v. Fidelity
Deposit Co. of Maryl
, 205 F.3d 615 (3d Cir. 2000).
Debt Restructuring
Commercial Foreclosure of Real
Personal Property. Represents lenders in commercial foreclosures of real
personal property as well as the restructuring of bad debt. He h
led the foreclosure of a defaulted $65 million debt on a mixed-use project in New Jersey. He represented a client that held in excess of $100 million in securitized senior notes that were in default. He pursued litigation
structured workouts in numerous states to collect on the collateral securing the senior notes.
Trade Secret Disputes: Represents parties in disputes involving theft of trade secrets
breach of confidentiality agreements.
Directors
Officers Litigation. Represents officers
directors of public
private corporations against claims filed by shareholders, including breach of fiduciary duty
fraud claims. Recently, he successfully defended officers
directors at trial in a New Jersey bankruptcy court.
LBO Fraudulent Transfer Litigation - Bankruptcy Court. Represented a bankruptcy trustee in action to set aside a creditor's lien on the debtor's assets obtained when the creditor funded a leveraged buyout.
Shareholder Disputes. Represents shareholders of closely held corporations in disputes filed under the Minority Shareholder Oppression Act.
Consumer Litigation. Represented defendants in class action
individual suits alleging violations of federal
state consumer laws, including FCRA, FDCPA, TCPA, TILA, HOEPA, RESPA
state consumer protection laws.
Real Estate. H
led numerous commercial l
lord-tenant disputes
claims against title insurance companies to recover on policies.
Insurance Contract Litigation New Jersey State Court. Co-counsel in case in which obtained decision on behalf of an insurer affirming summary judgment dismissal of Arthur Andersen's claim seeking coverage under an all-risk commercial property insurance policy for $204 million in business losses that allegedly resulted from property damage to the World Trade Center
Pentagon on 9/11. Arthur Andersen LLP v. Federal Ins. Co. , 3 A.3d 1279 (2010), 416 N.J. Super. 334 (App. Div. 2010).
Published Decisions: Turner v. First Union National Bank , 162 N.J. 75 (1999), affirming, Turner v. First Union National Bank , 314 N.J. Super. 33 (App. Div. 1998)
Lum v. Bank of America, et al. , 361 F.3d 217 (3d Cir. 2004), cert denied, 125 S.Ct. 271 (2004)
Port Authority of New York
New Jersey v. Affiliated FM Ins. Co. , 311 F.2d (3d Cir. 2002)
Resolution Trust Corp. v. Fidelity
Deposit Co. of Maryl
, 205 F.3d 615 (3d Cir. 2000)
New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc. , 101 F.3d 1492, 65 USLW 2402 (3d Cir. 1996)
Synovus Bank v. Valley National Bank , 487 F. Supp. 360 (S.D.N.Y 2007)
Resolution Trust Corp v. Minassian , 777 F. Supp. 385 (D.N.J. 1991)
Arthur Andersen LLP v. Federal Ins. Co. , 3 A.3d 1279 (2010), 416 N.J. Super. 334 (App. Div. 2010)
Laufer v. The United States Life Insurance Co. , 385 N.J. Super. 172 (App. Div. 2006)
Touch of Class Leasing v. Mercedes-Benz Credit of Canada, Inc. , 248 N.J. Super. 426, 591 A.2d 661, 15 UCC Rep. Serv. 2d 471 (App. Div. 1991)
Stiso v. Inserra Supermarkets Inc. , 179 A.D.2d 878, 578 N.Y.S.2d 680 (N.Y.A.D. 3 Dept.) (1992)
