Cases
Representative Matters: Commercial, Business Tort Litigation
Obtained complete dismissal on summary judgment of fraud
breach of various warranty claims asserted against a Global Tier 1 enterprise software provider in a case involving the license
implementation of a proprietary software program.
Represented two franchisees of a national fast food franchise alleged to have violated the New Jersey Gift Card Statute
the Truth in Consumer Contract, Warranty,
Notice Act in a purported class action pending in New Jersey State Court.
Obtained for a private company engaged in government contracting an out-of-court resolution of a dispute with its minority shareholder, who was suspected of diverting business to a third party
resolution included the termination of the minority shareholder's employment
the acquisition of his minority interest for a reasonable sum.
Obtained an order from the U.S. District Court for the Eastern District of Missouri granting summary judgment
awarding $343,000 for manufacturer
supplier of golf merch
ise
equipment in a breach of guaranty action brought against two individuals for their failure to honor their personal guaranty for the debts of their business.
Defended Spanish corporation
its U.S. subsidiary against claims involving alleged breach of duty of good faith
fair dealing in carrying out earn-out provisions of corporate agreement. Mediated outcome that client found highly favorable.
Represented local technology company in dispute with UK-based software provider concerning software provider's failure to deliver promised goods
services. Negotiated settlement that client found favorable, precluding need to initiate formal proceedings.
Represented buyers in dispute about the sale of real estate in the United States Virgin Isl
s. Allegations against the sellers
their lawyer include breach of contract, misrepresentation,
breach of fiduciary duty.
Defended medical device manufacturer accused of breach of contract
various torts involving lease of certain laser technology medical equipment. Secured dismissal of all claims, including multiple counts of misrepresentation, business fraud
breach of contract, after conducting limited discovery
motion practice.
Defended reseller of biomedical equipment against claims alleging violations of the Racketeer Influenced
Corrupt Organizations Act, fraud, breach of fiduciary duty, misappropriation of trade secrets, civil conspiracy, conversion
breach of contract.
Represented local company engaged in sale
lease of shoring equipment for large infrastructure projects in a dispute with hardware-software vendors who breached contractual obligations by failing to deliver promised goods
services.
Represented nationwide environmental engineering
consulting firm in lawsuit against local competitor
former employees, alleging violations of the Lanham Act, breach of contract, unfair competition, tortious interference with business
contractual relationships,
breach of fiduciary duty.
Represented foreign government-owned lender, owners
asset manager of resort hotel
condominium project in the United States Virgin Isl
s in dispute with br
ed manager of hotel over hotel management contract
termination of manager.
Bankruptcy Litigation
Represented Chapter 7 trustee in a variety of bankruptcy cases, investigating
filing adversary proceedings to avoid
recover unlawful transfers made in connection with confessed Ponzi schemes.
Represented liquidating trustee in bankruptcy cases to avoid
recover preferential transfers.
Represented liquidating trustee in multimillion-dollar litigation to avoid
recover fraudulent transfers
damages for breach of fiduciary duty in connection with a failed LBO.
Intellectual Property, Trade Secret,
Technology Litigation
Represented patent owner
licensee in misappropriation of trade secrets
patent infringement case to enforce patent for wireless soil monitoring technology that detects
measures the level of salinity
moisture in ground surfaces such as golf course greens.
Represented scientist-inventor in patent infringement
theft of trade secrets case involving discovery
use of keoxifene for treatment of autoimmune
immune-mediated diseases.
Led team of lawyers, including other litigators
technical patent lawyers, in defending patent infringement claims against national maternity apparel company
its distributors.
Represented nationwide distributors of grocery products in infringement case involving trademark
trade dress for aluminum foil product.
As counsel to a pharmaceutical services company that provides supply chain systems
services to the hospital systems
pharmacy market, represented plaintiff in a patent infringement action alleging infringement of a patent for an automated prescription vial filling system against two defendants, including an Austrian multi-national conglomerate.
Represented national designer
retailer of maternity apparel in lawsuit against competitor, alleging trademark infringement
dilution, unfair competition, false designation of origin, unfair
deceptive trade practices,
breach of contract.
As counsel to a semiconductor manufacturer in its lawsuit against one of the largest software development
consulting companies in the country, represented plaintiff in multi-million dollar breach of contract
misrepresentation action involving the failed implementation of advanced planning software.
Defended multinational smart card technology development
marketing company against alleged inventorship claims
claims of misappropriation of trade secrets
intellectual property.
Represented regional medical device development company
scientist-inventor (macromolecular chemist) in a dispute concerning patented technology for a method
process for making hydrogel
a related spinal nucleus implant device.
Represented major manufacturer of residential
commercial building materials in a lawsuit seeking in excess of $10 million plus punitive damages in connection with the failed implementation of defendant's defective enterprise resource planning software.
As counsel to a multinational corporation that designs, manufactures
distributes orthopedic implant devices, represented plaintiff in complex commercial arbitration proceeding alleging breach of contract
fraud in connection with software license agreements in which defendant agreed to develop, deliver
service enterprise resource software. Obtained multimillion-dollar award following ten-day trial.
Defended New York-based fashion accessory merch
iser in design patent infringement case concerning the hair scrunchie.
As counsel to a software development
consulting services provider, represented plaintiff in a copyright infringement
breach of contract claim alleging that the defendants had unlawfully modified plaintiff's software
otherwise violated plaintiff's intellectual property rights.
Employment Litigation
Obtained a ruling for a sporting-goods manufacturer that reversed the Pennsylvania Department of Labor & Industry Unemployment Compensation Division's initial finding of an employer-employee relationship between the company
its seasonal workers.
Defended German orthodontics manufacturer
distributor in employment matter brought by the former general manager who sought extended employment benefits
significant damages. Secured defense verdict on claims of premature termination
breach of contract.
Represented former employee in trial to secure damages for post-termination disparagement of client by former employer.
Represented manufacturer of feminine hygiene
incontinence products in employment dispute with former employee who sought extensive benefits under his employment
termination agreement, including benefits from the manufacturer's corporate parent. After nine-day trial
post-trial briefing, defeated claims for additional employment benefits.
Securities Litigation
Defended two former officers of former public company in four related cases involving claims of various acts of fraud, including a securities fraud class action,
violations of the Racketeer Influenced
Corrupt Organizations Act in connection with the collapse
ultimate bankruptcy
delisting of the company.
Represented national insurer
two former officers/directors in consolidated securities fraud class actions in which plaintiffs alleged that the company
the individual defendants had made material misrepresentations
omissions regarding the success of a merger with another insurer.
General Litigation
Oversaw h
ling of series of negligence cases filed against nationwide operator of parking garages.
Defended claims brought by firm client's ex-wife alleging commercial paper violation
breach of obligations under divorce terms.
Defended family members
family-owned business against claims of fraud
conspiracy brought by former family member against family, entity
their lawyers.
Represented corporate third-party defendant in multi-million dollar environmental action seeking contribution from waste generators for the expense of remediating certain property in New Jersey. Secured early dismissal of all claims based on written briefing
oral argument on successor liability issues.
Defended manufacturer of floor
ceiling tiles against product liability claims brought by group of individuals who alleged that exposure to certain products caused cancer.
