The camaraderie among our attorneys takes top flight representation to the next level. Each of us has 100 open doors available to consult about strategy, discuss specialized legal issues, or just “bounce” ideas around. The value of those sessions to the firm's clients is beyond question.
Mr. Hertzberg focuses his practice on commercial litigation and professional liability defense. He has a broad range of experience litigating complex commercial cases. He has represented clients in matters involving franchise disputes, lender liability, partnership disputes, insurance law, environmental matters, securities law, employment law, and chancery practice.
Honors & Awards
- Listed in Super Lawyers - New Jersey Edition (2009-2011) and Super Lawyers - Business Edition (2012) in the Business Litigation practice area
- Martindale-Hubbell Peer Review Rated AV® Preeminent
- Listed in Who's Who in America (63rd Edition)
- Listed in Who’s Who in American Law (7th Edition)
- Member, Phi Beta Kappa
- Finderne Management Co., Inc. v. Barrett: Successfully defended actuarial consulting firm in multimillion dollar case involving plaintiffs’ enrollment in an allegedly fraudulent tax and insurance program. In affirming the lower court, the Appellate Division determined, among other things, that the New Jersey Consumer Fraud Act was inapplicable because the financial planning at issue did not constitute a consumer transaction. In addition, the court found out-of-pocket loss to be the appropriate measure of damages for an action based on failure of an insurance program to meet its represented goals, rejecting a benefit of the bargain analysis.
- Cetel v. Kirwan Financial Group: Successfully defended actuarial consulting firm in multimillion dollar case in which plaintiffs alleged they were sold a fraudulent tax and insurance planning program designed by the actuarial firm. Plaintiffs’ claims sounded in violations of ERISA, Federal RICO, New Jersey RICO, the New Jersey Consumer Fraud Act, as well as state common law claims. In affirming summary judgment dismissing plaintiffs’ claims, the Third Circuit determined, among other things, that the New Jersey Supreme Court would likely look to Federal RICO jurisprudence in construing unsettled aspects of the New Jersey RICO statute.
- Glass v. Suburban Restoration: Successfully defended attorney in professional negligence action. The Appellate Division upheld the dismissal of claims against the attorney, finding that the complainant’s delay warranted striking its expert report, and that the complainant’s allegations did not fall within the common knowledge exception.
- Alan J. Cornblatt, P.A. v. Barow: Primarily responsible for handling case at the trial level and prepared submissions to the Supreme Court and Appellate Division in this seminal matter defining the scope of the affidavit of merit statute.
- Sarwari v. BP Prods. N.A. Inc.: Served as co-counsel for nearly 40 franchised gasoline station owners. Succeeded in obtaining an injunction to restrain one of the world’s largest petroleum companies from terminating its New Jersey franchisees.
- Member, New Jersey State Bar Association
- Member, Trial Attorneys of New Jersey
- Member, Middlesex County Bar Association
- Member, Somerset County Bar Association
More Activities & Experience
- Member, American Bar Association
- Member, Columbia Law School Alumni Association
Publications & Alerts
- Author, The Employee's Common Law Duty of Loyalty - Combatting the Faithless EmployeeGreenbaum, Rowe, Smith & Davis LLP Client Alert, Fall 2006
- Author, Cornblatt V. Barow: Tort Reform Makes Strange BedfellowsMiddlesex County Bar Association Newsletter and Greenbaum, Rowe, Smith & Davis LLP Client Alert, Spring 1999
Columbia University Law School, J.D., 1988
Lafayette College, A.B., magna cum laude, 1985
- New Jersey, 1988
- New York, 1989
- U.S. District Court, District of New Jersey, 1989
- U.S. District Court, Southern and Eastern Districts of New York, 1989