Litigation

Representative Matters

Federal Litigation & Multi-Jurisdictional Cases

• New Jersey counsel to a multinational chemical manufacturer in more than two dozen federal and New Jersey state court actions alleging air and groundwater contamination caused by the discharge of PFAS substances. The cases include claims of alleged biomonitoring, personal injury, natural resource damage and contamination of a local water supply.
• Represented a nationwide equipment distributor in multi-jurisdictional successor-liability litigations involving alleged exposure exceeding $150 million. The matters included separate actions filed in New Jersey and California federal courts and New Jersey Superior Court, as well as representation of a company principal in a related Chapter 11 bankruptcy proceeding in New Jersey.
• Representing 170 hospitals nationwide before the Medicare Provider Reimbursement Review Board (PRRB) in challenges to CMS’ historical calculation of IPPS rates dating to federal fiscal year 1986. The matter, valued at hundreds of millions of dollars, seeks correction of longstanding reimbursement underpayments and remains pending before the PRRB.
• Representing a multinational manufacturing and technology company in a multi-party CERCLA cost-recovery and contribution action involving alleged contamination of a Northern New Jersey waterbody and surrounding wetlands.
• Representing over 300 hospitals nationwide in Medicare PRRB and federal court litigation challenging CMS’ application of the rural floor budget neutrality factor affecting federal fiscal year 2024 wage indices. The firm’s team secured expedited judicial review and filed suit in the U.S. District Court for the District of Columbia seeking declaratory relief and damages.
• Representing two multinational manufacturers in connection with federal Superfund sites in western New Jersey, advising on remediation strategy, redevelopment planning, negotiations with U.S. DOJ and U.S. EPA, cost-recovery litigation, institutional controls, and emerging contaminants.
• Served as associate counsel to a court-appointed Special Master overseeing pretrial proceedings in a complex insurance coverage dispute exceeding $100 million, including management of discovery disputes and preparation of a report and recommendations on a dispositive motion adopted in full by the federal district court.
• In one of the earliest federal cryptocurrency prosecutions, represented a certified public accountant in a matter arising from a $722 million fraudulent cryptocurrency scheme and alleged tax avoidance of approximately $20 million. Secured a favorable plea agreement before the U.S. District Court for the District of Nevada that received national media attention.
• Successfully represented a managing general agent in a high-stakes contractual dispute with an insurance carrier, obtaining injunctive relief in federal court and defending against nine-figure damage claims in arbitration.
• Defended a public entity in federal employment litigation asserting constitutional and statutory claims, including alleged violations of the NJLAD, the Equal Protection Clause, and the New Jersey Civil Rights Act. The matter involved multi-forum motion practice, federal discovery and pretrial proceedings, a remand to state court, and dispositive briefing, and ultimately resolved without trial.
• Obtained summary judgment in the U.S. District Court for the District of New Jersey on behalf of a state judicial agency, defeating federal civil rights and NJLAD disparate treatment and disparate impact claims asserted by employees, resulting in dismissal of all claims without appeal.
• Served as defense counsel for a major New Jersey law firm in a complex federal court action involving RICO, fraud, and legal malpractice claims.
• Represented an individual defendant in a complex civil action in federal court involving allegations of identity theft, wire and mail fraud, and related RICO claims. The firm successfully challenged the claims, several of which were dismissed with prejudice with others dismissed without prejudice.

Trial Verdicts & Appellate Decisions

• Obtained a $26.2 million jury verdict on behalf of a plaintiff in a complex products liability “crashworthiness” case.
• Represented a public university in high-stakes employment litigation alleging discrimination, defamation, due process violations, malicious prosecution, and intentional infliction of emotional distress arising from termination proceedings, securing summary judgment on all claims and defending the judgment on appeal in a matter with demands exceeding $10 million.
• Successfully defended a major real estate developer in a six-month jury trial involving $200 million in alleged construction defect, financial misrepresentation, and consumer fraud claims brought by a condominium owners’ association.
• Secured a substantial victory for a New Jersey commercial real estate brokerage firm following an eight-day bench trial involving unpaid commissions under an exclusive leasing agreement for an industrial warehouse. The court awarded commissions on multiple lease tranches totaling approximately 168,000 square feet, plus interest and attorneys’ fees, resulting in a recovery of approximately $2 million.
• Secured a complete defense verdict for an attorney client facing an eight-figure legal malpractice claim arising from alleged conflicts of interest tied to a mezzanine financing transaction following the real estate market collapse, eliminating all exposure at trial.
• Successfully defended a state corrections agency and its former commissioner against age and disability discrimination claims under NJLAD, securing summary judgment on all counts and affirmance on appeal, eliminating exposure exceeding $2 million.
• Obtained a complete defense verdict following a full trial in Essex County Superior Court, defeating claims for tortious interference and breach of loyalty against a business accused of hiring a salesperson who allegedly misappropriated confidential pricing information.
• Obtained a seven-figure jury verdict in a wrongful death action, securing substantial economic and non-economic damages for the decedent’s surviving children after prolonged life support and failure-to-assist claims.
• Represented a former PSE&G project manager in whistleblower and discrimination claims under New Jersey’s CEPA and LAD statutes alleging retaliation for reporting environmental violations involving contaminated wastewater. On appeal, the New Jersey Appellate Division reversed the trial court’s dismissal and order compelling arbitration and remanded the matter for proper consideration, reviving the client’s claims and restoring his right to judicial review.
• Represented a coalition of New Jersey hospitals in a $300 million constitutional challenge to the State of New Jersey’s charity care and Medicaid reimbursement regime, defending the hospitals’ takings claims through summary judgment, Appellate Division review, and New Jersey Supreme Court proceedings, resulting in published decisions affirming dismissal of the claims. The hospitals filed a petition for certiorari with the Supreme Court of the United States, which was denied. 
• Represented a public entity as defense trial counsel in a New Jersey Superior Court NJLAD and CEPA action tried to verdict during a four-week trial, obtaining favorable rulings that narrowed compensatory damages, eliminated punitive damages exposure, and excluded prejudicial evidence prior to verdict, significantly reducing overall risk.

Complex State Court, Chancery & Special Part Actions

• Representing a major property company and its affiliates in a series of Consumer Fraud Act and construction-defect lawsuits arising from the development and sale of luxury condominium units along Jersey City’s Hudson River “Gold Coast.” The matters involve claims under the New Jersey Consumer Fraud Act, Planned Real Estate Development Full Disclosure Act, and related tort and contract theories, including alleged construction defects, loss of New York City views, and unit size disputes. Several cases have been tried to verdict and others resolved through settlement; current litigation involves claims by 19 plaintiffs alleging unit size discrepancies.
• Representing a state law enforcement agency and senior leadership in multiple companion civil rights actions, obtaining partial dismissals across four matters that significantly narrowed statutory claims and limited individual liability, reducing exposure in litigation exceeding $15 million.
• Defending a large public entity against NJLAD and CEPA, and New Jersey Civil Rights Act claims, successfully narrowing the case at the outset through targeted motion practice while managing sensitive discovery, document production, and e-discovery vendor coordination.  
• Represented a New Jersey county in a multi-million-dollar contract dispute arising from a pre-development agreement for a proposed central energy facility intended to serve a county jail and adjacent state prison, defending against breach-of-contract and reimbursement claims and pursuing resolution through mediation and settlement negotiations.
• The firm represents residential property owners in a multi-million-dollar construction defect and consumer fraud action arising from a high-end renovation project in Glen Ridge, asserting claims for cost overruns, defective workmanship, unauthorized changes, and violations of the New Jersey Consumer Fraud Act.
• Representing a condominium association in $15 million construction and governance litigation against multiple defendants, involving veil-piercing claims and allocation of responsibility for significant structural and common-area defects, while also advising on risk mitigation through renovation and construction contracts.
• Serving as long-standing New Jersey litigation counsel to Massage Envy Franchising, LLC, defending the national franchisor in multiple matters alleging assault by individuals at local franchise locations. Successfully obtained summary judgment dismissing claims against the franchisor on the grounds that it is not liable for alleged misconduct of franchisee employees acting outside the scope of employment; currently defending that ruling on appeal while managing additional matters in discovery.
• Representing two New Jersey health systems in high-stakes litigation against multiple Medicare Advantage plans seeking recovery of approximately $5 million in underpaid 340B drug reimbursements, following a U.S. Supreme Court decision invalidating the Center for Medicare and Medicaid Services’ reimbursement reductions; matters are proceeding toward mediation and arbitration.
• Representing a physician practice owner in a seven-figure action for diversion of assets against a practice management company, seeking recovery of misappropriated funds and restoration of operational control.
• Defending a developer and general contractor in construction litigation brought by a specialty subcontractor on a six-story mixed-use project in Bayonne, asserting counterclaims and third-party claims for professional malpractice, breach of contract, fraudulent inducement, and Consumer Fraud Act violations. 
• Representing an emergency medicine physician practice in a dispute exceeding $11 million against UnitedHealthcare and affiliated entities arising from post-breach recoupment efforts following the Change Healthcare cyber incident, advising on recovery of lost revenue and structuring a resolution to preserve the practice’s financial viability.
• Successfully secured summary judgment in New Jersey Superior Court on behalf of an accountant accused of defamation, civil conspiracy, tortious interference, and emotional distress, arising from his audit of an international company that uncovered alleged financial misconduct. The firm’s representation resulted in all claims against the accountant being dismissed.
• Defended a global investment bank in a FINRA arbitration against a leading global wealth management firm concerning alleged solicitation of clients and misuse of proprietary information by former employees. Achieved highly favorable settlement after replacing national counsel.
• Successfully defended a public entity and public officials in a high-profile NJLAD challenge to enacted legislation, securing dismissal of all race and gender discrimination claims and eliminating exposure exceeding $5 million. The court affirmed the legislature’s plenary authority and rejected plaintiffs’ core legal theory; the decision was not appealed.
• Represented a family in high-stakes litigation against major developers to recover a deceased family member’s rightful ownership interests in healthcare facilities and management companies. The lawsuit successfully asserted claims for oppressed minority shareholder rights, breach of fiduciary duty, and fraudulent inducement regarding complex option agreements.
• Representation of a major healthcare system in litigation brought by a former physician alleging wrongful termination of privileges and antitrust and Lanham Act violations, resolving the matter through a favorable settlement.
• Represented Dun & Bradstreet in a contract and collections dispute arising from a customer’s alleged data-usage overages and related counterclaims, successfully defeating disqualification and dismissal efforts and securing a favorable settlement following the customer’s acquisition.
• Represented a member of a real estate development LLC in fiduciary duty and oppression litigation involving a Morristown redevelopment project, uncovering concealed valuation discrepancies and securing a $6.6 million settlement consisting of $4 million in cash and real property valued at $2.6 million.
• Resolved a malpractice action against an accountant asserting over $1.5 million in damages through a favorable settlement on the first day of trial and separately settled a related fraud action in New York Supreme Court after three days of trial.
• Resolved multiple legal malpractice matters for law firm clients after the unexpected collapse of their primary professional liability insurer, navigating coverage gaps created by reinsurance insolvency and adverse New Jersey Guarantee Fund rulings to achieve favorable outcomes despite the absence of statutory coverage protection.
• Resolved a seven-figure contract dispute on behalf of a pharmaceutical manufacturer involving alleged marketing and development obligations tied to a new prescription drug, avoiding protracted litigation and business disruption.
• Represented a New Jersey healthcare system in defense of antitrust and tort claims brought by a pediatric surgeon following revocation of privileges, securing a negotiated resolution.  
• Represented a New Jersey healthcare system and its Chair of Surgery in litigation brought by a trauma surgeon challenging a summary suspension of medical staff privileges. Following reinstatement through internal proceedings, the firm continued to defend the client in this $2.4 million action, which settled before trial. 
• Represented Hartz Mountain Industries in a litigation against a municipality related to a multi-million-dollar redevelopment project. Achieved highly favorable settlement after commencement of trial.
• Represented the New Jersey Schools Development Authority in long-running condemnation and environmental remediation litigation, securing recovery of more than $4 million in escrowed funds to reimburse cleanup costs incurred by the client.
• Successfully defended an executor against challenges to a complex administration involving the succession and continued operation of privately held businesses within a multi-million-dollar estate.
• Represented the co-founder, President, CEO, and 50% shareholder of a prominent emergency physician group in litigation against the other 50% owner seeking injunctive relief, oppressed shareholder remedies, and damages for fraud, breach of fiduciary duty, breach of loyalty, and mismanagement.
• Secured dismissal, following jurisdictional discovery, of two corporate owners of a nursing home in litigation alleging violations of the New Jersey Nursing Home and Rights of Residents Act, negligence, gross negligence, and wrongful death.
• The firm was a member of a unified four-firm team defending a physician shareholder and corporate officer of a neurology practice in $1.1 million creditor litigation alleging breach of contract and fraudulent conveyance against the practice and four individual physicians. The legal team secured dismissal without prejudice of all claims against the individual physicians; litigation remains ongoing against the practice, with continued efforts to reassert claims against the physicians.
• Represented an accounting firm in litigation against a former employee alleging breach of the duty of loyalty, unfair competition, theft of confidential information, and violations of the New Jersey Computer-Related Offenses Act.
• Represented three business entities and four family-member principals in an eight-year dispute involving litigation, mediation, and arbitration against a fifth family member, including claims for partition by sale, breach of fiduciary duty, and mismanagement of family properties and businesses.

Government Inquiries, Audits & Regulatory Investigations

• Representing the State of New Jersey, Department of Military and Veterans’ Affairs in multiple investigations and civil litigation arising from hundreds of COVID-related veteran deaths at state-operated long-term care facilities. This engagement also includes representation in the defense of dozens of employees who contracted COVID, as well as the defense of alleged civil rights violations in connection with the deaths of residents in these facilities, with claims totaling more than $69 million.
• Representing the State of New Jersey, Department of Children and Families and Department of Corrections in a series of high-exposure cases arising under extended statutes of limitations involving claims of alleged child sexual abuse. The potential aggregate exposure across these matters approaches $1 billion, with certain cases expected to resolve through settlement or high/low agreements.
• Representing targets and key witnesses in federal and state healthcare fraud and Medicaid fraud investigations, including matters involving potential exposure exceeding $14 million, restitution risk, and incarceration, before New Jersey and New York authorities and the U.S. Attorney’s Office for the Eastern District of New York.
• Representing a clinical director subpoenaed by the New Jersey State Commission of Investigation in a wide-ranging inquiry into addiction treatment facilities involving alleged improper referrals, ownership structures, and quality-of-care concerns, with potential industry-wide reimbursement implications in the hundreds of millions of dollars.
• Representing a multinational environmental services company in a complex NJDEP matter arising from a decades-old fuel oil discharge, securing site access for remediation and pursuing a technical impracticability determination designed to significantly reduce long-term regulatory obligations and remediation costs.

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