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Litigation

At Pashman Stein Walder Hayden, litigation isn’t just part of what we do; it is the heart of our practice. Since the firm’s inception, we have devoted ourselves to advocating for our clients’ rights in the state and federal courts of New Jersey, New York, and throughout the United States.

Unlike many law firms, Pashman Stein Walder Hayden does not simply have a litigation department. Each of our litigators is battle-tested with dedicated areas of practice. The result is a vibrant litigation practice where many legal perspectives come together to offer our clients the most comprehensive legal advice and advocacy. We counsel individuals, businesses, and public entities. Our clients have included Fortune 500 companies, members of the New Jersey judiciary, professional athletes, and the largest housing authority in the state.

When clients are confronted with serious threats to their business or livelihood, they confidently call upon Pashman Stein Walder Hayden attorneys to fight for their rights and to protect their interests, knowing that our attorneys are committed to not just delivering optimal results but exceeding expectations. Especially in complex business disputes and other “bet the company” situations, when results are all that matter, our attorneys have a proven track record of aggressively and strategically pursuing our clients’ interests and strategically positioning our cases for the best possible outcome. Consider the following descriptions and representative matters:

Alternative Dispute Resolution

Alternative dispute resolution (ADR) often offers clients a more attractive mechanism to resolve disputes before resorting to litigation. With the ever-growing number of cases backlogged in state and federal courts, arbitration or mediation typically provides a quicker means to resolve particular disputes. Parties to mediation and arbitration often can better control the costs of dispute resolution by agreeing to curtail prehearing proceedings (motions, depositions, document productions, written discovery), which tend to drive up the cost of traditional lawsuits. ADR proceedings also may appeal to those who prefer to confidentially resolve particularly sensitive business disputes, without the public scrutiny afforded by the court system and the media.

Appellate Advocacy

Many of Pashman Stein Walder Hayden ‘s appellate clients are referred to us by other law firms that have successfully (or unsuccessfully) represented the client at trial, but require our firm’s experience to protect the judgment on appeal (or to demonstrate the reversible errors committed below).

Our attorneys regularly appear before the New Jersey Supreme Court and the Appellate Division on a wide range of issues. Pashman Stein Walder Hayden attorneys have mastered the art of condensing voluminous trial records into cogent, forceful arguments that demonstrate the merits of our clients’ position.

Business Torts

Pashman Stein Walder Hayden ‘s litigators are regularly contacted by clients that have just been served with an order to show cause alleging that they have engaged in, or who have just discovered that an employee or competitor is engaged in, unscrupulous business conduct that must be stopped immediately.

Whether the claims arise in the context of a failed joint business venture, a senior executive pursuing her own self-interest over that of the company, a former employee disclosing trade secrets to his new company or a competitor knocking off one of the company’s products, the impact is the same—valuable business assets are being dissipated and the harm must be stopped and rectified immediately. Our attorneys prosecute and defend in state and federal courts business tort cases involving claims of unfair competition, trade mark and trade dress infringement, breach of confidentiality and nondisclosure agreements, breach of non-competition and non-solicitation agreements, tortious interference with business and contractual relations, theft of trade secrets and confidential information and theft of business opportunities.

Shareholder Disputes

When their business is on the precipice of being torn apart by infighting among the ownership, clients rely on Pashman Stein Walder Hayden attorneys to aggressively pursue their interests and defend their rights. Our clients include officers, directors, and majority and minority shareholders. We prosecute and defend all matters of partnership disputes, including oppression of minority shareholder claims, dissolution proceedings, valuation proceedings, corporate governance disputes, claims of breaches of fiduciary duty, theft of corporate opportunities claims, breaches of restrictive covenants, and claims for advancement of legal fees and indemnification.

Our experienced litigators regularly appear in New Jersey’s Chancery Courts, where shareholder disputes typically are litigated. Shareholder litigations often begin with emergent requests for relief from the court, and Pashman Stein Walder Hayden attorneys are prepared to respond immediately to defend against or seek such relief.

Contract Litigation

When a business resolution can no longer be reached, clients rely on Pashman Stein Walder Hayden attorneys to protect their interests in contractual disputes. We work closely with clients to understand the intricacies of often complex contractual relationships among businesses so that we can persuasively demonstrate to the Court why our clients expectations have been frustrated and why our clients have been deprived of the benefit of the bargain they struck by the conduct of the other party to the contract.

Professional Malpractice

Pashman Stein Walder Hayden attorneys have litigated legal and other professional malpractice claims before state courts, arbitration panels and in connection with ethics board prosecutions. Members of the firm also have been called upon to serve as expert witnesses in legal ethics and malpractice actions. The firm selectively prosecutes and defends malpractice claims that involve substantial misconduct or that involve novel issues of law.

Internal Corporate Investigations

When public entities or private companies in New Jersey have needed someone of impeccable character and integrity to conduct an independent investigation into allegations of non-compliance with statutes and regulations, waste, conflicts of interests, or fraud, they have called on Pashman Stein Walder Hayden.

Led by the Hon. Gary S. Stein (ret.), special counsel to the firm, who draws on his 17 years of experience as an Associate Justice of the New Jersey Supreme Court, Pashman Stein Walder Hayden has conducted a variety a special investigations and assignments. Our retentions have involved highly-publicized engagements, as well as confidential opinion letters.

Crisis Management

Clients trust Pashman Stein Walder Hayden attorneys to help navigate through crisis situations and to help them return to focusing on running their businesses as soon as possible. Whether it is a regulatory issue, an employee issue, or criminal investigation, our attorneys are counted on to provide useful advice to help clients make the critical decisions at the start of a crisis. We also assist and advise clients regarding ongoing compliance issues and internal investigations.

White Collar

Given the responsibilities of corporations and their counsel to expose internal fraud, it is more important than ever for attorneys in this field to have substantial experience in conducting comprehensive investigations, and swiftly reaching accurate conclusions based on the evidence.

Breach of Duty Claims

Pashman Stein Walder Hayden attorneys regularly represent clients in cases alleging that officers, directors and other fiduciaries have engaged in self-dealing or otherwise breached their fiduciary duties. We have experience both defending corporate executives against such claims and prosecuting fiduciary duty claims on behalf of businesses against their executives.

Consumer Fraud

New Jersey’s Consumer Fraud Act, with its treble damages and attorney fee shift, is viewed as a powerful tool by plaintiffs and a potentially devastating liability by businesses. Our attorneys have successfully prosecuted and defended CFA claims involving numerous products, in a variety of industries.

IP Litigation

The theft of intellectual property from businesses by employees, business partners or competitors is a seemingly ever increasing problem. Pashman Stein Walder Hayden attorneys work with clients to implement procedures to better safeguard their intellectual property and position them to pursue violators when misappropriation occurs. Our attorneys are experienced at prosecuting civil lawsuits on behalf of our clients when trade secrets or other intellectual property has been misappropriated, and when trademark or patent rights are infringed upon.

D&O

Pashman Stein Walder Hayden has represented not only large corporate policyholders, but also numerous midsize and smaller companies and their officers and directors in connection with insurance coverage lawsuits. Pashman Stein Walder Hayden attorneys also advise individual and corporate clients concerning their rights and/or obligations under indemnification and advancement of legal fees provisions of corporate by-laws and operating agreements.

Representative Matters

  • On an issue of first impression in New Jersey, the firm successfully obtained insurance coverage for a client that was a defendant in lawsuits alleging the client sent unsolicited advertisements to facsimile machines in violation of the Federal Telephone Consumer Protection Act of 1991 (TCPA).
  • Pashman Stein Walder Hayden successfully represented dissenting minority shareholders seeking a buyout of their interests in a limited liability company that developed software to analyze the composition of investment portfolios. Significantly, we accomplished relief for LLC members on equitable grounds, before statutory changes, that codified the relief.
  • We successfully defended, in lawsuits in two states, the president of a family owned business against claims by his siblings that he had engaged in self-dealing for years and misappropriated the assets of the businesses founded by their parents.
  • Our attorneys successfully defended two company officers and the company against claims under state and federal law, that they had engaged in a conspiracy to misappropriate the trade dress and trade secrets associated with plaintiff’s fluorescent lighting products. After defeating the claims in the lawsuit, the firm successfully obtained a judgment in federal court compelling our clients’ insurer to reimburse our clients for the costs incurred in defending the two lawsuits after the carrier denied coverage.
  • The Firm successfully represented an international medical device manufacturer in a suit concerning the scope of a patent license agreement between our client and another international medical device company.
  • We successfully pursued patent, trademark and trade dress lawsuits on behalf of a leading manufacturer of industrial torque wrenches to stop several companies from selling knock-offs of our client’s wrenches.
  • Our attorneys represented the publisher of a newspaper in litigation over the extent of New Jersey’s shield law, resulting in a precedential opinion of the New Jersey Supreme Court upholding the publisher’s assertion of the newsperson’s privilege and finding that the reporter would only have to testify to matters that the publisher had always been willing to allow.
  • After an eight day jury trial, we obtained a verdict of no cause of action as to all Plaintiff former employee’s claims alleging age discrimination and retaliation in violation of the New Jersey Law Against Discrimination and violation of the New Jersey Conscientious Employee Protection Act.
  • Pashman Stein Walder Hayden successfully obtained a preliminary injunction enforcing restrictive covenants against a former senior executive of our client’s health care company and pursued various other claims seeking other equitable and monetary relief based on allegations of breach of fiduciary duty and conversion.
  • We successfully defended a former senior executive of a medical device company against claims that he had breached fiduciary duties and misappropriated a corporate opportunity by creating a start-up company to pursue the development of a revolutionary medical device.
  • Within ten days of our retention, we prosecuted emergent appeals to the Appellate Division and New Jersey Supreme Court, resulting in the unanimous reversal of temporary restraints that had been entered ex parte freezing the assets of candidates in a political campaign and restraining the publication and distribution of a local newspaper that supported the candidates.
  • Pashman Stein Walder Hayden successfully pursued through arbitration malpractice claims against the former corporate counsel of our client who was alleged to have negligently negotiated and drafted amendments to the CEO’s employment agreement that provided him with unreasonable and unjustified monetary compensation, benefits, stock ownership, and control of the board of directors.