History of Success
Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
Representative Matters
Appellate Advocacy
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Successfully represented on appeal a prominent doctor who had been convicted of two criminal charges involving unlawful sexual contact with a patient. Although this firm did not serve as trial counsel, it was established before the Appellate Division that the doctor in question did not receive a fair trial and the conviction was reversed
- Successfully briefed and argued an appeal to the U.S. Court of Appeals for the Second Circuit on behalf of a global restaurant chain in a complex commercial dispute.
- Represented prominent cardiology group and individual cardiologists in a business tort case brought against them by a specialty hospital asserting claims of tortious interference and unfair competition relating to the group’s referral practices. Retained after the trial court had just denied defendants’ motions for summary judgment and facing a trial that was expected to last several months, we spearheaded the filing of new motions for summary judgment that raised dispositive issues that had not yet been addressed in the more than seven-year-old litigation. Following extensive briefing, the trial court dismissed all of the hospital’s claims with prejudice. The hospital had been seeking nearly $30 million in compensatory damages and an award of punitive damages. On appeal, the Appellate Division affirmed the dismissal of 99% of the hospital’s damages claim and remanded for further proceedings on claims valued at less than $300,000. The case settled during trial, shortly after the parties selected a jury and delivered opening statements.
- Successfully appealed and obtained reversal of $7.6 million jury verdict in premises liability action.
- In a land redevelopment dispute between a private redeveloper and a local designated redevelopment entity involving issues of contract interpretation and claims of breach of contract, successfully briefed and argued the appeal of an adverse jury verdict, resulting in the Appellate Division reversing the jury verdict, and remanding for a new trial.
- Obtained favorable appellate decision in matter of first impression concerning net book value partnership buy-out valuation and related unconscionable value claims.
- Representing the plaintiff in an oppressed minority shareholder suit concerning issues of oppression in a closely held corporation. This case resulted in the New Jersey Supreme Court issuing a precedential decision clarifying the State's oppressed shareholders jurisprudence and provided needed guidance on the question of the proofs necessary to trigger the availability of remedies under the oppressed shareholder statute. The case was remanded and appealed following the entry of a $25 million judgment in our client’s favor on remand. In a second Supreme Court decision, which also created new law on the applicability of a marketability discount in the context of a court ordered buy out of interests in closely held corporations, the Court reinstated in full the judgment of $25 million (an $18 million buyout and plus more than $7 million in pre- and post-judgment interest). In post-judgment enforcement proceedings, assisted in collecting more than $23.9 million through various execution avenues from both individual and corporate judgment debtors. Successfully tried a fraudulent transfer claim, resulting in an opinion and order requiring the return of $18 million in funds secreted overseas.
- Represented a liquidating trustee appointed by a federal bankruptcy court on an appeal to the New Jersey Appellate Division concerning more than $200 million in claims against the corporate parents and affiliates of an insolvent entity relating to environmental liabilities for pollution of the Passaic River.
Attorney Ethics & Professional Misconduct
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Regularly represent attorneys and law firms seeking assistance in navigating conflicts of interest.
- Regularly work on behalf of attorneys with serious bookkeeping errors to ensure that any audits and ensuing ethics proceedings are professionally handled and any discipline mitigated.
- Achieved dismissal of an ethics proceeding against a lawyer charged with allegedly directing payments to him of additional compensation from his law firm without his partners’ knowledge.
- In an ethics proceeding where the client was charged with knowing misappropriation of funds and disbarment was sought, achieved dismissal of the most serious charges on the eve of the hearing and a stipulation for a reprimand.
- Represented a lawyer in an ethics proceeding involving an alleged forgery of a document submitted in connection with a legal representation. The matter resulted in a reprimand.
- Represented a prominent nationally recognized trial law firm in a fee dispute with another law firm. Arbitration resulted in a mutually agreeable confidential resolution.
- Obtained a successful settlement on behalf of a prestigious New Jersey law firm in a fee dispute in which that firm's client refused to pay its contingency fee after a decade-long legal battle.
- In a case of first impression, successfully obtained from the New Jersey Supreme Court an order reinstating the license of a previously disbarred attorney two years after the court found the attorney had knowingly misappropriated funds from an elderly client.
Bankruptcy, Restructuring & Creditors’ Rights
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented the following debtors in each of their Chapter 11 cases: casino gaming company, power generation facility, large video rental company, petrochemical producer, assisted living facility owner and operator, residential land developer, infomercial business, large national hat retailer, national car wash, gas station and convenience store owner and operator.
- Represented the indenture trustee for various collateralized loan obligations (CLOs) in such CLOs’ Chapter 11 cases.
- Represented the collateral manager for various collateralized debt obligations (CDOs) in state court litigation and various Chapter 11 cases involving such CDOs.
- Represented the first and second lien agent in the Chapter 11 cases of an entertainment related company.
- Represented an indenture trustee serving as a member of the Official Committee of Unsecured Creditors in the Chapter 11 cases of a large industrial equipment rental company.
- Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of an automotive technology supplier.
- Represented trade creditors serving as members of the Official Committee of Unsecured Creditors in the Chapter 11 cases of a cable and communications company.
- Represented a secured creditor in state court litigation and a resulting receivership relating to an oil refinery.
- Represented a secured creditor in the Chapter 11 cases of a hospital and nursing home.
- Represented a secured creditor in the Chapter 11 cases of a large financial services holding company.
- Represented subordinated noteholders in the Chapter 11 cases of a media production firm.
- Represented a court appointed trustee in Chapter 11 and Chapter 7 cases of real estate developer.
- Represented a court appointed trustee in Chapter 11 cases of commercial moving company.
- Represented an exclusive distributor in the Chapter 11 cases of a global clothing brand.
- Represented trade creditors in the Chapter 11 cases of a national telecommunications company.
- Represented the following in each of their Chapter 11 cases: a casino, a major steel manufacturer, and a global building and construction materials company.
- Represented major investment bank as investment advisor in connection with several bankruptcy matters
- Represented numerous firm clients as creditors in contested adversary proceedings and in defense of preference claims in bankruptcy matters.
- Represented a liquidating trustee appointed by a federal bankruptcy court on an appeal to the New Jersey Appellate Division concerning more than $200 million in claims against the corporate parents and affiliates of an insolvent entity relating to environmental liabilities for pollution of the Passaic River.
- Represented the liquidator of an insolvent Swiss financial-services company in bankruptcy litigation under Chapter 15 of the Bankruptcy Code against U.S., U.K., and Korean financial institutions. The case involved a dispute as to whether U.S. and Swiss bankruptcy law permitted some of the defendants to set off amounts owed the plaintiff under ISDA Master Agreements governing derivatives transactions against amounts that the plaintiff and one of its affiliates owed to another defendant under different ISDA Master Agreements.
Business Divorce & Ownership Disputes
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Representing the plaintiff in an oppressed minority shareholder suit concerning issues of oppression in a closely held corporation. This case resulted in the New Jersey Supreme Court issuing a precedential decision clarifying the State's oppressed shareholders jurisprudence and provided needed guidance on the question of the proofs necessary to trigger the availability of remedies under the oppressed shareholder statute. The case was remanded and appealed following the entry of a $25 million judgment in our client’s favor on remand. In a second Supreme Court decision, which also created new law on the applicability of a marketability discount in the context of a court ordered buy out of interests in closely held corporations, the Court reinstated in full the judgment of $25 million (an $18 million buyout and plus more than $7 million in pre- and post-judgment interest). In post-judgment enforcement proceedings, assisted in collecting more than $23.9 million through various execution avenues from both individual and corporate judgment debtors. Successfully tried a fraudulent transfer claim, resulting in an opinion and order requiring the return of $18 million in funds secreted overseas.
- Successfully represented a group of limited partners with a minority interest in a commercial real estate company in a dispute with the general partners, who sought to amend the partnership agreement on terms which would have an adverse impact on the limited partners’ rights and devalues their shares. The general partners agreed to a consent order that prohibited them from amending the agreement, and after extensive motion practice, we entered mediation and secured a mutually agreeable settlement.
- Successfully defended a lawsuit brought by a sibling in a family-owned business, who after 30 years of having no involvement with the business, demanded his share of the business and its profits. Despite the existence of an old stock ledger supporting the claim, the plaintiff was awarded zero dollars on his claims.
- Represented dissenting minority shareholders seeking a buyout of their interests in a closely held corporation, whose focus is the development of software for investment portfolio analysis. The matter involved complex issues concerning the effect of outside consulting agreements entered into by the individuals as well as the valuation of the respective ownership interests. A judgment was entered awarding our clients in excess of $3 million.
- Represented one 50% owner in an oppressed minority shareholder case, and after a two-week trial our client was awarded significant legal fees as a result of the frivolous claim brought by the other 50% owner.
- Successfully negotiated and then enforced a favorable buy out settlement among sibling owners of a highly profitable health service business. Obtained the appointment of a Special Fiscal Agent and avoided catastrophic harm to the business pending litigation.
- Successfully represented a client with interests in multiple closely-held family businesses through mediation, which required the resolution of complex issues of ownership interests and valuation.
- Represented real estate developer shareholders in a closely-held family limited liability corporation in successfully ousting a member whose conduct was interfering with business operations.
- Represented the majority owner of an insurance brokerage in ousting a fellow shareholder who was interfering with business operations.
- Represented shareholders in major New Jersey company involving an internal shareholder dispute among the stakeholders alleging shareholder oppression, conspiracy, single enterprise theory, and attendant valuation disputes. Much of the hard-fought litigation took place up front with Orders to Show Cause and an application for temporary restraints. Our attorneys front-loaded litigation efforts with extensive fact-gathering, research and briefing on complex issues of oppression that effectively gutted plaintiff’s most valuable claim in the case. The matter was ultimately resolved through private mediation.
- Successfully represented a group of LLC members in a case asserting breach of fiduciary duty claims against the company’s managing member.
- Successfully represented a group of LLC members in a complex international shareholder dispute where the clients won control of the LLC after a decade-long dispute.
- Guided members of a limited liability company and limited liability partnership valued in excess of $24 million through 8 years of litigation and arbitration culminating in a favorable settlement. Efforts included emergent applications for the appointment of a Receiver and Special Fiscal Agent while regularly and vigorously advocating for relief from the oppressive conduct of those members controlling the business.
- Represented a leading New Jersey health care company seeking to divest a minority member of his shares as a result of his wrongful conduct, including breaches of fiduciary duty, misappropriation of corporate opportunities and assets. During the course of the litigation, the firm successfully enforced a restrictive covenant and obtained sanctions for the defendant’s violation of a preliminary injunction.
- After a five-day bench trial, successfully obtained a no-cause-of-action and dismissal of a case brought against the owner of a closely-held business who was sued by someone claiming to be a 50% owner of the business.
Cannabis & Hemp Law
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Pashman Stein Walder Hayden worked with New Jersey United for Marijuana Reform and ACLU-NJ in 2015 to draft the legislation that was introduced by Senator Scutari in 2017. Senator Scutari’s bill ultimately was passed into law in 2021.
- Represented appellants in appeals of the 2018 and 2019 New Jersey requests for applications for licenses for medical cannabis alternative treatment centers.
- Successfully represented marijuana operator in obtaining local approval to establish satellite medical marijuana dispensary in New Jersey
- Assisted twenty clients during 2022 to obtain conditional licenses for cultivation, manufacturing and adult use dispensaries in New Jersey.
- Advised one of the original six alternative treatment centers in New Jersey on a variety of regulatory matters
- Advising retailers of CBD products on regulatory compliance and advertising requirements
- Advising medical cannabis cultivator on NJ medical cannabis laws and pending adult-use cannabis legislation
- Advising existing recreational and medical cannabis dispensaries and cultivators on NJ medical cannabis laws and pending adult-use cannabis legislation
- Advising provider of cultivation products and cultivation consulting services on NJ medical cannabis laws and pending adult-use cannabis legislation
- Advising existing cannabis testing laboratory in connection with the establishment of cannabis testing laboratory in New Jersey
- Represented National Organization for the Reform of Marijuana Laws (NORML); Garden State–NORML (GS-NORML); Coalition For Medical Marijuana–NJ (CMM-NJ); and Doctors For Cannabis Regulation (DFCR) as amici before the NJ Supreme Court in Hager v. M&K Construction, arguing in favor of requiring workers compensation reimbursement for medical marijuana
- Negotiated license agreement between extraction company and alternative treatment center
- Represention of clients in the acquisition or leasing of sites in connection with cannabis and hemp operations.
- Successfully represented owner of a condo against charges from his condo association that his use of medical marijuana in his condo violated condo association rules.
- Successfully obtained a temporary restraining order compelling a medical service provider to continue providing needed medical services, which had been denied solely because the patient obtained his medical cannabis card from the State of New Jersey.
- Advise health care professionals and entities relating to the authorization of medical cannabis and patient policies
- Sacramento Nonprofit Collective v. Holder, 552 Fed. Appx. 680, 682 (9th Cir. 2014) (challenging federal ban on medical marijuana on behalf of medical marijuana dispensaries)
Commercial Real Estate
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented one of the largest real estate developers in the country in defeating a claim by a competitor seeking to enforce a letter of intent for the acquisition and development of a parcel of land in New Jersey.
- Representation of a client in the acquisition of a property where a Fortune 100 company is the single tenant as part of a tax-deferred exchange pursuant to Section 1031 of the Internal Revenue Code.
- Represention of clients in the acquisition or leasing of sites in connection with cannabis and hemp operations.
- Representation of a client restructuring its portfolio through tax-deferred exchanges of properties in New York and New Jersey.
- Representation of a new Shopping Center in Irvington, New Jersey in connection with its retail leasing.
- Representation of a New Jersey Country Club in connection with a $10,700,00 construction loan.
- Representation of a client in connection with the sale of a former nursing home site in Jersey City.
- Representation of owner of 31,000 square foot retail center in tax-deferred sale and acquisition of two replacement parcels
- Representation of landlords in leasing space to tenants at Class A office facilities in Hackensack, Morristown, Paramus and Parsippany, New Jersey
- Representation of a well-known retail chain of stores in the closing of an asset-based credit facility of $22,500,000
- Representation of a bank in mortgage lending transactions in New York and New Jersey.
- Representation of a chain of Manhattan-based convenience stores in its leasing of a new store in lower Manhattan.
- Representation of a developer in obtaining approvals for 134 units of housing in Wallington, New Jersey
- Representation of a non-profit agency in the acquisition of a recreational site of approximately 140 acres in northwestern New Jersey
- Representation of an owner in the sale of an office complex in central New Jersey.
Construction Law
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented a surveyor in a multi-party construction litigation dispute and through extensive negotiations secured an early pre-discovery dismissal of the client.
- Represented a public housing authority in a construction litigation matter brought against it by a contractor seeking millions of dollars for a terminated contract for the construction of low income housing units before any units were constructed. After a three-week long trial, the jury returned a favorable jury verdict for the housing authority.
- Represents an environmental contracting firm in connection with payment claims against a NYC public agency.
- Represented a commercial business owner in a complex construction arbitration against its general contractor, construction manager and architect for breach of contract and defective construction. After a multi-week arbitration hearing, the arbitrator returned an award in favor of the business owner.
- Represented a New York-based developer and financier of solar energy projects in disputes in both the U.S. District Court for the District of New Jersey and the Superior Court of New Jersey arising from three municipal project financings for the design and construction of dozens of solar power electric generating facilities on government-owned properties in Morris, Somerset, and Sussex counties. Successfully obtained a judgment discharging more than $40 million in Municipal Mechanics’ Liens levied against public project funds and then secured an affirmance of that decision following an expedited appeal. Defeated multiple attempts to freeze tens of millions of dollars in proceeds from solar renewable energy certificates, section 1603 grants from the U.S. Department of the Treasury, and revenue derived from the sale of solar electricity. Negotiated extremely complex global settlement agreements that resolved disputes with the engineering, procurement, and construction contractor, county improvement authorities, and county governments.
- Represented a New York-based developer and financier of solar energy projects in a litigation venued in the Superior Court of New Jersey, Law Division, Bergen County relating to the development and construction of solar facilities on government-owned property in Little Ferry, New Jersey and Secaucus, New Jersey. Obtained summary judgment on the bulk of the plaintiff’s damages claims and negotiated a favorable settlement for remaining claims prior to trial.
- Obtained vacatur of preliminary injunction granted in favor of condominium association against unit owner for unauthorized renovations to unit and alleged structural damage to condominium building.
- Successfully settled construction defect case for installer of high-tech floor systems in newly constructed state-of-the-art surgical center in New York City after developing evidence of defective condition of floor covering and theory to overcome supplier’s limited warranty.
- Representation of a New Jersey Country Club in connection with a $10,700,00 construction loan.
- Represents owners, general contractors, prime subcontractors, and suppliers in construction defect matters in connection with commercial projects and residential condominium projects.
- Represented New Jersey Turnpike in construction litigation involving the expansion of the Driscoll Bridge arising out of errors in original steel design and resultant increased costs to the Turnpike. Favorably resolved against contractor and project insurer resulting in several million dollars being paid to the Turnpike.
- Negotiated a favorable settlement on behalf of an international mineral processing company against a manufacturer and fabricator on projects in several states.
- Represented a premier commercial construction company as general outside counsel on many contract and litigation matters.
- Represents architectural firm as general outside counsel.
- Represents engineering firm in multi-party construction defect matter.
- Lead industrial, construction and equipment outside counsel for major Italian chocolate and confectionery products manufacturer.
Corporate & Business Law
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented a national security company in a closing of a $195 million asset-backed credit facility with a private equity group of funds
- Represented a national services company in a closing of an asset-backed credit facility of $100 million
- Represented a national retail goods importer and distributor in the sale of its assets
- Represented a NJ builder/developer in the financing of the construction of a new office building
- Represented a hedge fund management company in a joint venture purchasing asset-backed bond portfolios
- Represented a NJ grocery chain in the purchase of another NJ location
- Represented a national defense contractor in the sale of specified assets
- Represented a utilities authority in the financing and implementation of a hydroelectric facility
- Represented several medical practices in the organization of the company ownership documentation in several sales of the medical practices
- Obtained favorable appellate decision in matter of first impression concerning net book value partnership buy-out valuation and related unconscionable value claims.
- Served as outside general counsel to the world’s largest high speed passenger ferry. Addressed terminal licenses, landing leases, governmental regulatory processes, and related routine legal issues as well as acquisition and financing transactions.
- Represented a hedge fund against the trustee and securities administrator of a residential mortgage-backed securities (“RMBS”) trust before the New York Appellate Division, First Department. The case concerned an issue of first impression—whether a no-action clause that requires securities-holders in an RMBS trust to obtain the permission of their fellow securities-holders before suing applies to claims seeking to enforce the right to receive payment on the securities.
- Representing major beauty supply product company in corporate and collection matters.
- Represented an SEC registered investment adviser in connection with the sale of substantially all of its assets to an unaffiliated SEC registered investment adviser.
- Represented a new subsidiary of a privately held large federal chartered banking institution in connection with its acquisition of an SEC registered investment adviser and its entry into the fee-based investment management sector.
- Represented a multi-state professional engineering and architecture firm in the sale of its equity to a public company purchaser.
- Advised the owner of an environmental services, engineering and remediation company in the sale of their stock for a combination of cash, equity and post-closing employment. Included in the sale were company subsidiaries involved with workplace training and fleet vehicle maintenance services.
- Represented two related companies involved in providing services and materials to the special event and construction industries in their internal reorganization and subsequent sale to a third party buyer for a value of approximately $22.5 million.
- Represented the ownership group of a genetic counseling and life sciences company in their company merger with an institutional healthcare technology company for a combination of cash, promissory notes and equity.
- Represented the exclusive supplier of baked goods to a national restaurant chain in the drafting and negotiation of a long-term Supply Agreement.
- Represented a medical device manufacturer in the drafting and negotiation of a Distribution Agreement with an international distributor.
- Represented C-Suite Executives in their separation and employment negotiations, compensation discussions and onboarding.
- Represented a national pharmaceutical service provider in its negotiation of Master Services Agreements, Project Agreements, Statements of Work and Project Agreements with multiple domestic and international pharmaceutical manufacturers.
- Represented a national insurance company in its structuring, negotiation and documentation of a joint venture with their competitor targeting a new market for both parties.
- Advised a medical device manufacturer in connection with company structuring, capital raising activities and relationship agreements.
- Represented a company ownership group in their succession to the next generation of related and unrelated owners.
Criminal Defense
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Obtained a favorable result for two prominent doctors from New Jersey who were indicted by the Attorney General’s Office of New Jersey for healthcare fraud, committing bribery, and acting as a runner for medical providers. In the initial round of pre-trial motions, the defense obtained a dismissal of healthcare fraud and acting as a runner charges. Ultimately, the defense persuaded the office of Attorney General to permit the doctor involved to be accepted into the Pre-Trial Intervention Program which resulted in the ultimate dismissal of the commercial bribery charge – without any admission of guilt or culpability by the doctor involved. At all times, each doctor steadfastly maintained his innocence.
- Successfully represented on appeal a prominent doctor who had been convicted of two criminal charges involving unlawful sexual contact with a patient. Although this firm did not serve as trial counsel, it was established before the Appellate Division that the doctor in question did not receive a fair trial and the conviction was reversed
- Obtained not guilty verdicts on all charges in a vehicular homicide case arising out of a fatal accident in the Lincoln Tunnel in which the evidence demonstrated that the client’s car was traveling at 91 mph at the moment of the crash. The jury accepted the client’s defense that he suffered a serious medical episode inside the tunnel that rendered him unconscious in the moments leading up to the accident.
- Successfully represented a former Bergen County Democratic Chairman in a federal prosecution.
- Represented a mayor who pleaded guilty to bribery in connection with his duties as mayor. At sentencing the defense persuaded the Federal Court Sentencing Judge to grant the mayor a downward variance from a maximum 57 months to a sentence of 27 months. Advocating the otherwise unblemished background of the mayor and the extensive mitigating factorings involving his charitable endeavors, the lesser sentence was imposed.
- Represented former professional basketball player in connection with an unintentional shooting at his house.
- Represented a physician in a federal prosecution for allegedly receiving kickbacks from a laboratory-services provider.
- Represented a foreign national in a federal prosecution relating to a large multinational hacking and identity theft prosecution
- Representation of doctors accused of improper billing practices and health care fraud in federal court.
- Representation of an individual in a tele-health company accused of health care fraud and a kickback scheme in federal court.
- Representation of a doctor in a federal health care fraud case related to kickbacks from blood lab.
- Obtained a probationary sentence for defendant in a commercial kickback scheme.
- Successfully represented a mortgage bank and a principal from the bank accused of participating in a real estate Ponzi scheme.
- Successfully represented a mortgage broker accused of falsifying loan documents for various borrowers who obtained mortgages from lenders.
- Successfully represented a mortgage broker accused of unfair lending practices in a foreclosure proceeding.
- Successfully represented an inmate on an appeal to the U.S. Court of Appeals for the Third Circuit in a suit challenging, among other things, a prison policy that required all isolation inmates to be strip searched every eight hours, regardless of whether they had any opportunity to obtain contraband. In a precedential decision, the unanimous panel held that “the particular search policy . . . is not reasonably related to [the prison’s] legitimate interests in detecting and deterring contraband, particularly given the significant intrusiveness of the thrice-daily visual body-cavity searches.
- Representation of medical practices and other health care providers with regard to investigations by the New Jersey State Attorney General’s Office and the New Jersey Office of the State Comptroller, Medicaid Fraud Division, as well as the New York State Attorney General’s Office.
- Representation of a former CEO of a tech company in an SEC investigation.
- Representation of a defendant in a federal securities fraud and tax evasion case containing allegations of approximately $200 million of loss.
- Representation and advice to companies on various compliance issues and recovery of seized funds.
- Representation of a defendant in a federal terrorism case.
- Representation of various clients in income tax evasion cases, including an entertainer, a CPA, and a restaurant owner.
- Representation of a former teacher in a case involving allegations of sexual relations with an underaged former student.
- Representation of a defendant in a federal Ponzi scheme fraud case.
Food, Beverage & Hospitality
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented a locally-owned distillery in several contract actions, including securing a refund of defectively manufactured equipment critical to its business.
- Representation of a Fortune 500 company in connection with over three dozen applications for site plan approval and variance relief for restaurant locations throughout central and northern New Jersey in which unanimous approvals were obtained in each case.
- Represented an international hotel-management company in a contract dispute with a hotel owner raising issues of first impression under New York law concerning the hotel owner’s right to terminate the management company without cause on the theory that the management agreement was a personal-services contract. Successfully argued interlocutory appeal to the New York Appellate Division, First Department, resulting in dismissal of a trespass claim against the management company.
- Representing national hotel chain in contract disputes with unions.
- Representation of a chain of Manhattan-based convenience stores in its leasing of a new store in lower Manhattan.
- Represent numerous business in a range of commercial and employment law matters, including franchisees of national brands; a craft brewery; restaurants; pub; CBD beverage manufacturer; leading natural food, beverage manufacturer and third-party logistics company; national food manufacturer; fruit importer and distributor; and apple products manufacturer and exporter.
- Lead industrial, construction and equipment outside counsel for major Italian chocolate and confectionery products manufacturer.
- Litigation counsel for a variety of businesses, including ingredients and spices manufacturer, national Hispanic foods manufacturer headquartered in New Jersey, and hotel franchisee.
- Serve as general outside counsel to numerous businesses in New Jersey and New York, including a restaurant group, individual restaurants and delis, Korean grocery chain, Korea-based BBQ franchise chain with worldwide operations, import-export companies, convenience store chain, ice cream manufacturer, national cheese and dairy products manufacturer, donut franchisees owning multiple locations, and hotel franchisee.
- Represented wine importer and distributor in breach of contract action brought by wine producer and successfully negotiated a settlement.
- Represented 50% owner of restaurant in shareholder dispute and negotiated favorable settlement and buy-out terms without litigation.
- Represented restaurant owner in connection with multiple mechanic’s liens filed by the general contractor and subcontractor and secured discharge of mechanic’s liens and settlement of construction litigation dispute.
- Represents an interior design business focused on the hospitality industry as its general outside counsel.
Health Care
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented an international publicly-held pharmaceutical company in connection with responding to multiple third party subpoenas in a multi-district litigation.
- Representation of medical practices and other health care providers with regard to investigations by the New Jersey State Attorney General’s Office and the New Jersey Office of the State Comptroller, Medicaid Fraud Division, as well as the New York State Attorney General’s Office.
- Representation of doctors accused of improper billing practices and health care fraud in federal court.
- Representation of an individual in a tele-health company accused of health care fraud and a kickback scheme in federal court.
- Representation of a doctor in a federal health care fraud case related to kickbacks from blood lab.
- Obtained a favorable result for two prominent doctors from New Jersey who were indicted by the Attorney General’s Office of New Jersey for healthcare fraud, committing bribery, and acting as a runner for medical providers. In the initial round of pre-trial motions, the defense obtained a dismissal of healthcare fraud and acting as a runner charges. Ultimately, the defense persuaded the office of Attorney General to permit the doctor involved to be accepted into the Pre-Trial Intervention Program which resulted in the ultimate dismissal of the commercial bribery charge – without any admission of guilt or culpability by the doctor involved. At all times, each doctor steadfastly maintained his innocence.
- Successfully represented on appeal a prominent doctor who had been convicted of two criminal charges involving unlawful sexual contact with a patient. Although this firm did not serve as trial counsel, it was established before the Appellate Division that the doctor in question did not receive a fair trial and the conviction was reversed
- Represented physicians in employment negotiations with hospitals and medical practices.
- Represented prominent cardiology group and individual cardiologists in a business tort case brought against them by a specialty hospital asserting claims of tortious interference and unfair competition relating to the group’s referral practices. Retained after the trial court had just denied defendants’ motions for summary judgment and facing a trial that was expected to last several months, we spearheaded the filing of new motions for summary judgment that raised dispositive issues that had not yet been addressed in the more than seven-year-old litigation. Following extensive briefing, the trial court dismissed all of the hospital’s claims with prejudice. The hospital had been seeking nearly $30 million in compensatory damages and an award of punitive damages. On appeal, the Appellate Division affirmed the dismissal of 99% of the hospital’s damages claim and remanded for further proceedings on claims valued at less than $300,000. The case settled during trial, shortly after the parties selected a jury and delivered opening statements.
- Represented a physician in a federal prosecution for allegedly receiving kickbacks from a laboratory-services provider.
- Representation of a client in connection with the sale of a former nursing home site in Jersey City.
Intellectual Property
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- 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.
- Represented a leading heart valve manufacturer in a patent licensing dispute involving rights to a minimally invasive method for repairing and replacing aortic heart valves (transcatheter aortic valve replacement therapy).The dispute focused on whether only a particular patent or an entire family of patents to the revolutionary heart valve device and procedure had been licensed. Following an evidentiary hearing on our application for summary judgment, the matter was resolved through a confidential settlement.
- Representing male underwear model in Lanham Act claim against apparel manufacturer and advertising agency for unauthorized usage of image and likeness in breach of usage agreement.
Investigations - Governmental & Internal
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Investigated a prestigious state university system’s compliance with state public bidding laws, which included the analysis of hundreds of contracts, over 200 interviews, and the release of a 166-page report (plus appendices) of our findings and recommendations.
- Conducted an independent review of the New Jersey Office of the Inspector General’s report reviewing the internal controls of a public entity.
- Conducted an independent review of facts relating to a New Jersey Office of the Inspector General’s report, which alleged wrongdoing by the chief executive officer of one of New Jersey’s public authorities.
- Investigated a claim that an administrator of a large board of education was subjected to a hostile work environment.
- Conducted an internal investigation for a municipality regarding issues of possible misuses of governmental funds and employment issues in its department of public works.
- Conducted a review of compliance issues relating to state and federal grants for a non-profit organization and a public institution.
- Conducted reviews for several private companies relating to issues of potential embezzlement, defalcation and compliance issues.
- Conducted a review of a charter school with regard to a governmental investigation into the actions of employees.
- Representation of private individual with regard to political corruption investigations by federal and state prosecutors.
- Represented the New Jersey General Assembly in a high-profile investigation by a joint legislative committee into the State’s policies and procedures regarding the screening of prospective employees and the handling of claims of sexual assault, abuse, or harassment. Co-authored 119-page committee report that detailed the committee’s factual findings and included nine recommended changes to law and policy.
- Represented a national banking institution in an internal investigation at the bank which uncovered extensive fraudulent misconduct by a bank employee.
Land Use & Zoning
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represent numerous municipalities and municipal planning and zoning boards in land use, zoning and related regulatory matters.
- Advise numerous municipalities and their boards on affordable housing obligations, including prosecuting numerous Mt. Laurel declaratory judgments and obtaining settlements with Fair Share Housing Center.
- Representation of a Fortune 500 company in connection with over three dozen applications for site plan approval and variance relief for restaurant locations throughout central and northern New Jersey in which unanimous approvals were obtained in each case.
- Successfully represented a leading commercial real estate company in New Jersey in a land use and redevelopment dispute with a local township which sought to renegotiate its lease obligations and prior settlement terms.
- Representing a developer against a multi-pronged challenge to its land use rights by a local property owner.
- In a land redevelopment dispute between a private redeveloper and a local designated redevelopment entity involving issues of contract interpretation and claims of breach of contract, successfully briefed and argued the appeal of an adverse jury verdict, resulting in the Appellate Division reversing the jury verdict, and remanding for a new trial.
- Representation of a medical practice in Teaneck, New Jersey to obtain a use variance to expand an existing facility.
- Successfully represented adjacent residential property owners who urged the Livingston Zoning Board to deny a use variance to an applicant seeking to construct a medical office building based on the applicant's failure to meet the statutory criteria for a use variance.
Litigation
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented prominent cardiology group and individual cardiologists in a business tort case brought against them by a specialty hospital asserting claims of tortious interference and unfair competition relating to the group’s referral practices. Retained after the trial court had just denied defendants’ motions for summary judgment and facing a trial that was expected to last several months, we spearheaded the filing of new motions for summary judgment that raised dispositive issues that had not yet been addressed in the more than seven-year-old litigation. Following extensive briefing, the trial court dismissed all of the hospital’s claims with prejudice. The hospital had been seeking nearly $30 million in compensatory damages and an award of punitive damages. On appeal, the Appellate Division affirmed the dismissal of 99% of the hospital’s damages claim and remanded for further proceedings on claims valued at less than $300,000. The case settled during trial, shortly after the parties selected a jury and delivered opening statements.
- Representing the plaintiff in an oppressed minority shareholder suit concerning issues of oppression in a closely held corporation. This case resulted in the New Jersey Supreme Court issuing a precedential decision clarifying the State's oppressed shareholders jurisprudence and provided needed guidance on the question of the proofs necessary to trigger the availability of remedies under the oppressed shareholder statute. The case was remanded and appealed following the entry of a $25 million judgment in our client’s favor on remand. In a second Supreme Court decision, which also created new law on the applicability of a marketability discount in the context of a court ordered buy out of interests in closely held corporations, the Court reinstated in full the judgment of $25 million (an $18 million buyout and plus more than $7 million in pre- and post-judgment interest). In post-judgment enforcement proceedings, assisted in collecting more than $23.9 million through various execution avenues from both individual and corporate judgment debtors. Successfully tried a fraudulent transfer claim, resulting in an opinion and order requiring the return of $18 million in funds secreted overseas.
- Together with co-counsel, obtained a settlement of up to $25 million in favor of a statewide class of inmates and their families in a class action lawsuit against Global Tel Link Corp. (GTL), a prison technology company, and its subsidiaries, regarding overcharged inmate calling services.
- Represented a liquidating trustee appointed by a federal bankruptcy court on an appeal to the New Jersey Appellate Division concerning more than $200 million in claims against the corporate parents and affiliates of an insolvent entity relating to environmental liabilities for pollution of the Passaic River.
- In what is believed to be one of the largest estate litigations in New Jersey, Pashman Stein together with co-counsel successfully defended the trustee of a trust against allegations that the trustee exerted undue influence over his father, who established the trust, causing his father to make certain lifetime transfers of business interests, alter his trust, and reduce plaintiff's share of the estate by upwards of $500 million. Following a highly publicized trial that lasted 85 days and included more than 50 witnesses, Superior Court Judge Estela M. De la Cruz issued a 119-page opinion rejecting plaintiff’s claims and ruling in favor of the trustee. The court found that even though the father suffered from a debilitating form of Parkinson’s disease that affected his speech and movement, he was fully competent to choose his heirs.
- Obtained the dismissal of claims asserted against a Canadian bank and its broker-dealer affiliate in a federal litigation venued in the U.S. District Court for the Southern District of New York involving claims of wrongful termination, breach of contract, and invasion of privacy.
- Represented major mattress retailer in a putative class action alleging violations of both the New Jersey Consumer Fraud Act and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act. Negotiated a favorable class-wide settlement prior to resolution of the plaintiff’s motion for class certification.
- Represented developers in federal constitutional litigation against New Jersey municipalities. One case concerned allegations that the municipality abused its eminent-domain power for corrupt purposes – a case that was widely covered by national and local media. The other case concerned allegations that the municipality abused its power to exact unlawful concessions from our client.
- Represented members of the New Jersey judiciary who successfully challenged a threatened reduction in their pension on the ground that the New Jersey Constitution did not permit a diminution of the salary of a judge.
- Represented a New York-based developer and financier of solar energy projects in disputes in both the U.S. District Court for the District of New Jersey and the Superior Court of New Jersey arising from three municipal project financings for the design and construction of dozens of solar power electric generating facilities on government-owned properties in Morris, Somerset, and Sussex counties. Successfully obtained a judgment discharging more than $40 million in Municipal Mechanics’ Liens levied against public project funds and then secured an affirmance of that decision following an expedited appeal. Defeated multiple attempts to freeze tens of millions of dollars in proceeds from solar renewable energy certificates, section 1603 grants from the U.S. Department of the Treasury, and revenue derived from the sale of solar electricity. Negotiated extremely complex global settlement agreements that resolved disputes with the engineering, procurement, and construction contractor, county improvement authorities, and county governments.
- Representing a Fortune 500 company with expansive real estate holdings in a variety of business litigation and land use matters in New Jersey and New York.
- In a land redevelopment dispute between a private redeveloper and a local designated redevelopment entity involving issues of contract interpretation and claims of breach of contract, successfully briefed and argued the appeal of an adverse jury verdict, resulting in the Appellate Division reversing the jury verdict, and remanding for a new trial.
- Litigation counsel for a variety of businesses, including ingredients and spices manufacturer, national Hispanic foods manufacturer headquartered in New Jersey, and hotel franchisee.
- Local counsel for a large shopping mall owner with regard to non-payment by national retailers during COVID pandemic.
- Negotiations for investors in a claw back action relating to a Ponzi scheme.
- Successfully represented individual sued by her deceased ex-fiancé’s estate for the return of a valuable engagement ring. Following a four-day bench trial, Court held that the engagement ring - typically considered a conditional gift - in this particular instance was unconditional, notwithstanding that the parties’ engagement had terminated during the decedent’s lifetime.
- Represented a prominent nationally recognized trial law firm in a fee dispute with another law firm. Arbitration resulted in a mutually agreeable confidential resolution.
- Represented a U.S. subsidiary of an internationally-based global mining and exploration company in a litigation brought by a competitor seeking an award of damages and an injunction prohibiting the U.S. subsidiary from selling one of its primary products in North America. Successfully opposed an order to show cause seeking temporary restraints that would have crippled the client's business.
- Obtained settlement of all claims against our client in a multi-district federal antitrust litigation involving numerous corporate and individual defendants.
- Successfully represented a leading commercial real estate company in New Jersey in a land use and redevelopment dispute with a local township which sought to renegotiate its lease obligations and prior settlement terms.
- Obtained a successful settlement on behalf of a prestigious New Jersey law firm in a fee dispute in which that firm's client refused to pay its contingency fee after a decade-long legal battle.
- Represented a large international labor union in a civil case involving hundreds of millions of dollars in assets and hundreds of thousands of workers.
- Representation of a defendant in a federal securities fraud and tax evasion case containing allegations of approximately $200 million of loss.
- Represented a British bank in a litigation venued in the Superior Court of New Jersey, Essex County involving claims for alleged fraud and racketeering arising out of an insurance company’s investment in nearly $300 million in residential mortgage-backed securities.
- Defending a digital video streaming service provider in a putative class action alleging violations of the federal Video Privacy Protection Act and venued in the U.S. District Court for the Eastern District of New York, which dismissed the complaint without leave to amend. The matter is presently before the U.S. Court of Appeals for the Second Circuit.
- Defended a major retailer in cases brought by counties and cities in New Jersey alleging that the distribution of prescription opioids constitutes a public nuisance.
- Successfully briefed and argued an appeal to the U.S. Court of Appeals for the Second Circuit on behalf of a global restaurant chain in a complex commercial dispute.
- Successfully represented a major financial institution in litigations in both state and federal court in New York (New York County Commercial Division and the U.S. District for the Eastern District of New York) seeking the recovery of nearly $1 million in funds wrongfully removed by customers from an account in violation of foreign court orders.
- Represented a New Jersey-based financier and developer of solar energy generation projects in a federal litigation venued in the U.S. District Court for the District of New Jersey arising from the sale of solar projects on government-owned property in New Jersey.
- Successfully obtained a preliminary injunction prohibiting a former senior executive from competing against his former employer anywhere in the state of New Jersey and successfully prosecuted an order for sanctions when the former employee violated the injunction.
- Represented a British bank in an action brought in the U.S. District Court for the Southern District of New York to recover an unpaid investment banking fee. Negotiated a settlement following motion practice in which the court struck several of the adversary’s affirmative defenses and dismissed the adversary’s counterclaim against the firm’s client for breach of contract.
- Successfully appealed and obtained reversal of $7.6 million jury verdict in premises liability action.
- Successfully defended a lawsuit challenging a county improvement authority's award of a waste disposal contract valued at approximately $150 million. The plaintiff, an unsuccessful bidder, challenged the improvement authority's application of the financial responsibility requirements of the bid specifications. Following a bench trial, the court rejected the plaintiff's challenge to the contract award.
- Avoided litigation and all liability on behalf of a national manufacturer that shipped non-conforming goods to a Fortune 500 customer/supplier. Addressed complex issues pertaining to the Uniform Commercial Code and aggressively refuted a claim that exceeded $2.5 million.
- Represented the liquidator of an insolvent Swiss financial-services company in bankruptcy litigation under Chapter 15 of the Bankruptcy Code against U.S., U.K., and Korean financial institutions. The case involved a dispute as to whether U.S. and Swiss bankruptcy law permitted some of the defendants to set off amounts owed the plaintiff under ISDA Master Agreements governing derivatives transactions against amounts that the plaintiff and one of its affiliates owed to another defendant under different ISDA Master Agreements.
- Represented a Latin American State in two investment-treaty arbitrations before arbitral tribunals and an annulment committee at the International Centre for Settlement of Investment Disputes (ICSID). The case involved allegations that the State violated bilateral investment treaties by failing to pay the claimants for custom-inspection services.
- Represented an international hotel-management company in a contract dispute with a hotel owner raising issues of first impression under New York law concerning the hotel owner’s right to terminate the management company without cause on the theory that the management agreement was a personal-services contract. Successfully argued interlocutory appeal to the New York Appellate Division, First Department, resulting in dismissal of a trespass claim against the management company.
- Successfully represented adjacent residential property owners who urged the Livingston Zoning Board to deny a use variance to an applicant seeking to construct a medical office building based on the applicant's failure to meet the statutory criteria for a use variance.
- Obtained multiple defense verdicts for industry leading computer manufacturer sued by plaintiffs for defective design and failure to warn with respect to repetitive stress injuries allegedly sustained from operating computer keyboards, mouse devices and UPC price scanners.
Local Counsel
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Representing one of the world’s largest financial institutions in a qui tam litigation involving alleged violations of the New Jersey False Claims Act arising from the offering and sale of municipal bonds.
- Serving as local counsel to a publicly traded company in a federal antitrust and trade-secrets dispute in the life-sciences data industry concerning hundreds of millions of dollars in alleged damages.
- Represented a British bank in a litigation venued in the Superior Court of New Jersey, Essex County involving claims for alleged fraud and racketeering arising out of an insurance company’s investment in nearly $300 million in residential mortgage-backed securities.
- Represented a liquidating trustee appointed by a federal bankruptcy court on an appeal to the New Jersey Appellate Division concerning more than $200 million in claims against the corporate parents and affiliates of an insolvent entity relating to environmental liabilities for pollution of the Passaic River.
- Represented developers in federal constitutional litigation against New Jersey municipalities. One case concerned allegations that the municipality abused its eminent-domain power for corrupt purposes – a case that was widely covered by national and local media. The other case concerned allegations that the municipality abused its power to exact unlawful concessions from our client.
- Represented an international publicly-held pharmaceutical company in connection with responding to multiple third party subpoenas in a multi-district litigation.
Public Entity Law
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Serve as borough attorney, special counsel, and affordable housing counsel to numerous municipalities throughout New Jersey.
- Successfully obtained summary judgment on behalf of City and its police officers in civil rights action involving false arrest and malicious prosecution claims.
- Successfully defended a lawsuit challenging a county improvement authority's award of a waste disposal contract valued at approximately $150 million. The plaintiff, an unsuccessful bidder, challenged the improvement authority's application of the financial responsibility requirements of the bid specifications. Following a bench trial, the court rejected the plaintiff's challenge to the contract award.
- Obtained summary judgment on behalf of a State agency and several of its employees in a lawsuit brought on behalf of a former employee. The plaintiff had asserted claims of retaliation, wrongful death and civil rights violations, under various provisions of federal and state law. The Third Circuit affirmed the dismissal of the plaintiff's claims on appeal.
- Successfully tried a lengthy jury trial in the United States District Court involving a claim of excessive force resulting in the death of an inmate in custody.
- Represents the Monmouth County Prosecutor in employment discrimination litigation.
- Successfully prosecuted Mt. Laurel declaratory judgment actions on behalf of municipal clients resulting in Final Judgments of Compliance and Repose protecting clients from builder’s remedy litigation through July 2025.
- Obtained an Appellate reversal of an adverse ruling on behalf of a public Business Improvement District involving litigation over utility improvements in the right of way. The Appellate Court determined that the extensive improvements required the prior approval of the municipality.
- Won a jury trial verdict in favor of public housing authority in an $8 million claim by a contractor in a construction litigation matter.
- Represented New Jersey Turnpike in construction litigation involving the expansion of the Driscoll Bridge arising out of errors in original steel design and resultant increased costs to the Turnpike. Favorably resolved against contractor and project insurer resulting in several million dollars being paid to the Turnpike.
Securities Regulatory Enforcement & Litigation
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- Represented the founder and CEO of a Silicon Valley Fortune 500 multi-billion-dollar semi-conductor company in connection with DOJ criminal investigation, SEC anti-fraud litigation, and class action in California, and derivative litigation in Delaware in one of the largest, if not largest, back dating stock option cases.
- Represented a Bahamian broker-dealer and its President in SEC anti-fraud litigation in Illinois.
- Represented an individual in SEC anti-fraud litigation in Nevada.
- Served as co-counsel for an individual indicted and at a four-week trial for securities and wire fraud in Florida.
- Represented SEC judgment debtor in a SEC civil contempt proceeding at trial in Florida.
- Represented an accountant, individually and as Trustee of a domestic trust and as Trust Advisor to three offshore trusts in connection with securities and bankruptcy litigation in New Jersey.
- Represented a broker-dealer and its President in SEC market manipulation anti-fraud administrative proceeding in New York.
- Represented a broker-dealer and its President in NJBOS anti-fraud litigation in New Jersey.
- Represented a New York City attorney in SEC anti-fraud litigation in New York.
- Represented former brokers in a FINRA arbitration commenced by the court appointed Trustee in SEC Ponzi scheme case seeking approximately $30,000,000 in damages in Michigan.
- Represented a major accounting firm and partners in SEC administrative proceedings, including at hearings in Washington, D.C.
- Represented a bank owner, officer, and director in SEC insider-trading litigation in New York.
- Represented an officer/analyst of a leading financial credit ratings agency in a class action in New York.
- Represented CEO of a public company in an enforcement action by the SEC relating to alleged violations of the Securities Act of 1933 and the Securities Exchange Act of 1934.
- Represented individuals in a civil suit by the New Jersey Bureau of Securities alleging fraud in the sale of unregistered notes and the misuse of investor monies.
- Representation of numerous clients in various SEC investigations arising out of possible violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 and successfully avoiding enforcement proceedings.
Trusts, Estates & Fiduciary Litigation
- Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
- In what is believed to be one of the largest estate litigations in New Jersey, Pashman Stein together with co-counsel successfully defended the trustee of a trust against allegations that the trustee exerted undue influence over his father, who established the trust, causing his father to make certain lifetime transfers of business interests, alter his trust, and reduce plaintiff's share of the estate by upwards of $500 million. Following a highly publicized trial that lasted 85 days and included more than 50 witnesses, Superior Court Judge Estela M. De la Cruz issued a 119-page opinion rejecting plaintiff’s claims and ruling in favor of the trustee. The court found that even though the father suffered from a debilitating form of Parkinson’s disease that affected his speech and movement, he was fully competent to choose his heirs.
- In a probate dispute related to family businesses holding substantial real estate interests in New Jersey and New York, obtained dismissal of all claims for alleged misappropriation of assets against our client, one of two beneficiaries of the estate, and appointment of a fiduciary to marshal and sell various disputed assets of the estate.
- Defended a trustee of allegations of self-dealing and fraud along with vigorous and extensive efforts to remove her from that role. Obtained a dismissal of all claims following a nine day trial and then successfully defended an appeal of the dismissal.
- Representing a widow who was omitted from her spouse’s will because they met and were marred after the will’s creation. Successfully applied the omitted spouse statue to entitle the widow to an intestate share of the decedent’s estate despite the recognized validity of the will that omitted her. As a result, our client was permitted to retain her marital home, despite that home being a part of decedent’s estate that was devised to other beneficiaries.
- Represented life partner of decedent on issue of whether it was the decedent's probable intent to devise real property to his life partner free of mortgage debt although the issue was not addressed in decedent's will. The case was decided against the life partner at trial and on appeal. In a published opinion, the New Jersey Supreme Court granted certification and held that the decedent's probable intent was to transfer the property to the life partner free of debt and thus estate was required to pay off significant mortgage amount.
- Successfully defended a trustee in a suit claiming breaches of fiduciary duties related to the management of several family trusts holding substantial closely held real estate asset interests resulting in a settlement of all claims, reformation of numerous trusts, and the removal of the disgruntled beneficiary from the trusts/family businesses.
- Successfully defended a widow against other beneficiaries in a dispute over decedent’s pharmacy business and ownership of the commercial building in which it operates, including the successful negotiation of the sale of the building and business.
- Obtained a highly favorable settlement of ligation involving a gift trust consisting of several million dollars following applications for emergent relief and an interlocutory appeal to compel the arbitration. Guided our client towards a resolution that included a full distribution of trust proceeds and the equally favorable settlement of a related 5-year arbitration involving real estate holdings worth more than $22 million.
- Represented eight siblings in litigation to set aside a will worth several million dollars based on a distant relative and caregiver’s undue influence. Established numerous acts of self-dealing and the misappropriation of funds following a forensic analysis of extensive financial records. Also established likely undue influence following extensive discovery including the deposition of the attorney scrivener of the will. Achieved a favorable settlement on the very eve of trial resulting in a significant augmentation of their distributions as will beneficiaries.