Attorney Profiles

David N. Butler
West Orange, New Jersey

Partner
phone	(973) 325-1188
fax	(973) 325-3399
email	Email Me
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David Butler is a senior member of Alpert Butler & Weiss, P.C.'s commercial litigation group, with extensive experience in matters before both the state and federal courts, as well as arbitral and administrative bodies. These encompass a wide variety of complex litigation and regulatory matters; including health care issues, banking matters, contract actions, shareholder disputes, employment law, antitrust and unfair competition claims, civil RICO litigation, business torts, Uniform Commercial Code, legal and accounting malpractice, public contract law, computer litigation, environmental claims, employment claims, land use litigation, constitutional law and civil rights matters. He also has substantial experience with pre- and post-judgment remedies, including injunctions, replevin, capias, and writs of attachment.

Among the matters to which Mr. Butler has devoted substantial attention are: close corporation and partnership disputes requiring emergent relief on behalf of shareholders or partners, including 'freeze-outs', self-dealing, fraud and other misconduct; significant administrative matters; substantial copyright and trademark disputes; business arbitrations; and complex state and federal motion and appellate practice, including appeals to intermediate courts and petitions for certification to the New Jersey Supreme Court and certiorari to the United States Supreme Court.

Mr. Butler and the commercial litigation group have also engaged in substantial court and arbitration proceedings in such diverse matters as contamination of imported food ingredients; fraud and misconduct in the construction industry targeting both consumers and subcontractors; recovery of fraudulently-concealed assets; tortious acts by legal and other professionals to the detriment of third parties (including other professionals); and representation of group medical practices in disputes implicating state and federal anti-kickback, anti-self-referral, and related health industry laws and regulations.

Mr. Butler is the author of The Long Arm of Civil RICO, 143 N.J.L.J. 936 (1996), and has dealt with a substantial number of contested RICO matters, including both federal RICO (e.g., in Marshall v. Fenstermacher, 388 F.Supp.2d 536 (E.D.Pa. 2005), and New Jersey's uniquely extensive State RICO Act. He was also counsel in Rumbauskas v. Cantor, 266 N.J.Super. 399, 629 A.2d 1359 (App. Div. 1993), rev'd 138 N.J. 173, 649 A.2d 853 (1994), which dealt with the right to privacy. In addition, he appeared on ICLE's consumer fraud seminar as a panelist.

Mr. Butler received his J.D. degree in 1985 from Rutgers University School of Law, Newark, where he was Business Editor of the Rutgers Computer and Technology Law Journal, and his B.S. degree in Economics from Carnegie Mellon University in 1982. He is a member of the New Jersey and Pennsylvania Bars, and is admitted to practice before the United States District Courts for New Jersey and the Southern, Eastern and Northern Districts of New York. Prior to joining our firm, Mr. Butler was a senior associate in the commercial litigation department of Greenberg Margolis, where he worked with Clark Alpert.

Areas of Practice:

Litigation & Appeals

Bankruptcy Law

Contracts

Business Organizations

Employment Law -- Employee

Employment Law -- Employer

Labor Law

Real Estate Lawwww.nysd.uscourts.gov/

Bar Admissions:

New Jersey, 1985

Pennsylvania, 1986

U.S. District Court District of New Jersey, 1985

U.S. District Court Eastern District of New York, 1987

U.S. District Court Southern District of New York, 1987

U.S. District Court Northern District of New York, 2001

Education:

Rutgers, The State University of New Jersey School of Law - Newark, Newark, New Jersey, 1985

J.D.

Law Journal: Rutgers Computer and Technology Law Journal, Business Editor

Carnegie-Mellon University, Pittsburgh, Pennsylvania, 1982

B.S.

Major: Economics

Published Works:

The Long Arm of Civil Rico, 143 N.J.L.J. 936, 1996

Professional Associations and Memberships:

Essex County Bar Association

New Jersey State Bar Association