RECENT DECISIONS AND ISSUES
Recent Decisions
- June 11, 2010 – Part of a four-firm defense team that obtained pre-discovery dismissal of eight-figure qui tam claims in a healthcare setting.
- May 24, 2010 – Obtained ‘lift-stay’ possession of equipment from complex series of bankruptcies.
- March 31, 2010 – The Firm obtained a $100,000.00 fee-shift award in the commercial lease case, based on an attorneys-fee provision in the Lease.
- February 5, 2010 – The Firm obtained an Order essentially dismissing the individual principal of an entity from a case involving contractual disputes between two commercial entities.
- December 17, 2009 – The Firm obtained summary judgment in a complex multi-party commercial-lease matter, exculpating the sublandlord from the case entirely.
- August 28, 2009 - The Firm obtained an emergent Writ of Replevin on a Motion brought by Order to Show Cause in an action against a lessee who defaulted under a master lease for certain specialty equipment.
- August 21, 2009 – The Firm, representing a professional, prevailed in opposing a Motion to Dismiss filed in an action for defamation and related counts. The movants claimed their comments were protected by the attorney-client privilege, litigation privilege and qualified privilege. The Court accepted the Firm’s arguments that none of these privileges applied and denied the Motion.
- July 8, 2009 – The Firm obtained an Order requiring transactional counsel to immediately repay more than $100,000 in unearned retainer fees when counsel withdrew from the representation.
- March 5, 2009 - The Firm obtained a Preliminary Injunction and Sealing Order precluding the parties from disseminating information regarding the action and precluding the defendants from taking potentially career-ending action against the plaintiff.
Recent Issues Dealt With
- New Jersey’s new False Claims Act, applying federal qui tam principles; with subissues such as retroactivity and simultaneous proceedings.
- The effect of force majeure principles in contract clauses in light of the recent economic downturn (and the resultant catastrophic effect on business), in defense of a multimillion-dollar lease obligation.
- Various methods of structuring relationships between physician groups and hospitals.
- Collaborating with a new client on its employment and operational manual and restrictive covenant documents.
- Appearing in an international commercial arbitration, where the client had defaulted on virtually all requirements under the Case Management Order. The Firm was successful in reinstating the defense and asserting a counterclaim on the eve of the hearing.
Recent Seminars
- November 23, 2009 - Renaissance Woodbridge Hotel
- Clark E. Alpert, author of the Guide to New Jersey Contract Law, and Jeremy Weiss, both members of the Firm, were among the Panelists presenting a program chaired by Mr. Alpert entitled "Drafting, Negotiating and Litigating Agreements: Are Your Contracts Bulletproof?"; as part of NJICLE’s Continuing Legal Education programs.
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