Partner, Litigation Department
Member, Alternative Dispute Resolution Practice Group
Member, Banking, Business Financing & Creditors' Rights Practice Group
Member, Bankruptcy & Reorganization Practice Group
Member, Environmental Practice Group
Member, Land Use Practice Group
Practice Focus
Mr. Schmutter represents clients in federal and state trial and appellate courts, before administrative tribunals and in other proceedings in New Jersey and New York. He is experienced in contract litigation, environmental disputes, real estate matters, franchise litigation, shareholder and partner disputes, creditors' rights and bankruptcy, commercial landlord-tenant disputes, trademark and copyright litigation, employment matters, land use litigation, trust and estate cases and civil rights and constitutional law issues. He also represents clients in alternative dispute resolution proceedings, including arbitrations and mediations.
Mr. Schmutter was one of two attorneys to litigate the leading case in New Jersey on the valuation of closely held corporations under the New Jersey shareholder oppression statute. He has argued a reported appellate decision involving New Jersey's Municipal Land Use Law, and has briefed and argued before state and federal appellate courts . He has also briefed on multiple occasions before the United States Supreme Court and the New Jersey Supreme Court.
Professional Activities / Honors
· Mr. Schmutter has submitted three amicus curiae briefs to the Supreme Court of the United States, one of which was cited by Justice Alito in McDonald v. Chicago. He also submitted an amicus curiae brief to the Supreme Court of New Jersey.
Publications / Articles / Presentations
· Author, "It's Unwise, Unlawful to End Exemption for Minor Hazardous Substance Uses," New Jersey Law Journal commentary, August 2011
· Guest speaker, "Forty Years of the Second Amendment Civil Rights Movement - From Burton v. Sills to McDonald v. Chicago," New Jersey Second Amendment Society meeting, February 2011
· Interviewed on the impact of McDonald v. Chicago on the Constitutionality of New Jersey Firearms Law, Freedom Watch, FOX Business Network, August 2010
· Author, "Throwing the Book at Gun Laws," The Bergen Record commentary, August 2010
Other
· Prior to joining the firm in January 2012, Mr. Schmutter was a partner in the Litigation practice group at Farer Fersko. He was a litigation partner at Hartman & Winnincki and worked in corporate finance for the Republic National Bank of New York.
· Mr. Schmutter has volunteered as a guest lecturer teaching Constitutional Law to New Jersey middle school students.