Professional Experience
Mr. Kearney represents corporations, nonprofit organizations, and financial institutions in all facets of complex civil and criminal litigation. Recently, he successfully defended St. Mary's Abbey/Delbarton against allegations of improper zoning. He defended a nationwide manufacturer against alleged environmental crimes. He successfully defended Wachovia Bank before a jury against allegations that the bank breached a fiduciary duty to Essex County when a senior vice president bribed the county treasurer. Also, Mr. Kearney tried the first bank valuation case under New Jersey's new standards of review, a case involving five valuation experts and charges that the bank board breached its fiduciary duty to shareholders. He prosecuted to verdict two federal trademark infringement cases. In the healthcare arena, he acts as a civil prosecutor, representing several insurance carriers in prosecuting claims of healthcare fraud.
Mr. Kearney was formerly an assistant prosecutor, from 1980-1984, with the Essex County prosecutor's office, where he conducted more than 50 jury trials and 25 bench trials, including murder, armed robbery, sexual assault, and extortion. In private practice, he has conducted numerous federal and state jury and nonjury trials in such areas as RICO, trademark infringement, bank fraud, and civil rights violations.
Representative Matters
· Recent representative cases that went to trial and verdict include the successful defense of St. Mary's Abbey; the successful defense of a $30 million class-action suit against a bank that reorganized through a cash-out merger under Subchapter S; the successful prosecution of two Lanham Act (trademark infringement) cases in the United States District Courts for the Southern District of New York and the District of New Jersey; and the successful defense of a top 10 national bank against a $20 million claim involving RICO, bribery and fraud. Other recent cases include the successful defense at trial of fraud claims against a brokerage house and its employees; the defense of a financial institution before the SEC and a federal grand jury; and the prosecution of fraud claims against corporations and individuals who set up a massive scheme to overbill an insurance carrier for Lyme Disease treatment.
Representative reported cases include the following:
Schnall v. Amboy Natl Bank, 279 F3d 205 (3rd Cir. 2002) (Truth-in-Savings Act)
Casey v. Brennan, 344 N.J. Super. 83 (App. Div.), certif. denied and certif. granted, 170 N.J. 389 (2001) affd, 173 N.J. 177 (2002) (Valuation)
Globe Motor Car v. First Fidelity Bank, 273 N.J. Super. 388 (Law Div. 1994): The first reported decision in New Jersey to directly reject the imposition of a fiduciary duty on a lending bank in its relationship with a borrower
G.F. Industries v. American Brands, 245 N.J. Super. 8 (App. Div. 1990): Seminal decision regarding conflict of interest rules among parent corporations and their subsidiaries
State v. Davis, 244 N.J. Super. 180 (App. Div. 1990): Limits on prosecutor's discretion in rejecting pretrial intervention applications
State v. Gantt, 186 N.J. Super. 262 (Law Div. 1982): Early leading case regarding the meaning of the Graves Act
Davis v. Grusemeyer, 996 F.2d 617 (3d Cir. 1993): RICO statute of limitations and prosecutorial immunity for investigators
News, Publications & Presentations
· Featured, "Seventy-two Day Pitney Lawyers Named to Best Lawyers List for 2012," Day Pitney Press Release, October 4, 2011
· Quoted, "Prosecutor Turf War Overshadows $150M Maxim Deal," Law360, September 14, 2011
· Featured, "Chambers USA 2011 Names 45 Day Pitney Attorneys as 'Leading Lawyers for Business'," Day Pitney Press Release, June 10, 2011
· Featured, "Day Pitney Achieves Third Circuit Win on Behalf of Amboy Bancorporation," Day Pitney Press Release, April 27, 2011
· Featured, "Thirty-three Day Pitney Attorneys Named New Jersey Super Lawyers," Day Pitney Press Release, March 31, 2011
· Co-author, "NJ State Courts Lack Authority to Enforce Subpoenas Issued to Federal Agencies and Employees," Day Pitney Alert, October 26, 2010
· Featured, "Seventy-six Day Pitney Lawyers Named to Best Lawyers for 2011," Day Pitney Press Release, August 9, 2010
· Featured, "Chambers USA 2010 Names 40 Day Pitney Partners as 'Leading Lawyers for Business,'" Day Pitney Press Release, June 11, 2010
· Featured, "Fifteen Day Pitney Attorneys Named in Super Lawyers Corporate Counsel Edition," Day Pitney Press Release, February 24, 2010
· Featured, "Day Pitney Wins Jury Verdict in Insurance Fraud Case," Day Pitney Press Release, January 22, 2010
· Featured, "Seventy-seven Day Pitney Partners Named to Best Lawyers 2010," Day Pitney Press Release, July 30, 2009
· Quoted, "Dwek's Role as FBI Informant Was 'Worst-Kept Secret in New Jersey,'" New Jersey Star-Ledger, July 26, 2009
· Quoted, "Developer Became Secret Witness," Wall Street Journal, July 24, 2009
· Featured, "Day Pitney Partners Named 'Leading Lawyers for Business' by Chambers USA 2009, " Day Pitney Press Release, June 16, 2009
· Featured, "Thirty Three Day Pitney Attorneys Named New Jersey Super Lawyers," Day Pitney Press Release, April 1, 2009
· Co-author, Day Pitney White Collar Quarterly Newsletter, Winter 2009
· Featured, "75 Day Pitney Partners Named Among The Best Lawyers in America® 2009 Ranked #1 in New Jersey and #2 in Connecticut, " Day Pitney Press Release, December 11, 2008
· Co-author, Day Pitney White Collar Quarterly Newsletter, Fall 2008
· Featured, "Chambers USA 2008 Ranks 39 Day Pitney Attorneys as Leaders in Their Fields," Day Pitney Press Release, July 22, 2008
· Co-author, Day Pitney White Collar Quarterly Newsletter, Spring 2008
· Co-author, Day Pitney White Collar Quarterly Newsletter, Winter 2008
Professional Affiliations
· American Bar Association
· American Health Lawyers Association
· New Jersey State Bar Association
· I.C.L.E. Panelist - Healthcare Fraud
· New Jersey Supreme Court District Ethics Committee, District X, Committee Investigator, 1990-1994
· New Jersey Supreme Court District Ethics Committee, District X, Hearing Panel chairman, 1991-1994
Outside Interests
· For the past five years, Mr. Kearney has been chairman of the board of the New Jersey Marine Sciences Consortium. The NJMSC is an organization comprised of 27 New Jersey universities and colleges committed to marine education, ecology, and conservation in the Garden State.
Awards and Achievements
· Chosen for inclusion in the Chambers USA Legal Directory as a leading litigation lawyer, 2004-2011
· Chosen for inclusion in The Best Lawyers in America, Commercial Litigation and White Collar Criminal Defense, 2006-2012
· Recognized as a New Jersey Super Lawyer in the area of business litigation, 2005-2011
· Recognized as a Super Lawyer, Corporate Counsel edition, 2010