In the United States, only two or three out of every 100 civil lawsuits result in a trial on the merits. If there is a possibility that your case might be one of the very few only resolved by trial, you want to do what you can to stack the odds in your favor. As lead trial counsel, Mr. Shih has an unblemished record when it comes to securing victories for his clients when trial is unavoidable. The favorable verdicts have been achieved both on the plaintiff and defense side and in all forms of litigation-bench and jury trials and arbitration. It's neither the side of the “v” nor the label of the fact finder that dictates Mr. Shih's approach, because in every case it's the client that matters. His ability and resolve to quickly grasp the root of the issues in dispute, and how those issues affect his client's business, allow him to litigate a variety of claims for clients in a number of industries-the very essence of a commercial litigator.
In the other 98% of cases, Mr. Shih is equally adept at securing pre-trial dismissals, frequently prevailing on motions to dismiss and motions for summary judgment to extricate clients from otherwise damning allegations. Mr. Shih understands that for his clients, litigation is an unwelcome distraction and expense from their businesses and lives, and thus, he always counsels clients on the possibility of settlement or alternate dispute resolution and does what it takes to negotiate an end to the case. Mr. Shih's top priority is the right and most expeditious resolution to the case.
In his commercial litigation practice, Mr. Shih represents businesses and individuals in cases involving corporate and partnership disputes, unfair competition and consumer claims, trademarks and trade secrets, restrictive covenants, investment claims, and a variety of other complex business matters. He also represents closely held corporations in cases in which the owners have disputes pending in family court and probate court, as well as family members involved in estate disputes.
As a shareholder on the firm's Professional Liability and Responsibility team, Mr. Shih regularly represents national, regional and local law firms in cases involving claims of professional negligence, breach of fiduciary duty, fraud, and civil conspiracy, among others. The attorneys he defends practice in a variety of disciplines, yet Mr. Shih makes it a priority to understand their practice so that he can better mount their defense. To the extent the specialty is especially arcane-as in the case of “total return swaps” or “qualified domestic relations orders” to name a few-there is a strong likelihood Wilentz has attorneys who practice in that area, allowing Mr. Shih to draw from that experience to better defend the claim.
Mr. Shih is committed to serving the legal profession. Appointed by the New Jersey Supreme Court, he has been served on multiple panels and committees including: Civil Practice Committee and the committee on Rules of Evidence. The New Jersey Supreme Court has also charged him with investigating and adjudicating wrongdoing by attorneys, serving as Panel Chair of a Fee Arbitration Committee and as Vice-Chair of a District Ethics Committee. He has also served on the Court's Complementary Dispute Resolution Committee.
In the community, Mr. Shih is a legal advisor and former Deacon of Legal and Community Affairs for the Rutgers Community Christian Church. He has also served as an elected officer and board member of the Asian Pacific American Lawyer's Association of New Jersey, and as co-chair of its Professional Development Committee.
Awards and Recognitions:
•Best Lawyers in America, since 2013
•New Jersey Super Lawyers, “Super Lawyer, ” since 2013, and “Rising Star, ” 2006-2012
•Best Under 40 by the National Asian Pacific American Bar Association, 2011
•Forty-under-40 award by the New Jersey Law Journal, 2011
•Forty-under-40 award by NJBIZ, 2006
•Professional Lawyer of the Year by the New Jersey Commission on Professionalism in the Law, 2011
•Outstanding Legal Achievement Award by the New Jersey Chinese American Chamber of Commerce, 2008
•Appellate Docket - Fall 2008
•“Suing Predecessors, Successors, Co-Counsel, ” New Jersey Lawyer Magazine, 15 NJL 1787, Aug. 28, 2006
•“You Claim You Would Have Gotten A Better Result? Prove It, ” American Bar Association, Lawyer's Professional Liability Committee, 2014
•Mock Hearing on Summary Judgment Motions, 2014
•Expert Witness Examination Skills Workshop, 2014
•“Calling For Help: What To Do When You're The Subject Of An Ethics Complaint And How To Stay Out Of Trouble, ” New Jersey State Bar Association, 2013
•“How To Get Disbarred, ” National Asian Pacific American Bar Association, 2013
•“How To Be A Young Lawyer And Excel At The Profession, ” Middlesex County Bar Association, 2013
•“Professionalism and Technology; The Advantages And Pitfalls, ” Middlesex County Bar Association, 2013
•Civil Court Rules Update, New Jersey Institute of Continuing Legal Education, 2012
•New Jersey Civil Trial Preparation, New Jersey Institute of Continuing Legal Education, 2005-2006