•Complex commercial litigation
•Financial services litigation
•Hon. Gary S. Stein, Supreme Court of New Jersey, 1994-1995
Recognition & Leadership
Awards & Accolades
•Listed, Super Lawyers magazine, New Jersey Super Lawyers, 2009-2014, 2018-2019
•Listed, Chambers USA Guide, 2019
•Team Member, U.S. News - Best Lawyers, Best Law Firms Edition, Law Firm of the Year, Banking & Finance - Litigation, 2017
•Member, Winning Team, New Jersey Law Journal's Class Action Litigation Department of the Year, 2016
•Member, Winning Team, New Jersey Law Journal’s General Litigation Department of the Year award, 2013
•Team Member, Lexology’s Client Choice Award USA & Canada, United States: New Jersey, 2013
•Team Member, a Law360 Appellate Practice Group of the Year, 2010
•Listed, New Jersey Law Journal 40 Under 40, 2006
Litigation Counsel of America
•Former Member, The Justice Morris Pashman American Inn of Court Fellow: Litigation Counsel of America
• Former Member, The Justice Morris Pashman American Inn of Court
Awards & Recognition
• Member, Winning Team, New Jersey Law Journal's "General Litigation Department of the Year" award, 2013
• Team Member, Lexology's Client Choice Award USA & Canada, United States: New Jersey, 2013
• Listed, Super Lawyers magazine, New Jersey Super Lawyers, 2009-2013
• Team Member, a Law360 "Appellate Practice Group of the Year," 2010
• Listed, New Jersey Law Journal "40 Under 40," 2006
• Class Actions
- Lead attorney representing banks and a financial services company in putative class action alleging violations of New Jersey consumer protection statutes and the Truth in Lending Act in connection with credit card advertisements and solicitations. Obtained dismissal of the matter in its entirety. Shah v. American Express Company, 2009 WL 3234594 (D.N.J. Sept. 30, 2009).
- Lead attorney representing financial services company in putative class action seeking to certify a nationwide class based on alleged violations of the Fair Credit Reporting Act. Limited the scope of discovery by defeating Plaintiff's motion to compel a broad range of information, Watts v. American Express Travel Related Services Company, Inc., 2009 WL 906286 (D. Colo. April 3, 2009), and defeated motion for class certification.
- Lead attorney representing financial services company in putative nationwide consumer class action alleging improper activity in connection with credit card accounts and seeking $100 million in damages. Obtained dismissal of the action in its entirety.
- Lead trial attorney representing defendants in putative class actions concerning rebate feature of a credit card product. Compelled arbitration on an individual basis. Homa v. American Express Company, 496 F. Supp. 2d 440 (D.N.J. 2007), remanded by 558 F. 3d 225 (3d Cir. 2009), stay granted pending Supreme Court decision, 2010 WL 4116481 (D.N.J. Oct. 18, 2010), and in August 2011, the District Court reinstated the arbitration order and thereafter the Third Circuit affirmed, 494 Fed.Appx. 191 (3rd Cir. 2012)
- Lead attorney representing credit card issuers in putative class actions in Southern District of New York alleging violations of the Truth in Lending Act. Obtained dismissal of several actions, including Schnall v. HSBC Bank Nevada, N.A., 2013 WL 1100769 (S.D.N.Y. March 18, 2013).
- Lead attorney representing water utility in putative class action that raised claims based on an alleged interruption in water service. Obtained summary-judgment dismissal of all claims and argued before the Appellate Division, which affirmed the dismissal in its entirety. Rogers v. United Water New Jersey Inc., 2005 WL 2847794 (N.J. App. Div. Nov. 1, 2005).
- Lead attorney representing national retailer in putative class action asserting claims based on the alleged improper collection of New Jersey Sales and Use Tax. Obtained dismissal of all claims.
- Lead attorney representing financial services company in putative class action asserting claims based on allegedly improper posting of payments. Obtained dismissal of all claims.Jaffe v. Capital One Bank, 2010 U.S. Dist. LEXIS 18117 (S.D.N.Y. March 1, 2010).
- Lead attorney representing financial services company in putative nationwide class action in the United States District Court for the District of New Jersey asserting claims based on alleged failures to honor settlements relating to credit card debt. Obtained prompt dismissal of action.
• Banking, Financial Services, and Insurance
- Lead attorney representing a bank in matter arising out of a stock purchase agreement in which plaintiffs alleged that bank negligently and fraudulently prepared a pay-off letter related to the underlying transaction. Obtained summary-judgment dismissal of all claims and argued before the Appellate Division, J.A.O. Acquisition Company v. First Union National Bank, 23 A.D. 3d 200, 803 N.Y.S. 2d 527 (1st Dept. 2005), and the Court of Appeals, 8 N.Y. 3d 144, 831 N.Y.S. 2d 364 (2007), both of which affirmed the trial court's dismissal in its entirety.
- Lead attorney representing bank in Eastern District of New York action alleging claims arising from a Ponzi scheme.
- Lead attorney representing financial institution in fraudulent transfer action arising from a Ponzi scheme.
- Trial attorney in bankruptcy preference action in which bankruptcy trustee sought recovery of over $17 million from client bank in connection with a check-kiting scheme. After trial, the Court entered judgment in favor of bank. Pereira v. Summit Bank, 2001 WL 563730, 44 UCC Rep. Serv. 2d 806 (S.D.N.Y. 2001).
- Lead attorney for banks and credit card companies in matters involving check and payment frauds, including matters involving fictitious payees and defalcating employees and fiduciaries. Obtained dismissal of numerous actions, including action arising from alleged fraud perpetrated by executive of a publicly traded company that sought recovery of approximately $20 million.
- Lead attorney representing financial services company in putative class action asserting claims under state consumer protection statutes based on allegedly improper disclosure of personal information in collections lawsuits. Obtained prompt dismissal of all claims.
- Lead attorney representing insurance and financial services companies in matters concerning an accidental disability insurance product, including claims relating to the advertising and promotion of the product.
- Obtained jury verdict on behalf of plaintiff in action alleging insurance broker failed to procure policy with adequate coverage. After the Appellate Division reversed, petitioned the New Jersey Supreme Court to take the case and argued before the Supreme Court, which reinstated the jury verdict. Aden v. Fortsh, 169 N.J. 64 (2001).
- Prosecuted expedited preliminary injunction application in Southern District of New York seeking information and documents in commercial dispute relating to insurance program. After initial hearing before the Court, defendant agreed to provide client with all of the documents and information it was seeking and thereafter the matter was resolved.
• Intellectual Property
- Lead attorney in matter involving breach of contract and misappropriation of trade secret claims. Defeated motion for a preliminary injunction, EchoMail v. American Express Co., 378 F. Supp. 2d 1 (D. Mass. 2005), and obtained summary judgment on replevin claim seeking the return of electronic information, 445 F. Supp. 2d 87 (D. Mass. 2006).
- Lead attorney representing plaintiffs in trademark infringement matter in Southern District of New York. Obtained permanent injunction that shut down web-site containing infringing materials.
- Lead attorney in defending financial services company in multi-million dollar claim alleging a breach of a computer software agreement. Addressed various complex contract-related issues and negotiated expeditious settlement of the matter.
- Lead attorney representing companies in several matters involving a consultant's allegedly improper removal and use of confidential and proprietary information.
- Lead attorney representing a financial services company in multi-million dollar litigation with a former consultant involving contract and Copyright Act claims. Obtained summary judgment dismissing all claims in their entirety, which was affirmed on appeal. The Capability Group, Inc. v. American Express Travel Related Services Company, Inc., 706 F. Supp. 2d 146 (D. Mass. 2010), aff'd, 658 F. 3d 75 (1st Cir. 2011).
• Other Complex Matters
- Representing financial services companies in lawsuits challenging amendments to New Jersey's unclaimed property laws addressing travelers cheques and gift cards. American Express Travel Related Services Company, Inc. v. Sidamon-Eristoff, 755 F. Supp. 2d 556 (D.N.J. 2010), aff'd, 669 F. 3d 359 (3d Cir. 2012) and 669 F. 3d 374 (3d Cir. 2012).
- Lead attorney representing telecommunications carrier in New Jersey Superior Court litigation involving breach of contract and fraud claims and counterclaims. After trial, all claims against client were dismissed and obtained judgment of approximately $2.1 million.
- Defended English manufacturer of construction-related equipment in various product-liability claims brought throughout the United States. Obtained several dismissals based on the absence of personal jurisdiction, which were affirmed on appeal. Landers v. Dawson Construction Plant, Ltd., 1999 U.S. App. Lexis 28474 (4th Cir.) and 250 F. 3d 738 (5th Cir.), cert.denied, 122 S. Ct. 42 (2001).
- Counsel to Independent Advisor of a major public company retained to conduct a review of the implementation and effectiveness of the internal controls, financial reporting, disclosure, planning, budget and projection processes and related compliance functions of the company.
- Lead attorney representing creditor in contested involuntary bankruptcy proceeding. In re VoiceSmart, 1998 WL 34064627 (Bankr. D.N.J. June 8, 1998), aff'd, 1998 WL 34064618 (D.N.J. Oct. 30, 1998).
- Lead attorney representing travel agency in state and federal court actions seeking recovery based on alleged injuries sustained over-seas. Obtained prompt dismissal of several actions, including Abramson v. Ritz-Carlton Hotel Company LLC, 2010 WL 3943666 (D.N.J. Oct. 6, 2010).
• Honorable Gary S. Stein, New Jersey Supreme Court, 1994-95 Term
Publications & Presentations
Articles, Lectures & Publication s
• Mentioned, "The Best Blend of Practices: Greenberg Traurig Puts its Collective Brainpower to Work in New Jersey," New Jersey Law Journal, April 1, 2013
• Author," Enforcing Class Action Settlements," 194 New Jersey Law Journal 814, 2008
• Author, "Grounds for Judicial Review of Arbitration Awards in the FAA Are Exclusive," 192 New Jersey Law Journal 566, 2008
• Author, "Controlling the Docket: Appellate Division Gets Tough on Unauthorized Interlocutory Appeals," 191 New Jersey Law Journal 754, 2008
• Author, "Relief for the Drafter: Supreme Court Significantly Limits the Doctrine of Contra Proferentem," 189 New Jersey Law Journal 440, 2007
• Author, "Firing the First Shot: Filing Summary Judgment Before the End of Discovery Gives the Other Side Reciprocal Rights," 188 New Jersey Law Journal 554, 2007
• Author, "A Law Clerk's Tribute to Justice Gary S. Stein," 32 Seton Hall L. Rev. 727, 2003
• Panelist, "Prevailing Trends in Class Action Litigation," New Jersey Institute for Continuing Legal Education, December 18, 2012
Member: The Association of the Federal Bar of the State of New Jersey; New Jersey State Bar Association (Member, Class Actions Committee); Morris County Bar Association; Bar Association of the Third Federal Circuit; American Bar Association (Co-chair, Banking and Lender Liability Litigation Subcommittee).
Professional & Community Involvement
•Member, The Association of the Federal Bar of the State of New Jersey
•Member, New Jersey State Bar Association
•Member, Class Actions Committee
•Member, Morris County Bar Association
•Member, Bar Association of the Third Federal Circuit
•Member, American Bar Association
•Former Co-chair, Banking and Lender Liability Litigation Subcommittee
•fellow, Litigation Counsel of America
•Former Member, The Justice Morris Pashman American Inn of Court
You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.