Represented a Wisconsin municipality in a complex case involving claims of theft of source code for police department management software. The case included claims that the client violated both federal and state computer theft statutes, breach of confidentiality clauses and conspiracy. The case settled for an amount equal to anticipated attorney’s fees on the eve of trial.
Represented limited partners of a failed real estate development in complex, multiparty litigation against the general partner and its law firms for failure to advise of material changes in the development’s financing. The result was full recovery of clients’ investments and counsel fees after 10 week trial.
Represented farm family owners of a national recognized dairy herd in a product liability action against a feed manufacturer for the sale of adulterated cattle feed that caused the death of cattle or a debilitating immune system deficiency syndrome in the surviving cows. The case presented novel issues of bovine digestive processes, toxicology, immunology and economic damages relating to diminished breeding pedigrees of surviving cattle.
Represented municipal police officer in disability employment discrimination case arising from police officer’s dismissal following temporary leave for treatment of emotional issues. The case was litigated over four years and involved two successful appeals to the Appellate Division and related actions in three different forums. The municipal employer retained four different law firms before the case settled before trial. The client was reinstated, obtained back wages and benefits and counsel fees.
Represented law firm seeking reasonable compensation for assigned representation of indigent defendants in municipal court cases. Argued matter before the New Jersey Supreme Court which created a statewide system of requiring all New Jersey attorneys to provide mandatory pro bono services. Madden v. Delran, 126 N.J. 591 (1992).
Represented manufacturer of structural steel protection system in breach of warranty and consumer fraud action brought by condominium association that claimed that the client and general contractor were liable for $28 M in damages. The case was complicated by a dispute with the client’s liability carrier over coverage for the claim. Began representation 60 days before trial and after two weeks of trial the case settled within policy limits, with the carrier paying the bulk of the settlement.
Represented individual business owner facing personal liability a trustee of bankrupt employee benefit trust for $10 Million in unpaid medical and hospital benefits. The central issue in the case was the extent of insurance coverage available under two policies issued to the trustees. Although some of the State’s largest firms were involved in the case for the trust and other trustees, none had taken action against the insurance carrier. Tom immediately demanded that the insurance company provide separate counsel for the client and instituted a declaratory judgment action against the insurer on disputed policy. The case settled within policy limits 60 days of beginning the representation at a cost of $6,000.00 in counsel fees to client.
Successfully represented corporate officer in criminal prosecution alleging conspiracy and environmental law violations after four month jury trial. Represented lead municipal defendant in bi-lateral class action seeking recovery for municipal court discovery fees that allegedly violated the Open Public Records Act and federal and state constitutional provisions. Complaint was dismissed by the trial court which was affirmed by the Appellate Division.
Successfully represented minority shareholders in oppression lawsuit in which the major shareholder unilaterally negotiated an assignment of corporate debt to a third party company owned by him and then attempted to “freeze out” minority by imposing oppressive loan terms on the company in order to force a default. The matter was tried and the judgment in favor of the clients included substantial counsel fees as permitted by New Jersey’s corporation statute.
Represented law firm in a reported New Jersey Supreme Court decision, Atalese U.S. Legal Services Group, 219 N.J. 430 (2014) involving the issue of arbitration of consumer contracts.