Our Practice Areas

Areas of Recognized Proficiency.

Intellectual Property & Trade Secret Litigation

Walsh’s intellectual property practice provides clients innovative and economical strategies for protecting, exploiting, and enforcing intellectual property rights. Our attorneys have a stellar reputation working on behalf of major corporations and individuals alike in matters of trademark, copyright, trade secret, trade dress, and unfair competition. We also counsel clients on best practices and responsive strategies in connection with their acquisition and use of intellectual property.

 

Acting as litigation counsel, Walsh attorneys are sought after for their ability to assist patent counsel and the client prepare patent cases for trial. Our intellectual property litigators have achieved multi-billion dollar settlements for pharmaceutical companies, successfully achieved landmark decision on e-discovery, and won important temporary and preliminary injunctions. As part of the International Association of Defense Counsel (IADC) network, the Walsh Firm also has access to top-flight local counsel across the country, ensuring that your case will be addressed by the most capable and expert team possible.

Class Action Defense

A class action can threaten not only a company’s business and workflow, but its very reputation, too. At Walsh, our attorneys understand the stress class actions can cause and know that a timely, cost-efficient resolution to the matter is what matters most to our clients. Walsh attorneys are therefore vigorous and thorough at every stage, from initial investigation to trial and appeal. Whether the goal is outright early dismissal before discovery, denial of class certification, or a settlement that minimizes time, cost and disruption, our attorneys are adaptable in developing a strategy that fits the circumstances of the case and, importantly, allows the client to define success as they see it.

 

Walsh has a stellar record defending the interests of our clients in putative class actions across a breadth of subject matter: RICO, ERISA, unfair business practices, products liability, financial services, antitrust, labor and employment, the New Jersey Consumer Fraud Act, and others. We have deep experience at both the federal and state level, and regularly act as contributing and coordinating counsel in nationwide class actions and multi-district litigation. Recent successes include a summary judgment ruling dismissing a purported class action regarding our client’s portion sizing. Walsh lawyers also successfully defended a co-conspirator in a RICO business-to-business class action involving the pricing practices of the nation’s largest food distribution firm, agreeing to a $299 million settlement with no contribution by the client. The firm is also experienced website accessibility issues as well as claims under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) as applied recently to e-commerce website terms and conditions, both of which have become frequent subjects of putative class actions.

Labor & Employment

Our labor and employment team offers clients a comprehensive range of legal services, from pro-active, strategic counseling to aggressive litigation defense. We focus on in representing employers and managers, including privately owned businesses, respected international corporations, non-profits, and institutions of higher education, and are comfortable handling matters that transverse a wide range of industries: pharmaceuticals, finance services, computer technology, cosmetics, industrial equipment, and food service. In this constantly evolving field of law, our attorneys are equally confident handling cutting-edge privacy and technology-related issues—including the Computer Fraud and Abuse Act and illicit computer usage at the workplace—as they are traditional labor matters—including NLRB proceedings, union elections, collective bargaining negotiations, labor arbitrations, strike misconduct, and unfair labor practice charges.

 

Of course, Walsh recognizes that what matters most to employers is often prevention. In that regard, we provide an array of strategic counseling services to ensure our clients’ legal compliance on a wide range of personnel and benefit issues and reduce the risks of litigation. We help management craft employee policies and handbooks and offer practical and cost-effective employment law training, tailored to the industry and workforce. When allegations of wrongdoing arise, our attorneys are pro-active and sensitive to both the potential disruption litigation may cause and to our clients’ desire to manage defense costs. In the crisis management stage, we regularly conduct thorough fact-finding investigations for employers faced with workplace complaints or government investigation. When litigation is necessary, our attorneys aggressively advocate for our clients before state and federal courts and administrative agencies, including the EEOC, the New Jersey Division on Civil Rights, the New York State Division of Human Rights and the New York City Commission on Human Rights. Few firms can match our decades of experience successfully litigating and trying to jury verdict cases involving claims of wrongful discharge, breach of employment contracts, restrictive covenants and trade secrets, alleged discrimination, harassment and retaliation, and whistle blower statutes.

Internal Investigations

When your company faces workplace complaints or regulatory investigations, proactive crisis management is what matters most. Our attorneys have extensive experience conducting internal investigations on behalf of some of the largest public and private corporations in the world, as well as for numerous institutions of higher education. In every investigation, our attorneys prioritize both thoroughness and discretion, always with an aim to provide management a comprehensive understanding of what has occurred and an assessment of their options for responding. Walsh attorneys regularly lead investigations into such issues as sexual harassment and employee misconduct, as well as more arcane, complex matters, including corruption in the workplace, whistleblower allegations under Sarbanes-Oxley Act (SOX) and Dodd-Frank Act (DFA), and governmental investigations. In addition, Walsh attorneys act as independent Title IX investigators for institutions of higher education, investigating highly sensitive student complaints pertaining to sexual assault, stalking, and gender-based discrimination and harassment in the educational context.

Cyber Security & Data Protection

Today’s corporations, employers, and other holders of consumer data face a new world of legal, regulatory, and financial liability associated with the threat of data breach. Led by a partner equipped with the Certified Information Privacy Professional/US designation—the gold standard for privacy expertise administered by the IAPP—Walsh is ready to help clients navigate the dynamic and constantly evolving challenges of cyber security and data protection at every stage. Our attorneys assist clients in the preparation of terms and conditions for web-based businesses and mobile apps, including e-commerce as well as gaming apps.  We also advise clients on breach preparedness, strategize and manage crisis response in the event a breach occurs, and aggressively defend class action litigation or regulatory enforcement issues that may arise in the aftermath. We also handle matters at the intersection of data and privacy and other fields of law, such as employment and the protection of corporate intellectual property, trade secrets and other proprietary information. Our attorneys have helped clients enforce the provisions of the Computer Fraud and Abuse Act, unmask anonymous Internet wrongdoers, and defend claims arising out of criminal computer usage in the workplace. Our attorneys are established in the field, regularly speaking and writing on cutting-edge technology issues, such as privacy and cyber security, content piracy, and e-discovery.

Alternative Dispute Resolution

The growing use of Alternative Dispute Resolution (ADR) techniques underlines that avoiding costly and time-consuming litigation is often what matters most to all sides of a dispute. That is why our ADR attorneys employ a range of alternative techniques for resolving disputes in a quick and cost-efficient manner. Our ADR team possesses decades of experience, both as attorneys and judges, in arbitration—whereby independent arbitrators adjudicate a dispute—and mediation—where a single independent mediator facilitates discussion and negotiation. Our practice is headed by Hon. Joel A. Pisano (ret.) formerly the United States District Court, District of New Jersey, who calls upon his experience in the efficient management of thousands of federal civil and criminal cases to skillfully bring disputes to resolution.

Appeals

In cases where a lower or trial court has already made its decision, finding the right attorneys to frame new arguments and pinpoint issues for further review can make the critical difference. Walsh’s appellate attorneys have experience strategizing new approaches to complex matters, both when the firm has represented the client below or when diving into a case initially in the appellate stage. Walsh attorneys have successfully argued seminal cases on such diverse topics as the Third Circuit’s rules on exclusionary contracting under federal antitrust law, various issues under New York commercial law, First Amendment religious liberty at colleges and universities, the equalization of foreign judgments to account for currency fluctuations, New Jersey’s Construction Lien Law, and the scope of litigation privilege. In an appeal before the Second Circuit Court of Appeals, Walsh appellate lawyers recently preserved the defeat of a $12 million claim arising out of an international construction project.  The firm’s attorneys are admitted to practice before an array of federal and state appellate courts.