When it comes to complex commercial disputes, there is almost nothing Walsh attorneys have not previously encountered. Our versatile team of litigators has represented some of the country’s largest and most prestigious companies across a broad range of industries: consumer products, healthcare and pharmaceutical, technology, financial services, construction, and more. We are equally proficient prosecuting and defending complex and multi-party litigation, and are sought after for our expertise in a multitude of subject areas, including intellectual property, antitrust, breach of contract, shareholder oppression, unfair competition, fraudulent business practices, ERISA, RICO, business torts, products liability, and class action defense.
Our philosophy is to formulate our response around what matters most to the client. In every case, that includes minimizing time, cost and disruption. We find that the most economical strategy begins before a dispute even arises, and are therefore eager to provide individualized counsel to management on strategies to avoid litigation and minimize litigation risk. When a dispute does emerge, our priority is always to resolve the matter early, including through alternative dispute resolution techniques such as mediation and arbitration. Litigation is sometimes unavoidable, however, and in such circumstances we take an aggressive approach on behalf of our clients. Our track record speaks for itself: our litigators have successfully settled or tried innumerable cases in state, federal, and appellate courts as well as in a variety of arbitration tribunals.
Walsh attorneys hold prestigious distinctions in the litigation arena, including several designated Best Lawyers ─ Intellectual Property, Class Actions and Commercial Litigation, and the Certified Civil Trial Lawyer designation administered by the Supreme Court of New Jersey. Though we are a regional law firm, our membership in select national and international consortia of litigation counsel also gives clients access to top-flight lawyers across the entire country to assist us as local counsel ─ ensuring that the case is handled by the lawyers with whom the client is most comfortable.
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.
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.
The financial services landscape is in constant flux. New laws, regulations and administrative oversight require continuous monitoring and understanding, and impact both transactional services as well as litigation risk. Managing risk requires a regular review of best practices to ensure proper protocol and procedures are implemented at all times. Businesses seeking legal counsel in the areas of financial services and risk management expect personalized advice and recommendations from attorneys with knowledge of, and experience within, the existing legal framework, coupled with the ability to obtain results in a practical, cost-effective manner. Walsh’s attorneys offer just that, delivering our clients what matters most.
Our attorneys possess a broad range of transactional and litigation experience, which allows us to offer clients a comprehensive suite of legal services in the areas of corporate transactions and asset sales, commercial lending, commercial law, bankruptcy and financial restructuring, insolvency, creditors’ rights, fiduciary services and credit risk management.
Walsh’s transactional practice within the financial services space includes, among other things, negotiating and drafting loan documents and other complex financial instruments, perfecting liens, advising buyers and sellers in the purchase and sale of assets and providing counsel in connection with all UCC-related issues, such as secured transactions, letters of credit, negotiable instruments, documents of title and warehousemen’s liens.
When litigation is necessary, our attorneys offer clients extensive in-court experience, having successfully represented all types of business entities, financial institutions and individuals in a wide range of complex commercial litigation matters throughout New Jersey and New York, at both the state and federal level, from trial through appeal. Our team also regularly represents clients in connection with bankruptcy litigation and contested matters, commercial loan workouts, foreclosure and debt-instrument litigation, tax sale foreclosures, judgment enforcement and other insolvency-related matters.
Our attorneys have equal experience representing debtors and creditors in both bankruptcy liquidations and restructurings, and serve as national bankruptcy counsel to a number of domestic and foreign corporations. Our team includes former law clerks with the United States Bankruptcy Court, further contributing to our ability to provide the firm’s clients with dynamic and pragmatic bankruptcy counseling and solutions.
Walsh’s financial services and risk management attorneys are also engaged by clients to undertake a thorough review of their business forms, purchase orders, invoices, long and short-term contracts and deal terms to ensure best practices under the Uniform Commercial Code, and to provide guidance with compliance-related issues, including with respect to the Fair Debt Collection Practices Act, Fair Credit Reporting Act and related state statutes, escheat laws and other laws and regulations.
Our number and the representative experience of our attorneys allows us to offer clients unique, personalized and cost-effective legal services to accommodate virtually every need in the commercial lending, asset disposition, commercial law, distressed debt and insolvency-related spaces. Walsh’s attorneys routinely collaborate among our firm’s practice groups to provide clients with access to other lawyers with experience in class-action defense, litigation, labor and employment, intellectual property and other specialized areas in an inter-disciplinary approach to provide guidance and solutions to any financial services or risk management issue that may arise.
Among others, Walsh’s financial services and risk management team provides legal counseling in connection with the following practice areas:
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.
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.
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 privacy 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.
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.
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.
Walsh’s Insurance practice encompasses a broad scope of services that the firm’s team of experienced lawyers provides to its clients. The firm’s insurance work involves insurance and health care regulatory and enforcement advice, insurance coverage disputes and counseling, and related defense work. Our clients include insurance companies, self-insureds, reinsurers and other industry stakeholders.
Handling a variety of insurance and reinsurance matters from the straightforward to the complex, Walsh’s attorneys have litigated insurance matters which have spanned a multitude of industries and professional services. This includes products liability, medical, legal and dental malpractice, construction litigation, automobile litigation, fire and theft loses, insurance coverage and policy interpretation, subrogation recovery, and all forms of general liability.
Our attorneys understand the business and governmental issues as well as the legal concerns that define the insurance arena. In addition to the diverse experiences of the attorneys in the practice area, the chair of the department is the former Commissioner of the Department of Banking and Insurance for the state of New Jersey. This enables our attorneys to provide regulatory, compliance, transactional and litigation services to our clients. Walsh lawyers will work diligently to find what matters most to our clients and the most efficient solution to attain that goal, in a complex and multifaceted area of the law.
In a business environment facing increasing levels of government regulation, Walsh helps clients take advantage of opportunities, pursue avenues for regulatory change, and resolve difficult disputes.
In the area of insurance law, for example, Walsh counsels clients in interactions with state regulators, counting among its professionals the former Director of New Jersey Department of Banking and Insurance with deep experience in all phases of insurance.
Walsh plays an active role in other areas of government regulation and administrative law. Much has been written about the potential for change in the regulation of marijuana and other controlled substances in New Jersey and neighboring states. Walsh successfully represented a plaintiff challenging New Jersey’s regulation of marijuana, urging the Director of Consumer Affairs to remove and reclassify marijuana from the list of Schedule I drugs (the most dangerous). The New Jersey appellate court’s decision mandated that the executive branch consider rescheduling marijuana given the evidence of its accepted uses in medical treatment. Walsh lawyers have been frequently quoted in the media in connection with these developments (Forbes.com, New Jersey Law Journal, and NJ.com).
As these examples illustrate, Walsh remains in the forefront on regulatory and public policy matters, pressing for reform with relevant executive departments and representing clients with disputes before administrative agencies. As in other areas of practice, Walsh lawyers understand what matters most about administrative law and the effects of regulatory change on other areas of practice, such as corporate and business organizations, banking and financial services, and business litigation.