Litigation

Porzio Principal Bill Hughes Featured in Shore News Today Article

4/20/2017| News

Porzio principal William (Bill) J. Hughes, Jr. was featured in the Shore News Today article, "For Bill Hughes Jr. Catching Up with a Friend Took Him to the Rose Garden," by Suzanne Marino, on April 19, 2017.

The article focused on Bill's friendship with newly appointed U.S. Supreme Court Justice Neil Gorsuch, and his attendance at Gorsuch's swearing-in ceremony on April 8. In describing the ceremony, which also was his first day as a principal with Porzio, Bill stated, "It truly was an awesome experience to be invited and I will take that experience with me for the rest of my time.”

To read the full article, please click here.

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William Hughes, Jr. Joins Porzio; Attends Swearing-in of Justice Gorsuch

4/10/2017| News

Effective Saturday, April 8, 2017, William (Bill) J. Hughes, Jr. has joined the law firm of Porzio, Bromberg & Newman, P.C. (Porzio) as a Principal. Coincidentally, on his first day on the job at Porzio, Mr. Hughes will be attending the swearing in of his high school friend, Judge Neil Gorsuch, as an Associate Justice of the United States Supreme Court.

“Today I am excited to be a part of two transitions,” said Mr. Hughes. “Not only am I honored to witness my good friend Neil Gorsuch become a member of our nation’s highest court, but I am also thrilled to be joining the preeminent Porzio, Bromberg & Newman law firm. Renowned for being a leader in litigation, Porzio prides itself on exceptional service to its clients, and provides nothing less. I look forward to joining my new colleagues and expanding Porzio’s brand into South Jersey.”

“When taking on the role of Porzio’s Managing Principal last month, my first goal was to bring new and seasoned talent to our team. With Bill joining Porzio, I know we are acquiring one of New Jersey’s best attorneys,” said Vito A. Gagliardi, Jr., Porzio’s Managing Principal. “Bill has a diverse practice focused on federal white collar investigations, criminal defense, and complex commercial litigation in the areas of cybersecurity, antitrust, fraud, and shareholder disputes. In addition to his impressive professional experience, Bill brings with him an incredible network and provides a formidable entry into the South Jersey legal community. For many years, Porzio has been looking to add a white-collar criminal practice, and Bill brings us that and more.”

Mr. Hughes most recently served as a partner at Cooper Levenson in their Atlantic City office. He is the first attorney to ever be awarded a restraining order against a federal agency. In October, a judge ordered federal agents from the National Oceanic and Atmospheric Administration (NOAA) to cease contact with two government’s confidential informants, who say they were threatened by federal agents with losing their rare horseshoe crab harvesting permit if they did not cooperate with the government’s investigation. Mr. Hughes was defending a Lower Township tuna fisherman. 

Mr. Hughes also has experience as an Assistant U.S. Attorney in Camden, where he prosecuted cases from tax and white-collar fraud to international drug smuggling. Mr. Hughes’s resume includes a stint as a trial attorney with the U.S. Department of Justice, Antitrust Division working on high-profile cases such as United States v. Microsoft, U.S. v. NASDAQ Market Makers, and U.S. v. Moody's Rating Services. Mr. Hughes clerked for the Honorable John F. Gerry, Chief Judge for the District Court of New Jersey and Chairman of the Executive Committee for the United States Judicial Conference. In 2014, Mr. Hughes ran for Congress in NJ-2, a seat previously held by his father.

Mr. Hughes holds a LL.M. in Taxation from Georgetown University Law Center and a J.D. from Rutgers University Law School – Camden, a M.A. from the Eagleton Institute of Politics and Public Policy at Rutgers University, and a B.A. from Franklin & Marshall College. He is a member of the New Jersey, Pennsylvania and Washington, DC bars. Hughes is a resident of Northfield, New Jersey. 

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Porzio Welcomes Associate Rahil Darbar to the Litigation Team

12/12/2016| News

Porzio is pleased to welcome associate Rahil Darbar to the Litigation Team.

Rahil focuses on commercial, construction defect and personal injury litigation. He has defended depositions and argued discovery and dispositive motions in New Jersey Superior Courts, New York Supreme Courts, and Federal District Courts. Clients have ranged from the banking, telecommunications, hotel and healthcare industries, and from a Fortune 500 company to individuals.

Rahil received his J.D. from Seton Hall University School of Law in 2010 and his Bachelor of Arts degree in Psychology and History from Lehigh University in 2007. He is fluent in Gujarati and Hindi.

NJ Supreme Court Releases Opinion in Favor of Porzio's Argument on Behalf of the NJ State Bar Association

6/23/2016| News

On June 23, 2016, the New Jersey Supreme Court released its opinion in Mortgage Grader, Inc. v. Ward & Olivo, siding with the arguments advanced by Porzio counsel, Peter J. Gallagher, on behalf of the New Jersey State Bar Association (NJSBA), who appeared as amicus curiae

The question on appeal was whether a partner in a law firm practicing as an LLP loses the liability protections normally afforded to partners in LLPs if the LLP fails to maintain professional liability insurance as required under Rule 1:21-1C(a)(3). During his oral argument, Mr. Gallagher asserted that, “there's no scenario under the Uniform Partnership Act, or even the spirit of it, that would allow for what the trial court did here.” For video of the oral arguments, click here. (Mr. Gallagher's argument begins at minute 53.) 

In its decision, the Court agreed, holding that the insurance requirement for LLPs under the Court Rules does not extend to a firm's windup period, and that there is no requirement that an LLP purchase tail insurance once it ceases to do business. The Court also agreed that the trial court did not have the authority to convert an LLP to a general partnership. 

Justice Albin dissented, suggesting that the Court Rules be amended to put attorneys on notice that an LLP will lose its liability protection if its does not meet the insurance requirements, and requiring LLPs to purchase tail insurance for six years following their dissolution. 

To read the full Court opinion, please click here

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Porzio Litigation Team Helps Erase $9 Million Dollar Damages Verdict

3/9/2016| News

An eight year-old lawsuit, carrying a potential $9 million damages verdict against New Jersey State Police and South Jersey Transportation Authority, has been dismissed on summary judgment.  

On January 19, 2015, in Henebema v. South Jersey Transportation Authority, et al., Docket No. ATL-L-964-07, Eli S. Scheiman of Porzio, Bromberg & Newman, P.C. ("Porzio"), along with attorneys from Gass Weber Mullins LLC in Milwaukee, Wisconsin, and Blank Rome LLP in Philadelphia, Pennsylvania, successfully obtained summary judgment dismissing a lawsuit against two public entity defendants, South Jersey Transportation Authority and New Jersey State Police, along with a $9 million damages verdict.

The Porzio team was led by attorney Eli S. Scheiman, counsel, with assistance from Justice James H. Coleman, Jr. and Judge Maurice J. Gallipoli, both Of Counsel to Porzio.

To learn more about the case, please click here.

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NJ Federal Judge Rules in Favor of Porzio Client Indian Harbor Insurance Co.

7/6/2016| News

On June 30, 2016, U.S. District Judge Michael A. Shipp issued a ruling in Indian Harbor Insurance Company v. NL Environmental Management Services Inc., et al., finding that Porzio client Indian Harbor Insurance Co. (Indian Harbor) has no obligation to defend lead pigment maker NL Environmental Management Services Inc. (nor NL Industries Inc.) in a suit over river contamination. Judge Shipp concluded that failure of the insurance policy to exclude the company was clearly a genuine mistake. Indian Harbor is represented by Porzio principal Charles J. Stoia.

Indian Harbor sought a declaratory judgment denying coverage of NL Environmental Management Services Inc. and NL Industries Inc. for a contamination suit brought by Raritan Baykeeper. 

Judge Shipp agreed with Indian Harbor's argument, stating in his order that “solely listing ‘NL Industries’ or ‘NL Industries Inc.’ as excluded from coverage … was merely scrivener’s error and because of this mistake, the writing does not accurately reflect the parties' agreement and should be reformed to also include exclusions as to NL Environmental." 

The case was recently covered by Brandon Lowrey in the Law360 article, "Insurer Ducks Pollution Coverage Citing 'Scrivener's Error'." Law360 is a subscription website. Subscribers can read the full article here.

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Porzio Counsel Peter Gallagher Mentioned in New Jersey Law Journal for Representation of NJSBA

7/5/2016| News

Porzio counsel Peter J. Gallagher was mentioned in the New Jersey Law Journal article, "Malpractice Insurance Not Required During Windup of LLCs; No Automatic Conversion Says Supreme Court," regarding his work in Mortgage Grader, Inc. v. Ward & Olivo. Mr. Gallagher appeared on behalf of the New Jersey State Bar Association (NJSBA) as amicus curiae in the case, and also authored the brief. 

On June 23, 2016, the New Jersey Supreme Court released its opinion in Mortgage, siding with Mr. Gallagher's arguments on behalf of the NJSBA. 

To learn more about the case, please see the article, "NJ Supreme Court Releases Opinion in Favor of Porzio's Argument on Behalf of the NJ State Bar Association." 

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Principal Charles J. Stoia Named Secretary of the New Jersey State Bar Foundation

5/10/2016| News

Porzio principal Charles J. Stoia has been named Secretary of the New Jersey State Bar Foundation. 

For almost 30 years, Mr. Stoia has represented litigants in commercial, insurance and environmental matters in the state and federal courts of New Jersey and New York. A New Jersey Certified Civil Trial Lawyer, he is recognized by Best Lawyers in America for commercial litigation and by New Jersey Super Lawyers annually since 2009.

Mr. Stoia has been a New Jersey State Bar Association member since 1988 and formerly served on the Association's Board of Trustees as well as Chair of the Young Lawyers Division. He is also an active member of the Morris County Bar Association and the American Bar Association, where he currently serves as Chair of the Tort and Insurance Practice Section's Self-Insurers and Risk Managers Committee. 

The New Jersey State Bar Foundation is dedicated to promoting law-related education and giving all New Jersey residents a basic understanding of the legal system. For more information on this organization, please visit www.njsbf.org.

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Porzio Litigation Team Welcomes Associate David L. Disler

6/27/2016| News

Porzio's Litigation Practice Group is proud to welcome associate David L. Disler, who concentrates his practice in the areas of employment and education law. 

David's practice focuses on the representation of boards of education, advising clients on issues including: compliance with applicable state and federal statutes and regulations; employment related matters; tenure issues; grievances; construction concerns; healthcare and benefits; and labor relations. He investigates and advises on allegations of discrimination, harassment, retaliation, and breaches of the collective negotiations agreement. David has experience litigating matters in both state and federal courts, 

Prior to joining Porzio, David served as a judicial law clerk to the Honorable Frances A. McGrogan, Superior Court of New Jersey.  Most recently he was an associate in the education law practice of a New Jersey law firm.

David earned his Juris Doctor from Brooklyn Law School in Brooklyn, NY. He earned Bachelor of Arts degrees in both Political Science and Science, Technology & Society from Lehigh University in Bethlehem, PA, where he graduated magna cum laude. 

Porzio's Litigation Practice Profiled by New Jersey Law Journal

11/15/2016| News

Porzio's Litigation practice is profiled in the New Jersey Law Journal article, "Even After 'Metamorphosis,' Litigation Still Central to Porzio," by David Gialanella. 

The article focuses on the team's evolution from primarily asbestos litigators to that of a diverse and more robust department.

Diane F. Averell and Vito A. Gagliardi, Jr. co-chair Porzio's Litigation Department. According to Mr. Gagliardi, "The metamorphosis has been, even when the firm was riding the crest of asbestos defense work, the leaders of the firm were astute enough to diversify." The expansion of several practice areas, including bankruptcy, education law, intellectual property and real estate, added to the firm's portfolio while still keeping litigation at its core. 

Although clients tend to want to avoid litigation, Mr. Gagliardi points out that having a team with substantial litigation experience is even more valuable. "The experience you have as a litigator makes you a better lawyer for counseling your clients. You're better at it, because you've seen the way things can go wrong."

The full article was published by the New Jersey Law Journal. Subscribers may read the full article here.