Common Ethics Issues Jointly Addressed by In ... - Duane Morris LLP

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Debt Restructuring and Commercial Foreclosure of Real and Personal Property. Representslenders in commercial foreclosures of real and personal property as well as the restructuring of baddebt. He is currently handling the foreclosure of a defaulted $65 million debt on a mixed-use projectin New Jersey. He also represents a client that holds in excess of $100 million in securitized seniornotes that are in default. He is pursuing litigation and structuring workouts in numerous states tocollect on the collateral securing the senior notes.Directors and Officers Litigation. Represents officers and directors of public and privatecorporations against claims filed by shareholders, including breach of fiduciary duty and fraudclaims. Recently, he successfully defended officers and directors at trial in a New Jerseybankruptcy court.Fiduciary Litigation – Federal Court. Obtained summary judgment on behalf of bank serving as adepository agent under the Federal Aviation Act. The case involved novel issues of whether aprivate right of action exists under the FAA, and, if not, whether state law claims could nonethelessbe sustained. Synovus Bank v. Valley National Bank, 487 F. Supp. 360 (S.D.N.Y 2007).Bank Syndication Litigation – Federal Court. Representing agent bank in lending syndication inaction where bank group member sought $10MM in damages alleging breach of contract andbreach of fiduciary duty. Obtained summary judgment on behalf of the agent bank.LBO Fraudulent Transfer Litigation – Bankruptcy Court. Represented a bankruptcy trustee inaction to set aside a creditor's lien on the debtor's assets obtained when the creditor funded aleveraged buyout.Fidelity Bond Litigation – Federal Court. Represented fidelity bond carrier in an action thatresulted in one of the seminal cases dealing with fidelity bond interpretation. Resolution Trust Corp.v. Fidelity and Deposit Co. of Maryland, 205 F.3d 615 (3d Cir. 2000).Jury Trial. Successfully represented a corporate plaintiff in breach of contract claim tried before ajury over five days, resulting in a $2.4 million verdict.Shareholder Disputes. Represents shareholders of closely held corporations in disputes filedunder the Minority Shareholder Oppression Act.Consumer Litigation. Represented defendants in class action and individual suits allegingviolations of federal and state consumer laws, including TILA, HOEPA, RESPA and stateconsumer protection laws.Insurance Litigation. Obtained decision on behalf of an insurer affirming summary judgmentdismissal of Arthur Andersen's claim seeking coverage under an all-risk commercial propertyinsurance policy for $204 million in business losses that allegedly resulted from property damage tothe World Trade Center and Pentagon on 9/11. Arthur Andersen LLP v. Federal Ins. Co., 3 A.3d1279 (2010), 416 N.J. Super. 334 (App. Div. 2010).Published DecisionsTurner v. First Union National Bank, 162 N.J. 75 (1999), affirming, Turner v. First Union NationalBank, 314 N.J. Super. 33 (App. Div. 1998) Lum v. Bank of America, et al., 361 F.3d 217 (3d Cir. 2004), cert denied, 125 S.Ct. 271 (2004) Port Authority of New York and New Jersey v. Affiliated FM Ins. Co., 311 F.2d (3d Cir. 2002) Resolution Trust Corp. v. Fidelity and Deposit Co. of Maryland, 205 F.3d 615 (3d Cir. 2000) New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc., 101 F.3d 1492, 65 USLW2402 (3d Cir. 1996) Synovus Bank v. Valley National Bank, 487 F. Supp. 360 (S.D.N.Y 2007) Resolution Trust Corp v. Minassian, 777 F. Supp. 385 (D.N.J. 1991)Page 42
Arthur Andersen LLP v. Federal Ins. Co., 3 A.3d 1279 (2010), 416 N.J. Super. 334 (App. Div. 2010) Laufer v. The United States Life Insurance Co., 385 N.J. Super. 172 (App. Div. 2006) Touch of Class Leasing v. Mercedes-Benz Credit of Canada, Inc., 248 N.J. Super. 426, 591 A.2d661, 15 UCC Rep. Serv. 2d 471 (App. Div. 1991) Stiso v. Inserra Supermarkets Inc., 179 A.D.2d 878, 578 N.Y.S.2d 680 (N.Y.A.D. 3 Dept.) (1992)Professional ActivitiesAmerican Bar AssociationNew Jersey State Bar Association- Bankruptcy Law Section- Banking Law SectionFederal Bar AssociationAdmissionsNew JerseyU.S. District Court for the District of New JerseyU.S. Court of Appeals for the Third CircuitU.S. Court of Appeals for the Second CircuitEducation Rutgers School of Law - Newark, J.D., 1982ExperienceDuane Morris LLP- Partner, 1999-presentCole, Schotz, Meisel, Forman & Leonard, Hackensack, New Jersey- Partner, 1989-1999- Associate, 1983-1988Superior Court of New Jersey- Judicial Clerk, Honorable Wilfred P. Diana, 1982-1983Board MembershipsBoard of Trustees, Union County United WayBoard of Trustees, Plainfield SymphonyBoard of Trustees, New Jersey Volunteer Lawyers for the ArtsCivic and Charitable ActivitiesPresident, United Way of Plainfield, North Plainfield, Fanwood and Scotch PlainsVice President of Development, The Plainfield Symphony SocietyPage 43
Page 1 and 2: Common Ethics Issues JointlyAddress
Page 3 and 4: Common Ethics Issues JointlyAddress
Page 5 and 6: In re Taylor655 F.3d 274 (3d Cir. 2
Page 7: Court’s Holding:• Third Circuit
Page 12 and 13: Rule 1.2 Scope of Representation an
Page 14 and 15: Crime-Fraud Exception• Lauren Ste
Page 16 and 17: Rule 3.1 Meritorious Claims and Con
Page 18 and 19: Rule 3.3 Candor Toward the Tribunal
Page 20 and 21: Rule 4.1 Truthfulness in Statements
Page 22 and 23: Rule 5.2 Responsibilities of a Subo
Page 24 and 25: Conflicts of InterestA constant and
Page 26 and 27: Conflicts Review - Former Client•
Page 28 and 29: Multinational Law Firms and Clients
Page 30 and 31: ABA Formal Opinion 93-379• “Bil
Page 32 and 33: Real World Examples• Chen v. Chen
Page 35 and 36: Summary - Final Comments• Reasona
Page 37 and 38: In his Rule 29 Order, the Judge con
Page 39 and 40: Some Practical RecommendationsUltim
Page 41 and 42: Sarah M. Bricknell, Partner and Ass
Page 43: Gregory R. Haworth, PartnerDuane Mo
Page 47 and 48: Organized and Participated, "Financ
Page 49 and 50: Nancy A. WashingtonChief Litigation
Page 51 and 52: TOPlawfirm5in terms ofAV - r a te d
Page 53 and 54: implementing creative strategies to
Page 55 and 56: trade in goods and services, includ

Common Ethics Issues Jointly Addressed by In ... - Duane Morris LLP

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