E. Evans Wohlforth

Evans Wohlforth concentrates his practice on business litigation, primarily in the federal courts but also in state courts throughout the United States. He particularly focuses on code-based areas of federal law, such as ERISA, intellectual property and bankruptcy, but has also litigated a wide range of commercial issues. Mr. Wohlforth has litigated matters in the federal district and bankruptcy courts of New Jersey, New York, Delaware and Pennsylvania, the Third Circuit Court of Appeals and the state courts of New Jersey, Florida, New York, North Carolina, California and Nevada. 

 

Prior to joining Gibbons, Mr. Wohlforth served a five-year appointment as permanent law clerk to the Hon. Alfred M. Wolin, United States District Judge. Mr. Wohlforth was primarily responsible for the management of several, nationally-known, complex litigation matters, including the Prudential Sales Practices Litigation, the Mercedes-Benz Antitrust Litigation and five, very large, asbestos-related chapter 11 proceedings involving Fortune 500 debtors.

Mr. Wohlforth’s recent representative cases include two ERISA class actions and numerous individual ERISA benefits litigations in the District of New Jersey and the Southern District of New York. Other important recent matters include the representation of a bond trading house against an issuing authority in the Florida courts, prosecution of an appeal to the Third Circuit in a trade secret matter, the Opinion 39 attorney advertising matter recently decided by the New Jersey Supreme Court, and representation of litigated matters for a bankruptcy trustee. During the Firm's representation of John Gibbons as chapter 11 trustee of Marvel Entertainment Group, Mr. Wohlforth combined his intellectual property and bankruptcy expertise, counseling the debtor on licensing issues and litigating its rights in the bankruptcy court. 

Mr. Wohlforth has been recognized by the Super Lawyers Magazine since the 2007 listing. The Federal District of New Jersey has called upon him to act as pro bono counsel in prisoners’ rights, class action litigation. Mr. Wohlforth serves on the Professional Responsibility Committee of the Firm assisting the General Counsel of the Firm. He has served as adjunct professor of law at Rutgers Law School in Newark, where he taught trademark and copyright law. He has spoken at continuing legal education seminars and trade group meetings on insolvency and intellectual property topics.



Education
Rutgers University School of Law (J.D., 1994)
Senior Articles Editor, Rutgers Law Review
Order of the Coif

San Francisco Conservatory of Music (B.Mus., 1984)
Manhattan School of Music (M.Mus., 1986)

Professional Admissions
State of New York 1997

State of New Jersey 1994

United States District Court for the Southern District of New York 1998

United States District Court for the District of New Jersey 1994

United States Court of Appeals for the Third Circuit 1998

United States Supreme Court 1999

Professional Activities
Adjunct Professor of Law, Rutgers Law School - Newark

Member of the Essex County Bar Association

Member of the New Jersey State Bar Association

Member of the American Bar Association

Publications
"Go Forth and Infringe No More?: Dischargeability in Bankruptcy and Willful Patent Infringement," The Metropolitan Corporate Counsel, June 2008

"An 'Essential' Holmes," 47 Rutgers L. Rev. 441, 1994

Speaking Engagements
Speaker, "Basics of Copyright Law," Lorman Educational Services, March 28, 2000

Speaker, "Intellectual Property Licensing and Litigation Problems in In re Marvel Entertainment Group, Inc. et al.," New Jersey Turnaround Management Association, Fall 1998

Honors/Awards*
Listed in Super Lawyers, Business Litigation, 2010

Judicial Clerkship(s)
Judicial clerk to the Honorable Gary S. Stein, New Jersey Supreme Court

Judicial clerk to the Honorable Alfred M. Wolin, United States District Court

Representative Cases
In re Opinion 39 of the Comm. on Attorney Advertising, ___ N.J. ___ (Dec. 17, 2008);

Chang v. Life Ins. Co. of North America, 2008 WL 2478379 (D.N.J. 2008) (ERISA);

Capital Business Solutions, LLC v. Konica Minolta Business Solutions USA, Inc., 2008 WL 2761307 (D. Kan. 2008);

Orlando-Orange County Expressway v. Emmet & Co., Inc., 967 So. 2d 216 (Fla. 5th D.C.A. 2007)(table)(per curiam affirmance);

In re G-I Holdings, Inc., 338 B.R. 232, (Bankr. D.N.J.), vacated, 2006 WL 1751793 (D.N.J. 2006);

In re G-I Holdings, Inc., 327 B.R. 730 (Bankr. D.N.J. 2005);

M.D. On-Line, Inc. v. WebMD Corp., 2005 WL 2469668 (D.N.J. 2005);

McGraw-Hill Companies, Inc. v. Ingenium Technologies Corp., 375 F. Supp. 2d 252 (S.D.N.Y. 2005);

McGraw-Hill Companies, Inc. v. Ingenium Technologies Corp., 364 F. Supp. 2d 352 (S.D.N.Y. 2005);

Industrial Risk Ins. v. United Parcel Service, 328 N.J. Super. 584 (App. Div. 2000);

Vigilant Ins. Co. v. V.I. Technologies, Inc., 676 N.Y.S. 2d. 596 (App. Div. 1st Dept. 1998), appeal dismissed, 695 N.Y.S. 2d. 744 (N.Y. 1999).




*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.

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E. Evans Wohlforth  Attorney at Law
E. Evans Wohlforth
Director
Business & Commercial Litigation

Practice Areas
Business & Commercial Litigation
Intellectual Property

Contact Information
One Gateway Center
Newark, NJ 07102-5310

Direct: 973-596-4879
Fax:      973-639-6486
EWohlforth @gibbonslaw.com
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