Overview

Mr. Walsh assists businesses in resolving and, when necessary, aggressively litigating through trial complex commercial disputes involving a wide range of issues that can bedevil virtually any successful commercial enterprise. His recent and current representations include: (1) defending a company and its officers in a trial before the Delaware Court of Chancery against claims of breach of fiduciary duties; (2) prosecuting litigation in the District of New Jersey on behalf of a major New Jersey university against a Fortune 100 software company; and (3) defending a former lessee of a hotel at the World Trade Center against a novel CERCLA cost recovery action in the Southern District of New York arising out of the events of 9/11. Mr. Walsh seeks to resolve his clients’ problems in the most beneficial and expeditious way possible and, if appropriate, seeks to resolve matters before expensive litigation begins or to terminate litigation by early motions. But when a dispute cannot be resolved without litigation, he has the skills and experience to see the matter through to a final judgment.

As an officer of the New Jersey State Bar Association’s Federal Practice and Procedure Section and an author of a chapter in New Jersey Federal Civil Procedure, Mr. Walsh is well versed in the nuances of litigating in federal courts. He has also published numerous pieces on restrictive covenants and the protection of trade secrets and confidential information, including a chapter on restrictive covenant litigation for Employment Litigation in New Jersey. Mr. Walsh is active in his community and currently is the Chair of the Board of Trustees for the Ronald McDonald House of Long Branch and New Brunswick.

FOCUS AREAS

Mr. Walsh represents primarily businesses in resolving and litigating complex commercial disputes.

  • Industries represented include: pharmaceuticals, higher education, real estate development, hospitality, wholesale food distribution, and finance.
  • Types of matters handled include:
    • Contract disputes with customers and vendors
    • Corporate governance disputes with investors
    • Business-tort and antitrust disputes with customers, vendors, and competitors
    • Restrictive covenant disputes with employees and competitors
    • Class actions
  • Mr. Walsh has tried and arbitrated numerous cases from New York to Delaware, although most of his work is based in New Jersey. He has also argued several appeals in state and federal appellate courts.

Mr. Walsh recently tried a case in the Delaware Chancery Court, representing the officers of an $800 million New Jersey-based real estate company and the officers’ affiliated entities. Three minority equity owners alleged that the officers had breached their fiduciary duties to the minority owners when they approved a complex reorganization of the company’s assets and liabilities. The case raised challenging legal issues about the scope of the fiduciary duties owed by officers of limited liability companies and equally challenging economic issues about the fairness of the reorganization to the company’s various stakeholders. The Court ruled in the defendants' favor, finding that, although the process used to implement the restructuring was flawed, the plaintiffs were offered a "fair price" for their equity units during the restructuring and that the plaintiffs therefore had suffered no damages.

Mr. Walsh also recently resolved a case before trial for a major New Jersey university against a major software vendor, arising from a $20 million implementation of an enterprise resource planning system. Technology industry press reports characterized Mr. Walsh’s complaint in the matter as a “textbook example of how to file a legal action against a vendor for failure to deliver.”

Education

  • Rutgers School of Law - Newark (J.D., with honors)
    • Bloustein Fellow in Jurisprudence
    • Articles Editor, Rutgers Law Review
    • Order of the Coif
  • Rutgers Graduate School (M.A.)
  • Texas Christian University (B.A., magna cum laude)
    • Phi Beta Kappa

Professional Activities

New Jersey State Bar Association
Chair-Elect, Federal Practice and Procedure Section 
Equity Jurisprudence Committee

American Bar Association
Section of Antitrust Law

The Association of the Federal Bar of the State of New Jersey

New Jersey Supreme Court District XIII Ethics Committee, 2000-2004

Superior Court of New Jersey's Juvenile Conference Committee, 2008-2013

Somerset County Bar Association Mock Trial Competition, 2005 
Judge

Ronald McDonald House, Long Branch & New Brunswick
Chair of the Board of Trustees

Gibbons Business Litigation Alert blog (www.businesslitigationalert.com)
Editor

Professional Admissions

  • State of New Jersey
  • State of New York
  • United States District Court for the District of New Jersey
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Second Circuit

Judicial Clerkship(s)

Law clerk to the Honorable Robert N. Wilentz, Chief Justice, New Jersey Supreme Court, 1993-1994

Publications & Features

HONORS & AWARDS

Selected to the New Jersey Super Lawyers list , Business Litigation

Selected to the New Jersey Super Lawyers Rising Stars list, Business Litigation, 2006