Mr. Walsh represents businesses in complex commercial disputes involving a wide range of issues that can bedevil virtually any successful enterprise. He seeks to achieve his clients’ goals as quickly and efficiently as possible, but he is prepared to litigate a client’s cause aggressively, through a trial or an arbitration hearing, if the circumstances require it.
His recent and current representations include: (1) defending an insulin manufacturer in multiple actions concerning the pricing of its insulins, including two class actions, in the District of New Jersey; (2) defending in two Delaware proceedings a software developer alleged to have breached a software development agreement with a medical device manufacturer; (3) successfully arbitrating a matter for an international food container manufacturer alleged to have breached a software-license agreement and infringed the copyrights of its software vendor; and (4) successfully arbitrating a dispute for a Medicare Advantage organization alleged to have violated Centers for Medicare & Medicaid Services regulations when it terminated its agreement with a cardiology practice and removed the practice from its panel of providers.
As the former Chair 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 New Jersey federal courts. Mr. Walsh also practices regularly in the state courts of New Jersey and Delaware, including the Delaware Court of Chancery. Mr. Walsh was one of three attorneys who drafted the rules governing practice in the New Jersey Superior Court’s Complex Business Litigation Program.
Mr. Walsh is active in his community and currently is the Chair of the Board of Trustees of New Brunswick Tomorrow and Chair of the Advisory Board for the Raritan Valley Work Center (a service of Easterseals New Jersey). He is also the former Chair of the Board of Trustees for the Ronald McDonald House of Long Branch and New Brunswick.
Areas of Focus
Complex Commercial Disputes
Mr. Walsh represents primarily businesses in resolving and litigating complex commercial disputes.
- Mr. Walsh is currently representing one of three insulin manufacturers in four separate actions, including two class actions, pending in the District of New Jersey and alleging the manufacturers and certain pharmacy benefit managers violated the federal RICO Act and state consumer protection laws in connection with the pricing of analog insulins.
- Industries represented include: pharmaceuticals, revenue-cycle management, insurance, real estate development, wholesale food distribution, higher education, and finance.
- Types of matters handled include:
- Class actions (antitrust, securities, and consumer fraud)
- Business torts and contract disputes with customers and vendors
- Corporate governance disputes with investors
- Antitrust disputes between competitors
- Restrictive covenant disputes with employees and competitors
- Mr. Walsh has tried and arbitrated numerous cases from New York to Delaware to Arizona. He has also argued several appeals in state and federal appellate courts.
Mr. Walsh has litigated several cases involving business software and enterprise systems.
He recently amicably resolved, after nearly six years of litigation, a case against a software developer brought by a medical device manufacturer alleging the developer breached a software-development agreement.
He recently prevailed in an arbitration proceeding on behalf of an international food-container manufacturer accused by its logistics software vendor of breaching their software license agreement and infringing the vendor’s copyrights. In addition to obtaining declarations that his client did not breach the license agreement or infringe any copyrights, Mr. Walsh won an award of attorneys’ fees and expenses for his client.
Mr. Walsh represented a major New Jersey university in litigation against a leading supplier of business software for the failed implementation of an enterprise resource planning system. He also defended a Fortune 300 transportation company against claims by its former enterprise-software vendor that the company had misused the vendor’s trade secrets in developing its own replacement enterprise system. He is currently representing a developer of highly specialized software for medical devices against claims of breach of a development agreement.
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
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
New Jersey State Bar Association
Former Chair, Federal Practice and Procedure Section
Equity Jurisprudence Committee
Business and Commercial Litigation Committee
American Bar Association
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
New Brunswick Tomorrow
Chair, Board of Trustees
Ronald McDonald House, Long Branch & New Brunswick
Former Chair, Board of Trustees
Raritan Valley Work Center (a service of Easterseals New Jersey)
Advisory Board, Chair
Gibbons Law Alert blog (www.gibbonslawalert.com)
Law clerk to the Honorable Robert N. Wilentz, Chief Justice, New Jersey Supreme Court, 1993-1994