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) successfully enforcing a restrictive covenant in the Delaware Court of Chancery for a leading provider of revenue-cycle management services for the healthcare industry; (2) successfully arbitrating a matter for an international food container manufacturer that was alleged to have breached a software-license agreement and infringed the copyrights of its software vendor, winning an award of the client’s attorneys’ fees and costs; (3) successfully arbitrating a dispute for a Medicare Advantage organization that was alleged to have violated CMS regulations when it terminated its agreement with a cardiology practice and removed the practice from its panel of providers; (4) defending a New Jersey municipality and its council members and employees against civil RICO and §1983 claims arising from a denial of liquor-license-transfer application, obtaining an early dismissal of the Complaint; and (5) defending a developer of software for medical devices, and its affiliates, against claims that the software developer breached a software development agreement.
As a former 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 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 a member of the Board of Trustees of New Brunswick Tomorrow and the 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
Mr. Walsh has litigated several cases involving business software and enterprise systems.
He recently prevailed in an arbitration proceeding on behalf of an international food container manufacturer which was 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 also 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 and 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.
Complex Commercial Disputes
Mr. Walsh represents primarily businesses in resolving and litigating complex commercial disputes.
- Industries represented include: pharmaceuticals, revenue-cycle management, insurance, real estate development, wholesale food distribution, higher education, and finance.
- Types of matters handled include:
- Business torts and contract disputes with customers and vendors
- Corporate governance disputes with investors
- Antitrust disputes with consumers and competitors
- Restrictive covenant disputes with employees and competitors
- Class actions (antitrust, securities, and consumer fraud)
- Mr. Walsh has tried and arbitrated numerous cases from New York to Delaware, and elsewhere. He has also argued several appeals in state and federal appellate courts.
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
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
New Brunswick Tomorrow
Board of Trustees
Gibbons Commercial Litigation Alert blog (www.commerciallitigationalert.com)
Law clerk to the Honorable Robert N. Wilentz, Chief Justice, New Jersey Supreme Court, 1993-1994