Frederick W. Alworth

Frederick W. Alworth

Chair, Commercial & Criminal Litigation

Mr. Alworth is Chair of the firm’s Commercial & Criminal Litigation Group and was twice selected, in 2022 and 2018, the Best Lawyers® “Lawyer of the Year” in his practice area for the Newark region. He regularly appears as trial counsel before state and federal courts, as well as the American Arbitration Association. Over the past decade, with a unique niche in crisis management and risk avoidance, Mr. Alworth has counseled clients in some of the most complex transactions in New Jersey, including the privatization of the Meadowlands and Monmouth Park Racetracks, risk issues surrounding the 2014 NFL Championship Game at MetLife Stadium, implementation of legalized sports betting, rebuilding of the Goethals and Bayonne Bridges, and a challenge to a $2.7 billion financing package for one of the largest public-private development projects on the East Coast. Mr. Alworth has served as lead trial counsel in business litigations throughout New Jersey, New York, Pennsylvania, Delaware, Arizona, Michigan, Wisconsin, Nevada, Virginia, and Florida. Having served as President of the Essex County Bar Association, Chair of the Equity Jurisprudence Committee of the New Jersey State Bar Association, and Vice Chair of New Jersey State Ethics Commission, he has earned the trust of the judiciary and often serves as court-appointed counsel. Mr. Alworth also presents programs for the New Jersey Institute for Continuing Legal Education on business litigation and expedited litigation topics.

Mr. Alworth has spent over 30 years at Gibbons in the Commercial & Criminal Litigation, Real Estate, and Financial Restructuring & Creditors’ Rights Groups and has an in-depth understanding of multiple practice areas and the interplay among them. Committed to the public interest and the community, he served as the firm’s pro bono coordinator for over five years and now serves as a member of the firm’s Executive Committee. He is active in several philanthropic, charitable, and athletic organizations throughout New Jersey.

Areas of Focus

Injunction Practice

Routinely involved in expedited litigation for companies, public entities, and individuals, in state and federal courts where the litigation commences with an order to show cause/request for or the defense of a temporary restraining order. For example: Pena v. New Meadowlands Racetrack LLC, 2012 U.S. Dist. LEXIS 4257 (D.N.J. Jan. 10, 2012). (Representation of New Jersey Sports & Exposition Authority in connection with a temporary restraining order involving the privatization of the Meadowlands Racetrack).

Real Estate Litigation/Real Estate Development

Represented the New Jersey Sports & Exposition Authority in an emergent action in the Appellate Division, which affirmed the Authority’s approval of $1.1 billion in municipal bonds to finance development of the American Dream project in the Meadowlands. N.J. Alliance for Fiscal Integrity, LLC v. N.J. Sports & Exposition Auth., 2016 N.J. Super. Unpub. LEXIS 2174 (App. Div. Oct. 3, 2016).

Represents developers, owners, and contractors in multiple real estate development projects. For example: Ameream LLC v. New York Football Giants, Inc., 2013 N.J. Super. Unpub. LEXIS 2353 (Law Div. Sept. 30, 2013); New Meadowlands Stadium Co., LLC v. Triple Five Group Ltd., 2012 N.J. Super. Unpub. LEXIS 1920 (Ch. Div. Aug. 9, 2012). (Representation of the New Jersey Sports & Exposition Authority against the New York Giants and Jets in connection with the American Dream project).

Chancery and Business Litigation

Represents large corporations, as well as small and medium sized closely held companies, in all facets of business and contract disputes. For example: Boston Mkt. Corp. v. Hack, 2007 N.J. Super. Unpub. LEXIS 2816 (App.Div. Aug. 20, 2007); (Judgment for plaintiff after trial—specific performance) and Lane v. Schmied, 2008 N.J. Super. Unpub. LEXIS 1014 (App.Div. Feb. 11, 2008) (Judgment for defendant after trial on complaint for rescission). ITT Commercial Finance v. Pierre Development, et al., A-2841-02TS (N.J. Super. App. Div. 2004), 183 N.J. 212 (2005) ($15,000,000 judgment for plaintiff after trial).

Restrictive Covenant and Trade Secret Litigation

Represents employers and employees often involving requests for, or defense of, temporary or preliminary injunctions. Has served as Vice Chair of the Equity Jurisprudence Committee of the New Jersey State Bar Association (NJSBA), as a panelist on chancery litigation for the NJSBA, and on multiple ICLE seminars.

Shareholder Litigation

Represents minority shareholders, majority shareholders, and close corporations. Has served as a panelist for ICLE and the NJSBA on shareholder litigation.

Debtor/Creditor Litigation

Handles both the prosecution and defense of debtor/creditor litigation. For example: 21st Capital Corp. v. Tiffany & Co., 2008 N.J. Super. Unpub. LEXIS 2281 (App.Div. Feb. 6, 2008) (Dismissal of case for Tiffany, defense of claim for $1.7 million owed).

Infrastructure Projects

Represents numerous developers, the state of New Jersey, and other public entities on infrastructure and development projects at the Meadowlands (privatization of Meadowlands Racetrack and Monmouth Park), as well as in connection with the Bayonne and Goethals Bridges. For example: Coalition for Healthy Ports, et al. v. The United States Coast Guard, et al., Civil Action No. 13 CV 5347 (RA).

Crisis Management

Routinely advises businesses and executives in confidential sensitive matters and, in conjunction with litigation avoidance, works with a public relations and government relations teams. Often consulted in connection with creative ways to avoid litigation and minimize risk.

Title Insurance Litigation

Represented title insurers and real estate developers. For example: Stewart Title Guar. Co. v. Harris, 2006 N.J. Super. Unpub. LEXIS 1965 (App.Div. Oct. 18, 2006); Chassen v. Fid. Nat’l Fin., Inc., 2013 U.S. Dist. LEXIS 8937 (D.N.J. Jan. 22, 2013); Walsh Secs., Inc. v. Cristo Prop. Mgmt., 2012 U.S. Dist. LEXIS 132221 (D.N.J. Sept. 14, 2012).

Probate Litigation

Experience with will contests and guardianship issues.

Credentials

Education

Seton Hall University School of Law (J.D., magna cum laude)

  • Research Assistant to Professor Daniel A. Degnan

University of Connecticut (B.A., cum laude)

Professional Admissions

State of New Jersey

United States District Court for the District of New Jersey

United States Court of Appeals for the Third Circuit

Supreme Court of the United States

Professional Activities

Member of Governor Christopher J. Christie’s Transition Team, Department of Law & Public Safety, 2009-2010

New Jersey State Bar Association
Prior Chair and Vice Chair, Equity Jurisprudence Committee, 2011 – 2018
Member, Civil Trial Section

Essex County Bar Association
Prior President, Secretary, Treasurer
Trustee
Prior Chair, Equity Jurisprudence Section

New Jersey State Ethics Commission
Vice Chair

Institute of Continuing Legal Education
Lecturer, Chancery Practice, Injunction Practice, Restrictive Covenant, and Shareholder
Litigation, Debtor Creditor Practice

Regional Alliance of Business Contractors
Lecturer

William J. Brennan, Jr. Inn of Court Trial Program

National Institute for Trial Advocacy

American Bar Association (Civil Trial Bar)

Court Appointed Counsel in numerous cases by ten different judges of the Superior Court of New Jersey

Present Vice Chairman, New Jersey State Ethics Commission

Judicial Clerkship(s)

Law Clerk to the Honorable Harry A. Margolis, Presiding Judge of the Chancery Division, General Equity Part, Essex County

Civic/Charitable Activities

Pro Bono Coordinator for Gibbons P.C. for five years

Pro Bono Counsel for Sandy Relief Funded Charities

Mendham Chester Little League and Soccer, Coach