Michael Hoffman

Michael W. Hoffman, Esq.

Michael has over twenty-seven years of experience.  As a litigator, Michael has prosecuted to verdict matters of complex corporate/company governance, land use, commercial transaction, labor and employment, unfair competition, intellectual property, and personal injury.  In transactional law, Michael closes on limited liability company operating agreements including the build of “family LLCs,” the purchase of commercial real estate, the build of commercial leases, and the purchase/sale of business enterprises.

Michael is admitted to practice in the State of New Jersey, before the United States District Court for the District of New Jersey, and before the United States Court of Appeals for the Third Circuit.  He holds a Certificate of Admission for the United States District Court for the Eastern District of Michigan and has also been admitted pro hac vice to the United States District Court for the Eastern District of Pennsylvania.

For the New Jersey Institute For Continuing Legal Education, Michael has moderated and presented on various topics, which are listed under his presentations bio.

In the New Jersey Law Journal, Michael is published through “In Practice” articles titled “Restrictive Covenants for the Contemporary Employer,” February 2009, and “You’ve Got Mail: From the Pony Express to the Digital Highway,” October 2010.

Michael served as Judicial Law Clerk to the Honorable E. Benn Micheletti, J.S.C. (ret), in the Superior Court of New Jersey, Law Division, Monmouth County.

Michael received his undergraduate degree from Rutgers University where he was a member of Pi Sigma Alpha, national political science honor society, and Alpha Phi Omega, national service fraternity.  He received a Juris Doctorate from Syracuse University College of Law, where he served on the Journal of Legislation and Research as Executive Board Production Editor and received Honors for independent research in National Security Law.

REPRESENTATIVE MATTERS

Against a Fortune 500 company, prosecuted claim that an information technology consultant placed by that company embedded himself in the information system of client to gain control of its enterprise. Resolved matter at mediation before JAMS recovering cost of rebuilding the information system.

Counsel to businesses for labor and employment law, contract review/drafting/management, and insurance matters.

Over a four-month trial, successfully defended durable medical equipment company as a provider of PIP benefits against claims of “price gouging” and failure to collect co-pays and deductibles under the Insurance Fraud Prevention Act.

Drafting of complex operating agreements including formation of “holding” as well as “operative” limited liability companies.

Successfully defended manufacturer of pharmaceutical equipment against personal injury claim while contemporaneously litigating insurance broker malpractice suit given the failure to secure product liability insurance for client.

As counsel to a global investment banking and securities firm, secured summary judgment upon commercial loans financing purchase of numerous classic sports cars. Successfully argued against counterclaim for lender liability on issue of proximate cause consequent to release of title when presented with payoff funds from consignment dealership that then did not clear, but were first tendered by “bona fide” purchaser.

Counsel to commercial property development/management enterprises including review of financing contracts, conduct of purchase and sale closings and commercial lease drafting, review and maintenance, as well as land use law.

By way of summary judgment, successfully defended warehouse distribution company accused of discriminating against purported sincerely held religious beliefs of an employee. Then, after appellate court gave the plaintiff his “day in court,” successfully tried matter for two weeks to a “no cause of action” verdict.

Counsel to healthcare professionals including preparation and review of provider employment agreements as well as analysis of healthcare law (e.g. Stark Law, Anti-Kickback State and corporate practice of medicine doctrine).

Successfully defended company in federal court, Eastern District of Pennsylvania, against claims of misappropriation of trade secrets and Lanham Act violations, concerning design of equipment used in nuclear energy industry.

Representing custodial receiver for development in foreclosure, addressed legality of a municipal code, which arguably worked an unlawful off-tract exaction upon developer and was pre-empted by New Jersey Uniform Construction Code.

Represented creditor in a claim for approximately $500,000 in monies loaned to a business enterprise. On counterclaim, successfully defended breach of contract allegation on a construction fit-out contract securing a dismissal with prejudice on a motion to dismiss heard shortly before the last scheduled trial date.

Successfully represented company in an ejectment action concerning a parcel of commercial property fronting on the Arthur Kill navigable water way. This action was won on summary judgment and, then, settled on appeal. While on appeal, the litigation required emergent motion practice to protect riparian rights.

Litigated software development contract dispute involving consideration whether a time and material agreement is subject to the Uniform Commercial Code as the sale of a “good,” or is outside the Code’s writing requirement as a contract for “services.”

Successfully represented a company in the packaging industry accused of trade dress violations. The matter resolved with an agreement to submit future issues between the parties to binding arbitration with a single neutral (selected at the time of settlement) knowledgeable of intellectual property. This was particularly important given the extensive if not tortured litigation history between the companies.

Through binding arbitration before a retired Superior Court judge, successfully defended members of three limited liability companies against claims of minority oppression. The litigation involved several parcels of property including land situated outside the United States and in the State of South Carolina, which required jurisdictional motion practice.

By way of counterclaim, successfully settled financial malfeasance claim on behalf of condominium Association against former property management company. Matter involved spoliation issue concerning deletion of electronic QuickBooks file and conduct of computer forensics as well as forensic accounting.

Through mediation, resolved construction litigation involving claims of unlawful “charge backs” as well as monies owed to a client, a large construction company working for a national builder.

Settled personal injury matter for $500,000 along with companion workers’ compensation claim for construction worker injured while carrying rebar.

Looking to federal case law to interpret state wage and hour legislation, successfully tried “waiting to be engaged” verses “engaged to be waiting” overtime claim.

EDUCATION:

SYRACUSE UNIVERSITY COLLEGE OF LAW
Juris Doctor: May 1994
Journal of Legislation & Research, Executive Board Production Editor
Honors Award Recipient In National Security Law

RUTGERS UNIVERSITY
Bachelor of Arts in Political Science: May 1991
Pi Sigma Alpha, National Political Science Honor Association

REPORTED DECISIONS :

Zubrycky v. ASA Apple, Inc., 381 N.J. Super. 162 (App. Div. 2005)(holding, in part, resignation because of employer’s refusal to lawfully pay overtime wages does not constitute “constructive discharge” under CEPA)

Atalese v. Long Beach Township, 365 N.J. Super. 1 (App. Div. 2003)(holding notice provisions of subsection b. of N.J.S.A. 59:4-2 and N.J.S.A. 59:4-3 are not applicable where public employee, within the scope of employment, creates a dangerous condition)

Alderiso vs. The Medical Center Of Ocean County, 167 N.J. 191 (2001)(holding CEPA cause of action accrues on date of “actual discharge,” which is last day employee is paid regular wage and, for computation purposes, first day included in limitations period is day after date of “actual discharge”)

PRESENTATIONS:

Moderator: Anatomy Of An Operating Agreement, 2020 NJ Corporate Counsel Institute, New Jersey Institute For Continuing Legal Education, January 2020

Moderator: Ethical Considerations of the In-House Lawyer, 2020 NJ Corporate Counsel Institute, New Jersey Institute For Continuing Legal Education, January 2020

Moderator: Latest Concerns in Labor and Employment, 2020 NJ Corporate Counsel Institute, New Jersey Institute For Continuing Legal Education, January 2020

Panel Member: Corporate Cybersecurity: How A Corporation Can Best Protect Itself, 2019 NJ Corporate Counsel Institute, New Jersey Institute For Continuing Legal Education, January 2019

Panel Member: The Ethics of Modern Corporate Litigation New Jersey State Bar Association Annual Meeting, May 2018

Panel Member: The Opioid Crisis: Critical Employment Issues For Corporations 2018 NJ Corporate Counsel Institute, New Jersey Institute For Continuing Legal Education, January 2018

Presenter: “So Hip To Be Square On HIPAA” National Association Of Occupational Health Professionals – Chicago, IL, October 2017

Presenter: Fundamentals of New Jersey Residential Real Estate Closings – Consumer Fraud Act Considerations Rutgers University School of Law – Camden, regular presenter since April 2012

The Mailbox Rule: Securing an Evidential Presumption ~ 35th Trenton Computer Festival, The College of New Jersey, April 2010

Moderator & Presenter: Transactional & Litigation Pitfalls in the Sale of Residential and Commercial Real Estate New Jersey Institute For Continuing Legal Education, January 2010

Presenter: Electronic Discovery & Intellectual Property Litigation ~ The College of New Jersey, Dr. Rebecca Mercuri, Adjunct Professor, March 2009

HONORS :

Honors Award Recipient ~ National Security Law

994 – Professor William C. Banks

Louis M. Drazin Scholarship Award Recipient

1993 – Drazin & Warshaw, P.C.

Monmouth County Bar Foundation Grant Recipient

1992

Pi Sigma Alpha, National Political Science Honor Association

1991

Eagle Scout Award Recipient

1987 -Boy Scouts of America

we will assist you

Quick Contact