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Robert J. Donaher

Counsel

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Practice Areas:

  • Complex Litigation
  • Commercial Litigation
  • Antitrust
  • Trade Regulation
  • Information Technology
  • Restrictive Covenant
  • Franchise Litigation
  • White Collar Criminal Defense
  • Insurance Coverage
  • Insurance Fraud
  • Chancery and Equity
  • Health Care Finance Litigation
  • Environmental Litigation
  • Employment Litigation
  • Shareholder Disputes
  • Corporate Litigation
  • Appellate Practice
  • Land Use Litigation
  • White Collar Crime

Biography

Mr. Donaher is a 1984 graduate of Trenton State College (College of New Jersey) and a 1987 graduate of Seton Hall University School of Law. He served as a Deputy Attorney General for the New Jersey Division of Criminal Justice, Bureau of Financial Crimes & Antitrust, where he represented the State of New Jersey in multi-district federal civil antitrust litigation, handled antitrust and white collar criminal investigations and served as antitrust counsel to the Office of the Attorney General. Mr. Donaher also had substantial private practice experience prior to joining the firm. He practices in the areas of complex corporate and commercial litigation, including antitrust and trade regulation, unfair competition and franchise litigation, insurance coverage, insurance fraud and health care finance litigation, general equity and shareholder disputes, employment, white collar criminal defense and appeals. He is a member of the Bars of the States of New Jersey and Pennsylvania and is admitted to practice before the United States Court of Appeals for the Third Circuit. He is a member of the New Jersey State and Hunterdon County Bar Associations, and the former Chair of the State Bar Association’s Special Committee on Antitrust Law. He has also served on the National Association of Attorneys General Antitrust Task Force.

Robert J. Donaher practices primarily in the areas of complex commercial litigation, antitrust and trade regulation, insurance coverage and healthcare reimbursement disputes, environmental and land use litigation, white collar criminal defense and corporate investigations.

Bob is an accomplished litigator.  As a former Deputy Attorney General for the New Jersey Division of Criminal Justice, he represented the State of New Jersey in multi-district federal civil antitrust litigation, white collar investigations, and merger reviews.  He also conducted civil and criminal investigations of major corporations and other businesses involving alleged procurement abuses.

Bob also has years of experience in private practice representing businesses of all sizes, from closely-held corporations up to Fortune 100 companies.  He has advocated for clients in a wide variety of matters ranging from environmental, land use and securities litigation, shareholder and employment disputes to public utilities regulation and more.  Bob appears before state and federal courts, as well as administrative agencies, to litigate on behalf of commercial clients in a broad range of industries.  These include information technology, health care, pharmaceutical, commercial development, petroleum, energy, gaming, telecommunications, solid waste, manufacturing, utilities, and insurance.

Bob regularly represents numerous businesses in connection with both civil and criminal governmental investigations, and represents medical providers in reimbursement disputes with insurance companies and government regulators before both courts and administrative agencies.  Most recently, Bob published an article in the Complex Litigation Supplement to the New Jersey Law Journal titled “Defending Treble Damage Claims in CFA Business Litigation,” and an article in the New Jersey Lawyer titled “Antitrust Compliance Under the Affordable Care Act.”

In addition to his trial advocacy work, Bob also has an extensive appellate background.  He has successfully handled appeals involving all levels of review before state courts in New Jersey and Pennsylvania, as well as federal appellate courts.  Several of Bob’s appellate cases have been published as reported decisions.

Education

  • Seton Hall University School of Law, Newark, New Jersey
    • J.D. - 1987
  • Trenton State College
    • College of New Jersey
      • B.A. - 1984

    Bar Admissions

    • U.S. Court of Appeals 3rd Circuit, 1991
    • New Jersey, 1987
    • Pennsylvania, 1988
    • U.S. Supreme Court, 2010

    Representative Cases

    • Princeton Healthcare System v. Netsmart New York, Inc., N.J. Super. 467 (App. Div. 2011)
    • U.S. Information Syst., Inc. v. Int’l Brotherhood of Electrical Workers Local Union No. 3, cert. den., 131 S.Ct. 626 (2010) (United States Supreme Court Cert. Pet. – antitrust conspiracy)
    • Continental Insurance v. Honeywell, 406 N.J. Super. 156 (App. Div. 2009)
    • Employers Ins. of Wausau v. Crown Cork & Seal, Co., Inc., 942 F.2d. 862 (3d Cir 1991)
    • Traveler’s Indemnity Company v. Crown Cork & Seal Co., Inc., 865 F. Supp. 1083 (S.D.N.Y. 1994)
    • Employer’s Insurance of Wausau v. Crown Cork & Seal Co., Inc. 1989 WL 71490 (E.D.P.A. June 28, 1989)
    • GMAC Corp. v. St. Paul Cos., Civil Action No. 91-1483 JEI, 1992 U.S. Dist. LEXIS 13806 (D.N.J. September 8, 1992)
    • Chase Manhattan Bank v. Josephson, 135 N.J. 209 (1994)
    • Chase Manhattan Bank v. Josephson, 261 N.J. Super. 428 (App. Div. 1993)
    • In re Petition of Hackensack Water Company, 249 N.J. Super. 164 (App. Div. 1991)
    • Newark Branch, NAACP v. Harrison, 940 F.2d 792 (3d Cir. 1991)
    • In the Matter of the Expungement Petition of D.H., 204 N.J. 7 (2010)
    • In Re D.H., 2009 WL 4892636 (N.J. App. Div. Dec. 21, 2009)
    • Allstate Insurance Company v. Greenberg, 379 N.J.Super. 419 (Law Div. 2005)

    Professional Associations

    • New Jersey State Bar Association
    • Former Chairman, NJSBA Special Committee on Antitrust Law
    • Member, New Jersey State Bar Association Special Committees on Antitrust Law, Appellate Practice and Complex Litigation
    • Member, American Association of Health Care Lawyers
    • Pennsylvania Bar Association
    • Past Member, National Association of Attorneys General Antitrust Task Force

    Past Positions

    • New Jersey Division of Criminal Justice, Bureau of Financial Crimes & Antitrust, Deputy Attorney General
    • Office of the Attorney General, Antitrust Counsel