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Michael J. Faul Jr. 

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Practice Areas:

  • Insurance Coverage Litigation on behalf of high net worth individuals, corporate and municipal/governmental policy holders
  • Environmental Litigation
  • Complex Commercial Litigation
  • Shareholder Litigation
  • Corporate Litigation
  • Commercial Insurance
  • Shareholder Disputes

Biography

Michael J. Faul, Jr., concentrates his practice in the areas of complex commercial litigation, insurance coverage disputes, closely held/oppressed minority shareholder disputes, corporate fraud, and environmental litigation.

In his decades of practice, Michael has successfully recovered millions of dollars from national insurance companies, brokers, and agents on behalf of policyholders.  He provides counsel on all phases of complex insurance claim resolution, from the proper and prompt presentment of claims through litigation in state and federal courts.  Colleagues describe Michael as extremely focused on the vindication of his clients’ rights.  Clients view Michael as a hard working, ethical, and aggressive litigator.

Michael’s successful cases include a significant environmental coverage matter in which he recovered $8.3 million on behalf of a corporate client in settlement of a claim against a major national insurer and broker.  Michael recently prevailed on summary judgment on behalf of a municipality.  The decision held that the insurer for the municipality wrongfully denied coverage under a public officials and employment liability policy.  In a subsequent ruling, the municipality was awarded consequential damages, including prejudgment interest and legal fees in successfully pursuing coverage.  In November, 2016, on behalf of a municipality, Michael successfully prevailed on a summary judgment motion, compelling the Insurer to tender a defense to an investigation by the Department of Justice and the U.S. Attorney’s Office into allegations of violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).  The decision will have a significant impact on other municipalities and governmental entities facing the same or similar investigations.

On behalf of corporate clients, Mr. Faul provides risk management consulting and manuscripting of specialized insurance products including Pollution Legal Liability Policies for Corporations and Single Purpose Entities purchasing commercial and industrial sites nationally.  Mr. Faul counsels not only large corporate policyholders, but midsize and smaller companies in connection with a variety of insurance policies and risks including Commercial General Liability, Commercial Property, Commercial Umbrella Liability, Excess Liability, Directors and Officers liability, Fidelity and Surety, Pollution Liability, Products Completed Operations Liability, and Professional Errors and Omissions.

Mr. Faul counsels both corporations and governmental entities seeking to place or enforce coverage under Directors and Officers or Public Officials and Employment Liability Policies, and other specialized risk policies for government investigations, lawsuits, and internal investigations.

Mr. Faul represents out-of-state corporations as local counsel, co-counsel, or as primary counsel in litigations filed in the courts of the State of New Jersey and arbitrations before the American Arbitration Association.

Active in state and local bar activities, Michael has presented to the Essex County Bar Association on numerous topics, including “Attachments: How to Obtain Them and How to Avoid Them”; “Trade Secret and Restrictive Covenant Litigation in New Jersey”; “Identifying Common Fraudulent Schemes in and out of Bankruptcy”; “Litigating Fraud and Misrepresentation Claims Involving Real Estate Transactions in the State and Bankruptcy Court”; “Successfully Litigating the Closely Held Corporate Dispute When Those in Control Have Engaged in Fraud and Mismanagement”; and “The Entire Controversy Doctrine and Attorney Malpractice.”  Michael has also been a seminar speaker for the New Jersey Institute of Continuing Legal Education, presenting on “Litigating Fraud and Mismanagement Disputes in Closely Held Corporations” and “Criminal Aspects of Business Fraud.”  Recently, Michael appeared as a panelist at an NJICLE Seminar regarding “Representing Your Client in a Business Break-Up.”

Michael has written articles which have appeared in a number of New Jersey legal publications.  Among these is an article co-authored with Robert DiPasquale, CPA, CFE, formerly with J. H. Cohn, titled “A Minority Shareholder’s Inspection Rights Under N.J.S.A. 14A:5-28,” which was published in the August, 2000 issue of New Jersey Lawyer: The Magazine.  This article is cited in the permanent edition of N.J.S.A. 14A:5-28, and was recently cited in the University of Oklahoma Law Review.

Education

  • The Dickinson School of Law, Carlisle, Pennsylvania
    • J.D.
  • Franklin and Marshall College, Lancaster, Pennsylvania
    • B.A., Bachelor of Arts - 1982
    • Major: Spanish
    • Major: Italian
  • Secondary School – Blair Academy

Bar Admissions

  • New Jersey, 1986
  • U.S. District Court District of New Jersey, 1986
  • District of Columbia, 2007
  • New York, 2007
  • U.S. District Court Southern District of New York, 2014

Honors

  • Certificate of Appreciation, Essex County Bar Association Young Lawyers Section

Published Works

  • “Recent Developments in New Jersey’s Insurance Notice Law – How to Avoid and Effectively Challenge a Late Notice Defense by an Insurance Company,” The Clarion, Somerset County Bar Association, (March 2017)
  • “Breach of Contract Exclusion Held Not to Apply to Negligence Suit – Insurance Company Had a Duty to Defend the Insured Governmental Entity,” Newsletter(July, 2013)
  • “Are Joint Insurance Funds in New Jersey Flying Under the Radar Screen?” Newsletter (November 18, 2011)
  • Co-authored with Lin C. Solomon, “False Reporting of Fraud Can Lead to Bad Faith Liability,” New Jersey Law Journal (May 2, 2011)
  • “The Claims File: Key Discovery for Bad Faith Insurance Litigation,” New Jersey Law Journal (August 3, 2009)
  • “Taking Control of Worker’s Compensation Costs,” Manufacturing Newsletter, Rothstein Kass(2nd Quarter 2008)
  • Co-editor of the August 2000 issue of New Jersey Lawyer Magazine(Chancery Practice) with Honorable Barry E. Moscowitz, Administrative Law Judge (ALJ)
  • “Remedies for Oppressed Shareholders” by Michael J. Faul, Jr., and Robert DiPasquale, New Jersey Lawyer Magazine (August, 2000)
  • “A Minority Shareholder’s Inspection Rights Under N.J.S.A. 14A:5-28,” New Jersey Lawyer Magazine (August, 2000)
  • “How to Successfully Dismiss a Bankruptcy Case for the Commercial Litigator,” Newsletter of the Essex County Bar Foundation(March, 1995)

Representative Clients

  • Able Sanitary and Environmental Services, Inc.
  • NE Technology Inc.

Representative Cases

  • In re Judith Altman, 9226558
  • American Baby Carriage v. Judith Altman, 924017
  • American Baby Carriage v. Childhood, Inc., C-0214-90E
  • American Supplies Sales Group v. Martin Bercaw, American Landscape Supply, Inc. Bercaw Landscape Supply, Inc And Organic Landscape Supply, Inc., C - 79-97 Appellate No. A-1852-02T2
  • American Tissue Corp. In re: Twin County Grocers, Inc. v. American Tissue Corp., 9855587
  • Bertram F. Ames and Edith Ames v. Crag Products, Inc., Melvin Wiesenthal, Frank A. Orechio, Teresa McHarg Inter Vivos Trust, and Armando B. Fontouro, as the Acting Sheriff of Essex County, ESX-C-15-91
  • Nathan Ashbacher v. Edwin Robert Kroll, Allied Pump Corporation and 128-132 Harrison St. Realty Corp., New Jersey Corporations, C-117-96
  • Associated Deliveries v. Professional Employer Consulting Services, Inc. ("PECS"); Aampro; Aampro Group, Inc.; Aampro Financial, LLC; Aampro, LLC; Aampropay, LLC; Aamstaff; New Jersey Employee Leasing Association, Inc.; Trident Systems International, Inc.; Stephen L.Farkas; C.N.A.; Continental Casualty Company; Hess, Egan, Hagerty,L’Hommedieu, Inc.; Zurich Insurance Company, SOM-L-850-05
  • In re: Paul J. Caragine, 9622227
  • U.S. Delivery Systems Northeast, Inc. v. Associated Deliveries and Mark Harrison, L 01365 97
  • B.A.T. Wear, Inc. v. Richard Blacker; Shower Short, Inc. v. Richard Blacker, Richard Blacker, Third-Party Plaintiff, v. B.A.T. Wear, Inc., Randi Dobies, The Shower Short, Ltd, Extensis Group, LLC, L-3726-07
  • Movernie Crawford v. Benjamin B. Blakely and First Choice Centers, Inc., C-168-01
  • Lieberman v. Lieberman, L-7754-93
  • Thelma Dear v. Chubb Insurance of New Jersey, L-2903-05
  • Dembrowski v. Solid State and Andrew Licari, C-97-96
  • Evans v. EvanBow Construction, C- 5401-86
  • Frank Bucciero, O.D v. Kerry Gelb, O.D. and Jeffrey Case, O.D., C-16-99
  • First Interregional Advisors Corp., Debtor; Securities Investor Protection Corp., Plaintiff, v. First Interregional Equity Corporation, Defendant. Richard W. Hill, Esq., Trustee Under The Securities Investor Protection Act, & Harrison J. Goldin, Trustee For First Interregional Advisors Corp., Plaintiffs, Fed Funds, Inc., SEG, Inc., A/K/A Sports Entertainment Group, Inc., First Interregional Insurance Services, Corp., First Interregional Financial Corp., & First Interregional Mgmt. Corp., 9722513
  • Gerald Gershaw v. Theraputic Sleep Products, C-79-04
  • William F. Coyer, Sr., Daniel V. Barus, and America Direct, Inc. v. John W. Hemmer and Mrs. John W. Hemmer, U.S. District Court, 945116
  • Anthony Agba, Jr v. Phillip Iluonokhalumhe, L-8971-03
  • Abraham Leiter, Sam Leiter, Philip Hymowitz, Ari Leiter, Hannah Leiter And Joshua Notkin,Abraham I. Leiter hird Party Plaintiff v. Andy E. Yurowitz, Daniel Frishwasser, Dov Levi, Moishe (Marvin) Hellman, Rozmar Realty, Morty Cohen, Joseph (Yossi) Finkelstein, Donald Respler, M.D., BER 9256-96
  • Adam Levinson v. Warnock Automotive Group
  • Lisa White Luxenburg; v. PhillipWhite, Philisa Corp and JoMar, Inc., L-884-01
  • Century 21 Real Estate v. Cary Mc Daniel, L-52-05
  • NEC USA, Inc. v Signafy, Inc., C-11-00
  • James S. Mulholland, Jr. Family Limited Partnership and Clariel J. Mulholland Family Limited Partnership v. Chubb Insurance of New Jersey, L-276-08
  • Linda Dawson v. Joseph Natale and United Properties, C- 84 98
  • Public Service Electric and Gas Co. v. Cohen Famous Frozen Foods, L-11316-89
  • Carol Redmore v. Richard Redmore, FM-07-1808-97
  • Edward Rubin, plaintiff v. Peregrine Building Corp, John R. Wallace, Gustav A. Hoffman, Ronald V. Kenderian, Closter Commons, Zebar, Inc. and John T. Wallace, defendants v. Peregrine Building Corp., Peregrine Financial Corp and Pergrine Excavating Corp, and John R. Wallace, Third-Party Plaintiffs v. Ethel Rubin, Third Party Defendant, C-001713
  • Safeguards Technology v. Kraft v. Mira, C-7285-87
  • Judith Santoro v. Profilo, Inc., Grace De Vivo, Rafaella Galdi, and Jean Petoia, C-298-00
  • The City of Newark v. Seton Company, ESX-L-2752-92
  • Aaron Some, Michael Some, Valery Kaufman, Leslie Some, & Achievements Incentives & Meetings Corp., v. Richard Some, Steven Some, Andrew Some, And Incentive Connections, Inc., L-1338-962
  • The Savings Bank v. Berg, C-76-93
  • Michael T. Venus and Robert V. Doyle v. Harry Hartigan & Mechanical Services, Inc., C-9-93
  • Empire Warehousing & Distribution Inc. v. Windsong Allegiance Inc. and Alan Rummelsburg, L-3315-07
  • Norbert J. Walsh v. Francis J. Walsh, Jr., et al, C-13-96
  • Michael Sery, Matthew Sery and David Sery, v. Officers and Directors of Federal Business Centers, Federal Business Centers, Inc. Peter C. Visceglia, Christine Kanter and Frank D. Visceglia, Jr., 06-cv-0126 (FHS-PS)
  • John H.Youngman v. Victor J. Marotta, Nicholas Charles Marotta, Irene Lee Marotta, Cathy D. Marotta, Tri-State Transit Mix, Inc., Sussex Redi-Mix, Inc., Northern Concrete, Inc., Delaware Valley Concrete, Inc., Sussex Queen Diner, Inc., Sussex Airport Diner, Inc., Seaaira Travel Agency, Inc., C-27-91
  • NJDEP v. Peter Wilenta and Wilenta Feed, L-10381-04
  • Kathleen Wood v. Vernita McNeil and Larry McNeil, L-7377-97
  • Genaro v. Coyer, C-60-94
  • Berg v. Zepralka, The Savings Bank of Rockland County, 93 CIV.2120
  • Walter Boyd v. Boyd Security Systems, Inc.
  • Central Paper Co. v. Executive Sounding Board Assoc. and Katz & Leary Filoso
  • Ferraro Foods, Inc. v. Roma Food Enterprises, Inc.
  • Joanna Motley v. Alan Sher and Martin Rappaport, ESX-L-2470-07

Professional Associations

  • Essex County Bar Association, Chair, Equity Jurisprudence Section, 1993
  • New Jersey State Bar Association
  • New Jersey State Bar Association Insurance Law Committee
  • Somerset County Bar Association
  • Active Member of the Somerset County Business Partnership
  • Essex County Bar Association
  • Essex County Chancery Division Early Settlement Panel
  • Supreme Court of New Jersey District Fee Arbitration Committee, Essex County, District V-C, West Essex, Member and Former Chair
  • Member, Audit and Risk Management Committee, Somerset County YMCA