Michael J. Faul
908-647-1022, ext. 122 Phone
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.
- 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; and
- Commercial Insurance
- Shareholder disputes
- Dickinson School of Law, J.D., 1985
- Franklin & Marshall College, B.A., 1982
- Secondary School – Blair Academy
Admissions to Practice
- New Jersey, 1986
- United States District Court, District of New Jersey, 1986
- New York, 2007
- District of Columbia, 2007
- United States District Court, Southern District of New York, 2014
Professional Memberships and Associations
- 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 Bar Association Equity Jurisprudence Committee
- 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
- Faul, Jr., M. “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)
- Faul, Jr., M., “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)
- Faul, Jr., M., “Are Joint Insurance Funds in New Jersey Flying Under the Radar Screen?” Newsletter (November 18, 2011)
- Faul, Jr., M., co-authored with Lin C. Solomon, “False Reporting of Fraud Can Lead to Bad Faith Liability,” New Jersey Law Journal (May 2, 2011)
- Faul, Jr., M., “The Claims File: Key Discovery for Bad Faith Insurance Litigation,” New Jersey Law Journal (August 3, 2009)
- Faul, Jr., M., “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)
- Faul, Jr., M., “A Minority Shareholder’s Inspection Rights Under N.J.S.A. 14A:5-28,” New Jersey Lawyer Magazine (August, 2000)
- Faul, Jr., M., “How to Successfully Dismiss a Bankruptcy Case for the Commercial Litigator,” Newsletter of the Essex County Bar Foundation(March, 1995)