Robert S. Dowd, Jr. has a diverse commercial litigation practice. Over the course of his career, he has prosecuted and defended almost every kind of commercial dispute.

 

Bob has substantial experience in claims involving consumer fraud, professional negligence, fraudulent transfers, class actions, contract breaches, real property disputes, individual liability as alter ego of business entity, fraud, tortious interference and other business torts and shareholder disputes. Bob also has significant experience in the collection of monetary judgments after trial.

 

Bob has been appointed by the United States Bankruptcy Court as the Plan Administrator for certain large business bankruptcies.

 

Bob has been involved in several appeals, often involving novel legal issues. An example of the cutting-edge commercial cases in which Bob has been involved is RSB Lab Services, Inc. v. BSI Corp, 368 N.J. Super. 540 (App. Div. 2004), in which the appellate court upheld a significant jury award of damages for lost profits sustained by the plaintiff when its business could not expand due to defendant's breach of contract. This case was recently cited by the New Jersey Supreme Court in Schwartz v. Menas, 251 N.J. 556, 576-77 (2022) which  overturned the longstanding precedent in New Jersey that had barred new businesses from recovering lost profits from culpable parties.

 

Publications:

• “Liability of Business Computer User for Improper Disclosure of Customer's Personal Financial Information,” John Marshall Law Review

• “New Jersey's Consumer Fraud Act Gives Consumers Powerful Weapon,” The Record

• “Getting Paid Without Resort to the Courts,” Meadowlands USA Business Magazine

 

Class Action Settlements:

• Crema, et al. v. New Jersey National Golf Club, et al.

• Libman, et al. v. Hawk Pointe Golf Club, et al.

• Cure, et al. v. Raritan Valley Country Club, et al.

 

New Jersey Consumer Fraud Act Cases Reported in New Jersey Verdict Reporters:​

• Nordlund v. Cocoziello

• Odell v. Guardian

 

Seminar:

• Floods, Power Outages & Other North Jersey Disasters: Disaster Planning for Small and Mid-Sized Businesses

 

Representative Matters:

• Won multi-million-dollar judgment based on entry of unanimous jury verdict in client’s favor finding fraud by defendant, a New Jersey attorney, and related entities. This judgment was in addition to the prior six-figure settlement obtained in connection with the professional malpractice claim brought against attorney who had represented client in underlying transactions.

• Reached seven-figure settlement in middle of jury trial of claims of professional negligence against environmental consultant in connection with Fortune 500 client company’s purchase of industrial facility. This settlement was achieved after obtaining a six-figure settlement of professional negligence claims  against the large New York City law firm which had represented the client company in the underlying purchase of this industrial facility.

• Obtained approximately one-half million dollar settlement of fraudulent transfer claims on behalf of client against principals and affiliated entities of insolvent construction company liable for breach of real estate sales contract. Thereafter made an additional six-figure settlement on claims for professional malpractice against counsel who had represented client in transaction.

• Achieved quarter million dollar Court ordered buyout of limited partnership interest along with reimbursement to client of over $200,000 in attorneys’ fees in settlement of derivative suit and direct action on behalf of limited partner of real estate partnership for breach of fiduciary duty and fraud arising from real estate development transactions.

• Obtained Court Order on emergency basis reinstating minority shareholder who had been unceremoniously removed by majority shareholders as president, director and employee of multi-million dollar company. Ensured client continued in those positions throughout the litigation, which ultimately settled in a mediation resulting seven-figure buyout of his stock and other favorable terms.

• Secured very favorable complex settlement of multimillion dollar claims and counterclaims asserted in six related litigations filed in three states based on intensive and extended mediation.

• Served as Court approved special counsel for debtors and then Court appointed Plan Administrator in three related Chapter Eleven bankruptcy proceedings involving over $100,000,000 in claims. Organized surrender of $20,000,000 of barges and sale of tens of millions of dollars in other assets of debtors, including large granite quarry for $8,000,000 and asphalt plant and related real property for $9,000,000.  Also managed $5,000,000+ multi-year environmental restoration project which was subsequently approved by the New York Department of Environmental Conservation, thereby resolving its Administrative Consent Order against the debtors.

• Reached seven-figure settlement of multi-million dollar billing dispute regarding retroactive adjustments allegedly due on commercial insurance premiums. Settlement was reached after litigation filed against insurance company for fraud and violations of the New Jersey Consumer Fraud Act.

• Won six-figure judgment based on entry of verdict in client’s favor after three week trial of claims that seller had breached contract for sale of large industrial facility.  Trial Court ruling also dismissed seller’s multi-million dollar counterclaims against client alleging fraud, commercial bribery, tortious interference and breach of seven-figure ancillary agreement and for recission of purchase contract.  Judgment was entered against the individual principal of seller corporation which had dissolved during case in an attempt to avoid liability. Case settled after defendants agreed to dismiss appeal of judgment, resulting in full payment of judgment to client.

• Obtained six-figure settlement a few months after commencement of suit for fraudulent concealment and related claims on behalf of purchaser of large office building who discovered a significant shortfall in the existing capacity of the HVAC system shortly after the purchase.

• Settled seven-figure claim filed against client who was an out-of-state seller of clean energy technology pursuant to private mediation conducted in first few months of litigation, resulting in no payment by client.

• Won unanimous jury verdict entered in favor of client after two-week trial of New Jersey Consumer Fraud Act claims against golf club for refund of this former member’s membership deposit. Verdict resulted in entry of six-figure judgment which was paid in full plus interest and attorneys’ fees after golf club dismissed its appeal of jury verdict. Subsequently filed class action against golf club alleging violations of the New Jersey Consumer Fraud Act on behalf of 230 former members of same golf club, resulting in multi-million-dollar settlement.

• Won two parallel New Jersey Appellate Division cases thereby allowing the of issuance of a water allocation diversion permit critical to operation of large aggregate quarry. These decisions also affirmed the victory obtained in the Trial Court dismissing a challenge to the issuance of the permit by a several hundred member homeowner’s group living on an adjacent lake.

• Secured six-figure settlement, representing full payment of a fraudulent transfer claim after pre-trial discovery established the defendant company had transferred substantially all of its assets to its individual shareholder.

• Obtained approximately one-half million dollar settlement from New Jersey law firm at a mediation without filing suit based on pre-suit demand alleging professional malpractice in connection with the filing of a construction lien.

• Won unanimous jury verdict after two week trial on behalf of out-of-state executive whose rental property was flooded during a hurricane.  Six figure compensatory damage verdict was tripled because jury found defendant committed a violation of the New Jersey Consumer Fraud Act.  Under New Jersey’s collateral source rule, the court permitted the entry of judgment for this entire amount despite client’s prior full recovery of out-of-pocket losses under his renter’s insurance policy. Settlement reached based on full payment of judgment after defendant agreed to dismiss appeal of jury verdict.

• Won two-week long trial upholding ordinance which permitted client’s asphalt plant use, as well as parallel trial affirming zoning approvals obtained for construction and operation of asphalt plant. Subsequently prevailed in the appeals to the New Jersey Appellate Division by challengers of both decisions.

• Reached six-figure settlement after securing reversal in the New Jersey Appellate Division of dismissal during trial of claim based on psychological harm sustained by individual attending self-help weekend seminar.

• Defense of two multi-million dollar environmental superfund cases filed against generator of solvents contaminating soils and groundwater at industrial properties in, respectively, Hempstead, Long Island and Cleveland, Ohio.

• Obtained favorable settlement for licensee of pipelining technology based on its claims of breach of license agreement and tortious interference after trial in Louisiana state court.

• Won verdict after several week trial leading to substantial judgment based on claim for defendant’s breach of agreement to sell industrial property. Defendant appealed and case was subsequently settled based on defendant’s payment of full amount of judgment plus reimbursement of client’s appellate costs.

• Defense of multi-million dollar superfund litigation filed against corporate successor to former operator of industrial site in Prospect, Connecticut. Representation included extensive investigation of disposal practices from twenty-thirty to fifty years prior to litigation.

• After entry of six-figure default judgment against debtor-company, issued post-judgment subpoenas to third party affiliates who had received payments from now insolvent company, leading to payment of full amount owed.