Commercial Litigation

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 liability, 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.

 

Bob is a member of the American Bar Association's Section of Litigation.

 

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:

 

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

 

Seminar:

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

 

Representative Matters:

  • Obtained multi-million-dollar judgment based on jury verdict finding fraud by defendant, a New Jersey attorney, and related entities after prior six-figure settlement on professional malpractice claim against attorney who had represented client in transaction.

  • Reached seven-figure settlement in middle of jury trial of claims of professional negligence against environmental consultant and against prior counsel who had represented Fortune 500 client company in underlying purchase of industrial facility.

  • Secured six-figure judgment after successful jury verdict of New Jersey Consumer Fraud Act claims against golf club on behalf of former member for refund of membership deposit, which judgment was paid in full plus interest and attorneys’ fees after golf club appealed jury verdict. Thereafter initiated class action New Jersey Consumer Fraud Act claims on behalf of class of former members of same golf club, resulting in multi-million-dollar settlement.

  • Obtained six-figure settlement on appeal of successful jury verdict of claims under New Jersey Consumer Fraud Act on behalf of out-of-state executive whose rental was flooded during hurricane, despite client’s full recovery of out-of-pocket losses separately from his insurance company.

  • Obtained six-figure settlement of fraudulent transfer claims against principals and affiliated entities of insolvent construction company on behalf of contract purchaser of building and subsequent six-figure settlement for professional malpractice claims against counsel who had represented client in transaction.

  • Secured companion decisions after two parallel bench trials in favor of zoning approvals obtained by developer of asphalt plant use and affirmation of both decisions on appeal.

  • Obtained six-figure settlement of professional malpractice claim from New Jersey law firm based on pre-suit mediation.

  • Settled seven-figure claim against out-of-state seller of clean energy technology based on no monetary payment pursuant to private mediation conducted in first few months of litigation.

  • Affirmance in New Jersey Appellate Division of issuance of water allocation diversion permit critical to operation of large aggregate quarry.

  • Obtained six-figure settlement of fraudulent transfer claim after discovery established transfer of assets from company to its principal.

  • 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.

  • Obtained six-figure judgment after several week trial based on claim for breach of agreement to sell industrial property, subsequently settled for amount of judgment.

  • Obtained six-figure settlement a few months after commencement of suit on behalf of purchaser of large office building who discovered a significant shortfall in the existing capacity of a critical building system shortly after the purchase.