Peter S. Pearlman

Peter S. Pearlman

Partner

Peter_Pearlman_02132014Experience

Peter Pearlman practices primarily in the areas of commercial litigation in both federal and state courts, as well as business transactional work. Cases in which Mr. Pearlman has been involved have been the subject of more than 60 published opinions, many of which have established important legal precedents.

Mr. Pearlman regularly represents clients before the Financial Industry Regulatory Authority (FINRA). He has been certified by the Supreme Court of New Jersey’s board on Trial Attorney Certification as a civil trial attorney continuously since that certification first became available.

Mr. Pearlman is AV rated by Martindale-Hubbell and has been included in the list of New Jersey Super Lawyers, in Business Litigation and Class Action/Mass Torts, from 2005 through 2017. He also is listed in Super Lawyers Corporate Counsel.  Mr. Pearlman has been recognized in Best Lawyers in America, in Commercial Litigation. In addition, he was included in (201) Magazine’s list of Bergen’s “Top Lawyers” in 2014, 2015, 2016 and 2017, in Civil Litigation, Criminal Litigation and Litigation.

See Awards and Honors Methodology

As a transactional attorney, Mr. Pearlman has represented numerous clients in the formation, purchase, sale, reorganization and franchising of corporations, partnerships and limited liability companies in transactions ranging from a few hundred thousand dollars to in excess of $100 million.

As a transactional attorney, Mr. Pearlman has represented numerous clients in the formation, purchase, sale, reorganization and franchising of corporations, partnerships and limited liability companies in transactions ranging from a few hundred thousand dollars to in excess of $100 million.

Mr. Pearlman is a member of the Lawyers Advisory Committee to the United States District Court for the District of New Jersey, served for ten years as trustee of the Association of the Federal Bar of New Jersey, and is co-chair of the Class Action Committee of the New Jersey State Bar Association.


Practices

Education
  • Seton Hall University School of Law, J.D.
  • University of Illinois, A.B.
Admissions
  • New Jersey
  • All courts in the State of New Jersey
  • United States District Court, District of New Jersey
  • United States District Courts, Northern and Southern Districts of New York
  • United States District Courts, Northern District of California
  • United States Court of Federal Claims
  • United States Circuit Courts of Appeals, First, Second, Third, Fourth, Seventh and District of Columbia Circuits
  • United States Supreme Court

Affiliations

Mr. Pearlman is a member of the Lawyers’ Advisory Committee to the U.S. District Court District of New Jersey and for ten years served as a trustee of the Association of the Federal Bar of New Jersey.

Mr. Pearlman has lectured on topics involving business litigation for the American Bar Association and the New Jersey Institute for Continuing Legal Education. He has taught trial advocacy for The National Institute of Trial Advocacy and has also taught trial and appellate skills at Hofstra, Widener and Roger Williams Schools of Law.


Representative Matters

MaxLite, Inc. v. ATG Electronics, Inc., _ F. Supp. 3d _, 2016 WL 3457720 (D.N.J. June 24, 2016)

King Drug Co. of Florence, Inc. v. SmithKline Beecham, 791 F.3d 388 (3d Cir. 2015) (the first appellate opinion to interpret the Supreme Court’s opinion in FTC v. Actavis, 133 S. Ct. 2223 (2013)

In re Lipitor Antitrust Litigation, 46 F. Supp. 3d 523 (D.N.J. 2014)

In re K-Dur Antitrust Litig., 686 F.3d 197 (3d Cir. 2012), vacated and remanded in view of Actavis v. Louisiana Wholesale Drug Co., Inc., (133 S.Ct. 2849 (2013)

Herman v. Yellow Pages.com, LLC, 780 F. Supp. 2d 1028 (S.D.Ca. 2011)

Kalow & Springut v. Commence Corp., 272 F.R.D. 397 (D.N.J. 2011)

State of New Jersey Department of Treasury v. Fuld, 604 F.3d 86 (3d Cir. 2010)

National Junior Baseball League v. Pharmanet, 720 F. Supp. 2d 517 (D.N.J. 2010)

In re Merck & Co. Sec., Derivative & ERISA Litig., 493 F.3d 393 (3d Cir. 2007) (the use of after acquired information obtained through discovery which may be utilized to establish demand futility in shareholder derivative litigation)

In re AT&T Securities Litigation, 455 F.3d 160 (3d Cir. 2006) ($100 million settlement for the benefit of the class)

In re Remeron Antitrust Litigation, 367 F. Supp. 2d 675 (D.N.J. 2005) ($75 million settlement for the benefit of the class)

In re K-Dur Antitrust Litigation, 338 F. Supp. 2d 517 (D.N.J. 2004)

U.S. ex rel. Quinn v. Omnicare Inc., 382 F.3d 432 (3d Cir. 2004)
(in which the court established standards for Qui Tam litigation in this circuit and held that pharmaceutical suppliers to long term care facilities in New Jersey had no obligation to reimburse Medicaid for returned medications, even if those medications later were resold by the suppliers)

Varsolona v. Breen Capital Services Corp., 360 N.J. Super. 292 (App. Div. 2003), aff’d as modified, 180 N.J. 605 (2004)

In re Cendant Corp. Litigation, 243 F. Supp. 2d 166 (D.N.J. 2003)

Naviant Marketing Solutions, Inc. v. Larry Tucker, Inc., 339 F. 3d 180 (3d Cir. 2003)

In re Honeywell International Securities Litigation, 211 F.R.D. 255 (D.N.J. 2002)
($100 million settlement obtained for the benefit of the class)

In re: PSE&G Shareholder Litigation, 173 N.J. 258 (2002) (the Supreme Court adopted new pleading standards for plaintiffs in shareholder derivative litigation)

In re: Honeywell International Securities Litigation, 182 F. Supp. 2d 414 (D.N.J. 2002)

In re America Online, Inc., 168 F. Supp. 2d 1359 (S.D. Fla. 2001)

Burgo v. Volkswagen of America, 183 F. Supp. 2d 683 (D.N.J. 2001)

California Public Employees Retirement System v. Chubb Corp., 127 F. Supp. 2d 572 (D.N.J. 2001)

Noorily v. Thomas & Betts Corp., 188 F.3d 153 (3d Cir. 1999), cert. denied, 529 U.S. 1053 (2000)

Megatech, Inc. v. NSD Acquisitions LP, 215 F.3d 1320 (4th Cir. 2000)

In re: Nazi Era Cases Against German Defendants, 198 F.R.D. 429 (D.N.J. 2000) (billion dollar settlement achieved for the benefit of the class)

In re: Interneuron Pharmaceuticals Litigation, 188 F.R.D. 3 (D. Mass. 1999)

In re: Nice Systems Securities Litigation, 188 F.R.D. 206 (D.N.J. 1999); also 135 F. Supp 2d 551 (D.N.J. 2001)

Burger-Fischer v. DeGussa AG, 65 F. Supp. 2d 248 (D.N.J. 1999)

In re: Milestone Scientific Securities Litigation, 183 F.R.D. 404 (D.N.J. 1998), also 187 F.R.D. 165 (D.N.J. 1999), also 103 F. Supp. 2d 425 (D.N.J. 2000)

In re: Cendant Corporation Securities Litigation, 182 F.R.D. 144 (D.N.J. 1998)

In re: Computron Software Litigation, 6 F. Supp. 2d 313 (D.N.J. 1998)

Weikel v. Tower Semiconductor, Ltd., 183 F.R.D. 377 (D.N.J. 1998)
($16.25 million settlement achieved for the benefit of the class)

In re: Mobilemedia Securities Litigation, 28 F. Supp. 2d 901 (D.N.J. 1998)

In Re: PSE&G Shareholder Litigation, 315 N.J. Super. 323 (Ch. Div. 1998)

Matter of TDA Industries, Inc., 240 A.D. 2d 262 (N.Y.A.D. 1 Dept. 1997)

J.K. Funding, Inc. v. DeCara Enterprises, Ltd., 235 A.D. 2d 785 (N.Y.A.D. 3 Dept. 1997), also 270 A.D. 2d 456 (N.Y.A.D. 2 Dept. 2000)

Grassi v. Information Resources, Inc., 63 F. 3d 596 (7th Cir. 1995)

In Re: General Tire & Rubber Co. Securities Litigation, 726 F.2d 1057 (6th Cir. 1994)

Gelles v. TDA Industries, 44 F.3d 102 (2d Cir. 1994) (establishing new standards in the Second Circuit on the purchaser/seller requirement of SEC Rule 10b-5), also Fed. Sec. L. Rep. 1993 Transfer Binder 97,690 (S.D.N.Y. 1993), also Fed. Sec. L. Rep. 1990 Transfer Binder 96,110 (S.D.N.Y. 1991)

Easton & Co. v. Mutual Benefit Life Insurance Co., Fed. Sec. L. Rep. (CCH)1993 Transfer Binder 96,595, 97,294 and 97,348 (D.N.J. 1993)

Resolution Trust Corp. v. DiDomenico, 837 F. Supp. 623 (D.N.J. 1993)

  1. Rachael Lerch, et als. v. Citizens First Bancorp, et al., 805 F. Supp. 1142 (D.N.J. 1992), also 144 F.R.D. 247 (D.N.J. 1992) ($4 million settlement achieved for the benefit of the class)

Franz v. Raymond Eisenhardt Sons, Inc., 732 F. Supp. 521 (D.N.J. 1990)

Zinberg v. Washington Bancorp, et al., 138 F.R.D. 397 (D.N.J. 1990) ($2.1 million settlement achieved for the benefit of the class)

Rose Cammer, et als. v. Bruce M. Bloom, et als., 711 F. Supp. 1264 (D.N.J. 1989) ($15 million settlement achieved for the benefit of the class)

Willis v. Rubiera Zim, 705 F. Supp. 205 (D.N.J. 1988) (clarifying the right of arbitrators to award punitive damages on investors claims)

Reufenacht v. O’Halleran, 737 F.2d 320 (3d Cir. 1984), aff’d, sub. nom.
Gould v. Reufenacht, 471 U.S. 701 (1985) (the Supreme Court disavowed the sale of business doctrine, thereby confirming the right of those who purchase businesses by acquiring the corporate stock rather than the business assets to the protection of the anti-fraud provisions of the federal securities laws)

In Re: General Public Utilities Corporation Securities Litigation, Fed. Sec. L. Rep. (CCH) 1983-1984 Transfer Binder, 99,566 (D.N.J. 1983) ($24.5 million settlement achieved for the benefit of the class)

Abramowitz v. Posner, 672 F.2d 1025 (2d Cir. 1982), also 513 F. Supp. 120 (S.D.N.Y. 1981) (setting standards for shareholders derivative litigation in the Second Circuit)

Degenaars v. Degenaars, 186 N.J. Super. 233 (Ch. Div. 1982)

Turner v. Aldens, Inc., 179 N.J. Super. 596 (App. Div. 1981)

Roem v. Borough of Dumont, 176 N.J. Super. 397 (App. Div. 1980)

In re: General Tire & Rubber Co. Securities Litigation, 429 F. Supp. 1032 (J.P.M.L. 1977)

Scott v. Richstein, 129 N.J. Super. 516 (Law Div. 1974)

Crowell v. U.S., 1972 A.M.C. 2086 (D.N.J. 1972)

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