Robert D. Towey, Esq.
Partner

Robert Towey has been advising clients on complicated business matters for over 30 years. He is experienced in all phases of litigation, at both the trial and the appellate levels, and has tried numerous jury and non-jury cases. Bob’s focus is to avoid litigation and provide practical, strategic and successful solutions to his clients’ business problems. When such solutions are not possible, he draws on his extensive litigation experience to secure the best possible result for his clients.  Bob has represented a broad spectrum of corporations in many industries in consumer fraud class actions, contract disputes, trade name disputes, public contract bidding protests, Telephone Consumer Protection Act cases, creditors’ rights disputes, toxic tort actions, product liability cases, franchisee/distributor disputes, and disputes involving commercial real estate and land use issues.

He has handled breach of employment contract cases, enforcement of restrictive covenants, disputes over ERISA benefits, cases involving claims of wrongful termination and retaliation, whistleblower cases, and wage and hour matters before the Department of Labor.

Bob is also an advocate of giving back to the community. He is extremely proud of his leadership role as a member of the Board of Directors for Habitat with Humanity.

Representative Matters:

  • Defended a pharmaceutical company in an ERISA class action.

  • Defended major solar energy company in consumer fraud actions.

  • Defended a major telecommunications provider in a series of consumer cases brought under the Telephone Consumer Protection Act.

  • Defended an energy company in a class action case brought under the Telephone Consumer Protection Act.

  • Defended a corporation in an action brought under the Telephone Consumer Protection Act challenging the client’s debt collection practices.

  • Defended an energy company in a class action consumer fraud case regarding the marketing of energy services.

  • Defended a telecommunications provider in a consumer fraud class action regarding the provision of directory assistance service.

  • Defended an energy company in a consumer class action alleging consumer fraud and other false advertising claims.

  • Defended a manufacturer of medical devices in product liability and wrongful death cases.

  • Defended a manufacturer of telecommunication equipment in a multimillion-dollar claim for breach of contract and theft of trade secrets.

  • Represented a commercial real estate developer in litigation contesting the award of a public contract to a competing developer.

  • Represented pharmaceutical companies in actions brought against the New Jersey Department of Health and Human Services as a result of efforts by the state to collect retroactive rebates for pharmaceutical products that were unilaterally included by the state in its New Jersey WorkFirst Program.

  • Defended a telecommunications provider in litigation contesting the award of a public contract to a competitor.

  • Defended a major chemical manufacturer in a mass tort action arising out of alleged injuries from exposure to benzene products.

  • Represented a commercial real estate developer in a dispute arising out of the release of chemicals and asbestos and the contamination of property, as well as regarding insurance coverage issues.

  • Represented a surgical center with respect to the appeal of a multimillion-dollar jury verdict against the center in a case tried by another law firm.

  • Represented a surgical center in a significant whistle-blower case brought by a former employee who alleges claims for fraud, misrepresentation and breach of contract as well as counterclaims for theft and conspiracy.
     

Presentations and Publications
 

  • Presenter, Courtroom Etiquette — Proper Demeanor and Conduct for Trial Attorneys.

  • Presenter, Representing the Corporation and its Constituents — Ethical Considerations for Counsel.
     

Published Works
 

  • Third Circuit Expands Standing for TCPA Violations - Co-Author, New Jersey Law Journal (February 1, 2016)

  • TCPA, 2nd Circ. And Jurisdiction — Call Me ... Maybe? - Law360 -Author, September 25, 2013)

  • False Advertising Claims On The Rise, Food Manufacturing  - Co-Author, (June 12, 2012)

  • New Jersey Retroactively Levies Rebate Payment Obligations on Non-Participating Pharmaceutical Manufacturers Under the WorkFirst New Jersey General Public Assistance Act, Business Litigation Client Alert -  Co-Author, (April 2011)

  • Author, CMS Disclosure Requirement of Physician Ownership Interests before Procedures Effective May 18, 2009, Healthcare Law and Practice Alert (May 14, 2009)

  • Assembly Health and Senior Services Committee Changes to Proposed Codey Act Amendment, Healthcare Law and Practice Alert  -  Author (June 2008)

  • Assisting Telecom Clients as Creditors in Bankruptcy Proceedings, Inside the Minds: Telecommunications Client Strategies  - Author (2008)

  • Congressional Inaction Threatens Judicial Independence, The Metropolitan Corporate Counsel  - Co-Author (April 2008)

  • Time Really Does Matter: Making Sure That Public Bidding Protests are Heard, Public Contracts and Bidding Law Alert - Author, (January 2008)

  • Impermissible “Self-Referrals” to Physician-Owned Outpatient Facilities — All Bark and No Bite, Healthcare Law and Practice Alert - Author, (January 2008)

  • Debtor’s Assumption of an Executory Contract Is Really a Shield From Preference Liability, Managing Credit Receivables & Collections -  Author, (June 2004)

  • LaRoche and Offspring Close Door on the ‘New’ Preference Defense, Managing Credit Receivables & Collections - Author, (February 2004)

Litigation

Education:
Seton Hall University School of Law, J.D.
Business editor, Seton Hall Law Review
Drew University, B.A.

Areas of Specialty:

Commercial Litigation

Complex business disputes

Class action defense

Admitted to Practice:
New Jersey
Third Circuit Court of Appeals
U.S. District Court (D.N.J.)

Associations & Memberships:
New Jersey State Bar Association

 

Honors & Awards:
Best Lawyers, Commercial Litigation; Insurance Law, 2013 – 2019
Super Lawyers, 2008 – 2009, 2011 – 2018

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