O’Toole Scrivo features a wealth of experience handling complex matters in appellate courts at the federal and state levels. Our lawyers provide a full array of legal services, but generally handle difficult and novel legal problems. The firm utilizes its significant trial experience to begin appellate advocacy early in the process because the manner in which matters are handled at the trial level dictates success on the appellate level. This integrated structure provides deep knowledge of a matter, allowing for creativeness and flexibility when appeals are necessary. Our lawyers are also often called upon to handle appeals in matters that were handled by other firms at the trial level.
O’Toole Scrivo represents clients in litigation involving public and closely held corporations and corporate officers, directors and shareholders. This includes litigation involving management and corporate control issues, mergers and acquisitions, shareholder appraisal rights, contract disputes, employment agreements, covenants not to compete, financial transactions and insurance coverage disputes. We also represent partnerships, partners and sole proprietors in similar types of business litigation.
The cannabis industry presents exciting opportunities for both established businesses and startups, as states and local governments move rapidly to authorize and regulate the cultivation, consumption, and sale of cannabis for medical and/or recreational purposes. From navigating the complex channels of regulatory compliance and licensing, to advising on issues related to land use, zoning, and labor and employment, O’Toole Scrivo’s Cannabis Law Group has extensive experience counseling clients on all aspects of the cannabis and industrial hemp industries. Our attorneys are uniquely situated to assist clients in achieving their business goals in this rapidly growing industry, and are actively representing clients participating in different sectors of the medical and legal cannabis industries.
Class action litigation represents an ideal match of O’Toole Scrivo’s abilities and client needs. Class actions usually require ongoing and frequent judicial intervention, for which our reputation serves clients well. The firm’s senior litigators bring decades of hands-on experience in the most sophisticated matters. Our clients’ business goals and objectives dictate our approach and our proven record of success is a key component to early and favorable resolution of class action matters. Our practice in this area has spanned a diverse range of substantive law issues. By involving our attorneys in the case at an early stage we can assist in pre-suit resolution, evaluating the merits of claims, potential removal, and class certification strategies. One of the firm’s partners is particularly well-respected in the field and is a contributing author to the “New Jersey Mass Torts and Class Action Treatise” published by the New Jersey Institute for Continuing Legal Education.
Almost all of O’Toole Scrivo’s attorneys are devoted to litigation. The partners at O’Toole Scrivo have tried hundreds of cases, including many of the most complex in their fields. We are ready, willing, and able to go to trial to prosecute claims or defend our clients. O’Toole Scrivo is accustomed to not only trying cases, but to delivering the results our clients expect. When settlement is the best option, our reputation and track record increase the chances for a favorable resolution. Our attorneys are not only substantive experts in their field, but with a significant number of certified trial attorneys at the firm, O’Toole Scrivo is well-regarded in the courts where we appear. We represent Fortune 500 corporations, government agencies, insurance companies, individual officers and directors of large companies, major investors, entrepreneurs, and closely held companies. We have in-depth experience in a number of industries, including pharmaceuticals; medical devices; healthcare; consumer products; construction; food and beverage; media and entertainment; finance; insurance; manufacturing; technology and communications; commercial real estate; and others. O’Toole Scrivo also believes that technology is integral to providing efficient, effective and successful legal services in complex matters. The firm strives to incorporate the most efficient and cost-effective technological resources in our clients’ litigation strategy.
A host of legal issues accompany every construction project, from the most basic project to more complex capital improvements. O’Toole Scrivo has experience representing parties in all facets of construction-related matters. Our attorneys have represented state and local governments and private clients on issues arising out of public procurement of construction and related services, including review of procurement documents and bid protests. Additionally, O’Toole Scrivo has represented clients in large-scale construction matters that may embroil a developer, contractor or builder in an extraordinarily complex and expensive process that can, if not carefully and strategically managed, result in unacceptable losses.
When a client is facing a serious and potentially irreparable incident that requires immediate attention, O’Toole Scrivo is the preeminent law firm to provide prompt advice and an effective plan of action. The firm’s roster of attorneys include a former Chief Counsel to the Governor of New Jersey, a former member of the New Jersey Senate, a Commissioner of the Port Authority of New York and New Jersey, the Chairman of the New Jersey Economic Development Authority, former Essex County Counsel, former Senior Counsel to the Governor, and a number of former prosecutors. This unmatched level of experience handling significant and highly-publicized matters gives O’Toole Scrivo the ability to navigate a client through the most serious of issues. In addition, the firm has strategic relationships with other crisis management professionals in the areas of public relations, communications, e-discovery, and cybersecurity to ensure our clients have the necessary resources at their disposal to quickly and effectively address any issue.
When faced with regulatory activity or litigation concerning accusations of contaminated land or water, experienced environmental attorneys who know the law and the relevant science and technology are crucial. At O’Toole Scrivo, we combine familiarity with scientific and medical concepts with proven litigation ability to ensure appropriate and effective representation of our clients. We counsel clients in the full range of environmental matters, including site remediation, air, water, natural resources, hazardous waste, toxic torts and permitting. Our experience includes representing clients in environmental and toxic tort litigation, penalty and enforcement matters, natural resource damage claims and in permitting and compliance controversies concerning both state and federal statutes and regulations, including CERCLA, RCRA, ISRA, the Underground Storage Tank Act, the Spill Compensation and Control Act, the Federal and State Wetlands Acts, TSCA, and the Air Pollution Control Act.
O’Toole Scrivo attorneys have unique expertise acting as fiduciaries and court appointees in various capacities, including administrators of estates, court-appointed counsel, guardians ad litem, discovery masters, special fiscal agents, and trustees. Judges throughout the region have entrusted the firm’s attorneys to oversee significant estates, manage discovery in the most complex matters, and supervise companies paralyzed by shareholder disputes. This experience also gives O’Toole Scrivo the ability to skillfully represent attorneys and individuals appointed to these important positions.
Attorneys at O’Toole Scrivo have held high-level positions in all facets of government, including the Governor’s Chief Counsel, State Senator, Chair of the Economic Development Authority, Commissioner of the Port Authority of New York and New Jersey, Essex County Counsel, and Senior Counsel to the Governor. The firm’s attorneys possess strong relationships with officials throughout the State of New Jersey and are prepared to obtain the necessary relief for clients in all matters, including regulatory, legislative, and financial incentives. The firm works closely with companies in all sectors to break through red-tape, secure public-sector funding, and advance important legislative and regulatory initiatives.
Now more than ever the regulatory landscape in healthcare is changing at a rapid pace. This requires attorneys with a commanding knowledge of the most recent laws and regulations and an ability to provide clients with innovative approaches to resolve matters. The firm’s attorneys have spent years working with and overseeing the operations of the New Jersey Departments of Health, Human Services, Children and Families, and Banking and Insurance, providing the firm with an expansive knowledge base to respond to the ever-changing needs of our healthcare clients. O’Toole Scrivo attorneys counsel clients on such regulatory and licensing matters as: third party reimbursement, appeals, and disputes; state and federal licensing; Medicare; Medicaid; Stark Law and Anti-Kickback Statute compliance; managed care contracting; credentialing; qui tam (whistleblower) action defense; and all regulatory aspects of mergers, affiliations, and divestitures.
The attorneys at O’Toole Scrivo have decades of insurance law experience and have successfully provided insurers with all facets of insurance services, including commercial insurance defense, coverage opinions, claims audits, and subrogation and recovery. O’Toole Scrivo’s insurance clients have trusted the firm to represent them in high-exposure and other significant coverage litigation in many areas, including construction defects; mass torts; personal injury; premises liability; product liability; professional liability; and employment matters. The firm’s attorneys have tried hundreds of matters to verdict and litigated cutting-edge legal issues that have helped shape complex insurance law issues. The firm has built on this experience by forming close relationships with insurance clients so that we can help them meet their obligations while protecting their interests.
O’Toole Scrivo provides a full range of labor and employment services to clients. From counseling clients on daily employment issues to the handling of the most complex litigation, our labor and employment attorneys have the experience, skills and commitment to client service to fit your needs to minimize the risks inherent in today’s workplace. Having counsel in defending and preventing claims in the areas of sexual harassment, employment discrimination and wrongful discharge is essential to a healthy business environment. In addition, compliance with the Americans With Disabilities Act, the Family Medical Leave Act, Wage and Hour laws, Occupational Safety and Health Act, workers’ compensation laws and other state and federal laws is vital to many employers. The firm’s attorneys also have experience in negotiating collective bargaining agreements in the public and private sectors. Our attorneys are keenly aware that client representation means not only providing the highest quality, result-oriented legal services, but doing so in a manner that is cost effective and consistent with the clients’ goals. We recognize that sound business judgment is every bit as important as sound legal judgment.
O’Toole Scrivo’s attorneys have extensive experience in virtually all aspects of real estate law including acquisitions and sales, development, financing, commercial leasing, tax appeals, foreclosures, workouts, zoning and planning, ISRA and other regulatory permitting and compliance, as well as litigation related transactional matters. In the area of commercial and industrial real estate transactions, the firm represents these clients in all types of real estate matters, including contracts, acquisitions, sales, assignments, like-kind exchanges, zoning and land use issues. The firm’s real estate clients also include developers and the firm has been involved in every phase of the development process: acquisition, assemblage, land use, amenity planning, application, design and construction documentation, financing via institutional lending, domestic or international partnerships/joint ventures, and operational issues. Our attorneys are skilled in zoning and planning matters including project facilitation, environmental permitting, subdivision, amenity bonuses, and other approvals for commercial, residential and mixed-use projects. The firm also has successfully achieved reductions in property taxes, obtained tax abatements and exemptions for qualified taxpayers, and negotiated state and local incentive packages for commercial clients and nonprofits entities.
Attorneys at O’Toole Scrivo have been called on when firms and individual attorneys need highly experienced counsel to handle their most significant and sensitive matters. Our attorneys have experience representing AmLaw 100 law firms and their attorneys in complex “bet the firm” litigation. The firm has defended legal malpractice, conflict of interest, breach of fiduciary duty and fraud claims, represented attorneys in disciplinary proceedings before the Office of Attorney Ethics, untangled disputes over partnership compensation and dissolution, opposed disqualification motions, and represented firms facing non-party subpoenas. Our readiness to go to trial when necessary can often lead to early case resolution, and we have an exceptional success rate with dispositive motions.
O’Toole Scrivo attorneys have represented every type of municipal and local government and instrumentality and are acutely aware of the ever-increasing number of complex and significant legal issues facing public-sector clients who are at the same time dealing with sensitive budgetary constraints. The firm has successfully represented municipal and local governments in actions in lieu of prerogative writs, claims against public entities under the New Jersey Tort Claims Act and Section 1983, labor and employment matters, redevelopment, elections, ethical matters, and public bidding disputes. Our attorneys also regularly appear before planning boards and boards of adjustment, representing both applicants and objectors. We also handle appeals from decisions of planning boards and boards of adjustment, and regularly appear before County Boards of Taxation, the Tax Court of New Jersey, and the Public Employee Relations Commission.
The product liability team at O’Toole Scrivo has the scientific and technical expertise, as well as the legal knowledge, to sort through the issues involved and provide an appropriate defense for manufacturers and others facing product liability claims. The firm provides counsel on a broad range of product liability matters. Our attorneys have successfully defended product liability lawsuits involving mass torts, alleged defective medical devices, construction products, automotive products, and other consumer products. We are also well-versed in the administration of multi-district litigation (MDLs).
O’Toole Scrivo’s professional liability defense practice provides counsel to a variety of professionals, including attorneys, engineers, architects, accountants, title agents, and mortgage brokers. We have significant experience representing management in employment litigation as well as defending actions brought under directors and officers policies. Our attorneys are at the forefront of professional liability law and have been the attorneys of record in many published cases. With expertise in most areas of professional liability defense and licensing matters, our attorneys are fully capable of investigating, litigating, and trying professional negligence cases. O’Toole Scrivo represents clients in various circumstances, including the insureds of major insurance companies and professionals in ethics related matters.
Legal Malpractice Defense
O’Toole Scrivo attorneys have successfully defended lawsuits against attorneys and their law firms ranging from sole practitioners to AmLaw 100 law firms. The defense of attorneys involves understanding the underlying matters at the center of a legal malpractice claim. These include business transactions, matrimonial litigation, real estate, public and private employment matters, healthcare, criminal matters, and other complex actions. O’Toole Scrivo draws on its broad range of experience to analyze the underlying actions and defend professional negligence claims. Our attorneys have experience handling malpractice claims in the “case within a case” format as well as those arising from transactions or the alleged mishandling of settlements. We focus on the early resolution of professional negligence claims through dispositive motions or alternate dispute resolution, which is required by law in many jurisdictions. If pre-trial resolution cannot be achieved because of an unreasonable plaintiff or a complex liability issue, O’Toole Scrivo has the resources and experience to try any case to verdict.
Architects and Engineers
O’Toole Scrivo attorneys have also successfully represented commercial construction companies, engineers and architects in a wide range of litigated matters stemming from the design and construction of private and public projects. O’Toole Scrivo is able to draw from its wealth of specialized experience in construction defect and construction site accident cases to defend professional negligence claims against architects and engineers. O’Toole Scrivo regularly defends actions against construction companies, engineers and architects for breaches of contract, construction defects, construction delays as well as construction site accidents resulting in personal injury and property damage.
O’Toole Scrivo is often retained to conduct highly sensitive, internal investigations for the purpose of identifying breaches of policy regarding the protection of proprietary data, betrayal of the corporate trust, breach of fiduciary obligations, and violations of state or federal laws and regulations. With a deep bench of former government attorneys and prosecutors, O’Toole Scrivo is prepared to assist clients in investigating any internal issue. When facing criminal charges, O’Toole Scrivo’s white-collar attorneys have been successful in keeping many of their clients from being charged and avoiding publicity about investigations. When unable to resolve such matters quietly, we have vigorously defended our clients at trial. Our attorneys have represented individuals and companies in a vast array of criminal matters, including public corruption, health care, environmental, tax, banking, bribery, false claims, food and drug, campaign finance, ERISA, labor relations, RICO, trade secrets, perjury, false statements, obstruction of justice, money laundering, mail and wire fraud, and conspiracy. O’Toole Scrivo attorneys are known for fighting aggressively on behalf of clients, even in the face of threatened prosecutions and regulatory actions. Our aggressive approach has often resulted in the termination of federal and state investigations without charges or penalties.
Mass torts claims handled by our attorneys number in the tens of thousands. Attorneys at our law firm are thoroughly familiar with the science and medicine involved in a wide range of toxic tort litigation, including asbestos, talc, benzene, petrochemicals, welding rod disease, pesticides, electromagnetic frequencies, sick building syndrome, mold contamination, latex, PCBs, silica, occupational diseases, and lead paint. Our toxic tort attorneys represent product manufacturers and property owners in toxic tort and sick building litigation. Our toxic torts team has an office staff and technical capabilities to efficiently manage national coordination of mass tort litigation.
O’Toole Scrivo’s Trusts and Estates attorneys work extensively in estate and trust administration. Our trust and estate administration practice involves the probate of wills; preparation and filing of both state and federal income, gift, estate, and generation-skipping transfer tax returns; preparation and settlement of executor and trustee accounts; and trust and estate litigation. The administration of clients’ estates and the operation of their trusts require skill on the part of executors and trustees. We regularly counsel banks, trust companies and individuals regarding their duties as fiduciaries. O’Toole Scrivo also offers highly skilled litigation attorneys with in-depth knowledge of trust and estate and tax issues. A key attribute of our litigators is their actual courtroom trial experience in these matters.