Gregory R. Haworth
Partner
Duane Morris LLP
One Riverfront Plaza
1037 Raymond Boulevard, Suite 1800
Newark, NJ 07102-5429
USA
Phone: +1 973 424 2014
Fax: +1 973 424 2001
Email: GRHaworth@duanemorris.com

Gregory R. Haworth focuses his practice on commercial and business litigation, bankruptcy and banking litigation, commercial real estate disputes, defense of consumer claims, trust disputes, shareholder disputes and class action disputes. His knowledge of bankruptcy and commercial law makes him a versatile advocate and business counselor. He has litigated matters in numerous forums that include the federal, state and bankruptcy courts in New Jersey, New York and other states.

Mr. Haworth was recognized in Chambers USA: America's Leading Lawyers for Business in the area of commercial litigation in New Jersey. Clients commend his strong courtroom presence and excellent analytical skills. He is a member of the Bankruptcy Law and Banking Law sections of the New Jersey State Bar Association and the Federal Bar Association.

Mr. Haworth is a 1982 graduate of Rutgers School of Law - Newark, where he was a member of the Law Review, and a graduate of Franklin College.

Areas of Practice

• Trial
• Creditors' Rights
• Consumer Fraud and Protection
• Bankruptcy
• Banking and Trust
• Appellate Litigation

Representative Matters

• Class Action – State Court. Served as lead counsel for bank group named as defendants in three separate class action suits consolidated on appeal. The banks were charged with improperly charging attorney review fees to residential borrowers. The unfavorable decisions of the trial courts were reversed on appeal in Turner v. First Union National Bank, 314 N.J. Super. 33 (App. Div. 1998) and affirmed by the New Jersey Supreme Court in Turner v. First Union National Bank, 162 N.J. 75 (1999).
• Class Action – Federal Court. Represented one of the 10 largest banks in the United States against a claim that the defendant banks had conspired to set the prime rate as reported to various financial publications that publish prime rate indexes. The dismissal of the suit was affirmed on appeal. Lum v. Bank of America, 361 F.3d 217 (3d Cir. 2004), cert denied, 125 S.Ct. 271 (2004).
• Debt Restructuring and Commercial Foreclosure of Real and Personal Property. Represents lenders in commercial foreclosures of real and personal property as well as the restructuring of bad debt. He is currently handling the foreclosure of a defaulted $65 million debt on a mixed-use project in New Jersey. He also represents a client that holds in excess of $100 million in securitized senior notes that are in default. He is pursuing litigation and structuring workouts in numerous states to collect on the collateral securing the senior notes.
• Directors and Officers Litigation. Represents officers and directors of public and private corporations against claims filed by shareholders, including breach of fiduciary duty and fraud claims. Recently, he successfully defended officers and directors at trial in a New Jersey bankruptcy court.
• Fiduciary Litigation – Federal Court. Obtained summary judgment on behalf of bank serving as a depository agent under the Federal Aviation Act. The case involved novel issues of whether a private right of action exists under the FAA, and, if not, whether state law claims could nonetheless be sustained. Synovus Bank v. Valley National Bank, 487 F. Supp. 360 (S.D.N.Y 2007).
• Bank Syndication Litigation – Federal Court. Representing agent bank in lending syndication in action where bank group member sought $10MM in damages alleging breach of contract and breach of fiduciary duty. Obtained summary judgment on behalf of the agent bank.
• LBO Fraudulent Transfer Litigation – Bankruptcy Court. Represented a bankruptcy trustee in action to set aside a creditor's lien on the debtor's assets obtained when the creditor funded a leveraged buyout.
• Fidelity Bond Litigation – Federal Court. Represented fidelity bond carrier in an action that resulted in one of the seminal cases dealing with fidelity bond interpretation. Resolution Trust Corp. v. Fidelity and Deposit Co. of Maryland, 205 F.3d 615 (3d Cir. 2000).
• Jury Trial. Successfully represented a corporate plaintiff in breach of contract claim tried before a jury over five days, resulting in a $2.4 million verdict.
• Shareholder Disputes. Represents shareholders of closely held corporations in disputes filed under the Minority Shareholder Oppression Act.
• Consumer Litigation. Represented defendants in class action and individual suits alleging violations of federal and state consumer laws, including TILA, HOEPA, RESPA and state consumer protection laws.
• Insurance Litigation. Obtained decision on behalf of an insurer affirming summary judgment dismissal of Arthur Andersen's claim seeking coverage under an all-risk commercial property insurance policy for $204 million in business losses that allegedly resulted from property damage to the World Trade Center and Pentagon on 9/11. Arthur Andersen LLP v. Federal Ins. Co., 3 A.3d 1279 (2010), 416 N.J. Super. 334 (App. Div. 2010).

Published Decisions

• Turner v. First Union National Bank, 162 N.J. 75 (1999), affirming, Turner v. First Union National Bank, 314 N.J. Super. 33 (App. Div. 1998)
• Lum v. Bank of America, et al., 361 F.3d 217 (3d Cir. 2004), cert denied, 125 S.Ct. 271 (2004)
• Port Authority of New York and New Jersey v. Affiliated FM Ins. Co., 311 F.2d (3d Cir. 2002)
• Resolution Trust Corp. v. Fidelity and Deposit Co. of Maryland, 205 F.3d 615 (3d Cir. 2000)
• New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc., 101 F.3d 1492, 65 USLW 2402 (3d Cir. 1996)
• Synovus Bank v. Valley National Bank, 487 F. Supp. 360 (S.D.N.Y 2007)
• Resolution Trust Corp v. Minassian, 777 F. Supp. 385 (D.N.J. 1991)
• Arthur Andersen LLP v. Federal Ins. Co., 3 A.3d 1279 (2010), 416 N.J. Super. 334 (App. Div. 2010)
• Laufer v. The United States Life Insurance Co., 385 N.J. Super. 172 (App. Div. 2006)
• Touch of Class Leasing v. Mercedes-Benz Credit of Canada, Inc., 248 N.J. Super. 426, 591 A.2d 661, 15 UCC Rep. Serv. 2d 471 (App. Div. 1991)
• Stiso v. Inserra Supermarkets Inc., 179 A.D.2d 878, 578 N.Y.S.2d 680 (N.Y.A.D. 3 Dept.) (1992)

Professional Activities

• American Bar Association
• New Jersey State Bar Association
  - Bankruptcy Law Section
  - Banking Law Section
• Federal Bar Association

Admissions

• New Jersey
• U.S. District Court for the District of New Jersey
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Second Circuit

Education

• Rutgers School of Law - Newark, J.D., 1982

Experience

• Duane Morris LLP
  - Partner, 1999-present
• Cole, Schotz, Meisel, Forman & Leonard, Hackensack, New Jersey
  - Partner, 1989-1999
  - Associate, 1983-1988
• Superior Court of New Jersey
  - Judicial Clerk, Honorable Wilfred P. Diana, 1982-1983

Board Memberships

• Board of Trustees, Union County United Way
• Board of Trustees, Plainfield Symphony
• Board of Trustees, New Jersey Volunteer Lawyers for the Arts

Civic and Charitable Activities

• President, United Way of Plainfield, North Plainfield, Fanwood and Scotch Plains
• Vice President of Development, The Plainfield Symphony Society

Honors and Awards

• Listed in Chambers USA: America's Leading Lawyers for Business, 2006-2013 editions
• Listed in Best Lawyers in America, 2010-2012
• Listed in New Jersey Super Lawyers, 2005-2013
• Listed in Super Lawyers, Corporate Counsel Edition, 2010-2012
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
• Rutgers Law Review
• Blue Key National Honor Society

Selected Publications

• Co-author, "Pa. Appellate Court Issues Opinion in Dietz v. Chase Home Finance, LLC, Clarifying Preemption of State Common Law Claims by Fair Credit Reporting Act," Duane Morris Alert, April 16, 2012
• "Shunning the Errors of the 1980's in Today's Resurging Market," New Jersey Law Journal, March 1995.
• "Recent Decisions Favor Lenders Over Borrowers," New Jersey Law Journal, February 1995.
• Co-Author, "Collecting Judgments in New Jersey," published by the National Business Institute, 1998.
• Note, "Foreign States Sued for Their Acts Abroad: A Uniform Analysis Under the Foreign Sovereign Immunities Act," 34 Rutgers Law Review, 538, 1982.

Selected Speaking Engagements

• Speaker, "Strategies for Making the Expert a Better Witness," New Jersey Society of Certified Public Accountants' Business Valuation, Forensics Investigation & Litigation Services Conference, Edison, New Jersey, September 23, 2010
• Speaker, "Deposition Pitfalls for Experts and How to Avoid Them," New Jersey Society of CPAs, 2008 and 2009 Annual Meetings
• Moderator and Panelist, "Valuation of Businesses and Collateral in Commercial Workouts," Association of Insolvency and Restructuring Advisors, Chicago, Illinois, June 2007
• Panelist, "Electronic Discovery in the Federal Courts," Annual Bankruptcy Bench Bar Conference, New Brunswick, New Jersey, April 21, 2006
• Panelist, "Detecting and Responding to Fraud Schemes: Ponzi Schemes, Intercompany Transfers, Collateral Audits and Bust-Outs," Association of Insolvency and Restructuring Advisors Annual Meeting, Grapevine, Texas, June 23, 2004
• Panelist, "Effective Bankruptcy Trial Practice," Annual Bankruptcy Bench Bar Conference, East Brunswick, New Jersey, March 12, 2004
• "Nuts and Bolts of Effective Bankruptcy Trial Practice," Annual Bankruptcy Bench-Bar Conference, East Brunswick, New Jersey, April 2001
• Organized and Participated, "Financial Institution Litigation After the Enactment of the Gramm-Leach-Bliley Act," sponsored by The Financial Services Litigation Group of the New Jersey State Bar Association, Newark, New Jersey, March 30, 2000.
• Moderator, "Litigation of Class Action Lawsuits," New Jersey State Bar Association Annual Meeting, East Rutherford, New Jersey, May 1998.
• Panelist, "Winning Strategies in Complex Litigation," New Jersey Corporate Counsel Fall Meeting, Parsippany, New Jersey, November 1997.
• Panelist, "Current Banking Litigation Issues," New Jersey State Bar Association's Banking Law Section, New Brunswick, New Jersey, September 1997.
• Panelist, "Issues Pertaining to Automatic Stay Litigation," Fourth Annual Bankruptcy Bench-Bar Conference, Princeton, New Jersey, April 1996.