Clark E Alpert, Attorney
Clark Alpert is the founding partner of Alpert Butler & Weiss, P.C. Prior to founding the firm, Mr. Alpert was a partner with Greenberg Margolis, a prominent fifty-attorney New Jersey law firm, and headed its twenty-five-lawyer litigation department.
Mr. Alpert has extensive experience in complex litigation in both New Jersey and New York, including commercial litigation, banking and financial matters, antitrust, intellectual property, governmental matters, and construction disputes. The hallmark of Mr. Alpert's approach to litigation has been his aggressive, innovative approach to complex cases, for which he has earned considerable recognition, while simultaneously remaining cognizant that a client's interests are often best served by amicable resolution when possible. Mr. Alpert has represented a wide variety of public and private clients, often in complex matters, including international, national, regional, and local businesses; bank regulatory agencies, banks and other lenders; and borrowers, developers and commercial real estate owners. He has represented both bank boards and zoning boards. He has also represented lawyers and doctors in disciplinary and litigation matters involving charges of misconduct or ethics violations.
Mr. Alpert's extensive experience with litigation and commercial disputes often leads to clients consulting him on their transactional matters as well, for advice on deal structuring' and dispute avoidance. These clients find that a draftsman's decades of litigation experience can help identify contract issues that could yield future disputes absent careful efforts at the earliest stages.
Mr. Alpert is the Author of Guide to New Jersey Contract Law, published by New Jersey's Institute for Continuing Legal Education in 2007. He has also revised the "Malpractice" chapter of the seminal treatise for attorneys, Arthur Horn on Residential Real Estate, most recently in 2007.
Mr. Alpert has appeared in some of New Jersey's most prominent litigation matters, and has also been involved in a number of precedent-setting cases of national significance. For instance, he represented the County of Essex, State of New Jersey in litigation to compel statewide funding of New Jersey's court system. In addition to representing the attorney responding to the State's highest-profile ethics case at present, he represented the plaintiffs in one of the leading attorney liability cases in New Jersey, Packard-Bamberger & Co., Inc. v. Collier, 167 N.J. 427, 771 A.2d 1194 (2001), and another well-known attorney-liability matter, Marshall v. Fenstermacher, 388 F.Supp.2d 536 (E.D. Pa. 2005), further proceedings, 2007 WL 2892938 (E.D.Pa. 2007).
Mr. Alpert also received wide recognition for utilizing the civil writ of capias ad satisfaciendum (body execution) in several publicized cases, including a precedential decision, Marshall v. Matthei, 327 N.J.Super. 512, 744 A.2d 209 (App.Div. 2000), and an earlier matter in which he successfully obtained a $29 million judgment on behalf of Golden Nugget, Inc., which became Mirage Resorts, Inc., then also represented the FDIC in the same matter, In re Bona, 110 B.R. 1012 (Bktcy.S.D.N.Y. 1990), affd. 124 B.R. 11 (S.D.N.Y. 1991). He authored a trade association amicus brief supporting the prevailing party in MetLife Capital v. Washington Avenue, 159 N.J. 484, 732 A.2d 493 (1999); which established principles concerning lenders' default charges. In addition, Mr. Alpert authored the amicus brief that helped establish the law nationwide as to securitizing "warehouse" lines of credit for mortgagees. In re Kennedy Mortgage Co., 17 B.R. 957 (D.N.J. 1982).
In terms of New York litigation, Mr. Alpert achieved success in a prominent commercial litigation matter affecting a well-known New York City business; Urban Archaeology Ltd. v. Dencorp Investment Inc., 12 A.D. 3d 96, 783 N.Y.S.2d 330 (1st Dept. 2004). He has also handled other significant commercial litigation in New York, including American Shelter Corp. v. Hirsch, Index Number 3400-04 (Rockland Sup.Ct. 2004) (arises from some of the same facts as Pediatric Affiliates v. United States, 2007 WL 1113785 (3d Cir. 2007)), a creditor's-rights suit involving bistate use of writs of attachment, and related-party liability' issues; Mandell v. Isaacs, Index No. 600276/2006 (N.Y.Sup.Ct. 2006) (available at http://iapps.courts.state.ny.us/webcivil/FCASDocumentSearch), a prominent shareholder dispute; North Fork Bank v. Quadrozzi Concrete, Index Number 8293-94 (Queens Sup. Ct.), where he successfully resisted the Bank's summary judgment motion for over $5 million; and Samantha Enterprises v. Elizabeth Street, 5 A.D.3d 280, 774 N.Y.S.2d 681 (1st Dept. 2004), involving a partnership/business opportunity dispute.
Mr. Alpert has appeared before the state and federal appellate courts in New Jersey and New York, as well as the U.S. District Court and Court of Appeals in Pennsylvania. In particular, he has been counsel of record in a number of the highest profile cases decided by New Jersey's appellate courts.
As counsel to Resorts Casino Hotel in certain prominent trademark litigation, Mr. Alpert obtained a preliminary injunction halting the defendant's improper use of the tradename "Paradise Isle" as an infringement upon his client's unregistered trademark "Paradise Island." Resorts Casino Hotel v. Greate Bay t/a Sands Hotel Casino, 1991 WL 352487 (D.N.J. 1991). He has handled prominent trademark litigation for other casinos as well. He has also been involved in other significant gaming litigation, including U.S. v. $734,578.82 in U.S. Currency, 286 F.3d 641 (3rd Cir. 2002).
Mr. Alpert represented the Mortgage Bankers Association of New Jersey for years in complex litigation affecting all real estate and mortgage brokers in New Jersey, MBA-NJ v. New Jersey Real Estate Commission, 200 N.J. Super. 584, 491 A.2d 1317 (App.Div. 1985), remanded 102 N.J. 176, 506 A.2d 733 (1986), affirmed after remand 283 N.J. Super. 233, 661 A.2d 832 (App.Div. 1995). He also represented the Township of West Orange in litigation against the State and Federal governments relating to group homes. Twp. Of West Orange v. Whitman, 8 F.Supp.2d 408 (D.N.J. 1998). In addition, he has handled a number of antitrust matters, including a precedential ruling in Ideal v. John Labatt Ltd., 1992 U.S. Dist. LEXIS 20467 (D.N.J. 1992), further proceedings 90 F.3d 737 (3d Cir. 1996), and another well-known case, Ideal Dairy Farms, Inc. v. Farmland Dairy Farms, Inc., 1991 WL 279430, 1991-2 Trade Cases 69,632 (N.J.Super.Ch. 1991), reversed 282 N.J.Super. 140, 659 A.2d 904, 1995-2 Trade Cases 71,074 (App.Div. 1995), certif.den. 141 N.J. 99, 660 A.2d 1197 (1995); and has authored articles entitled Special Limitations Rules for Private Antitrust Suits, 133 N.J.L.J. 11 (1993), Discerning the Limits of Fuzzy FDIC Rule, 141 N.J.L.J. 1236 (1995), and Free the Amici, 151 N.J.L.J. 933 (1997).
Mr. Alpert's practice includes representation of professionals. In addition to representing attorneys in matters ranging from business issues to ethics, he has a substantial health care practice. He represents a number of physicians and medical practices in litigation, regulatory and other matters. He has also served as both a legal expert and a court-appointed agent; and has dealt with law firm, medical practice and accounting firm 'break-up' issues.
In addition to representation of parties in arbitration, Mr. Alpert has been appointed by the Superior Court of New Jersey to serve as special master and arbitrator in the resolution of complex disputes, involving commercial real estate, environmental issues, and attorney misconduct claims. He has been invited to join the Panel of one of the nation's leading ADR providers. Because of his broad experience in diverse litigation, chancery matters, ADR, and appeals, he is qualified to act as either a neutral or advocate in mediation, arbitration, and other alternate dispute resolution methods.
Mr. Alpert has also represented both law firms and clients involved in fee disputes, and has acted as an expert on such matters. He would also be able to assist as a neutral in resolving any such disputes.
Mr. Alpert has served as Master of the Justice William J. Brennan, Jr. Inn of Court. He has been a panelist for a number of ICLE seminars (continuing legal education for attorneys). One such seminar, entitled Confidentiality and Its Limitations, which Mr. Alpert has helped present on numerous occasions, involved issues of confidentiality, privilege, and protective orders. Another addressed the law of consumer fraud and deceptive trade practices. Mr. Alpert has presented seminars for other organizations concerning consumer fraud, including New Jersey Consumer Fraud Act (CFA): Raising the Stakes in Business Litigation. He helped present a seminar entitled Practical Legal Ethics in New Jersey: Issues and Answers.
Mr. Alpert has also been chosen by Lorman Education Services to conduct a number of regional seminars for attorneys involving commercial litigation, contracts, and banking. He was also selected to participate in an ICLE seminar concerning post-judgment procedures, and served as a panelist for a seminar presented by the Essex County Bar Association concerning prejudgment attachment.
Mr. Alpert received his J.D. degree in 1978 from Rutgers University School of Law, Newark, where he graduated in the top ten percent of his class in academic ranking, and his B.A. Degree in 1975 from Rutgers College, where he was Phi Beta Kappa. He is a member of the New York and New Jersey Bars, and is admitted to practice before the following federal courts: New Jersey District Court; Second Circuit; Third Circuit; Southern, Eastern and Northern Districts of New York; and United States Supreme Court.
|Education:||Rutgers The State University of New Jersey|
|Admissions:||U.S. District Court District of New Jersey 1978|
U.S. District Court Eastern District of New York 1987
U.S. District Court Northern District of New York 2001
New Jersey 1978
New York 1994
U.S. District Court Southern District of New York 1987
U.S. Federal Courts 1978
U.S. Supreme Court 1990
U.S. Court of Appeals 2nd Circuit 1982
U.S. Court of Appeals 3rd Circuit 1985
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