Peter S. Pearlman practices primarily in the areas of commercial litigation and business transactional work. Mr. Pearlman was graduated from the University of Illinois and Seton Hall University School of Law. He is admitted to practice and has represented clients before all state and federal courts in the State of New Jersey; and Northern District of California; the United States District Court for the Southern District of New York, the United States Circuit Courts of Appeals for the Second, Third, Fourth, Seventh and D.C. Circuits; and the United States Supreme Court. He has been permitted to appear pro hac vice before a number of state and federal district courts throughout the United States. He also regularly represents clients before the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers and regulatory and arbitration functions of the NYSE) and other self-regulatory organizations. He has been certified four times by the Supreme Court of New Jersey's Board on Trial Attorney Certification as a civil trial attorney, a certification which has been given to less than 2% of the attorneys in New Jersey. He is AV rated by Martindale and Hubbell.
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 and is a Master of The C. Willard Heckle Inn of Court. He is also a member and trustee of the Association of the Federal Bar of New Jersey.
Cases in which Mr. Pearlman has been involved have been the subject of more than 50 published opinions, many of which have established important legal precedents.
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 Executive Committee of the firm.
Selected Published Cases
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 estable 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 liberalized pleading standards for plaintiffs in shareholder derivative litigation, rejecting the more rigid Delaware standards)
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
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)
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: Cendent 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)
V. 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)
