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Biography

Mr. Wohlforth is a business litigator and appellate practitioner advocating on behalf of business interests, primarily in the federal courts but also in state courts, arbitrations, and mediations throughout the country. He combines wide experience with the complex and technical issues that arise in sophisticated litigation with an ability to identify and achieve practical solutions in commercial disputes. Mr. Wohlforth particularly focuses on health law matters, having represented major payors in litigated matters in federal and state trial and appellate courts and in arbitrations. He is listed as counsel on numerous published and unpublished opinions in the ERISA field and is frequently called on for his proficiency in other code-based areas of federal law, such as intellectual property and RICO bankruptcy litigation, as well as in complex class and multi-district actions involving a wide range of commercial issues. Mr. Wohlforth has represented clients in the federal district and bankruptcy courts of New Jersey, New York, Delaware, Idaho, Kansas, and Pennsylvania; the Second and Third Circuit Courts of Appeals; the state trial and appellate courts of New Jersey, Florida, New York, and Nevada; and the trial courts of North Carolina and California. Recent representative cases include serving as appellate counsel to the New Jersey Supreme Court regarding an adverse verdict in a large contract dispute. In the health arena, Mr. Wohlforth recently represented a major payor in a class action before the Second Circuit, secured the dismissal of a putative ERISA class action concerning payment for an unproven medical procedure, and defended an appeal to the Third Circuit regarding a coverage issue of statewide significance. He is currently handling numerous trial level matters in the United States District of New Jersey and the Southern District of New York.

Mr. Wohlforth’s broad experience in substantively and procedurally complex matters and his frequent appearances in the courts in New Jersey and elsewhere have made him viewed as a trusted authority and advocate by litigants and judges alike. The Federal District of New Jersey has called on him to act as pro bono counsel in prisoners’ rights class action litigation. Mr. Wohlforth serves on the Gibbons Professional Responsibility Committee, assisting the General Counsel of the firm. He has served as adjunct professor of law at Rutgers Law School – Newark, where he taught trademark and copyright law. He has spoken at continuing legal education seminars and trade group meetings on insolvency and intellectual property topics.

Other Info About E.

Experience

Legal Work Highlights

Recent Matters:

  • Appeal to the New Jersey Appellate Division and Supreme Court in a business contract matter
  • Dismissal of putative class actions, one concerning an unproven medical procedure and one concerning national billing practices in the ERISA benefits field
  • Appearance as litigation counsel in complex, nationally-known asbestos-related bankruptcies
  • Representation of a bond trading house against an issuing authority in the Florida courts, both at the trial level and on appeal
  • Appeal to the Third Circuit in a trade secret matter
  • The Opinion 39 attorney advertising matter decided by the New Jersey Supreme Court
  • Representation of litigated matters for a bankruptcy trustee
  • Combining his intellectual property and bankruptcy experience, counseling of the debtor on licensing issues and litigation of its rights in the bankruptcy court during the firm’s representation of John Gibbons as chapter 11 trustee of Marvel Entertainment Group.

Prior to joining Gibbons, Mr. Wohlforth served a five-year appointment as permanent law clerk to the Hon. Alfred M. Wolin, United States District Judge. Mr. Wohlforth was primarily responsible for the management of several nationally known, complex litigation matters, including the Prudential Sales Practices Litigation, the Mercedes-Benz Antitrust Litigation, and five very large, asbestos-related chapter 11 proceedings involving Fortune 500 debtors.

Officially reported cases:

  • Zazzali v. Hirschler Fleischer, P.C., 482 B.R. 495 (D. Del. 2012)
  • Franco v. Conn. Gen. Life Ins. Co., 818 F. Supp. 2d 792 (D.N.J. 2012)
  • Zazzali v. Swenson, 852 F. Supp. 2d 438 (D. Del. 2012)
  • Capital Solutions, LLC v. Konica Minolta Bus. Solutions U.S.A., Inc., 695 F. Supp. 2d 1149 (D. Kan. 2010)
  • Ambac Assur. Corp. v. Adelanto Pub. Util. Auth., 696 F. Supp. 2d 396 (S.D.N.Y. 2010)
  • Industrial Risk Ins. v. United Parcel Service, 328 N.J. Super. 584 (App. Div. 2000)
  • Vigilant Ins. Co. v. V.I. Technologies, Inc., 676 N.Y.S. 2d. 596 (App. Div. 1st Dept. 1998), appeal dismissed, 695 N.Y.S. 2d. 744 (N.Y. 1999)
  • In re G-I Holdings, Inc., 338 B.R. 232, (Bankr. D.N.J.), vacated, 2006 WL 1751793 (D.N.J. 2006)
  • Official Comm. of Asbestos Claimants of G-I Holdings, Inc. v. Bldg. Materials Corp. of Am. (In re G-I Holdings), 327 B.R. 730 (Bankr. D.N.J. 2005)
  • McGraw-Hill Companies, Inc. v. Ingenium Technologies Corp., 375 F. Supp. 2d 252 (S.D.N.Y. 2005)
  • McGraw-Hill Companies, Inc. v. Ingenium Technologies Corp., 364 F. Supp. 2d 352 (S.D.N.Y. 2005)
  • Orlando-Orange County Expressway v. Emmet & Co., Inc., 967 So. 2d 216 (Fla. 5 D.C.A 2007)

Cases reported online/unofficially reported:

  • Pain & Surgery Ambulatory Ctr., P.C. v. Conn. Gen. Life Ins. Co., 2013 U.S. App. LEXIS 18768 (3d Cir. 2013)
  • Prospect Med., P.C. v. Cigna Corp., 2013 U.S. Dist. LEXIS 85753 (D.N.J. 2013)
  • In re Tribune Co. Fraudulent Conveyance Litig., Consolidated Multidistrict Litigation, 2013 U.S. Dist. LEXIS 72104 (S.D.N.Y 2013)
  • Pain & Surgery Ambulatory Ctr., P.C. v. Conn. Gen. Life Ins. Co., 2012 U.S. Dist. LEXIS 124589 (D.N.J. 2012)
  • Advanced Surgery Ctr. v. Conn. Gen. Life Ins. Co., 2012 U.S. Dist. LEXIS 117945 (D.N.J. 2012)
  • Advanced Surgery Ctr. v. Conn. Gen. Life Ins. Co., 2012 U.S. Dist. LEXIS 117973 (D.N.J. 2012)
  • Ambac Assur. Corp. v. Adelanto Pub. Util. Auth., 2012 U.S. Dist. LEXIS 64086, (S.D.N.Y. 2012)
  • Ambac Assur. Corp. v. Adelanto Pub. Util. Auth., 2011 U.S. Dist. LEXIS 131680 (S.D.N.Y. 2011)
  • Little v. Conn. Gen. Life Ins. Co., 2011 U.S. Dist. LEXIS 122033 (D.N.J. 2011)
  • N. Jersey Brain & Spine Ctr. v. Conn. Gen. Life Ins. Co., 2011 U.S. Dist. LEXIS 119758 (D.N.J. 2011)
  • N. Jersey Brain & Spine Ctr. v. Conn. Gen. Life Ins. Co., C2011 U.S. Dist. LEXIS 115757 (D.N.J. 2011)
  • Ferro v. Cigna Group Ins., 2011 U.S. Dist. LEXIS 51490 (D.N.J. 2011)
  • Sportscare of Am., P.C. v. Multiplan, Inc., 2011 U.S. Dist. LEXIS 14251 (D.N.J. 2011)
  • Sportscare of Am., P.C. v. Multiplan, Inc., 2011 U.S. Dist. LEXIS 14253 (D.N.J. 2011)
  • Sportscare of Am., P.C. v. Multiplan, Inc., 2011 U.S. Dist. LEXIS 6295 (D.N.J. 2011)
  • Thomas & Betts Corp. v. Richards Mfg. Co., 2011 U.S. Dist. LEXIS 2804 (D.N.J. 2011)
  • Diodato v. Conn. Gen. Life Ins. Co., 2011 U.S. Dist. LEXIS 706 (D.N.J. 2011)
  • Nonpareil Corp. v. Reddy Raw, Inc., 2010 U.S. Dist. LEXIS 131005 (D.N.J. 2010)
  • Ctr. for Special Procedures v. Conn. Gen. Life Ins. Co., 2010 U.S. Dist. LEXIS 128289 (D.N.J. 2010)
  • Bukuvalas v. CIGNA Corp., 2010 U.S. Dist. LEXIS 127873, 50 Employee Benefits Cas. (BNA) 1943 (D.N.J. 2010)
  • Brunswick Surgical Ctr., LLC v. Cigna Healthcare, 2010 U.S. Dist. LEXIS 85043 (D.N.J. 2010)
  • Thomas & Betts v. Richards Mfg. Co., 2010 U.S. Dist. LEXIS 57291 (D.N.J. 2010)
  • Thomas & Betts Corp. v. Richards Mfg. Co., 2010 U.S. Dist. LEXIS 40561 (D.N.J. 2010)
  • Zahl v. Cigna Corp., 2010 U.S. Dist. LEXIS 32268 (D.N.J. 2010)
  • Capital Solutions, LLC v. Konica Minolta Bus. Solutions U.S.A., Inc., 2010 U.S. Dist. LEXIS 12891 (D. Kan. 2010)
  • Valle v. Cigna Group Life Ins., 2009 U.S. Dist. LEXIS 23555 (D.N.J. 2009)
  • Diodato v. Conn. Gen. Life Ins. Co., 2009 U.S. Dist. LEXIS 103715 (D.N.J. 2009)
  • Chang v. Life Ins. Co. of North America, 2008 WL 2478379 (D.N.J. 2008)
  • Capital Business Solutions, LLC v. Konica Minolta Business Solutions USA, Inc., 2008 WL 2761307 (D. Kan. 2008)
  • Intelli-Check, Inc. v. TriCom Card Techs., Inc., 2008 U.S. Dist. LEXIS 84435 (E.D.N.Y. 2008)
  • M.D. On-Line, Inc. v. WebMD Corp., 2005 WL 2469668 (D.N.J. 2005)

Education

Rutgers School of Law – Newark|Manhattan School of Music|San Francisco Conservatory of Music

J.D.|M.Mus.|B.Mus.

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  • Senior Articles Editor, Rutgers Law Review
  • Order of the Coif

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Clerkships

E. served as a clerk for the court(s) and judge(s) below:

Judicial clerk to the Honorable Gary S. Stein, New Jersey Supreme Court

Judicial clerk to the Honorable Alfred M. Wolin, United States District Court

Courts

E. is admitted to practice before the following court(s):

State of New Jersey|State of New York|United States District Court for the District of New Jersey|United States District Court for the Southern District of New York|United States District Court for the Eastern District of New York|United States Court of Appeals for the Second Circuit|United States Court of Appeals for the Third Circuit|Supreme Court of the United States

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Recognition

Local & National Recognition

Listed in Best Lawyers®, Commercial Litigation

Selected to the New Jersey Super Lawyers list, Business Litigation, 2007-2019

Professional Affiliations

Professional Affiliations & Memberships

John C. Lifland Inn of Court
Master

Rutgers Law School – Newark
Adjunct Professor of Law

Essex County Bar Association

New Jersey State Bar Association

American Bar Association