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Education

  • J.D., University of Pennsylvania Law School, 1999
  • B.A., University of Pittsburgh, summa cum laude, 1996

Bar Admissions

  • New Jersey
  • Pennsylvania

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Court of Appeals, Third Circuit

Memberships & Affiliations

Association of the Federal Bar of New Jersey

Advisory Board of The New Jersey Law & Education Empowerment Project

New Jersey Bar Association
Pennsylvania Bar Association

Matthew G. Wapner

  • |
Partner
  • T: 973.848.5361
    F: 973.297.3926
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Mr. Wapner is a member of the Business Litigation group, representing corporations, small businesses and individuals in complex litigation involving commercial torts and contract disputes. He handles a broad range of litigation matters at both the trial and appellate levels, on behalf of diverse clients representing industries including health care, consumer electronics, software, financial services, alternative energy, manufacturing and real estate, to name a few.

He regularly appears in federal and state court and has extensive experience in domestic, international and maritime arbitration forums. His practice focuses on matters involving shareholder disputes (in both closely held and public corporations), breach of contract, class action defense, trade secrets and non-competition agreements, employment claims and antitrust issues.

Mr. Wapner was selected by the New Jersey Law Journal (NJLJ) for its “40 Under 40” list in 2011. According to its Editor-in-Chief, the NJLJ generally chooses attorneys “who have developed practice niches, demonstrated leadership potential by work in practice groups or committees and amassed a thick book of business and/or a solid record of trial, appellate or transactional work.” The NJLJ selects for inclusion in its “40 Under 40” list those attorneys with “special attributes that supersede their résumés,” and those who stand out as having established themselves “by proven expertise in practice areas, by acceptance of important management roles at their firms, by rainmaking ability and by strong community involvement and volunteerism – all of which make up the stuff of future leaders of the profession.”

Mr. Wapner was recently elected a Fellow of the American Bar Foundation. The Fellows of the American Bar Foundation is an honorary organization of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. Membership in The Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Members are nominated by their peers and elected by the Board of the American Bar Foundation.

Representative Matters

Charitable Trust in obtaining a settlement from St. Francis Hospital of Poughkeepsie for the return of a charitable gift. The Trust was set up to help support Catholic institutions in Duchess County. When the Trust made the gift, SFH was a Catholic hospital. Prior to using it, SFH filed for Chapter 11 protection. As part of its reorganization plan, SFH agreed to the sale of its assets to the Westchester County Health Care Corporation, which included the transfer of all donor restricted gifts. As the WCHCC has no religious affiliation, the Trust demanded the return of its gift. In lieu of a response, SFH offered to return the entire gift in settlement of this matter.
Emigrant Bank and Boylan Bottling Co. in defense of a lawsuit alleging minority shareholder oppression, derivative claims, breach of contract, breach of the covenant of good faith and loyalty, unjust enrichment, and waste. We asserted counterclaims for breach of contract, breach of fiduciary duties and commercial bribery. Three weeks prior to the completion of fact discovery we obtained an extremely favorable settlement for a small fraction of the plaintiffs’ initial demand, thereby extinguishing their ownership interests in Boylan Bottling Co.
SS&C Technologies, Inc., a software company, against claims of unfair trade practices brought by an asset management and investment firm, stemming from its purchase of SS&C’s CAMRA software (used for investment accounting and regulatory reporting). Claimant had sought $4 million in costs and damages, but ended up with nothing (and had to pay our client its share of the arbitration fees).
Hayward Industries against Sherman Act Section 1 and 2 claims in a multidistrict litigation venued in the Eastern District of Louisiana brought by a nationwide class of direct purchasers and a class of indirect purchasers against the three largest manufacturers and the largest distributor of swimming pool products. After fact discovery (which included 80-plus depositions nationwide), we settled the direct purchaser claims for $6.5 million and the indirect purchaser claims for $1.5 million. The direct purchaser plaintiffs had sought $801 million (after trebling) plus attorneys’ fees, and the indirect purchasers had sought $72 million (after trebling) plus attorneys’ fees.
BioReference Laboratories, Inc. in the favorable settlement of a putative class action seeking to enjoin its $1.5 billion merger with Opko.

Publications

05/15/00
Are Laws Prohibiting Ownership of Pit Bull-Type Dogs Legally Enforceable
Journal of the American Veterinary Medical Association