Clement Farley represents clients across industries in disputes ranging from bet-the-company litigation to complex commercial disputes and creditors’ rights matters. Clients have described him as very smart, tough, extremely prepared, reasonable, and devoted to achieving his client’s unquestioned success and frequently call and rely on him in crisis situations.
A former Chair of the Bankruptcy, Restructuring & Litigation Group from 2007 to 2016, Clem is recognized as an accomplished and diversified litigator, handling matters in many areas of commercial and business litigation, including the prosecution and defense of director-and-officer fiduciary-duty claims; disputes involving shareholders, limited-liability members, and partners; complex real-estate matters; and several other types of contract and business-tort litigation.
Clem also has considerable knowledge and experience in creditor-debtor matters, including inter-creditor-agreements disputes, lender-liability defense, fraudulent-conveyance litigation, Ponzi and fraud schemes (e.g., multiple matters involving Solomon Dwek, Eliyahu Weinstein, Marc Dreier, and Taylor, Bean & Whitaker/Lee Farkas), consumer-defense and retail-banking litigation, loan workouts, business restructurings, foreclosures, and asset recovery.
Clem represents individuals and all types of business associations—from small to mid-sized to large entities in numerous industries—in litigation, bankruptcy, state-insolvency proceedings, arbitration, mediation, government- and administrative-agency proceedings, and out-of-court contexts, in various state and federal courts, and at trial and appellate levels. Clem has tried multiple cases in various courts, successfully handled and argued numerous appeals, and worked on numerous cases in which published decisions were issued.
Clem has published several client alerts and articles on timely topics for leading publications. He co-authored the New Jersey Law Journal article, “The ‘Per-Debtor’ Interpretation of Chapter 11,” and the New York Law Journal article, “Re-Thinking the Treatment of Withdrawal Liability in Bankruptcy.” Clem also has been a featured speaker at numerous CLE events and client seminars on topics such as New Jersey and New York foreclosure practice, asset recovery, judgment collection, and retail-banking and lender-liability litigation as well as preparing fact and expert witnesses for deposition and trial, defending them at deposition and trial, and conducting their examinations at deposition and trial.
Clement was a member of the District VA Ethics Committee, and served on the New Jersey Supreme Court Commission on the Rules of Professional Conduct (RPCs), analyzing and proposing in its Report to the Supreme Court changes to New Jersey’s RPCs. The Commission and its Report stemmed from proposed rule changes of the American Bar Association to its Model Rules.
Clement has been with McCarter & English since 1995, after completing a Clerkship with the Honorable Gary S. Stein of the New Jersey Supreme Court, and graduating with High Honors and earning Order of the Coif from Rutgers School of Law—Newark.
