Joseph N. Froehlich

Joe Froehlich has experience in representing clients in complex commercial and business litigation in state, federal and bankruptcy courts in New York, New Jersey and throughout the country. Joe has extensive experience representing business interests — including financial institutions, educational institutions and insurance companies — in every step of the litigation process: pre-suit investigation, pre-trial proceedings, trials, appeals and post-judgment proceedings. Joe also has counseled insurance and reinsurance clients on complex coverage cases.

Joe's experience includes:

Commercial Litigation

• Obtained dismissal of securities and common law fraud claims brought against ‎client that sponsors ‎exchange-traded funds (ETFs)‎
• Represented international public relations firm in multiple disputes with ‎construction vendor
• Represented bank client in pursuit of over $15 million of defaulted loans
  Trial judge granted motion to dismiss plaintiff's claim for age discrimination on ‎basis that New Jersey law ‎did not apply to plaintiff's claim
• Obtained vacatur of TRO and denial of motion for preliminary injunction, ‎allowing client to change ‎educational policies for medical fellows
• Trial judge granted summary judgment dismissing claim against client for breach ‎of employment ‎agreement
• Represented contractor client in defense of class action claim for breach of ‎prevailing wage law

Financial Services Litigation

• Represented several national mortgage and mortgage servicing companies in ‎consumer disputes
• Represent national mortgage servicer in class action claim asserting violations ‎of FDCPA, TILA and ‎RESPA
• Represented financial institutions in defense of objections to creditor claims in ‎Chapter 13 bankruptcy ‎actions
• Represented national mortgage servicer and related companies in action ‎brought by residual investors in ‎mortgage-backed securities
• Represented multiple indenture trustee clients in various disputes, including ‎interpleader actions, related to ‎collateral debt obligations (CDOs)‎

Insurance/Reinsurance

• Represented excess carrier in multiple actions and arbitrations brought by ‎various pharmaceutical ‎companies seeking coverage for mass tort claims ‎involving multidistrict litigation
• Represented insurance company in first-party property claims brought as a ‎result of the World Trade ‎Center Disaster
• Represented reinsurer in arbitrations for claims brought by ceding company on ‎directors and officers ‎insurance policies and auto residual value insurance ‎contracts
• Represented carrier in claims for coverage under directors and officers policies
• Trial judge granted summary judgment for excess-policy-carrier client on basis ‎that there was no coverage ‎because there were multiple occurrences under ‎New York's "unfortunate events" test for determining ‎the number of occurrences
• Represented reinsurers in action against reinsurance intermediary that violated ‎its fiduciary obligations and ‎converted in excess of $40 million of fiduciary funds
• Represented comprehensive general liability carrier in coverage cases involving ‎environmental claims, ‎asbestos claims and other mass tort claims

Bankruptcy

• Represented insurance carrier in defense of preference action in which debtor ‎attempted to recover ‎premium payments on general liability and auto policies
• Represented indenture trustee in interpleader counterclaim to debtor's adversary ‎proceeding
• Represented bank client in claim hearing in which court granted client's claim ‎for utilization fees on a ‎credit facility, despite debtor's objection that such fees ‎were not allowed under the debtor's approved ‎bankruptcy plan
• Represented retailer client in multiple disputes with bankrupt supplier of ‎countertops