Background and Experience

Howard Gutman picture


University of Michigan Law School, J.D. Degree, 1982

• Senior Editor, Journal of Law Reform

Drew University, B.A., Political Science, 1979

• Cum Laude with Distinguished Honors in Political Science
• Published senior thesis in law journal prior to entrance into law school

Experience Under the RICO Law

The office has handled multiple fraud claims in state and federal court with our work including the following,

•handling of multiple RICO claims involving mail and wire fraud, civil conspiracy,

•handling of motions in federal court defeating motions to dismiss under Ashcroft v. Iqbal, 556 U.S. 662 (2009),

•ongoing handling of State RICO claim under the concurrent jurisdiction doctrine of Tafflin v. Levitt, 493 U.S. 455 (1990)

•handling of multiple jurisdictional motions in federal court under conspiracy doctrine and long-arm statutes.

•detailed research on various requirements under federal RICO statute.

•arrange to serve and respond to discovery, and address electronic discovery and spoliation claims.

With our experience under the RICO Statute, we can assist you as either plaintiff or defendant, with skill but without prohibitive cost.

Publications (Chronological)
• The Attempt to Develop an Appropriate Standard of Liability for Defamation, the Supreme Court and the Federalization of Libel Law, 10 N.C. Cent. L.J. 201 (1979)
• Willfulness and the Statute of Limitations in the Fair Labor Standards Act , 5 Seton Hall Legislative Journal, 87 (1980)
• New Lemon Law Creates Expansive Remedies (New Jersey Law Journal 1991)
• Book, Year 2000 Legal Handbook (Business Laws 1998) (review of potential deficiencies in computerized record-keeping, liability for computer failures and discussion of disclosure obligations).
• Book, Lung Cancer and Mesothelioma, (2006). The book attempts to explain sometimes complex medical concepts such as tumor suppressor gene or oncogene in plain language, and summarizes medical standards of care for different stages of disease. The book is the product of review of tens of thousands of pages of medical articles, books and other material dealing with lung cancer.
• Evaluating Missed Diagnosis of Cancer Cases, New Jersey Law Journal 2008 (the article reviews the benefits and potential pitfalls associated with medical malpractice litigation).
• Presentation before New Jersey Institute of Continuing Legal Education, Handling Used Car and New Car Lemon Law Claims (2008)

Law Office of Howard A. Gutman
Flanders, NJ
Attorney at Law, 1985 – Present
Trial Attorney for over 20 years

Administrative Law

• Handled over 50 cases in the Office of Administrative Law, New Jersey, with nine published opinions as the prevailing party including Umbach v. Volkswagen of America, 93 N.J.A.R.2d (1992), Black v. Volvo North America Corp. 92 N.J.A.R.2d (1992), Gantt v. Volkswagen United States, Inc., 95 N.J.A.R.2d (1994), Boyle v. American Isuzu Motors, 95 N.J.A.R.2d 128 (1995). Administrative appellate work including obtaining reversal and verdict for client on appeal, and successful defense of administrative trial court findings on multiple appeals.

• Interaction with both state and federal agencies including Division of Consumer Affairs, Motor Vehicle Commission, Federal Bureau of Investigation, Commodities Futures Trading Commission, regarding pending disciplinary or criminal investigations, provision of information and obtaining discovery.

Litigation and Trial Experience (State and Federal Court)

• Handling of general litigation and personal injury caseload in New Jersey and New York including, one of the first multi-party silica exposure product liability claims in New Jersey, secured ½ million dollar settlement of medical malpractice claim initially rejected by large area law firm, secured six figure consumer fraud verdict in Union County, six figure settlement as successor counsel for failure to disclose zoning problem in commercial lease, successful defense of trademark infringement claim instituted by Fortune 500 Company, no cause jury verdict representing defendant on commercial lease claim seeking seven figure recovery.
• Oversaw case calendar typically involving 75-100 ongoing matters, with cases covered by the New York Times, Associated Press and Star Ledger of New Jersey, handled over 75 jury and bench trials,
• Handling of conferences, depositions, meetings, arrange for timely responses to discovery and compliance with various deadlines under Rules of Practice and case management orders. Handling of claims in the United States District Court for the District of New Jersey, United States District Court for the Southern District of New York, and appeals before the Third Circuit Court of Appeals and New Jersey Appellate Division.
• Handling of over 100 fraud claims from intake to resolution or judgment . Prepared complaints, discovery, Rule 26 disclosures, briefs and case memoranda in claims arising under multiple federal statutes including involving multi-faceted scheme to market fraudulent letters of credit of claims venued in United States District Court for New Jersey, attended well over hundred status, settlement conferences and mediations. Handling of whistleblower claims in both state and federal court.

Hannoch Weisman, P.C.
Roseland, NJ
Associate, 1983 – 1985

• Handled caseload of 35-40 cases involving defense of asbestos-related lung cancer, mesothelioma and other claims, arrange for discovery, identification of witnesses, assist with medical defense, and provide weekly status reports.
• Prepared settlement evaluations in claims ranging from smaller pleural thickening claims with limited impairment to death cases involving mesothelioma, attend pre-trial settlement conferences and conferences at trial, participated in several conferences providing contribution of less than $5,000 on multi-party claims settling for six figure amounts.
• Prepared one of the first analyses of claims against cigarette companies, my memo examining the legal and factual issues associated with tobacco cross-claims was reviewed by a Fortune 500 Company Chairman.
• Handled total case calendar of 75-100 ongoing matters, helped prepare complex contract claims, trade secrets disputes, and commercial litigation claims for trial in state and federal court, conduct discovery, prepare case memoranda summarizing legal claims, defenses, and underlying facts, legal research on multiple questions, serve and respond to written discovery and conduct depositions.
• Reported directly to Senior Partner on multiple litigated matters.
• Arrange for attendance at various conferences, depositions, meetings, compliance with various deadlines under Rules of Practice and case management orders, and weekly status reports.

Hellring Lindeman Goldstein & Siegal LLP
Newark, NJ
Associate, 1982 – 1983

• Assisted former United States Attorney for the District of New Jersey in federal and state litigation.
• Part of the team representing appellant in Karcher v. Daggett, 462 U.S. 725 (1983) striking down gerrymandering statute having limited mathematical deviation.
• Supported defense of Securities Exchange Commission investigation of alleged insider trading by corporate executive.
• Helped with defense of one of the largest criminal prosecution for violation of multiple federal statutes dealing with wage and hour reporting.

Haight Gardner Poor & Havens
New York, NY
Clerkship, 1981

• The firm specialized in international transactions and trade; my work involved preparation of memos on various legal issues and related legal research.

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