James J. "J." Ferrelli
Partner
Duane Morris LLP
1940 Route 70 East, Suite 200
Cherry Hill, NJ 08003
USA
Phone: +1 856 874 4208
Fax: +1 609 228 6135
Email: JJFerrelli@duanemorris.com

James J. ("J.") Ferrelli concentrates his practice primarily in the areas of business litigation, products liability, and class actions. Additionally, Mr. Ferrelli serves as Special Counsel for the Burlington County Bridge Commission.

Mr. Ferrelli has an active and diverse business litigation practice, and has represented corporate and individual clients in complex commercial matters involving breach of contract, real estate, antitrust, employment disputes, restrictive covenants, franchise and distributorship issues, Lanham Act and unfair competition claims, copyright and trademark, consumer fraud, business torts, corporate governance, breach of fiduciary duty, and disputes arising from the acquisition or sale of a business. He has successfully handled jury and bench trials, injunction and replevin proceedings, and arbitrations of such matters. Likewise, he has maintained a transactional practice in which he has been involved in negotiating and drafting various contracts on behalf of clients, and has represented several professional athletes in a variety of business matters.

Over the last 20 years, Mr. Ferrelli's products liability practice has focused predominantly in the defense of pharmaceuticals, biologics, and medical devices, and includes experience in cases involving a number of other products, including automobiles, industrial equipment, sports equipment, and hair care and cosmetic products. He has extensive experience in defending mass torts, and presently serves as counsel for a defendant pharmaceutical company in the In re Accutane and In re Isotretinoin mass tort proceedings pending in Atlantic County, New Jersey. In a recent series of pharmaceutical products liability cases, he successfully assisted a major producer of biologics in defeating an application before the Supreme Court of New Jersey to designate the cases for mass tort consolidation. Besides his experience in defending mass torts, Mr. Ferrelli has represented defendants in class action litigation.

Mr. Ferrelli has represented the Burlington County Bridge Commission since the mid-1980s, serving as its Special Counsel since 1994. In the course of his representation, he has handled a wide variety of litigation and transactions for the Bridge Commission, including real estate, land use, contract, and personal injury matters. In the late 1980s, Mr. Ferrelli represented the Bridge Commission in admiralty and insurance disputes arising out of the collision of a tug and crane barge with the Tacony-Palmyra Bridge, recovering in excess of $1 million for damages to the bridge caused by the accident. Recently, he obtained summary judgment for the Bridge Commission as plaintiff in a real estate title dispute with an adjacent railroad line by tracing title to the lands in question back to the original 1833 survey of the rail line. Mr. Ferrelli's ongoing representation of the Bridge Commission has involved a number of litigation and transactional matters involving real estate, including easements, leases, outdoor advertising locations and billboards, quiet title issues, conveyances, and property acquisitions.

Mr. Ferrelli has significant experience with a variety of technologies associated with modern complex litigation, including database management of documents and depositions, digital video testimony and other electronic courtroom media. Additionally, Mr. Ferrelli frequently assists clients on issues relating to electronic discovery.

Mr. Ferrelli is active in a number of professional associations. Mr. Ferrelli served as a Trustee of the New Jersey State Bar Association representing Burlington County on its Board of Trustees from 2006 through 2012, and has served on a number of NJSBA committees, including chairmanship of committees charged with reviewing the structure and operations of the New Jersey Institute of Continuing Legal Education (NJ-ICLE), and overseeing the 2011 integration of NJ-ICLE as a committee of the NJSBA. He is a past President of the Burlington County (N.J.) Bar Association and has served as an officer and on its Board of Trustees for over ten years. He has served on a variety of committees not only of the Burlington County Bar Association, but also of the New Jersey State, Philadelphia, and Camden County (N.J.) bar associations. He is a member of the Litigation, Real Property, Probate and Trust Law, and Intellectual Property Law sections of the American Bar Association, and the Commercial Litigation and Drug and Medical Device Litigation committees of the Defense Research Institute.

Mr. Ferrelli is chair of the Editorial Board of the New Jersey Lawyer Magazine and has served as an active member since 2002. He has written and spoken on a variety of legal issues. Mr. Ferrelli has served as the Special Editor for a number of editions of New Jersey Lawyer Magazine, including issues devoted to Business Litigation, Federal Civil Practice, Landlord and Tenant Law, Special Lands, and Construction and Government Contracts Litigation. As Special Editor, he planned the issue, selected writers and approved article topics, edited and finalized all articles for publication, and wrote an article for each issue.

Mr. Ferrelli is admitted to practice law in New Jersey and Pennsylvania, and before the United States District Courts for the District of New Jersey and the Eastern District of Pennsylvania. He has also been admitted to perform appellate work before both the United States Court of Appeals for the Third Circuit and the United States Supreme Court.

Mr. Ferrelli is a 1984 graduate of the New York University School of Law, where he served for two years on the Annual Survey of American Law, first as a staff member, and then as an Articles Editor. He earned his B.A. from Boston College in 1981, graduating summa cum laude.

Areas of Practice

• Business and Commercial Litigation
• Products Liability Litigation
• Class Action Litigation
• Intellectual Property Litigation
• State and Local Government Law
• Sports Law
• Arbitration, ADR, Mediation

Representative Matters

Business and Commercial Litigation

• Represented Executive Movers Service, Inc. (EMS) and EMS' majority shareholder, president and CEO and successfully defeated two separate motions seeking emergent injunctive relief following the termination of employment of a shareholder who was also an officer and member of EMS' board of directors.
• Counsel to major healthcare provider, Virtua Health, in ongoing parallel state business tort and federal court antitrust litigation with a rival healthcare provider involving allegations that defendants made improper patient referrals away from plaintiff.
• Counsel to major Canadian distributor of professional hair care and beauty supply products joined as third party defendant in pending Lanham Act litigation involving claims that distributor was engaged in supplying counterfeit professional products to the defendant. Obtained dismissal on behalf of distributor from United States District Court for the District of New Jersey.
• Counsel to major national provider of executive relocation services and majority owner of company in ongoing defense of wrongful termination and shareholder oppression claims filed in New Jersey Superior Court, Chancery Division. Defeated motions of plaintiff minority shareholder for TRO and for preliminary injunction, seeking to appoint receiver or provisional director to run defendant corporation.
• Counsel to major healthcare provider, Virtua Health, in Lanham Act dispute with a rival healthcare provider over competing advertising involving claims about which provider had the most "Top Doctors" as published in regional magazine surveys. After obtaining relief from ex parte injunction issued against Virtua Health by the New Jersey Superior Court, Chancery Division, we removed the case to the United States District Court for the District of New Jersey where, following discovery, we negotiated a resolution of all claims.
• Counsel to a major regional hair care and beauty supply distributor in the defense of antitrust, tortuous interference with contract and prospective contractual relations, and wrongful refusal to deal claims asserted by a product retailer. After completion of discovery, we obtained summary judgment in the United States District Court for the District of New Jersey dismissing all claims, affirmed by the United States Third Circuit Court of Appeals.
• Counsel for national provider of automobile industry services in a series of separate cases arising out of client's acquisition of Pennsylvania company providing automated vehicle registration services. This series of cases included (1) obtaining substantial six figure award and recovery in AAA arbitration proceeding, defeating former shareholders' claims to recover "holdback" funds while prevailing on client's counterclaims asserting indemnification for certain third party claims, and (2) prevailing in a series of cases enforcing rights under stock purchase agreement and related documents, resulting in substantial seven figure judgment and recovery in client's favor.
• Counsel to major regional hair care and beauty supply distributor with regard to ongoing issues concerning termination of distributorship by manufacturer, and with regard to workplace accident involving one of its warehouse employees.
• Co-counsel to a leading international adhesives manufacturer and its parent company in defense of consumer fraud and breach of warranty class action in the United States District Court for the District of New Jersey. Defeated plaintiff's initial motion for class certification, which was denied by the District Court. After extensive discovery and motion practice, we negotiated a settlement that the client found favorable before trial.
• Counsel for defendant seller in multi-faceted business dispute arising out of sale of dental practice involving claims and cross-claims for damages and equitable relief. In private contractual arbitration, defeated plaintiff buyer's claims for reduction of purchase price and obtained substantial judgment against buyer for purchase price without substantial reduction in purchase price, and established amendment of existing office to require plaintiff buyer to pay substantial additional rent to defendant, who retained ownership of building where practice was located.
• Counsel to the seller of a shipping business in a breach of contract and fraud case against the purchaser who failed to properly account for profits, failed to support the client's post-sale involvement in the business, and breached other obligations. After a six-week jury trial, obtained a jury verdict in the client's favor on all liability issues, and thereafter settled all damages issues very favorably for the client, obtaining monetary payments and benefits well in excess of $1 million.
• Counsel to a major regional hair care and beauty supply distributor in asserting New Jersey Franchise Practices Act ( "NJFPA") violations against an international manufacturer of hair care and beauty supplies that had terminated the client's franchise in violation of the NJFPA. As a result of intense pre-filing negotiations with the manufacturer, obtained a substantial financial settlement from the manufacturer representing complete financial recovery for the client under the NJFPA, and saving the client substantial expenditure of fees and time in litigation.
• Counsel to a regional real estate developer in a breach of contract suit asserted against defendants that had breached their agreement to purchase and develop a multi-unit condominium project. In a jury trial, obtained substantial six-figure verdict for the client.
• Plaintiff and defense counsel in a variety of unrelated employment cases involving enforcement of restrictive covenants. Have successfully obtained and prevented the imposition of injunctive relief in such cases.

Product Liability Litigation

• Counsel to an international pharmaceutical company in the defense of ongoing product liability litigation in mass tort proceedings venued in Atlantic County, New Jersey, captioned as In re Accutane and In re Isotretinoin.
• Counsel to international manufacturer of ski helmets in the defense of a product liability wrongful death claim in which it was alleged that the client's helmet caused the death of a minor plaintiff during a ski accident. After extensive discovery and investigation, negotiated a settlement that the client found favorable resolving all claims.
• Counsel to a national pharmaceutical company in the defense of product liability litigation in New Jersey. Successfully assisted the client in obtaining forum non conveniens dismissal of cases filed by non-New Jersey plaintiffs, in defeating an application to designate cases for mass tort consolidation under New Jersey Court Rules, and in obtaining substantive dismissal of claims by New Jersey plaintiffs following entry of Lone Pine Order and expert discovery.
• Counsel to an international pharmaceutical company in the defense of all of its HIV/Hemophilia blood factor product liability litigation in New Jersey. After extensive discovery that was consolidated on a state-wide basis and conducted in conjunction with a concurrent Federal MDL proceeding, negotiated a satisfactory settlement of all the client's New Jersey cases as a part of a "global" settlement involving multiple plaintiffs and defendants.
• Counsel to an international manufacturer of maxillofacial implants in the defense of a claim asserting defects in implant system. At the conclusion of a two week trial, succeeded in convincing the jury to limit the client's liability to approximately $3,500.
• Counsel to an international manufacturer of hip replacements in the defense of a claim that the device failed, injuring plaintiff and necessitating a second hip replacement procedure. Successfully negotiated an expedited settlement with plaintiff's counsel and the assigned United States Magistrate Judge prior to the exchange of initial disclosures and discovery.
• Counsel to an international manufacturer of knee replacements in the defense of a claim asserting that the device failed after surgery, causing injuries to plaintiff and a second knee replacement procedure. After discovery, successfully moved to preclude plaintiff's expert testimony, and thereafter obtained dismissal with prejudice.

Intellectual Property Litigation

• Counsel to manufacturer of Ben & Jerry's Homemade Ice Cream in defense of trademark infringement claims regarding the mark "Chunky Monkey" in the United States District Court for the District of New Jersey. Following initial pleadings and discovery, we negotiated a resolution of all claims.
• Counsel to regional distributor of emergency response and communications systems in shareholder, employee, and trade secret dispute relating to a competing company started by a minority shareholder and certain key employees during their employment with the client. After obtaining emergent, expedited discovery from the Superior Court of New Jersey, Chancery Division, we negotiated a settlement that the client found favorable.
• Counsel to the majority owner in a regional software company in a replevin action filed in United States District Court against a minority owner to recover computer laptop prototype that was wrongfully taken by the minority owner and was needed for a national computer trade show the following week. Within three days, obtained ex parte Temporary Restraining Order compelling minority owner to return prototype and oversaw service and execution of Order by United States Marshal, resulting in recovery of prototype for client in ample time for trade show. Thereafter negotiated resolution of dispute with minority owner for client, obtaining complete relief for the client on an expedited basis.
• Counsel to a major gasoline company in an injunction against a terminated service station operator to prohibit the defendant's continued use of the client's trademarks. Successfully obtained expedited injunctive relief in United States District Court and thereafter negotiated settlement resulting in obtaining complete relief for the client on an expedited basis.
• Counsel to a national distributor of hardware for schools and other institutions in a copyright infringement action filed against a competing local distributor that copied portions of the client's catalog for use in its sales materials. After discovery, negotiated a favorable settlement resulting in recovery of expenses for client and termination of infringing use of client's text.
• Extensive experience in a variety of litigation (both actual and prospective, both as plaintiff and as defendant) in both federal and state courts involving confidentiality and trade secrets, including various breach of contract claims and/or of various business torts, such as violations of restrictive covenants, confidentiality agreements and /or covenants not to compete (either arising out of the sale of a business or from employment contracts), common law and statutory unfair competition (both under the Lanham Act and applicable state statutes), and tortuous interference with contract and prospective contractual relations.

Sports Law

• Counsel to Otho Davis Scholarship Foundation, a non-profit entity that awards scholarships to Philadelphia area students engaged in the study of sports medicine and physical therapy.
• Counsel to a nationally known professional football player with regard to potential issues concerning his multi-million dollar disability insurance and his retirement from professional football. Based upon the course of conduct recommended, client obtained full payment under his disability policy.
• Counsel to a nationally known professional football player being stalked by a female fan and threatened by the fan's husband. Based upon prompt action and the course of conduct recommended, the situation was quickly resolved with no further problems.
• Counsel to nationally known professional football players with regard to fines assessed by the Commissioner of the National Football League (NFL), including handling appeals of fines to the Commissioner.
• Have represented a number of professional athletes on various other legal issues relating to their profession and post-career businesses.

Product Liability Litigation

• Counsel to an international manufacturer of hip replacements in the defense of a claim that the device failed, injuring plaintiff and necessitating a second hip replacement procedure. Successfully negotiated an expedited settlement with plaintiff's counsel and the assigned United States Magistrate Judge prior to the exchange of initial disclosures and discovery.

Professional Activities

• Burlington County Republican County Committee Representative, 16th District, Mount Laurel, New Jersey
• Special Counsel, Burlington County Bridge Commission, 1994-present
• Volunteer Attorney, Support Center for Child Advocates
• American Bar Association
  - Section of Litigation
• New Jersey State Bar Association
  - Chair, NJSBA ICLE Committee, 2011-present
  - Member, Long Term Planning Committee, 2009-present
  - Equity Jurisprudence Committee
  - Federal Court Committee
  - Product Liability and Toxic Torts Committee
  - New Jersey State Bar Association Board of Trustees
  -- Chair, Joint NJSBA/NJSBF NJ-ICLE Transition Committee, 2010-2011
  -- Chair, Joint NJSBA/NJSBF Ad Hoc Committee to Review NJ-ICLE, 2010
  -- Burlington County Trustee, 2006-2012
• Camden County Bar Association
• Burlington County Bar Association
  - President, 2004-2005
  - President Elect, 2003-2004
  - Vice President, 2002-2003
  - Treasurer, 2001-2002
  - Secretary, 2000-2001
  - Member, Board of Trustees, 1996-1999
• Philadelphia Bar Association
  - Federal Courts Committee
• Defense Research Institute
  - Drug and Medical Device Committee
  - Business Litigation Committee

Admissions

• Pennsylvania
• New Jersey
• Supreme Court of the United States
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the District of New Jersey
• U.S. District Court for the Eastern District of Pennsylvania
• Supreme Court of New Jersey
• Supreme Court of Pennsylvania

Education

• New York University School of Law, J.D., 1984
• Boston College, B.A., summa cum laude, 1981

Experience

• Duane Morris LLP
  - Partner, 1998-present
  - Associate, 1991-1997
• Pepper, Hamilton & Scheetz, Philadelphia, Pennsylvania
  - Associate, 1984-1991

Board Memberships

• Editorial Board, New Jersey Lawyer, the Magazine
  - Chair, 2009-present
  - Vice Chair, 2007, 2008
  - Member, 2002-present
• Member, Board of Trustees, Mount Laurel Library, 1994-2007

Civic and Charitable Activities

• Pro Bono Attorney, Support Center for Child Advocates

Honors and Awards

• Named a New Jersey Super Lawyer, 2005-2008 and 2010-2013. Super Lawyers are selected in a state-wide peer review process. Only 5 percent of lawyers in New Jersey are eligible to become Super Lawyers.
• Recipient of 2011 Distinguished Service Award from the New Jersey Institute for Continuing Legal Education (NJ-ICLE), 2011

Selected Publications

• Co-author, "The Parol Evidence Rule," New Jersey Lawyer, December 2012
• Co-Author, "Presumption-of-Adequacy Defense Is Clarified and Reinforced," New Jersey Law Journal, December 7, 2011
• Co-author, "Big Win for Drug Companies Under the New Jersey Product Liability Act," Duane Morris Alert, October 4, 2011; republished in Product Liability Law360, November 15, 2011
• Co-author, "U.S. Supreme Court Overturns N.J. Supreme Court’s Extension of Long-Arm Jurisdiction," LJN's Product Liability Law & Strategy newsletter, September 2011
• Author, "Message from the Special Editor – Mass Tort Practice in New Jersey," New Jersey Lawyer, August 2011
• Author, "The View From the Bench: Practices and Developments in New Jersey Mass Tort Proceedings – an interview with the Honorable Carol E. Higbee," New Jersey Lawyer, August 2011
• Co-author, "Top 10 Tips for Defending Mass Torts in New Jersey," New Jersey Lawyer, August 2011
• Co-author, "Limiting Personal Jurisdiction Over Foreign Entities," Guest Column in Products Liability Law360, July 12, 2011; also published in Appellate Law360, International Trade Law360 and Legalink
• Co-author, "U.S. Supreme Court Reaffirms Stringent Test for General Jurisdiction over Foreign Manufacturers," Duane Morris Alert, June 30, 2011
• Co-author, "U.S. Supreme Court Overturns N.J. Supreme Court's Extension of Long-arm Jurisdiction," Duane Morris Alert, June 28, 2011
• Co-author, "Top 10 Tips for Defending Mass Torts in New Jersey," LJN's Product Liability Law & Strategy, June 2011
• Co-author, "Consumer Fraud Protection for Business Consumers: "For Who? For What?" Revisited," New Jersey Lawyer, February 2011
• Co-author, "Is U.S. Supreme Court Review Inevitable? New Jersey High Court Extends Long-Arm Jurisdiction," DRI's For the Defense, September 2010
• Co-author, "NJ Supreme Court Extends Long-Arm Jurisdiction to Foreign Manufacturers," LJN's Product Liability Law & Strategy newsletter, July 2010
• Co-author, "U.S. Court Extends Long-Arm Jurisdiction to Foreign Manufacturers," Genericsweb.com INNSIGHT Industry Newsletter, May 21, 2010
• Co-author, "Case Study: Nicastro v. McIntyre Machinery," Guest Column in Product Liability Law 360 and International Trade Law 360, February 25, 2010
• Co-author, "New Jersey Supreme Court Extends Long-Arm Jurisdiction to Foreign Manufacturers Under the Stream-of-Commerce Theory ," Duane Morris Alert, February 12, 2010
• "Message From the Special Editors," New Jersey Lawyer Magazine, December 2009
• Author, "CourtSmart and the Advent of Digital Recording of Proceedings in State Courts: An Interview with Jeffrey A. Newman," New Jersey Lawyer Magazine, October 2009
• Author, "Consumer Fraud Act Claims in Business Litigation," and "Message From the Special Editor," New Jersey Lawyer Magazine, February 2008
• "N.J. Court Affirms Forum Non Conveniens Dismissal of Product Liability Claims Filed by U.K. Plaintiffs," Guest Opinion, HealthLaw360, August 8, 2007; also published as a Duane Morris Alert
• Author, "Eminent Domain in New Jersey after Kelo: What's Next?" New Jersey Lawyer Magazine, December 2005
• "Message From the Special Editor," New Jersey Lawyer Magazine, December 2005
• Author, "Drug Ads: Has the Picture Changed?" New Jersey Law Journal, December 5, 2005
• Author, "Why--or Why Not--Federal Court? (Be Careful What You Ask For)," New Jersey Lawyer, February 2004
• Author, "Perez Creates Exception to Learned Intermediary Doctrine," New Jersey Law Journal, September 20, 1999
• Author, "Meritcare, Inc. v. St. Paul Mercury Insurance Co.: A Swan Song for Diversity-Based Class Actions?" New Jersey Law Journal, Complex Litigation Supplement, April 19, 1999
• Author, "New Jersey Reaffirms Learned Intermediary Doctrine," New Jersey Law Journal, September 14, 1998

Selected Speaking Engagements

• Panelist, "What In-House Counsel Need To Know About The Changing Landscape In Litigation: Experienced Lawyers Report From The Front Lines," DELVACCA 3rd Annual In-House Counsel Conference, Philadelphia, April 7, 2011
• Speaker, "Social Media Litigation: Claims, Defenses, Use & Ethical Misuse," Burlington County Bar Association Commercial Subcommittee program, February 23, 2011
• Speaker, "Hot Tips for Chancery: What Every Practitioner Needs to Know" and presenter on the topic of trade secrets, New Jersey State Bar Association Mid-Year Meeting, Scottsdale, Arizona, November 4, 2010
• Panelist, "Internet Communication Risks," Burlington County Bar Association Seminar, "Ethics in Advertising, Solicitation & Referrals: How to Get Business & Refer Business the Ethical Way," April 27, 2010
• Speaker, "Covering Your Assets – Use of Valuation Experts in Buying and Selling Businesses, and in Business Litigation," N.J. State Bar Association Annual Meeting, Atlantic City, New Jersey, May 22, 2008
• Panelist, "Demystifying Chancery Practice," Burlington County Bar Association seminar, Laurel Creek Country Club, Mount Laurel, New Jersey, January 31, 2008
• Panelist, "Unconventional Wisdom on Products Liability Defense," Insurance Society of Philadelphia CLE Seminar, August 11, 2006
• Panel Moderator and Speaker, "Selecting a Winning Jury: Case Maker or Case Breaker," seminar presented by the New Jersey Institute for Continuing Legal Education, June 4 and 23, 2005
• Panelist, "Unsafe at Any Dose? Antidepressants and Product Liability," Christopher Naughton's Law Journal, WMFZ-TV 69, April 12, 2004
• Panel Moderator and Speaker, "Juror Perceptions and How They Can Affect the Outcome of A Trial," mid-year meeting of the New Jersey State Bar Association, Paradise Island, Bahamas, November 6, 2003
• Panel Moderator and Speaker, "Keys To Federal Practice," seminar presented by the Federal Courts Committee of the Burlington County Bar Association, Mount Holly, New Jersey, May 28, 2003
• Panel Moderator and Speaker, "Using Technology in the Court Room," Burlington County (New Jersey) Bar Association, January 23, 2003
• "The Learned Intermediary Doctrine," Mealey's Conference on Baycol Litigation 2002, San Diego, California, January 14-15, 2002
• "The Defense Perspective on Baycol Litigation," Andrews Publications' Baycol And Other Statins, audio conference, Villanova, Pennsylvania, November 8, 2001
• "Civil RICO," Business Torts Litigation, sponsored by the New Jersey Institute for Continuing Legal Education, January 1993