Gregory R. Haworth focuses his practice on commercial and business litigation, bankruptcy and banking litigation, commercial real estate disputes, fidelity and surety claims, trust disputes and shareholder and class action disputes. His knowledge of bankruptcy and commercial law makes him a versatile advocate and business counselor. He has litigated matters in numerous forums that include the federal, state and bankruptcy courts in New Jersey and New York along with arbitration proceedings.

Mr. Haworth was recognized in Chambers USA: America's Leading Lawyers for Business in the area of commercial litigation in New Jersey. Clients commend his strong courtroom presence and excellent analytical skills. He is a member of the Bankruptcy Law and Banking Law sections of the New Jersey State Bar Association and the Federal Bar Association.

Mr. Haworth is a 1982 graduate of Rutgers School of Law - Newark, where he was a member of the Law Review, and a graduate of Franklin College.

Areas Of Practice

Trial
Creditors' Rights
Bankruptcy
Banking and Trust
Appellate Litigation

Representative Matters

State Court – Class Action. Served as lead counsel for bank group named as defendants in three separate class action suits consolidated on appeal. The banks were charged with improperly charging attorney review fees to residential borrowers. The unfavorable decisions of the trial courts were reversed on appeal in Turner v. First Union National Bank, 314 N.J. Super. 33 (App. Div. 1998) and affirmed by the New Jersey Supreme Court in Turner v. First Union National Bank, 162 N.J. 75 (1999).
Federal Court – Class Action. Represented one of ten largest banks in the United States against a claim that the banks had conspired to set the prime rate as reported to various financial publications that publish prime rate indexes. Lum v. Bank of America, et al., 361 F.3d 217 (3d Cir. 2004), cert denied, 125 S.Ct. 271 (2004).
State Court – Jury Trial. Successfully represented plaintiff in breach of contract claim tried before a jury over five days, resulting in a $2.4MM verdict.
Bankruptcy Court – Lender Liability Trial. Represented a bankruptcy trustee in a lender liability/equitable subordination trial that lasted 23 days. A global settlement of all issues in the case was reached before a decision was rendered.
Federal Court – Fiduciary Litigation. Obtained summary judgment on behalf of bank serving as a depository agent under the Federal Aviation Act. The case involved novel issues of whether a private right of action exists under the FAA, and, if not, whether state law claims could nonetheless be sustained. Synovus Bank v. Valley National Bank, 487 F. Supp. 360 (S.D.N.Y 2007).
Federal Court – Bank Syndication Litigation. Representing agent bank in lending syndication in action where bank group member sought $10MM in damages alleging breach of contract and breach of fiduciary duty. Obtained summary judgment on behalf of the agent bank.
Bankruptcy Court – LBO Fraudulent Transfer Litigation. Represented a bankruptcy trustee in action to set aside a creditor's lien on the debtor's assets obtained when the creditor funded a leveraged buyout.
Federal Court – Fidelity Bond Litigation. Represented fidelity bond carrier in an action that resulted in one of the seminal cases dealing with fidelity bond interpretation. Resolution Trust Corp. v. Fidelity and Deposit Co. of Maryland, 205 F.3d 615 (3d Cir. 2000).
Bankruptcy and State Court – Commercial Foreclosure. Represented lender with a $29MM mortgage in strongly contested commercial foreclosure action. The case resulted in full recovery for the lender.

Published Decisions

Turner v. First Union National Bank, 162 N.J. 75 (1999), affirming, Turner v. First Union National Bank, 314 N.J. Super. 33 (App. Div. 1998)
Lum v. Bank of America, et al., 361 F.3d 217 (3d Cir. 2004), cert denied, 125 S.Ct. 271 (2004)
Port Authority of New York and New Jersey v. Affiliated FM Ins. Co., 311 F.2d (3d Cir. 2002)
Resolution Trust Corp. v. Fidelity and Deposit Co. of Maryland, 205 F.3d 615 (3d Cir. 2000)
New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc., 101 F.3d 1492, 65 USLW 2402 (3d Cir. 1996)
Synovus Bank v. Valley National Bank, 487 F. Supp. 360 (S.D.N.Y 2007)
Resolution Trust Corp v. Minassian, 777 F. Supp. 385 (D.N.J. 1991)
Laufer v. The United States Life Insurance Co., 385 N.J. Super. 172 (App. Div. 2006)
Touch of Class Leasing v. Mercedes-Benz Credit of Canada, Inc., 248 N.J. Super. 426, 591 A.2d 661, 15 UCC Rep. Serv. 2d 471 (App. Div. 1991)
Stiso v. Inserra Supermarkets Inc., 179 A.D.2d 878, 578 N.Y.S.2d 680 (N.Y.A.D. 3 Dept.) (1992)

Professional Activities

American Bar Association
New Jersey State Bar Association
- Bankruptcy Law Section
- Banking Law Section
Federal Bar Association

Admissions

New Jersey
United States District Court for the District of New Jersey
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Second Circuit

Education

Rutgers School of Law - Newark, J.D., 1982

Experience

Duane Morris LLP
- Partner, 1999-present
Cole, Schotz, Meisel, Forman & Leonard, Hackensack, New Jersey
- Partner, 1989-1999
- Associate, 1983-1988
Superior Court of New Jersey
- Judicial Clerk, Honorable Wilfred P. Diana, 1982-1983

Board Memberships

Board of Trustees, Union County United Way
Board of Trustees, Plainfield Symphony

Civic and Charitable Activities

President, United Way of Plainfield, North Plainfield, Fanwood and Scotch Plains
Vice President of Development, The Plainfield Symphony Society

Honors and Awards

Listed in Chambers USA: America's Leading Lawyers for Business, 2006-2008 editions
Rutgers Law Review
Blue Key National Honor Society

Selected Publications

"Shunning the Errors of the 1980's in Today's Resurging Market," New Jersey Law Journal, March 1995.
"Recent Decisions Favor Lenders Over Borrowers," New Jersey Law Journal, February 1995.
Co-Author, "Collecting Judgments in New Jersey," published by the National Business Institute, 1998.
Note, "Foreign States Sued for Their Acts Abroad: A Uniform Analysis Under the Foreign Sovereign Immunities Act," 34 Rutgers Law Review, 538, 1982.

Selected Speaking Engagements

Moderator and Panelist, "Valuation of Businesses and Collateral in Commercial Workouts," Association of Insolvency and Restructuring Advisors, Chicago, Illinois, June 2007
Panelist, "Electronic Discovery in the Federal Courts," Annual Bankruptcy Bench Bar Conference, New Brunswick, New Jersey, April 21, 2006
Panelist, "Detecting and Responding to Fraud Schemes: Ponzi Schemes, Intercompany Transfers, Collateral Audits and Bust-Outs," Association of Insolvency and Restructuring Advisors Annual Meeting, Grapevine, Texas, June 23, 2004
Panelist, "Effective Bankruptcy Trial Practice," Annual Bankruptcy Bench Bar Conference, East Brunswick, New Jersey, March 12, 2004
"Nuts and Bolts of Effective Bankruptcy Trial Practice," Annual Bankruptcy Bench-Bar Conference, East Brunswick, New Jersey, April 2001
Organized and Participated, "Financial Institution Litigation After the Enactment of the Gramm-Leach-Bliley Act," sponsored by The Financial Services Litigation Group of the New Jersey State Bar Association, Newark, New Jersey, March 30, 2000.
Moderator, "Litigation of Class Action Lawsuits," New Jersey State Bar Association Annual Meeting, East Rutherford, New Jersey, May 1998.
Panelist, "Winning Strategies in Complex Litigation," New Jersey Corporate Counsel Fall Meeting, Parsippany, New Jersey, November 1997.
Panelist, "Current Banking Litigation Issues," New Jersey State Bar Association's Banking Law Section, New Brunswick, New Jersey, September 1997.
Panelist, "Issues Pertaining to Automatic Stay Litigation," Fourth Annual Bankruptcy Bench-Bar Conference, Princeton, New Jersey, April 1996.