Sheila Raftery Wiggins

Representative Matters

Insurance Coverage Litigation

• In a precedent setting decision, obtained summary judgment that New York’s common law strict “no-prejudice” rule barring coverage for late notice continues to apply to policies with New York choice of law clauses that are not subject to NY Ins. Law s. 3420 (which creates a prejudice requirement for certain policies) because those policies were issued and delivered outside of New York; therefore, insurer with policy issued and delivered outside of New York had no duty to defend or indemnify insured as a matter of New York law with respect to $10 million coverage for $40+ million in claims that were tendered to the insurer months and years late, and the insurer did not need to demonstrate prejudice.
• Represented numerous insurance companies in disputes regarding insurance coverage issues, including at arbitration.
• Obtained summary judgment, which was subsequently affirmed by the United States Court of Appeals for the Seventh Circuit, regarding whether a company can shift coverage for its Longshore and Harbor Workers Compensation benefit obligation to an injured employee from its workers compensation insurer to another insurer under a Bumbershoot Policy. The St. Paul Travelers Companies, Inc. v. Corn Island Shipyard, Inc., No. 06-2137 (7th Cir. 2007).

Banking Litigation

• Obtained a dismissal of two appeals against JPMorgan Chase Bank, N.A. in the Supreme Court of New York, Appellate Division-Second Judicial Department, concerning the borrower's standing to bring the appeals.
• Obtained on behalf of JPMorgan Chase Bank, N.A. from the Supreme Court of the State of New York, Appellate Division-Second Judicial Department, an affirmation of a lower court ruling that property transferred pursuant to a judgment imposing a constructive trust is transferred subject to the existing lien.
• Obtained an order from the U.S. District Court for the District of New Jersey dismissing eight counts of a nine-count class action complaint claiming that the client bank charged improper fees for reinstating or paying off mortgages.

Bankruptcy Litigation

• Investigated claims on behalf of the committee of unsecured creditors in the bankruptcy of a real estate developer and related companies.
• Defended leading financial institution in a lawsuit arising from its role as indenture trustee for holders of publicly-issued notes and credit agreements.

Employment Litigation

• Defended a major brokerage firm in an action alleging gender and racial harassment and wage discrimination by obtaining summary judgment on all counts. Ruling was affirmed on appeal by the New Jersey Appellate Division.
• Counsel to national companies in trade secret and restrictive covenant injunction matters in federal and state court. Obtained favorable rulings against former employees of national companies to prevent employees from working for competitors and from soliciting clients.
• Obtained summary judgment for a large interstate cargo carrier in a litigation arising under the Worker Adjustment Retraining Notification ("WARN") Act.

Commercial Litigation

• Represented firm client Wockhardt in New Jersey related to Janssen Biotech Inc.’s oncology medication Zytiga. The District Court found the Janssen patent invalid.
• Jazz Pharmaceuticals, Inc. et al. v. Wockhardt Bio AG et al., 2:15-cv-5619 (D.N.J. 2015). Obtained settlement for defendant Wockhardt Bio AG in a patent litigation matter relating to Jazz Pharmaceutical's treatment for narcolepsy, Xyrem.
• Obtained summary judgment in favor of the Las Vegas Sands in its action against ACE Gaming, LLC for breach of a trademark-licensing agreement regarding the use of the "Sands" trademark.
• Obtained a favorable ruling on behalf of a health care provider in a partnership dispute.
• Obtained a favorable ruling for a company based on a partnership agreement to remove the other partner from the business.

Real Estate Litigation

• Represented entities regarding alleged breach of lease lawsuits in New York and New Jersey.

Ethics Litigation

• Appointed to investigate and to litigate ethics grievances against attorneys for the Supreme Court District V-A Ethics Committee.

Pro Bono Litigation and Matters

• Represented Holocaust survivors to apply to the German government for benefits relating to work they performed in ghettos in German-occupied areas.
• Represented veteran before U.S. Court of Appeals for Veterans Claims in appealing the decision of the Board of Veterans' Appeals.
• Assisted victims affected by attacks on World Trade Center with obtaining benefits.

Admissions

• New Jersey
• New York
• Pennsylvania
• U.S. Court of Appeals for the Second Circuit
• 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 New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of Pennsylvania

Education

• Temple University School of Law, J.D., 1998
  Internships: Volunteers for the Indigent Program of Philadelphia; The Honorable Diane Welsh, U.S.M.J.; New York County District Attorney's Office; Richmond County District Attorney's Office; City of Philadelphia Law Department
• Binghamton University, B.A., 1995

Experience

• Duane Morris LLP, New York and New Jersey
  - Partner, 2008-present
  - Associate, 2003-2007
• Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, New Jersey
  - Associate, 2000-2003
• Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, Philadelphia, Pennsylvania
  - Associate, 1998-2000

Professional Activities

• Trustee for the Trial Attorneys of New Jersey
  - Secretary/Treasurer, May 2019-present 

• Trustee for the Court-appointed Mediator for New Jersey Superior Court
• American Bar Association
• Federal Bar Association
• New York County Bar Association
• Philadelphia Bar Association

Honors and Awards

• Named a Rising Star in the area of Business Litigation by New Jersey Super Lawyers, 2006-2013
• Named one of the Law Journal's 2008 "40 Under 40"
• Named one of NJBiz's 2010 "40 Under 40"
• Referenced in Legal 500 U.S.- Leading Lawyers for Insurance: Advice to Insurers 2014
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Board Memberships

• Founding Director, Musical Chairs Chamber Ensemble, New York

Civic and Charitable Activities

• Essex-Newark Legal Services, a nonprofit pro bono organization
• Women's Law Caucus Mentoring Program of Temple University Beasley School of Law
• National Association of Women Lawyers Mentor

Selected Publications

• Author, "In Franchise Class Action, the Ninth Circuit Retroactively Applies California’s Independent Contractor Standard," Duane Morris Alert, May 3, 2019

• Co-author, "United States Supreme Court Rules That Class Arbitration Must Be Expressly Authorized," Duane Morris Alert, April 29, 2019

• Author, "FCC Creates New TCPA Safe Harbor for Inadvertent Calls to Recycled Phone Numbers," Duane Morris Alert, December 20, 2018

• "No-Poach Agreements Are Targeted by Government, Employees and Legislators," New Jersey Law Journal, August 16, 2018

• "The Path to Class Certification Is Narrowing," New Jersey Law Journal, January 2, 2017
• "Third Circuit Rules on Class-Action Arbitrability," New Jersey Law Journal, May 11, 2016
• "More States Enact Laws: Franchisors Are Not 'Joint Employers,'" Duane Morris Alert, May 10, 2016
• "Five States Enact Laws: Franchisors Are Not 'Joint Employers,'" Duane Morris Alert, March 30, 2016
• "Calling or Texting A Customer or Patient? Federal Courts Address Prior Express Consent Under the TCPA," Duane Morris Alert, February 26, 2016
• "Breaking Up: Preliminary Injunctions in Contested Termination Lawsuits," New Jersey Lawyer Magazine, February 2016
• "Consumer Financial Protection Bureau Launches Consumer Response Database and Appoints New General Counsel," Duane Morris Alert, June 22, 2012
• "Two Women District Judges Unanimously Appointed to the District of New Jersey," ABA Section of Litigation - Woman Advocate: News and Developments, July 8, 2011
• "Appeals Court Rules N.J. WARN Act May Apply to Parent Companies," Duane Morris Alert, June 27, 2011
• "Defective Drywall Claims Prompt Legislation and Litigation," Guest Article in The Washington Building Congress Bulletin, August/September 2009
• "The Walls Are Closing In: Chinese Drywall Issues Prompt Legislation and Litigation," Duane Morris Alert, May 21, 2009
• "'The Writing Is on the Wall': Defective Drywall Claims Prompt More Legal Action," Building & Bonding: The Construction Group Newsletter, Spring 2009
• "New Law Changes the Calculation of the Statute of Limitations in Pay Discrimination Cases," Duane Morris Alert, January 30, 2009
• "The Loss of Privileged Information by Intentional or Inadvertent Production to a Third Party," New Jersey Law Journal, June 17, 2008
• "The Loss of Privileged Information by Intentional or Inadvertent Production to a Third Party," New Jersey Law Journal, June 16, 2008
• "Invalid Subpoenas Sent Via E-Mail: New and Dangerous Internet Scam," Duane Morris Alert, April 23, 2008
• "What Did They Say? Deciphering When Remarks Are Evidence Of Discriminatory Intent Is A Difficult Task," New York Law Journal, August 27, 2007
• "Minimizing the Impact of Stray Remarks," New Jersey Law Journal, April 9, 2007
• "The Expanding Scope of Lender Liability; Courts Permit Claims to Proceed Against Lenders on Various Theories, From Aiding and Abetting to Fraudulent Conveyance," New Jersey Law Journal, March 12, 2004
• "Safety Net and Measuring Rod: The NAFTA TAA Program, Temple International and Comparative Law Journal, Vol. 12.1, Spring 1998

Selected Speaking Engagements

• Speaker, "A Complete Guide to Well-Crafted Depositions: Everything You Need to Know (from the Masters) to Take and Defend Against Powerful Depositions," New Jersey Institute for Continuing Legal Education, New Brunswick, NJ, February 1, 2019

• Speaker, "Building Your Case with Electronic Evidence: Legal Ethics and ESI," National Business Institute, Newark, NJ, November 30, 2017
• Panelist, "E-Discovery in the Age of Mobile Media," Duane Morris LLP, Newark, NJ, November 1, 2017
• Speaker, "Authenticating Social Media, Email and Text Evidence (US v Browne)," New Jersey Institute for Continuing Legal Education, New Brunswick, NJ, September 16, 2017
• "How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)," Cherry Hill, New Jersey, November 18, 2016
• "Under Attack: Business Arbitration Agreements," New Jersey State Bar Association's 2016 Annual Meeting and Convention, Atlantic City, May 18, 2016
• "Use of Technology in the Courtroom: How to Prepare and Present Your Case," New Jersey, April 28, 2016
• "Ethics in Federal Court Practice," Newark, New Jersey, June 25, 2015
• "The Importance of the Corporate Representative Deposition," Atlantic City, New Jersey, May 13, 2015
• "State and Federal Court Trial Practice From the Bench and the Professionals," Mayfair Farms, New Jersey, April 23, 2015
• "Ethics Issues Jointly Addressed By In-House and Outside Counsel in Litigation," New York, December 18, 2013
• "Ethical Issues For Mediations and Arbitrations," Missouri, June 11, 2013
• "Ethics," Practising Law Institute, New York, May 28, 2013
• "Rescue Scams and Constructive Trusts," New Jersey and New York, December 28, 2012
• "Ethical Considerations for Financial Dealings," National Business Institute, New Jersey, July 18, 2012
• "Professional Responsibility and Ethics," Practising Law Institute, New York, May 28, 2012
• "E-Discovery Issues," New Jersey, May 22, 2012
• "Ten Key Issues to Successfully Manage E-Discovery Before and During Litigation," Duane Morris-Sobel Seminar, Livingston, New Jersey, May 3, 2012
• "Attorney Client Privilege and Workproduct Issues for Insurers," New Jersey, May 3, 2012
• "New Jersey Litigation Practice," New York, New York, May 31, 2011
• "Best Practices for Arbitrations," Basking Ridge, New Jersey, December 16, 2011
• "Analysis of AAA Arbitration Rules and Strategies," New York and Pennsylvania, October 2011 (part 1) and December 2011 (part 2)
• Speaker, "Ethical Considerations When Dealing With Distressed Property," National Business Institute, New Jersey, December 13, 2011
• "Ethical Management of Litigation: Preservation and Production of Documents," Woodbridge, New Jersey, December 21, 2010
• "Ethics in Lending," National Business Institute, Cherry Hill, New Jersey, February 9, 2010
• "An Update on Bankruptcy Fraud and Ponzi Schemes," White Collar Roundtable, New Jersey, December 2, 2009
• "Current Issues Involving Non-Compete Agreements, Protection of Trade Secrets and Duty of Loyalty," New Jersey Institute of Continuing Legal Education seminar presenter, October 8, 2009
• "Chinese Drywall Litigation," HB Litigation Conferences Presents Chinese Drywall Litigation, New Orleans, Louisiana, June 18, 2009