Brian J. Molloy - Appellate and Commercial Litigation Lawyer

Brian J. Molloy
Phone: 732.855.6083
Fax: 732.726.6699
Bar Admission:

United States Court of Appeals, Third Circuit, 1987; Tenth Circuit, 2000; and Second Circuit, 2007
United States Supreme Court, 1987
United States District Court for the District of New Jersey, 1978
New Jersey, 1978

 
Education:

J.D., Seton Hall University School of Law, 1978
B.A., Kean College, magna cum laude, 1975

Biographical Information:

Mr. Molloy is President and Managing Director of Wilentz, charged with maintaining the reputation and legacy of one of New Jersey’s oldest and most respected law firms.  It is a responsibility that he takes seriously, understanding that providing quality legal work and exceptional value in every case, and for every client, should drive law firm decision making:  “At Wilentz our mantra is ‘exceptional client service, and it is my job to instill in our lawyers, and every member of our collective firm team, an unparalleled commitment to that ideal.”

It is perhaps this conviction that gives Mr. Molloy a perceptible edge in advising clients in professional negligence cases.  For over 35 years, he has successfully represented clients in complex commercial litigation cases, both in civil trials and arbitration proceedings, and is keenly aware of the choices lawyers must make when balancing clients’ litigation and business goals.  His reputation as an astute litigator has engendered the trust and engagement by law firms with both regional and national practices to choose Mr. Molloy to represent them in professional negligence cases, many of them more than once.

His practice extends beyond legal malpractice to matters involving professional ethics, billing disputes and issues of fiduciary duty.  But no matter the type of case, the primary strategic focus is on achieving an early and favorable resolution for the client. Because professional negligence cases are often more complex than they appear, Mr. Molloy’s experience in conducting detailed and focused depositions, along with appropriate motion practice work to expose the weaknesses in the plaintiff’s case, sets the stage for successful dispositive motions.  He is among the select few in the profession who have been invited to become a Fellow of the American College of Trial Lawyers, an organization that recognizes the very best trial lawyers from the United States and Canada, and he has also been Certified as a Civil Trial Attorney by the New Jersey Supreme Court.

In addition to his role of Managing Director, Mr. Molloy also serves as the firm’s Co-chair of the Appellate Practice Group.  Prior to assuming the Managing Director's role, he was Chair of the Commercial Litigation Group.  Mr. Molloy is also President of a wholly-owned subsidiary of the law firm providing sports management services to professional baseball athletes.

Mr. Molloy is equally committed to playing a leadership role in his community, having served on the Westfield Zoning Board of Adjustment, President and Trustee of the Westfield College Men’s Club, Trustee of the Westfield High School Boosters Association, and coached soccer and baseball teams for his two children.

Representative Matters:

Professional Negligence

  • Secured dismissal of a lawsuit against a law firm alleged to have aided and abetted a whistleblower in obtaining documents used in a False Claims Act case; affirmed on appeal.
  • Summary judgment for law firm in legal malpractice action alleging fraud and aiding and abetting the client to breach fiduciary obligations to plaintiff; United States District Court decision affirmed by Third Circuit Court of Appeals.
  • Summary judgment for law firm on claims of negligence and conflict of interest with damages alleged in excess of $10 million; affirmed on appeal.
  • Summary judgment for law firm in professional negligence case based on successful challenge to plaintiff’s expert report as “net” opinion.
  • Summary judgment for law firm in a professional negligence case, including allegations of fraud.
  • Summary judgment for law firm in legal malpractice case based on the absence of proximate causation.
  • Jury verdict for law firm on a professional negligence claim arising out of a matrimonial action.
  • Judgment for law firm following 5-week bench trial on claims of professional negligence and fraud.

Complex Commercial Disputes

  • Jury verdict for world class golf course in defense of allegations of breach of the covenant of good faith and fair dealing in the manner and method of membership sales; judgment in favor of the golf course on its counterclaim, including an award of counsel fees and costs.
  • Judgment following four week arbitration proceeding for former president and CEO of multi-national company who obtained both contract benefits and long-term incentive awards.
  • Representation of real estate developers in litigation involving large redevelopment projects in Bayonne and Jersey City.

Rankings/Recognitions:

  • Fellow, American College of Trial Lawyers
  • Certified, Civil Trial Attorney by New Jersey Supreme Court
  • Fellow, American Bar Association
  • Selected for inclusion in Best Lawyers in America® 2002-2015 and currently is listed in the practice areas of Bet-the-Company Litigation, Commercial Litigation, Legal Malpractice Law-Defendants, and Appellate Practice
  • Selected for inclusion in New Jersey Super Lawyers® 2005-2015
  • Listed in Chambers USA: America's Leading Lawyers for Business, 2015, Litigation: General Commercial
  • Recipient of Middlesex County Bar Association's Chancery Practice Award, 2013
  • “AV” Martindale-Hubbell peer review rating
  • Former Chair of Ethics Committee
  • Appointed Special Ethics Master by Supreme Court of New Jersey

    Best Lawyers is published by Best Lawyers in partnership with US News and World Report.  Chambers is published by Chambers and Partners. Super Lawyers is published by Thomson Reuters.  A description of their selection process can be found in the respective links above. The aforementioned organizations are private peer review organizations, not court specific public certification vehicles.  No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.

Publications:

  • “Saffer Fee Shifting and Fee Disgorgement: Who is at Risk?”, New Jersey Lawyer Magazine, June 2016
  • “Legal Fees Under New Jersey’s Open Public Records Act: A Guide to a Prevailing Party’s Right to Recovery,” New Jersey Lawyer Magazine, February 2012
  • “Chancery Division Jurisdiction and Case Management Procedures,” New Jersey Lawyer Magazine, December 1994
  • “Pleading Your Case:  A Practical Guide to New Jersey Civil Procedure Requirements,” New Jersey Lawyer Magazine, April 1993