Edward T. Kole - Business Litigation Attorney

Edward T. Kole
Phone: 732.855.6125
Fax: 732.726.6655
Bar Admission:

New Jersey, 1987
United States District Court for the District of New Jersey, 1987
United States Court of Appeals, Third Circuit, 1998
United States Supreme Court, 2003

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Education:

J.D., Seton Hall University School of Law, 1987
B.A., Rutgers College, 1984

Biographical Information:

Edward T. Kole chairs the Commercial Litigation department at Wilentz and has nearly 30 years of experience in the practice of complex corporate and commercial litigation.  Mr. Kole is an accomplished business litigator and trial lawyer, having handled commercial disputes on behalf of public and private companies in New Jersey and across the nation, including matters venued in California, Delaware, Florida, Illinois, Maryland, New York and Texas.  In addition to the relationships he forges and maintains with each of his individual business clients, he is well known and regarded among the New Jersey state and federal judiciary as a result of his experience in the courtroom and his leadership positions within the Federal and New Jersey Bar Associations.

Mr. Kole is the first Vice President of the Association of the Federal Bar of the State of New Jersey.  He is the immediate past chair of the Business and Commercial Litigation Committee of the New Jersey State Bar Association, and previously served as a member of the Appellate Practice Committee and past chair of the Federal Practice and Procedure Committee.  Mr. Kole is also a member of the Lawyers Advisory Committee, and co-chair of the Pro Bono Committee, for the United States District Court of New Jersey. He is also a Fellow of the American College of Trial Lawyers as well as a Fellow of the American Bar Foundation.  Mr. Kole firmly believes that it is not enough to be a good lawyer, but that a commitment to elevating the practice of law and dedication to legal community is his responsibility.  That sense of obligation to his profession, his colleagues and the firm directly translates to level of service each of his clients receive.

Mr. Kole’s practice includes the representation of large and medium sized businesses and corporations at every level of state and federal courts, involving a myriad of legal issues including:  complex contract disputes; restrictive covenant and trade secret litigation; securities and derivative actions; as well as litigation concerning business, shareholder/partnership and franchise disputes.

His experience as a litigator and his commitment the New Jersey legal community has made Mr. Kole a sought after lecturer on federal and appellate practice, restrictive covenant and trade secret litigation, as well as on shareholder disputes and has conducted and moderated numerous seminars for the New Jersey Institute for Continuing Legal Education.

Before joining the firm, Mr. Kole was a judicial intern to the Honorable Leonard I. Garth, U.S. Court of Appeals, Third Circuit, and to the Honorable Robert E. Cowen, U.S. District Court for the District of New Jersey.  He was also a judicial clerk for the Honorable Eugene D. Serpentelli, Assignment Judge, County of Ocean, Superior Court of New Jersey.

In 2018, Mr. Kole became a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. He has been named a leading lawyer in his field by Chambers USA and has been included in New Jersey Best Lawyers in America list since 2006 and New Jersey Super Lawyers list since its inception in 2005. Chambers USA is published by Chambers and Partners. Best Lawyers is published by Best Lawyers in partnership with US News and World ReportSuper 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.

Speaking Engagements:

  • 42nd Annual Unites States District Court Judicial Conference, presented by the Association of the Federal Bar of New Jersey, March 29, 2018, Ethical Responsibilities and Pro Bono Opportunities  in the D.N.J. – The Re-entry/”ReNew” Program, Section 1983 Litigation and Seeking Justice For All (Panelist) 
  • NJSBA Business & Commercial Litigation Special Committee, November 30, 2017, “Business Litigation – The Year in Review” (Moderator/Speaker)
  • NJSBA Federal Practice Section and the Association of the Federal Bar of New Jersey, October 11, 2017, “Successful Federal Court Practice” (Moderator/Speaker)
  • NJSBA Business & Commercial Litigation Committee and NJSBA Senior Lawyers Special Committee, June 2, 2017, “Business Litigation Roundtable:  Current Issues in Business Litigation” (Moderator/Speaker)
  • Middlesex County Bar Association - 12th Annual Practice Area Awards General Membership Dinner Meeting, March 22, 2017, “How to Avoid & Defend a Legal Malpractice Case” (Speaker)
  • NJSBA Business and Commercial Litigation Special Committee and Senior Lawyers Special Committee, December 6, 2016, “Business Litigation: The Year in Review” (Moderator/Speaker)
  • NJSBA Federal Practice & Procedure Section and the NJSBA Business & Commercial Litigation Special Committee: Nuts & Bolts of Federal Court Practice, October 20, 2016 (Moderator)
  • NJCCA – 14th Annual CLE Conference, September 16, 2016, “Mediation & Settlement of Business Disputes”
  • NJSBA Business & Commercial Litigation Committee – Business Litigation Roundtable: Current Issues in Business Litigation, June 17, 2016
  • NJSBA 2016 Annual Convention, May 19, 2016, “Inside the New Complex Business Litigation Program for the New Jersey Superior Court”
  • Ocean County Bar Association - Ethics/Legal Malpractice Defense Seminar, May 2, 2016
  • NJICLE, April 13, 2016, “What to Do When You Get that Call: Legal Answers in Emergency Situations”
  • NJSBA Dispute Resolution Section & Business & Commercial Litigation Committee CLE Dinner Meeting, January 26, 2016, “One Year Later: The Business Court”
  • NJSBA Business and Commercial Litigation Special Committee, December 11, 2015, “Business Litigation: The Year in Review, and What to Expect in 2016 & Beyond” (Moderator)
  • NJSBA Federal Practice & Procedure Section, December 1, 2015, “Hot Topics in Federal Rules & Procedure: Issues You’re Likely to Face in the Next Year and Strategies to Overcome Them” (Moderator)
  • NJCCA – 13th Annual CLE Conference, September 18, 2015, “The Legal Hold Process: Expanding Beyond Preservation / Document Retention & Preservation – Avoiding Adverse Consequences”
  • NJSBA Business & Commercial Litigation Committee – Business Litigation Roundtable: Current Issues in Business Litigation, June 11, 2015, “Navigating Muddy Waters: Restrictive Covenants & Trade Secrets” (Moderator)
  • NJSBA Federal Practice & Procedure Section and the NJSBA Business & Commercial Litigation Special Committee: Nuts & Bolts of Federal Court Practice, April 14, 2015
  • 39th Annual United States District Court Judicial Conference, presented by the Association of the Federal Bar of New Jersey, March 19, 2015, “Essential Tenets, Ethics and Professionalism, of Handling a Pro Bono Matter in the District Court of New Jersey”
  • NJSBA Business & Commercial Litigation Special Committee, March 10, 2015, “Webinar: Mediation & Settlement Techniques of a Business Dispute”
  • NJCCA – 12th Annual CLE Conference, September 19, 2014, “Navigating Muddy Waters: Restrictive Covenants & Trade Secrets”
  • Business Litigation Roundtable: Current Trends and Issues in Business Litigation, NJSBA Business and Commercial Litigation Special Committee, June 12, 2014, “Restrictive Covenants and Trade Secrets”
  • 38th Annual United States District Court Judicial Conference, Association for the Federal Bar of New Jersey, March 20, 2014, “Third Circuit Practice: A Practitioner’s Guide”
  • Seminar presented by NBI, Inc., December 12, 2013, “Representing Your Client in Federal Court”
  • NJSBA Federal Practice & Procedure Section, October 22, 2013, “Nuts & Bolts of Federal Court Practice”
  • NJSBA Federal Practice & Procedure Section, June 24, 2013, “Effective Techniques in Mediation Advocacy”
  • Handling Commercial/Business Litigation Issues Symposium, presented by the NJSBA Business & Commercial Litigation Committee, June 5, 2013, “Restrictive Covenant and Trade Secret Litigation in NJ”
  • NJSBA Federal Practice & Procedure Section and the NJSBA Business & Commercial Litigation Special Committee: Nuts & Bolts of Federal Court Practice, April 22, 2013
  • NJICLE, March 13, 2013, “Webinar: Removal to Federal Court”
  • Federal Pro Bono CLE Program, The United States District Court for the District of New Jersey and The Association of the Federal Bar of New Jersey, Trenton, NJ, February 27, 2013
  • NJSBA Federal Practice & Procedure Section and the NJSBA Business – Commercial Litigation Committee: Nuts & Bolts of Federal Court Practice, September 13, 2012
  • Handling Contract/Commercial Litigation Issues Symposium, NJSBA Business & Commercial Litigation Special Committee, December 6, 2011, “Restrictive Covenant Litigation in NJ”
  • NJSBA Federal Practice & Procedure Section and the NJSBA Business & Commercial Litigation Special Committee: Nuts & Bolts of Federal Court Practice, October 12, 2011
  • Basics of Pro Bono Representation in the District of New Jersey Seminar, The United States District Court for the District of New Jersey and The Association of the Federal Bar of New Jersey, September 26, 2011
  • NJICLE, March 8, 2011, “Webinar: Mediation & Settlement Techniques of a Business Dispute”
  • NJSBA Federal Practice & Procedure Section and the NJSBA Business & Commercial Litigation Special Committee: Nuts & Bolts of Federal Court Practice, February 17, 2011
  • NJSBA Federal Practice & Procedure Section and the NJSBA Business & Commercial Litigation Special Committee: Nuts & Bolts of Federal Court Practice, October 27, 2010
  • NJICLE, February 25, 2010, “Webinar: Removal to Federal Court”
  • NJSBA 2009 Annual Convention, May 14, 2009, “Navigating Your Way Through Multi-Party Litigation”
  • Federal Practice for New Jersey State Court Practitioners Seminar, The Association for the Federal Bar of New Jersey, November 20, 2008
  • NJSBA 2008 Annual Convention, May 22, 2008, “Nuts & Bolts of Practice Before the Third Circuit”
  • Beyond the Employment Agreement: The Life-Cycle of a Medical Practice from Buy-In to Buy-Out and the Consequences of Restrictive Covenants Seminar, American Association of Physicians of Indian Origin, April 18, 2008
  • Navigating the Federal Courts in the Age of Technology: From E-Discovery to E-Trials Seminar, The Association for the Federal Bar of New Jersey, November 19, 2007
  • Appellate Practice Seminar, Middlesex County Bar Association, May 8, 2007
  • Recent Developments in NJ Trusts & Estates Law Seminar, Mercer County Bar Association, February 2, 2005
  • Probate Litigation Update, Middlesex County Bar Association, January 12, 2005
  • How to Present an Appeal Seminar, Mercer County Bar Association, October 27, 2004
  • Seminar presented by NJICLE, May 10, 2003 “Do’s & Don’ts of Federal Practice for Experienced Practitioners”
  • E-Commerce & Internet Law Symposium, March 7, 2002, “Explore the Issues and Challenges Facing Businesses in the Electronic World, Including…”
  • NJCPA Mega Conference, October 29, 1999, “The Accounting Expert”

Publications:

  • "Issues Concerning The Enforcement Of Restrictive Covenants In Commercial Leases”, New Jersey Lawyer Magazine, April 2018
  • "The Superior Court’s Complex Business Litigation Program Three Years After Inception”, New Jersey Lawyer Magazine, April 2018
  • “Defending Against the Termination of a Franchise in New Jersey:  Some Practical Considerations”, New Jersey Lawyer Magazine, February 2016
  • “Inside the New Complex Business Litigation Program for the New Jersey Superior Court”, Association of Corporate Counsel Newsletter, October 2015
  • “Oral Argument Before the Third Circuit – The Privilege and Preparation,” New Jersey Lawyer Magazine, August 2015
  • “Keeping it Real and Reasonable – Crafting and Defending a Post-Employment Restrictive Covenant,” New Jersey Lawyer Magazine, December 2014
  • “Updated Corporate Statutes Make New Jersey More Attractive to Businesses; An Analysis of the Recently Enacted Derivative Action Statute,” New Jersey Lawyer Magazine, April 2014
  • Chapter 14, “Final Pretrial Orders,” New Jersey Law Journal Books: New Jersey Federal Civil Procedure, 2008–2013
  • “The Threat or Prospect of Franchise Termination - Knowing Your Rights In New Jersey,” Wilentz, Goldman & Spitzer, P.A. Newsletter, http://goo.gl/LszQ3h, January 2010
  • “Franchise Attorneys Speak Out About AAHOA’s 12 Points,” AAHOA Magazine, December 2008
  • “The More and Pierson Decisions: Restrictive Covenants Between Physicians are Enforceable, and May Restrict Physicians from Practicing in Local Hospitals,” BIZ INDIA Magazine, January/February 2005
  • “Enforcing Restrictive Covenants in Commercial Leases,” BIZ INDIA Magazine, September/October 2004
  • “Basics of Injunctive Relief in Federal Court,” New Jersey Lawyer Magazine, February 2004
  • “Minimize Undue Influence Claims Through Proper Drafting and Execution of the Will,” New Jersey Law Journal, May 26, 2003
  • “Fighting Claims of Corporate Wrongdoing,” New Jersey Law Journal: Complex Litigation, April 28, 2003
  • “When Your Client’s Neighbor Becomes a Competitor,” New Jersey Law Journal, March 17, 2003

Area of Emphasis:

Corporate Commercial Litigation, Federal Court Practice, Chancery Practice, Appellate Practice, Class Actions, Franchise Litigation, Partnership/Shareholder Disputes, Business Disputes, Security Litigation, Derivative Actions, Estate Litigation