Brian J. Molloy, Esq. is General Counsel at Wilentz, Goldman & Spitzer, P.A., serving as the firm's key advisor concerning the law governing lawyers, governance issues, risk management, and policy implementation. He also serves as Chairman of the Board at Wilentz, Goldman & Spitzer, P.A., and served as President and Managing Director from 2008 until 2021. Mr. Molloy concentrates his practice on business and commercial litigation, with an emphasis on defending professional malpractice claims. 

For more than 30 years, Mr. Molloy has served as lead counsel in complex commercial litigation in New Jersey and nationally. He has represented local and national law firms in litigation involving alleged malpractice, disputes concerning fiduciary duty, and ethics issues. He leads the firm’s Appellate practice, Professional Liability & Responsibility Litigation practice and Casino Law practice, and has been a shareholder since 1986.

Mr. Molloy is also the president of Pro Agents, a wholly-owned subsidiary of Wilentz that provides sports management services to professional baseball athletes.

Mr. Molloy 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. He has also been Certified as a Civil Trial Attorney by the New Jersey Supreme Court.

Mr. Molloy is 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.

Rankings/Recognitions:

  • Certified, Civil Trial Attorney by the Supreme Court of New Jersey
  • Fellow, American College of Trial Lawyers
  • Fellow, American Bar Association
  • Selected for inclusion in Best Lawyers in America since 2005 in the practice areas of Bet-the-Company Litigation, Commercial Litigation, Ethics and Professional Responsibility Law, Legal Malpractice Law-Defendants, and Appellate Practice; 2021 "Lawyer of the Year" in Bet-the-Company Litigation
  • Selected for inclusion in New Jersey Super Lawyers since 2005, including "Top 100" list in 2021
  • Listed in Chambers USA: America's Leading Lawyers for Business, 2011-2020, Litigation: General Commercial
  • Recipient of Middlesex County Bar Association's Chancery Practice Award, 2013
  • Martindale-Hubbell AV Preeminent Peer Review Rating
  • Former Chair of Ethics Committee
  • Appointed Special Ethics Master by the Supreme Court of New Jersey

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.
  • Obtained a dismissal after depositions of the Plaintiff of misrepresentation and ethics charges against an Am Law 200 law firm.
  • 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

  • Obtained a hard-fought summary judgment win on behalf of the main Defendant in an international Shareholder dispute where the damage claim was in excess of $25 million. Depositions were conducted in Israel and the United States.
  • 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.
 

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