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Lowenstein Sandler LLP

Joseph A. Fischetti

Joseph A. Fischetti

Counsel

Lowenstein Sandler LLP
New York, U.S.A.

tel: 973.422.6506
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Local Time: Sat. 13:20

Profile

With extensive experience in federal and state courts across the country, Joe Fischetti specializes in representing corporate clients in consumer fraud class actions, financial markets litigation, and high-stakes appeals.  Joe understands that courts reach their best conclusions when they are not operating in a vacuum, and he therefore appreciates the importance of ensuring that judges and factfinders understand his clients’ businesses and the markets in which they operate.  Whether starting with a case from commencement or first appearing as appellate counsel, Joe excels at breaking down complex facts and law so that courts readily comprehend the important issues at stake for his clients. 

Joe maintains an active pro bono practice for the Lowenstein Center for the Public Interest. His pro bono experience has included novel constitutional matters in the United States Supreme Court and other appellate courts, as well as representation in immigration court for refugees seeking asylum for political persecution.

Joe served as law clerk to the Honorable Katharine S. Hayden of the U.S. District Court for the District of New Jersey and the Honorable Stuart J. Rabner, Chief Justice of the Supreme Court of New Jersey. Prior to law school, Joe was a legislative assistant at a law firm in Washington, D.C., specializing in governmental affairs issues in the financial services industry.

Bar Admissions

    New York
    New Jersey

Education

Seton Hall University School of Law (J.D. 2010), magna cum laude; Seton Hall Law Review, Executive Editor
George Washington University (B.A. 2005), cum laude, History and Political Science
Areas of Practice
Professional Career

Significant Accomplishments

Successfully defended a claim in the United States District Court for the Southern District of Florida for misappropriation of trade secrets relating to ideas for the development of an electronic exchange for repurchase agreements, winning a complete victory on summary judgment with a finding that the client, a broker-dealer, never utilized or disclosed the alleged ideas at issue.

Represented the State of New Jersey as special outside counsel in the State’s lawsuit against Volkswagen, Audi, and Porsche for their role in a massive consumer fraud scandal known as “dieselgate.” Successfully negotiated a settlement of all claims for a total of $69 million for New Jersey.

Represents institutional investors as plaintiffs in the civil prosecution of securities fraud cases.

Defeated certification of a class of ratepayers suing a Massachusetts electric utility for damages caused by widespread and lengthy blackouts following a major winter storm. Successfully defended that result on appeal to the Massachusetts Supreme Judicial Court, which resulted in one of the key Supreme Judicial Court opinions addressing the standards for class certification in Massachusetts.

Represented a major biotechnology company in the State Court of New Jersey in a 350-plaintiff case involving claims related to the use of human acellular dermal matrices in ventral hernia surgery and abdominal wall reconstruction.

Provided pro bono representation to a Colombian refugee who sought asylum as a result of political persecution. After seven years of proceedings in Immigration Court and before USCIS, the client secured an adjustment of status and became a permanent resident of the United States.

Represented a leading residential real estate developer in a $200 million dispute in the District of Maryland involving the proposed purchase of 1,250 acres of land in Prince George's County.

Represented a partner in a business dispute concerning a large apartment complex, successfully obtaining judgment in excess of $50 million against defendant managing partner for civil racketeering offenses, fraud, breach of fiduciary duty, and breaches of the partnership agreement and partnership law.

Represented Volunteer Lawyers for Justice (VLJ) in an appeal to the New Jersey Supreme Court arising from ethics issues related to VLJ's pro bono bankruptcy clinic for low-income, no-asset Chapter 7 bankruptcy debtors. Reversing a decision of the Advisory Committee on Professional Ethics, the Court held that volunteer lawyers staffing the clinic do not face a conflict of interest under the Rules of Professional Conduct pertaining to conflicts of interest – with appropriate safeguards, a volunteer lawyer can represent a low-income debtor in a no-asset Chapter 7 bankruptcy matter even if the lawyer's firm represents one or more of the debtor's creditors in unrelated matters.

Speaking Engagements

Consumer protection litigation has increased significantly throughout the country.

Everyone in the United States is a consumer, and consumer law touches everyone. New Jersey’s Consumer Fraud Act is one of the strongest consumer protection laws in the country. In addition, consumers enjoy protection of federal legislation such as the Fair Debt Collect Practices Act, Fair Credit Reporting Act, Truth in Lending Act, anti-discrimination laws, RICO, and others.

Consumer protection law cases may stem from predatory lending issues, home improvement problems, issues with car dealerships, just to name a few. At this seminar, a panel of attorneys with substantial experience in the field will show you how to grow your practice in the consumer protection area.

Attendees will learn effective techniques and strategies as they are guided through the procedure for representing and defending various types of consumer protection claims.

Joseph A. Fischetti joins a panel addressing Class Actions: Perspectives on Key Issues as part of the New Jersey State Bar Association's 2019 Annual Meeting and ConventionThis interactive session will present viewpoints from both sides of the “v.” regarding key issues in modern class action practice, including the 2018 amendments to Rule 23, class arbitration, and damages calculations. The panelists will also discuss ethical considerations for all counsel to consider when evaluating these issues.

Moderator/Speaker: Jennifer Thibodaux, Senior Legal Editor, Thomson Reuters 

Panelists:

  • Joseph A. Fischetti, Counsel, Lowenstein Sandler LLP 
  • Bruce D. Greenberg, Member, Lite DePalma Greenberg, LLC
  • Yongmoon Kim, Kim Law Firm LLC
  • Kelly M. Purcaro, Senior Attorney, Cohn Lifland Pearlman Herrmann & Knopf LLP
  • Lisa J. Rodriguez, Partner, Schnader Harrison Segal & Lewis LLP

Additional information:

  • Fischetti's panel takes place Friday, May 17, 2019, 11:15 a.m.-1 p.m.
  • The conference takes place Wednesday, May 15-Friday, May 17, 2019
  • Program location: Borgata Hotel Casino & Spa, One Borgata Way, Atlantic City, NJ 08401; 609.317.1000


Professional Associations

New Jersey State Bar Association
  • Class Actions Special Committee
  • Appellate Practice Special Committee
Association of the Federal Bar of New JerseyAmerican Bar Association
  • Class Actions & Derivative Suits Committee
District V-B Ethics Committee, Supreme Court of New Jersey, 2017-present


Professional Activities and Experience

Accolades
  • New Jersey Rising Stars (2019) - Joseph Fischetti
  • Award of Excellence - ABA/BNA - 2010

Articles

    Employers Must Use Revised FCRA Notices, January 9, 2013
    New Jersey Assembly Passes Anti-Forum Selection Clause, January 27, 2017
    New Jersey Pushes Back Against Class Action Waivers and Arbitration Clauses, February 23, 2015
    NJ Pushes Back Against Pro-Arbitration Federal Policy, March 10, 2015
    Ratliff v. Astrue: The Collision of the Equal Access to Justice Act and the Debt Collection Improvement Act, 2010
    State Courts May Become Sole No-Injury Class Action Forum, January 8, 2016
    The Third Circuit’s Ascertainable Scrutiny of Cy Pres Awards in Class Action Settlements, April 2015
    What Must “No-Injury” Suits Allege to Satisfy Article III Standing to Sue in Federal Court?, May 17, 2016

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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