William H. Tobolsky, Esq.
Location: Philadelphia/New Jersey
- Civil litigation
- Business, commercial and construction disputes
- Insurance coverage litigation
- Corporate counseling and transactions
- Foreclosure defense
- Corporate/partnership divorce
- Surety and Guarantee matters
- Non-profit and 501(c)(3) charitable
William Tobolsky has been practicing business litigation and representing clients in many facets of litigation for over 30 years, and still enjoys every moment of it. He provides counsel to a large array of businesses including regional construction companies, employers representing the manufacturing and service sectors, as well as non-profits, religious institutions and charitable foundations and others in dispute.
He especially enjoys handling complex, multi-party business disputes, professional liability and “bet the company” claims at the trial and appellate levels. He has represented numerous individuals, corporations, developers, and financial institutions in matters of substantial significance – either in terms of the amounts at stake, or based on concerns such as the client’s business operations or reputation.
In addition to his extensive experience in state and federal trial courts, Bill has represented clients in more than 50 appeals in numerous subject areas including fraud, insurance coverage, forgery, civil procedure, contract interpretation, construction, constitutional rights, and the New Jersey Law Against Discrimination. Many of these are matters he handled from the inception of the litigation, but others are high-profile cases referred to him on appeal by other lawyers and previous clients.
Widely published, William has held editorial positions with National Trial Lawyer, New Jersey Trial Lawyer and Rutgers-Camden Law Journal, and was a columnist for the Barrister, the publication of the Camden County Bar Association. He has also served as co-chair of the Construction Law Section Newsletter Committee of the New Jersey State Bar Association, and a subcommittee of the American Bar Association Committee on Business and Commercial Litigation.
Some of Bill’s recent successes include:
- Obtained dismissal of $1,000,000+ claim for fraud, negligence, unsuitability against Investment Advisor client over seven days of FINRA hearings
- Obtained dismissal of $3,000,000+ Telephone Consumer Protection Act class action against food services client
- Obtained dismissal of fraudulent transfer and partnership liability against HVAC contractor and owner
- Obtained approximately $100,000 reduction in state tax demand against cigar and pipe distributor client.
- Obtained $90,000+ judgment for asphalt contractor against developer after AAA hearing overriding claims of poor workmanship and damage to premises.
- Successfully petitioned for court approval of non-profit corporate Plan of Liquidation and distribution of funds. Wrote report to the Trustees of parent organization, guided organization through church financial audit, obtained approvals over objections of dissident groups.
- Successfully organized private Foundation which obtained 501c(3) approval.
- Obtained return of entire investment in start-up company obtained from our client by fraud and misrepresentation.
- Successfully appealed and obtained new trial for client, resulting in $450,000 settlement of claim.
- Obtained a dismissal of a class action in NJ Superior Court and Federal Court. Our client was in the food services industry.
- J.D., Rutgers University College of Law, Camden, 1979
- M.B.A., Rutgers-Graduate School of Business Administration (Newark), 1979
- A.B., Princeton University (English Department), 1974
Jurisdictions Admitted To Practice
- New Jersey
Professional Memberships and Associations
- NJ ABC
- Trustee, ABC-NJ PAC
- Member, Governmental Relations Committee
- Member, Education and Safety Committee
- Associated Builders and Contractors, NJ Chapter
- Beta Gamma Sigma
- Camden County Bar Association
- Member, Board of Trustees
- Commercial Litigation Committee
- Debtor-Creditor Relations Committee
- Public Benefits Committee
- Insurance Committee
- Camden County Regional Chamber of Commerce
- Alumni Representative/Coach, Rutgers School of Law Arbitration Team, ABA Law Student Division Regional Competition in Arbitrations, Birmingham, Alabama, November 16-18, 2007
- New Jersey State Bar Association
- Civil Litigation Section
- Construction Law Section, Co-Editor, Section Newsletter (2007-08)
- Business Law Section
- Equity Jurisprudence Committee
- Commercial Litigation Committee
- Princeton Club of Philadelphia, Trustee
- Princeton University Alumni Schools Committee, Chair, District 317x (Camden, Gloucester, Burlington, Salem and Cumberland Counties, NJ)
- Evidence Preservation On The Construction Job Site, The Legal Intelligencer’s Construction Law Supplement, August 2011
- Puppy Dog Liberation And Watering The Tree Of Liberty, United States v. Fullmer, published in The Barrister, Vol. 61, No. 4 (Camden County Bar Association, December 2009)
- Horton v. DeLuca: Under Section 10 of New Jersey Arbitration Act, New Jersey Courts Do Not Exercise Exclusive Jurisdiction Over Question of Whether Separate Arbitration Proceedings are to be Consolidated, and May Remand for Determination of That Issue by the Aribitral Forum, published in The Barrister, Vol. 61, No. 3 (Camden County Bar Association, November 2009)
- Work-Product Privilege and Auditor’s Worksheets, United States v Textron, Inc., 553 F.2d 87 (1st Cir. 2009)[reversed en banc since publication], published in The Barrister, Vol. 60, No. 8 (Camden County Bar Association, April 2009)
- Heller’s Impact On Search and Seizure Law, District of Columbia v. Heller, 128 S.Ct. 2783 (2008), ), published in The Barrister, Vol. 60, No. 4 (Camden County Bar Association, December 2008)
- Third Circuit Punts On Auditor’s In Pari Delicto Defense, Official Comm. of Unsecured Creditors of Allegheny Health, Education and Research Foundation v, PriceWaterhouseCooper, LLP, No. 07-1373, 2008 U.S. App. LEXIS 18823 (3rd 7/1/08), published in The Barrister, Vol. 60, No. 2 (Camden County Bar Association, October 2008)
- Innocent Victims of Policy Fraud: LaCroix Fails to Distinguish Bastien, published in The Barrister, Vol. 56, No. 10 (Camden County Bar Association, June 2008)
- Failure To File Motion For Leave To Appeal Interlocutory Order May Constitute Waiver Of Matters Otherwise Properly Raised And Preserved Before The Trial Court: Wein V Morris, published in The Barrister, Vol. 56, No. 9 (Camden County Bar Association May 2008)
- The Interplay Between Federal Procedural Principles And The New Jersey Uniform Fraudulent Transfer Act In Diversity Cases, Ford Motor Credit Co. v. Chiorazzo, 2008 U.S. Dist. LEXIS 830 (D.N.J. 2008), published in The Barrister, Vol. 56, No. 7, p. 5 (Camden County Bar Association March 2008)
- Edgar Extends Moench Abuse of Discretion Standards of EIAP’s, American Bar Association, Section on Litigation, Commercial and Business Litigation Committee, Cases and Commentary, (American Bar Association 12/21/2007), reprinted in Vol 55 The Barrister No. 6 (February 2008)
- Good Faith Pre-Litigation Negotiations Required For Builder’s Remedy Suit, But Not For Mount Laurel Declaratory Judgment Action, Construction Law Section Newsletter (New Jersey State Bar Association January 2008), reprinted in 55 The Barrister No. 5 (January 2008)
- Oppressed Minority Shareholder Awarded Counsel Fees Under Fund In Court Theory, 55, The Barrister, Vol 3 (November 2007)
- The Legend of John Henry, Esquire, 55 The Barrister, Vol 2 (October 2007)
- The Case of the Conscientious Chiropractor, 55 The Barrister, Vol 1 (September 2007)
- Issue Preclusion in Foreclosure Litigation, 55 The Barrister No. 10 (Camden County Bar Association June 2007)
- Citizens Complaint Clobbers County Contract, NJ Citizens Action Inc., v. County of Bergen, 55 The Barrister No. 9, p. 7 (Camden County Bar Association May 2007)
- High Court Handcuffs LAD Retaliation Claims, 55 The Barrister No. 8, p. 7 (Camden County Bar Association April 2007)
- Appellate Division Finds Implied Right to “Informational Privacy” Under New Jersey Constitution, 55 The Barrister No.7, p. 3 (Camden County Bar Association March 2007)
- One Small Voice: Evolving Confrontation Clause Limitations to the Excited Utterance Exception, State v. Buda, A-4778-04T4, 2006 N.J. Super. LEXIS 338 (App. Div. 12/20/2006), 55 The Barrister No. 6, p. 5 (Camden County Bar Association February 2007)
- Moderator, Camden County Site, Responses to Auditors, Current Issues, New Jersey State Bar Association, Business Law Section (State-wide teleconference), February 26, 2009
- Moderator, Camden County Site, Drafting Insurance Clauses in Contracts, New Jersey State Bar Association, Business Law Section (State-wide teleconference), March 27, 2008
- Paper presented in absentia, Conflicts of Interest and Dissolution in Family or Closely-Held Business Entities, New Jersey State Bar Association, Business Law Section, Family or Closely Held Corporations Committee, Luncheon Seminar on October 4, 2007 (Statewide teleconference).
- Speaker, Professional Development Symposium for Law Students and Attorneys, Rutgers School of Law at Camden, February 24, 2007
- Moderator, Camden County Site, Restrictive Covenants, New Jersey State Bar Association, Business Law Section (State-wide teleconference), February 7, 2007
- Moderator, Camden County Site, Hot Topics in LLC’s, New Jersey State Bar Association, Business Law Section (State-wide teleconference), November 2, 2006