Shalom D. Stone

Shalom D. Stone's Profile Image
Phone: (973) 400-4181
Fax: (973) 498-0070

Shalom Stone focuses his practice on complex business litigation, white-collar criminal defense, legal ethics, and appeals. His litigation practice includes RICO claims, securities claims, contract disputes, Petroleum Marketing Practices Act claims, consumer fraud actions, professional malpractice and licensing, and insurance disputes. He represents a broad range of business interests including real estate owners and developers, franchise owners, lawyers, law firms, and accounting firms.

Shalom takes pride in representing clients from all fields of business and offers decades of experience in handling disputes in state and federal court. He has argued numerous appeals before the New Jersey Supreme Court, the Disciplinary Review Board, and the Third Circuit Court of Appeals.

In 2007, Shalom was nominated by President George W. Bush to the Third Circuit Court of Appeals. He is the former Chair of the Federal Practice and Procedure Section of the New Jersey State Bar Association, and a former member of the Lawyers' Advisory Committee of the District Court of New Jersey.

In December 2013, Shalom was recognized by the New Jersey State Bar Association for his pro bono representation of the NJSBA (as amicus) in Nostrame v. Santiago, 213 N.J. 109 (2013), in which he successfully argued that a lawyer is neither immune from liability, nor liable per se, for poaching a contingent-fee client from another lawyer. Shalom has been selected annually by New Jersey Super Lawyers in the area of Business Litigation since 2005.*

Education

  • New York University School of Law, J.D., 1987
  • Yeshiva University, B.A., 1984

Bar and Court Admissions

  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, Third Circuit
  • U.S. Supreme Court

Appointments & Recognitions

  • Nominated by President George W. Bush to the U.S. Court of Appeals, Third Circuit (2007)
  • Lawyers’ Advisory Committee, U.S. District Court, District of New Jersey (2003-2004)
  • Chair, Federal Practice and Procedure Section, New Jersey State Bar Association (2002-2004)
  • Selected by New Jersey Super Lawyers for Business Litigation (2005-2017)*
  • Honored with Martindale Hubbell®’s highest rating, “AV Preeminent®” **
  • Recognized by the New Jersey State Bar Association in December 2013 for his successful pro bono representation of the NJSBA, as amicus curiae, in Nostrame v. Santiago, 213 N.J. 109 (2013), arguing that a lawyer is neither immune from liability, nor liable per se, for poaching a contingent-fee client from another lawyer.

*The Super Lawyers list is issued by Thomson Reuters. See the Super Lawyers website for a description of the selection methodology and other information about Super Lawyers. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

**See the Martindale-Hubbell® website for a description of the methodology and other information about Martindale-Hubbell®. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Speaking Engagements

  • "Responding to the Regulatory Class Action" (September 2015)
  • "Outsourcing Enforcement: Regulating Business" (September 2015)
  • "Recapping the NJ Supreme Court's Latest Medical Malpractice Insurance Case" (May 2015)
  • “Ethics and Conflicts of Interest in Mediation and Arbitration” (June 2014)
  • “The Ethics of Fee-Shifting,” moderator (July 2013)
  • “Ethical Issues in Criminal Trial Practice” (February 2009)
  • “Ethical Issues in Real Estate Closings” (October 2006)
  • “The Impact of Electronic Discovery,” moderator (April 2004)
  • “Perspectives from the Federal Bench and Bar” (May 2003)
  • “Federal Appellate Practice” (October 2002)
  • “New Amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence” (December 2000 and January 2001)
  • “Federal Sentencing Guidelines for Corporations” (January 1996)
  • “Federal Practice Update” (June 1995)

Publications

  • “The Scope of Discovery in the Federal Courts” (ABA Section of Litigation 1998) (co-author)
  • “Court Eases Standard on Naming Rent Receivers,” 4 N.J. Lawyer 295 (1995) (co-author)
  • “Calculating U.S. Penalties for Corporations Convicted of Attempt or Conspiracy,” New Jersey Law Journal, Vol. 141, p. 1379 (July 10, 1995) (co-author)
  • “The United States Versus the Liquidators of Insolvent Insurance Companies: One Elephant, Two Roads, Three Circuits and a Little Bit of Law,” 13 Ins. Lit. Rep. 467 (Shepard’s/McGraw-Hill 1991) (co-author)

Professional Activities

  • American Bar Association
  • Association of the Federal Bar of New Jersey
  • National Association of Criminal Defense Lawyers
  • New Jersey State Bar Association

Representative Cases

  • Aloia Construction Co., Inc. v. BFW/Howell Associates, LLC, 2010 WL 322890 (App. Div.), certif. den., 201 N.J. 498 (2010) (construction lien and payment guaranty)
  • AT&T Corp. v. New York City Health & Hospitals Corp., 72 F.Supp.2d 398 (S.D.N.Y. 1999) (dismissal of third-party complaint for lack of supplemental subject matter jurisdiction)
  • Colon v. City of Rochester, 2002 WL 1461909 (N.Y. Sup. 2002), aff’d, 307 A.D.2d 742, 762 N.Y.S.2d 749 (4th Dep’t), leave to appeal den., 100 N.Y.2d 628, 801 N.E.2d 412, 769 N.Y.S.2d 192 (2003) (defamation claim arising from 30-year-old homicide)
  • DeVesa v. Dorsey, 134 N.J. 420 (1993) (represented state judge challenging constitutionality of senatorial courtesy)
  • DeMarco v. Stoddard, 223 N.J. 363 (2015), cert. den., ___U.S. ___ (2016) (amicus curiae)
  • EPIX Holdings Corp. v. Marsh & McLennan Companies, Inc., 410 N.J. Super. 453 (App. Div. 2009) (interlocutory appeal from denial of arbitration in antitrust case)
  • Gleason Design Assoc. Inc. v. Pizzelli Assoc. Inc., 2008 WL 5083604 (N.J. App. Div. 2008) (construction dispute)
  • Greenberg & Covitz v. National Union Fire Ins. Co. of Pittsburgh, Pa., 312 N.J. Super. 251 (App. Div.), certif. den., 157 N.J. 577 (1998) (insurance coverage dispute)
  • Hartz Mountain Industries, Inc. v. New Jersey Sports & Exposition Authority, 369 N.J. Super. 175 (App. Div.), certif. den., 182 N.J. 147 (2004) (Open Public Records Act case)
  • Housing Authority of the City of Newark v. Devils Arena Entertainment LLC (AAA 2012) (construction and rent dispute re Newark’s Prudential Arena)
  • In re Accutane® Litigation (2013-2014) (appeal from trial judge’s denial of recusal)
  • In re Gallo, 178 N.J. 115 (2003) (attorney disciplinary proceeding)
  • In re Integrity Ins. Co., 240 N.J. Super. 480 (App. Div. 1990) (insolvent insurance company suit against former D&O’s and accountants)
  • In re Protest of Hartz Mountain Industries, Inc., 2006 WL 2371348 (N.J. App. Div. 2006) (challenge to state authority’s redevelopment of Continental Airlines Arena)
  • In re Wigenton, 210 N.J. 95 (2012) (attorney disciplinary proceeding)
  • Katz v. BPS Guard Services, Inc., (N.J. 1996) (death of patron at Grateful Dead concert)
  • McGuire v. International Fidelity Ins. Co., 550 N.Y.S.2d 132 (N.Y. App. 1989) (surety claim)
  • Murphy v. Simmons, 2008 WL 65174 (D.N.J. 2008) (shareholders’ RICO claim)
  • Nostrame v. Santiago, 213 N.J. 109 (2013) (tortious interference with attorney-client relationship) (amicus curiae for the New Jersey State Bar Ass’n)
  • Rocker Management, L.L.C. v. Lernout & Hauspie Speech Products, N.V., 2007 WL 2814653 (D.N.J. 2007) (short-seller’s securities fraud action)
  • Roman Catholic Archdiocese of Newark v. Christie, 2016 WL 1718676 (D.N.J. 2016) (constitutional challenge to state legislation)
  • Rose Art Industries, Inc. v. Swanson, 31 F.Supp.2d 367 (D.N.J. 1998), rev’d, 235 F.3d 165 (3d Cir. 2000) (preliminary injunction in trade dress dispute)
  • Route 27, LLC v. Getty Petroleum Marketing, Inc., 2011 WL 1256618 (D.N.J. 2011) (gasoline franchisees’ right of first refusal)
  • Rumbauskas v. Cantor, 266 N.J. Super. 399 (App. Div. 1993), rev’d, 138 N.J. 173 (1994) (statute of limitations for invasion-of-privacy claim)
  • Selective Ins. Co. of America v. Medical Alliances, LLC, 362 N.J. Super. 392 (Law Div. 2003) (medical insurance fraud claim)
  • Spencer Savings Bank v. Excell Mortgage Corp., 960 F.Supp. 835 (D.N.J. 1997) (self-critical analysis privilege)
  • The Travelers Property Casualty Company of America v. USA Container Co., 2017 U.S. App. LEXIS 6602 (3d Cir. 2017) (insurance coverage dispute)
  • United States v. A Parcel of Land, etc., Known as 92 Buena Vista Ave.,937 F.2d 98 (3d Cir. 1991), aff’d, 507 U.S. 111, 113 S.Ct. 1126 (1993) (innocent-owner defense to forfeiture)
  • United States v. Altieri, 278 Fed. Appx. 53, 2008 WL 2115469 (2d Cir. 2008) (double jeopardy)
  • United States v. Basroon, 38 Fed. Appx. 772, 2002 WL 1118029 (3d Cir. 2002) (wire fraud conspiracy)
  • United States v. Brumfield (S.D.N.Y. 1993-1996) (insider trading)
  • United States v. Paster, 173 F.3d 206 (3d Cir. 1999), on remand to, 64 F.Supp.2d 429 (M.D. Pa. 1999), aff’d, 211 F.3d 1262 (3d Cir. 2000) (table) (sentencing in homicide case)
  • United States v. Pedroni, 45 Fed. Appx. 103, 2002 WL 993573 (3d Cir.), cert. den., 537 U.S. 1045, 123 S.Ct. 617 (2002) (wire fraud conspiracy)
  • United States v. Vitale, 159 F.3d 810 (3d Cir. 1998) (sentencing in wire fraud)
  • U.S. Information Syst., Inc. v. Int’l Brotherhood of Electrical Workers Local Union No. 3, cert. den., 131 S.Ct. 626 (2010) (antitrust conspiracy)
  • Williams v. Cruz, N.J. Office of Admin. Law (2016), app. dism., N.J. App. Div. (2016)