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Philip Rosenbach, Esq.

Philip Rosenbach, Esq.

Phil Rosenbach is licensed to practice law in New Jersey (1977) and New York (1983). His legal practice focuses on serving the needs of individuals and businesses with respect to transactional work and litigation, as well as copyright and trademark work, and he also handles commercial and residential real estate matters and land use applications. Phil has a degree in mathematics from the Massachusetts Institute of Technology and was on the law review at the University of Pennsylvania School of Law, and he enjoys analyzing and solving demanding problems for his clients.

Phil's first position following his graduation from law school was a clerkship with a Justice on the Supreme Court of New Jersey. He then worked for one of the largest law firms in New Jersey before founding his own practice, which continued for many years until he joined forces with his partner Bill Berman almost 15 years ago.

Phil is equally comfortable drafting complicated legal documents (such as contracts or briefs) and making court appearances to advocate for his clients. Phil has represented clients in connection with the purchase or sale of many different types of businesses, and also routinely deals with employment contracts, non-compete agreements, confidentiality agreements, and the like. The trials he has handled have lasted as little as one day and as long as three months. He has argued appeals before the New Jersey Supreme Court, New Jersey Appellate Division, the federal Third Circuit Court of Appeals, and the New York Appellate Division.

Phil is a member of the Worrall F. Mountain Inns of Court, which meets regularly in the Morris County Courthouse for the purpose of providing continuing education for attorneys primarily in the area of litigation.

For more than a decade, Phil has been a member of the Board of Adjustment in his hometown, and has served as chairman of that board for the past several years. For several years Phil was a member of the Board of Trustees of The Shakespeare Theatre of New Jersey, recently described in The Wall Street Journal as one of the half dozen preeminent regional theaters in the entire United States, and Phil was instrumental in providing the legal services to permit the theatre to purchase its 40,000 square foot administrative and training facility. Phil now serves on the Board of Pre-School Advantage, whose mission is to provide funding to needy families for pre-school.

Phil has represented clients in a wide range of areas as reflected in the following list of decisions:

  • Journal of African Civilizations Ltd., Inc. v. Transaction Publishers, 2013 WL 6498983, 2014 Copr.L.Dec. P 30,529, D.N.J., December 11, 2013 (NO. CIV.A. 11-6268 SDW) (Represented publishing company in copyright infringement action).
  • R.J. Brunelli & Co., Inc. v. Briad Development East, L.L.C., 2013 WL 490177, N.J.Super.A.D., February 11, 2013 (NO. A-5712-10T2) (Defended commercial property developer in breach of contract case with real estate broker at trial level and subsequent appeal).
  • Peck v. Donovan, 565 Fed.Appx. 66, 2012 WL 6131055, C.A.3 (N.J.), December 11, 2012 (NO. 12-1213) (Defended private individual against previous lawyer for attorneys’ fees claim barred by the statute of limitations)
  • Cozzolino v. Cozzolino, 2012 WL 6097090, N.J.Super.A.D., December 10, 2012 (NO. A-4770-10T1) (Represented one of two business partners in appeal of arbitration award)
  • Radiant Global Logistics, Inc. v. Cargo Warehouse Distribution Services, Inc., 2012 WL 3791557, N.J.Super.A.D., September 04, 2012 (NO. A-3966-10T4) (Represented owner of trucking logistics business on claim of  breach of contract of failed purchase of business at trial and on appeal)
  • Simon v. Associates In Cardiology and Internal Medicine, P.A., 2011 WL 2652152, N.J.Super.A.D., July 08, 2011 (NO. A-5010-09T4) (Represented medical group against breach of contract claim from previous employee).
  • U.S. Mineral Products Co. v. T-Mar Const., Inc., 2010 WL 703190, D.N.J., February 23, 2010 (NO. CIV A 09-5895SRC) (Defended manufacturer in defective product lawsuit)
  • Hawke Associates v. State, 2009 WL 1766624, N.J.Super.A.D., June 24, 2009 (NO. A-3230-07T3) (Represented owner of commercial building in reimbursement action where State agency was a holdover tenant)
  • Cutler v. Dorn, 196 N.J. 419, 955 A.2d 917, 2008 WL 2916431, 104 Fair Empl.Prac.Cas. (BNA) 25, 91 Empl. Prac. Dec. P 43,286, N.J., July 31, 2008 (NO. A-51 SEPT.TERM 2007) (Submitted amicus brief on behalf of civil rights organizations in hostile work environment matter)
  • Citigroup Global Markets, Inc. v. Metals Holding Corp., 45 A.D.3d 361, 845 N.Y.S.2d 282, 2007 WL 3343128, 2007 N.Y. Slip Op. 08766, N.Y.A.D. 1 Dept., November 13, 2007 (NO. 1988, 604205/05) (Succeeded in affirming dismissal of complaint brought in New York against metals importer client involved in multi--national litigation)
  • In re West Pan, Inc., 372 B.R. 112, 2007 WL 2076545, S.D.N.Y., July 20, 2007 (NO. 06 CIV. 6691 (DLC), 06 CIV. 6475 (DLC)) (In bankruptcy adversary proceeding represented defendants accused of breach of contract to fund a restaurant chain)
  • Ross v. Celtron Intern., Inc., 494 F.Supp.2d 288, 2007 WL 1874342, RICO Bus.Disp.Guide 11,313, D.N.J., June 25, 2007 (NO. CIV.A.05-1300 MLC) (Defended promoters of business against claims for breach of contract, fraud, tortious interference with contract, negligent misrepresentation and RICO)
  • Access 4 All, Inc. v. 539 Absecon Blvd., L.L.C., 2006 WL 1804578, D.N.J., June 26, 2006 (NO. CIV. 05-5624 (FLW)) (Represented defendant hotel in action against it for violation of Title III of the Americans with Disabilities Act)   
  • Howard Johnson Int'l. v. Cupola Enterprises, LLC, 117 Fed.Appx. 820, 2004 WL 2904742, C.A.3 (N.J.), December 15, 2004 (NO. 03-4458) (Defended franchisee against franchisor who alleged the defendant breached the franchise agreement and guaranty)
  • Matter of Liquidation of Integrity Ins. Co., 299 N.J.Super. 677, 691 A.2d 898, 1996 WL 875448, N.J.Super.Ch., November 15, 1996 (NO. C-7022-86) (Acted as local counsel in matter involving liquidation of an insurance company)
  • State v. Mortimer, 135 N.J. 517, 641 A.2d 257, 1994 WL 226632, 63 USLW 2015, N.J., May 26, 1994 (NO. A-11 SEPT. TERM 1993) (Submitted amicus curiae brief on behalf of civil rights organization in a harassment prosecution)
  • Walensky v. Jonathan Royce Intern., Inc., 264 N.J.Super. 276, 624 A.2d 613, 1993 WL 182334, N.J.Super.A.D., May 04, 1993 (NO. A-2800-91T5) (Defended business and its owner in oppressed minority shareholder and fraud action on appeal)
  • Abrams v. Koether, 766 F.Supp. 237, 1991 WL 99375, D.N.J., May 29, 1991 (NO. CIV.A. 90-3082) (Represented defendant corporation in shareholder derivative suit)
  • Drinkwater v. Union Carbide Corp., 904 F.2d 853, 1990 WL 73417, 56 Fair Empl.Prac.Cas. (BNA) 483, 53 Empl. Prac. Dec. P 40,002, C.A.3 (N.J.), June 06, 1990 (NO. 89-5418) (Represented female plaintiff in action against former employer for gender-based employment discrimination and retaliatory discharge) 
  • Town Tobacconist v. Kimmelman, 94 N.J. 85, 462 A.2d 573, N.J., July 19, 1983 (NO. A-65) (Defended shop against charges brought under New Jersey Drug Paraphernalia Act)
  • U.S. v. Simmons, 679 F.2d 1042, 10 Fed. R. Evid. Serv. 1270, C.A.3 (N.J.), May 14, 1982 (NO. 81-1613, 81-1877) (Represented one of multiple defendants in criminal matter accusing them of conspiracy, stealing and purloining money from federally insured banks, and interstate transportation of forged checks)

Based in Morristown, NJ Berman Rosenbach, P.C. serves the surrounding areas including but not limited to; Morris County, Somerset County, Hunterdon County, Essex County, Union County and all Federal Districts Courts.

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