Attorney Profiles

David N. Butler 
West Orange, New Jersey
Senior Member
phone (973) 325-1188
fax (973) 325-3399
email Email Me

David Butler is a senior member of Alpert Butler & Weiss' commercial litigation group, with extensive experience before both state and federal courts. Mr. Butler has handled a wide variety of complex litigation matters, including constitutional issues, banking matters, contract actions, shareholder disputes, employment law, antitrust and unfair competition claims, civil RICO litigation, business torts, legal and accounting malpractice, civil rights, public contract law, computer litigation, environmental claims, and land use litigation. He also has substantial experience with pre- and post-judgment remedies, including injunctions and writs of attachment.

Among the matters to which Mr. Butler has devoted substantial attention are: close corporation and partnership disputes requiring emergent relief on behalf of shareholders or partners, including 'freeze-outs', self-dealing, fraud and other misconduct; significant administrative matters; and substantial copyright and trademark disputes; and complex state and federal motion and appellate practice, including appeals to intermediate courts and petitions for certification to the New Jersey Supreme Court and certiorari to the United States Supreme Court.

Mr. Butler and the commercial litigation group have also engaged in substantial court and arbitration proceedings in such diverse matters as contamination of imported food ingredients; fraud and misconduct in the construction industry targeting both consumers and subcontractors; recovery of fraudulently-concealed assets; tortious acts by legal and other professionals to the detriment of third parties; and representation of group medical practices in disputes implicating anti-kickback, anti-self-referral, and related health industry laws and regulations.

Mr. Butler is the author of The Long Arm of Civil RICO, 143 N.J.L.J. 936 (1996), and has dealt with a substantial number of contested RICO matters, including both federal RICO (e.g., in Marshall v. Fenstermacher, 388 F.Supp.2d 536 (E.D. Pa. 2005), and New Jersey's uniquely extensive State RICO Act. He was also counsel in Rumbauskas v. Cantor, 266 N.J.Super. 399, 629 A.2d 1359 (App. Div. 1993), rev'd 138 N.J. 173, 649 A.2d 853 (1994), which dealt with the right to privacy. In addition, he appeared on ICLE's consumer fraud seminar as a panelist.

Mr. Butler received his J.D. degree in 1985 from Rutgers University School of Law, Newark, where he was Business Editor of the Rutgers Computer and Technology Law Journal, and his B.S. degree in Economics from Carnegie Mellon University in 1982. He is a member of the New Jersey and Pennsylvania Bars, and is admitted to practice before the United States District Courts for New Jersey and Southern, Eastern and Northern Districts of New York. Prior to joining our firm, Mr. Butler was a senior associate in the commercial litigation department of Greenberg Margolis.

Areas of Practice:
Litigation & Appeals
Bankruptcy Law
Contracts
Business Organizations
Employment Law -- Employee
Employment Law -- Employer
Labor Law
Real Estate Law
Bar Admissions:
New Jersey, 1985
Pennsylvania, 1986
U.S. District Court District of New Jersey, 1985
U.S. District Court Eastern District of New York, 1987
U.S. District Court Southern District of New York, 1987
U.S. District Court Northern District of New York, 2001
U.S. Federal Courts, 1985
Education:
Rutgers, The State University of New Jersey School of Law - Newark, Newark, New Jersey, 1985
J.D.
Law Journal: Rutgers Computer and Technology Law Journal, Business Editor


Carnegie-Mellon University, Pittsburgh, Pennsylvania, 1982
B.S.
Major:  Economics


Published Works:
The Long Arm of Civil Rico, 143 N.J.L.J. 936, 1996


Professional Associations and Memberships:
Essex County Bar Association


New Jersey State Bar Association


Past Employment Positions:
Commercial Litigation Department of Greenberg Margolis, Senior Associate