Michael W. Hoffman

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Michael W. Hoffman, Esq. is Of Counsel to Lanciano & Associates, L.L.C., which focuses its practice on complex, commercial matters, both litigation and transactional.

Mr. Hoffman presently concentrates in commercial litigation including intellectual property and unfair competition issues as well as general transactional litigation and labor and employment matters. During his career, he has also represented clients in civil rights law, land use matters, estate litigation, workers' compensation matters, school law including special education litigation, and personal injury litigation.

Mr. Hoffman is admitted to practice in the State of New Jersey, before the United States District Court for the District of New Jersey, before the United States Court of Appeals for the Third Circuit and holds a Certificate of Admission for the United States District Court for the Eastern District of Michigan. Mr. Hoffman has also been admitted pro hac vice to the United States District Court for the Eastern District of Pennsylvania.

Mr. Hoffman has moderated and presented at the New Jersey Institute For Continuing Legal Education on the topic of Transactional And Litigation Pitfalls In The Sale Of Residential And Commercial Real Estate. Mr. Hoffman is also published in the New Jersey Law Journal through "In Practice" articles.

Mr. Hoffman served as Judicial Law Clerk to the Honorable E. Benn Micheletti, J.S.C. (ret), in the Superior Court of New Jersey, Law Division, Monmouth County.

Mr. Hoffman received his undergraduate degree from Rutgers University in 1991 where he was a member of Pi Sigma Alpha, national political science honor society, and Alpha Phi Omega, national service fraternity. He received his Juris Doctorate from Syracuse University College of Law in 1994, where he served on the Journal of Legislation and Research as Executive Board Production Editor and received Honors for independent research in National Security Law.

Representative Experience

• By way of summary judgment at the close of discovery, successfully defended warehouse distribution company accused of discriminating against the purported sincerely held religious beliefs of an employee. Then, after appellate court gave the plaintiff his "day in court," successfully tried the matter for two weeks to a "no cause of action" verdict in favor of the defendant employer.
• Representing a global investment banking and securities firm, secured summary judgment upon commercial loans in excess of $300,000 financing purchase of classic sports cars. Successfully argued against counterclaim for lender liability on issue of proximate cause consequent to release of title when presented with payoff funds from consignment dealership that then did not clear, but were first tendered by "bona fide" purchaser.
• Represented creditor in a claim for approximately $500,000 in monies loaned to a business enterprise. On counterclaim, successfully defended breach of contract allegation on a construction fit-out contract securing a dismissal with prejudice on a motion to dismiss heard shortly before the last scheduled trial date.
• Representing custodial receiver for large development in foreclosure, addressed the legality of a municipal code, which arguably worked an unlawful off-tract exaction upon the developer and was pre-empted by the New Jersey Uniform Construction Code.
• Successfully defended a company in federal court, Eastern District of Pennsylvania, against claims of misappropriation of trade secrets and Lanham Act violations, amongst others, concerning the design of equipment used in the nuclear energy industry. Matter also involved allegations of misappropriated source code, copyright infringement of that code, look and feel software claims and restrictive covenant/holdover issues.
• Successfully represented company in an ejectment action concerning a parcel of commercial property fronting on the Arthur Kill navigable water way. This action was won on summary judgment and, then, settled on appeal. While on appeal, the litigation required emergent motion practice to protect riparian rights.
• Successfully represented a company in the packaging industry accused of trade dress violations. The matter resolved with an agreement to submit future issues between the parties to binding arbitration with a single neutral (selected at the time of settlement) knowledgeable of intellectual property. This was particularly important given the extensive if not tortured litigation history between the companies.
• Litigated a software development contract dispute involving consideration whether a time and material agreement is subject to the Uniform Commercial Code as the sale of a "good," or, alternatively, is outside the Code's writing requirement as a contract for "services."
• Through binding arbitration before a retired Superior Court judge, successfully defended members of three limited liability companies against claims of minority oppression. The litigation involved several parcels of property including land situated outside the United States and in the State of South Carolina, which required jurisdictional motion practice.
• By way of counterclaim, successfully settled financial malfeasance claim on behalf of condominium Association against former property management company. Matter involved spoliation issue concerning deletion of electronic QuickBooks file and conduct of computer forensics as well as forensic accounting.
• Through non-binding mediation, resolved a piece of construction litigation involving claims of unlawful "charge backs" as well as monies owed to a client, a large construction company working for a national builder.
• Settled personal injury matter for $500,000 along with companion workers' compensation claim for construction worker injured while carrying rebar.
• Looking to federal case law to interpret state wage and hour legislation, successfully tried "waiting to be engaged" verses "engaged to be waiting" overtime claim.

Reported Decisions

Zubrycky v. ASA Apple, Inc., 381 N.J. Super 162 (App. Div. 2005)

Atalese v. Long Beach Twp., 365 N.J. Super. 1 (App. Div. 2003)

Alderiso v. Med. Ctr. of Ocean County, Inc., 167 N.J. 191 (2001)

Published Articles & Presentations