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Davison Eastman Muñoz Paone, P.A.
Alan L. Poliner
Alan is an experienced litigator, primarily of complex commercial, real estate, and business disputes. While this type of litigation has been his focus, Alan has litigated cases in a wide variety of practice areas, including class actions, franchising, consumer fraud, unfair competition and business torts.
For over 20 years, Alan has continuously honed and improved his skills with the goal of providing the best counsel and winning cases for his clients. Alan has obtained judgments, verdicts and settlements in the millions of dollars for his clients.
Education
- Temple University School of Law, J.D. cum laude
- Temple University, B.S. Electrical Engineering
Admissions
- New Jersey
- New York
- Pennsylvania
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Second Circuit
Highlights
Successfully argued at the Supreme Court of New Jersey on behalf of Amicus Curiae
Successfully defended $70 million international lawsuit in the Southern District of New York, with a favorable jury verdict against plaintiff and in favor of client’s fraud counterclaims.
Successfully defended a $200,000 lawsuit over the sale of goods, with a favorable jury verdict for client on counterclaims for $4 million.
Obtained multi-million dollar settlement secured by $5 million consent judgment for a group of lenders against an intricate web of inter-related companies.
Obtained significant settlements for franchisee group from principals of now defunct franchisor.
Obtained a mid-six-figure settlement for client, a purported franchisee, for improper franchise disclosure by the defendant franchisor.
Obtained significant settlement for group of individual investors defrauded by investment scheme.
Key member of a legal team in a Bet-the-Company litigation against my client, a franchisor, involving a group of 60 franchisees suing for fraud, violation of franchise statutes, RICO, anti-trust, breach of contract and other claims in multiple states. Successfully obtained dismissal of most of the franchisees’ claims, which led to a favorable settlement.
Secured preliminary injunctions against former franchisees in violation of non-compete agreements and trademark rights; developed aggressive strategies to identify and terminate businesses that violated contracts and employed the illegal use of company trademarks.
Additional Practice Areas
- Business Law
- Litigation, Appeals, and Class Actions
- Franchise Law and Litigation
- Non-Competition Agreements and NDAs
- Breach of Contract
- Partnership & Shareholder Disputes
- Defamation – Slander, Libel & On-Line
- Business Disputes, Business Torts, and Fraud
- Commercial Litigation
- International Litigation
- Real Estate Litigation, Title Disputes, Land Use Litigation
- Trade Secrets, Trademark Infringement, Unfair Competition
Memberships and Affiliations
- Monmouth County Bar Association
- New Jersey Bar Association
Articles and Commentary
- February 2024: Joint Employer Rules: Are Employees of a Franchise Also Employees of Franchisee?
- April 2023: Employer Alert: FTC Proposes Banning Non-Compete Agreements
August 2022: The Subway Tuna Fish Fiasco - May 2022: Can A Franchisee Be Considered an Employee of the Franchisor in MA?
- December 2021: Do Employment Laws Apply to Franchisees of 7-Eleven? Doubtful.
- December 2021: Hospitality Franchising in NJ – Proposed New Law
- December 2021: Proposed New Hospitality Law in NJ Sneaks Franchising Into the Consumer Fraud Act
- October 2021: Words Matter: Analog TV to Digital TV
- December 2020: Attention NJ Residents Working in NY: Can NY Tax Employees While Working Remotely from NJ?
- November 2020: Are Franchisees Now Employees Under New California Law?
- March 2020: Contracts, Coronavirus, and Force Majeure – Can Contract Performance Be Excused?