Zachary D. Wellbrock

Zachary Wellbrock, a Partner at the firm, concentrates his practice on complex civil litigation and appeals, primarily in commercial disputes and First Amendment/media law matters involving issues such as defamation, privacy rights, and access to public records. In addition, he handles cases involving corporate law, New Jersey Consumer Fraud Act claims, breach of contract claims, franchise law (including cases under the New Jersey Franchise Practices Act and the federal Petroleum Marketing Practices Act), false advertising issues, and professional liability claims.

Zachary’s clients range from small businesses, such as builders, non-profit organizations, law offices, and transportation companies, to large manufacturing, development, franchisor, energy, health, and media corporations. He also represents individuals such as private equity fund investors, homeowners, reporters, authors of online reviews, and corporate/non-profit executives.

Education

• Clerkship, Hon. Rachel N. Davidson, Superior Court of New Jersey, Civil Division, 2011-2012
• Cornell Law School, J.D., 2011
• New Jersey Institute of Technology, B.A., magna cum laude, 2007

Bar Admissions

• New York, 2012
• New Jersey, 2011

Court Admissions

• U.S. Court of Appeals, Second Circuit, 2019
• U.S. Court of Appeals, Third Circuit, 2016
• U.S. District Court, Eastern District of New York, 2015
• U.S. District Court, Southern District of New York, 2015
• U.S. District Court, District of New Jersey, 2011

Representative Cases

• Defeated speech-based claims against foreign national, obtaining victory on motion to dismiss in United States District Court and then securing affirmance from the Court of Appeals for the Second Circuit because the claims against the client were all barred by the First Amendment.
• Defeated New Jersey Spill Act case against client, obtaining summary judgment dismissing all claims.
• Successfully obtained voluntary dismissal of all claims against client in products liability case against its corporate predecessor.
• Obtained relief from preliminary injunction on emergent application to the Superior Court of New Jersey, Appellate Division, allowing athlete client to compete for rival promoter during pendency of litigation.
• Represented a member of a non-profit Board of Trustees in connection with a subpoena issued for an arbitration, successfully narrowing the scope of the subpoena on appeal after a trial court had previously allowed it.
• Obtained voluntary dismissal of intentional infliction of emotional distress and other tort claims against media client in case involving investigative news segment.
• Defeated injunction application in Delaware Court of Chancery against pharmaceutical interests under theories of fraud, breach of fiduciary duty and misappropriation.
• Obtained temporary restraining order and preliminary injunction on behalf of homeowner against neighbor enjoining contamination of client’s property and abusive conduct by neighbor.
• Defeated attempt by defendant in fraud case to bring third-party claims against clients on the basis that the proposed third-party claims were futile as a matter of law.
• Successfully defended attorney in ethics proceeding before Disciplinary Review Board, obtaining a reduced penalty of a letter of admonition.
• Represented property owner in multi-jurisdictional dispute among U.S.-based and international parties; achieving a favorable settlement of construction defect, consumer fraud, and products liability claims involving the design and installation of a solar energy system at a large manufacturing facility.
• Defeated claims against franchisor client under the New Jersey Franchise Practices Act on motion to dismiss in United States District Court.
• Successfully obtained order terminating franchise under the Petroleum Marketing Practices Act on Order to Show Cause before the United States District Court.
• Obtained voluntary dismissal of tort and premises liability claims against restaurant owner client in personal injury case.
• Successfully represented unit owner clients, obtaining summary judgment declaring reallocation of condominium expenses to be in violation of the condominium’s Master Deed.
• Successfully represented clients in consolidated contract matters, first obtaining summary judgment dismissing all claims against clients, then obtaining summary judgment and final judgment in favor of clients on their own claims, along with an award of fees and costs in favor of clients.
• Retained on appeal, succeeded in obtaining affirmance of trial court victory in medical malpractice case where appeal issues included scope of testimony by treating physician and instructions to jury.

Honors and Awards

• Best Lawyers: Ones to Watch in America™, Commercial Litigation, 2022-2023
• Thomson Reuters, Rising Stars®, New Jersey, 2019-2022
• Thomson Reuters, Rising Stars®, NY: Metro, 2020-2021
• Cornell Law School, CALI Excellence for the Future Award in Advanced Legal Research, 2011

Professional Memberships

• American Bar Association
• The Association of the Federal Bar of New Jersey
• New Jersey State Bar Association
• New York State Bar Association
• Morris County Bar Association
• Hudson County Bar Association

Publications

• Media Law Resource Center, Survey of New Jersey Libel Law 2021 Update
• Media Law Resource Center, Survey of New Jersey Employment Privacy Law 2021 Update
• Media Law Resource Center, Survey of New Jersey Libel Law 2020 Update
• Media Law Resource Center, Survey of New Jersey Employment Privacy Law 2020 Update
• Media Law Resource Center, Survey of New Jersey Libel Law 2019 Update
• Media Law Resource Center, Survey of New Jersey Employment Privacy Law 2019 Update
• Media Law Resource Center, Survey of New Jersey Libel Law 2018 Update
• Media Law Resource Center, Survey of New Jersey Employment Privacy Law 2018 Update
• Media Law Resource Center, Survey of New Jersey Libel Law 2017 Update
• Media Law Resource Center, Survey of New Jersey Employment Privacy Law 2017 Update

Professional Activities

• The John C. Lifland American Inn of Court

Lectures and Appearances

• Guest lecturer, Rutgers University School of Law-Newark, Law and Mass Communication, 2019