Marc D. Haefner

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

mhaefner@connellfoley.com

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Publications
Representative Experience

Marc D. Haefner represents clients in both complex commercial and intellectual property litigation. He has also taken numerous appellate cases to successful conclusions.

 

Mr. Haefner’s complex commercial litigation practice, while wide-ranging, specializes in civil cases arising under the Racketeer Influenced and Corrupt Organizations Act (RICO), and he has both successfully prosecuted and defended such cases. He has also defended numerous cases, including class actions, brought under New Jersey’s Consumer Fraud Act.

 

His intellectual property work consists mainly of trademark and copyright infringement litigation in federal court. He has also assisted clients with patent litigation.

 

Mr. Haefner’s appellate work has run the gamut from First Amendment cases involving religious liberty to issues of first impression on New Jersey’s Construction Lien Law. He has taken cases to the appellate courts both when the firm represented the client below and when the case has been taken initially as an appellate matter.

 

While in law school, Mr. Haefner worked as the research assistant to Professor G. Robert Blakey, the recognized drafter of the RICO statute, and served as Conflicts Editor for the Journal of Legislation. Upon graduation in 1994, he clerked for the Honorable Harold A. Ackerman in the United States District Court for the District of New Jersey.

 

Practice Areas:

Business Litigation

Intellectual Property

Admitted to Practice:

State Of New Jersey

United States District Court for the District of New Jersey

United States Court of Appeals for the Third Circuit

 

Education:

University of Dallas (B.A., magna cum laude, 1991), Valedictorian

University of Notre Dame Law School (J.D., magna cum laude, 1994)

 

Affiliations:

American Bar Association

New Jersey State Bar Association

 

News:

Haefner Contributes Chapter on Protecting Product Design to New Intellectual Property Law Book (August 2008)


Publications

Author, “One Pitfall in Purchasing a Common-Law Trademark: A Look at the Continuous Use Requirement,” published in New Jersey Law Journal (June 9, 2008)
Authors, "RICO Still an Option for Defrauded Creditors," in the New Jersey Law Journal (2007)
Co-Author, "Offers of Judgment in Copyright Cases," The Metropolitan Corporate Counsel, Volume 12, No. 6, (June 2004)
Co-Author, Did Reves Give Professionals A Safe Harbor Under RICO?, Civil RICO Report (August 1993)

Representative Experience

Successful representation of major insurance company accused of RICO and antitrust violation in nationwide class action;

Successful representation of creditor using RICO to obtain satisfaction from debtors of the amount due;

Successful representation of major pharmaceutical company accused of consumer fraud in statewide class action;

Successful representation of yacht manufacturer in trade dress and copyright infringement litigation;

Successful representation of seller of allegedly infringing product in trade dress infringement litigation;

Successful representation of defendant alleged to be part of RICO enterprise involving numerous national defendants;

Successful appellate representation of state agency in securities case. Trump Hotels & Casino Resorts, Inc. v. Mirage Resorts Inc., 140 F.3d 478 (3d Cir. 1998);

Successful representation of employer accused of religious discrimination. Tzannetakis v. Seton Hall University, 344 F.Supp.2d 438 (D.N.J. 2004);

Successful representation leading to a favorable decision on the scope of the jurisdiction of the Army Corps of Engineers. FD & P Enterprises, Inc. v. U.S. Army Corps of Engineers, 239 F.Supp.2d 509 (D.N.J. 2003);

Successful representation of state agency on the scope of the civil rights statutes. Bryant v. New Jersey Dept. of Transp., 1 F.Supp.2d 426 (D.N.J. 1998); Bryant v. New Jersey Dept. of Transp., 998 F.Supp. 438 (D.N.J. 1998); Bryant v. New Jersey Dept. of Transp., 987 F.Supp. 343 (D.N.J. 1998);

Successful appellate representation on issue of first impression protecting the First Amendment rights of Catholic university. Romeo v. Seton Hall University, 378 N.J.Super. 384 (App.Div. 2005);
Successful appellate representation on issue of first impression regarding the proper construction of the New Jersey Construction Lien Law. Kvaerner Process, Inc. v. Barham-McBride Joint Venture, 368 N.J.Super. 190 (App.Div. 2004);
Successful appellate representation of municipality on proper scope of liability under federal civil rights statutes. Cherrits v. Village of Ridgewood, 311 N.J.Super. 517 (App.Div. 1998).