McElroy Deutsch Adds Two Judges To Its Growing ADR Group

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McElroy Deutsch Adds Two Judges To Its Growing ADR Group
(L. to R.) Joseph LaSala, Dennis Cavanaugh and Edward Deutsch
McElroy, Deutsch, Mulvaney & Carpenter has beef ed up its alternative dispute resolution practice by reeling in
retired judges, most recently U.S. District Judge Dennis Cavanaugh, who became a partner as of Feb. 1.
He joins retired Monmouth County Superior Court Judge T homas Cavanagh Jr.—that's Cavanagh without the
"u"— who came to the f irm in the f all.
Managing partner Edward Deutsch says there's increased demand f or alternative dispute resolution, mediation
and related services since companies have been seeking to avoid litigation spend.
"T hat's been the case f or the last six or seven years," he says. "T he f irst place they cut costs is the legal
department."
T he additions bring the ADR practice's head count to 10, including f ormer Connecticut Supreme Court Justice
C. Ian McLachlan, hired a year bef ore that.
It also includes f ormer litigator Ronald Riccio, f ormer dean of Seton Hall University School of Law.
Last month, Cavanaugh turned 67 and notched his 13th year as district judge. T hat triggered the f ederal
judiciary's "rule of 80," which entitles a judge to retire at f ull pay, and take senior status if he wishes, once his
age and years of service equal 80.
Cavanaugh says he wanted to leave the bench but didn't want to return to traditional practice. "I have no
intention of really practicing law," Cavanaugh says. "I want to remain a neutral."
Cavanaugh's existing personal relationships with Deutsch and others at the f irm date to Seton Hall Law
School, where he graduated in 1972, and made the f irm a logical choice. He was approached by other f irms and
met with two. He declines to name them but says one was a New Jersey-based f irm, the other a national f irm
with of f ices here.
Cavanaugh says he also considered JAMS, a national ADR group made up entirely of retired jurists, but "was
looking more f or a structure" that a law f irm would of f er. JAMS neutrals of ten have solo of f ices or work f rom
home until a matter is assigned.
At McElroy Deutsch, Cavanaugh anticipates handling mass litigation, securities and intellectual property
matters, particularly in the pharmaceutical sector under the f ederal Hatch-Waxman Act.
"I think I had a reputation f or resolving matters," he says. "When I was a judge, I had 350 matters at any given
time. As a mediator…I would concentrate all my ef f ort on that mediation."
Af ter graduating law school, Cavanaugh spent f ive years as an assistant public def ender in Essex County and
then joined Newark's Lum, Biunno & Tompkins in 1977. T here, he primarily def ended insurers and corporations
in trials. He made partner in 1981 and, when Lum Biunno split in two in 1983, became a partner at present
Tompkins, McGuire, Wachenf eld & Barry.
In 1987, he moved to Whipple, Ross & Hirsh, also in Newark, and, beginning in 1992, practiced at Roseland's
McCormack, Petrolle & Matthews
T he next year, he was appointed a magistrate judge—beating out Helen Hoens, then a partner with Lum,
Hoens, Conant, Danzis & Kleinberg in Roseland; Jack Sabatino, then the state assistant attorney general in
charge of civil litigation; and Julio Fuentes, then an Essex County Superior Court judge.
In 2000, President Bill Clinton, at the recommendation of U.S. Sen. Robert Torricelli, nominated Cavanaugh, a
Democrat, to succeed U.S. District Judge Alf red Wolin, who was going on senior status.
In a somewhat surprising move at the time, the Republican-controlled Senate—accused of stalling Clinton's
judicial nominations in anticipation of George W. Bush winning the presidential race that year—approved
Cavanaugh.
As a judge, Cavanaugh has handled some notable cases. In the past year alone, he presided over the criminal
trial of ex-prosecutor and def ense attorney Paul Bergrin and halted enf orcement of a state statute that would
have exposed Internet publishers to criminal liability f or unwittingly running advertisements f or sex with
underage escorts.
16-Year Veteran
T homas Cavanagh, though he's been with McElroy Deutsch since October, says he, too, is still learning the
ropes.
Cavanagh says he wanted to join a growing practice where he "could help shape the group." "T hat was one of
the things that was most attractive," says Cavanagh, who also has many personal ties to McElroy Deutsch.
He spent 16 years on the bench, including three as presiding civil judge and, more recently, six as presiding
general equity judge and acting assignment judge.
Cavanagh, another 1972 Seton Hall Law graduate, joined what later became Chamlin, Rosen, Cavanagh &
Uliano in West Long Branch in 1973, made partner in 1976 and eventually became managing partner. He
concentrated in public labor, medical malpractice and appellate matters.
Cavanagh, a Democrat, also served 16 years as mayor of Oceanport bef ore stepping down to join the
Superior Court in 1998—a nominee of Republican Gov. Christine Whitman.■

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