Kevin G. Walsh is a commercial litigation attorney and white-collar criminal defense lawyer. Mr. Walsh has tried to verdict civil and criminal cases in the federal and state courts of New Jersey. In civil litigation, he has both sought and defended against temporary restraining orders and preliminary and permanent injunctions on behalf of a diverse set of clients including hotels, supermarkets, real estate developers, and closely held companies. In real estate litigation matters specifically, he has obtained summary judgment on numerous occasions defending against claims relating to restrictive covenants (a/k/a "area restrictions"), breaches of contract, and fraud. He has also represented clients in litigation and arbitration matters concerning the rights of minority shareholders, pharmaceutical licensing disputes, and the scope of employment restrictive covenants, including non-compete and non-solicitation agreements.
Calling upon his experience as a former federal prosecutor, Mr. Walsh regularly assists corporations and individuals in responding to grand jury subpoenas received from the Department of Justice and various state investigators. Mr. Walsh has also represented individuals in a wide range of federal and state criminal inquiries, often times convincing prosecutors not to file charges. When necessary, Mr. Walsh has defended his clients in prosecutions alleging:
- violations of federal campaign finance laws;
- federal criminal intellectual property laws;
- federal health care laws (such as the Anti-Kickback Statute); and
- state assault, drug, and narcotics laws.
Mr. Walsh also has represented clients in securities regulatory and enforcement matters, including investigations by the Securities and Exchange Commission and the New Jersey Bureau of Securities. Mr. Walsh currently represents several clients in connection with the IRS's Offshore Voluntary Disclosure Initiative, which is a U.S. government program enabling noncompliant American taxpayers (many of whom possess Swiss bank accounts or other foreign, undisclosed accounts) to resolve their U.S. tax liabilities and minimize their exposure to criminal prosecution. In May 2010, Mr. Walsh convinced a federal judge in New Jersey to impose a sentence of probation where his client was facing three years in federal prison for conspiracy to commit copyright infringement in a case involving the theft and illegal uploading of a video game prior to its worldwide release.
From 2003 through 2008, Mr. Walsh served as an Assistant United States Attorney for the District of New Jersey, where he prosecuted criminal cases involving money laundering, wire and mail fraud, mortgage fraud, identity theft, and income tax evasion. In 2004, Mr. Walsh was part of the trial team that convicted the former Vice Chairman of Cendant in a $14 billion accounting and securities fraud prosecution in the District of Connecticut. For one year prior to leaving government service, Mr. Walsh was one of New Jersey’s two “CHIP” prosecutors, specifically designated to prosecute Computer Hacking and Intellectual Property crimes. Mr. Walsh also lectured at the Department of Justice’s National Advocacy Center on the topic of evidence collection in cases involving computer crime and identity theft.
Mr. Walsh was an Associate with Gibbons from 2000 through 2003. After graduating law school, Mr. Walsh served one year clerkships for U.S. District Judge Joel A. Pisano, who was then a U.S. Magistrate Judge for the District of New Jersey, and Chief Justice Deborah T. Poritz of the Supreme Court of New Jersey. In 1997, Mr. Walsh was elected Editor-in-Chief of the Seton Hall Law Review