David Haworth
David Haworth

David A. Haworth

Of Counsel

haworthd@ballardspahr.com
Tel 856.873.5525
Fax 856.873.9081
New Jersey

David A. Haworth focuses on commercial, construction, franchise, real estate, environmental, and intellectual property litigation and counseling. As a commercial litigator, Mr. Haworth has extensive experience with disputes involving contractual breaches, unfair competition, and general commercial issues; construction defects, liens, and sureties; builder performance; redevelopment; business dissolution and shareholder oppression; commercial and residential lending; negligence; product liability; and consumer fraud litigation. He is also experienced in the litigation of real estate, engineering, and construction claims involving owners, developers, residential builders, and community associations and their professionals. Mr. Haworth also negotiates a broad variety of agreements for his clients including leases, sale and supply, confidentiality and non-disclosure, and distribution agreements.

Mr. Haworth's franchise and distribution experience encompasses a broad variety of litigation claims at the trial and appellate level on behalf of franchisors, franchisees, and distributors as well as general counseling and suport on franchise and distribution issues. Representative matters include franchise sales and disclosure, franchise termination, inadvertent franchise and other franchise relationship claims, franchise fee nonpayment, performance, termination, and sales practice disputes.

His significant environmental litigation experience includes prosecuting and defending remediation claims under CERCLA, the New Jersey Spill Act, the New Jersey Industrial Sites Recovery Act, and other statutes and common law. He has prosecuted New Jersey damage fund claims.

Mr. Haworth's intellectual property experience includes trademark litigation, prosecution of trademark applications, and software license infringement litigation.

Representative Matters

  • Represents industrial, chemical, and pharmaceutical manufacturers and distributors on broad variety of issues including product distribution, workplace injuries, health and safety issues, and litigation and response to governmental subpoenas and inquiries
  • Successfully tried a two-week franchise dispute between a national franchisor and an area franchisee involving fee nonpayment, breach of contract, and shareholder oppression issues
  • Obtained summary judgment on behalf of a regional retailer enforcing a real estate acquisition agreement against a third party that claimed to have an option agreement to acquire the same properties
  • Represented a group of national corporations implementing a landfill remediation in a success remediation cost recovery lawsuit against a national waste hauler
  • Litigates residential, commercial, and industrial construction disputes on behalf of national and regional builders, manufacturers, and insurers on issues involving contractor payment, cost overrun, construction lien, and bond disputes; performance breaches and warranty claims; and condominium, residential, and industrial construction and design defects, among other issues
  • Represents builders and contractors in class action, mass tort, and construction defect litigation

Pro Bono Experience

Mr. Haworth is an active participant in Ballard Spahr's pro bono program and has represented numerous children in their pursuit of disability claims, as well as a variety of nonprofit organizations with contract issues. He successfully prosecuted a lawsuit to modify the terms of a trust on behalf of the nonprofit Batsto Citizens Committee, Inc., which works closely with the New Jersey Park Service to promote the restoration of Batsto Village in New Jersey's Wharton State Forest. The court determined that the project for which the trust was originally created had become infeasible and agreed to modify the trust.

Through the Community Health Law Project, Mr. Haworth represented handicapped individuals in accessibility and construction disputes.

Professional Activities

American Bar Association
Member, Franchise Forum

New Jersey State Bar Association
Member, Construction Law Section

Camden County Bar Association

Supreme Court of New Jersey
Past member, District IV Ethics Committee

Publications

Co-author, "3rd Circ. Ruling Over NJ Merit Statute May Have Nat'l Impact," Law360, February 26, 2014

Co-author, "Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder," Ballard Spahr alert, December 18, 2013 

Co-author, "Hotel Franchisor Challenges FTC's Expanded Enforcement Efforts Targeting Franchise System's Data Security and Privacy Policies," Ballard Spahr alert, October 3, 2012

Co-author, "Second Circuit Reverses Class Certification of Tobacco Claims," Ballard Spahr alert, April 9, 2008

Speaking Engagements

"Legal Considerations for the Industrial Hygienist," American Industrial Hygiene Association, February 19, 2015

"Navigating Real Estate Issues in the New Economy," Ballard Spahr presentation, November 17, 2011

"Litigating Using Expert Witnesses: Successful Discovery and Pre-trial Trial Strategies," CLE seminar through the Burlington County Bar Association, April 28, 2010

Community Activities

President of CASA of Camden County, an organization devoted to improving care for children in the foster care system

Board Memberships

Cherry Hill Breakfast Rotary Club, Cherry Hill, N.J.
Past Vice President and Secretary

Rutgers, The State University of New Jersey School of Law-Camden (J.D. 1995)

Rutgers University (M.B.A. 1994)

The College of William and Mary (B.A. 1991)

Languages

German

New Jersey

Pennsylvania

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Eastern District of Michigan

U.S. Court of Appeals for the Third Circuit