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Howard S. Wolfson

Tel: 212.735.8872
Email: hwolfson@morrisoncohen.com

Howard is a Partner in Morrison Cohen’s Business Litigation Department where he focuses his practice on health and life insurance, real estate, and other complex commercial litigation, the EB-5 investor program, and franchise and distribution law. He has tried cases in state and federal courts around the country and before various arbitral tribunals.

Howard regularly represents health insurers in disputes with hospitals, physicians, purported labor unions, brokers, and subscribers, as well as in ERISA actions and in subrogation claims. Howard has extensive experience in credentialing disputes with physicians, including defending actions alleging improper termination and non-renewal of physicians from managed care networks. Howard also counsels health insurers on their reporting responsibilities to various federal and state agencies and data banks. He has also represented health insurers and their employees in the defense of libel and slander actions by third parties, including physicians, in contract and tort disputes, and in employment matters. He regularly consults with his client’s fraud, group integrity, and legal departments on fraudulent and abusive billing practices and group integrity issues. Howard also regularly represents life insurers in a wide range of commercial litigation, including foreign death claims, coverage disputes, claims for rescission, and the defense of actions for alleged torts and breach of contract. 

Howard represents clients in all facets of real estate litigation, including disputes involving limited liability companies, partnerships and failed investments. Howard's expertise includes failed investments made under the EB-5 investor program, including claims for fraud, breach of fiduciary duty, breach of contract and related claims.

Howard is nationally recognized in franchise and distribution law. He has successfully represented clients against claims for encroachment, transshipping, racial discrimination, fraud, breach of the implied covenant of good faith and fair dealing, wrongful termination, breach of contract, vicarious liability, and various business torts and alleged violations of state laws. He has successfully prosecuted claims for trademark infringement, breach of contract, and recovery of lost future royalties and to enforce termination notices and system standards. Howard has extensive experience in the area of “encroachment,” having successfully represented Burger King Corporation in some of the most notable encroachment cases, including Burger King Corp. v. Weaver and Barnes v. Burger King Corp. He also has extensive experience in complex arbitrations and has served as a party-appointed arbitrator.

Professional Activities

American Bar Association, Forum on Franchising
New York City Bar Association, Health Law Committee
New York State Bar Association, Committee on Franchising
Member, Marlboro Township Ethics Board
Commissioner, Marlboro Township Parks and Recreation Commission


New York Super Lawyer, Business Litigation (2012-2019)
Law Clerk to Hon. Frank X. Altimari, U.S. District Court Eastern District of New York (1982-1984)
Member, Board of Editors, LJN's Franchising Business & Law Alert
Research Editor, Brooklyn Law Review