Angelo A. Stio III
Angelo A. Stio III is a partner in the Litigation and Dispute Resolution Department of Pepper Hamilton LLP and a resident in the firm’s Princeton office. Mr. Stio also is a member of the firm’s Privacy, Security and Data Protection group, and has counseled health care, financial services and educational institution clients on data privacy issues.
Mr. Stio is an experienced commercial trial attorney who has litigated matters in state and federal courts throughout the United States and has been recognized for inclusion on the annual New Jersey Super Lawyers lists for 2011-2013 for business litigation.
Mr. Stio’s practice focuses on complex commercial disputes, defending class actions and derivative suits, corporate governance issues, and the representation of colleges and universities. Among other things, Mr. Stio has litigated breach of fiduciary duty claims, trade secret and non-compete claims, breach of manufacturing and supply agreement matters involving Article 2 of the Uniform Commercial Code, fraudulent conveyance claims under the U.S. Bankruptcy Code and state law, and Oppressed Minority Shareholder Act claims.
Some of Mr. Stio’s representative engagements include:
- obtaining dismissal of a class action complaint alleging predatory lending violations against a national bank, Gutierrez v. TD Bank, N.A., 2012 U.S. Dist. LEXIS 10724 (D.N.J. January 27, 2012)
- obtaining dismissal of RICO, fraud and breach of fiduciary duty claims asserted against a foreign corporation, Princeton Football Partners LLC v. Football Association of Ireland, 2012 U.S. Dist. LEXIS 101681 (D.N.J. July 23, 2012)
- obtaining dismissal of a negligent supervision claim against a title insurance underwriter that was based on allegations that an agent misappropriated escrow funds, Stout St. Funding LLC v. Johnson, 873 F. Supp. 2d 632, 2012 U.S. Dist. LEXIS 77313 (E.D. Pa. 2012)
- defending a company in a class action alleging violations of the New Jersey Shareholder Protection Act and defeating a motion for a preliminary injunction that sought to enjoin a public exchange offer that a majority shareholder made to minority shareholders, Lawrence v. Aquilina, et al., Docket No. BUR-C-018-11
- obtaining summary judgment and the dismissal of claims arising from a fire for a product manufacturing client, K & G Men’s Co., Inc. v. Kibalko, et al., 2010 U.S. Dist. LEXIS 47086 (D.N.J. May 12, 2010)
- obtaining dismissal of certain claims against a national bank on the basis of preemption in three class actions challenging gift card fees and marketing disclosures (Mann v. Td Bank, N.A., 2009 U.S. Dist. LEXIS 106015 (D.N.J. November 12, 2009), Mwantambe v. TD Bank, N.A., et al., 669 F. Supp. 2d 545 (E.D.Pa. November 17, 2009 ) and then successfully defeating a motion for class certification, Mwantambe v. TD Bank, N.A., et al., 2010 U.S. Dist. Lexis 76644 (E.D.Pa. July 29, 2010)
- successfully defending a publicly traded company in a shareholder class action challenging a cash out merger by defeating a motion for a preliminary injunction and then obtaining the dismissal of all claims against the company, Kahn v. Rusckowski, et al., 2010 N.J. Super. Unpub. LEXIS 1453 (N.J. App. Div. July 1, 2010)
- obtaining dismissal of New York Consumer Protection Law claims asserted against a credit card processing company in a putative class action, Spirit Locker, Inc. v. EVO Direct, LLC d/b/a EVO Merchant Services, Inc., 696 F. Supp. 2d 296 (E.D.N.Y. 2010)
- obtaining an injunction freezing the bank accounts of a title closing agent that misappropriated escrow funds related to mortgage loan closings and later obtaining a consent judgment from defendants, Title Resource Guaranty Corp. v. Mabstract LLC, et al., Case No. 10-cv-03468 (E.D. Pa. 2010)
- obtaining summary judgment and a declaration that a general liability insurance carrier had a duty to defend and indemnify a university in a wrongful death action, Landmark American Ins. Co. v. Rider University, et al., 2009 U.S. Dist. LEXIS 55398 (D.N.J. June 30, 2009)
- representing a private company in a shareholder class action challenging actions of the board of directors and alleging breach of fiduciary duty and ultra vires acts. Defeated a motion for a preliminary injunction and thereafter the matter was voluntarily dismissed by the shareholder. Cody v. ExpertPlan, Inc., Superior Court of New Jersey (Mercer County) Docket No.: MER-C-117-08.
- obtaining summary judgment dismissing antitrust and New Jersey Franchise Practices Act claims brought against a publicly traded technology company, Loc Pump, Inc. v. Siemens Water Technologies, Inc., Superior Court of New Jersey, Docket No.: BER-L-5030-08.
Mr. Stio is a member of the firm’s pro bono committee and has been actively engaged in pro bono representations throughout his career. As part of his pro bono work, Mr. Stio recently obtained a favorable settlement in Disability Rights of New Jersey, Inc. v. State of New Jersey, Civil No. 05-4723 (AET), where he pursued claims alleging the State was violating the Supreme Court’s decision in Olmstead v. L.C., 527 U.S. 581 (1999) and was violating the due process rights of institutionalized individuals. Mr. Stio also obtained a preliminary injunction that precluded a college and its president from violating the First Amendment rights of three student newspaper reporters, Coppola v. Larson, 2006 WL 2129471 (D.N.J. 2006), and appeared before the Third Circuit Court of Appeals on behalf of two individuals seeking political asylum, Li v. Attorney General of U.S., 140 Fed.Appx. 361 (3d Cir. 2005) and Miah v. Ashcroft, 346 F.3d 434 (3d Cir. 2003).
Mr. Stio also is active outside the courtroom. He is currently serving a four-year term on the Supreme Court of New Jersey’s District VII Fee Arbitration Committee. He also serves as the co-chair of the Commercial and Business Litigation Committee of the American Bar Association, is a member of the New Jersey State Bar Association Class Action Committee and is a Trustee for the Mercer County Bar Association.
A frequent writer and lecturer, Mr. Stio has published articles on data privacy and security, electronic discovery, class actions and corporate law issues and has served as a speaker at the following seminars:
- “HACKED!! Fundamentals of Data Privacy and Security,” Pepper Hamilton LLP Commercial Litigation Annual CLE Symposium (June 25, 2013)
- “Investigating and Resolving Sexual Assaults on Campus,” Pepper Hamilton/Freeh Group International Webinar Series (March 13, 2013)
- "Class Action Litigation Update - Is It More Difficult to Certify a Class?," Pepper Hamilton’s Annual Antitrust Developments Update CLE (December 13, 2012)
- “Uses and Abuses of Social Media: A Lawyer’s Ethical & Professionalism Obligations,” U.S. District Court of the District of New Jersey (October 16, 2012)
- “Ethical Issues in Class Action,” New Jersey State Bar Association, Class Action Committee (March 10, 2011)
- “Recent Amendments to the Federal Rules of Civil Procedure and Other Developments to Keep in Mind in 2011,” Pennsylvania Bar Institute (December 17, 2010)
- “Litigation Readiness & Responsiveness: A Symposium on E-Discovery and it Impact on Corporate Governance and Litigation,” Rutgers Law School (March 16, 2009).
Mr. Stio is admitted to practice in New Jersey, New York and Pennsylvania, as well as before the U.S. District Courts for the District of New Jersey, the Southern, Eastern, Western and Northern Districts of New York, the Eastern District of Pennsylvania, and the U.S. Court of Appeals for the Second and Third Circuits.
B.S. 1988 Seton Hall University
M.P.A 1991 Seton Hall University
J.D. 1997, magna cum laude, Seton Hall Law School; articles editor, Legislative Law Journal; author, “State Government: The Laboratory for Health Care Reform”
1997-98 Law Clerk to Hon. Robert Muir, Jr., Superior Court of New Jersey, Appellate Division
Admitted to practice in New Jersey, New York and Pennsylvania