Bringing Defamation and Trade-Libel Claims in UPEPA States

James Harry Oliverio, Partner | Anselmi & Carvelli LLP

James Harry “JH” Oliverio is a Partner at Anselmi & Carvelli LLP, where he represents businesses of every size, as well as individuals, in complex, high-stakes disputes. A seasoned trial lawyer with a national reputation for First Amendment and defamation defense, JH pairs courtroom skill with practical business judgment, distinguished by his ability to see the full landscape of a problem, craft inventive strategies, and remain laser-focused on his clients’ interests.

• Education & Credentials

JH earned his J.D., summa cum laude, from Roger Williams University School of Law in 2013, and holds a B.A. from Providence College, awarded in 2010. Following law school, he clerked for the Honorable Charles E. Powers, Jr., J.S.C., in the Civil Division of the Bergen County Superior Court from 2014 to 2015. He is admitted to practice in New Jersey (2013), Rhode Island (2013), and New York (2014), as well as before the United States District Court for the District of New Jersey, the Southern District of New York, and the Eastern District of New York.

• Recognition & Leadership

JH has been recognized consistently among the leading attorneys in his field. He has been listed in The Best Lawyers in America: Ones to Watch® for Commercial Litigation from 2022 through 2026, and in New Jersey Super Lawyers® for Business Litigation from 2023 through 2026. He was previously named to the New Jersey Super Lawyers® Rising Stars list for Business Litigation in 2021 and 2022. Among his notable achievements, JH has obtained dismissal of multi-defendant defamation actions against media companies, defeated a high-profile defamation suit under New Jersey’s Anti-SLAPP statute on behalf of three defendants accused of speaking out on a matter of public concern, secured summary judgment for a national television network in a New York defamation action, and served on the trial team representing the plaintiff in a $1 billion-plus quantum meruit claim that settled after more than three weeks of trial in New Jersey state court.

• Professional Involvement

JH is an active contributor to the legal community as an author and commentator on emerging issues in litigation and First Amendment law. His publications include co-authoring “UPEPA Turns Two: A Survey of Early Results and Trends in the First Two Years of New Jersey’s Anti-SLAPP Statute” in the New Jersey Law Journal (September 2025), and “A Litigator’s Plea: A Little Planning When Drafting an Arbitration Clause Can Save a Lot of Time, Money and Headache” in the New Jersey State Bar Association’s New Jersey Lawyer Magazine (April 2024). He is also the author of “The Great Instrument of Chicanery: An Appeal for Greater Judicial Scrutiny of Solvent Insurers’ Schemes of Arrangement,” published in the Roger Williams University Law Review (2012), and co-authored “Talking ‘Timely’ Removal in Multidefendant Litigation,” published by Law360 in 2011. His writing on New Jersey’s Anti-SLAPP statute has further informed practitioners and clients on the evolving protections afforded to free speech under New Jersey law.

• Experience

JH’s litigation practice spans complex commercial disputes, employment matters, products liability defense, class actions, estate and probate cases, trade secret litigation, and corporate dissolution and oppressed minority shareholder disputes. He has defended clients across a broad range of casualty claims, including premises liability, inadequate security, and matters involving alleged manufacturing defects, design defects, negligence, and breach of warranty. He is also highly regarded for his work in First Amendment and defamation law, where he has successfully defended media organizations, journalists, and private individuals against claims threatening protected speech. His record includes defeating defamation suits under New Jersey’s Anti-SLAPP statute and securing dismissals and summary judgments in state and federal courts in both New York and New Jersey. In addition to his courtroom work, JH counsels clients on regulatory, insurance, corporate governance, contract, and employment matters. He regularly prepares and negotiates employment agreements, vendor and customer contracts, corporate governance documents, and leases and land contracts on behalf of commercial tenants and landlords. Clients trust him to resolve disputes efficiently through settlement or alternative dispute resolution when that course best serves their interests, and to serve as a formidable advocate when litigation is unavoidable.

Zachary D. Wellbrock, Partner | Anselmi & Carvelli LLP

Zachary D. Wellbrock is a Partner at Anselmi & Carvelli, LLP, where he represents clients in complex civil litigation and appeals, with a focus on First Amendment and defamation law, commercial disputes, and high-stakes business conflicts. Recognized for his intellect, composure, and persuasive advocacy, Zach pairs sharp legal strategy with a steady courtroom presence, earning the trust of businesses, professionals, media organizations, and individuals navigating disputes with significant reputational or financial consequences.

• Education & Credentials

Zach earned his J.D. from Cornell Law School in 2011 and his B.A., magna cum laude, from the New Jersey Institute of Technology in 2007. Following law school, he clerked for the Honorable Rachel N. Davidson in the Civil Division of the Superior Court of New Jersey from 2011 to 2012. He is admitted to practice in New Jersey (2011) and New York (2012), as well as before the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Third Circuit, the United States District Court for the District of New Jersey, the Southern District of New York, and the Eastern District of New York.

• Recognition & Leadership

Zach has been consistently recognized among the leading attorneys in his field. He has been listed in The Best Lawyers in America: Ones to Watch™ for Commercial Litigation from 2022 through 2024, in New Jersey Super Lawyers® for Business Litigation each year from 2019 through 2026, and in New York Metro Super Lawyers® for Business Litigation in 2020, 2021, 2024, and 2026. His notable victories include defeating a defamation lawsuit brought by one former Board of Education member against another under New Jersey’s Anti-SLAPP statute; securing the pre-answer dismissal of a high-profile defamation and
conspiracy action filed against a nonprofit director, in which he served as pro bono outside counsel alongside the American Civil Liberties Union of New Jersey; obtaining a unanimous New Jersey Supreme Court win on personal guaranty law; and achieving a major LLC member dissociation victory following an eight-day trial in the Somerset County Chancery Division. He has also been quoted by Law.com and the New Jersey Law Journal as a leading voice on the application and impact of New Jersey’s Anti-SLAPP statute.

• Professional Involvement

Zach is actively engaged in the legal community as a member of The John C. Lifland American Inn of Court, the American Bar Association, the Association of the Federal Bar of New Jersey, the New Jersey State Bar Association, the New York State Bar Association, the Morris County Bar Association, and the Hudson County Bar Association. He is a frequent speaker and lecturer on defamation and media law, having served as a panelist for the New Jersey State Bar Association’s continuing legal education seminar “How to Bring and Defend a Defamation Lawsuit in New Jersey” in both 2024 and 2025, and as a guest lecturer on Law and Mass Communication at Rutgers University School of Law–Newark. A prolific writer on media and First Amendment issues, Zach contributed annual updates to the Media Law Resource Center’s surveys of New Jersey libel law and New Jersey employment privacy law from 2017 through 2021. He co-authored “UPEPA Turns Two: A Survey of Early Results and Trends in the First Two Years of New Jersey’s Anti-SLAPP Statute,” published in the New Jersey Law Journal in September 2025, as well as the firm’s widely read client alert, “New Jersey Bolsters First Amendment with Anti-SLAPP Law,” published in October 2023.

• Experience

Zach is particularly experienced in matters involving defamation, free speech, and New Jersey’s Anti-SLAPP statute, where he has successfully defended clients against claims aimed at silencing constitutionally protected speech. His record includes dismissals and summary judgments in suits against community advocates, employers, public officials, nonprofit leaders, and media organizations. He also submitted an amicus curiae brief on behalf of a group of prominent political-science academics in connection with a pending appeal addressing whether New Jersey’s ban on so-called “fusion voting” violates the right of political association under the state constitution. Beyond his First Amendment practice, Zach has extensive experience in business litigation, including matters in the Chancery Division and the Complex Business Litigation Part in New Jersey and the Commercial Division in New York. He represents individuals and businesses of all sizes across industries, including real estate, construction, family investment entities, energy, health care, and franchising, in disputes involving the New Jersey Revised Uniform Limited Liability Company Act, the New Jersey Consumer Fraud Act, breach of contract, franchise practices, false advertising, and professional liability claims. His recent commercial successes include trial and motion victories on behalf of real estate brokers and salespersons facing fraud and Consumer Fraud Act claims, summary judgment for a real estate brokerage in a dispute over alleged unpaid commissions, and dismissal of a lender liability lawsuit against a mortgage finance company. Across each engagement, Zach is known for delivering thoughtful, strategic advocacy that protects his clients’ interests at every stage, whether through early resolution or through trial and appeal.

SESSION 1 – Running the UPEPA Gauntlet in Defamation Cases | 1:00pm – 2:00pm

This session examines how to draft and prosecute a defamation claim capable of surviving a Uniform Public Expression Protection Act challenge, covering the statute’s structural gauntlet, exemption screens, pleading specificity requirements, and strategic counseling considerations across fourteen adopting states.

BREAK | 2:00pm – 2:10pm

SESSION 2 – So You’ve Been Anti-Slapped: Surviving a UPEPA Motion | 2:10pm – 3:10pm

This session guides plaintiffs’ counsel through defending a defamation claim against a UPEPA special motion, covering the discovery stay and limited-discovery exception, building a Section 7 prima facie case, and navigating mandatory fee-shifting within the 60-day hearing window.