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In the recent article published in New Jersey Municipalities magazine entitled "Tax Appeal Strategies in a Real Estate Down-turn," Martin Allen, Esq. discusses the issues faced by municipalities in tax appeals now that the real estate bubble has burst. Local governments in New Jersey generate most of their revenue from real estate taxation. In a distressed market, towns must address new concerns in the areas of budgeting, bonding and the defense of assessments. In this article, Mr. Allen sets out to introduce some of the solutions. These issues will be further examined by him as a member of the panel at the Joint Session of The New Jersey State League of Municipalities, the Association of Municipal Assessors and the New Jersey Institute of Local Government Attorneys, entitled, "Tax Appeals in a Real Estate Recession - Strategies for Defending the Tax Base without Wiping Out your Budget" scheduled for Thursday, November 19, 2009 at 10:45 in the morning at the Atlantic City Convention Center. Click here to read the article.

In the recent article published in New Jersey Municipalities magazine entitled 'The Right to Privacy Versus the Right to Access Public Records," Todd Ruback, Esq. discusses the recent decision of the New Jersey Supreme Court that provides guidance to local governments on how to balance a citizen's right to privacy with requests for documents under the Open Public Records Act (OPRA). Mr. Ruback concludes that the Court may have created an implied right to privacy under the New Jersey State Constitution. Click here to read the article.

This white paper provides an overview of trends in data breach litigation and offers an approach to the practical prevention of data breaches within an organization. Click here to read the white paper.

The firm recently donated computers and monitors to two local non-profit organizations: The Midland School in Branchburg and The Learning Gate in Raritan. The Midland School serves students with special needs from school districts in Northern and Central New Jersey and is both nationally recognized and New Jersey Department of Education approved. The Learning Gate provides child care services for families in the community and is an association of child care centers licensed by the New Jersey Department of Human Services. Click here to see photos from the event.

Richard Flaum, Esq. and Lisa Fittipaldi, Esq. were the guest speakers at the first Human Resources Legal Update hosted by the North Jersey Regional Chamber of Commerce. The event took place in the Theater Room of AVE Living (formerly Korman Communities) in Clifton and was attended by representatives of the pharmaceutical, banking, insurance, technology and manufacturing industries. Topics discussed by Rich and Lisa included Employee Requests for Leave; Discrimination and Sexual Harassment, and Avoiding Liability in the Workplace. Jeffrey Pompeo, Esq. is a former member of the Board of Directors of the North Jersey Regional Chamber of Commerce and has served for 20 years as a member of its Sports Dinner Committee. Click here to see photos from the event.

Steven A. Kunzman, Esq. was interviewed in the March 2009 edition of New Jersey Superlawyers about the relationship between his environmental litigation practice and his work as a songwriter. He discusses his work with Rosanne Cash, and the difference between finding truth through facts and finding truth from the heart. Click here to see the full article.

Richard R. Ahsler, Esq. and the Corporate and Commercial Real Estate Department handled the following major complex transactions:

We represented a private developer in the construction, approval and sale of more than seventy (70) residential condominium units in Weehawken, New Jersey, ranging in price from approximately $450,000 to over $2,000,000. In connection therewith, we prepared the purchase and sale agreements and riders to reflect the terms that were agreed upon by the developer and the buyers, and drafted documentation from the inception of the transaction through the closing, including closing notification letters, additional riders, unit deeds, closing statements, and all other closing documents. We also acted as local counsel for the developer in connection with a $14,000,000 refinance of an outstanding credit facility for the project.

We also recently represented a regional convenience store chain in the closing of a $70,000,000 loan, involving three (3) credit facilities advanced by four (4) separate lenders. In this complicated transaction, Rick reviewed and negotiated the loan documentation with counsel for the primary lender, including the credit agreement, security agreement, and subordination agreement. In order to close the deal, we also drafted and negotiated all of the collateral documentation, including borrower’s certificates, landlord’s waivers, corporate resolutions, affidavits, counsel opinion letters, and restated promissory notes in connection with the subordinated debt.

We closed a deal for the sellers in a multi-million dollar sale of corporate assets, which involved numerous purchase money notes and the valuation and exchange of buyer stock as partial consideration for the sale. The complex transaction required substantial negotiation of all closing documentation, including a stock purchase agreement, convertible notes, subordinated notes, confidentiality agreements, consulting agreements, non-competition agreements, and commercial lease agreements for properties owned by the sellers to be used by the buyer after the closing.

We served as counsel to a developer in its application to the State of New Jersey for the registration of a new 12-unit, mixed-use (retail/residential) condominium project in Fanwood, New Jersey. As part of the project, we worked with the developer to determine the appropriate form of ownership of the building, and counseled the developer on the proper management and common elements of the property. In connection therewith, Rick drafted and prepared the required application for registration, together with all exhibits, including the public offering statement, master deed, purchase and sale contract, unit deed, and by-laws of the condominium association.

Attorney Coach Lisa M. Fittipaldi, Esq. led students from Mount Saint Mary Academy in Watchung, New Jersey to victory in the 2009 Vincent J. Apruzzese Mock Trial Championship in the Somerset County Courthouse in Somerville, New Jersey. The case dealt with copyright infringement involving the uploading and downloading of recordings. Mount Saint Mary Academy is now eligible to compete in the regional competition. Click here to see the full article.

Governor Donald T. DiFrancesco participated in a “Governors’ Roundtable” at the New Jersey Meadowlands Commission Headquarters in Lyndhurst to kick off their year-long 40th Anniversary Celebration. Governors Jon S. Corzine, Richard J. Codey and James J. Florio were also invited to take part in the event. The topic, “Envisioning the Meadowlands”, was an opportunity for Governors, past and present, to share their recollections, thoughts and dreams for this unique area of the State. The Commission is the zoning and planning agency for the 30.4 square-mile Meadowlands district–a region of marshes, industrial areas and residential zones which serves ten municipalities in Bergen County and four in Hudson County. Thousands of acres of wetland and open space have been restored and preserved while, at the same time, development within the District has brought hundreds of millions of dollars in tax revenue to the 14 District municipalities. Click here to see pictures.

Martin Allen, Esq., who concentrates in real property tax appeals, was recently quoted at length in the Star Ledger. Click here to see the full article.

Martin Allen, Esq. has been named Associate Counsel to the New Jersey State League of Municipalities. He will be giving a seminar at the Annual Meeting of the League in Atlantic City on November 20 entitled "Property Tax Exemptions in New Jersey - Issues and Answers."

Albert E. Cruz, Esq. has been nominated by the Mayor and Council of the Borough of Rocky Hill (Somerset County) for the Fred G. Stickel III Memorial Award, which is given by the New Jersey Institute of Local Government Attorneys. The award recognizes an attorney who has demonstrated excellence in the field of public sector law. Stickel practiced municipal law for more than 50 years and was counsel to the New Jersey State League of Municipalities. Albert Cruz serves as Borough Attorney for Rocky Hill, Hillsborough and Watchung and Planning Board Attorney for South Bound Brook.

Donald T. DiFrancesco, Esq. has been invited to participate in a conference session during the Annual NJ League of Municipalities Conference to be held at the Convention Center in Atlantic City November 18-21, 2008. The session entitled: "Former Governors' Session: A Jury of His Peers: Past Governors Judge Jon Corzine's Past Year in Office" will feature former Governors who will evaluate Governor Corzine's efforts to address school funding, state debt and the balancing of the latest state budget, with dramatic cuts in municipal property tax relief funding.

United States Attorney Christopher J. Christie was the guest speaker at the firm's Public Affairs Breakfast held on October 23, 2008. Christie was sworn into office on January 17, 2002 as the chief law enforcement officer in New Jersey. His office includes 137 attorneys, with offices in Newark, Trenton and Camden. The event was attended by over 100 government officials, clients and guests of the firm. The firm sponsors Public Affairs Breakfasts throughout the year. Click here to see a photo from the breakfast.

Employees of the firm sponsored a raffle, bake sale, memory board and jeans day on October 3, 2008 for Breast Cancer Awareness Day. Nearly $3,000 was raised for the Breast Health & Healing Foundation, a New Jersey non-profit organization whose mission is to find the cause of breast cancer. Click here to see photos.

James J. Moloughney, Esq. has been sworn in as Second Vice President of the Somerset County Bar Association.

Donald T. DiFrancesco, Esq. was the guest of honor and keynote speaker at the Sussex County 9/11 Memorial Committee ceremony at Sussex County Community College on September 7, 2008. This is a yearly event organized over the years by the businesses, organizations and residents of Sussex County, which is attended by several hundred people to pay tribute to the victims and heroes of 9/11.

Lisa M. Fittipaldi, Esq. was honored at the celebration of the Mount Saint Mary Academy Centennial on September 28, 2008 by being inducted into the Academy's Hall of Honor. Mount Saint Mary Academy, located in Watchung, New Jersey, was opened on September 28, 1908. The Hall of Honor was established to recognize life achievements reflecting the Mercy Core Values of justice, respect, compassion, integrity and service. Lisa is an alumna of the Academy and sits on the Board of Trustees as Vice-Chair.

The firm welcomes our new associates:

Sarah M. Mahony, Esq. is a 2007 graduate of Seton Hall University School of Law. For the past year, she has served as Law Clerk to the Honorable Julie M. Marino, Judge of the Superior Court in Somerville.

C. Justin McCarthy, Esq. is a 2007 graduate of Seton Hall University School of Law. For the past year, he has served as Law Clerk to the Honorable Raymond A. Hayser, Judge of the Tax Court in Newark.

Debra R. Topor, Esq. is a 2007 graduate of the University of the District of Columbia, David A. Clarke School of Law in Washington, D.C. Since graduating law school, she has worked as Assistant to the Director of the Property Management Department of a Commercial Real Estate Company and Assistant to the Principal of a Real Estate Development Company.

Philip Lee, Esq. is a 2007 graduate of Rutgers University School of Law in Camden. For the past year, he has worked as Law Clerk to the Honorable Frank M. Ciuffani, Judge of the Superior Court, Chancery Division, New Brunswick.

On July 23, 2008, Donald T. DiFrancesco, Esq. spoke at a ribbon cutting event at Greystone Psychiatric Hospital at the request of the Morris County Board of Freeholders. Don was instrumental in passing a bill which helped the Board of Freeholders obtain title to property to be used as a park for the benefit of the citizens of Morris County.

On June 20, 2008, at a luncheon held at Drumthwacket in Princeton, New Jersey, Donald T. DiFrancesco, Esq. was presented with the Stewardship Award by the New Jersey Catastrophic Illness in Children's Relief Fund Commission for his vision and stewardship in fostering the creation of this Fund, which has given, in grants, $80,000,000 to needy children for help in paying medical bills for serious illnesses or diseases which are considered catastrophic.

V. Anthony DiGirolamo, Esq.and Jeffrey W. Pompeo, Esq. spoke at the Midland School in North Branch, New Jersey about trusts, powers of attorney and guardianship proceedings for special needs children. Midland School is a private educational facility for students with special needs and is recognized by the United States Department of Education as a Blue Ribbon School of Excellence.

On June 11, 2008, Donald T. DiFrancesco, Esq. spoke to the governing officials of Somerset and Hunterdon Counties at their monthly Joint Governing Officials Meeting held at the Raritan Valley Community College.

Donald T. DiFrancesco, Esq. has been elected to the Board of the Tri-County Red Cross.

Christopher "Kip" Bateman, Esq. has been sworn in to the New Jersey Senate. He has represented the 16th Legislative District as a member of the General Assembly since 1994, serving as Assistant Republican Leader (2004-05), Assistant Republican Whip (2002-03), Majority Whip (1996) and Assistant Majority Whip (1994-95). During his legislative service in the General Assembly, he had been an active member of the Commerce and Economic Development Committee, the Financial Institutions and Insurance Committee, and the Legislative Services Commission. He was a member of the Somerset County Board of Freeholders from 1988-94 and served as its Director in 1992. In his hometown of Branchburg, he was a member of the Township Committee from 1983-88 and was elected Mayor in 1986. Click here to see Senator Bateman being sworn-in.

Donald T. DiFrancesco, Esq. was conferred an Honorary Doctor of Laws Degree at the 240th Anniversary Commencement at Rutgers, the State University of New Jersey, on May 17, 2007.    Read more here.

Richard Flaum, Esq. recently obtained two favorable settlements on behalf of clients who claimed their termination was the result of discriminatory and retaliatory actions by their employers as reported in Verdict Search New Jersey.       Read the article here.

Michael V. Cresitello, Jr., Esq. recently obtained site plan and variance approval from the Township of Union Planning Board on behalf of Home Depot for the development of the first Home Depot Super Store. Upon completion, the Super Store will be the largest Home Depot in the United States and serve as the national model for the new Super Store concept.

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