James Burns and Jennifer Borek Article “Gift Card Amendments Redraw Legal Battle” Featured on Paybefore™

Author: James M. Burns, Esq. and Jennifer Borek, Esq.

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Partner James Burns and Counsel Jennifer Borek‘s article “Gift Card Amendments Redraw Legal Battle” was featured  on Paybefore™ on November 28th.  Paybefore™ is the leading trade publication for the prepaid card industry.

Mr. Burns and Ms. Borek provide a history and analysis of the two year legislative and legal battle in New Jersey over the right to custody of dormant gift card balances.  Genova Burns represented the New Jersey Retail Merchants Association in the seminal case on this subject, New Jersey Retail Merchants Association v. Sidamon-Eristoff, et al; the United States Supreme Court recently denied the state’s Petition for Certiorari on a portion of the Third Circuit decision.

The authors conclude that: “Although retailers can now breathe a sigh of relief that the day of reckoning on gift card escheat has been forestalled for a period of time, the ultimate requirement to register gift cards and escheat to New Jersey still exists. However, with at least three years before escheat will be required…retailers and third-party issuers presently can shift their focus toward developing a business strategy that will minimize, if not negate, the requirement to escheat.”

To read the full article please click here or above.

Inside Business Features Profile of Ken Sheehan

A profile of Ken Sheehan, Firm Counsel, appears in the December 2012 edition of  Inside Business, the publication of the Gateway Chamber of Commerce. Mr. Sheehan is Director of GBGW’s Energy & Utility Law Practice Group and formerly served as chief counsel at the New Jersey Board of Public Utilities (BPU).  In the article, Mr. Sheehan discusses the roles that renewable and traditional energy sources play in the State’s energy sector; he also comments on how Hurricane Sandy may impact the way government and residents interact with utilities. For the full story, click here.

Dena Calo and Eileen Addison to Present at a National Business Institute Seminar on December 12th

Partner Dena Calo and Associate Eileen Addison will present at a National Business Institute seminar, “Employment Laws Made Simple,” on December 12th from 10:30 am – 11:30 am in Atlantic City, NJ. The presentation, entitled “Employment Laws You Need to be Familiar With,” will inform attendees about the latest developments in employment law and how these developments will affect them.  Calo and Addison will cover a wide breadth of topics including, among many others, the Age Discrimination and Employment Act, the Family Medical Leave Act and the Americans with Disabilities Act. For more information and to register for this seminar please click here.

NJ Biz SpotLight: Law Article on Innovative Approaches to Billable Hours Features Comments by Angelo Genova

The lead story in NJ Biz’s “Spotlight: Law” section titled “Balancing the scales of what to charge” describes how the region’s top law firms are exploring alternative fee arrangements to clients while ensuring a fair and reasonable approach.  GBGW Founding Partner Angelo Genova emphasized  “practice management and case management by the lawyers….The lawyer who is committed to ensuring that fees are reasonable is going to devote the attention to manage the time and energy of lawyers involved in the case, and do only what is critical and necessary to ensure the client’s agenda, and do it as efficiently as possible.”

For the full article click here.

Rebecca Moll Freed Will Present at the New Jersey Center for Non-Profits’ Annual Conference on December 5th

Firm Counsel Rebecca Moll Freed will be speaking at the New Jersey Center for Non-Profits’ Annual Conference on December 5th from 10:45 am – 12 pm. The session is entitled “Charities and Elections: Permissible Activity (2013),” and will discuss 501 (c)(3) public charities’ involvement in encouraging voter education and participation in elections. Freed will address the boundaries between what is permissible and what is prohibited with regard to public charities’ participation in advocacy and election year activities in order to help attendees understand important “dos and don’ts”. For more information please click here.

Appellate Division Rules that Property Owners Who Purchased Contaminated Land Prior to 1993 can be Liable under Spill Act

Author: William F. Harrison, Esq. and Erin Phalon

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The Appellate Division on October 29, 2012 ruled that property owners who purchased previously contaminated land before 1993 and failed to conduct due diligence prior to the purchase may be liable under the New Jersey Spill Compensation and Control Act (“Spill Act”). The Court found that an owner who purchased contaminated land before September 14, 1993 can avoid Spill Act liability only by establishing that they are innocent purchasers.

Effective September 14, 1993, the Spill Act was amended to include the innocent purchaser defense contained in N.J.S.A. 58:10-23.11g(d)(5). The amendment provided that a person who acquired property that is considered a major facility on which there has been a discharge is not liable for cleanup or removal costs or other damages under the Spill Act if the person can show that (1) he or she acquired the property after the discharge of hazardous materials; (2) at the time the person acquired the property, he or she did not know and had no reason to know of the discharge; (3) he or she did not discharge the hazardous substance, is in no way responsible for the discharge, and is not a corporate successor to the discharger; (4)  the person notified the New Jersey Department of Environmental Protection upon actual discovery of the discharge. Following adoption of the amendment, it was clear that a person who purchased property after September 14, 1993 on which there was previously a discharge would by liable for the remediation unless it was demonstrated the above innocent purchaser criteria were met.

To read the entire article, please click above.

Remarks by Angelo Genova Featured in The Bergen Record

Remarks by Angelo Genova were featured in The Bergen Record’s article “Issues at polls renew interest in early voting.” Mr. Genova evaluated the merits of early voting as more than just a contingency plan in the case of an emergency like Hurricane Sandy: “I think you decide to have early voting because you think it can contribute to better participation in our democracy,” he said.

To read the full article, please click here.

GBGW as Land Use Counsel Helps Biotrial Secure Approval for New North American Headquarters in University Heights Science Park

Real Estate Weekly reported on Nov. 7th that Biotrail, a contract research organization that supports pharmaceutical and biotech companies, secured design approval from the City of Newark for the company’s new North American bio-med facility to  be headquartered in University Heights Science Park. The first phase will consist of a five-story, 70,000-square-foot building;  the Biotrial project is expected to establish 100 permanent jobs and provide 150-200 construction jobs in the City of Newark. Genova Burns, led by associate Jennifer Carrillo-Perez, acted as Land Use Counsel as part of the Biotrial team.

For the full article, click here.

Angelo J. Genova Quoted in The Wall Street Journal

Comments by Angelo J. Genova,  Co-Founding Partner of Genova Burns, were featured in The Wall Street Journal on November 6, 2012. In an article by Heather Haddon entitled “States Change Voting Plans in Sandy’s Wake,” Mr. Genova commented on how changes in voting plans necessitated by Hurricane Sandy might affect the overall election.

New DEP Beach and Waterway Access Rules Impact Storm Reconstruction and New Commercial and Industrial Development

Author: William F. Harrison, Esq. and Erin K. Phalon, Esq.

View the article (pdf)

DEP today published its new Beach and Waterway Access Rules. The rules aim to maintain existing public access to tidal waterways and provide opportunities for public access to tidal waterways at new developments. They will impact commercial and industrial development in New Jersey.

The massive destruction caused by Hurricane Sandy and the subsequent need to rebuild make these rules particularly relevant.

For the full article, please click above.  For more information contact William F. Harrison, Esq. in the Commercial Real Estate, Redevelopment and Environmental Law Practice Group at wharrison@nullgenovaburns.com or (973) 535-4430.

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