Laurence Laufer Comments on Brooklyn DA Reality Show for Thomson Reuters

Partner Laurence Laufer, Director of the Corporate Political Activity Practice Group, was quoted in a story today about an upcoming CBS reality show centering on the Brooklyn DA’s office. Abe George, a challenger to incumbent Brooklyn District Attorney Charles Hynes in September’s Democratic primary, claims the TV program is an in kind donation of air time.  Mr. Laufer expresses doubt that the show violates any campaign finance laws;  he cites a 1994 opinion from the state Board of Elections where it was found that radio shock jock Howard Stern would not violate any laws if he promoted  his own campaign for governor on his radio show.

For the full story click here.


Appellate Division Upholds New Jersey Department of Environmental Protection’s Waiver Rule

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

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The Appellate Division of the Superior Court of New Jersey on March 21, 2013 upheld the New Jersey Department of Environmental Protection (DEP)’s Waiver Rule, which took effect on August 1, 2012.

A group of 28 environmental and labor organizations challenged the Waiver Rule, arguing that the Waiver Rule exceeded DEP’s legislated authority and is invalid due to lack of adequate standards to guide the agency’s discretion and implementation. They also challenged DEP’s guidance documents and other postings on DEP’s Waiver Rule web site as de facto rulemaking in violation of the Administrative Procedure Act (APA).

The Appellate Division upheld DEP’s authority to promulgate the Waiver Rule, finding that DEP has legislative authority to adopt department-wide regulations of general applicability to deal comprehensively with the sheer scope of overlapping statutory programs DEP administers and the volume of interconnected activities DEP must coordinate. The Court also stated that it views DEP’s authority to waive its own rules as implicit in the Legislature’s delegation of broad rulemaking power to the DEP. In addition, the Court found that the rule contains adequate standards to guide DEP’s implementation and discretion. However, the Court found that the documents posted on DEP’s website, which explain the Waiver Rule and describe what DEP will require applicants to submit to receive a waiver, go beyond facilitating administrative implementation of the rules and announce new substantive requirements, which necessitates formal rulemaking. Unless the documents on DEP’s web site are adopted by rule, DEP cannot use these documents in reviewing applications.


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Dena B. Calo and William G. Nestor’s Article “Fighting Leave of Absence Abuse with Social Media” Featured in Thompson’s HR Compliance Expert


Dena B. Calo, Esq. and William G. Nestor, III, Esq.

Publication: Thompson’s HR Compliance Expert

Partner Dena B. Calo and Associate William G. Nestor, III have co-authored an article that appears in Thompson’s HR Compliance Expert: “Fighting Leave of Absence Abuse with Social Media.” The piece documents the explosion of social media usage in the modern workplace, and analyzes how human resource managers may leverage employees’ social media publications to fight leave of absence abuse. The authors explore the challenges posed under both the Family and Medical Leave Act and the Americans with Disabilities Act, and advise the following: social media should be used in addition to, and in conjunction with, every other conventional method of fighting leave of absence abuse; supervisors should be wary about maintaining social media connections with subordinates; and employees at all levels should be encouraged to report questionable or suspicious social media publications.

For the full article, click here.

Hannon and Pugach to Present at New Jersey State League of Municipalities Professional Development Seminar

Counsel Joseph M. Hannon and Associate Brett M. Pugach will present at the New Jersey State League of Municipalities Professional Development Seminar entitled, “Disciplinary Actions in the Public Sector,” on March 20th at the Robert Meyner Reception Center in Holmdel, New Jersey. The presentation will focus on all aspects of the disciplinary process from the investigation stage through the handling of the matter on appeal and explain such topics as the difference between handling disciplinary actions in civil service municipalities versus non-civil service municipalities and civilian disciplinary actions and disciplinary actions involving uniformed personnel. The seminar will also explore discovery and evidentiary issues related to the disciplinary hearings.

Please click here to register for this seminar and further information on the New Jersey State League of Municipalities.




GBGW Congratulates Its 2013 New Jersey Super Lawyers and Rising Stars

The Firm congratulates the following attorneys who have been named New Jersey 2013 Super Lawyers:  Kathleen Barnett EinhornAngelo J. GenovaFrank J. Giantomasi,  Brian W. Kronick, James J. McGovern, Patrick W. McGovern, John C. Petrella and Judson M. Stein.

Mr. Genova has been named a New Jersey  Super Lawyer every year since 2005;  he is also named as one of the state’s Top 100 Super Lawyers.

Nine Firm attorneys have been named Rising Stars:  Peter Berk, Harris S. Freier, Gemma M. Giantomasi, Joseph M. Hannon,  Jennifer Mazawey,  Charles J. Messina,  Jennifer Roselle, Rajiv D. Parikh, and Gina M. Schneider.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. No more than five percent of the lawyers in the state are selected by Super Lawyers.

Freier Comments Featured in Ragan Article on Harvard E Mail Case

Harris Freier, an Associate in the Firm’s Employment Law & Litigation Practice Group, is quoted extensively in an article posted today on, a leading website aimed at corporate communicators and HR professionals. Mr. Freier discussed the legal questions raised by the recent scandal at Harvard College, where administrators searched the e-mails of 16 deans without permission; he says that employers can search emails “if they have a policy in place which states that the employer may access any such electronic communications without notice and in the discretion of the employer. ”

For the full article, please click here.

Genova Burns Launches New Office Location In Jersey City

The Firm is pleased to announce its expansion into Jersey City with the opening of GBGW’s sixth location. The new office, located at 30 Montgomery Street, will be comprised of approximately ten attorneys and includes several new additions to the Firm.

Brian W. Kronick, Managing Partner, said: “Jersey City is a burgeoning venue for New Jersey’s business community. What better place to establish a presence than at our clients’ doorstep in Jersey City – home to many of our clients in the financial services, securities, gold coast real estate and development and port commerce industries.”

The Firm also announced the addition of  two new attorneys, who will be based in the Jersey City office.

Partner Eugene T. Paolino has been practicing law in New Jersey for more than three decades and brings a wealth of experience in commercial law and real estate development, redevelopment law and tax abatement, zoning and land use law, commercial law, education law and corporate law. He has been general counsel to Saint Peter’s University and has played a critical role in some of Jersey City’s most iconic and significant real estate projects along New Jersey’s Hudson River “Gold Coast,” such as 77 Hudson and 101 Hudson, as well as the development of The Beacon (the former Jersey City Medical Center) and the Saint Peter’s MacMahon Student Center, together with other redevelopment projects across Jersey City and Hudson County.

Associate Thomas P. Leane received his Juris Doctor from Seton Hall Law University School of Law in 2011, and his Bachelor of Arts in History and Political Science from Boston College. Mr. Leane clerked for the Honorable Judge Lisa Rose, J.S.C.  and also served as Law Clerk for the Office of County Counsel, Hudson County.

For full press release see here. For coverage of the opening in NJ Biz, click here.


Proposed Changes to Redevelopment Law Approved by Senate and Assembly Committees: Bill Codifies Process for Designating Areas In Need of Redevelopment

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

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On March 7, 2013, the Assembly Commerce and Economic Development Committee reported out with amendments legislation, A-3615 (Assemblyman Coutinho), that would make several important changes to the Local Redevelopment and Housing Law (the “Redevelopment Law”). These proposed changes would impact developers, municipalities and property owners. The Senate companion bill, S-2447 (Senators Van Drew and Rice), was approved by the Senate Community and Urban Affairs Committee on March 4, 2013.   The bill would amend the Redevelopment Law to require the governing body’s resolution authorizing the planning board to investigate whether an area qualifies as an area in need of redevelopment to state whether the redevelopment area designation will authorize the municipality to use eminent domain. Under the legislation, areas in need of redevelopment in which the municipality is authorized to use eminent domain are called “Condemnation Redevelopment Areas.” Areas in need of redevelopment in which the municipality may not use eminent domain are called “Non-Condemnation Redevelopment Areas.” When the planning board issues a notice of a public hearing regarding the redevelopment area designation, it must specify whether a redevelopment area determination will authorize the municipality to exercise eminent domain.

For full article text, please click above.