Reevaluating Insurance Policies, and Important Deadlines for One Year After Sandy

One year after Superstorm Sandy, this is the ideal time for regional businesses to re-evaluate their insurance policies to determine the adequacy of coverage in the case of similar future events. There are also certain best practices that insureds can implement to bolster any future insurance policy claims. In this article, Partner James M. Burns and Conlee Whiteley of the New Orleans law firm Kanner & Whiteley explain the importance of such annual reviews and suggest best practices to enable businesses, homeowner associations and other entities to adequately plan for the future.

Genova Burns and Kanner & Whiteley have joined together to provide representation to businesses in the region affected by Sandy.  Mr. Burns and Ms. Whiteley have written several articles of interest to affected New Jersey property owners and homeowner associations. This article from the Mid Atlantic Real Estate Journal outlines important deadlines for placing the insurance carrier on notice of a claim and/or instituting a lawsuit after denial of coverage.  Policyholders who fail to comply with these deadlines risk losing their rights to recover from losses.  The authors also recently published an article in AIM magazine,  the publication for the New Jersey Apartment Association, which discusses how building owners might be overlooking potential wind damage insurance recoveries. The article outlines steps to analyze large commercial insurance wind claims.

“How Employers Can Navigate Disability-Related Misconduct and the Interactive Process” by Dena Calo and Joshua Knapp in Thompson’s Leave & Disability Coordination Newsletter.

Partner Dena B. Calo and Associate Joshua E. Knapp have published an article on How Employers Can Navigate Disability in Thompson’s Leave & Disability Coordination newsletter.  The piece examines how an employer should approach a situation where a disabled employee engages in behavior that warrants termination. The authors emphasize the importance of an employer receiving notice of the employee’s need for accommodation of the disability. They also underline the need for interactive discussion, in case the employer did receive notice, in order to determine what reasonable accommodation might be necessary to prevent future misconduct.

Joseph Hannon and Jennifer Roselle to Present “Labor Negotiations Primer: Understanding Collective Negotiations” for the New Jersey State League of Municipalities

Counsel Joseph M. Hannon and Associate Jennifer Roselle will present at a New Jersey State League of Municipalities League Professional Development Program entitled “Labor Negotiations Primer: Understanding Collective Negotiations” on Wednesday, October 30th at the PNC Bank Arts Center Robert Meyner Reception Center in Holmdel, New Jersey.

This seminar will cover the basics involved in collective negotiations with civilian and law enforcement bargaining units. A range of topics will be discussed including the process of negotiations, preparation for negotiations, and the scope of negotiations. The seminar will also address impasse procedures including mediation, fact finding, and interest arbitration for law enforcement bargaining units.

This program has been approved for the following CLE credits: CEU’s-CMFO/CCFO-4.0 Off Mgmt; CPWM-4.0 GOVT; RMC-4.0 Prof Devel; CPA-4.0 FIN;NJCLE-4.0 Municipal Law; PACLE-3.5 Government Law;WWW/TCH-3.0

For further information on this program and to register please click here.

Patrick McGovern and Phillip Rofsky Present on “Understanding the Affordable Care Act” for the NJLOM

Partner Patrick W. McGovern, Esq., and Associate Phillip M. Rofsky, Esq., were speakers at a seminar today for the New Jersey League of Municipalities entitled “Understanding the Affordable Healthcare Act.” They will be repeating this informative presentation again on December 9th.

Healthcare Reform, also known as the Patient Protection and Affordable Care Act (“the PPACA”) is among the broadest sweeping laws ever passed in our nation’s history, impacting every aspect of the United States health care delivery system. While enacted in 2010, some of the more substantial measures of the law shall take effect on 2014 and 2015, impacting every employer and public entity in the state, including municipalities. The PPACA shall add new responsibilities to municipalities, new taxes, and other new complexities that need the immediate attention of policy makers and elected officials. At this seminar, attendees will receive a broad and detailed overview of all major aspects of the law impacting municipalities and what needs to be done to be ready and compliant.

This seminar will be an interactive session designed to provide administrators, financial professionals, policy makers and elected officials with a clear blue print of what is coming, what needs to be done and how to make it happen. Click here to register.

Rebecca Freed to Speak at Women’s Political Caucus of NJ Event “Why Aren’t More NJ Women Winning Elections?”

Counsel Rebecca Moll Freed will be presenting opening remarks at a Newark breakfast event on November 7 sponsored by the Women’s Political Caucus of New Jersey called “Beyond the Headlines: Why Aren’t More NJ Women Winning Elections?” Moderated by political commentator Jim McQueeny, panelists include Laura Jones of “NJ Power & Politics”, Jeannette Hoffman, a Republican media commentator,  Julie Roginsky, Democratic Party strategist, and Nick Acocella,  editor and publisher of Politifax.  Beginning at 8am, a continental breakfast will be offered.   This event is free, but registration is required.

WPC-NJ also just announced that in January 2014 they will be presenting Genova Burns’s co-founding Partner Angelo J. Genova with their coveted “Good Guy” award at their annual Passion * Power* Progress Awards.  WPC-NJ is a chapter of the National Women’s Political Caucus, a multi-partisan grassroots organization dedicated to increasing women’s participation in the political process and creating a women’s political power base to achieve equality for all women.

Genova Burns Included in Top 20 List of NJ’s Largest Law Firms

This year Genova Burns was included for the first time in the Top 20 in the New Jersey Legal Almanac’s 2013 list of New Jersey’s Largest Law Firms. The firm was started by three attorneys in 1989 and is now poised to celebrate its 25th year anniversary in January 2014, with almost 90 attorneys practicing in six offices across the metropolitan area.

The Almanac also identified Valley National Bank v. Kleiber (36-4-9034), a precedent setting victory for a major client of the firm, as the fifth most requested case by the attorneys of New Jersey.  This decision determined that employers can recover tort liability against employees who resign and then solicit the employer’s clients, even if the employees did not have restrictive covenant agreements, and even if there is no proof that the former employees took hard copies of customer lists from their employer, if the employer proves that the employees learned of the identity of the customers as a result of their employment.  Partner John C. Petrella and Associate Harris S. Freier, led the litigation team under the guidance of Partner and firm co- Founder Angelo J. Genova. 

The Legal Almanac is a special annual publication by the New Jersey Law Journal.



Jennifer Carrillo- Perez Obtains Tax Abatement for Redevelopment of Former Hahne’s Store in Newark, Where Whole Foods Has Signed Lease for Retail Space

Jennifer M. Carrillo-Perez, firm Counsel and one of the New Jersey Law Journal’s 2013 New Leaders of the Bar, represented the entity 609 Broad Street, LLC in obtaining a tax abatement in the recently announced deal for the development of the former Hahne & Co. department store building, where Whole Foods has signed a lease for a 29,000-square-foot retail space.  The store will anchor the Hahne’s conversion into a multi-use building, featuring approximately 182 residential rental units.  The main level will be 83,000 square feet of retail and office space.  The project is a joint partnership between the Newark-based Hanini Group and L&M Development Partners of New York. The announcement marks the second major grocery store chain to come to Newark, according to


Judson Stein Appears in Kiplinger’s Personal Finance Magazine

Judson M. Stein, Director of the firm’s Trusts & Estates Practice Group, appears in the November 2013 issue of Kiplinger’s Personal Finance magazine.  Mr. Stein offers his thoughts on the importance of consideration and responsiveness in the complex world of estate planning, “where constantly changing tax laws and thorny interpersonal issues – especially if a family business is involved – can undermine smooth transitions.” He also notes the importance of estate planning at this time in history, “as members of the World War II generation prepare to leave behind significant financial legacies for their children and grandchildren.”  Mr. Stein said, “It’s unprecedented in our history for so much wealth to be moving from one generation to another.”  For more click here.

Firm Client Tucker Development is Awarded More Than $38m in Tax Breaks for Newark Project

Firm client Tucker Development was awarded more than $38M in subsidies in the form of bond financing and tax breaks by the Economic Development Authority to fund its mixed use development project on Springfield Avenue in Newark.  The awarded amount represents an aggregate of approvals through three EDA programs; the Redevelopment Area Bond financing program, tax credits under the Urban Transit Hub program and tax credits under the Economic Redevelopment and Growth Grant program. The Redevelopment Area Bond financing approval is also linked to the approval of a tax abatement which received preliminary approval recently from the City of Newark and is expected to be granted final approval by the City Council. The State’s Local Finance Board, which must review and approve all municipal tax abatements, granted its approval at its meeting this week.

Throughout the creation of this project, Genova Burns’s Commercial Real Estate & Redevelopment  Practice Group has been closely involved with Tucker Development every step of the way since early 2008 beginning with the acquisition of the property; through modifications and amendments to the redevelopment plan that existed prior to the client’s acquisition; through site approvals at the municipal, county and state levels; through litigation challenges to the approvals; through approval by the City of the tax abatement and approvals by the EDA referenced in  an article on Partner Frank Giantomasi led the team in planning and government interaction; Commercial Real Estate & Redevelopment Practice Group Director Partner Jeffrey R. Rich was lead counsel on site acquisition and finance.

Article by Angelo Genova and Dina Mastellone on the Importance of Employee Handbooks for Car Dealerships in NJ Auto Retailer Magazine

Co-founding Partner Angelo J. Genova and Counsel Dina M. Mastellone have published an article entitled “Policies, Procedures and Protection: Why Every Dealership Should Have an Employee Handbook,” in the Summer 2013 issue of New Jersey Auto Retailer Magazine. The article lists top ten policies which should be contained in an Employee Handbook, including provisions related to the at-will employment, non-harassment and discrimination, accommodations under the Americans with Disabilities Act, employee discipline and the monitoring of electronic communications. The authors emphasize that a Handbook ensures fair treatment of employees and, when drafted correctly, can effectively limit a dealership’s liability from employment discrimination, harassment and other legal claims.

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