Partner Kathleen Barnett Einhorn and Firm Counsel Jennifer Borek and Dina M. Mastellone were elected by acclamation to leadership positions within the Women in the Profession Section of the New Jersey State Bar Association (NJSBA). Ms. Einhorn was elected as Secretary and previously served as a Section Trustee. Ms. Borek was re-elected as Section Trustee. Ms. Mastellone was elected Vice Chair and previously served as the Section’s Secretary and Trustee. The Women in the Profession Section is dedicated to promote the objectives of diversity and gender equity and to address the interests and concerns of women attorneys of the NJSBA. Ms. Einhorn, Ms. Borek and Ms. Mastellone will officially take office on May 15, 2014 at the NJSBA’s Annual Meeting at the Borgata Hotel and Casino in Atlantic City.
Several firm attorneys will be presenting at next month’s New Jersey State Bar Association Annual Meeting and Convention in Atlantic City.
On Wednesday May, 14 at 1pm, Partner Kathleen Barnett Einhorn will participate in a panel discussion called “Hot Tips for Hot Litigators.” This successful yearly program will once again present speakers from civil, criminal and workers’ compensation backgrounds who will offer rapid-fire hot tips of relevance to all litigators.
On May 14th at 3:30, Partner Jennifer Mazawey will be moderating a panel discussing “Filing an Action in Lieu of Prerogative Writs”. This program will provide land use practitioners and litigators an overview of prerogative writ litigation — from the constitutional foundation for actions in lieu of prerogative writs and the process for filing actions through trial, including judicial scope of review and required settlement processes.
Also on May 14th at 3:30pm, Counsel Dina Mastellone will be speaking on the panel called, “Did They Just Ask Me That? Employment Empowerment.” The program will detail the Fair Labor Standards Act and will feature experiences of NJSBA members with commentary from experienced employment attorneys and human resource professionals. The program will provide employees and employers alike with up-to-date guidance on what to expect when being hired and how to provide a professional, satisfying, and compliant experience for your employees.
On Thursday at 10am, The Supreme Court Committee on Attorney Ethics and Admissions will hold a public hearing to review the recent American Bar Association amendments to the Model Rules of Professional Conduct and determine whether our RPCs and standards for admission to practice should similarly be revised to address advances in technology and global legal practice developments. GBGW Firm Ethics Counsel Joseph A. Bottitta was appointed this year to this Committee.
For more information and to register for any of these courses, please click here.
Just four years after issuing Citizens United, the U.S. Supreme Court issued yet another landmark decision in McCutcheon v. FEC, which struck down aggregate campaign finance limits under the Federal Election Campaign Act. Eight states, including New York and some municipalities, impose comparable aggregate contribution limits on a single contributor’s contributions to multiple recipients during a specified time period. All of these limits are now vulnerable to challenge under the Court’s decision.
On April 30 at 10am EDT, Firm Partner Laurence D. Laufer and Counsel Jisha V. Dymond of the Corporate Political Activity Law Practice Group will summarize the McCutcheon decision, including the Court’s suggestions to Congress. In addition, they will discuss the current state of campaign finance law and assist viewers in identifying potential issues for states and municipalities with similar aggregate limits and pay-to-play laws.
The webcast is produced by Lawline, the largest provider of online continuing legal education (CLE) in the country. For information on CLE credits and to register, click here.
On Wednesday May, 14, at the New Jersey State Bar Association’s Annual Meeting and Convention, Partner Kathleen Barnett Einhorn will participate in a panel discussion called “Hot Tips for Hot Litigators.” This successful yearly program will once again present speakers from civil, criminal and workers’ compensation backgrounds who will offer rapid-fire hot tips of relevance to all litigators. The program is available for CLE credits in New York and New Jersey, with Pennsylvania CLE, Trail Attorney Certification, Workers Compensation Certification and Municipal Court Certification credits pending. For more information and to register, click here.
Ms. Einhorn is Director of the firm’s Complex Commercial Litigation Practice group, which recently was recognized by the New Jersey Law Journal as Litigation Department of the Year in the Labor & Employment Category.
Counsel Rebecca Moll Freed of the firm’s Corporate Political Activity Law Practice Group has published an article in the Spring 2014 issue of NJ Bankers Magazine; entitled “Top Ten Steps to Fast Track Your Bank’s Political Activity Compliance Plan,” the piece explains how banks, which are subject to the regulated industry ban, and their majority shareholders are prohibited from making political contributions. Ms. Freed advises banks that it is important to develop and enforce a clear and effective compliance policy in order to prevent reputational risk, loss of government contracting opportunities, and potential violations. For the full article, click here.
Partners John R. Vreeland and Patrick W. McGovern, and Associate Joseph V. Manney, of the firm’s Labor Law Practice Group, this week addressed an audience from the organization Dunkin’ Donuts Independent Franchise Owners, ranging from single unit owners to large multi-unit franchisees. The attorneys discussed topics of special interest to franchisees in New York, New Jersey, Pennsylvania and Connecticut including the Affordable Care Act and obligations under the FLSA. Wage and hour issues are of special interest to franchisees in the wake of a recent settlement by the owner of seven McDonald’s franchises with the New York State Attorney General for nearly $500,000 to resolve fast-food workers’ claim they were shorted on pay, Mr. Vreeland, Director of the firm’s Wage & Hour Compliance Practice Group, advises clients on payroll methodology and record keeping practices to ensure they are in compliance with federal and state law. Mr. McGovern, who leads the firm’s Employee Benefits Practice Group, advises clients on compliance with the Affordable Care Act, which takes full effect in January 2015 and 2016, as well as federal and state employee benefits laws.
Partner Eugene T. Paolino secured on behalf of firm client KABR/Kushner the unanimous approval by the Jersey City Municipal Council of a tax abatement for a 50 story, 447 unit residential building on the waterfront of Jersey City. The Jersey Journal reported that the tower is designed to have 447 units, including retail, and would share the Trump Tower parking deck but add 144 spaces to it. The project is expected to create 400-500 full time construction jobs and 35-40 full time positions in retail, leasing, maintenance, staffing and other related personnel.
NJ.com reports that the Jersey City Planning Board has voted unanimously to recommend to the Municipal Council amendments to the McGinley Square East Redevelopment Plan in order to allow Sora Development in partnership with Saint Peter’s University to build a unique 21 story building and to include a park in the Plan. Firm Partner Eugene T. Paolino , who serves as counsel to Sora Development with respect to the Partnership as well as General Counsel for the University, represented the partnership before the Planning Board.
The project proposes 45,000 square feet of retail space which is expected to include a grand lobby for a 13-screen cinema on the first and second floors, a supermarket, a bank, restaurants and other retail stores with the floors above the base. housing apartments (including 150 units of student housing), two penthouse restaurants and a rooftop swimming pool. The Plan was also amended to include a public park at the intersection of Montgomery Street and Bergen Avenue with a lawn, fountain in summer, and ice skating rink in the winter.
In 2011, the area around the intersection of Bergen Avenue and Montgomery Street was determined to be in need of redevelopment or rehabilitation. A Saint Peter’s spokesperson called the new project “transformational…the anchor of the redevelopment.”
A team of attorneys from Genova Burns’s Complex Commercial Litigation and Employment Law & Litigation Practice Groups, led by Marc Z. Edell, Of Counsel, secured a $550,000 settlement in favor of Saint Michael’s Medical Center against a world-renowned cardiothoracic surgeon.
In 2009, Saint Michael’s negotiated a five-year contract with a physician under which he was required to perform medical and administrative services in exchange for a lucrative salary and various other benefits. However, in late 2010, the physician sent correspondence to the hospital stating that because he did not receive one of his bonus payments on time, he was terminating his employment agreement and going to work for one of the hospital’s competitors. Immediately after receiving the letter, Saint Michael’s issued the full bonus payment. Notwithstanding, the physician terminated the employment agreement and the hospital consequently filed a lawsuit for breach of contract, breach of confidentiality, and wrongful solicitation (amongst other causes of action).
The central question presented by the lawsuit was whether two emails, which casually stated that the physician’s bonus had not been timely paid (and which were not served by a method of delivery permitted under employment agreement), nevertheless, could be considered notices of breach. If so, the physician would be entitled to terminate the contract after the breach was not cured within a specified period of time. However, if the emails did not constitute notices of breach, then the physician’s termination would have been improper as he failed to give proper notice of breach and an opportunity to cure.
Ultimately, after almost six months of bench trial before Hon. David B. Katz, J.S.C., the physician agreed to pay Saint Michael’s Medical Center $550,000 to settle the lawsuit. This settlement marks a clear victory for hospitals and other healthcare institutions seeking to enforce their rights against a breaching physician or any other employee who refuses to comply with his or her contractual obligations.
Mr. Edell has successfully represented health care providers in multi-jurisdictional criminal and civil matters. He has also secured a broad spectrum of successful verdicts for clients in numerous areas of the law such as antitrust, copyright infringement, insurance coverage, intellectual property, product liability (pharmaceutical, toxic torts, and design defects), and professional malpractice. In addition to Mr. Edell, the GBGW team on this matter included Associates Justin A. Jacobs and William G. Nestor, III.
Genova Burns litigators Rajiv D. Parikh and Maria R. Fruci were successful in overturning a decision by the New Jersey Division of Elections to reject Clinton Township Mayor Janice Kovach from the June 2014 Primary Election Ballot. As a result of the decision issued today by Administrative Law Judge Susan Scarola, Ms. Kovach will be added to the primary election ballot for the 7th District Congressional seat. The Judge noted that “the total number of signatures validly obtained by (Ms. Kovach) exceeds the statutory requirement…, and therefore the nominating petition shall be accepted.”
Ms. Kovach announced in January that she planned to run for the seat that has been held since 2009 by U.S. Rep. Leonard Lance. New Jersey’s 7th District covers all of Hunterdon County, most of Somerset and parts of Morris, Warren, Union and Essex counties.
Mr. Parikh was quoted in the Star Ledger‘s coverage of the decision.
Firm Counsel Mr. Parikh has been involved with a variety of election related litigations throughout New Jersey, including matters concerning the Democratic National Committee, and candidates for local, state and federal offices. He serves as general counsel to the New Jersey Democratic State Committee, and the campaigns of Senator Cory Booker, congressional candidates Roy Cho and Bonnie Watson Coleman and others.