Firm’s Trusts & Estates Group Launches Blog

Genova Burns’s Trusts & Estates Practice Group has launched a blog, aimed at keeping clients up to date on the most recent developments in this field. Recent posts address such issues as quiet trusts, the tax aspects of trust protectors, and gifting.

Authors will include David J. Spacht, who advises individuals with strategies to effectuate asset protection, tax-savings, business succession, and government-benefits planning; Matthew Kertz, a litigator with substantial experience involving complicated trusts and estates disputes such as will contests, accountings, and guardianship proceedings; Joseph A. Bottitta, Ethics Counsel to the firm and former President of the New Jersey State Bar Association; and Practice Group Director Judson M. Stein, who has more than 30 years of experience in the protection and strengthening of businesses and estates, as well as the transfer of assets to heirs and other beneficiaries.

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Peter Berk Interviewed in LIRS Podcast About Significant FSLA Decision in Rosano v. Teaneck

Labor Relations Information System (LRIS), the information resource for public sector labor and personnel issues, has posted a podcast featuring an interview with firm Counsel Peter F. Berk on Rosano v. Teaneck, a significant FLSA case coming out of the federal Third Circuit Court of Appeals. In this case, Genova Burns secured a significant precedential victory for its client the Township of Teaneck; the suit was originally filed in 2009 by 88 police officers who claimed Teaneck failed to pay proper overtime, failed to provide compensation for time spent attending daily roll calls, and failed to provide compensation for time spent donning and doffing uniforms and equipment each day. The three-judge appeals court panel affirmed the decision to grant Teaneck summary judgment on the police officers’ claims and refused to revive a Fair Labor Standards Act lawsuit brought by the police officers. The decision found that Teaneck had qualified for an exemption to the FLSA’s overtime provisions and that the officers were precluded from seeking pay for donning and doffing time.

Mr. Berk, a member of the Employment Law & Litigation Practice Group, represents employers in a broad range of employment law litigation matters in state and federal court involving claims of discrimination, harassment, wrongful termination, whistle-blowing, wage and hour laws, employment-related torts, violations of restricted covenant and claims of unfair competition, theft, and/or disclosure of trade secrets.  He  also counsels employers on a wide range of human resource issues, including the drafting of employment contracts, restrictive covenants and severance agreements.


Judson Stein and David Spacht to Present for NJICLE’s Estate Planning College

Members of the firm’s Trusts & Estates Practice Group will present for the New Jersey Institute for Continuing Legal Education’s Estate Planning College on August 18 at the Wilshire Grand Hotel in West Orange.

Presented in cooperation with the NJSBA Real Property, Trust and Estate Law Section, Practice Group Director Judson M. Stein will moderate an intensive one-day course with a faculty of experienced estate planners designed to give both novice and experienced attorneys a working knowledge of the many issues that must be considered in creating a solid estate plan. As part of the discussion, Mr. Stein will provide an Overview of Federal Gift, Estate and Generation Skipping Transfer Taxes, and Associate David J. Spacht will present on Recent Developments in Federal Estate and Gift Tax Law. This program has been approved for 6.7 credits with NJ CLE.  For more CLE information for NY and PA and to register, please click here. 


Firm Wins Hobby’s For Justice Sandwich Competition Third Year in a Row, Benefitting VLJ and Local Soup Kitchen

For the third year in a row, Genova Burns has won the “Hobby’s For Justice” competition benefitting Volunteer Lawyers for Justice. As part of the popular fundraiser, Hobby’s Delicatessen & Restaurant invites local businesses in Newark to sponsor a sandwich that appears on the restaurant’s menu for one week in June. Funds are earmarked for VLJ’s comprehensive pro bono legal services to thousands of economically disadvantaged individuals each year in New Jersey. Genova Burns took top honors this year with its “GBGW Supreme Court Appealing Turkey Sandwich.”

As reported by the New Jersey Law Journal, the firm boosted the benefit to the needy by donating the sandwiches to feed almost 100 people at St. Ann’s Church Soup Kitchen & Pantry in Newark.

VLJ focuses on the areas of greatest need to low-income individuals such as family law, consumer law, bankruptcy and special education. Its programming includes free legal counsel and advice, educational seminars on various legal matters, and direct representation for at-risk individuals facing critical civil legal issues.


“Banks Must Comply with New Affirmative Action Rules” by Patrick W. McGovern and Allison Gotfried in New Jersey Banker Magazine

An article by Partner Patrick W. McGovern and Associate Allison Gotfried appears in the Summer 2014 issue of New Jersey Banker Magazine. In “Banks Must Comply with New Affirmative Action Rules,” Mr. McGovern and Ms. Gotfried address the new regulations imposed by the OFCCP on federal contractors, (including financial institutions) that purchase federal shares or deposit insurance relating to their recruitment and hiring of war veterans and individuals with disabilities. The authors also provide insight on the implementation of affirmative action requirements, record keeping mandates and retention periods for evidencing all compliance efforts. For full article, please view the Summer 2014 issue of New Jersey Banker here.

Rajiv Parikh Quoted in Star Ledger Article on Edison’s Indian Community

Counsel Rajiv Parikh was quoted in the Star Ledger’s coverage of a dispute between a town councilwoman and a local clergyman concerning the latter’s comments about Edison’s Indian community. Mr. Parikh, who serves as president of the South Asian Bar Association of New Jersey, remarked that it was “misguided” to believe that “one community or another (is) contributing to {Edison’s) budget issues.”


Jisha Dymond Featured in Reuters Article on Political Contributions by Investment Advisors

Counsel Jisha V. Dymond of the firm’s Corporate Political Activity Law Group is featured in a Reuters article entitled “COMPLY-Why U.S. election season donations can trip up advisers.” The piece by Suzanne Barlyn examines why public retirement plan advisers planning to make political contributions should be aware of the Securities and Exchange Commission rules and other relevant pay to play regulations. Ms. Dymond comments that “(i)n an election year, there’s so many different ways to hit a trip wire in terms of compliance.”

Ms. Dymond represents for-profit and non-profit corporations, trade associations and PACs on the legal aspects of their political activities, including federal and state campaign finance, pay-to-play, and federal and state lobbying laws. She also advises candidates and elected officials on state and federal campaign finance law and ethics obligations. Ms. Dymond’ s experience includes litigation and appearing before administrative agencies such as the New York City Campaign Finance Board, New York State Board of Elections, and the New Jersey Election Law Enforcement Commission.

Matthew Kaplan and Rajiv Parikh Named to NJLJ’s New Leaders of the Bar

Two attorneys from Genova Burns have been named to the New Jersey Law Journal‘s annual list of New Leaders of the Bar: Matthew R. Kaplan, Counsel in the firm’s Commercial Real Estate & Redevelopment Law and Business Law & Commercial Transactions Groups; and Rajiv D. Parikh, Counsel in the Complex Commercial Litigation, Intellectual Property Law, Construction Law & Litigation, and White Collar Criminal Defense, Corporate Internal Investigations & Corporate Ethics Practice Groups.

The Law Journal conducts a rigorous evaluation process; it states that its “basic criteria for selection of these standout lawyers are that they have developed practice niches, amassed strong books of business, demonstrated leadership qualities, shown expertise in litigation or transactional work and committed themselves to pro bono, charitable and professional volunteer work.”

Mr. Kaplan has significant experience with sophisticated commercial real estate and corporate transactions. His transactional real estate practice includes acquisitions and dispositions, construction and permanent mortgage financing, complex joint venture arrangements and equity investments, loan purchases and retail, office and industrial leasing on behalf of landlords and tenants.

Mr. Kaplan also actively represents businesses and individuals in all aspects of commercial transactions, including acquisitions and sales of companies and operating divisions, secured and unsecured credit facilities, recapitalizations and restructurings, leveraged buyouts, private placements of debt and equity securities, joint ventures, strategic alliances and shareholder agreements, private equity and venture capital investments, executive employment arrangements and miscellaneous contract drafting and outside general counsel services.

Mr. Parikh is a litigator and trial attorney with substantial experience in complex commercial disputes, intellectual property litigation, electronic discovery, large scale construction disputes, and constitutional challenges. In addition, Mr. Parikh has an expertise with strategic counseling and litigation related to online reputation management, harassment and defending against internet/social media defamation campaigns.

Mr. Parikh has also 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 candidate Roy Cho and others.


“Preparing Small Business For Procurement Opportunities” by Partner Rebecca Freed in the July issue of New Jersey Business.

Partner Rebecca Moll Freed’s article “Preparing Small Business For Procurement Opportunities” appears in the July issue of New Jersey Business. Subtitled “Opportunities abound in contracting and subcontracting,” Ms. Freed discusses how the state’s government procurement process is designed to foster competition and create a level playing field in the award of government contracts and how small businesses may take advantage of New Jersey’s various set-aside programs. These set-aside goals are designed to provide a benefit to the taxpayers by encouraging more companies to compete for government contracts. In addition to explaining the eligibility requirements for these programs, Ms. Freed cautions small businesses to become familiar with the procurement process, the specifications for every procurement opportunity for which they plan to compete, and with New Jersey’s pay-to-play restrictions.


David Cooke Comments on the Impact of the FAA Ban on Commercial Drone Use for Law 360

 In Kaitlin Ugolik’s article on Law 360 “RE Cos. Face Subpoenas As FAA Shakes Out Drone Rules,” David P. Cooke, Director of Genova Burns’s Aviation and Aircraft Law Practice Group, commented on the issue of real estate brokers sending camera-equipped unmanned aircraft to obtain footage of properties for potential buyers despite a Federal Aviation Administration ban on commercial drone use.

Mr. Cook said, “The technology is developing so quickly and the costs are coming down so rapidly that the regulatory framework for operating these things has just not caught up.”

The article describes businesses, including real estate brokerages, which are taking advantage of the technology while a technical regulatory gap still exists. It further notes that several regional brokerages have received subpoenas from the FAA regarding this activity.

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