Genova Burns Successfully Obtained Dismissal of an Appeal Involving Construction of the American Dream @ Meadowlands Project

Genova Burns has successfully obtained dismissal of an appeal involving construction of the American Dream @ Meadowlands project for client Triple Five Group of Companies.  The Genova Burns litigation team of Angelo J. Genova, Kathleen Barnett Einhorn, Rajiv D. Parikh, Michael K. Fortunato and Michael McQueeny, were able to obtain an unanimous ruling from the Appellate Division, and a stipulation of withdrawal before the New Jersey Supreme Court in only eight (8) days.

In its decision the Court affirmed the New Jersey Sports and Exposition Authority’s authorization to issue $1.15 billion in non-recourse limited obligation municipal bonds that are part of a broader financing package for construction of the project.  American Dream @ Meadowlands will be a retail, dining, amusement and tourism destination including shopping, high end and casual dining, a Nickelodeon theme park, aquarium, water park, 4D movie theater and an all-season indoor ski slope.

For more regarding the case, please click here for a recent PR Newswire article.

Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption, even on a privately funded project, the developer must agree to use the City-approved project labor agreement (“PLA”), which is a pre-hire agreement that favors unionized contractors and subcontractors. On September 12, 2016, the Third Circuit Court of Appeals reinstated claims against Jersey City that its tax exemption ordinance mandating PLAs is preempted by the National Labor Relations Act and the Employee Retirement Income Security Act, and violates the dormant Commerce Clause of the U.S. Constitution. Now the case returns to the District Court for a determination whether Jersey City’s PLA requirement is unlawful. The Court was careful to explain that its ruling has nothing to do with public construction projects, and is limited to the City’s attempted regulation of privately funded projects. Associated Builders and Contractors v. City of Jersey City, No. 15-3166 (3rd Cir. Sept. 12, 2016).
For a more in depth discussion of the Court’s decision and its implications for municipalities that offer tax abatements in exchange for PLAs, click here. Questions relating to this important decision may be directed to any partner in our firm’s Labor Law Practice Group – James McGovern III, Patrick McGovern, Douglas Solomon, and John Vreeland.

Rebecca Moll Freed and Harris S. Freier to Give Presentation “Election Year Politics and the Watercooler: Managing Sensitive Topics in the Workplace”

Rebecca Moll Freed, Partner and Chair of the Corporate Political Activity Law Practice Group and Harris S. Freier, Partner in the Employment Law & Litigation and Appellate Practice Groups will give a presentation entitled, “Election Year Politics and the Watercooler: Managing Sensitive Topics in the Workplace” on Wednesday, September 28th hosted by the Newark Regional Business Partnership at Panasonic Corporation in Newark, New Jersey.

As the 2016 presidential election becomes increasingly heated, employers are faced with the challenge of managing the political activity of their employees both in and out of the workplace. In an era of political polarization, what can employers do under the law to ensure that political issues do not interfere with employee productivity and collegiality, while still respecting the freedoms individuals have to engage in the political process? This program explores the intersection of political law and employment law to help guide employers in what they can—and cannot—do during the upcoming election seasons for President in 2016 and Governor in 2017.

For more information and to register, please click here.


Rebecca M. Freed & Avi D. Kelin to present on “Pay-to-Play in Jersey City: Do You Know How to Play by the Rules?”

Rebecca Moll Freed and Avi D. Kelin to Present a Complimentary Breakfast Seminar today at the NJCU School of Business. With the 2017 Jersey City mayoral election approaching, this breakfast seminar explores what contractors and re-developers need to know about Jersey City’s pay-to-play ordinances from covered contributors and recipients to dollar limits of permitted political contributions.

Chair Dina M. Mastellone and of Counsel Brigette N. Eagan to Present the “Dos and Don’ts of Hiring and Firing” Seminar

Dina M. Mastellone, Chair of the Human Resource Training & Audit Programs Group and  Partner in the Employment Law & Litigation Practice Group and Brigette N. Eagan, of Counsel in the Human Resource Training & Audit Programs and Employment Law & Litigation Practice Groups, to present on the “Dos and Don’ts of Hiring and Firing” on 9/21, at a seminar co-hosted by Genova Burns LLC and TD Bank.

Rebecca Moll Freed Named to 2016 Top Women in Law List by New Jersey Law Journal

Genova Burns is proud to announce that Partner Rebecca Moll Freed has been named as one of New Jersey Law Journal’s 2016 Top Women in Law. The list is comprised of twenty five “outstanding attorneys” who “are all making strides to push the profession forward for women.”

The publication noted the list is their “attempt to shine a light on outstanding work being done by female attorneys across New Jersey who have had notable achievements in recent years, or who have otherwise made an extraordinary impact on the legal profession.”

Ms. Freed is Chair of the Firm’s Corporate Political Activity Group, the Non-Profit and Tax Exempt Organization Practice Group and Vendor Political Activity & Ethics Compliance Training & Audit Programs and is a member of the Public Contract Law & Bid Protest Litigation Practice Group.

Rebecca Moll Freed to Moderate Women in STEM Panel for Newark Academy

Partner Rebecca Moll Freed, alumnae of Newark Academy, will moderate a panel discussion regarding women in careers in science, technology, engineering, and mathematics (STEM) the evening of September 15, 2016 at Refinery29 in New York. The panel will feature three Newark Academy alumnae; Dr. Louise Klebanoff ’76, Ariele Faber ’08 and Allie Hyans ’11 who will talk about what led them to pursue careers in STEM, their greatest challenges, most interesting experiences and the current role of women in STEM today. For additional information and to register, please click here.

Ms. Freed is Chair of the Firm’s Corporate Political Activity Group, the Non-Profit and Tax Exempt Organization Practice Group and Vendor Political Activity & Ethics Compliance Training & Audit Programs and is a member of the Public Contract Law & Bid Protest Litigation Practice Group.

Rajiv D. Parikh and Brett M. Pugach Win Week-Long Trial Contesting Democratic Primary Election in Monroe Township

After trial spanning over one week, Partner Rajiv D. Parikh and Associate Brett M. Pugach, were successful in contesting the Democratic primary election in Monroe Township, Gloucester County. As a result of the Genova Burns Election Litigation team’s efforts, incumbent Councilman Marvin Dilks went from losing the primary election via a committee vote, to winning the election by three votes and proceeding to the general election in November.

To read a Courior-Post article entitled, “Tied Monroe Election Goes to Trial”, which goes into detail regarding Partner and Dilks’ attorney Rajiv D. Parikh’s arguments during trial, please click here.

To read article entitled, “Every Single Vote Counted in Now-Settled Monroe Twp. Primary Race”, in which Associate Brett Pugach is quoted, please click here.

Mr. Parikh is a Partner in Firm’s Complex Commercial Litigation, Intellectual Property Law, Construction Law & Litigation, Corporate Political Activity Law, and White Collar Criminal Defense, Corporate Internal Investigations & Corporate Ethics Practice Groups.

Mr. Pugach is an Associate in the Firm’s Labor Law and Alcohol & Regulated Products Law Practice Groups.