Law 360 described the New Jersey legal community’s reactions to the bipartisan agreement between the governor and the Senate leader which enabled state Supreme Court Justice Stuart Rabner’s renomination; the article included a statement by the firm’s founding Partner Angelo J. Genova.
“Justice Rabner’s renomination and the nomination of Judge Solomon, a former assemblyman and prosecutor who also headed the state Board of Public Utilities under Christie, is an example of checks and balances at work, according to Angelo Genova, a co-founder of Genova Burns LLC.
‘Governor Christie and Senator Sweeney should be applauded for finding common ground in the interest of all of New Jersey,’ Genova said. ‘Now let’s hope this starts a trend and we see a break in the logjam of judicial and other appointments necessary to an effective government and judiciary. ‘”
Partner William F. Harrison, Director of Genova Burns’s Land Use & Approvals and Environmental Law Practice Groups, commented on New Jersey’s affordable housing rules for Law 360.
The New Jersey Council on Affordable Housing on April 30 approved proposed “third-round” rules, which are scheduled to be published in the state Register on June 2 and undergo public comment. The state Supreme Court gave COAH until May 1 to approve the regulations for publication after the agency couldn’t make a previous five-month deadline.
Law 360’s Martin Bricketto notes that “(i)t will be no surprise if the rules become the latest in a long series of affordable housing court battles, even if COAH makes changes before adopting them. However, the regulations could be close enough to what the Supreme Court wanted to survive, according to William F. Harrison, a partner with Genova Burns LLC and a former policy director and chief counsel with the New Jersey Office of Smart Growth.” Mr. Harrison continues, “I think they are basically consistent with the first- and second-round rules, and I think this was a good-faith effort on the part of COAH to do that….There are probably some things that arguably could be an issue for the court, but I think it’s likely that the court is going to look at this and say, ‘There haven’t been rules in effect since 1999, let’s see what happens.’”
An article on JD Supra entitled “What’s The One Thing Every Company’s Telecommuting Policy Must Include?” features comments from experts around the country, including the Director of the firm’s Human Resource Practices Group, Partner Dena C. Calo. Ms. Calo notes, “When drafting a telecommuting policy, companies should not forget to require employees to sign a separate telecommuting agreement. This agreement sets forth the specific parameters of the telecommuting arrangement with this particular employee and the expectations between the employer and employee in order for this arrangement to be successful. Such an agreement, to be signed by the employee, will outline employer’s exact requirements for the employee during the telecommuting period.”
Ms. Calo provides employment law counseling, including preparing and reviewing employee handbooks, establishing and auditing human resources policies and procedures and conducting on-site investigations. Ms. Calo also trains organizations on best human resource practices.She is an adjunct professor at Holy Family University, teaching employment law and labor relations at the undergraduate and graduate levels.
Law 360 featured firm Partner Kathleen Barnett Einhorn this month in their Female Powerbrokers Q & A. Ms. Einhorn discusses some of the challenges she has faced as a women in what has traditionally been viewed as an “old boy’s network,” and provides guidance to both aspiring female attorneys and to law firms seeking to increase diversity. Referring to the firm’s Inclusionary Initiative, she states that “Retention of women is critical because diversity is simply good business. Women increasingly occupy “seats at the table” at the highest-level positions. If a firm wants to represent a wide demographic of potential business prospects, it is in its best interests to promote women, and minorities, not only from an ethical stance, but from a bottom-line perspective.”
Ms. Einhorn is a director of the firm’s Complex Commercial Litigation and Public Contract Law & Bid Protest Litigation practice groups. She concentrates her practice in general commercial litigation and counseling with an emphasis on complex contract and business disputes, fraud or misrepresentation, insurance and employment defense, First Amendment and constitutional rights claims, civil extortion, intellectual property, insurance coverage, defamation, real estate, internet law, construction disputes and public contract and bid protests.
Ms. Einhorn is a member of the board of the New Jersey Women Lawyers Association and also serves as a trustee of the Women in the Profession Section of the New Jersey State Bar Association. This year she was listed as one of New Jersey’s Super Lawyers’ Top 50 Women; in 2013 she was listed as one of the Best Lawyers in America and as a New Jersey Super Lawyer; in 2012 she was named one of NJBiz’s Best 50 Women in Business.
The comments of firm Counsel Matthew Kaplan of the firm’s Business Law & Commercial Transactions and Commercial Real Estate & Redevelopment Law Groups are included in the May issue of Commerce Magazine, the publication of the Commerce & industry Association of New Jersey (CIANJ). Mr. Kaplan was featured in a roundup of opinions on exit strategies for family owned businesses, advising careful planning for issues surrounding assessment, corporate governance and succession. For the full article, click here.
Mr. Kaplan 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.
Harvey Weissbard, of Counsel, is quoted in Law 360’s article on the appellate decision in Barlyn v. Dow which was issued on May 7. In that case a former Hunterdon County assistant prosecutor sued former Attorney General Dow and the state for wrongful termination, claiming he was fired for protesting the allegedly political dismissal of indictments against former Hunterdon County Sheriff Deborah Trout and two subordinates. The appellate court reversed an order in the civil case requiring the release of grand jury materials from the Trout matter, finding that Barlyn had failed to show a particularized need.
Mr. Weissbard noted that the court’s analysis of Barlyn’s alleged need for grand jury transcripts, exhibits and other documents versus their inherent secrecy was largely a straightforward application of the Doliner case. He also commented that “Judge Messano probably got it right, that it was … premature and that there hadn’t been enough discovery.”
Mr. Weissbard served as a Judge of the Superior Court of New Jersey, Appellate Division for eight years and, prior to that, served as a trial judge in the Criminal Division.
Eugene T. Paolino, Partner in the firm’s Jersey City office, is quoted in Josh Burd’s article in NJ Biz, “J.C. Finds New Rules Haven’t Abated New Projects.” Mr. Paolino discusses how, despite the fact that tax abatements for waterfront residential projects have been scaled back, there is still strong interest from developers. Numerous projects such as 99 Hudson are “‘indicative of continued interest,’ said Paolino… . ‘And that’s what I hear from my colleagues, as well.'”
Mr. Paolino represented KABR Group and Kushner Cos. in securing the five-year tax abatement for the five-year tax abatement for the new Trump Plaza tower in early April.
Partner Laurence D. Laufer was quoted by both The Hill and ABC News in coverage of the Michael Grimm case, regarding the legal alternatives for removing a nominee from the ballot. Mr. Laufer “told ABC News that nominating Grimm for a state Supreme Court judgeship is the sole way and there has been precedent of placeholder candidates on minor party lines being nominated to the court to get them off the ballot.”
Mr. Laufer is Director of the firm’s Corporate Political Activity Law and the Non Profit Tax Exempt Organizations Practice Groups.
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.
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.