Rich Meisner recently assisted Falconhead Capital with franchise law issues in support of its acquisition of Rita's Water Ice Franchise Company. The Falconhead Capital deal was the subject of an article in the December 1, 2011, Wall Street Journal. See http://blogs.wsj.com/privateequity/2011/12/01/falconhead-capital-starts-december-with-icy-deal/?mod=google_news_blog.
Firm member Rich Meisner and associate Jessica Battaglia represented a Qui Tam Whistleblower who was terminated from her job for refusing to participate in what she viewed as government fraud. Our firm assisted our client in obtaining a prompt and appropriate settlement agreement.
Firm member Kenneth R. Sauter was a featured speaker at the ICLE seminar, "Community Association Law Summit: Top 10 Topics of 2011," on November 2, 2011, at the New Jersey Law Center in New Brunswick. Ken presented a session on closing and transfer issues.
Firm member Caroline Record was a featured speaker at the 2011 Hot Topics in Real Estate seminar, presented on September 21, 2011, in East Brunswick.
Tom Jardim will participate in the 2011 Governor's Conference on Housing and Economic Development in Atlantic City on September 20-21, 2011. He will serve as the moderator for the session, "No Pets Policies and More: How Fair Housing Laws Apply to Condo Associations."
Kenneth R. Sauter has been invited by the Housing Partnership of Morris County to be a member of its NeighborWorks HomeOwnership Center Advisory Committee. Ken is a frequent speaker for the Housing Partnership, having presented many seminars on homeownership for first-time buyers.
Kenneth R. Sauter will be a featured on the faculty of "Community Association Law Summit: Top 10 Topics of 2011," on Wednesday, November 2, 2011, at the New Jersey Law Center in New Brunswick. His will present a session on "Closing and Transfer Issues."
Kenneth R. Sauter has been appointed to the Advisory Board of The Arc of Essex County for the 2011-2012 term. The Arc of Essex County has provided programs, resources, and assistance for people with intellectual and developmental disabilities, and their families, since 1948.
Rich Meisner will be the featured speaker on the topic of Section 409A of the Internal Revenue Code at an event hosted by the New York County Lawyers Association, occuring this Fall.
Matt Meyers has been appointed to the Roxbury, New Jersey, Planning Board.
Litigation partner Tom Jardim won a significant arbitration victory in June, 2011, on behalf of seven police officers of the City of Jersey City. The case garnered much attention in the press because the plaintiff claimed that he was the victim of excessive force by police officers who had taken illegal steroids and that the incident resulted from "Roid Rage" by the officers. The officers denied using any illegal steroids and contended that the plaintiff actually assaulted the officers, when they arrived at his residence to investigate a report of a burglary in progress.
The case, brought in federal court by a Jersey City resident, was removed to arbitration by agreement of the parties. After a three week arbitration, retired Judge Alvin Weiss, acting as the arbitrator in the matter, dismissed all claims against the officers. Judge Weiss also dismissed all of the claims against the City of Jersey City and Police Chief Thomas Comey, who was represented by Jersey City Corporation Counsel, William Matsikoudis.
Firm member and District X Ethics Committee Secretary, Caroline Record, recently presented two seminars on ethics topics. On March 28, 2011, "Ethics and Real Estate" was presented to The Worrall F. Mountain American Inn of Court. Topics included a general review of the ethics process; District X and statewide docketing statistics; 2009 disciplinary summaries; and advisory opinions. Ms. Record then spoke before the New Jersey Association of Legal Administrators on March 29, 2011, presenting "Attorney Ethics for the Law Firm Administrator." Topics included the ethics process; advertising; conflicts; file retention; and trust accounting.
Firm member Andrew R. Jacobs has been selected for inclusion in the 2011 edition of the New Jersey Monthly magazine's "Super Lawyers" publication, in the plaintiff's personal injury practice area. Only 5% of New Jersey's attorneys are recognized by Super Lawyers; and this is the fifth consecutive year that Mr. Jacobs has received this honor.
Kenneth R. Sauter recently presented a Community Builders & Remodelers Association Education Class. "Construction Contracts & Law" was presented on February 28, 2011. Ken instructed attendees on how well-written contracts could help to protect businesses against legal problems. Basic contract law was reviewed during the session.
Member Tom Jardim has been selected to serve on the New Jersey Committee of the Regional Plan Association (RPA). The RPA is America's oldest and most distinguished independent urban research and advocacy group. It prepares long range plans and policies to guide the growth and development of the New York / New Jersey / Connecticut metropolitan region. RPA also provides leadership on national infrastructure, sustainability, and competitiveness concerns. RPA enjoys broad support from the region's and nation's business, philanthropic, civic, and planning communities. More information on the RPA can be found by clicking here
Matt Meyers has been selected to be a speaker at an ICLE seminar on the topic of "Construction Defects." The full-day seminar will be held on June 8, 2011 at the Law Center in New Brunswick.
Matt Meyers will be a featured speaker at the 2011 Community Associations Institute (NJ chapter) Educational Series on March 24, 2011, in Monroe Township. He will be part of a panel that will present a program for community associations and property managers, entitled "Mold Remediation Issues."
New Jersey Lawyer Magazine (December, 2010) announced the "Top 25 Cases Affecting Municipal Court Practice" in New Jersey. Named as the number one case on this list was State v. Tsetsekas, 411 N.J. Super. 1 (App. Div. 2009) in which member Thomas S. Doerr and associate Katherine L. Mikalainis successfully argued that the excessive delay by the State in adjudicating DWI charges against the defendant violated the defendant's due process rights to a speedy trial.
Matthew Meyers has been selected to serve on the Community Associations Institute (CAI-NJ) 2011 Conference Seminar & Sponsorships Work Group.
Kenneth R. Sauter was a featured speaker at the New Jersey Community Associations Institute's annual Conference and Expo on October 23, 2010, at the NJ Convention and Exposition Center in Edison, NJ. His presentation, "Delinquencies: Turn Red into Black," educated community association board members and property managers of the proper action that should be taken when community fees are not paid.
Rich Meisner will be the featured speaker at the "Franchise HR Compliance Hot Topics" seminar, presented by the Women's Franchise Network on October 20, 2010, at 6:00 p.m. at Citrin Cooperman & Company in New York. Employment compliance topics will include: independent contractors versus employees; what's new and cost effective in payroll processing; new hire employment verification processes; and records retention, rules and tools. In addition, Rich will discuss the highlights of the new Healthcare Reform.
BSRJ members Matthew Meyers and Steven Rowland, working in conjunction with Lynda A. Bennett, Esq. of Herold Law, recently obtained a significant ruling from the Hon. Barry Sarkisian , J.S.C. that vacated a prior summary judgment order entered on behalf of two insurance companies in connection with defective work by the insureds at the Port Imperial condominium complex located in West New York and Guttenberg, New Jersey. Port Imperial Condominium Association, Inc., v. K. Hovnanian Port Imperial Urban Renewal Inc., Docket No. HUD-L-2054-08. Judge Sarkisian granted reconsideration and found that the general liability policies issued to contractors who worked on the project provided coverage for consequential damages even though the underlying claim was for defective workmanship.
Members Rich Meisner and Tom Jardim prevailed in a critical First Amendment case on behalf of our client, the Association of Current and Retired Livingston Auxiliary Police Officers, Inc. All of the members of the Association are current or former members of the Livingston Auxiliary Police, and were terminated from their jobs as members of the Livingston Auxiliary Police because they refused to resign from their Association (a private and charitable organization). The decision involved a Freedom of Association issue under the First Amendment of the US Constitution. Mr. Jardim argued before Judge Debevoise in the Federal District Court of New Jersey, convincing the Judge not only to provide injuctive relief, but to declare the actions of the Township of Livingston as unconstitutional. The matter was the subject of an article in the September 23, 2010, edition of the The Star Ledger and can be read by clicking here. An additional write-up in the September 23, 2010, edition of the West Essex Tribune can be found here.
Firm member Caroline Record was a featured speaker at a "Hot Topics in Real Estate Law" seminar, presented by ICLE on September 22, 2010, in New Brunswick. Ms. Record, who also serves as Secretary of the District XA and XB Ethics Committee, presented the topic of "Ethics - Real Estate Related Grievances."
Firm members, Rich Meisner and Tom Jardim represented the management of team of New Jersey-based Wheaton Industries Inc. in connection with the purchase of Wheaton by private equity investors. Our attorneys helped the management team through numerous issues relating to their equity positions and employment agreement rights. See http://www.pncequity.com/news_wheaton.html
Firm member Caroline Record has been re-elected to the Community Association Institute's Business Partners Council for a two-year period beginning January 1, 2011. The Business Partners Council performs numerous functions on the national level, relative to the CAI's Board of Trustees and Staff, including giving input on policy matters; electing business partner members for seats on the CAI Board; and making recommendations on education curriculum and best practices.
Firm member Matthew E. Meyers has been invited to be a headline speaker at the AOD 14th Annual Industry Conference in Atlanta on September 20-21, 2010, and in New Orleans on October 25-26, 2010. The topic of the conference is "Dealing with Construction and Design Defects."
Tom Jardim has been appointed as an adjunct faculty member at Seton Hall University School of Law for the 2010-11 academic year. He will be teaching Research and Writing to first year law students.
Richard Meisner assisted our clients, a group of Wall Street equity traders, in settling claims against a major Wall Street firm for inappropriately terminating their restricted stock, allegedly by reason of violations of a contractual non-compete agreement. New York law "disfavors" non-competes which allowed us to negotiate a very favorable settlement for our clients, without the need to file a law suit. See http://www.lawserver.com/law/articles/non-competition-agreements-in-new-york
Meisner also assisted our client, a senior research scientist and Ph.D., settle whistleblower "CEPA" claims and against a major international chemical company located in New Jersey. New Jersey's whistleblower protection laws are the most employee favorable in the country. See http://uhr.rutgers.edu/lr/CEPA.htm
Caroline Record was a featured speaker at the 2010 Real Estate Conference presented by the New Jersey Institute of Continuing Legal Education, on April 14, 2010, in New Brunswick. She presented a program on the topic of Residential Real Estate, specifically focusing on title and mortgage financing concerns with regard to condominiums and owners associations.
BSRJ attorney Thomas C. Jardim recently took part in an unusual "win" for efforts to prevent gun violence in New Jersey. Thanks in part to Jardim's pro bono efforts, the City of Jersey City's efforts to pass a one-gun-a-month purchase law have finally succeeded. Jersey City adopted its one-gun-a-month law in July 2007, and after it was challenged in court - and while an appeal of a lower court ruling striking down the ordinance was pending before the New Jersey Supreme Court - the New Jersey Legislature passed and Governor Jon Corzine signed into law a statewide one-gun-a-month law. After passage of the law, the New Jersey Supreme Court dismissed the appeal as moot, but at the same time the Supreme Court signaled its likely ruling on the appeal by vacating the lower court's ruling that struck down the Jersey City ordinance.
BSRJ has been appointed to act as Special Counsel to the State of New Jersey, its agencies and employees, in defense of fatal accident matters. The firm won this appointment through a qualitative-based, competitive process based upon the knowledge, experience and resources of the firm and its attorneys. BSRJ has in the past represented numerous public entities, and it currently represents both the New Jersey Turnpike Authority of the State of New Jersey, and the City of Jersey City.
