Business Counsel and Transactions

Representation of businesses and individuals with interests in privately held commercial or non-profit entities with respect to issues involving acquisitions, mergers, financing, management and compliance, including counseling and related litigation

CIVIL LITIGATION

Our practice is limited to New Jersey. We regularly litigate in all New Jersey Courts, including the Superior Court of New Jersey (Law, Chancery, and Appellate Divisions), Surrogate's Court, and the Supreme Court. We also litigate in the United States District Court for the District of New Jersey and the United States Court of Appeals for the Third Circuit. We have participated in all forms of Alternate Dispute Resolution, such as arbitration and mediation.
 

Commercial Law

 Representation with respect to rights and obligations arising out of contracts and other commercial transactions, including counseling and related litigation.

CONSTRUCTION LAW

Counseling, negotiation, and preparation of construction related contracts for owners, contractors, subcontractors, material suppliers, construction managers and design professionals. Construction Lien Law filing and claims. Resolution of construction related disputes, including mediation, arbitration, and litigation.

 We have lectured to the New Jersey Society of Professional Land Surveyors, The Construction Specification Institute ( New Jersey ) and the AIA/The Architects League of Northern New Jersey. We have also presented a Continuing Legal Education course on Construction Defect Claims under the auspices of the Insurance Society of Pennsylvania.

ENVIRONMENTAL AND TOXIC TORT

These claims have involved the defense of contractors and design professionals pursuant to pollution liability policies in cases involving property contamination, toxic exposure and/or site remediation. We have defended claims involving heavy metals (e.g. mercury and lead), petroleum products, solvents, asbestos and other toxic and hazardous substances. These cases concern the usual legal issues of contract, negligence, and professional liability, as well as the applicability of Federal and State environmental statutes (such as RCRA, CERCLA, ISRA/ECRA, and the New Jersey Spill Act) and related regulations. We have also been involved in coverage issues relating to mold and "pollution." (See also "Insurance Coverage" Practice Area).



INSURANCE COVERAGE

We have rendered coverage opinions to insur­ance carriers and litigated coverage issues on behalf of insur­ance carri­ers relating to professional liabili­ty policies, worker’s compensation policies, com­prehensive general liability policies, directors and officers policies, environmen­tal impairment liability policies, commercial auto policies, pollution liability policies, liquor liability policies , and excess policies. We have rendered coverage opinions and litigated matters involving “additional insured” coverage.

 We have defended insurers in state and federal litigation involving multi-million dollar claims arising out of environmental impairment liability (EIL) policies and pollution liability policies (PL).  These matters typically involve claims by insureds against their EIL, PL and comprehensive general liability (CGL) carriers for environmental cleanup costs undertaken by reason of USEPA or NJDEPE action.  These matters involve the full range of coverage issues relating to EIL, PL and CGL policies, such as trigger of coverage, “occurrence”, “claim first made”, “environmental impairment”, “sudden and accidental” (relating to both standard and non-standard pollution exclusions), “expected or intended”, misrepresentation by policyholder, damages, contribution/allocation among triggered policies, duty of insured to primary insurer, duty of primary insurer to excess insurer, duty of insurer to reinsurer, etc. These coverage matters have ranged in value from relatively minor amounts to claims in excess of $35,000,000.

Low Income Housing Law

 Representation of Public Housing Authority, investors and developers in connection with the development, construction, Tax Credit and other financing, management and other issues, including counseling and related litigation



Real Estate:

Representation of developers, buyers, sellers, and investors in connection with the development, purchase and/or sale of residential, multi-family and commercial real estate, including counseling and related litigation.

Personal Injury

Representation of injured persons or potentially legally liable parties with respect to claims arising out of personal injuries, including counseling and related litigation. These claims typically involve premises liability, professional liability, motor vehicle liability, products liability, and work related liability.

PRODUCTS LIABILITY

These claims have involved issues relating to the New Jersey Products Liability Act, common law products liability, and federal statutes and regulations. We have represented packagers of chemical products, and litigated numerous cases on behalf of engineers and other design professionals which have implicated products liability issues involving roofing systems, curtain-wall systems, electronic devices, concrete formulas, FRT plywood, water pipes, pre-engineered package waste treatment plants, pre-engineered laminated beams, elevators, swimming pools, as well as cases involving product related patent and copyright issues. We have represented the manufacturers of playground equipment, recreational sports equipment, medical products and devices, dental prostheses, industrial power saws, industrial power drills, heavy construction equipment, firearms and marine equipment. Damages have been sought for bodily injury, wrongful death, property damage, economic loss and punitive damages.



PROFESSIONAL LIABILITY DEFENSE

Agents and Brokers Malpractice
We have represented insurance agents and brokers (producers) with regard to miscellaneous claims generally involving failure to advise insureds of available insurance coverage, allowing gaps in coverage to exist, and placing coverage with insurers subsequently placed in rehabilitation and liquidation.

Design Professional Malpractice
These claims have involved the defense of architects, engineers (civil, electrical, mechanical, structural, environmental, and geotechnical), land surveyors, landscape architects, and construction managers. We have defended claims for damages arising out of all types of construction projects, including claims arising out of design defects, construction defects, improper project administration/supervision, delays, economic loss, RICO, consumer fraud, punitive damages, wrongful death, and personal injury. We have appeared before the State Board of Professional Engineers and Land Surveyors (New Jersey) and the State Board of Architects (New Jersey) with regard to professional licensing issues.

Legal Malpractice
These claims have involved issues relating to zoning, environmental permits, secured transactions and Uniform Commercial Code filings, statutes of limitation, failure to sue potentially liable parties, diversion of trust funds, real estate conveyancing, bankruptcy, matrimonial, bodily injury, conflicts of interest and other unethical conduct, trial attorney negligence, and similar claims. We have represented law firms of all sizes, including single practitioners and firms in excess of 110 attorneys.

Medical Malpractice
These claims have involved the defense of doctors, distributors of medical products, and other medical service providers, including not-for-profit charitable entities. Damages have been sought for bodily injury, wrongful death, and punitive damages arising out of alleged misdiagnosis, improper use of medical devices and other deviations from accepted standards of medical care.

Wills, Trusts and Estates

 Preparation of Wills and Trusts; counseling regarding estate planning and business succession; Probate proceedings and related litigation including representation of fiduciaries, beneficiaries, and heirs.

Zoning and Planning

Representation in connection with applications and appearances before municipal and other government agencies, including counseling and related litigation