Case Development - Deutsch v. ZST Digital Networks Heats Up With Asset Hunt, Alleged "Go Dark" Efforts

Fri, 17 May 2013 -400

In a continuation of the ongoing media coverage surrounding Deutsch v. ZST Digital Networks, Inc., (ZSTN)--- a Delaware Chancery Court case of first impression --- Growth Capitalist Investor reported on May 16, 2013 about a successful asset hunt and a scuttled "go dark" buyout scheme.

Authored - NJ Contract Law Update - A Helpful Guide to Important Contract and Quasi-Contract Issues

Thu, 16 May 2013 -400

Stockroom v. Dydacomp Development Corp. ___ F.Supp.2d__, 2013 WL 1758365 (D.N.J. April 24, 2013), is instructive in numerous regards:

1. It explains that equitable tolling (based upon fraudulent concealment, the most frequent variant thereof) requires:

a. an "over[t] trick[]...

Deal Announcement - Acquisition of Newark's Hahnes Department Store is Completed

Mon, 13 May 2013 -400

Windels Marx was engaged by a group of several regional real estate developers for the acquisition of the former Hahnes department store on Broad Street in Newark, NJ. A contract with the seller was entered in early April 2013 and the closing was completed on May 8, 2013.

Built in 1911 as t...

Case Development - Matt Daus, Windels Marx and IATR Block Uber and Other Rogue Apps in Maryland

Mon, 13 May 2013 -400

Matt Daus (Partner, New York) and Jasmine LeVeaux (Associate, New York), successfully represented the International Association of Transportation Regulators ("IATR...

Authored - NJ Contract Law Update - Arbitration Waiver Will Not Be Lightly Found

Fri, 10 May 2013 -400

In Lerner v. Heidenberg, ___ N.J.Super ___ 2013 WL 1830808 (N.J.App.Div. May 2, 2013), the Appellate Division agreed with the trial court that the following conduct did not constitute a waiver of the defendants' right to seek arbitration:

Not objecting in the first instance t...

Article - Pat Russo Talks Taxi Laws

Fri, 10 May 2013 -400

On Saturday, May 4, 2013, Pat Russo (Special Counsel, New York) appeared on the "La Voz Del Volante Radio Show" on Radio WADO, 1280 AM. The show is hosted by Fernando Mateo and Jose Viloria, founders of the New York State Federat...

Authored - NJ Contract Law Update - Breach of Contract Claim Can Also Entail Copyright and Joint Venture Issues

Thu, 02 May 2013 -400

Bradshaw v. American Institute for History Education, 2013 WL 1007219 (D.N.J. March 13, 2013), involved a failed "project" that entailed an employment arrangement; The nature of the overall intended business relationship between the parties was not detailed in the Court's Opinion. Howeve...

Case Development - Clark Alpert, Robert Schwartz and David Butler Resolve Shareholder Litigation to Preserve Merger of New Jersey Banks

Wed, 01 May 2013 -400

In Higginbottom v. Somerset Hills Bank et al., Docket No. SOM-C-12006-13, Clark Alpert (Partner, Madison), with the assistance of Robert Schwartz (Partner...

Deal Announcement - Sanofi-Aventis Campus Deal Reaches Finish Line On Tight Timetable

Fri, 26 Apr 2013 -400

Windels Marx was engaged by a newly formed joint venture, comprised of affiliates of Advance Realty Group, a long-time client of the Firm, and a Boston-based real estate investment firm, formed for the acquisition of the former Sanofi-Aventis research and development campus in Bridgewater, New Je...

Deal Announcement - Bruce Bronster, Dalila Best and Rob Wilk Represent Noted New Yorker in Conveyance of Luxury Mid-Town Manhattan and Nationwide Real Estate Investment Assets

Fri, 26 Apr 2013 -400

Bruce Bronster (Partner, New York), Dalila Best and Rob Wilk (Associates, New York) negotiated...

Authored - NJ Contract Law Update - Contracts Involving Ocean Transit of Goods Require Analysis of Federal Law

Wed, 24 Apr 2013 -400

United Arab Shipping Co. v. Transworld Logistics Group, 2013 WL 845386 (N.J.App.Div. 2013), highlights the fact that when dealing with goods being shipped by ocean transit, the parties and their counsel must consult federal law in conjunction with the transaction and the resulting litiga...

Event - Karl Piirimae Speaks on Green Building and Alternative Energy Strategies at Real Estate Conference

Fri, 19 Apr 2013 -400

Karl Piirimae (Partner, New Brunswick) participated in the New Jersey Institute for Continuing Legal Education's "2013 Real Estate Conference" on April 17th.

Karl's presenta...

Authored - NJ Contract Law Update - In Sophisticated Residential Transaction, Buyer Held to His Own Due Diligence--and to Prove Materiality of a Representation Rising At Least to the Level of Causation

Fri, 19 Apr 2013 -400

In Viglione v. Frisina, ___ N.J.Super. ____, 213 WL 1457581 (App.Div. April 11, 2013), the Appellate Division upheld a jury award, supplemented by certain trial-court rulings, that led to the following results:

1. Where (a) conversations were either ambiguous or disputed, (b) the ...

Announcement - Tony Coscia Elected Chairman of United Water

Thu, 18 Apr 2013 -400

Tony Coscia (Partner, New Brunswick) was elected Chairman of United Water's Board of Directors on April 17, 2013. United Water, headquartered in Harrington Park, NJ, is...

Case Development - Clark Alpert, David Butler and Jeremy Weiss Succeed in Health Law Litigation

Thu, 18 Apr 2013 -400

In Gerges et al, v. Internal Medicine Consultants, et al., Clark Alpert (Partner, Madison), assisted by David Butler and Clark Alpert (Partner, Madison), assisted by Bruce Bronster, Delton Vandever and Matt Friedenberg obtained a victory in court when a New Yor...

Announcement - Windels Marx Welcomes New Partner, Paul Shur, and Special Counsel, James Dempsey

Mon, 15 Apr 2013 -400

Windels Marx is pleased to announce that Paul H. Shur has joined the firm as Partner, resident in the New York office. James A. Dempsey has also joined the firm ...

Deal Announcement - Kevin McNamara, Howard Lakind and Patrick Deyhle Close Large Financing for Prominent National Bank

Thu, 11 Apr 2013 -400

Kevin McNamara, Howard Lakind and Patrick Deyhle represented a prominent national bank, serving ...

Authored - NJ Contract Law Update - Seller Overcomes Missing Documentation to Recover for Goods, Special Orders, Finance Charges, and Attorneys Fees, But Not Collateral Storage Charges

Thu, 11 Apr 2013 -400

H.H. Hankins & Bro. v. Edgewood Properties, Inc., ____ N.J.Super. ___, 2013, WL 1092134 (N.J.App.Div. March 18, 2013), involved the prosaic issue of unpaid invoices for construction goods delivered. The interesting elements of the case were as follows:

The seller was able ...

Case Development - Bruce Bronster and David Graff Prevail on Complex Turnover Petition for Client

Wed, 10 Apr 2013 -400

On April 5, 2013, Bruce Bronster (Partner New York) and David Graff (Special Counsel New York) prevailed on a complex multi-million dollar turnover petition on be...

Case Development - Bruce Bronster, Michael Resnikoff, and Josef Abt Obtain Win for Clients in Kings County Supreme Court

Wed, 10 Apr 2013 -400

On April 5, 2013, Bruce Bronster, Michael Resnikoff and Josef Abt obtained a win for clients Fir...

Deal Announcement - Mike Moriarty and Rob Wilk Facilitate "Win-Win" Result in $43 Million Loan Workout

Wed, 10 Apr 2013 -400

Mike Moriarty (Partner, New York) and Rob Wilk (Associate, New York) represented a national financial institution in the negotiation and closing of a $43 million ...

Authored - Real Estate Tax Abatements and Coops/Condos

Tue, 09 Apr 2013 -400

There has been considerable discussion in various publications of the impact of a recently enacted change in the law relating to real estate taxes assessed on co-op corporations and their shareholders. This has generated numerous inquiries from clients seeking explanation. Because my practice inc...

Announcement - Bruce Bronster Elected to National Tax Lien Association Board of Directors

Thu, 04 Apr 2013 -400

Bruce Bronster (Partner, New York) won a run-off election for the final seat on the National Tax Lien Association (NTLA) Board of Directors. Board members will be sworn in at the NTLA's

Authored - NJ Contract Law Update - Interplay Among Issues of Contractual Illegality, Unclean Hands and Unjust Enrichment

Fri, 29 Mar 2013 -400

Meadowbrook Industries, LLC v. Walker Management Systems, Inc., 2013 WL 791216 (N.J.App.Div. March 5, 2013), presents the following interesting facts:

There was a sale of assets (including commercial and government contracts and arrangements) between two solid waste collection...

Authored - Ruling on NJ DEP Waiver Rule 'Guidance'

Wed, 27 Mar 2013 -400

The Appellate Division of the New Jersey Superior Court has affirmed a trial court ruling upholding the DEP's "Waiver Rule" under which the DEP is authorized to waive the application of its own rules. See In re N.J.A.C. 7:1B-1.1 et seq., No. A-3514-11 and A-4098-11(consol.), slip op. (N....

Case Development - Bruce Bronster and David Graff Prevail on Issue of First Impression in Delaware Chancery Court

Thu, 21 Mar 2013 -400

Bruce Bronster (Partner, New York) and David Graff (Special Counsel, New York) prevailed on an issue of first impression in the Delaware Court of Chancery. The Co...

Authored - NJ Contract Law Update - "Floating" Forum Selection Clauses

Thu, 21 Mar 2013 -400

When entering into a contract where an assignment is foreseeable--such as an equipment lease or banking transaction--can the bank or leasing company require the obligee to submit to litigation (or presumably arbitration) in an unknown forum--such as in the case of Professional Solutions v. Cr...

Case Development - Bruce Bronster, Rob Wilk and Team Secure Win for Client in New York State Supreme Court Case of First Impression

Wed, 20 Mar 2013 -400

Bruce Bronster (Partner, New York), Rob Wilk (Associate, New York) and team, including Matt Friede...

Announcement - Tony Coscia Elected as Amtrak Chairman

Mon, 18 Mar 2013 -400

Tony Coscia (Partner, New Brunswick) was elected Chairman of Amtrak's Board of Directors on March 18, 2013. He succeeds Thomas Carper, whose term expires this month.
Upon being selected, Tony said:
"It is an hono...

Article - Reuters Reports on Case of First Impression Pursued by Bruce Bronster and David Graff

Fri, 15 Mar 2013 -400

In a March 15th article entitled "Though bankrupt, China Medical's solvency a point of dispute", Reuters News reported on a case of first impression purs...

Article - Denver Business Journal Quotes Matt Daus on Taxi App Regulation Proposal

Fri, 15 Mar 2013 -400

Matt Daus was quoted in a March 11th Denver Business Journal article after testifying at a Colorado Public Utilities Commission on proposed transportation rule changes. Matt, president of the International Association of...

Announcement - Rob Brusco Rejoins Windels Marx as Partner

Thu, 14 Mar 2013 -400

We are pleased to announce that Rob Brusco (New York) has rejoined the firm as partner. Rob, a returning alumnus of Windels Marx (1997 to 2004), is a real estate professional with over 20 years of experience and strong industry r...

Event - John Kriz to Present Guest Speaker at Public Policy Lecture

Thu, 14 Mar 2013 -400

John Kriz (Counsel, New York) will be presenting guest speaker Suzanne Nossel at the Fourth Annual Seligmann Public Lecture on Governance at the Harvard Club of New York City on Mar...

Authored - NJ Contract Law Update - Overriding Purpose of a Contract Clause Helps Determine Whether an Ambiguity Exists, and the Meaning of the Ambiguity

Wed, 13 Mar 2013 -400

In R.J. Brunelli & Co., Inc. v. Briad Development East, LLC, 2013 WL 490177 (N.J.App.Div. Feb. 11, 2013), a case involving a significant real-estate commission, the Court reversed a trial-court holding--even though there were embedded fact findings from a bench trial, entitled to...

Article - Chris Nucifora Recognized in New Jersey Law Journal's "New Partners Yearbook 2013"

Mon, 11 Mar 2013 -400

Chris Nucifora (Partner, Madison) was listed in the "New Partners Yearbook 2013", the New Jersey Law Journal's annual publication highlighting new partners at law firms with a New Jersey presence.
Chris joined Windels Marx ...

Case Development - Bruce Bronster and David Graff Secure Favorable Order for Client in New York Supreme Court Case

Fri, 08 Mar 2013 -400

On March 4, 2013, Bruce Bronster (Partner, New York) and David Graff (Special Counsel, New York) obtained a win for our client W.J. Deutsch & Sons, Ltd. in Ne...

Case Development - Bruce Bronster and David Graff Secure Win for Client in Delaware Chancery Court Case of First Impression

Fri, 08 Mar 2013 -400

On January 31, 2012, Bruce Bronster (Partner, New York) and David Graff (Special Counsel, New York) successfully caused the Delaware Chancery Court to issue an Or...

Case Development - Bruce Bronster and David Graff Win Oral Argument in New York State Supreme Court Case

Fri, 08 Mar 2013 -400

On March 6, 2013, Bruce Bronster (Partner, New York) and David Graff (Special Counsel, New York) won an oral argument in New York State Supreme Court successfully...

Deal Announcement - Mike Moriarty, Lenny LaBarbiera, Jeanine Margiano and Chris Dean Secure $35 Million in Tax-Exempt Bonds for Construction of Assisted Living Facility

Fri, 08 Mar 2013 -400

Mike Moriarty (Partner, New York), Lenny LaBarbiera (Special Counsel, New Brunswick), Jeanine Margi...

Case Development - Rob Wilk and Taila Martin Win Dismissal of Complaint Brought Against Large Northeast Bank

Fri, 08 Mar 2013 -400

Rob Wilk (Associate, New York) and Taila Martin (Associate, New York) obtained the dismissal of an action brought against one of the northeast's largest banks. <...

Authored - NJ Contract Law Update - Another Risk of Enforcing a Governmental Contract: Potentially Violating the Bidding Statutes

Wed, 06 Mar 2013 -400

Coactiv Capital Partners v. Englewood Housing Authority ("EHA"), 2013 WL 512348 (N.J.App.Div. February 13, 2013), reflects the a fortiori risks of dealing with governmental contracts when there is also a public bidding framework underlying the contract. Moreover, Co...

Authored - NJ Contract Law Update - The Intersection of Arbitration Law and the Consumer Fraud Act

Fri, 01 Mar 2013 -400

In Harrison v. Jones, ___ N.J.Super. ___, 2013 WL 451991 (N.J.App.Div. Feb. 7, 2013), the Court issued an Opinion that addressed the intersection of arbitration law and the New Jersey Consumer Fraud Act ("CFA"). While the essence of the Opinion involved deference to arbitration decisions...

Authored - Scott Matthews Authors Chapter on Employment Law in 2013 for "Inside the Minds" Series

Thu, 21 Feb 2013 -400

Scott Matthews (Partner, New York) authored a chapter entitled "What the Significant Developments o...

Article - Charles Hamilton Quoted by DNAinfo.com on Harlem Redevelopment Plan

Tue, 19 Feb 2013 -400

DNAinfo.com quoted Charles Hamilton (Senior Counsel, New York) in a February 19, 2013 article entitled Bruce Bronster (Partner, New York), Rob Wilk (Associate, New York), and Gary Finiguerra
(...

Authored - NJ Contract Law Update - Equitable Fraud Sub Silentio

Tue, 12 Feb 2013 -400

In Luna v. Salvio, 2012 WL 65542234 (N.J.App.Div. Dec. 17, 2012) -- although occurring in the sometimes sui generis context of residential tenancies--actually provides a small 'window' into the infrequently utilized concept of equitable fraud. Luna also involves the ano...

Article - New York Times Quotes Matt Daus on Legal Challenge to NYC's 'Taxi of Tomorrow'

Mon, 11 Feb 2013 -400

The New York Times quoted Windels Marx partner Matt Daus in a February 10, 2013 article entitled "Doubting ...

Case Development - Bob Schwartz, John Bitar, Greg Krauss Counsel Bank's Switch to New Jersey State Charter

Mon, 11 Feb 2013 -400

Bob Schwartz (Partner, New Jersey), John Bitar and Greg Krauss (Associates, New Jersey) are serv...

Article - Brooklyn Daily Eagle Quotes Pat Russo on Bay Ridge Lawyers Association's CLE Program

Thu, 07 Feb 2013 -400

The Brooklyn Daily Eagle quoted Pat Russo (Special Counsel, New York) in a January 31, 2013 article profiling the Bay Ridge Lawyers Association's continuing legal education p...

Authored - NJ Contract Law Update - This Time, an Alleged Oral Modification of a Formal Contract is Defeated by Summary Judgment

Tue, 05 Feb 2013 -400

In a December 2012 New Jersey Appellate Division decision, the Court rejected an undocumented attempt at establishing an oral agreement that purportedly modified an original writing and a written modification. Unlike the results in cases such as Pinecrest Village (please see my Article o...

Authored - NJ Contract Law Update - Even An Uncounseled Release May Be Enforceable

Thu, 31 Jan 2013 -400

In Beneventine v. Siemens Hearing Instruments, Inc., 2012 WL 6554264 (N.J.App.Div. Dec. 17, 2012), the Court enforced an uncounseled release for a relatively limited amount--even though by signing the release, the releasor/former employee may have inadvertently waived much more than the ...

Deal Announcement - Dan Pocchiari, Rob Wilk Counsel on $36 Million Financing of Assisted Living Facility

Wed, 30 Jan 2013 -400

Dan Pocchiari (Special Counsel, New York) and Rob Wilk (Associate, New York) were New York real estate counsel to a national provider of financing for public and...

Authored - NJ Contract Law Update - Finding Pacifico

Mon, 28 Jan 2013 -400

Trico Equipment, Inc. v. Ellsee Construction Co., L.L.C., ___ N.J.Super. ___, 2012 WL 6600319 (N.J.App.Div. Dec. 19, 2012), first presents us with a number of interesting features--but then concludes us with the anomaly of an appellate court overlooking controlling New Jersey Supreme Cou...

Authored: Charles Damato and Katy Finch Author Property Tax Assessment Articles

Thu, 24 Jan 2013 -400

Charles Damato and Katy Finch co-authored articles in the following prominent New York-area real estate publications:
Ed Shea (Counsel, New York) authored an article entitled "OSHA's Hazard Communication System Is Becoming A Globally...

Authored - Ed Shea Pens Article on Expanded OSHA Requirements for Bloomberg BNA

Wed, 23 Jan 2013 -400

Ed Shea (Counsel, New York) authored an article entitled "Expanded Requirements for Hazard Identification and Evaluation in OSHA's New Hazard Communication System Regulations" for Bloomberg BNA.
The article provides an in-d...

Authored - NJ Contract Law Update - Arbitration Clause Ostensibly Applicable to Components of Transaction May Not Apply to Master Agreement

Wed, 23 Jan 2013 -400

In Marjam Supply Co., Inc. v. Columbia Forest Products Corp., 2012 WL 6195803 (N.J.App.Div. Dec. 13, 2012), the Court held that notwithstanding state and national policies strongly favoring arbitration, the parties to a 'master agreement' could not be compelled to arbitrate where that ag...

Authored - NJ Contract Law Update - Can Parties Agree to Waive the Right to Appeal From an Arbitration Award?

Fri, 18 Jan 2013 -400

In Cozzolino v. Cozzolino, 2012 WL 6097090 (N.J.App.Div. Dec. 10, 2012)--a corporate (not matrimonial) dispute--the Court affirmed the principle that parties clearly so agreeing can waive the right to appeal an arbitration decision, certainly beyond the decision by a trial-level court wh...

Deal Announcement - Rob Rossi, Richard Zoffinger and Gary Finiguerra Represent Real Estate Investment Advisory Firm in Three Joint Ventures

Wed, 16 Jan 2013 -400

Rob Rossi, Richard Zoffinger and Gary Finiguerra recently represented a real estate investmen...

Authored - NJ Contract Law Update - Strong Justice Against Diversion of Funds Under "First Material Breach" Doctrine

Wed, 16 Jan 2013 -400

In Peek v. Johl & Co., Inc., 2012 WL 6115678 (N.J.App.Div. Dec. 2012), the Court applied the doctrine of "first material breach" to impose strong justice upon a contracting party (the seller) who had agreed to split certain commissions with the buyer 50/50 in connection with the sale...

Authored - NJ Contract Law Update - A Strong Vote For the Parol Evidence Rule

Mon, 14 Jan 2013 -400

In Vigneri v. Point Pleasant Bd. Of Ed., 2012 WL 6061680 (N.J.App.Div. Dec. 7, 2012), the Court vigorously applied the parol evidence rule. The plaintiff had attempted to vary the terms of her written employment agreements, each specifying a salary, by importing "discussions that she all...

Article - NJBiz Names Tony Coscia Among "25 Legends"

Mon, 14 Jan 2013 -400

To mark its 25th year, in December 2012 NJBiz published a special edition magazine that highlighted the people and developments in New Jersey from the last quarter-century.
In 'Legendary Le...

Authored - NJ Contract Law Update - Under a Broad Arbitration Clause, Everything Except the Validity of That Clause is Arbitrable

Fri, 11 Jan 2013 -400

In Nitro-Lift Technologies, L.L.C. v. Howard, ___ U.S. __, __ S.Ct. __ 2012 WL 5895686 (Nov. 26, 2012), the United States Supreme Court reaffirmed the law that in the face of a broad arbitration clause, the court should step back and decide only the validity of the arbitration clause its...

Authored - NJ Contract Law Update - Consumer Contracts May Not Be Enforceable Where Commercial Contracts Might Otherwise Be

Wed, 09 Jan 2013 -400

In Home for the Armenian Aged, Inc. v. Symeonidis, 2012 WL 5834373 (N.J.App.Div. Nov. 19, 2012), the Court held unenforceable an ostensibly unambiguous contract rendering the defendant Symeonidis personally liable for the nursing-home cost of a non-relative patient for whom Symeonidis wa...

Authored - NJ Contract Law Update - Court Allows Good Deed to Go Unpunished

Mon, 07 Jan 2013 -400

In Skylands Sadderly v. Haggerty, ____ N.J.Super. ____, 2012 WL 5372128 (App.Div. 2012), the Court decided not to 'punish' a saddle company--which had agreed to "a few more days" for return of a saddle by a customer (with a refund)--by adding an additional period of time to the ...

Case Development - Bruce Bronster, Michael Resnikoff and Josef Abt Successfully Counsel NYCTL 2009-A Trust in Real Property Tax Lien Foreclosure Action

Fri, 04 Jan 2013 -400

Bruce Bronster (Partner, New York), Michael Resnikoff (Special Counsel, New York) and Josef Abt ...

Authored - NJ Contract Law Update - How to Violate an Express Warranty With "Dead Toes"

Fri, 28 Dec 2012 -400

Promotion in Motion, Inc. v. Beech-Nut Nutrition Corp., 2012 WL 715114 (D.N.J. 2012), involved allegedly-defective "gummy fruit snacks" named "Fruit Nibbles", manufactured by plaintiff "PIM". Leaving aside the procedural issues in the case, the facts were simple:
1. The Purchase Or...

Deal Announcement - Karl Piirimae Represents Global Pharmaceuticals Company in Acquisition of Immunotherapy Manufacturing Facility

Fri, 21 Dec 2012 -400

Karl Piirimae (Partner, New Jersey and New York) represented Novartis Pharmaceuticals Corporation in the real estate aspects of its acquisition of a 173,000 square foot immunotherapy manufacturing facility in Morris Plains, New J...

Article - Crain's Quotes Matt Daus on NYC "Taxi of Tomorrow" Contract Dispute

Tue, 18 Dec 2012 -400

Crain's New York Business quoted Matt Daus in a December 14, 2012 article entitled "Liu puts the brakes o...

Authored - Clark Alpert's Article on Economic Loss Doctrine Published by New Jersey Lawyer Magazine

Tue, 18 Dec 2012 -400

Clark Alpert (Partner, Madison) authored an article entitled "The Economic Loss Doctrine in New Jersey -- An Erie State of Uncertainty" for the December 2012 issue of New Jersey Lawyer Magazine.
New Jersey S...

Case Win - Complete Monetary Recovery on Defaulted Loan Facilitated by Mike Moriarty and Rob Wilk

Mon, 17 Dec 2012 -400

Mike Moriarty (Partner, New York) and Rob Wilk (Associate, New York), representing a national financial institution, assisted in obtaining the swift payment-in-fu...

Deal Announcement - Jim Thomas, Wayne Cook, Robert Rossi and Team Represent Joint Venture in $230 Million Construction Loan for High-End Condominium

Fri, 14 Dec 2012 -400

Jim Thomas, Wayne Cook and Robert Rossi (Partners, New York) together with Wayne S. Cook Jr. (Partner, New York) and Gary Finiguerra (Associate, New York) closed a deal representing a real estate investor in a hotel management agreement ...

Authored - NJ Contract Law Update - Formalities Count When Transferring Stock as Part of a Contract

Tue, 11 Dec 2012 -400

In Acquaviva v. DiMisa, ___ N.J.Super. ___, 2012 WL 4935276 (N.J.App.Div. Sept. 25, 2012), the Court emphasized some of the formalities necessary to effectuate the transfer of an interest in securities. That case arose in a collection context, with a contract/transaction background.
...

Authored - NJ Contract Law Update - Arbitration Waiver: A Primer

Fri, 07 Dec 2012 -400

One of the most sui generis areas of contract law¹ is arbitration. Arbitration is the product of agreement; and yet the statutory and common law on the issue, both state and federal, is highly complex. (Consider, by way of example only, the statutory and case law arising under...

Case Development - Bruce Bronster, Matt Friedenberg and Rob Wilk Counsel Mortgage Loan Servicer in High Profile Mortgage Foreclosure Action

Thu, 06 Dec 2012 -400

Bruce Bronster (Partner, New York), Matt Friedenberg (Associate, New York), and Rob Wilk (Asso...

Authored - NJ Contract Law Update - Contract Applicators v. Park Ridge: Sui Generis Contract Issues Involving Government and Construction

Mon, 26 Nov 2012 -400

In Contract Applicators, Inc. v. Borough of Park Ridge, 2012 WL 4490665 (Oct. 2, 2012), the Court dealt with multiple sui generis areas of contract law: bidding, contracting with the government, and construction contracts. The Court also dealt with the issue of "apparent authority".^...

Announcement: New York City Releases 2012-2013 Real Estate Tax Rates

Tue, 20 Nov 2012 -400
Residential Rates Decline. Commercial Rates Increase.
The City of New York this week released the new real estate tax rates for 2012-13, which are effective as of July 1, 2012 and will expire on June 30, 2013.
The average new 2012-13 rates are as follows:
Class 1 - 1 to 3 family residential - 18.569%
Class 2 - 4 or more fami...

Announcement - Windels Marx Commences A Periodic Business Update on Post-Hurricane Sandy Developments

Fri, 16 Nov 2012 -400

Get the November 16, 2012 alert.
Hurricane Sandy cut a broad swath of disruption and destruction through communities, businesses and lives. As a result, we are in the midst of an unpreceden...

Article - Wall Street Journal Quotes Matt Daus on Taxi App Regulation Proposals

Fri, 16 Nov 2012 -400
Matt Recently Published "Proposed Model Regulations for Smartphone Applications in the For-Hire Industry"
The November 15th edition of The Wall Street Journal quoted Matt Daus (Partner, New York) in an article entitled
Wed, 14 Nov 2012 -400

Matt Daus (Partner, New York) and Windels Marx authored a report entitled Rich Crooker (Partner, Madison) was selected to present on a webinar entitled "Hurricane Sandy Aftermath - Environmental Compliance and Insurance Issues". The webinar, hosted by West LegalEdcenter, is on November 16, 2012 at 12:00...

Case Development - Rob Wilk Wins $364 Million Judgment for European Financial Institution

Tue, 13 Nov 2012 -400

Rob Wilk (Associate, New York) represented National Asset Loan Management Limited, a subsidiary of Ireland's National Asset Management Agency, in the New York Supreme Court and obtained the entry of a $364 million judgment agains...

Authored - NJ Contract Law Update - 'Where To Sue' (Redux)

Tue, 06 Nov 2012 -400

Stan v. Smith, 2012 WL 4490560 (N.J.App.Div. Sept. 19, 2012), dealt with the question of personal jurisdiction arising out of a contract. In this case, the facts and resolution were simple.
The Stans had purchased a New Jersey home from the Smiths. The Smiths then moved to Florida....

Regulatory Update - NJEDA Has Begun Its Competitive Solicitation Process for the Residential Urban Transit Hub Tax Credit Program

Fri, 26 Oct 2012 -400
Client Alert for Developers and Redevelopers
View the client alert.
Following suspension of the residential and mixed-use components of the New Jersey Economic Development Authority's (NJEDA) Urban Transit Hub Tax Credit (UTHTC) program last February, the ...

Authored - Michael Clain Authors "Ocean Fright: Financing Goods In Transit Covered By Sea Waybills" for the BNA Banking Report

Fri, 26 Oct 2012 -400

Michael Clain (Partner, New York) authored an article entitled "Ocean Fright: Financing Goods In Transit Covered By Sea Waybills" for the October 2012 edition of BNA's Banking Report (Melissa Jenkins
Matter Communications
Tel: 978.499.9250 x242
Cell: 978.853.4166
melissa@matternow.comLianne Cospito...

Deal Announcement - Eric Cohn Advises Financial Institution on its Cincinnati Headquarters

Fri, 19 Oct 2012 -400

Eric Cohn (Special Counsel, New Brunswick) represented a financial institution in negotiating and documenting a 140,000 square foot lease. The building will serve as the client's Cincinnati, OH headquarters. The lease was complex ...

Authored - NJ Contract Law Update - Fusaro and Rutigliano: (1) A Contract Can Arise in a Non-Contract Setting; and (2) How Do You Enforce A Mediated Settlement?

Thu, 18 Oct 2012 -400

Fusaro
Fusaro v. Fusaro, ___ N.J.Super. __, 2012 WL 4475440 (N.J.App.Div. 2012), illustrates how a contract can arise in a non-contract setting. Specifically, when a matrimonial or other case proceeds to an ostensible settlement, the issue becomes one of c...

Article - Crain's Quotes Matt Daus, Cites Windels Marx's Work on Taxi App Recall

Thu, 18 Oct 2012 -400
Daus Calls App Shutdown "Matter of Justice"
The October 17th, 2012 edition of Crain's New York Business quoted Matt Daus (Partner, New York) on the recall ...

Case Development - Craig Murphy and John Holden Win Case for Global Financial Institution in Tokyo Real Estate Dispute

Wed, 17 Oct 2012 -400

Craig Murphy and John Holden (Partners, New York) successfully represented the estate of a large global financial institution in two arbitrations and related litig...

Authored - NJ Contract Law Update - Facial Ambiguity Gives Way to Common Sense

Tue, 09 Oct 2012 -400

In 2000 Clements Bridge, LLC v. OfficeMax North America, Inc., 2012 WL 3600285 (D.N.J. August 21, 2012)--referred to below as "OfficeMax"--the Court overrode an obvious linguistic ambiguity in favor of common sense. The Court's common sense extended to even disregarding a conces...

Event - Rick Bier to Speak at National Business Institute on December 17th

Tue, 09 Oct 2012 -400

Rick Bier (Partner, New York) was selected to speak at the National Business Institute on the topic of "Helping Your Client Buy or Sell a Small to Medium Size Business".
The...

Deal Announcement - Mike Moriarty, Dan Pocchiari and Rob Wilk Close $168 Million Loan for International Business Company in International Gem Tower Deal

Mon, 08 Oct 2012 -400

Mike Moriarty (Partner, New York), Dan Pocchiari (Special Counsel, New York) and Rob Wilk (Ass...

Authored - NJ Contract Law Update - Radiant v. Cargo Warehouse: What To Do When (1) An Informal Arrangement Becomes Operational, And (2) Agreements Overlap

Fri, 05 Oct 2012 -400

Radiant Global Logistics, Inc. ("Radiant") v. Cargo Warehouse Distribution Services, Inc. ("Cargo"), 2012 WL 3791557 (N.J.App.Div. Sept. 4, 2012), involved a relationship between (1) a publicly-traded freight-forwarding company, and (2) entities appointed by Radiant that seem to have bee...

Authored - NJ Contract Law Update - Contractual Attorneys Fees: When To Appeal

Wed, 03 Oct 2012 -400

Let's say your contract has an attorneys fee provision, and you suffer an adverse ruling in litigation on that issue (potentially including quantum of fees). In Central Pension Fund v. Ray Haluch, --- F.3d ---, 2012 WL 3984621 (1st Cir. Sept. 12, 2012), the First Circuit weighed in on on...

Case Development - David Graff Successfully Defends CEO in Case with Issues of First Impression

Mon, 01 Oct 2012 -400

David Graff (Associate, New York) successfully defended the CEO of an international manufacturer, distributor, and marketer of infant products against a multi-million dollar class action lawsuit advancing myriad type securities f...

Authored - NJ Contract Law Update - Besler v. Coluccio: Forum Selection Clause

Mon, 01 Oct 2012 -400
Windels Marx - Commercial Litigation
Belser v. Coluccio, 2012 WL 3822090 (N.J.App.Div. September 2012), illuminates a particular type of contract provision: the forum selection clause. Such clauses are part of the matrix of pre-determining whether disputes that may arise under a contract should proceed in court or in arbitr...

Article - The Epoch Times Quotes Matt Daus on Taxi App Regulations

Tue, 25 Sep 2012 -400

The September 23rd, 2012 edition of The Epoch Times quoted former NYC Taxi and Limousine commissioner Matt Daus (Partner, New York) in an article entitled Bruce Bronster, Christopher Chin and David Graff recently represented the acquiror, a prominent...

Authored - NJ Contract Law Update - Some Types of Contracts Are Sui Generis

Mon, 24 Sep 2012 -400

Do v. Nguyen, 2012 WL3628784 (N.J.App.Div. August 24, 2012), is of interest to the contract-law practitioner primarily because it highlights the fact that certain types of agreements are sui generis...

Announcement - Pat Russo to Become President of Bay Ridge Lawyers Association

Mon, 24 Sep 2012 -400

Pat Russo (New York, Special Counsel) will be sworn in as President of the Bay Ridge Lawyers Association on September 26, 2012. See news coverage via the Suarez v. Eastern International College, 2012 WL 3600003 (N.J.App.Div. August 20...

Article - Wall Street Journal Quotes Matt Daus on Taxi Apps, Cites Windels Marx's Work With Regulators

Fri, 21 Sep 2012 -400

The September 21, 2012 edition of The Wall Street Journal quoted Matt Daus (Partner, New York) on taxi smartphone application regulations.
As stated in the article, "Technology is moving at lightning speed," and the regulato...

Event - Rob Wilk to Speak at NYSBA's "Mortgage Foreclosures and Workouts" Program on December 11th

Thu, 20 Sep 2012 -400

Rob Wilk (Associate, New York) was selected among leading practitioners to speak at a New York State Bar Association CLE program entitled "Mortgage Foreclosures and Workouts".
Rob's section, "Mortgage Loan Workouts and Rela...

Event - Matt Daus to be Sworn in as COTA Chairman at September 21st Inaugural Event

Wed, 19 Sep 2012 -400

On September 21st, Matt Daus (Partner, New York) will be sworn in as Chairman and President of the Coalition of Transportation Associations (COTA) at its Inaugural Event and Conference. COTA...

Authored - NJ Contract Law Update - Alter Ego Isn't So Easy

Wed, 19 Sep 2012 -400

Let's say that you believe the entity that owes your client money on a contract is insolvent, or perhaps it has gone bankrupt. Can you sue the owner of the company? In Transmodal Corp., v. EMH Associates, Inc., 2010 WL 3937042 (D.N.J. 2010), the Court emphasized the need for specific pro...

Authored - NJ Contract Law Update - An Opinion With Many Twists And Turns

Mon, 17 Sep 2012 -400
Clark Alpert Explores AJR Commercial Realty Inc. v. Bussel Realty Corp.
AJR Commercial Realty Inc. v. Bussel Realty Corp., 2012 WL 3166620 (N.J.App.Div. August 7, 2012), is like a short story, with twists and turns making it hard to predict the outcome. The key issue was whose responsibility it was to provide the information in question; the answer, as it tu...

Authored - NJ Contract Law Update - Supreme Security v. Aaron Medical: (1) Liquidated Damages, and (2) Lost-Volume Sellers

Tue, 11 Sep 2012 -400

Supreme Security Systems v. Aaron Medical Transportation, 2012 WL 2923299 (N.J.App.Div. July 19, 2012), is instructive in two different respects:
1. The Court explored jurisprudence involving the distinction between liquidated damages and a penalty. Probably the most compelling fac...

Authored - NJ Contract Law Update - Contract-Substitute Claims Forbidden Where Contract Clearly Pleaded

Wed, 05 Sep 2012 -400

In SDC Information Services, Inc., v. Intelligroup, Inc., 2012 WL 2119156 (D.N.J. June 11, 2012), the Court precluded contract-substitute claims¹ where "the entire Complaint rests upon the existence of express contractual duties." First, the Court dismissed the claim for unjus...

Authored - NJ Contract Law Update - Finessing Severability

Thu, 30 Aug 2012 -400

Control Screening v. Technological Application, _ F.3d _, 2012 WL 3037842 (3d Cir. 7/26/12), is notable for rulings on several issues, including arbitratability and in personam jurisdiction. This article focuses on one additional aspect of the case: severability.
Contract drafters ...

Deal Announcement - Lending Team Closes Impressive Series of Deals in Q3

Thu, 30 Aug 2012 -400

The third quarter continues to be active for members of our lending team. Led by Michael Clain (Partner, New York), deal activity included the representation of:
A prominent bank, serving as lender and agent, in connect...

Authored - NJ Contract Law Update - Contract-Substitute Claims

Tue, 28 Aug 2012 -400

Brant Screen Craft, Inc., Watermarc Graphics, Inc., 2012 WL 2522972 (D.N.J. June 28, 2012), dealt with three types of fraud "contract-substitute" claims. The alleged fact pattern was simple and of a recurring type. Brant sold products to Watermarc. Marc Vaccaro, a defendant potentially b...

Authored - NJ Contract Law Update - The Written Contract Is As Clear As Day--And It Was Reaffirmed In Writing--But It Can't Be Enforced

Thu, 23 Aug 2012 -400

There are a number of recent cases refusing to enforce clear, signed written agreements. That trend should put all practioners on high alert in terms of whether they can believe what they see, at any stage--(1) negotiation/execution; (2) reliance/performance; (3) closing; (4) pos...

Authored - NJ Contract Law Update - How to Avoid an Ambiguity

Tue, 21 Aug 2012 -400

In Garrison Lifestyle Flemington, LLC v. The Talbots, Inc., 2012 N.J.Super.Unpub. LEXIS 1827 (N.J. Law Div. July 26, 2012), the Court found an ambiguity in the face of certain drafting imprecisions. Considering those imprecisions for didactic purposes may be of guidance to the draftspers...

Authored - Reinstatement of Accelerated Mortgage Loans

Tue, 21 Aug 2012 -400
An Ounce of Prevention is Worth a Pound of Cure
Situation
A mortgage is an agreement between two parties that is enforceable as written, giving rights to the lender, who is the holder of the mortgage, as well as to the mortgagor, usually the borrower.
After a loan closes, changes in a borrower's circumstances can l...

Article - Boston Globe Quotes Matt Daus, Cites Windels Marx's Recent "Rogue Smartphone App" Report

Fri, 17 Aug 2012 -400

Today's edition of the Boston Globe quoted Transportation group chair and former TLC Commissioner, Matt Daus (Partner, New York), and cited a timely report on

Authored - NJ Contract Law Update - What Can Happen If a Significant Business Relationship Develops Without a Master Agreement

Tue, 14 Aug 2012 -400

From time to time, a significant business relationship that was never reflected in a signed master agreement (as opposed to individual invoices, for example) results in a dispute--and leaves the court without much guidance. One fairly well-known case, resulting in the court's potential structurin...

Deal Announcement - Windels Marx Prominently Involved in Teachers' Fund's Purchase of Developer

Tue, 14 Aug 2012 -400

Jim Thomas, Wayne Cook and Rob Rossi (Partners, New York) represented major real-estate develo...

Case Development - Jorge Salva and Bill Cagney Secure Preliminary Injunction in Employment Litigation Matter

Mon, 13 Aug 2012 -400

Windels Marx recently secured a preliminary injunction for Orbis International Corp. d/b/a Fama Sales Company ("FAMA"), a leader in the sale, repair, and maintenance of commercial espresso coffee machines.
The injunction enjoins defendants Espresso Coffee Direct LLC and Anthony Christy, a ...

Authored - NJ Contract Law Update - Ambiguity is in the Eye of the Beholder

Mon, 13 Aug 2012 -400

In Heller v. Lauren J. Gardner Trust, 2012 WL 2401675 (N.J.App.Div. June 27, 2012), the Court relied upon contractual language it found to be clear and unambiguous, in holding an offerer of stock bound by that offer (pursuant to a complex, predetermined procedure). The Court found out th...

Authored - Scott Matthews Authors "Constructing Solid Employment Agreements" for "Inside the Minds" Publication

Thu, 09 Aug 2012 -400

Scott Matthews (Partner, New York) authored a chapter entitled "Constructing Solid Employment Agreements" as part of the book entitled Negotia...

Event - Rob Wilk to Speak on September 12th "Distressed Real Estate Debrief" Panel

Thu, 09 Aug 2012 -400

Get the brochure.
Rob Wilk (Associate, New York) will be speaking at the Distressed Real Estate Debrief on a panel called "Re...

On the Air - Matt Daus Talks Taxi Apps in April 2012 Australian Radio Interview

Wed, 08 Aug 2012 -400

In April 2012, Matt Daus (Partner, New York) was interviewed on Australia's ABC Gold Coast Radio program about the use of smart phone technology for taxicabs and related regulatory issues. To listen to the complete interview click...

Authored - NJ Contract Law Update - When is a Signed, Written Contract Not a Contract At All?

Wed, 08 Aug 2012 -400

Fabrau, L.L.C. v. Shah
Fabrau, L.L.C. v. Shah, 2012 WL2813011 (N.J.App.Div. July 11, 2012), presents the anomaly of a complex, signed written agreement among reasonably sophisticated parties being deemed a nullity well after the fact. An even greater anoma...

Authored - NJ Contract Law Update - In Pari Materia: Whether You Want It Or Not

Tue, 31 Jul 2012 -400

In State v. DeLucca, 2012 WL 2873726 (N.J.App.Div. July 16, 2012), the Court applied the doctrine of in pari materia without naming it. The Court expressed the doctrine as follows: "Where parties have made several written agreements in connection with one subject or transaction,...

Authored - NJ Contract Law Update - Should Quasi-Contractual Relief Be Available When a Statute Precludes Collecting on a Contract?

Wed, 25 Jul 2012 -400

In VSG Aquisition, Corp. v. SM & SP, Inc., 2012 WL 2684966 (N.J.App.Div. July 9, 2012), the Appellate Division reaffirmed the impropriety of allowing quasi-contractual relief such as unjust enrichment to circumvent a statutory prohibition against collecting on a contract basis.
Spe...

Deal Announcement - Bruce Bronster, David Glanz and Dalila Best Close $50 Million First Mortgage Loan for Major Real Estate Developer

Tue, 24 Jul 2012 -400

Partners Bruce Bronster and David Glanz and associate Dalila Best have negotiated and closed a ...

Article - Bob Schwartz Quoted on E-Security Measures for Company Bank Accounts

Wed, 18 Jul 2012 -400

The June 13th edition of The New Jersey Journal of Banking quoted Bob Schwartz (Partner, New Brunswick) in an article entitled "Court Case May Up Banks' E-Security Obligations". In...

Article - Daily News Quotes Matt Daus on Taxi GPS Analysis

Mon, 16 Jul 2012 -400

A July 12th Daily News article quoted Matt Daus (Partner, New York) on the issue of N...

Authored - NJ Contract Law Update - Parish v. Parish: The Paradigm of an Ambiguity

Thu, 12 Jul 2012 -400

Matrimonial cases are often sui generis, even when they implicate other areas of the law. (This will come as no surprise to any experienced practitioner.) Contract-interpretation cases arising out of the matrimonial area must therefo...

Authored - NJ Contract Law Update - The End of a Guarantee

Mon, 09 Jul 2012 -400
Clark Alpert Explores the Luce Decision
Though primarily focused on procedural issues, the Court's Opinion in Luce, Schwab & Kase, Inc., v. Ski Conditioning, Inc., et al., ____ N.J.Super. ___, 2012 WL 2035795 (N.J.App.Div. 2012) ("Luce"), reveals an issue to be explored in litigation involving guarantees.
Often,...

Deal Announcement - Michele Arbeeny and Carrie Foote Represent Bond Purchaser in Landmark Bond Issue

Thu, 05 Jul 2012 -400

Michele Arbeeny (Partner, New York) and Carrie Foote (Associate, New York) represented a nationally recognized bank in its role as bond purchaser in one of the firs...

Press Release - Windels Marx Publishes New Report Entitled "Rogue" Smartphone Applications for Taxicabs and Limousines: Innovation or Unfair Competition?

Fri, 29 Jun 2012 -400
Authored by Matthew W. Daus and the Windels Marx Transportation Team; Includes a National Regulatory Review of Safety, Accountability and Consumer Protection Legal Issues
Melissa Jenkins
Matter Communications
Tel: 978.499.9250 x242
Cell: 978.853.4166
melissa@matternow.com Lianne Cospito
Director of Marketing
Windels Marx Lane & M...

Case Win - Windels Marx Secures Dismissal of Consumer Deceptive and Unfair Trade Practices Lawsuit Brought by the Attorney General of the State of Florida

Thu, 28 Jun 2012 -400

After a three-year investigation and two years of litigation, the Attorney General of the State of Florida dismissed all claims against two principals of a real estate development firm long represented by Windels Marx, recognizing that neither was liable for the acts alleged in the State's compla...

Deal Announcement - Rich Crooker Closes Complex Multi-Year Asset Sales with Environmental Issues

Thu, 28 Jun 2012 -400

In Spring 2012, Swiss North American Properties, Inc. sold the last of its significant assets acquired from Reichhold, Inc. as part of a real property and environmental liability transfer transaction spanning 2006 through the present.

SNAP acquired a portfolio of surplus assets from ...

Authored - NJ Contract Law Update - Quasi-Contract Claims

Wed, 27 Jun 2012 -400
Clark Alpert Explores the Minuto v. Genesis Decision
Earlier articles in this series addressed aspects of the covenant of good faith ('Whitman v. Herbert -Covenant of Good Faith', April 23, 2012) and fraud in the factum (Tony Coscia's closing remarks at the Regional Plan Association's conference on trans-Hudson rail expansion were covered in a June 14th article published by The Star-Ledger, distributed vi...

Event - Nina Silfen Discusses Estate Planning with Parents of Special Needs Teens

Wed, 20 Jun 2012 -400

On June 18, 2012, Nina Silfen (Special Counsel, New York) spoke before a group of parents of special needs teenagers at Rebecca School (Manhattan) on the subject of estate planning for families of children with special needs. Her...

Press Release - Matt Daus, Windels Marx Transportation Group Will Counsel First Taxi "Peer Review" City

Wed, 20 Jun 2012 -400

On June 8, 2012 the International Association of Transportation Regulators (IATR) issued a press release announcing that Thunder Bay, Ontario is the first city to choose a peer review proce...

Ranking - Maryann Kicenuik Garners Noteworthy Mention Via Chambers USA

Tue, 19 Jun 2012 -400

The 2012 edition of Chambers USA made a noteworthy mention of Maryann Kicenuik (Partner, New Brunswick) in the Healthcare category (New Jersey).

Deal Announcement - Charles Simpson, Jeanine Margiano and Team Represent Not-For-Profit Corporation in Financing of Development of Harlem Low-Income Housing Complex

Tue, 19 Jun 2012 -400

Windels Marx represented the Abyssinian Development Corporation (ADC) in connection with the financing of the renovation of existing structures at Ennis Frances Houses and the new construction of an additional 220 unit low-income units within the housing complex located in Harlem, New York.
<...

Article - Crain's Quotes Matt Daus on "Cab King's" Role in Legal Battle Over NYC Taxi Plan

Mon, 18 Jun 2012 -400

Matt Daus (Partner, New York) was again quoted by Crain's New York Business on the legal battle over New York City's proposed taxi plan, this time with regard to "cab king" and plan-opponent Ron Sherman. The June 17, 2012...

Case Win - Real Estate Litigation Win Secured in New Jersey Residential Sale Dispute

Fri, 15 Jun 2012 -400

Craig Gottilla (Associate, New Brunswick) obtained a successful verdict for the buyer in a breach of a residential real estate contract action.
The seller sued the buyer in the Superior Court of New Jersey for breach of con...

Authored - Livery Street Hail Litigation: Analysis & Predictions

Thu, 14 Jun 2012 -400
Matt Daus Breaks Down Key Issues Ahead of June 26th Legislative Forum
Introduction
On June 1, 2012, Justice Arthur F. Engoron, of the NY State Supreme Court, threw a spoke into the wheels of New York City's (NYC's) street hail livery plan and yellow taxicab medallion sale. Justice Engoron, a former taxi driver himself who shared many of his d...

Event - Windels Marx Sponsors, Matt Daus Moderates June 26th "Taxi & Livery: Issues of Today and Tomorrow"

Thu, 14 Jun 2012 -400
NY Legislative Forum Brings Notable Thought Leaders Together on Key Issues Affecting NYC Taxi and Livery Concerns
On June 26th, Windels Marx is sponsoring and Matt Daus is moderating a panel as part of the New York Legislative Forum entitled "Taxi & Livery: Issues of Today and Tomorrow."
Matt's panel will bring together street hail law's original sponsor, NY State Senator Marty Golden, accessibilit...

Article - Bob Schwartz Quoted on Corporate Governance at NJ Community Bank

Thu, 14 Jun 2012 -400

A June 6, 2012 LoanSafe.org article entitled "Wawel Bank CEO Stripped of Chairman Title" quoted Bob Schwartz (Partner, New Brunswick) on a N...

Article - Crain's Quotes Matt Daus on New York City Taxi Plan

Wed, 13 Jun 2012 -400

The June 8, 2012 edition of "Madoff Trustee Goes After $212M From Credit Suisse, Others" (subscription required) recognized Wind...

Announcement - Michael Resnikoff Named Special Counsel

Thu, 31 May 2012 -400

We are pleased to announce that Michael Resnikoff (New York) has been named Special Counsel. His practice focuses on mortgage and tax lien foreclosures and

Authored - NJ Contract Law Update - Tolling the Contractual Statute of Limitations Due to Insanity

Fri, 25 May 2012 -400
Clark Alpert Provides Practice Pointers
The general contractual statute of limitations in New Jersey is six years. N.J.S.A. 2A:14-1. There are various potential ways of attempting to "toll" or suspend the running of this statute of limitations (SOL) in order to successfully sue beyond the six-year period; some of the more comm...

Authored - NJ Contract Law Update - Breach of Contract by a Professional May Not be Shielded by the Corporate Veil

Wed, 23 May 2012 -400
Clark Alpert Explains How to Proactively Face Such Litigation
An agent for a disclosed principal is insulated from personal liability for contractual claims. Looman Realty v. Broad Street National Bank, 32 N.J. 461, 476 (1950). That proposition was recently reinforced in Lexins, LLS v. Powerplace Software, 2012 WL 1537431 (N.J.App.Div. May...

Article - New York Real Estate Journal Recognizes Michele Arbeeny and Tina J. Gagliano

Tue, 22 May 2012 -400
"Women in Real Estate 2012" Features In-Depth Profiles from Across the Industry
The May 22nd edition of the New York Real Estate Journal recognized two of our Real Estate partners, Michele Arbeeny and Tina J. Gag...

Article - Bob Schwartz Quoted on Impact of JOBS Act on Small New Jersey Banks

Tue, 22 May 2012 -400

Bob Schwartz (Partner, New Brunswick) was quoted in a May 21st Star Ledger article entitled "N.J.'s community banks see savings f...

Article - Howard Simon Quoted on Potential Dewey & LeBoeuf LLP Bankruptcy

Mon, 21 May 2012 -400

Howard Simon (Partner, New York) was quoted in a May 10th Law360 article entitled "Dewey Partners Likely to Face Wrath of Creditors" (subscription required).
The ...

Event Summary - Windels Marx Hosts "Healthcare Roundtable" on May 16th

Thu, 17 May 2012 -400
Distinguished Panelists Hail From Alvarez & Marsal, Cain Brothers and Summer Street Capital
On May 16, 2012, Windels Marx hosted a special invitation "Healthcare Roundtable" over breakfast at the New York Athletic Club (New York, NY).
The roundtable brought together thought leaders across the healthcare industry, who engaged in nearly two hours of presentations and Q&A on deal...

Authored - NJ Contract Law Update - The Contractual Defense of Duress: The "Horse" Cases

Thu, 17 May 2012 -400

In DMS Farm, LLC v. Nelson, 2012 WL 1328600 (N.J.App.Div. April 9, 2012), the Appellate Division further clarified and limited the law of duress as a defense to a contractual obligation. Specifically, DMS Farm clarified that a contracting party granted a lien by law on the prope...

Authored - Taxi Credit & Grant Primer for Wheelchair Accessible Taxi & Livery Vehicles

Wed, 16 May 2012 -400
Matthew Daus & Alan Landzberg Provide Practical Information for the Transportation Industry
Overview
Over the past year, a number of developments have served to create significant incentives for the purchase of wheelchair accessible vehicles in the New York City taxi and livery markets. The Livery Street Hail Law sets forth a grant program of up to $15,000 per veh...

Article - NYLJ Reports on Case of First Impression for Swap Agreements

Mon, 14 May 2012 -400
Decision Could Become an Important Precedent for Lenders Who Hold Swap Agreements
The May 4th New York Law Journal's "Decisions of Interest" section featured a significant victory scored by Windels Marx for our client, Allied Irish Banks, regarding a case of first impression.
This is the first time a New York court ruled that a swap agreement is an "instrument f...

Article - The Irish Times Reports on a Significant Victory in NY State Supreme Court Case for Ireland's National Asset Loan Management Limited

Thu, 10 May 2012 -400

Ireland's "newspaper of record", The Irish Times, reported on a significant victory in a New York State Supreme Court case, in which Windels Marx is representing Ireland's National Asset Loan Management Limited...

Article - Tony Coscia Speaks on Transportation Panel at Regional Plan Association's 2012 Assembly

Wed, 09 May 2012 -400

Tony Coscia (Partner, New York/New Brunswick) was part of an expert panel on transportation at the RPA's 2012 Regional Assembly, held on April 27th.
During the discussion on transportation f...

Deal Announcement - Deborah Bindler, Leonard LaBarbiera and Julian Buchbinder Represent Affordable Housing Nonprofit in $7.1 mil. Acquisition of Bronx Apartment Community

Tue, 08 May 2012 -400

Deborah Bindler (Special Counsel, New York), Leonard LaBarbiera (Special Counsel, New Brunswick) and

Press Release - Windels Marx Promotes Kim M. Longo to Partner

Tue, 08 May 2012 -400
New York Lawyer Brings Complex Finance and CPA Skills to Bankruptcies, Ponzi Schemes and High Profile Trustee Cases
Melissa Jenkins
Matter Communications
Tel: 978.499.9250 x242
Cell: 978.853.4166
melissa@matternow.com Lianne Cospito
Director of Marketing
Windels Marx Lane & M...

Authored - Estate Planning for Special Needs Children: Peace of Mind for Parents

Mon, 07 May 2012 -400

I was recently re-visiting an article about estate planning for families with special needs children that appeared in October 2008 in the Wall Street Journal entitled "An Estate Plan Built for Special Needs." The article, like ...

Authored - NJ Contract Law Update - Difficulties in Contracting Away Misrepresentations

Wed, 02 May 2012 -400

Walid v. Yolanda For Irene Couture, Inc., ____ N.J.Super. _____, 2012 WL 1123232 (App.Div. April 5, 2012), highlights the difficulty of contracting away the effect of prior misrepresentations. This article explores the jurisprudence governing such attempts, and suggests possible litigati...

Deal Announcement - Frank Quinn, Jeanine Margiano and Team Close $70 million Senior Secured Credit Facility

Wed, 02 May 2012 -400

Frank Quinn (Partner, New Brunswick) and Jeanine Margiano (Associate, New York) and team recently represented the senior lender on a $70 million multi-currency, ...

Deal Announcement - Bruce Bronster and Team Bring Unique Blend of M&A, Wine and Spirits and Hospitality Industry Knowledge to Complex Private Sale

Tue, 01 May 2012 -400

Bruce Bronster (Partner, New York) together with David Graff (New York, Associate) and Christopher ...

Deal Announcement - Teachers Village Breaks Ground and Windels Marx is Counsel to Prominent Lender

Mon, 30 Apr 2012 -400

Newark's Teachers Village (New Jersey) continues to garner headlines, and Windels Marx is pleased to have represented one of the prominent lenders involved in the deal.

Michele Arbeeny, Bob Schwartz (Partner, New Brunswick) in an article entitled "Program aims to create auction for selling shares o...

Article - Matthew Daus Quoted in Tennessean.com's Article on Nashville Limousine Regulations

Fri, 13 Apr 2012 -400

Matthew Daus (Partner, New York) was featured in Tennessean.com's article about...

Regulatory Update - The JOBS Acts - Impact on Community Banks

Thu, 29 Mar 2012 -400

Quick Summary. On March 27, 2012, the House of Representatives passed the Jumpstart Our Business Startups Act (the "JOBS Act"). The Senate had adopted an identical version of the JOBS Act last week. The legislation is being sent to the White House for execution by President O...

Press Release - John Driscoll is Re-Elected to Board of Turkish Chamber "TACCI"

Thu, 29 Mar 2012 -400
Turkey's Businesses are Increasingly Active in Light of Economic Developments
John Driscoll (Partner, New York) was recently re-elected to the Turkish American Chamber of Commerce and Industry's NJBiz entitled "Keeping it clean: Reputation makes Coscia a top choice for high-profile posts" featured

Article - Bruce Bronster and Josef Abt Get Thomson Reuters, NYLJ Coverage on Foreclosure Case

Mon, 12 Mar 2012 -400
NYCTL 2008-A Trust et al. v. Estate of Locksley Holas, Supreme Court of the State of New York
In re: NYCTL 2008-A Trust et al. v. Estate of Locksley Holas, a case in which the plaintiff is being represented by Bruce Bronster (Partner, New York) and Jose...

Article - Tony Casas Featured in NJLJ's "New Partners Yearbook 2012"

Thu, 08 Mar 2012 -400

The March 8, 2012 edition of the New Jersey Law Journal included the annual survey of partners entitled "New Partners Yearbook 2012." The survey highlights recent promotions and laterals at New Jersey-based law firms.
Our own
Thu, 08 Mar 2012 -400
Transportation Practice Bolsters Team with New York City and State Lawyer, Including Credentials within the NYC Taxi and Limousine Commission
Contacts
Melissa Jenkins
Matter Communications
Tel: 978.499.9250 x242
Cell: 978.853.4166
melissa@matternow.com Lianne Cospito
Director of Marketin...

Regulatory Update - Proper Planning & Considerations When RIFs are Unavoidable

Thu, 08 Mar 2012 -400

Quick Summary. Once a company determines that a Reduction In Force ("RIF") is necessary, the difficult work is customarily undertaken by a team of legal counsel, operations, and human resources professionals to devise and implement a plan that accomplishes the economic objectives...

Deal Announcement - Daniel Pocchiari and Robert Wilk Counsel on International Gem Tower Deal

Fri, 02 Mar 2012 -400

Daniel Pocchiari (Special Counsel, New York) and Robert Wilk (Associate, New York) advised an international business company as lender's counsel in connection wi...

Article - Tony Coscia Speaks to NJBiz on Caren Franzini's Longevity with NJ Economic Development Authority

Mon, 20 Feb 2012 -400

A February 20th article in NJBiz quoted Tony Coscia (Partner, New Brunswick) in "Michele Arbeeny (Partner, New York) has joined the Brooklyn Arts Council (BAC) as a member of the board, effective January 2012.
BAC defines itself as "the arts council for t...

Article - Bob Schwartz Quoted on Regulatory Impact for Small Banks

Mon, 13 Feb 2012 -400

The February 13th edition of NJBiz quoted Bob Schwartz (Partner, New Brunswick) in an article entitled Michael Moriarty and David Glanz (both Partners, New York) representing one of the largest European banks, have completed the refinancing of an existing $126 milli...

Event - Jasmine Le Veaux Represents Transportation Group at QICA

Wed, 08 Feb 2012 -400

Jasmine Le Veaux (Associate, New York) was a panelist at the Queens Interagency Council on Aging (QICA) community meeting that explored "Accessible Transportation - Access and Senior Mobility." New York Real Estate newsletter featured Windels Marx'...

Case Win - Rod Honecker Wins On Behalf of Lender Related to Bankruptcy Decision

Tue, 24 Jan 2012 -400

Rod Honecker (Special Counsel, New Brunswick) scored a significant victory for our lender client when Judge Joel E. Pisano, U.S.D.J., affirmed the Bankruptcy Court's decision dismissing a Chapter 13 bankruptcy filing.
In...

Event - Michael Clain and Kaylie Lotzof Spoke on Factoring the Web

Mon, 23 Jan 2012 -400

Michael Clain (Partner, New York) and Kaylie Lotzof (Associate, New York) spoke via webinar at the Internati...

Article - Charles Damato and Katy Finch Co-Author Property Tax Assessment Article

Wed, 18 Jan 2012 -400

Charles Damato (Partner, New York) and Katy Finch (Associate, New York) co-authored an article in the January 17-30, 2012 edition of the
Wed, 11 Jan 2012 -400

In the January 11th edition of the Association for Corporate Growth's Private Capital Review newsletter, as well as for the February edition of their Mergers and Acquisitions Journal, the ACG posed the question to members:
"Do you think 2012 will be busier or slower t...

Regulatory Update - Overview and Highlights of Chapter Amendment to S.5825, A.8496

Thu, 05 Jan 2012 -400
The State and City of New York's Plan to Expand Street Hail Service Citywide, Increase Wheelchair Accessibility and Raise Revenue from Auctioning New Medallions and Permits
Quick Summary. The State and City of New York and the taxicab industry are approaching an important crossroads in the integration and expansion of wheelchair-accessible cabs.
Read more.
Op-ed in the January 5, 2012 edition of The Ne...

Authored - Matthew Daus Pens NY Times Op-Ed Entitled "Hailing the Wrong Taxi"

Thu, 05 Jan 2012 -400

Matthew Daus (Partner, New York) authored a January 5, 2012 op-ed piece in The New York Times entitled "Hailing the Wron...

Article - Tanya Mascarich Recognized by NJLJ for Partners for Women and Justice

Mon, 02 Jan 2012 -400

The January 2, 2012 edition of the New Jersey Law Journal published its annual "Partners for Women and Justice" list of pro bono attorneys from across New Jersey.
The article recognizes participating attorneys for their support and says "thank you" to the attorneys and their firms....

Authored - Charles Liebling Consults on 2d ed. of "The Redevelopment Handbook: A Guide to Rebuilding New Jersey's Communities"

Fri, 30 Dec 2011 -400

Charles Liebling (Partner, New Brunswick) served as a consulting attorney to the authors of The Redevelopment Handbook: A Guide to Rebuilding New Jerse...

Authored - Michael Clain Pens "When Importer Security Filing Rules Conflict With Accepted Trade Finance Practice" for the BNA Banking Report

Wed, 28 Dec 2011 -400

Michael Clain (Partner, New York) authored an article on the topic of "When Importer Security Filing Rules Conflict With Accepted Trade Finance Practice" for the December 20, 2011 BNA Banking Report (Michael Clain (Partner, New York) and James Pastore (Special Counsel, New York) were U.S. counsel on a deal involving multiple lenders for Atrium Innovations Inc....

Deal Announcement - Michael Clain Represents Leading ABL Financial Institution in $14.9 million Credit Facility - Nearly $100 million in ABL Deals for Second Half of 2011

Wed, 28 Dec 2011 -400

Michael Clain (Partner, New York) represented one of the leading asset-based lenders in a $14.9 million secured credit facility that included a working capital line, a term loan and a capex line to a producer of nuts, dried fruit ...

Case Development - John Driscoll and Scott Matthews Counsel Turkish Wireless Phone Company in Patent Infringement Case

Fri, 09 Dec 2011 -400

John Driscoll and Scott Matthews (both Partners, New York) are serving as counsel to Avea Iletisim Hizmetleri A.S., a Turkish wireless phone company, on the appeal...

Article - Bob Schwartz Quoted on OCC's Steps to Ensure NJ Bank Can Address Anti-Money Laundering

Tue, 06 Dec 2011 -400

A November 27th article in The Star-Ledger quoted Bob Schwartz (Partner, New Brunswick) in its review of steps taken by the Office of the Comptroller of the Currency (OCC) to ensure certain New Jersey banks can effective...

Article - John Driscoll Quoted on CNNMoney.com in Tootsie Roll's Dispute with Footzyrolls

Tue, 06 Dec 2011 -400

CNNMoney.com quoted John Driscoll (Partner, New York) regarding a dispute between his client, Footzyrolls (a footwear company), and Tootsie Roll Industries (manufacturer of candy of the same name). Entitled "Tootsie Roll to Footzy...

Article - Charles Hamilton Quoted in NY Times on Harlem School of the Arts

Tue, 06 Dec 2011 -400

The "Arts" section of the December 6, 2011 edition of The New York Times included a cover story entitled "At Harlem Arts School, New Chief Hits Her Str...

Regulatory Update - New York State Wage Theft Prevention Act: Compliance With The Annual Notice Requirement

Thu, 01 Dec 2011 -400

Quick Summary. New York State enacted the Wage Theft Prevention Act earlier this year. Among its requirements, the Act requires annual notice and acknowledgment of pay rates and paydays be given to all employees within a set period each year.

Mon, 21 Nov 2011 -400

The November 7, 2011 edition of NJBiz identified New Brunswick partner and Executive Committee member, Tony Coscia, among New Jersey's top 50 decision-makers in the real estate community.
As one of a select few priv...

Authored - Clark Alpert Authors 2d Ed. "Guide to NJ Contract Law" with Matt Capozzoli, David Butler, Jeremy Weiss

Fri, 18 Nov 2011 -400

Clark Alpert (Partner, Madison office) was both editor and author of the second edition of Guide to New Jersey Contract Law, with a Windels Marx...

Article - New Jersey Associates Featured in NJLJ "Class of 2011"

Thu, 10 Nov 2011 -400

The November 10, 2011 edition of the New Jersey Law Journal included its annual list of associates from across New Jersey.
Entitled "Associates Class of 2011: With recession in rear-view mirror, hiring's on an upward path," the article included practice profiles and photos of five ...

Press Release - Windels Marx Announces Formation of, and Leadership Role in, COTA

Mon, 07 Nov 2011 -400
Limousine and Black Car Trade Associations Join Forces with Leading Transportation Industry Law Firm to Pursue a Universal Mission
(New York, NY) Windels Marx announced today the formation of the ground-breaking Coalition of Transportation Associations ("COTA"), which has participation from all of the major New York Metro trade associations for the black car and luxury for-hire ground transportation industry.
The annou...

Article - Matthew Daus Profiled in LCT.com's Regulation Column

Thu, 03 Nov 2011 -400
"Following Rules: Matt Daus Taps Multiple Roles"
Full article.
Matthew Daus, leader of Windel Marx's emerging Rich Crooker served as special counsel to the New Jersey Township of Montgomery ("Montgomery Township") in its successful sale of the Skillman Village property to the Charles Liebling (Partner, New Brunswick) has been invited to speak at the New Jersey Institute of Continuing Legal Education's 2012 Redevelopment Institut...

Event - Bruce Bronster to Speak at First Annual Tax Lien Investors Conference

Tue, 25 Oct 2011 -400

Bruce Bronster (Partner, New York) has been invited to speak at the First Annual Tax Lien Investors Conference, to be held November 10-13, 2011, in New Orleans, LA.
Mr. Bronster wil...

Press Release - Windels Marx Announces the Promotion of Samuel M. Mizrahi to Special Counsel

Tue, 25 Oct 2011 -400
Real Estate Industry-Focused Lawyer is Counsel on Deal Structurings and the Defense of Client Interests in Both New Jersey and New York
(New York, NY) Windels Marx today announced the promotion of Samuel M. Mizrahi to Special Counsel, effective October 1, 2011. Resident in the New Brunswick, NJ office, Sam counsels clients in both New Jersey and New York on real e...

Deal Announcement - Mitch Gilbert, David Glanz and Team Complete Phase One of $200+ Million Sale of Trophy Multifamily Building in Tribeca

Thu, 06 Oct 2011 -400

Mitch Gilbert, David Glanz (both Partners, New York) and Chris Dean (Associate, New York) negoti...

Deal Announcement - 3 Columbus Circle Construction Agreement Inked, with Counsel by Bruce Bronster, David Glanz and Team

Wed, 05 Oct 2011 -400

On behalf of Joseph Moinian and the joint venture between Moinian and a prominent REIT, Bruce Bronster, David Glanz (both Partners, New York) and
Mon, 03 Oct 2011 -400

The October 3, 2011 edition of NJBiz identified 50 individuals across New Jersey's banking landscape "who are shaping the course of the pivotal industry," including New Brunswick partner, Michael Moriarty and David Glanz (both Partners, New York), together with Julian Buchbinder,

In Memoriam - Timothy J. O'Neill (1954-2011), Princeton Partner and Friend

Wed, 28 Sep 2011 -400

The Partners and Staff of Windels Marx are saddened by the loss of our fellow Partner and dear friend, Tim O'Neill (1954-2011), and we honor his life and legacy.
View the New Jersey Star Ledger Real Estate Partner Mitch Gilbert (New York) was quoted in the September 28th edition of AM New York on New York's historic High Line and the benefits for...

Press Release - Windels Marx Announces the Promotion of Matthew Daus to Partner

Fri, 23 Sep 2011 -400
Head of Transportation Practice also Garners Re-Election as President of International Association of Transportation Regulators (IATR)
(New York, NY) Windels Marx today announced the promotion of Matthew Daus to Partner, effective September 1, 2011. He leads the firm's emerging Transportation Practice...

Event - Rich Crooker to Speak at the New Jersey Redevelopment Authority's Course on Redevelopment Law and Planning Process

Thu, 22 Sep 2011 -400

Rich Crooker (Partner, Madison) has been invited to speak at the New Jersey Redevelopment Authority's (NJRA) two-day course on Redevelopment Law and Planning Process, to t...

Deal Announcement - Frank Quinn, Eric Bruenner, Jeanine Margiano and Julian Buchbinder Serve as Agent's Counsel on $200 million Syndicated Credit Facility for Apparel Company

Fri, 16 Sep 2011 -400

Windels Marx represented a leading lender as agent's counsel in connection with a $200 million senior asset-based lite syndicated credit facility. The deal closed on August 31, 2011.

The syndicate included national and regional lenders, each with substantial lending operations in the...

Deal Announcement - Rich Crooker and John Driscoll Represent YouGiveGoods.com

Wed, 14 Sep 2011 -400

Rich Crooker (Partner, Madison) and John Driscoll (Partner, New York) represent YouGiveGoods.com, an e-commerce business...

Case Win - Bruce Bronster and Team Successfully Defend Prominent Entertainer in Ownership and Sale of Antique Cars

Thu, 08 Sep 2011 -400

Bruce Bronster (Partner, New York) served as lead counsel in the successful defense and settlement of an action involving a prominent entertainer, a rare cause of action (replevin

Event - Denise Iocco to Speak at New York State Society of CPA's Estate Planning Conference

Thu, 08 Sep 2011 -400

Denise Iocco (Special Counsel, New York) has been invited to speak at the New York State Society of CPAs during their The New York Observer, Artfix Daily,

Deal Announcement - Michael Brenna Represents Self-Storage Business in Complex, Multi-State Sale

Thu, 18 Aug 2011 -400

August 1, 2011 - Michael Brenna served as lead counsel to a regional self-storage business in its $175 million complex sale of 21 facilities. The facilities are located across New Jersey and Pennsylvania, and the sale included multiple conduit mortgage loa...

Deal Announcement - Gary Walsh, Maryann Kicenuik and Team Close a $100.6 Million Restructuring Financing

Mon, 15 Aug 2011 -400

On August 9, 2011, Gary Walsh, Maryann Kicenuik, John Bitar and City of Trenton v. Cannon Cochran Management Services, Inc. et al.
David Swerdlow and

Regulatory Update - Important Medallion and Outer-Borough Street Hail Permit Updates Summarized by Matt Daus

Tue, 09 Aug 2011 -400

The legislative activity at the end of the last session in Albany - and in the coming months - may have a significant impact on the system of taxicab and for-hire vehicle service which has existed for decades.
There has been much confusion about the current state of the legislative...

Article - Important Worker Classification Tips for Transportation Businesses Authored by Matt Daus and Jasmine Le Veaux

Tue, 09 Aug 2011 -400

Most for-hire vehicle ("FHV") drivers in New York are classified as independent contractors, a status which is important under federal, state and local tax and labor laws. Worker classification has become a particularly important topic recently as the Internal Revenue Service ("IRS") has step...

Regulatory Update - Urban Transit Hub Amendments Summarized by Tony Coscia and Charles Liebling

Fri, 05 Aug 2011 -400

You may already be aware that on July 26, 2011, the New Jersey Governor signed S. 2972; P.L. 2011, c.89 (the "Act"), making various amendments to the Urban Transit Hub Tax Credit program ("UTHTC"). These amendments should further catalyze development in the New Jersey's nine "transit hubs". What ...

Article - David Brauner Quoted on the Impact of Non-Performing Members in Co-ops and Condos

Wed, 03 Aug 2011 -400

The July 2011 edition of The Cooperator: The Co-op and Condo Monthly features an article entitled "The Impact of Arrears: IOU and You, and You?" which quotes David Brauner on the impact non-performing members can have on t...

Press Release - Sam Destito and Charles Fisher Secure Appellate Victory for Competitive Bidding Practices in New Jersey Educational System Bid Awards

Mon, 25 Jul 2011 -400

Representation of Garden State School Bus Contractors Association and taxpayer Javier Fernandez results in ground-breaking appellate decision and a road map for public school-related bidding across New Jersey's educational system.
Windels Marx today announced a victory for ...

Event - Tony Coscia Moderates Crain's New York Business Panel That Explores "Can the City Afford World Class Infrastructure?"

Tue, 19 Jul 2011 -400

On July 19, 2011, Crain's New York Business hosted its fourth annual event entitled "The Future of New York City 2011: Meeting the Growth Challenge" and invited Tony Coscia to moderate a panel that explored the topic "Can...

Press Release - Transportation Team, Led by Matt Daus, Secures Victory for Brooklyn Seniors and the Disabled

Fri, 01 Jul 2011 -400
Counsel Matthew W. Daus and State Senator Martin J. Golden Join Forces to Restore Bus Service and Expand Access-A-Ride Taxi Voucher Program to Livery Cabs in New York City's Boroughs
On Friday, July 1, 2011, in a press conference held in Brooklyn, NY, Windels Marx counsel, Matthew W. Daus was joined by New York State Senator Martin J. Golden (R-C-I, Brooklyn), New York City CouncilMember Vincent Gentile, Assembly Member Nicole Malliotakis, expert witness Professor Jonathan Pe...

Authored - Karl Piirimae Pens "Global to Local - Sustainable Development and Emerging Issues in Real Estate Practice" for the NJ Lawyer

Thu, 30 Jun 2011 -400

Real Estate partner, Karl Piirimae, authored an article on the topic of "Global to Local: Sustainable Development and Emerging Issues in Real Estate Practice,"

Article - Real Estate Team, Led by Mitch Gilbert, Counsels on 88 Leonard Sale

Tue, 28 Jun 2011 -400

The Real Estate team of Mitch Gilbert, David Glanz, Alan Landzberg and

Article - Michael Clain Quoted in NJBiz.com's "Executives Offer Tips at Gateway to International Trade Event"

Tue, 10 May 2011 -400

Michael Clain was quoted during the May 10th "NJBIZ Gateway to International Trade" event at the Sheraton Meadowlands Hotel & Conference Center, which attracted globally-focused businesses and entrepreneurs interested in trade and export activities via New Jersey and the surrounding areas.

Article - Tony Coscia Mentioned in The Star-Ledger's "Ex-Port Authority Chairman Stays in Public Arena as Obama Appointee to Create U.S. High-Speed Rail Network"

Tue, 12 Apr 2011 -400

Anthony R. Coscia's work on Amtrak's board of directors and his past contribution to the Port Authority of New York and New Jersey are recognized by Steve Strunsky of The Star-Ledger.
The full article is available at
Thu, 03 Mar 2011 -400

Windels, Marx, Lane & Mittendorf, LLP is proud to partner with Citibank, J.H. Cohn, and NJBIZ to present Gateway to International Trade. The event will bring together experts from top U.S. trading partners and emerging markets to discuss business growth opportunities through international exp...

Press Release - Windels Marx Opens New Office in Madison, New Jersey

Mon, 03 Jan 2011 -400

Windels Marx Lane & Mittendorf, LLP announced today that it has opened a new office in Madison New Jersey. The core of the new office will consist of eight partners three transferring from the firm's other offices in New Jersey and five new partners. Samuel G. Destito and Charles M. fisher will ...

Ranking - Windels Marx joins ranks in New York Law Journal's annual survey "NYLJ 100: Largest Private Law Offices"

Mon, 06 Dec 2010 -400

In the New York Law Journal's December 6, 2010, annual rankings of law firms with New York offices, Windels Marx was listed among the top 100. The survey is based on quantitative, New York-specific data for lawyers and other aspects of a law firm's operations.

Authored - Rod Honecker writes "A Rarely Used Weapon for Employers: the Computer Related Offenses Act" for the NJ Law Journal

Mon, 30 Aug 2010 -400

Litigation Special Counsel, Rod Honecker, authored an article on the topic of "A Rarely Used Weapon for Employers: The Computer Related Offenses Act

Press Release - The Honorable Roy Babitt Joins Windels Marx

Mon, 02 Aug 2010 -400

New York (August 2, 2010) - Windels Marx Lane & Mittendorf, LLP is pleased to announce the Honorable Roy Babitt joins the Firm today as Special Counsel with the Bankruptcy & Creditors' Rights Practice Group.
Judge Babitt is a Chapter 7 bankruptcy trustee appointed by the O...

Press Release - Windels Marx Promotes Two to Partner: John Holden and Doug Stevinson

Thu, 03 Jun 2010 -400

New York (June 3, 2010) - Windels Marx Lane & Mittendorf LLP announced today John Holden and Doug Stevinson have become partners of the Firm, the New York and New Brunswick offices, respectively.
Windels Marx's newest partners enhance the Firm's capabilities in its Litigati...

Windels Marx News

Case Development - Deutsch v. ZST Digital Networks Heats Up With Asset Hunt, Alleged "Go Dark" Efforts

Authored - NJ Contract Law Update - A Helpful Guide to Important Contract and Quasi-Contract Issues

Deal Announcement - Acquisition of Newark's Hahnes Department Store is Completed

Case Development - Matt Daus, Windels Marx and IATR Block Uber and Other Rogue Apps in Maryland

Authored - NJ Contract Law Update - Arbitration Waiver Will Not Be Lightly Found

Article - Pat Russo Talks Taxi Laws

Authored - NJ Contract Law Update - Breach of Contract Claim Can Also Entail Copyright and Joint Venture Issues

Case Development - Clark Alpert, Robert Schwartz and David Butler Resolve Shareholder Litigation to Preserve Merger of New Jersey Banks

Deal Announcement - Sanofi-Aventis Campus Deal Reaches Finish Line On Tight Timetable

Deal Announcement - Bruce Bronster, Dalila Best and Rob Wilk Represent Noted New Yorker in Conveyance of Luxury Mid-Town Manhattan and Nationwide Real Estate Investment Assets

Authored - NJ Contract Law Update - Contracts Involving Ocean Transit of Goods Require Analysis of Federal Law

Event - Karl Piirimae Speaks on Green Building and Alternative Energy Strategies at Real Estate Conference

Authored - NJ Contract Law Update - In Sophisticated Residential Transaction, Buyer Held to His Own Due Diligence--and to Prove Materiality of a Representation Rising At Least to the Level of Causation

Announcement - Tony Coscia Elected Chairman of United Water

Case Development - Clark Alpert, David Butler and Jeremy Weiss Succeed in Health Law Litigation

Announcement - Windels Marx Welcomes New Partner, Paul Shur, and Special Counsel, James Dempsey

Deal Announcement - Kevin McNamara, Howard Lakind and Patrick Deyhle Close Large Financing for Prominent National Bank

Authored - NJ Contract Law Update - Seller Overcomes Missing Documentation to Recover for Goods, Special Orders, Finance Charges, and Attorneys Fees, But Not Collateral Storage Charges

Case Development - Bruce Bronster and David Graff Prevail on Complex Turnover Petition for Client

Case Development - Bruce Bronster, Michael Resnikoff, and Josef Abt Obtain Win for Clients in Kings County Supreme Court

Deal Announcement - Mike Moriarty and Rob Wilk Facilitate "Win-Win" Result in $43 Million Loan Workout

Authored - Real Estate Tax Abatements and Coops/Condos

Announcement - Bruce Bronster Elected to National Tax Lien Association Board of Directors

Authored - NJ Contract Law Update - Interplay Among Issues of Contractual Illegality, Unclean Hands and Unjust Enrichment

Authored - Ruling on NJ DEP Waiver Rule 'Guidance'

Case Development - Bruce Bronster and David Graff Prevail on Issue of First Impression in Delaware Chancery Court

Authored - NJ Contract Law Update - "Floating" Forum Selection Clauses

Case Development - Bruce Bronster, Rob Wilk and Team Secure Win for Client in New York State Supreme Court Case of First Impression

Announcement - Tony Coscia Elected as Amtrak Chairman

Article - Reuters Reports on Case of First Impression Pursued by Bruce Bronster and David Graff

Article - Denver Business Journal Quotes Matt Daus on Taxi App Regulation Proposal

Announcement - Rob Brusco Rejoins Windels Marx as Partner

Event - John Kriz to Present Guest Speaker at Public Policy Lecture

Authored - NJ Contract Law Update - Overriding Purpose of a Contract Clause Helps Determine Whether an Ambiguity Exists, and the Meaning of the Ambiguity

Article - Chris Nucifora Recognized in New Jersey Law Journal's "New Partners Yearbook 2013"

Case Development - Bruce Bronster and David Graff Secure Favorable Order for Client in New York Supreme Court Case

Case Development - Bruce Bronster and David Graff Secure Win for Client in Delaware Chancery Court Case of First Impression

Case Development - Bruce Bronster and David Graff Win Oral Argument in New York State Supreme Court Case

Deal Announcement - Mike Moriarty, Lenny LaBarbiera, Jeanine Margiano and Chris Dean Secure $35 Million in Tax-Exempt Bonds for Construction of Assisted Living Facility

Case Development - Rob Wilk and Taila Martin Win Dismissal of Complaint Brought Against Large Northeast Bank

Authored - NJ Contract Law Update - Another Risk of Enforcing a Governmental Contract: Potentially Violating the Bidding Statutes

Authored - NJ Contract Law Update - The Intersection of Arbitration Law and the Consumer Fraud Act

Authored - Scott Matthews Authors Chapter on Employment Law in 2013 for "Inside the Minds" Series

Article - Charles Hamilton Quoted by DNAinfo.com on Harlem Redevelopment Plan

Authored - NJ Contract Law Update - Equitable Fraud Sub Silentio

Article - New York Times Quotes Matt Daus on Legal Challenge to NYC's 'Taxi of Tomorrow'

Case Development - Bob Schwartz, John Bitar, Greg Krauss Counsel Bank's Switch to New Jersey State Charter

Article - Brooklyn Daily Eagle Quotes Pat Russo on Bay Ridge Lawyers Association's CLE Program

Authored - NJ Contract Law Update - This Time, an Alleged Oral Modification of a Formal Contract is Defeated by Summary Judgment

Authored - NJ Contract Law Update - Even An Uncounseled Release May Be Enforceable

Deal Announcement - Dan Pocchiari, Rob Wilk Counsel on $36 Million Financing of Assisted Living Facility

Authored - NJ Contract Law Update - Finding Pacifico

Authored: Charles Damato and Katy Finch Author Property Tax Assessment Articles

Authored - Ed Shea Pens Article on Expanded OSHA Requirements for Bloomberg BNA

Authored - NJ Contract Law Update - Arbitration Clause Ostensibly Applicable to Components of Transaction May Not Apply to Master Agreement

Authored - NJ Contract Law Update - Can Parties Agree to Waive the Right to Appeal From an Arbitration Award?

Deal Announcement - Rob Rossi, Richard Zoffinger and Gary Finiguerra Represent Real Estate Investment Advisory Firm in Three Joint Ventures

Authored - NJ Contract Law Update - Strong Justice Against Diversion of Funds Under "First Material Breach" Doctrine

Authored - NJ Contract Law Update - A Strong Vote For the Parol Evidence Rule

Article - NJBiz Names Tony Coscia Among "25 Legends"

Authored - NJ Contract Law Update - Under a Broad Arbitration Clause, Everything Except the Validity of That Clause is Arbitrable

Authored - NJ Contract Law Update - Consumer Contracts May Not Be Enforceable Where Commercial Contracts Might Otherwise Be

Authored - NJ Contract Law Update - Court Allows Good Deed to Go Unpunished

Case Development - Bruce Bronster, Michael Resnikoff and Josef Abt Successfully Counsel NYCTL 2009-A Trust in Real Property Tax Lien Foreclosure Action

Authored - NJ Contract Law Update - How to Violate an Express Warranty With "Dead Toes"

Deal Announcement - Karl Piirimae Represents Global Pharmaceuticals Company in Acquisition of Immunotherapy Manufacturing Facility

Article - Crain's Quotes Matt Daus on NYC "Taxi of Tomorrow" Contract Dispute

Authored - Clark Alpert's Article on Economic Loss Doctrine Published by New Jersey Lawyer Magazine

Case Win - Complete Monetary Recovery on Defaulted Loan Facilitated by Mike Moriarty and Rob Wilk

Deal Announcement - Jim Thomas, Wayne Cook, Robert Rossi and Team Represent Joint Venture in $230 Million Construction Loan for High-End Condominium

Authored - NJ Contract Law Update - Formalities Count When Transferring Stock as Part of a Contract

Authored - NJ Contract Law Update - Arbitration Waiver: A Primer

Case Development - Bruce Bronster, Matt Friedenberg and Rob Wilk Counsel Mortgage Loan Servicer in High Profile Mortgage Foreclosure Action

Authored - NJ Contract Law Update - Contract Applicators v. Park Ridge: Sui Generis Contract Issues Involving Government and Construction

Announcement: New York City Releases 2012-2013 Real Estate Tax Rates

Announcement - Windels Marx Commences A Periodic Business Update on Post-Hurricane Sandy Developments

Article - Wall Street Journal Quotes Matt Daus on Taxi App Regulation Proposals

Case Development - Rob Wilk Wins $364 Million Judgment for European Financial Institution

Authored - NJ Contract Law Update - 'Where To Sue' (Redux)