Law Firm Overview

Our firm was founded in 1992 with the intent of providing a superior level of representation to clients seeking careful and thoughtful legal service; clients who recognize the advantages that a personal relationship can bring to both legal planning and the anticipation, avoidance and resolution of legal problems.

We have represented a myriad of private and public parties, large and small, spanning many types of businesses. We often represent, or act on referrals from, attorneys or other professionals.

Our attorneys have dealt with a broad spectrum of litigation matters on behalf of a wide variety of clients, including commercial and governmental entities and private parties. Our firm's collective experience reflects the demonstrated ability to resolve disputes short of litigation when that is possible, or through diligent litigation when necessary to achieve the client's goals.

In our litigation practice area, we have handled matters ranging from traditional contract and corporate matters to business torts, real estate disputes, trade regulation/antitrust, constitutional law, gaming, intellectual property, employment disputes, and other labor issues. We have handled business and governmental disputes from the simplest to the most complex; such as disputes arising from business transactions, corporate/LLC breakups, contentious business acquisitions and their aftermaths, Uniform Commercial Code disputes, issues of professional responsibility and ethics for both attorneys and clients, as well as attorney, architect and accountant malpractice, construction disputes, trademark and antitrust disputes, RICO matters, and complex matters of government structure and regulation. Our firm also has broad experience in complex commercial and creditors' rights cases, including a wide array of matters on behalf of commercial creditors, financial institutions, and obligors; and a large variety of banking matters, including lender liability, letters of credit, banker's blanket bond suits, directors' and officers' liability suits, and failed institutions. We handle appeals as well as administrative proceedings. We also have substantial experience in commercial and residential real estate disputes involving contracts, title, mortgages, zoning and tenancy matters.

We also represent professionals (such as attorneys, physicians, and accountants) in a wide variety of settings, including regulatory and disciplinary matters, employment and partnership issues, contract negotiations, business disputes, arbitrations, private advice on matters of liability, insurance issues and collection matters. Conversely, we have represented aggrieved clients of professionals in a variety of litigation and non-litigation settings.

The firm has also handled a variety of health-care matters. A substantial portion of the firm's clientele includes health care professionals and entities, such as medical practices, individual physicians, paramedics, and others. Services provided have included representation, litigation and arbitration corporate advice, agreement structuring, representation of physicians in connection with disciplinary proceedings and private advice regarding same, physician relationships with hospitals and practices, disputes between practices and individual physicians, patient disputes, subpoenas, employment issues, manuals and policies, whistle-blowing activities, Internet medical practice, and numerous other matters.

We also provide legal assistance in connection with the formation and dissolution of LLC's, corporations, partnerships, and other business entities; preparation or negotiation of shareholder, partnership, and LLC operating agreements; corporate governance issues; liability of officers and directors; office leases; and certain real estate matters. We also prepare a variety of general business agreements, including non-compete, employment, confidentiality, joint venture, and purchase and sale agreements.

Our firm has also provided independent investigations to entities in need of an accurate analysis of employment, professional, or other claims or events that may impact upon the entity's business or liability. Consistent with prevailing law, we handle such investigations with an eye toward complete objectivity and the formulation of conclusions that will guide the entity and limit its legal exposure. The reputations of our partners, established after decades of public or private services, add weight to the results of such investigations.

The experienced members of the firm will also make themselves available for alternate dispute resolution, whether serving as mediators or arbitrators. Experience includes prior designations by the Superior Court of New Jersey to serve as mediator, arbitrator, and special fiscal agent. We also have experience dealing with issues relating to arbitrability, emergent relief pending arbitration, and also related matters. We remain available to assist parties and attorneys with their alternate dispute resolution (ADR) needs, either as neutrals or advocates.

Our firm has also handled a variety of construction disputes and contracts. In addition to representing a number of contractors in connection with disputes with other contractors, construction lien issues, contract drafting, and collection matters, we have also represented property owners in their negotiations and disputes with contractors. We have been successful in utilizing our broader litigation experience to employ procedures and theories sometimes overlooked in such matters. Our representation in connection with the Roberts Home Design dispute, centered in Morris County, New Jersey, has been repeatedly featured in the popular press.

Our firm will also represent individuals who have suffered serious personal injury and financial loss. Such cases include motor vehicle accidents, products liability (defective products), professional malpractice, major frauds, and employment discrimination. In appropriate circumstances, we will also handle select criminal cases on behalf of defendants. Our family law department handles prenuptial agreements, dissolutions, adoptions, guardianships and post-judgment proceedings.

The attorneys in our gaming area have dealt with a variety of issues, including disputes arising from the sale or purchase of casinos, State and Federal legislation, regulation, forfeitures and issues of prosecution, intellectual property, international conflicts of law, internet usage, jurisdiction, ordinary and extraordinary collection procedures, and a number of other matters. We have represented nationally and internationally known casino hotels and other gaming interests.

Our attorneys have handled a number of high-profile litigation matters in both New Jersey and New York, and in both State and Federal Court; including Packard-Bamberger & Co., Inc. v. Collier, 167 N.J 427, 771 A.2d 1194 (2001) (one of the leading New Jersey cases on attorney liability); Grubbs v. Knoll, 376 N.J.Super. 420, 870 A.2d 713 (App. Div. 2005) (a leading New Jersey case on such basic issues as allocation of fault, attorney responsibility, and the Consumer Fraud Act); Marshall v. Matthei, 327 N.J. Super, 512, 744 A.2d 209 (App. Div. 2000) (a creditor's-rights suit utilizing a Writ of Capias'); Urban Archaeology Ltd. v. Dencorp Investment Inc., 12 A.D. 3d 96, 783 N.Y.S.2d 330 (1^st Dept 2004) (a prominent partnership dispute); Samantha Enterprises v. Elizabeth Street, 5 A.D. 3d 280, 774 N.Y.S. 2d 681 (1^st Dept. 2004) (an important business opportunity' case); Twp. of West Orange v. Whitman, et al., 8 F.Supp.2d 408 (D.N.J. 1998) (prominent land use case); Katz v. United Mizrahi Bank Ltd. v. Citibank, 248 A.D.2d, 359, 669 N.Y.S.2d 823) (2d Dept. 1998) (letter-of-credit litigation on behalf of bank); Ideal v. John Labatt Ltd., 1992 U.S.Dist.LEXIS 20467 (D.N.J. 1992) (a novel antitrust case); In re Kennedy Mortgage Co., 17 B.R. 957 (D.N.J. 1982) (establishing the law nationwide regarding securitizing warehouse lines' of credit); In Re Bona, 110 B.R. 1012 (Bktcy. S.D.N.Y 1990), affd. 124 B.R. 11 (S.D.N.Y. 1991) (in which counsel represented both Golden Nugget, Inc. and the Federal Deposit Insurance Corporation); Marshall v. Fenstermacher, 388 F.Supp.2d 536 (E.D. Pa. 2005) (cutting-edge' issues of attorney duties to non-clients and RICO liability); U.S. v. $734,578.82 in U.S. Currency, 286 F.3d 641 (3d Cir. 2002) (prominent gaming litigation); and Resorts Casino Hotel v. Greate Bay t/a Sands Hotel Casino, 1991 WL 352487 (D.N.J. 1991) (prominent trademark litigation). We have also handled numerous administrative and arbitration matters, ranging from the ordinary' to the highly sophisticated.

Our attorneys have also represented a number of clients, domestic and foreign, whose interests have required an appreciation and application of international law. In these matters, we have explored the effect of treaties, conventions, pacts, and common law upon our clients' rights. These matters have involved transactions and litigation with both domestic and foreign aspects, implicating the rights of multinational companies, the permissible extent of jurisdiction under the Internet or other electronic commerce, quasi in rem jurisdiction and other related issues. Where necessary, we have coordinated with foreign counsel to achieve our clients' objectives.

In addition, our attorneys have provided representation before the New Jersey Supreme Court and other state and federal courts for trade associations and other clients wishing to appear as amicus, intervenor, or in representative capacity; including helping to successfully argue on behalf of amici trade organizations for the grant of certification in MetLife Capital v. Washington Avenue, 159 N.J. 484, 732 A.2d 493 (1999) , to challenge the lower court's opinion in 313 N.J. Super. 525, 713 A.2d 527 (App. Div. 1998) (calling into question the validity of ubiquitous late fees and enhanced default interest rates), and ultimately reversal, 159 N.J. 484 (1999) . See also In re Kennedy Mortgage, 17 B.R. 957 (D.N.J. 1982) (successfully suggesting the appropriate rule nationwide as to security interests in mortgage warehousing lines); Lemelledo v. Beneficial Mgmt Corp. of America, 150 N.J. 255, 696 A.2d 546 (1997) ; MBA-NJ v. New Jersey Real Estate Commission, 200 N.J. Super. 584, 491 A.2d 1317 (App.Div. 1985), remanded 102 N.J. 176, 506 A.2d 733 (1986) , affirmed after remand 283 N.J. Super. 233, 661 A.2d 832 (App.Div. 1995) (Association allowed to proceed as a party); City of Elizabeth v. SERV , Docket No. L-7274-91 (N.J. Law Div.) (represented intervenor neighborhood association in group home land use dispute).

The firm also has appeared in a number of class-action matters, on both sides'. For instance, the firm obtained dismissal of a purported class action challenging ubiquitous provisions requiring the borrower to pay a lender's closing attorney. The firm also acted as part of a defense team that defeated a group plaintiff' securities action. Conversely, the firm appeared as plaintiffs' local counsel in successful class-action litigation where the Court certified a nationwide class alleging consumer fraud against a major lender, based on the lender's alleged failure to properly credit late mortgage payments. Keller v. First Union Corporation, et al., Docket No. UNN-L-3740-01 (N.J. Law Div.).

We are also familiar with limited and special appearances on behalf of foreign and out-of-state clients, and in quasi-in-rem or in rem cases. In addition, our attorneys have acted as local counsel in both litigation and transactional matters, ranging from commercial contracts to intellectual property matters to financial and regulatory issues to special proceedings such as depositions in aid of proceedings in other jurisdictions. Because our attorneys have had substantial experience dealing with antitrust and trademark matters, we can also act as local counsel in such matters.

Areas of Practice

• Administrative Law
• Alternative Dispute Resolution
• Antitrust & Trade Regulation
• Banking & Finance Law
• Bankruptcy Law
• Business & Commercial Law
• Contracts
• Business Organizations
• Collections
• Constitutional Law
• Construction Law
• Election Campaign & Political Law
• Employment Law -- Employee
• Employment Law -- Employer
• Ethics & Professional Responsibility
• Gaming Law
• Social Security -- Disability
• Health & Health Care Law
• Insurance Law
• Intellectual Property Law
• Trademarks
• Internet - Cyberspace
• Labor Law
• Litigation & Appeals
• Professional Malpractice Law
• Legal Malpractice
• Real Estate Law
• Land Use & Zoning
• Landlord/Tenant
• State, Local & Municipal Law
• Business Torts
• Real Estate Dispute
• Trade Regulation
• UCC Disputes
• Creditor's Rights

Representative Cases

• Packard-Bamberger & Co. , Inc. v. Collier, 167 N.J. 427,771 A.2d 1194 (2001)
• Grubbs v. Knoll, 376 N.J.Super. 420, 870 A2d 713 (App. Div. 2005)
• Marshall v. Matthei, 327 N.J. Super, 512, 744 A2d 713 (App. Div. 2000)
• Urban Archaeology Ltd. v. Dencorp Investments Inc., 12 A.D. 3d 96, 783 N.Y.S.2d 330 (1st Dept. 2004)
• Samantha Enterprises v. Elizabeth Street, 5 A.D. 3d 280, 774 N.Y.S. 2d 681 (1st Dept. 2004)
• Ideal Dairy Farms, Inc. v. Farmland Dairy Farms, Inc, 282 N.J.Super 140, 659 A.2d 904
• Twp. of West Orange v. Whiteman, et al., 8 F.Supp.2d 408 (D.N.J. 1998)
• Katz v. United Mizrahi Bank Ltd. v. Citibank, 248 A.D.2d, 359, 669 N.Y.S.2d 823 (2nd Dept. 1998)
• Ideal v. John Labatt Ltd. , (U.S. Dist. 1992)
• Marshall v. Fenstermacher, 388 F.Supp.2d 536 (E.D. Pa. 2005)
• USA v. $734,578.82 in U.S. Currency, 286 F.3d 641 (3rd Cir. 2002)
• Resports Casino Hotel v. Greate Bay t/a Sands Hotel Casino, 1991 WL 352487 (D.N.J. 1991)
• MetLife Capital v. Washington Avenue, 159 N.J. 484, 732 A.2d 493 (1999)
• Lemelledo v. Beneficial Mgmt. Corp. of American, 150 N.J. 255, 696 A.2d 546 (1997)
• MBA-NJ v. New Jersey Real Estate Commission, 200 N.J. Super. 584, 491 A2d 1317 (App. Div. 1985)
• Keller v. First Union Corporation, et al., Docket No. UNN-L-3740-01 (N.J Law Div.)

West Practice Categories

Administrative Law, Alternative Dispute Resolution, Antitrust & Trade Regulation, Trade Regulation, Bad Faith Insurance, Banking & Finance Law, Business & Commercial Law, Contracts, Debtor/Creditor, Business Organizations, Collections, Constitutional Law, Construction Law, Employment Law -- Employee, Employment Law -- Employer, Ethics & Professional Responsibility, Gaming Law, Health & Health Care Law, Insurance Law, Intellectual Property Law, Trademarks, Internet -- Cyberspace, Labor Law, Litigation & Appeals, Professional Malpractice Law, Legal Malpractice, Real Estate Law, Land Use & Zoning, Landlord/Tenant, State, Local & Municipal Law