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NEWS
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Lindabury Shareholders to Speak on Withdrawal Liability
May 8, 2013
Attorneys James K. Estabrook and Elizabeth E. Manzo will be presenting a special seminar entitled “Withdrawal Liability Asked and Answered: All the Questions You Didn’t Know You Wanted to Ask.” This seminar will be presented to the New Jersey members of NECA on Thursday, May 9th from 1:00 p.m. – 4:00 p.m. at the Holiday Inn, Clark, NJ. This seminar will be sponsored by the New Jersey Chapter's Education Committee. For more information, please click here.
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Tax Attorney Addresses State of Limitations with Respect to Unreported Foreign Source Income
May 6, 2013
Tax attorney, Robert S. Schwartz has written an article that appeared in the February-March 2013 issue of the Journal of Tax Practice & Procedures. The article entitled “Statute of Limitations: IRS Examination Goes Too Far In Extending Statute of Limitations for Unreported Foreign Source Income” examines whether the amendments to Code Sec. 6501 (e)(1) by the Hiring Incentives to Restore Employment Act keep open the statutes of limitations for unreported foreign source income. To read the article, please click here.
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Attorney to Speak to Summit Area AARP
Apr 23, 2013
On April 22, 2013, attorney, Elizabeth E. Manzo presented in front of the Summit area AARP. The presentation, which took place at St. John’s Lutheran Church, 587 Springfield Avenue, Summit began at 10:00 a.m. Elizabeth dealt with elder law issues as well as estate planning issues.
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Acquiring and Managing a Once-Bankrupt New Jersey Hospital
Apr 18, 2013
On April 16, 2013, Scott C. Pyfer participated in and moderated a panel discussion entitled “Acquiring and Managing a Once-Bankrupt New Jersey Hospital,” which took place at a joint breakfast meeting of the Association For Corporate Growth, New Jersey Chapter and the Turnaround Management Association, New Jersey Chapter. Scott led a presentation regarding recent Chapter 11 bankruptcy cases involving New Jersey hospitals, reviewing the challenges and opportunities that relate to the operation and management of a hospital in New Jersey.
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Lindabury Attorneys to Speak on Withdrawal Liability
Apr 8, 2013
Attorneys James K. Estabrook and Elizabeth E. Manzo will be presenting a special seminar entitled “Withdrawal Liability Asked and Answered: All the Questions You Didn’t Know You Wanted to Ask.” This seminar will be presented to the members of the Mechanical Contractors Association of New Jersey (MCANJ), Mechanical Contracting Industry Council of New Jersey (MCIC) and any employee sponsored by a contributing contractor to the MCANJ / MCIC on Thursday, May 16th from 4:00 p.m. – 8:00 p.m. at the Woodbridge Hilton, Iselin, NJ. For more information, please click here.
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The New Form I-9 Has Just Been Released
Apr 5, 2013
On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published the newly revised Employment Eligibility Verification Form I-9, which employers are required to use to verify the employment authorization of all newly hired employees. Please click here for additional information.
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Ten Lindabury Attorneys Named New Jersey Super Lawyers and Three Named as Rising Stars
Apr 2, 2013
Lindabury announced today that 13 of the firm's attorneys in have been recognized by Super Lawyers as leaders in their respective practices. Three of these attorneys were named by the publication as "Rising Stars." Peter M. Burke, Barry Donohue, Jerry English, Edward Frisch, David Hardin, Joseph Imbriaco, Jay Lavroff, Scott Pyfer, Frederick ("Bud") Rose, and John Schmidt were listed as Super Lawyers and Sergio Simoes, Joshua Sklarin, and Kenneth Soriero were listed as Rising Stars in the March supplement to New Jersey Monthly Magazine. Attorneys are selected for this recognition after a rigorous screening process that includes peer recognition and review by a blue ribbon panel in their respective practice areas.
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Red Bank Attorney Addresses The New Jersey Private Investigators Association
Mar 13, 2013
On March 12, 2013, Divorce and Family Law attorney, Tracy Julian spoke to the New Jersey Licensed Private Investigators Association. The presentation, which took place at Connelly Station in Belmar, New Jersey, dealt with issues in Cohabitation, Spousal Support and Privacy.
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Lindabury Attorneys Participate in the Vincent J. Apruzzese High School Mock Trial Competition
Feb 13, 2013
On January 10, 14, and 16, 2013, Lindabury attorneys Jay Lavroff, Thomas J. Sateary, Steven Backfisch, Scott C. Pyfer, Blake C. Width, Joshua S. Sklarin, Scott D. Zucker, Denise Del Priore and Silvia F. Courtney served as mock trial judges for the initial rounds of the 2013 Vincent J. Apruzzese Mock Trial Competition, a state-wide high school mock trial competition sponsored by the New Jersey State Bar Foundation and the Union County Bar Association. Andrew J. Gibbs serves as the coordinator of the Union County competition.
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American Taxpayer Relief Act of 2012
Feb 4, 2013
Tax Attorney Monica Huh has written a Client Alert summarizing the recently enacted American Taxpayer Relief Act of 2012 . To read this alert, please click here.
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School Bullying: A Legal Primer
Jan 25, 2012
Education Law attorney, Jeffrey R. Merlino was one of the featured speakers at the 2012 School Bullying Seminar on January 24, 2013. This conference was sponsored by the National Business Institute and was held at the Doubletree By Hilton Newark Airport, Newark, NJ. Jeff discussed Laws Governing Student Bullying. For additional information, please click here.
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Bankruptcy Attorney Addresses the Fiscal Cliff
Jan 10, 2013
Scott C. Pyfer presented at the January 9, 2012, meeting of the New Jersey Real Estate Social Network. He spoke on Climbing the "Fiscal Cliff" and How it Could Affect You. The presentation, which took place at Gran Centurions, Clark, New Jersey, is part of a monthly series of meetings of the Social Network. To view Scott's presentation, please click here.
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Lindabury, McCormick, Estabrook & Cooper, P.C. Announces Two New Shareholders and Two New Partners
Jan 10, 2013
Lindabury, McCormick, Estabrook & Cooper, P.C., a general practice firm with offices in New Jersey, New York, and Philadelphia, announced today that Dennis McKeever and Thomas J. Sateary have been elevated to shareholders of the firm and Jennifer A. Osborne and Kenneth J. Soriero have been elevated to partners, effective January 1, 2013. The attorneys have practices in Education Law, Commercial Litigation and Construction Law.
"Over the years each of these attorneys has demonstrated his and her legal skills and sound judgment in giving counsel to the firm’s clients." says firm president John Blasi. "They are all team players and have always been reliable in whatever we have called upon them to do. We anticipate their contributions to the firm will ensure our continued success."
Dennis McKeever focuses his practice on education law, labor and commercial litigation. Dennis has represented public sector clients, including boards of education and police labor organizations, before the Public Employment Relations Commission (PERC). He has appeared before the Office of Administrative Law, Superior Court, and various municipal planning and zoning boards on behalf of owner/developers. He received his Juris Doctorate degree from Seton Hall University School of Law, where he won the award for the Best Oralist in the Appellate Advocacy Program, and his Bachelor of Arts degree from Lafayette College.
Thomas J. Sateary concentrates his practice in general and commercial litigation and municipal law and land use. His trial and dispute resolution experience encompasses a wide variety of matters, including the defense of automobile distributors and dealers against breach of warranty and "lemon law" actions, as well as contract matters. He also has significant experience in employment, personal injury and insurance defense cases. Tom received his Juris Doctorate degree from Seton Hall University School of Law where he was the Managing Editor of the Seton Hall Legislative Journal. He received his Bachelor of Arts degree from Syracuse University and his Master of Public Administration degree from the State University of New York at Albany. In 2004, Tom received his Diplomate in New Jersey Local Government Law from Rutgers University.
Jennifer A. Osborne focuses her practice on education law and probate. In the area of education law, Jennifer has extensive experience with representing boards of education in a variety of areas, including personnel matters; labor and individual contract negotiations, and student issues. Jennifer has presented at various education workshops including the New Jersey School Boards Law Forum and the New Jersey Association of School Business Officials Winter Seminar. Prior to joining Lindabury, Jennifer clerked for the Honorable Miriam N. Span, J.S.C., Presiding Judge - Chancery Part, General Equity and Probate Division. She received her Juris Doctorate degree from Seton Hall University School of Law where she was a Centennial Scholar and member of the Interscholastic Moot Court Board. She received her Bachelor of Arts degree from the University of Florida.
Kenneth J. Soriero has focused his practice on construction, labor and tax law matters. In the area of construction law, Ken has represented owners, contractors and specialty trade subcontractors in all phases of construction litigation in both the public and private sector. Ken also has significant experience in public contracts law representing clients in bid disputes and protests. He is knowledgeable with New Jersey’s Municipal Mechanics’ Lien Law, New Jersey’s Construction Lien Law and New Jersey’s Bond Act and has extensive experience regarding payment issues and disputes on construction projects. In 2011, Ken was selected as a New Jersey Super Lawyer Rising Star in the area of Construction Litigation. He received his Juris Doctorate degree from Seton Hall University School of Law, where he earned his J.D., magna cum laude in 2005. He is a graduate of Villanova University, where he earned his B.S., cum laude in 2000.
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Lindabury Attorneys Participate in 2013 Advanced Trustees Institute
Jan 8, 2013
Attorneys James K. Estabrook and Elizabeth E. Manzo will be presenting at the 2013 Advanced Trustees Institute sponsored by the International Foundation of Employee Benefit Plans. This conference will be held on Monday, February 18 - Wednesday, February 20, 2013 at Buena Vista Palace, Lake Buena Vista, Orlando, Florida. On Monday, February 18, from 1:15 p.m. – 2:30 p.m., Elizabeth will be presenting on Withdrawal Liability. On Tuesday, February 19, from 9:00 a.m. – 10:15 a.m., Jim will be speaking on Making Realistic Plan Assumptions and on Wednesday, February 20, from 10:30 a.m. – 11: 45 a.m., Jim will be a Co-Roundtable Leader on the Construction Industry Roundtable. Both Jim and Elizabeth will participate in a repeat of these presentation at the June 24-25 Institutes in San Francisco, California. For more information, please click here.
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Now Might Be the Time to Consider Filing a Property Tax Appeal
Jan 3, 2013
Property owners have begun receiving tax assessment information for their homes for 2013. Owners have the right to appeal these assessments in an effort to reduce the amount of taxes the will have to pay on their home and property. But you need to act quickly before the deadlines pass. If you are interested in filing an appeal, you might begin by reading Tom Sateary's article explaining the process. Tom has been successfully assisting clients in the appeal process for several years. To read Tom's article, please click here.
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Monica J. Huh Quoted in Article on Hurricane Sandy Tax Relief Act of 2012
Dec 18, 2012
Tax attorney, Monica J. Huh, was quoted in the online version of the December 14, 2012 issue of Asbury Park Press. The article "Legislation would allow taxpayers to deduct more storm losses" discusses how the Hurricane Sandy Tax Relief Act of 2012 would remove limits on what is known as the Casualty Loss Deduction as applied to taxpayers who incurred uninsured losses caused by Hurricane Sandy. To read the article, please click here.
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Lindabury, McCormick, Estabrook & Cooper, P.C. and Children’s Specialized Hospital Team Up For The Holiday Season
Dec 18, 2012
The law firm of Lindabury, McCormick, Estabrook & Cooper, P.C., has again teamed up with its client Children’s Specialized Hospital, of Mountainside, to host a contest that gives the young patients of the hospital an opportunity to use their creative talent to help design the firm’s holiday card.
Nine talented children from the Outpatient Brain Injury Program in Mountainside submitted drawings in this year’s contest. Employees of the firm voted for the best drawing to be reproduced as the firm’s holiday card.
Karmen, age 21, from the Mountainside, N.J., site of Children's Specialized, created this year’s card. On December 10, at Children’s Specialized Hospital in Mountainside, Lindabury Shareholder Edward J. Frisch presented the nine artists with awards for their drawings. The firm provided presents to all of the children who participated.
"We love this program and are very fortunate that the Hospital continues to team up with us year after year to make it happen," said Mr. Frisch. "It’s a great way to approach the holidays with the achievements of young children in mind."
Children’s Specialized Hospital serves children affected by brain injury, spinal cord injury, premature birth, autism, developmental delays, and life-changing illnesses. Children’s Specialized Hospital has ten sites in New Jersey and treats 20,000 children each year, making it the largest pediatric rehabilitation system of its kind in the nation.
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Lindabury Attorney Testifies Before The New Jersey Assembly Committee in Opposition to Proposed Design-Build Legislation
Dec 17, 2012
On December 6, 2012, Edward Frisch, a Partner in the Construction Law Group appeared before the New Jersey Assembly Committee on Housing and Local Government to testify in opposition to proposed “design-build” legislation, identified as Assembly Bill No. 1332. Mr. Frisch represented the Mechanical Contractors Association of New Jersey, which in turn represents the interest of its over 80 membership contracting firms, as well as another 250 Union employing mechanical construction and services companies throughout New Jersey. For a copy of Mr. Frisch’s written analysis and objections presented to the Committee, please click here.
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Tax Relief in the Wake of Hurricane Sandy
Dec 14, 2012
Hurricane Sandy caused billions of dollars worth of damage in New Jersey alone. There are several types of tax relief available to those who have been affected by the storm, as well as to employers who are finding ways to help their employees. Tax Attorney Monica Huh has written a client alert that reviews some of the relief that is available. Read more.
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ADR Practitioner John Boyle Voted "Best Mediator"
Dec 14, 2012
Based on a survey of the legal community conducted by the New Jersey Law Journal, Lindabury's John M. "Jack" Boyle has been names one of the "Best Mediators" in New Jersey. Mr. Boyle spent 17 years on the bench before re-entering private practice. Since that time he has provided mediation and arbitration services in more than 600 cases. To read more about Jack Boyle, please click here....
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Andrew J. Gibbs Sworn in as a Trustee of the UCBA
Dec 10, 2012
On November 30, 2012, Andrew J. Gibbs was installed as a Trustee of the Union County Bar Association. Andrew is following in the footsteps of other Lindabury lawyers to hold positions with in the UCBA. James McGlew and Jay Lavroff both served as presidents of the Association.
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Lindabury Attorneys Participate in 2012 Industry Improvement Funds Conference
Dec 8, 2012
James K. Estabrook and Elizabeth E. Manzo presented at the 2012 Industry Improvement Funds Conference sponsored by the MCAA’s Industry Improvement Funds Committee. The conference was held from December 5-7, 2012, Longboat Key Club, Longboat Key, Florida. Jim presented on the Industry Fund Update, Affordable Care Act & PPA Sunset Issues. Jim and Elizabeth presented on Industry Improvement Fund Survey. For more information, please click here.
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TEACH-NJ Act Update
Nov 27, 2012
The Department of Education recently provided additional guidance regarding the Teach-NJ Act. Previously it was unclear as to the precise effective date of the Act for tenure acquisition purposes. Click here to read more.
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Lindabury Attorney Participates in Roundtable to Discuss NJ Spill Act
Nov 27, 2012
On September 26, 2012, in perhaps the most significant New Jersey environmental decision in the last thirty years, the New Jersey Supreme Court in New Jersey Department of Environmental Protection v. Dimant dealt a major blow to the NJDEP's strategy of pursuing business owners for cleanup costs under New Jersey's Spill Compensation and Control Act without sufficient evidence linking those businesses to the contamination and alleged damage at issue.
On Wednesday, November 28 at 12:00-1:00 p.m., Jerry English participated in a roundtable webinar to discuss this recent decision, its implications for future cleanup efforts, and the burden of proving causation that the decision imposes. For more information on this free webinar, please click here.
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Lindabury Attorney Argues That Pennsylvania Statute Doesn’t Allow for Attorney Fees
Nov 16, 2012
On July 13, 2012, the Honorable Judge Annette M. Rizzo, Judge in the Philadelphia Court of Common Pleas, granted Lindabury's Motion for Summary Judgment, holding that the Pennsylvania Lemon Law does not require a vehicle manufacturer to pay attorneys’ fees where a dispute is resolved through the manufacturer’s Better Business Bureau AutoLine program. Lindabury represented two of its automobile manufacturer clients, Volkswagen Group of America and Nissan North America, in the action. Toyota and Kia intervened in the action. Lindabury Shareholder, Anne S. Burris, and associate Joshua Sklarin, prepared the brief and argued the motion before the court. The ruling is just the latest such ruling to make this determination. Lindabury partner Thomas Sateary has successfully argued the same issue in the New Jersey Superior Court. Similar rulings have also been issued in Florida and Delaware.
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Lindabury Attorney Participates in the 58th U.S. Annual Employee Benefits Conference
Nov 13, 2012
James K. Estabrook was a presenter at the 58th Annual Conference for the International Foundation of Employee Benefit Plans, November 11- 12, 2012 in San Diego, CA. Jim participated as a co-panelist on "Knowing When to Pull the Plug" and as a co-panelist on "The Sunset of the Pension Protection act – What has PPA Achieved?". Additional information on the conference or sessions can be found here.
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Environmental Issues in Real Estate Transactions
Nov 13, 2012
Environmental and Real Estate attorney, Vito A. Pinto was one of the featured speakers at the 2012 Real Estate Law: Advanced Issues and Answers Seminar on November 13, from 8:00 a.m. - 4:30p.m.. This conference was sponsored by the National Business Institute and was held at the Doubletree By Hilton Newark Airport, Newark, NJ. Tony discussed Environmental Issues in Real Estate Transactions. For additional information, please click here.
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Lindabury Attorney presents at monthly meeting of NJSA
Oct 26, 2013
Scott C. Pyfer was a presenter at the New Jersey Subcontractors’ Association membership dinner meeting on October 25, 2012 in Woodbridge, New Jersey. Scott presented on "Are You Prepared If A Customer Files A Bankruptcy Case."
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Lindabury Wears Denim to Fight Breast Cancer
Oct 15, 2012
The law firm of Lindabury, McCormick, Estabrook & Cooper P.C., participated in the Annual Lee National Denim Day®, the largest single-day fundraiser for the fight against breast cancer. In what has become an annual event at the firm, employees were permitted to wear jeans if they made a $5.00 donation to the American Cancer Society.
Since its inception in 1996, Lee National Denim Day has raised nearly $86 million for the fight against breast cancer and each year unites nearly one million supporters nationwide. Proceeds from this fundraiser will be donated to cancer programs across the country and in our community.
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Historically Low Interest Rates Create Attractive Estate Planning Opportunities
Oct 4, 2012
Tax Attorney, Monica Huh has written an alert that suggests clients comprehensively review their estate planning documents due to the current low interest rate environment. Intra-family loans are particularly attractive due to low Applicable Federal Rates. The Section 7520 Rate is also at a historical low, making it an ideal time for those owning assets with high potential for appreciation to establish Grantor Retained Annuity Trusts and Charitable Lead Annuity Trusts. These estate planning techniques would allow for the removal of future appreciation from the estate. The author further notes that clients may also want to consider the use of outright gifts in their estate and gift tax planning as the current exclusion amount of $5.12 million per individual is scheduled to revert to $1 million in 2013.
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Lindabury Adds New Associate
Oct 2, 2012
Lindabury, McCormick, Estabrook & Cooper P.C., has added Steven Andreacchi as an associate to the firm. Steven is a 2012 graduate of the Rutgers School of Law. He also has a masters degree in Communications from Hawaii Pacific University, Honolulu, HI, and his bachelor’s from Drew University in Madison, NJ. Steven served as a summer associate with the firm in 2011.
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Lindabury Adds EdLaw and Criminal Law Attorney to Red Bank Office
Sep 27, 2012
Lindabury, McCormick, Estabrook & Cooper P.C. has added Marcie L. Mackolin to its Red Bank office. Marcie has been practicing law for more than ten years, primarily in the areas of labor, education, criminal and municipal law. For several years she has been a union attorney for the New Jersey Education Association. At Lindabury, Marcie will focus her practice on representing boards of education in a variety of areas, including special education. She will also represent public employees regarding pension issues, primarily disability pension applications, and criminal and municipal court matters.
Marcie received her law degree from Seton Hall University School of Law, and earned a B.A. in Communications and a B.S. in Criminology from Douglas College, Rutgers University. She was a law clerk in the private practice of The Honorable Herbert J. Stern, retired Judge of the District of New Jersey.
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Several Lindabury Attorneys Make List of Best Lawyers in America® 2013
Sep 25, 2012
Eight lawyers at Lindabury, McCormick, Estabrook & Cooper have been selected for inclusion in the 2013 edition of The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, S.C.). Six lawyers were previously ranked in their respective practice areas, two attorneys were ranked for the first time, and two were selected in more than one practice area.
Best Lawyers ranks lawyers through peer-review surveys, and has been published annually since 1983. The following Lindabury lawyers, listed alphabetically by city with their corresponding ranked practice areas, were named to this year's Best Lawyers list:
Summit, NJ
David G. Hardin, Trusts and Estates
Joseph E. Imbriaco, Trusts and Estates
Westfield, NJ
John R. Blasi, Trusts and Estates
John M. Boyle, Arbitration and Mediation
Peter M. Burke, Litigation - Trusts and Estates
Edward J. Frisch, Litigation - Construction
Jay Lavroff, Insurance Law
John H. Schmidt, Jr. - Employment Law - Management; Litigation - Labor & Employment
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Lindabury's Kenneth J. Soriero Receives New Leader of the Bar Award
Sep 18, 2012
Kenneth J. Soriero has been named one of New Jersey Law Journal’s "New Leaders of the Bar" (formerly called the "40 Under 40" list). This is a distinguished award given to young New Jersey attorneys who stand out among their peers.
"We are thrilled to announce this achievement for Ken," says John R. Blasi, President, Lindabury, McCormick, Estabrook & Cooper. "Ken's inclusion on this impressive list is a reflection of his dedication to our clients and firm."
Ken has focused his practice on construction where he has represented owners, contractors and specialty trade subcontractors in all phases of construction litigation in both the public and private sector. Ken has significant experience regarding payment issues and disputes on construction projects, as well as representing clients in bid disputes and protests. He also has extensive knowledge of New Jersey’s Municipal Mechanics’ Lien Law, New Jersey’s Construction Lien Law and New Jersey’s Bond Act.
Ken has served as the Westfield Planning Board Attorney since 2011 and was selected as a New Jersey Super Lawyer Rising Star in the area of Construction Litigation in 2011 and 2012.
Ken is a graduate of Seton Hall University School of Law, where he earned his J.D., magna cum laude in 2005. He is a graduate of Villanova University, where he earned his B.S., cum laude in 2000.
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Lindabury Attorney presents at New Jersey Real Estate Social Network Meeting
Sep 13, 2013
Scott C. Pyfer was a presenter at the September 12, 2012, meeting of the New Jersey Real Estate Social Network. He spoke about legal issues relating to Bankruptcy And Debt Resolution. The presentation, which took place at Gran Centurions, Clark, New Jersey, was part of a monthly series of meetings of the New Jersey Real Estate Social Network.
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LINDABURY HOSTS DEPARTMENT OF ENVIRONMENTAL PROTECTION DEPUTY COMMISSIONER
July 19, 2012
On June 28, 2012, Lindabury, McCormick hosted a Environmental Breakfast Seminar that Irene Kropp, Deputy Commissioner, New Jersey Department of Environmental Protection, discussed the implementation of the Department's waiver rule, the Licensed Site Remediation Professional (LSRP) program, and other issues of interest to the business community. The seminar was entitled DEP Priorities and took place at Baltusrol Golf Club.
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PALIMONY COMES UNDER THE STATUTE OF FRAUDS
June 21, 2012
Family Law attorney, Tracy Julian, has published an article entitled "Palimony Comes Under the Statute of Frauds" that appeared in the June 18, 2012 issue of The New Jersey Law Journal. The article discussed that while agreements betweeen unmarried cohabitants are legal and enforceable, any such agreements entered into after January 18, 2010, must be in writing and reviewed by independent legal counsel pursuant to the January 2010 amendement to the NJ Statute of Frauds, N.J.S.A. 25:1-5(h). Cohabitation agreements entered into prior to the date of the amendment should be enforced pursuant to the NJ appellate court decision in Botis v. Kudrick, 421 N.J. Super. 107 (App. Div. 2011) and general principles of contract law. To read the article, please click here.
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NEW IMMIGRATION POLICY TO PROTECT YOUNG ILLEGAL IMMIGRANTS
June 18, 2012
Immigration Law attorney Deborah Klahr has written a brief Client Alert discussing the highlights of the new immigration policy announced by President Obama. To read the Alert, please click here.
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EMPLOYMENT LAW ISSUES MADE SIMPLE
June 14, 2012
On June 13, 2012, Kathleen M. Connelly participated in a seminar sponsored by the National Business Institute entitled Employment Laws Made Simple. Kathleen spoke on "Internal Investigations and Employment Laws You Need to Be Familiar With". The seminar ran from 8:30 a.m. - 4:40 p.m. and was held in Newark, NJ.
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SUMMER ASSOCIATES JOIN LINDABURY TEAM
June 7, 2012
Lindabury welcomes Matthew Frisch, David Murphy and Sarah Zucco as summer associates to the firm. Matthew is studying at Seton Hall University School of Law. Matthew is a member of the Dispute Resolution Society, is on the Seton Hall Circuit Review and last summer, clerked for Judge Cecchi in the US District Court in Newark. David is also studying at Seton Hall University School of Law and is currently on the Seton Hall Law Review. In the fall, he clerked with Judge Schwartz, the Magistrate Judge at the US District Court in Newark, and last summer, he clerked with Superior Court Judge Ironson in Morristown. Sarah is studying at American University College of Law in Washington, D.C. She is the VP of alumni relations of the Communication and Media Law Society. She recently worked at the Federal Communications Commission and last summer at the NJ Attorney General's Office in Newark. Matthew, David and Sarah will be assisting our attorneys with research and special projects before returning to law school in August.
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LINDABURY CLIENT REAL ESTATE TRANSACTION EARNS NAIOP “DEAL OF THE YEAR” AWARD
May 25, 2012
Lindabury congratulates its client Elberon Development Co., LLC for receiving the "Creative Industrial Deal of the Year" Award from NAIOP Commercial Real Estate Development Association's New Jersey Chapter. The award was presented at NAIOP NJ's 25th Annual Commercial Real Estate Awards Gala on May 17, 2012.
Lindabury is proud to have represented Elberon Development Co., LLC in connection with this innovative redevelopment project, which will result in the construction of a state-of-the-art 524,000 distribution center in Elizabeth, New Jersey for long-time Elberon tenant Wakefern Food Corp. The project involves a long-term build-to-suit lease, land assemblage, temporary relocation of Wakefern to another location, coordination of incentives and approvals, bond and conventional mortgage financing, demolition of the existing facility, and construction of the new facility. The groundbreaking ceremony for the new facility occurred on May 23, 2012.
As part of a large professional project team, Lindabury partner Robert S. Burney negotiated the long-term build-to-suit lease with Wakefern and handled the required land assemblage; Partners Greg K. Vitali and Dennis McKeever negotiated the construction contracts; and Partner Gary F. Danis oversaw the environmental law aspects of the transaction.
The bulk of the legal work for this complex project, including the financing, was completed within 5 months.
This project will provide significant economic benefit to the City of Elizabeth, including the preservation of nearly 350 jobs and the creation of a similar number of new jobs.
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LINDABURY DEFENDS FIRST AMENDMENT RELIGIOUS CLAUSES IN TAX CASE
May 7, 2012
Lindabury attorneys, Robert S. Schwartz, Peter M. Burke and Monica Vir, are engaged in United States Tax Court collection due process litigation with the Internal Revenue Service in a case implicating the First Amendment right of churches to choose their ministers, ministers rights to freely practice their church duties, and the relationship of the Religious Freedom Restoration Act (the "RFRA") to these constitutionally protected aspects of citizenry. The case involves a controversy over a taxpayer’s proposed payment plan for liabilities admittedly owed to the IRS. The taxpayer is seeking to make monthly payments without having to sacrifice the tithe he is required to pay in order to serve as a church minister.
In dispute is whether the IRS’s rejection of the payment schedule proposed by the taxpayer allowing for his tithing expense contravenes the requirement that the IRS collect by the least restrictive means available. Among other arguments, Lindabury seeks to establish as a factual predicate that sacrificing the payment of the tithe would force the taxpayer to resign from his ministerial positions because ministerial tithing is a requirement of the denomination in question. Additionally, Lindabury argues the RFRA precludes the IRS from unduly burdening a minister’s free exercise of religion, in the furtherance of the compelling government interest in collecting taxes. Lindabury further argues that the IRS can collect by employing the least restrictive means available because Congress has allowed it to collect taxes by means of a partial payment plan since 2004.
After nearly three years of court action, post-trial briefs have been recently filed by both sides with United States Tax Court Judge Robert Ruwe. The parties are awaiting a final decision.
Lindabury attorney Robert S. Schwartz comments, "While a tax controversy, this case presents issues within the mainstream of recent First Amendment Religious Clause jurisprudence as represented by recent Supreme Court decisions in Hosanna-Tabor Evangelical Church and School v. EEOC, ___ U.S. ___ (Jan. 11, 2012) and Arizona Christian School Tuition Organization v. Winn et al. ___ U.S. ___ (April 4, 2011)."
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ATTORNEY SPEAKS ON MULTIEMPLOYER DEFINED BENEFITS PENSION PLAN DEVELOPMENTS
Mar 23, 2012
James K. Estabrook presented "What You Need to Know about Multiemployer Defined Benefit Pension Plan Developments" at the Mechanical Contractors Association of America, Annual Convention on March 19, 2012. The convention was scheduled to be held from March 18-22, 2012 in Orlando, Florida. For additional information, please click here.
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BUD ROSE HONORED BY THE MONMOUTH BAR ASSOCIATION
Mar 17, 2012
On March 16, 2012, litigation and estate attorney Frederick ("Bud") Rose, along with a distinguished group of lawyers and jurists, was recognized by the Monmouth County Bar Association for practicing law for 50 years or more. This event, in lieu of the regularly scheduled bar association meeting, was held at the Navesink Country Club at 7:00 p.m. For additional information, please click here.
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LINDABURY SHAREHOLDER TESTIFIES BEFORE THE SENATE BUDGET AND APPROPRIATIONS COMMITTEE
Mar 15, 2012
On January 5, 2012, Edward J. Frisch, a shareholder in the firm, appeared at the State House in Trenton on behalf of our client, the Mechanical Contractors Association of New Jersey, and testified before the Senate Budget and Appropriations Committee, and the Assembly Budget Committee, in opposition to proposed legislation S-3173, and A-4426.
The MCA of New Jersey represents most of the major union HVAC and plumbing contractors throughout the State of New Jersey, and Mr. Frisch, along with the Executive Director of the MCA of New Jersey, Mr. Alan O'Shea, expressed the Association's opposition to legislation which would, in essence, create a system of "no bid contracts" for certain public works school facilities' projects. The position expressed was that public bidding statutes, as they exist, protect the taxpaying public, and encourage free open competition.
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OBTAINING U.S. CITIZENSHIP FOR YOUR GRANDCHILDREN
Mar 14, 2012
A little-known immigration law allows grandparents to use their U.S. residence to transmit citizenship to their grandchildren who live overseas. When adult children do not have sufficient U.S. physical residency to convey that citizenship themselves, this law can be an invaluable benefit. Click here to learn more about this law from immigration law attorney Deborah Klahr.
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MORE TOOLS FOR IRS TO IDENTIFY FOREIGN ASSETS MAY BE COMING
Mar 8, 2012
On February 8, 2012, the IRS proposed regulations that would add to its ability to identify the unreported foreign assets of U.S. taxpayers. Attorney Silvia Courtney has written a brief overview of the regulations.
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LINDABURY ATTORNEYS PARTICIPATE IN 2012 TRUSTEES AND ADMINISTRATORS INSTITUTES
Feb 16, 2012
Attorneys James K. Estabrook and Elizabeth E. Manzo presented at the 2012 Trustees and Administrators Institutes Conference sponsored by the International Foundation of Employee Benefit Plans. This conference was held from Monday, February 13 - Wednesday, February 15, 2012 at Disney's Contemporary Resort, Lake Buena Vista, Orlando, Florida. On February 14 Jim spoke at a workshop entitled "Knowing When to Pull the Plug" and moderated a Construction Industry Roundtable on February 15. Elizabeth spoke at a workshop entitled "Withdrawal Liability" on February 14. They will participate in a repeat of these presentation at the June 11-12 Institutes in San Francisco, California. For more information, please click here.
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LINDABURY ADDS TO LITIGATION TEAM IN RED BANK
Jan 25, 2012
Lindabury, McCormick, Estabrook & Cooper P.C. has added litigation attorney Theresa ("Tracy") Julian to its Red Bank office. Tracy's practice is concentrated in commercial litigation and divorce and family law matters. She received her law degree from Seton Hall University School of Law, where she was a published member of the Seton Hall Sports Law Journal and a member of the Seton Hall Civil Litigation Clinic. She received her bachelor’s degree, cum laude, from James Madison University, where she studied communications and psychology. Prior to entering into private practice, Tracy served as a judicial clerk to the Honorable Eugene A. Iadanza, Presiding Judge, Superior Court of New Jersey, Chancery Division, Family Part, in the Monmouth Vicinage. She also served for two years as a law clerk with the New Jersey Sports and Exposition Authority. Tracy is admitted to the state and federal bars of New Jersey.
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LINDABURY ADDS ASSOCIATE TO WESTFIELD OFFICE
Jan 20, 2012
Lindabury, McCormick, Estabrook & Cooper P.C., announced today that Monica J. Huh as joined the firm as an associate in the Tax Department. Monica earned her masters degree in taxation (LL.M.) from the Levin College of Law, University of Florida, in 2011 and received her J.D. from the Beasley School of Law, Temple University, in 2010. She is a 2007 graduate of Haverford College in Pennsylvania. While at Temple, Monica was recognized for her Outstanding Oral Advocacy and her Distinguished Class Performance. She served as a research assistant and was awarded the Reuben E. Cohen Memorial Award for her academic achievement in the area of zoning and land development.
Monica is a member of the tax sections of the American and Philadelphia Bar Associations and is fluent in Korean and has a working knowledge of Spanish.
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LINDABURY ATTORNEYS PARTICIPATE IN THE VINCENT J. APRUZZESE HIGH SCHOOL MOCK TRIAL COMPETITION
Jan 4, 2012
On January 10-11 2012, Lindabury attorneys Jay Lavroff, Thomas J. Sateary, Steven Backfisch, Scott C. Pyfer, Sergio D. Simoes, Blake C. Width, Joshua S. Sklarin, Scott D. Zucker, Denise Del Priore and Silvia F. Courtney served as mock trial judges for the initial rounds of the 2012 Vincent J. Apruzzese Mock Trial Competition, a state-wide high school mock trial competition sponsored by the New Jersey State Bar Foundation and the Union County Bar Association. Andrew J. Gibbs serves as the coordinator of the Union County competition.
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