The Middlesex
ADVOCATE
The Middlesex County Bar Association Monthly Newsletter
November 2014 · Volume 29, Number 3
MCBA
A Message from the President
By Ellen Schwartz
Upcoming Events
Holiday Shopping Social
Wednesday, December 3rd
(See page 5 for details)
YLC Annual Holiday Brew Ho-Ho
Tuesday, December 9th
(See page 7 for details)
What’s Inside
Calendar of Events………………. 2
Legislation Bars Employers
From Conducting Criminal
Background Checks
by Maja Obradovic…………….. 3
Goldstein Receives Award
from the NJCPL………………….
4
Team MCBA to Fight Hunger
in New Jersey……………………. 4
Call for Board Nominations…. 6
Results and Photos from
the 2014 Golf Outing …………. 8
Free Screening of
“The Borinqueneers”…………
11
On My Mind
by Linda Lashbrook ……………… 12
Career Center Tips ……………… 13
Call for Practice Area Award
Nominations ……………………….. 13
Newsletter Distribution
Change
Effective with the December
issue, the newsletter will be
distributed primarily via e-mail.
If you wish to continue to receive a “mailed” hard copy you
must contact the Bar Office.
See page 13 for more details.
In June, I had the privilege of addressing the general mem‐
bership of the Middlesex County Bar Association, along with a number of their family members and guests. A portion of my remarks addressed the fact that so many of our members do much for the good for the community at large, and I feel that sometimes the work is not given the appro‐
priate recognition. In a nod to all of our “unsung heroes”, I wanted to highlight some of their ef‐
forts, and the worthwhile organizations and causes that our members are participating in, with the hope of encouraging others to contribute in the fashion that best suits them. Bar Foundation Past President Sandy Rader has been a long‐time supporter of our military veterans, and spends considerable time and en‐
ergy organizing a legal forum for Veterans Affairs on an annual basis. Sandy’s work not only reminds us of the considerable sacrifices made by our ser‐
vicemen and women and their families in the United States, and throughout the world, but also provides information on a wide variety of topics for them, free of charge. It is hard to think of a better way to say “thank you” than by assisting military veterans who are transitioning back into civilian life, or who may need legal counsel on divorce, landlord‐tenant, medical benefits, or any number of other issues. As always, a heartfelt “thank you” to Sandy; as a personal aside, my fa‐
ther and all of three of his brothers were military veterans, and to the ends of their lives, remained extremely proud of their service to our country. Last month, the NJSBA has asked for the par‐
ticipation of the County Bar Associations in a pro‐
ject called Lawyers Feeding New Jersey. The Pro‐
ject, which is in operation between October 1st and December 1st, involves a team challenge, with the goal of raising funds to feed New Jersey’s citizens in need. Each County Bar Association has been asked to form a team, and the teams will compete against each other state‐wide to see who can raise the most money. Team Middlesex is being chaired by Trustee Kimberly Yonta, First Vice President Andrea Sullivan, and the Hon. Glenn Berman (Ret.) all of whom enthusiastically volunteered to lead this worthwhile project. The team goal is $5000.00, and according to the tally on the website, we are at 11% of our goal with 45 days to go, as this column is being written. There is a link on the MCBA website (mcbalaw.com) for anyone who would like to make a donation, or to find out more about the project. Best of luck to Kim, Andrea and Judge Berman in steering Team Middlesex to victory in this important challenge. Budding lawyers throughout Middlesex County can participate in the annual Vincent J. Appruzzese High School Mock Trial Championship. For many years Ingrid Yurchenco served as the coordinator for this County‐wide high school com‐
petition. Several years ago, MCBA Second Vice President (and Bar Foundation President) Bill Isele and MCBA Treasurer Brenda Vallecilla ran the pro‐
gram, and this year’s coordinators are Guillermo Arango, Jr., Michael Gast and Alex Lyubarsky. The young people who participate in the competition demonstrate their dedication by attending prac‐
tices, rehearsals and meetings up to three times per week, for a period of five months. The com‐
mitment of the coordinators is no less daunting; kudos to all coordinators, past and present, for their hard work in helping to train our next gen‐
eration of attorneys. There are also more than a dozen attorneys and equally as many of our judges who participate in this event each year, as attorney coaches and as mock trial judges, and they certainly deserve our recognition and thanks as well. President Elect Craig Aronow, Kimberly Yonta, and Michael Roberts have spent the past several years working with the Rutgers University Mock Trial Team as coaches. This is challenging and de‐
manding work, but without the efforts of coaches, this extraordinarily valuable training would not be available for the students. Not only does their work keep them busy late into the evenings and on weekends, but the coaches travel across the United States with the team as they progress through a series of state‐wide, regional, and ulti‐
(See President’s Message, continued on page 6) Calendar of Events
The Middlesex Advocate
87 Bayard Street
New Brunswick, NJ 08901
Phone: (732) 828-3433
Fax: (732) 828-5862
www.mcbalaw.com
Letters to the Editor
We welcome letters from MCBA members
responding to recent articles or to events or issues
of general concern to the bar.
Thu‐Nov 10th @ 8:00 a.m. The Pines Manor 2085 Route 27, Edison Family Law Section Dinner – Topic: Legislative Issues Affecting the Family Law Practice. Speaker: Jeralyn L. Lawrence, Esq. Cost to attend is $50 per person. To RSVP call Section Chair Vice‐Chair Evelyn Hartmann, Esq., at 732.750.0050. Wed‐Nov 12th @ 6:00 p.m. Middlesex County Legal Professionals Dinner Meeting – Cost: $24 per per‐
Liliana’s Italian Restaurant son. For more details or to RSVP contact Gloria Coppola @ 201.518.1124 or 558 New Bruns Ave, Fords [email protected]. Commentary Articles
Bar members are invited to submit “op-ed”
articles, not longer than 750 words, which take
affirmative or negative positions on matters of
interest to the bar.
Thu‐Nov 13 @ 8:00 a.m. Elder Law CLE Seminar (1.0 credit) ‐ Topic: What is a Qualified Income Trust? Speaker: Michael K. Feinberg, Esq. Cost is $5 for Young Lawyers, $10 for Members and $20 for all others (includes a light breakfast). Fri‐Nov 14 @ 12:15 p.m. Board of Trustees Meeting – Bar Members are welcome to attend. Please call the Bar Office at 732.828.3433, x.102 to RSVP. Tue‐Nov 18 @ 5:00 p.m. Civil/Family Law CLE Seminar (2.0 credits) ‐ Topic: 10 Ways That Attorneys Kill Their Experts. Speakers: Robert J. Chalfin, JD, CPA and Risa M. Chalfin, Esq. Cost: $30‐Young Lawyers; $40‐Members; $75‐All others. Wed‐Nov 19 @ 5:00 p.m. Free Screening of “The Borinqueneers” – Sponsored by the Middlesex County Bar Foundation, PRAB and NAACP‐Edison. See page 11 for details. Practice-Oriented Articles
We welcome the submission of substantive law
articles, to be limited to 2,000 words or less.
News About People and Firms
MCBA members are invited to submit announcements and photographs of new firms, new hires,
promotions, awards, celebrations and other
noteworthy events.
Obituaries
Obituaries about Middlesex County lawyers may
be submitted and should be 300 words or less.
Materials submitted for publication in The
Middlesex Advocate should be sent to
[email protected] and may be edited for
style or abridged due to space limits. Photographs
must be submitted electronically in jpg format.
Middlesex County Courthouse Jury Assembly Room Thu‐Nov 20 @ 5:30 p.m. Destination Dog’s 101 Paterson Street New Brunswick 2014-15 Board of Trustees
Fri‐Nov 21 @ 12:15 p.m. YLC Ethics Lunch CLE (1.5 Credits) – Topic: Malpractices Issues and Concerns for the Young Lawyers. Speaker: Gary Pinckney, Esq. Cost is $15 for Law Clerks, $25 for Young Lawyers, $30 for Members and $50 for all others (includes lunch). Tue‐Nov 25 @ 9:00 a.m. Environmental Law CLE Seminar (2.0 credits) ‐ Topic: Spotting Environmental Issues That Can Affect Your Practice. Speakers: Marc Gaffrey, Esq. and Mi‐
chael Russo, The Whitman Companies. Cost: $15‐Law Clerks; $25‐Young Law‐
yers; $35‐Members; $70‐All others. Tue‐Nov 25 @ 2:00 p.m. Municipal Court Practice CLE Seminar (2.0 credits) ‐ Topic: The Most Signifi‐
cant Cases from 2014. Speakers: Kenneth Vercammen, Esq. and William Brigiani, Esq. Cost: $30‐Young Lawyers; $40‐Members; $75‐All others. Tue‐Dec 2 @ 5:00 p.m. Real Estate Law CLE Seminar (2.0 credits) ‐ Topic: New Required Forms for Residential Real Estate Closings. Speakers: Alfred Santoro, Esq. and Rick Kabra, Ph.D. Cost: $30‐Young Lawyers; $40‐Members; $75‐All others. Wed‐Dec 3 @ 5:30 p.m. Café Nordstrom Menlo Park Mall, Edison Holiday Shopping Social – Multi‐task during the holiday season! Have dinner with your colleagues and friends, get some style tips from a Nordstrom stylist, and get the holiday shopping started for your friends and family. Cost: $25 per person (includes dinner). See page 5 for details. Thu‐Dec 4 @ 5:00 p.m. Family Law CLE Seminar (2.0 credits) ‐ Topic: The ABC’s of Collaborative Prac‐
tice. Speakers: Risa Kleiner, Esq.; Jeffrey Urbach, CPA; and Nonie Nicklas, LMFT. Cost: $30‐Young Lawyers; $40‐Members; $75‐All others. Ellen F. Schwartz
President
Craig M. Aronow
President-Elect
Andrea J. Sullivan
First Vice President
Sports & Entertainment Law CLE Seminar & Networking Event (1.5 Credits) – Topic: Fantasy Sports and the Law. Speaker: Marc Edelman, Professor of Law, Baruch College and Christopher Soriano, Esq. Cost to attend is $35 for MCBA Young Lawyers, $45 for MCBA Members and $75 for all others (includes CLE credit, food, beer, wine & soft drinks). William P. Isele
Second Vice President
Brenda Vallecilla
Treasurer
Joanne Vos
Secretary
Tara Auciello
Immediate Past President
Trustees
Louis Seminski, Jr.
Joshua Altman
Edward Testino
Richard D. Barker
Megha Thakkar
Risa M. Chalfin
Kim M. Connor
Daria Anne Venezia
John F. Gillick
Charles Whelan, III
Meryl Gonchar
Rosemarie R. Williams
Patrick D. Heller
Eugene Wishnic
Kimberly Yonta
Jonathan P. Cowles
Executive Director
Newsletter Editor
William P. Isele
The MCBA is an approved provider of continuing legal education in NJ and all CLE programs listed above will meet the requirements of the BCLE of the Supreme Court of NJ. All events will be held at the MCBA Office, 87 Bayard Street in New Brunswick unless otherwise indicated. To RSVP go to www.mcbalaw.com or call 732.828.3433, ext. 102. The Middlesex Advocate — November 2014 — Page 2 Legislation Bars Employers from Conducting Criminal Background Checks During Initial Stages of Hiring by Maja Obradovic, Esq. New Jersey’s recent enactment of the Opportunity to Compete Act requires employers to delay crimi‐
nal background checks until after the first interview of an applicant. The Act will take effect on March 1, 2015. The adopted version of the legislation, which was signed into law by Governor Christie on August 11, 2014, is significantly watered down from its original proposal, as well as in comparison to leg‐
islation adopted by other states that prohibit employers from inquiring into a candidate’s criminal record until a conditional offer is made. In essence, the Act defers any inquiry into a candidate’s criminal background until “the initial employment application process,” typically the submission of an application and an initial interview, has been completed. The Act’s passage is in keeping with a nationwide trend dubbed “ban the box,” which seeks to reduce rates of recidivism by opening employment opportunities to individuals with criminal histories, reducing their high unem‐
ployment rate and utilizing their productive capacity. The Act imposes the following restrictions upon employers. First, employers are prohibited from including in job advertise‐
ments statements that they will not consider applicants with prior arrests or convictions. Additionally, employers may not inquire into a candidate’s criminal history during the initial con‐
tact (including the initial interview) unless such information is volunteered by the candidate. The scope and application of the Act is limited, however. After the “initial employment application process,” the Act does not preclude employers from checking the candidate’s criminal background, nor does it bar employers from refusing to hire em‐
ployees with prior criminal records. The Act applies only to em‐
ployers with more than 15 employees, and does not apply to law enforcement, corrections, homeland security, the judiciary or to positions where law specifically requires or permits the consid‐
eration of a candidate’s criminal history. The Act does not provide for a private cause of action for its violation. Instead, violators will be liable for civil penalties that increase progressively based on the number of violations. Spe‐
cifically, a first violation carries a $1,000 penalty, a second viola‐
tion carries a $2,000 penalty, and each subsequent violation car‐
ries a $10,000 penalty. What Should Employers Do? In light of the enactment of the Opportunity to Compete Act, employers should review and revise their employment ap‐
plications and hiring policies before March 1, 2015 to eliminate any questions regarding candidates’ criminal records or any his‐
tory of prior arrests. Likewise, the appropriate changes should be made to employee handbooks and human resources person‐
nel should be trained on the Act’s prohibitions and require‐
ments. While the early proposals of the Act included the definition of inquiry, the enacted version omits it. It is thus unclear whether the Act prohibits independent criminal record checks. Considering the intent of the Act and to ensure compliance, it is recommended that employers do not take any steps towards ascertaining whether an applicant has a criminal background before the initial application process is over. Maja is counsel with the litigation department at Greenbaum, Rowe, Smith & Davis LLP in Woodbridge. MCBA Joins Lawyers Feeding New Jersey Campaign to Help Fight Hunger in the State On October 1, 2014, the New Jersey State Bar Association (NJSBA) launched the Lawyers Feeding New Jersey Food Cam‐
paign, a 60‐day project to raise money and awareness for the hunger crisis in New Jersey. According to NJSBA President Paris Eliades, 1.2 million New Jersey residents are “food insecure.” This means that they lack the financial resources necessary to secure adequate food on a regular basis for themselves and their families. In fact, more than 2/5 of our state’s food insecure resi‐
dents are children and 30% are elderly or disabled. Nearly half of New Jersey households reporting food insecurity do not qualify for public assistance. They turn to community food banks for help. Kathleen Dichiara, founder and CEO of Community Food Bank of New Jersey states that at the end of the past fiscal year, her organization distributed 41 million pounds of food and “it is still not enough.” However, she indicates that together, we can make a difference. For every $1, the Community Food Bank of New Jersey receives it can distribute $9 to $10 worth of food. The MCBA can help. Lawyers Feeding New Jersey is a cam‐
paign in which lawyers compete as individuals or as teams to raise money and fight this growing hunger epidemic. The MCBA has formed a team of its own. Lawyers always fight for clients and zealously advocate for justice. Now, it is time to unite as Middle‐
sex County lawyers and donate to this worthy cause. All donations are 100% tax‐deductible and will benefit Commu‐
nity FoodBank of New Jersey, which provides food and funds to food banks throughout the state. Go to www.mcbalaw.com for more information and to make a donation on the MCBA team page. The Middlesex Advocate — November 2014 — Page 3 MCBA Past President Robert Goldstein Receives Professionalism Award On October 22, 2014, the New Jersey Commission on Professional‐
ism in the Law (NJCPL) named Robert E. Goldstein as the Middlesex County “Professional Lawyer of the Year.” Bob was among other recipients from around the state to receive the award, presented annually to lawyers chosen by county and specialty bar associations. The awards recognize and honor attorneys who are considered by their peers to exhibit the highest professional character and competency, are re‐
spected in the community, and are considered to be models of professional behavior. The NJCPL is a cooperative undertaking of the New Jersey State Bar Association, the state and federal judiciary, and New Jersey’s three law schools; it promotes professionalism within the bench and bar through educational initiatives and related programs. Notice from the Editor Newsletter Distribution Change As this year’s Editor of the Middlesex Advocate, it falls to me to announce the decision of the Board of Trustees regarding distri‐
bution of this widely‐read publication. Effective with the Decem‐
ber issue, primary distribution will be by e‐mail. If you wish to continue to receive a hard copy via the U.S. Postal Service, you need only request it from the Bar office, and your copy will be mailed, no questions asked. You need not even demonstrate “good cause”! But the burden is on you to make that request. The reasons should be evident: (1) with over fourteen hundred members, the costs of printing and mailing the Advocate have become quite high – going electronic will help us keep your dues as low as possible; (2) many of us have been receiving the Advocate electroni‐
cally for a few years, now, and the “bugs” have been worked out of the system; (3) while we’d like to believe that each and every one of you maintains a library of back issues, we realize that some of you dispose of the Advocate after thoroughly digesting its wisdom – with electronic distribution, we won’t be contributing to the overflow of our landfills; (4) the electronic format allows us to make the Advocate as long (or as short) as it needs to be – no longer will we need to delay a timely article due to space restrictions. National Adoption Day is Coming on November 20th Since 2007, The Middlesex County Bar Foundation, along with the Judiciary, the Surrogate’s Court, the Board of Chosen Freeholders, and the State Division of Child Protection and Permanency, have co‐sponsored National Adoption Day in New Brunswick. The day will be cele‐
brated on November 20th this year. We are grateful to the late Louis Kady, Esq., who initially presented the idea to the Foundation and vigorously supported it. Thirty years ago, on November 13, 1984, President Reagan proclaimed the first National Adoption Week. In 1995, President Clinton proclaimed November as National Adoption Month. Na‐
tional Adoption Day began as a grass‐roots effort in 2000. The day a family brings home a newly adopted child is one they never forget. It is literally the beginning of a new life for both the child and his or her new family. On November 20th, several adoptions will be finalized in a formal ceremony. Teddy bears, flowers and balloons, rarities in the solemn surroundings of a courtroom, will be very much in evidence, and the Assignment Judge’s conference room, usually the site of weighty legal matters, will host a reception with chil‐
dren’s books, crayons and games. If you are in or near the courthouse on November 20th, please stop by and join the celebration. Should you want to open your heart and home to a new child, visit njadopt.org on‐
line, or call (800) 99‐ADOPT for more information. To request a mailed copy of the Advocate simply contact the Bar Office via email at [email protected] or call 732.828.3433, x. 102. We encourage you to submit articles and announcements to the Advocate, sharing your insights with your colleagues. We thank you for your ongoing support. William P. Isele, Editor NOTICE TO THE FAMILY LAW BAR ECONOMIC MEDIATION Economic Mediation is a Court‐scheduled event. Al‐
though it occurs outside of the courthouse, it needs to be treated with the same respect as any other court hearing. It was recently reported by a member of the Assign‐
ment Judge’s Family Bar Committee that half of the Eco‐
nomic Mediations scheduled for his firm this summer were canceled at the last minute by the adversary. We would appreciate your treating Economic Media‐
tion as you do any other court event and making sure you and your client appear on the required dates. Thank you. Charles C. Hager Family Division Manager The Middlesex Advocate — November 2014 — Page 4 MIDDLESEX COUNTY BAR ASSOCIATION
Holiday Shopping Social
Date: Wednesday, December 3rd
Time:
5:30 p.m.
Place:
Café Nordstrom
Menlo Park Mall
449 Menlo Park Drive, Edison
Cost:
$25 per person (includes dinner)
Multi task during the holiday season!
Have dinner with your colleagues and friends, get some style tips
from a Nordstrom stylist, and get the holiday shopping started for
your friends and family.
Only 20 Seats Available! RSVP Today!
Holiday Dinner/Shopping Event - 12/3/2014
Name(s):
Telephone #:
Form of Payment?:
Email:
Check Enclosed
Visa
MasterCard
Sec. Code:
Credit Card Account #:
Exp. Date:
American Express
Name on Card:
Billing Address:
Payment Amount: $
Signature (for Credit Card Payment Only):
Cost to attend: $25 per person. Make checks payable to "MCBA" and mail registration form to: Middlesex County Bar Association; 87 Bayard
Street, New Brunswick, NJ 08901. Deadline for advance reservations – Monday, December 1st. Mail form to Bar Office or fax to:
(732.828.5862. For information call 732.828.3433, x.102.
The Middlesex Advocate — November 2014 — Page 5 (President’s Message, continued from page 1) mately, national competitions. Due, no doubt, in large part to the efforts of Kim, Craig, and Mike, the Rutgers team has enjoyed sig‐
nificant success during the past few years, and we wish them con‐
tinued success in the future. Hope for the Holidays, a combined project of the Middlesex County Bar Foundation and the Middlesex County Bar Association, raised more than $10,000 last year, and over $50,000 since its in‐
ception in 2005. These funds are utilized to purchase both necessi‐
ties and gifts for various families‐in‐need in Middlesex County dur‐
ing the holiday season. Through the generosity of hundreds of bar members, their law firms, families and friends, the holidays are brightened each year for these families. Past President John Sawicki has done a wonderful job of coordinating this joint effort for a number of years, and deserves recognition for his out‐
standing efforts. Past President Bill Brigiani is a fixture at nearly every Bar Asso‐
ciation and Bar Foundation event, standing by the door at the end of this evening with his giant plastic jug, collecting funds for the Help the Homeless project. Bill raised $1200.00 last year, and dis‐
tributed the funds to the following organizations: Amandala Cross‐
ing, Catholic Charities, American Red Cross, Center for Great Ex‐
pectations, Jewish Family & Vocational Services, Manavi, New Jer‐
sey Veterans Memorial Home, Puerto Rican Action Board, the Sal‐
vation Army (both New Brunswick and Perth Amboy), Women Aware, Inc., and Women Helping Women. I know Bill has done this, year after year, event after event, for as long as I can remem‐
ber. The efforts of one individual have generated tens of thou‐
sands of dollars for a host of worthwhile organizations over many years. Perhaps that is one of the reasons why Bill is one of our most honored members. As the holiday season will soon be upon us, I urge all of our members to remember the less fortunate, and I encourage every‐
one to give of your time, energy and skills. As I said in June, the lawyers that I know are thoughtful, generous, and creative. There are so many individuals throughout Middlesex County who strug‐
gle to make ends meet, and to provide even the basic necessities for their families. Please log on to our website, or reach out to any one of our “unsung heroes” to see if there is something that you can do to help someone else, not only during the upcoming holi‐
day season, but throughout the coming year. 2015‐16 CALL FOR NOMINATIONS FUTURE BAR LEADERS WANTED FOR OFFICER AND TRUSTEE POSITIONS Wanted: intelligent, energetic lawyers with time to devote to vital, non‐profit professional association. Must have in‐
novative ideas for positive change on a Board of Trustees devoted to enhancing relationships among members of the profession, lawyers and the judiciary, and lawyers and the public. Great opportunity for professional growth and net‐
working. Past leadership experience a plus. Equal Opportu‐
nity Board. Interested candidates should submit a resume and letter outlining their qualifications to: Jonathan Cowles, Middlesex County Bar Association, 87 Bayard Street, New Brunswick, NJ 08901. The deadline for submission of re‐
sumes is Friday, December 19, 2014. Unsolicited Advice for Law & Life
submitted by the Hon. John A. Jorgensen, II, JSC “Mentoring is your true legacy. It is the greatest inheritance you can give to others – to teach and be taught.” John Wooden Do your own work. Double check it before it goes out. Whenever you submit anything to the court, to your adver‐
sary, to an agency, or to your client, your integrity is on the line. The paper/document itself is a reflection on you. The excuse, “my secretary put the letter together,” is nothing more than an excuse. Make sure the work you do is worthy of close scrutiny by others. You want to make sure that there are no slip‐ups, miscues, or errors in your work, and the only way that happens is for you to take pride in your work product. Be passionate. People who are passionate about something exude an air of excitement. They want to share their pas‐
sion with others. It helps fuel them to be the best they can be. Find what it is that you’re passionate about and go for it! JUDGES WANTED
FOR THE 2014 HIGH SCHOOL MOCK TRIAL COMPETITION
(January 26—29, 2015)
Sponsored by:
Middlesex County Bar Foundation
&
New Jersey State Bar Foundation
MOCK TRIAL VOLUNTEER JUDGE RESPONSE FORM
I volunteer to serve as a HS Mock Trial Judge in Middlesex
County (and earn up to 3.0 CLE credits)
Name:
Firm:
Address:
Email:
Phone:
Return form:
Middlesex County Bar Foundation
87 Bayard Street
New Brunswick, NJ 08901
Or send an email with your contact information to
[email protected].
The Middlesex Advocate — November 2014 — Page 6 MCBA Young Lawyers Committee
The Holiday Brew Ho-Ho is Back on December 9th!
Co-sponsored by the New Jersey State Bar Association YLD & New Jersey Defense Association
Sup Ct Law Clerks …
MCBA|NJSBA|NJDA
Young Lawyers ……
MCBA|NJSBA|NJDA
Members ……………
All Others ……………
2 Hour Open-Bar*
Hot & Cold Hors d’oeuvres
Unlimited Billiards
* (Includes All Domestic & Imported
Draft Beer, Wine and Soda)
Tuesday, December 9th @ 6:00 p.m.
Fox & Hound Pub and Grill, Edison
Menlo Park Mall, off Route 1 South
$20
$25
$35
$40
(southeast corner - outside entrance)
Event Sponsors
Paige Thornton
Young Lawyers Division
443-326-8619 | [email protected]
MCBA YLC/NJSBA YLD Holiday Reception - 12/9/14
Check One:
Law Clerk
MCBA|NJSBA|NJDA Young Lawyer
MCBA|NJSBA|NJDA Member
Non-Member
Name(s):
Payment Amt:$
Method of Payment:
Check Enclosed
MasterCard
Visa
American Express
Sec. Code:
CC#:
Exp.Date:
Billing Address:
Name on Card:
Signature (for Credit Card Payment Only):
Cost to attend is $20 for Superior Court Law Clerks; $25 for MCBA YLC/NJSBA YLD Members; $35 for MCBA/NJSBA Members and $40 for all others. Make
checks payable to "MCBA" and mail registration form to: Middlesex County Bar Association; 87 Bayard Street, New Brunswick, NJ 08901. Deadline for
reservations – Monday, December 8th, 12:00 noon. Cancellations must be made by December 9th to receive a refund. To reserve by phone call
(732) 828-3433, ext. 102 or send email to [email protected].
HAMLIN, SEIDMAN AND CREW TAKE 2014 GOLF TITLE For the second year in a row, the In addition to team play, there team from the Middlesex County were a couple of outstanding individ‐
Prosecutor’s Office won the Bar Asso‐
ual shots made at the two closest‐to‐
ciation’s annual golf outing. This year, the‐pin holes – Rich Tonto at Hole #2 however, turned out to be much (5’3”) and Bob Goldstein on Hole #13 closer than 2013, where one stroke (2’10”). separated the top three teams. The The outing also featured the an‐
first place team of Assistant Prosecu‐
nual the putting contest, sponsored tors Judd Hamlin, Jason Seidman, and by The Volk Insurance Group in Mill‐
Scott La Mountain, and Detective Jim town. During the preliminary round, Napp finished at 10‐under par with a each golfer had two chances to make Tournament winners (l to r): Scott La Mountain, Jim Napp, Judd a 20’ putt. 12 golfers qualified for the score of 60. Hamlin and Jason Seidman. Two teams were tied at 9‐under finals held during the cocktail hour. and a match of cards was used to determine second and third Among the finalists were bar members Bob Adochio, Michael place, with second going to Joe Benedict, John Gorman, Phil Feinberg, Pete Hendricks, Diane Hoagland, Donna Jennings, Jake Kane, Chad Moore and Phil Nettl. Each finalist was given Nettl and Tom Ryan, and third going to Mark Stevens, Rich Tucker, Doug Anderson and Russ Markowski. Rounding out one chance at a 25’ putt. While no one was able to sink the the top finishers in fourth place with a score of 62 was the putt this year, Pete Hendricks was closest to the hole and de‐
team from Provident Bank, George Celentano, Oliver Fox and clared the winner. Robert Vivo, and bar member Matthew Schiappa. The MCBA wishes to express its appreciation to the following: 2014 Golf Outing Sponsors LUNCH SPONSOR Schulman Wiegmann & Associates Barry Wiegmann 732.752.7800 www.swreporters.com BEVERAGE CART SPONSOR Couch Braunsdorf Insurance Group Gary Pinckney,Esq. 908.542.1700 www.couchbraunsdorf.com COCKTAIL HOUR SPONSOR Trans‐County Title Agency Michael Huddleston 732.296.7900 DINNER SPONSORS The Provident Bank George Celentano 973.259.9449 www.providentnj.com Greenbaum Rowe Smith & Davis LLP Woodbridge 732.549‐5600 www.greenbaumlaw.com PUTTING CONTEST SPONSOR Volk Insurance Group, LLC Chris Volk|732.257.2212 www.volkinsurance.com PRIZE SPONSORS Bella Vista Country Club Anthony Beshara www.bellavistacc.com Casa Giuseppe Restaurant Iselin |732.283.9111 www.casagiuseppe.com Christopher’s Restaurant New Brunswick 732.214.2200 www.theheldrich.com Clydz Restaurant New Brunswick 732.846.6521|www.clydz.com Cowen, Gunteski & Co., PA 732.676.4100 www.cgteam.com Document Solutions, LLC Kevin O’Connor 800.937.6977|www.dsbls.com Emerald Financial Resources of Mass Mutual Casey Baldan | Eamon Gibbons 908.704.1800 www.emeraldfinancialresources.com Golden Rothschild Spagnola Lundell Boylan & Garubo, PC Philip Lundell, Jr. 908.722.6300 www.grsl.com Mark Goldstein, Esq. 732.360.9300 www.goldsteinbachman.com Hoagland Longo Moran Dunst & Doukas, LLP 732.545.4747 www.hlmdd.com La Tavola Cucina Restaurant South River 732.238.2111 www.latavolacucinanj.com Peter H. Lederman, Esq. Lomurro Davison Eastman & Munoz Freehold|732.462.7170 www.lomurrolaw.com Robert R. Levinson, Esq. 732.248.0800 www.levinsonlawnj.net Martin Kane & Kuper Jack Kane|732.214.1800 www.mkklaw.com The Middlesex Advocate — November 2014 — Page 8 Pirozzi & Hillman Grace Pirozzi 877.509.5858 www.pirozzireporting.com Rebenack Aronow & Mascolo, LLP 732.247.3600 www.ramlawnj.com Ria Mar Bar & Restaurant South River 732.257.1100 www.ria‐mar.com The Stress Factory New Brunswick 732.545.4242 www.stressfactory.com Sterling Title Agency, LLC Thomas DeStefano 609.584.8810 www.stanj.net Wells Fargo Advisors Bruce Pomerantz 800.565.1776 Wilentz, Goldman & Spitzer, PA 732.636.8000 www.wilentz.com Scenes from the 2014 Golf Outing
Bella Vista Country Club, Marlboro
The Middlesex Advocate — November 2014 — Page 9 YOU ARE INVITED TO A SCREENING
OF THE MOVIE
NOVEMBER 19, 2014
5:00 P.M.
JURY ASSEMBLY ROOM
56 BAYARD STREET
NEW BRUNSWICK, NJ
SPONSORED BY
MIDDLESEX COUNTY BAR FOUNDATION
PRAB & PRAB-FAMILY SUCCESS CENTER
NAACP – EDISON BRANCH
The Borinqueneers chronicles the untold story of the Puerto Rican 65th Infantry Regiment, the
only all-Hispanic unit in U.S. Army history – exploring stories of courage, triumph and struggle
through rare archival materials and compelling interviews with veterans, commanding officers
and historians. Narrated by Hector Elizondo, the film reveals how the65th Infantry Regiment
served meritoriously in World War I, World War II and the Korean War, even as they faced
discrimination within the Army. Finally given the chance to be full participants in a military conflict, they excelled during the first years of the Korean War, earning praise from General MacArthur. But in the fall of 1952, the 65th would face its toughest challenge when dozens of its soldiers were arrested for abandoning their positions.
RSVP TO: [email protected] OR CALL 732-519-3344
(THERE IS NO COST TO ATTEND)
The Middlesex Advocate — November 2014 — Page 11 On my mind . . .
by Linda Lashbrook
What election? As I write this, the mid‐term election is a couple of weeks away. I’m usually on fire at times like this, acquiring campaign buttons and lawn signs, volunteering down at my (Democratic) Congressman’s office, getting disgusted at ugly TV ads. So why am I feeling so apa‐
thetic this year? Partly, I suppose, because I’m sure my Congressman will retain his seat without a problem, and so will Cory Booker. But although only two years ago I’d have been apoplectic at the thought of the Senate’s pos‐
sibly going Republican, this year I’m deleting all those “ya gotta help us!” emails without a thought. My donations are going to Médecins Sans Frontières and WNYC and the like, not to politi‐
cians (with a few exceptions for Emily’s List). I’m watching John Oliver, but lack the fortitude to watch Rachel Maddow. Maybe Pietro Collins of Forest Hills was right. He said maybe we shouldn’t be worrying about the outcome in the Senate: Based on the last few years, the good news is that not much, if anything, will be accomplished, especially during President Obama’s last two years in office. The dismaying thing is, that used to qualify as the bad news.1 And there are so many other things to worry about. Deaths from Ebola doubling every week may mean that health systems will never catch up and all of Africa might be stricken. Nobody’s providing enough assistance. The genocide and ethnic cleansing in Syria don’t seem to take a break; back in August the U.N. said at least 191,000 people had been killed. Over 3 million Syrians have fled the country and live as refugees in surrounding na‐
tions.2 Again, nobody’s providing enough help. President Putin has morphed back into a Soviet dictator, absorbing or threaten‐
ing small surrounding countries more or less at will. Our sanc‐
tions haven’t been much help, at least so far. Closer to home, maybe? In New Jersey legal news, you probably know that most of our court filing fees are about to go up? Rollout is presently scheduled for November 17. The goal seems to be to raise an extra $42 million, to fund 3 programs. One is legal services to the poor ($10 million), which you can’t object to. Another is a pro‐
gram of “pretrial services,” also described as “new staff, elec‐
tronic monitoring, drug testing and treatment services,” which are currently not in effect but will be needed if the Constitu‐
tional amendment on this year’s ballot (described as a bail re‐
form measure) is approved by the voters. That program is slated to get $22 million. And the third item ($10 million) is to help the courts transition to e‐filing.3 I haven’t been able to work out exactly what it is about this scheme that’s bothering me. Some of the hikes are quite hefty, or brand new. Small Claims and Special Civil litigants will be hit pretty hard; numerous Clerk’s fees will increase from $5 or $15 to $35 or $50; Civil Part and Equity cases will require a $250 fil‐
ing fee and $50 for a motion or an order to show cause. It seems that although civil litigants will be putting out most of the funds, half the money being raised will benefit the Criminal Part and its defendants, and will actually fund a whole new division – a pre‐
trial services division. One of the legislators, on passage of the enabling legislation, opined that the pretrial segment will actu‐
ally cost around $35 million.4 And $10 million for a transition to e
‐courts seems awfully small. Perhaps, I’m thinking, the costs of a smooth and fair judicial system ought to be paid for by all New Jersey citizens in the form of taxes, rather than selective levies on the captive audience represented by the small segment – often the poorest people – who have to seek the help of the courts. When the estimates quoted in connection with the legis‐
lation and the referendum turn out to be too small, and the costs overrun the budgets, will the litigants again be on the hook? Will it cost $100 to file a small claim for the return of $300? Finally, the list of fee increases reads exactly as though someone printed out the list of current fees from pages 89‐90 of the 2014 Lawyers Diary and just randomly increased most of them. That doesn’t seem the right way to run a court. One ACLU lawyer pointed out: Increasing certain fees could make getting expunge‐
ments more difficult to obtain, make foreclosures harder to fight and make diversionary programs avail‐
able only to those who can afford them . . . . There are ways to do this other than on the backs of the poor.5 There could be some good change coming . . . Years ago, I represented a client whose fully‐insured vehicle was damaged to the tune of some $6,000. It cost him $8,000 in legal fees to get his carrier to do what it should have done within a week of the incident. But argue as I might, I couldn’t get the court to shift his fees to the recalcitrant defendant. Why? Be‐
cause for many years there had been no exception to the Ameri‐
can Rule that each party bear his own fees, for a “first‐party in‐
surance action.” Since 1971 there had been an exception for “third‐party actions,” such as where the other driver sues the insured. There was (IMHO) no logical reason for this difference. If the policy for shifting the fee, when a carrier in bad faith declines coverage for a third‐party matter, is to discourage insurance companies from meritless denials of coverage, then the same policy certainly applies to first‐party coverage. In years past, the Supreme Court Civil Practice Committee (on which I was privi‐
The Middlesex Advocate — November 2014 — Page 12 (See On my mind, continued on next page) Career Center Tips for Lawyers Looking and Law Firms Looking to Hire Having trouble finding time to search all the available positions on the Career Center? Let the Career Center do the work for you! Create a personal job alert and new jobs that match your search criteria will be emailed directly to you. Job Alert benefits include:  Matching jobs to your customized criteria 
Notifying you when potential opportunities become available  Allowing you to focus on other activities like networking Sign up for job alerts today at the MCBA Career Center to be noti‐
fied as soon as jobs you want are posted! Having trouble attracting those hard to reach candidates? Try these three tips to increase your recruitment activity: 1. Post jobs to niche sites like the MCBA’s Career Center (http://
mcbalaw‐jobs.jobtarget.com) to expose them to highly qualified niche professionals instead of the unqualified masses. 2. Upgrade your job listings to ensure they appear high on search results — significantly increasing views, clicks and applicants. 3. Supplement job postings with banner ads to help build your brand as a desirable employer and attract the best candidates. To learn more about job posting and banner advertising options, email Employer Support at [email protected]. (Continued from page 12) leged to serve) recommended a rule change to treat all insureds the same. The Supreme Court declined to make that change. But now, it is possible that change is in the offing. Two cases raising this precise issue were argued before the Justices on Sep‐
tember 9, and at least one Justice thought about amending Rule 4:42‐9. I’ve got my fingers crossed that Badiali v. NJM and Wad‐
eer v. NJM will vindicate my client of 20 years ago. This being November, there’s no General Membership Din‐
ner. But there are plenty of CLE courses being offered by Middlesex County so that you (at least Group 2) can squeeze in those last few credits by year‐end. And have a Happy Thanksgiving! 1
Letter to the Editor of the New York Times, pub. October 23, 2014 The Guardian, October 6, 2014 3 New Jersey Law Journal, September 22, 2014; Asbury Park Press, September 22, 2014 4
Senator Sam Thompson, quoted in Asbury Park Press, supra 5 Alexander Shalom, quoted in “Justices Hear Opposition, Concern Over Filing Fee Hikes,” New Jersey Law Journal, October 21, 2014 (The views expressed in this column are those of the author and do not necessarily represent the views of the Association’s Board of Trustees.) 2
MCBA Seeks Nominations for Annual Practice Area Awards Dinner On March 18, 2015, the Association will hold its 10th Annual Awards Dinner at The Pines Manor in Edison. Awards will be given to bar members in the following areas: Pro Bono; Non‐
Litigation; Civil Trial Practice; Criminal Trial Practice; Municipal Court Practice; Chancery; and Young Lawyers. The purpose of the Practice Area Awards is to recognize attor‐
neys practicing in Middlesex County and adjacent municipalities who devote a significant portion of their work to their respective specialty areas and exhibit one or more of the following:  Leadership in the potential candidate’s field of practice;  Significant, tangible contributions to the Bar, such as providing CLE, serving on Bar committees, etc., pertain‐
ing to non‐litigation issues;  Significant, tangible contributions to the community and/or charitable endeavors;  A record of promoting participation and involvement in the MCBA and collegiality within the Association; and  A reputation for personal and professional integrity. The purpose of the Young Lawyer of the Year Award is to rec‐
ognize attorneys who meet one or more of the following condi‐
tions:  Devote substantial time and energy to community‐
oriented activities such as pro bono work, government service, charity involvement or other public service;
 Dedicate considerable volunteer time to bar activities at the county or state level, including specialty and minor‐
ity bars; and/or
 Have received professional recognition through publica‐
tions, excellence in a particular area of law, a significant verdict or law‐changing appellate decision, or other such professional achievement.
The purpose of the Pro Bono Award is to recognize attorneys who have devoted substantial time and effort doing pro bono work through the Central Jersey Legal Services Corporation. The Bar Association invites the submission of names of those individuals whom you believe to be appropriate candi‐
dates. Please include a brief explanation as to why you believe the individual you name is an appropriate candidate for one of these awards. The candidates should be bar members who are well recognized for character and competence, individuals who are respected by all and looked upon as models of professional behavior. Last year’s recipients were Dalya Youssef (Pro Bono), Nicho‐
las Leonardis (Civil), James Millner (Criminal), Renee Anthony, in memoriam (Municipal Court), Elliot Solop (Young Lawyer), Paul Rowe (Chancery) and Tom Denitzio (Transactional). Please submit names for consideration to the attention of Executive Director Jonathan Cowles at [email protected]. The deadline for submitting nominations is December 19th. The Middlesex Advocate — November 2014 — Page 13 The Middlesex Advocate — November 2014 — Page 14 The Middlesex Advocate — November 2014 — Page 15 87 Bayard Street
New Brunswick, NJ 08901