Recent News

MARC Helps Win Legal Fees From NJIT in FBI Records Suit

The New Jersey Institute of Technology must pay attorney’s fees to a journalist and his publicist in a public-records suit, the Third Circuit ruled on Aug. 14, 2019.

Pulitzer-Prize winning author Daniel Golden and Tracy Locke requested the documents for a book Golden was writing, Spy Schools: How the CIA, FBI and Foreign Intelligence Secretly Exploit America’s Universities. The pair filed state Open Public Records Act (OPRA) requests for e-mails between NJIT officials and the FBI and CIA. NJIT said many of the records—mostly from the FBI to NJIT—were barred from disclosure because the FBI told the school not to release them, and the school agreed.

Golden and Locke, represented by Katie Townsend and Adam Marshall of The Reporters Committee for Freedom of the Press and Bruce S. Rosen of McCusker, Anselmi, Rosen & Carvelli, P.C. of Florham Park, N.J., and New York City, brought suit in state court under OPRA to release the documents. But NJIT then brought in the FBI as a third-party defendant, and the FBI removed the case to federal court in Newark, N.J.

However, before the case was actually litigated in federal court, the FBI agreed to review the documents and ultimately released more than half those sought, mostly unredacted. When Golden and Locke then sought legal fees, U.S. District Magistrate Judge Leda Dunn Wettre denied the motion, finding no connection between the suit and the records’ release. District Judge Madeline Arleo upheld that decision.

But the Third Circuit panel reversed, relying on a state Supreme Court ruling, Mason v. City of Hoboken, which held that plaintiffs are entitled to attorney’s fees if there is a nexus between their litigation and the relief achieved. "OPRA makes clear that a records custodian—not a third-party—has the duty to decide whether to allow or deny access to records,"

The panel added, "That NJIT withheld records at the behest of the FBI does not afford it a basis to abdicate its role as the records custodian."

Golden and Locke sought $197,829 in attorney’s fees before the appeal, and the court remanded the matter for the fee-award calculation.

Said Rosen: "This precedential opinion clarifies that OPRA defendants can’t hide behind a law enforcement agency, and must make an OPRA determination on their own and on the merits."

Click here for the decision in the case, Daniel Golden, Tracy Locke v. New Jersey Institute of Technology, No. 18-3150, and here for a sample of media coverage of the ruling.
 

Michael Futterman McCusker, Anselmi, Rosen & Carvelli, P.C. Wrap Up a Great Week of Opportunity for Students

We just wrapped up a week of law related education including seminars on the 1st amendment, labor and employment law, and criminal procedure, visits to/from clients Exxon Mobil and Novartis Pharmaceuticals, a visit to Judge Ciarrocca’s chambers in Union County and, after preparing all week, a mock trial where the students showed off their public speaking skills. We are so thrilled to be able to participate in NJ LEEP. Our own Michael Futterman and John McCusker led a great program this year.

Michael Futterman Named to Board of Moms Helping Moms Foundation

MARC partner Michael R. Futterman has been named to the Board of Directors of the Moms Helping Moms Foundation in North Plainfield.

Moms Helping Moms is supply and diaper-bank nonprofit that provides low-income families in New Jersey with essential items they need to keep babies safe, happy and healthy. The foundation fights childhood poverty by distributing items, including more than 200,000 diapers in 2018, to 12,000 people a year; distributing literature on the importance of early reading, talking and singing with children; distributing children’s toothbrushes, toothpaste and dental-care literature; and encouraging diaper donations and contributions to buy them.

Through partnerships with community organizations, social workers, homeless shelters, schools and others, Moms Helping Moms has collected and distributed hundreds of thousands of diapers, clothing, formula, nursing supplies, strollers and countless other items to hundreds of families.

"Michael is an accomplished business leader who volunteers his time and talent to the nonprofit sector," said Lorraine Dias-Sotiriou, the board’s Chair. "Michael will add great value to our Board of Directors, and Moms Helping Moms Foundation will benefit from his insights, judgment and counsel."

Robert Bartkus To Speak at ADR Day Sponsored by ICLE

MARC’s Robert E. Bartkus will present on June 5 at the Institute for Continuing Legal Education’s ADR Day 2019: Valuable Tips for Arbitrators and Mediators for Resolving Conflict in a Complicated World.

Bob’s panel will focus on “ADR and the Courts – Update on the Cases That Are Most Important to Your Practice.” The panel will look at the general parameters of arbitration clause drafting, enforcement and interpretation in state and federal matters.

The program, at the Renaissance Woodbridge Hotel in Iselin, will include breakout sessions on a range of arbitration and mediation issues as well as a presentation on ethics and perspectives from the state and federal benches on award and post-award issues.

Bob concentrates his practice on alternative dispute resolution, business counseling and litigation.

Eleven at MARC Selected for Super Lawyers Distinction in 2019

Super Lawyers* has recognized 11 MARC lawyers for a high degree of peer approval and professional achievement.

The following were named on March 13, 2019 to the New Jersey Super Lawyers List:

• Andrew E. Anselmi, who practices Business Litigation, Complex Civil Litigation, International Arbitration, Environmental Litigation, Class Action Law.
• Robert E. Bartkus, Alternative Dispute Resolution, Business Counseling and Litigation.
• Paul F. Carvelli, Business Litigation, Employment Litigation, Environmental Litigation, Real Estate Litigation, Securities and Shareholders’ Litigation
• Michael R. Futterman, Employment Litigation: Defense, Employment Counseling, Commercial Litigation and Business Disputes, Complex Business Litigation.
• Bruce I. Goldstein, Business Litigation, Mediation, White-Collar Criminal Defense
• John B. McCusker, Employment Litigation: Defense, Environmental Litigation, Criminal Defense, Complex Commercial Litigation.
• Bruce S. Rosen, Media Law/First Amendment Law, Complex Commercial Litigation, Criminal Defense, Employment Law, Environmental Law

• Bianca M. Olivadoti, Employment Litigation: Defense, Commercial Litigation, Business Disputes.
• Laura A. Siclari, Schools and Education Law, Employment Law, Environmental Law, General Litigation.
• Katherine R. Suell, Environmental Law, Commercial Litigation.
• Zachary D. Wellbrock, Commercial Litigation, Media and First Amendment Law, Environmental Law.

Paul Carvelli Chosen for NJ Super Lawyers Top 100 List

Paul F. Carvelli, a MARC director and founding member, was selected on March 13 for the New Jersey Super Lawyers* Top 100 List for 2019.

Paul has been named to the New Jersey Super Lawyers List since 2007 and concentrates on business, employment and environmental litigation. He represents commercial clients in state and federal litigation at the trial and appellate levels. He has more than 29 years of experience advising public and private companies as well as individual clients on all legal aspects of their business.

Super Lawyers rates lawyers who have attained a high-degree of professional achievement and peer recognition. The selection process includes independent research as well as peer nominations and evaluations.

*The Super Lawyers list is published by Thomson Reuters; its selection methodology is here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Court Upholds Order Requiring Ex-Employee, Husband To Pay Novartis $1.85M in Suit That Backfired

A Third Circuit panel on Oct. 11, 2018 affirmed a $1.85 million award to Novartis Pharmaceuticals Corp., to be paid by an ex-employee and her husband/business partner.

The former employee, Afoluso Adesanya, originally filed a disability case against Novartis under the Americans with Disabilities Act and the New Jersey Law Against Discrimination.

But a trial court in Newark concluded that during her job application process, she misrepresented her prior salary and misstated her previous experience. It also found that while at Novartis, she earned more than $500,000 from other employment, in violation of her Novartis agreement.

Novartis counterclaimed for conflict of interest and breach of duty of loyalty, among other counts. The trial court found for Novartis and imposed the sanctions, including dismissal of Adesanya’s disability claims based primarily on her conduct during the litigation. The court found that she and her husband committed perjury and disobeyed numerous court orders.

Novartis’ lawyer, MARC partner John B. McCusker, assisted by of counsel Suzanne M. Murphy and associate Bianca M. Olivadoti, said, “this affirmance reinforces the warning that employees and litigants must abide by the rules.”

Read the ruling in the case, Adesanya v. Novartis Pharmaceuticals Corp.

McCusker, Olivadoti Win Dismissal of Suit in Medical Marijuana Case

  A Bergen County judge has dismissed a discrimination suit against a company that claimed it does not need to accommodate medical marijuana use by prospective employees.

Superior Court Judge Mary Thurber ruled on Oct. 1 against an applicant who alleged he was not hired as a funeral director for SCI New Jersey Funeral Services, LLC, doing business as Mack Funeral Home in Secaucus, because he disclosed he had cancer.

SCI NJ said Wild had not mentioned his diagnosis before the hiring decision, which was based on his medical marijuana use.

“This case is not about disability,” the company’s attorneys, MARC partner John B. McCusker and associate Bianca M. Olivadoti, wrote in their brief. “It is about an employer’s right to keep illegal drug use out of the workplace.”

The case is Justin Wild v. SCI New Jersey Funeral Services, LLC.

Four MARC Partners Recognized by Best Lawyers for 2019

Best Lawyers in America announced the selection on Aug. 15, 2018 of Paul F. Carvelli, Bruce I. Goldstein, John B. McCusker and Bruce S. Rosen for 2019.

Paul was recognized for commercial litigation; Bruce Goldstein, appellate practice, bet-the-company litigation and commercial litigation; John, employment law-management and litigation-environmental; and Bruce Rosen, commercial litigation, white-collar criminal defense, First Amendment law, litigation-First Amendment and appellate matters, as well as Lawyer of the Year for Litigation-First Amendment in the Newark area.

Best Lawyers in America* is a guide to legal excellence based on peer reviews.

*The Best Lawyers list is published by Best Lawyers in America and U.S. News & World Report; its selection methodology is here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Asaad K. Siddiqi Is Special Co-Editor of New Jersey Lawyer Issue on the Judiciary

MARC partner Asaad K. Siddiqi served as special co-editor of the New Jersey Lawyer June 2018 issue, titled “View From the Judiciary,” which examines judicial roles through history, the rule of law, judicial retirement and self-reflection by judges. The issue’s other special co-editor is John C. Connell, Esq. of Archer & Greiner, P.C.

The issue includes 13 articles on the court system’s evolution since passage of the 1947 New Jersey Constitution, judicial independence, dual federalism, alternative dispute resolution, the appeal of private arbitration, the utility of special masters, effective advocacy before the New Jersey Supreme Court and judges’ use of social media. The articles are written by prominent former New Jersey Supreme Court justices, Appellate Division judges as well as jurists from federal and state trial courts in New Jersey.

Asaad handles commercial and complex litigation and advises business and non-profit organizations on day-to-day matters. He serves as a member of the New Jersey Lawyer editorial board, the New Jersey Supreme Court’s Civil Practice Committee and the Committee on Model Civil Charges, and the board of trustees for the Association of the Federal Bar of New Jersey.

Read the issue here.

John Neubauer Is Named COO at MARC

John Michael Neubauer, an executive who has spent almost three decades managing law firms, was named chief operating officer at MARC on May 7, 2018.

John also has financial experience in the manufacturing, real estate development, and transportation industries.

"We are immensely fortunate to bring aboard someone with John’s expertise,” said Bruce S. Rosen, managing partner at the firm. “His deep knowledge and strategic experience touch on all aspects of running a successful law firm."

As a law firm COO, Neubauer has expertise in financial oversight, marketing, attorney recruiting, human resources, technology, law firm merger and acquisitions, compensation systems, project management, space planning and acquisition, and facilities management.

Most recently, he was the COO for a law firm in Florida. His previous positions included roles as the legal administrator at law firms in upstate New York.

John earned a B.S., with a major in accounting and a minor in computer science, from Dominican College of Blauvelt. He began his career as an accountant and quickly moved into management.

John Skarbnik Article on Casualty Losses Is Featured in The Tax Adviser

The Tax Adviser has published an article, “Casualty losses and expenditures under Sec. 162 or 165,” by John H. Skarbik.

The May 2018 article walks readers through the two code sections, the differences and the resulting tax implications.

John details the rules for deducting casualty damages to property as casualty losses under Sec. 165 and the repair of such damages as ordinary and necessary business expenses under Sec. 162.

He also makes taxpayers aware of recent legislation that restricts personal casualty losses to “qualified disaster losses.” And he explains that a safe harbor to elect not to apply capitalization rules to certain property may benefit certain small taxpayers who suffer casualty losses.

John, of counsel at MARC, practices trusts and estates law, is a CPA, is a professor of taxation at Fairleigh Dickinson University's master's of science in taxation program and has written extensively on tax issues.

Click here to read the article.

Robert Bartkus Co-authors Arbitration Book With Judge Dreier

Robert E. Bartkus and Hon. William A. Dreier, P.J.A.D. (Ret.), have co-written the New Jersey Arbitration Handbook 2018.

The handbook, published in April 2018 by Law Journal Press, guides lawyers and arbitrators through the process and the arbitrators’ expectations.

This edition has been reorganized, revised and expanded with additional material and cases.

New sections on drafting and litigating arbitration focus on requirements imposed by New Jersey statutes and recent cases in New Jersey state and federal courts. The book also expands the details distinguishing arbitration under federal law and the two principal New Jersey statutes

Judge Dreier, a retired Presiding Judge of the Appellate Division of the Superior Court of New Jersey, is a long-time arbitrator and mediator. Bob, of counsel at MARC, focuses on business and international arbitration and litigation.

ABA Publishes Robert Bartkus Piece on Rejection of Illusory Arbitration Forum

The American Bar Association’s Section of Litigation on March 8, 2018 published an article by Robert E. Bartkus, "Reference to Nonexistent Arbitration Forum Nullifies Arbitration Agreement."

The piece traces CashCall Inc.’s motions to arbitrate disputes under its agreements in accordance with the substantive and arbitration law of the Cheyenne River Sioux Tribe. A N.J. federal district court held the arbitration clause unenforceable because of a conflict between the designated tribal law and federal as well as New Jersey law. On appeal, the Third Circuit found the arbitration clause unenforceable on other grounds. Offering the AAA and/or JAMS as administrators did not cure the problem, the court said in Consumer Fin. Prot. Bureau v. CashCall, Inc., No. 15-7522, 2018 U.S. Dist. LEXIS 9057, 2018 WL 485963 (C.D. Cal. Jan. 19, 2018).

The Third Circuit also rejected CashCall’s argument that the delegation clause in its loan agreement required the court to defer to an arbitrator to decide the issues.

Bob, of counsel with MARC, concentrates on business and international arbitration and litigation.

Read his article here.

Super Lawyers Highlights Bruce Rosen's First Amendment Achievements

In an article in April 2018, Super Lawyers featured Bruce S. Rosen expanding the rights of journalists.

As the article explains, Bruce’s interest in the media is rooted in his parents’ respect for free speech. His father spoke up for him when, as editor of the high school’s underground newspaper, Bruce got into trouble for publishing an anti-war letter. And when Bruce was in elementary school, his mother quit her volunteer position as a librarian after a controversial book was pulled from the shelves.

Bruce says those two events shaped his life. “To have a part in strengthening the right to speak without consequence has always been important to me,” he is quoted as saying.

He went on to become a journalist before going to law school and representing media outlets – including numerous television networks, The New York Times and Dow Jones & Co. – in a wide range of cases.

Bruce shared with Super Lawyers his concerns for the future of the media. "My fear is that the rules are going to change," he says. "People don’t appreciate the rights that are afforded by the First Amendment and by New York Times v. Sullivan."

Read the article here.

Super Lawyers Lists 10 at MARC for 2018

Super Lawyers* announced on March 19, 2018 the selection of 10 MARC lawyers for recognition.

The attorneys chosen for the New Jersey Super Lawyers list are:

• Andrew E. Anselmi, who concentrates on complex civil litigation, corporate litigation, international arbitration, environmental litigation, class actions.
• Robert Bartkus, alternative dispute resolution, business counseling/litigation
• Paul F. Carvelli, commercial litigation and business disputes, employment litigation, environmental litigation, real estate litigation, securities/shareholders’ litigation, commercial business matters, special education.
• Michael R. Futterman, employment litigation, employment counseling, commercial litigation/business disputes, complex business litigation.
• Bruce I. Goldstein, complex business litigation, mediation, white-collar criminal defense.
• John B. McCusker, environmental litigation, criminal defense, complex commercial litigation.
• Bruce S. Rosen, complex commercial litigation, criminal defense, employment law, environmental law, media/First Amendment law.

• Bianca M. Olivadoti, employment litigation and counseling, commercial litigation, business disputes.
• Laura A. Siclari, environmental litigation, employment litigation, general litigation, environmental law, employment and labor law, education/disability law.
• Katherine Riopel Suell, environmental law, commercial litigation.

Laura Siclari To Present at Special Education Seminar

Laura A. Siclari, a MARC partner, will speak on Feb. 12-13, 2018 during the National Business Institute’s “Special Education Law From A to Z” program.

On Feb. 12, Laura will address “Fulfilling Critical Least Restrictive Environment (LRE) and Placement Decision Obligations.” Her presentation will focus on LRE, mainstreaming and inclusion requirements; the continuum of alternate placements; placement decision requirements; factors that can/cannot be considered, and necessary procedures and review when placements are changed.

On Feb. 13, she will focus on “Bullying and Special Education Students.” She will talk about when bullying is a denial of FAPE, legal considerations of moving bullied students to safer environments, methods of handling bullying through IEPs and 504 plans, and legally appropriate school policies and staff training.

Laura concentrates on education/disability, environmental and employment law as well as general litigation.

Click here for more program details

Bruce Rosen Quoted on Plaintiffs' Slim Chances in Defamation Cases

MARC partner Bruce S. Rosen was quoted in the Asbury Park Press on Jan. 13, 2018 about free speech protections that give longshot odds to defamation actions.

He was interviewed in the wake of President Trump’s criticism of the media and call to strengthen federal libel laws. Trump was reacting to publication of the book, Fire and Fury, which raised questions about his fitness for office.

Bruce, who handles First Amendment and related matters for media outlets across the country, noted that plaintiffs must show malice in false statements that led to the action. He said it's very difficult to prove people knew they were lying when they wrote the material.

Read the article here

Robert Bartkus Chosen for Nat'l Academy of Distinguished Neutrals Chapter

Robert E. Bartkus has been named to the New Jersey Academy of Mediators & Arbitrators, a chapter of the National Academy of Distinguished Neutrals, for 2018.

His appointment, effective on Dec. 18, 2017, follows his more than 40 years of experience in multiparty business and international arbitration and litigation.

Bob, of counsel with MARC, handles matters at all levels of the state and federal judiciary, and has numerous reported cases. His clients have included major U.S. financial institutions, foreign governments, trading companies and Fortune 100 companies. He is a fellow of the College of Commercial Arbitrators, the editor of New Jersey Federal Civil Procedure and co-author of the New Jersey Arbitration Handbook.

Academy members are ADR professionals recognized for experience in the field of civil and commercial conflict resolution, and for commitment to alternative dispute resolution.

Siclari Promoted to Partner at MARC Law

Laura A. Siclari, who handles environmental, employment and education/disability law as well as general litigation, has been elevated to partner at MARC Law in Florham Park.

Laura, previously a MARC associate, represents corporations, including a Fortune 500 company, and public entities and individuals.

Laura handles environmental matters from regulatory and compliance to remediation claims and litigation.

She defends clients against discrimination, retaliation, Employee Retirement Income Security Act (ERISA) and Equal Employment Opportunity Commission (EEOC) claims, among others.

She also advises students and their families on special education issues; guardianship; HIB; student discipline and expulsion; and campus due process investigations, including Title IX.

In addition, Laura handles civil litigation matters in New Jersey and New York state and federal courts.

"Laura’s thorough representation is a hallmark of her work,” said Bruce S. Rosen, managing partner at the firm. “She provides deep experience to her wide range of clients."

Laura graduated in 2004 from Rutgers University School of Law-Newark and in 2001 from The College of New Jersey.

MARC on Best Law Firms List for Commercial Litigation, 1st Amendment Law

The 2018 edition of Best Law Firms has selected MARC as a New Jersey Tier 1 firm for commercial litigation and First Amendment Law, it was announced on Nov. 1, 2017.

Best Law Firms* is a guide to legal excellence based on client and lawyer evaluations, peer reviews and additional information provided by law firms.

*The Best Law Firms list is published by Best Lawyers in America and U.S. News & World Report; its selection methodology is here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Third Circuit Affirms Fair-Report Privilege in Libel Case

The New York Daily News, TMZ Productions Inc. and other media outlets did not engage in libel by reporting on a wrongful arrest in a drug and prostitution case, charges that were later dropped, the Third U.S. Circuit Court of Appeals held on Oct. 17, 2017.

The three-judge panel said the news articles were protected by the New Jersey fair-report privilege because they relied on statements by New York Attorney General Eric Schneiderman during a press conference and in a news release.

The ruling affirmed dismissal of the claims. MARC partner Bruce S. Rosen, along with Daily News in-house counsel Matthew Leish, represented the newspaper.

The articles present "full, fair and accurate reports" of Schneiderman’s comments, the court said. It added, "whether an article is entitled to the protections of the fair-report privilege does not hinge on the accuracy of the underlying official document or statement."

The charges against the plaintiff, a woman erroneously tied to the case, were dropped after her attorney provided exculpatory evidence showing she could not have committed the acts with which she was charged.

Her "ultimate exoneration is not determinative," the court said.

The court found it proper for the media outlets to report on her arrest. Her grievance is with the attorney general, not the media, the judges continued.

Read the decision and sample media coverage here and here.

Four at MARC on Best Lawyers List for 2018

Four partners at McCusker, Anselmi, Rosen & Carvelli were selected on Aug. 15, 2017 for inclusion in the 2018 edition of Best Lawyers in America.

Paul F. Carvelli was chosen for Commercial Litigation; Bruce I. Goldstein for Appellate Practice, Bet-the-Company Litigation, Commercial Litigation and Lawyer of the Year in Newark for Bet-the-Company Litigation; John B. McCusker for Employment Law-Management and Litigation-Environmental; and Bruce S. Rosen for Commercial Litigation, Criminal Defense: White Collar, First Amendment Law, Litigation-First Amendment, and Lawyer of the Year in Newark for First Amendment Law.

Best Lawyers in America* is a guide to legal excellence based on peer reviews.

*The Best Lawyers list is published by Best Lawyers in America and U.S. News & World Report; its selection methodology is here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Andrew Anselmi, Alice Shanahan and Asaad Siddiqi Chosen as American Bar Foundation Fellows

MARC partners Andrew Anselmi, Alice Shanahan and Asaad Siddiqi were elected in June 2017 as fellows of the American Bar Foundation.

Andrew, who concentrates on complex commercial and criminal litigation, defends a broad range of high-stakes lawsuits, including environmental, business dispute, employment and products liability matters.

Alice represents and counsels clients in highly complex environmental matters in New Jersey and New York as well as on transactional and contract issues.

Asaad, a litigator, advises corporate and nonprofit clients on commercial, white collar, and employment matters as well as investigations and compliance.

The American Bar Foundation advances justice through research, publications and programs on the law and its impact on society.

ABA Publishes Robert Bartkus Article on Arbitration Standard

The American Bar Association has published a piece by Robert E. Bartkus analyzing a Third U.S. Circuit Court of Appeals ruling that clarifies the standard for finding an agreement to arbitrate.

The piece posted by the ABA Section of Litigation-Alternative Dispute Resolution on June 7, 2017 examined the recent ruling in Aliments Krispy Kernels, Inc. v. Nichols Farms. As Bob explains, the court confirmed the demise of a 1980 circuit precedent because it conflicted with a 1995 U.S. Supreme Court ruling that ordinary contract and agency principles must be applied when determining the existence of an arbitration contract.

In his analysis, Bob, of counsel at MARC, also noted that the Aliments decision leaves open questions about the interplay between the Federal Arbitration Act and the Uniform Commercial Code.

Read Bob’s commentary and the circuit decision.

Ex-Employee Who Sued Novartis Ends Up Being Ordered to Pay $1.85M

Novartis Pharmaceuticals Corp. has been awarded $1.85 million from a former employee who worked for competitors while on the payroll and lied in a suit against the company and on her job application.

U.S. District Judge Susan D. Wigenton set the amount of damages and sanctions on June 5, after finding for Novartis on fraud as well as breach of conflict of interest policy, duty of loyalty and contract counterclaims.

Her ruling follows the dismissal last year of the plaintiff’s federal and state disability claims.

At that time, Wigenton concluded that the plaintiff, physician Afoluso Adesanya, deceived Novartis and the court by misstating her employment history, outside consulting, income sources and other matters.

In her most recent ruling, the judge said the company was due $457,040 in attorney’s fees and costs and $1,393,918 in damages from Adesanya, and an additional $23,714 from her husband/business partner.

The damages include repayment of almost $500,000 in income from other companies while a full-time Novartis employee, $647,694 in cash compensation and company benefits, $210,403 in bonuses and $26,818 in relocation expenses.

Wigenton said the deceptions and discovery violations forced Novartis to "incur additional effort and expense to obtain additional information plaintiffs should have provided."

Novartis was represented by MARC partner John B. McCusker, of counsel Suzanne M. Murphy and associate Bianca M. Olivadoti.

Adesanya sued under the Americans with Disabilities Act and the New Jersey Law Against Discrimination, claiming Novartis failed to accommodate her back and neck problems by not permitting her to work from home more than two days a week.

But MARC showed she was engaging in other employment—jointly owning a pharmaceutical company and holding outside pharmaceutical consulting jobs. The attorneys also discovered she had misrepresented her prior salary and other information when she applied to Novartis.

Read sample news coverage of Wigenton’s ruling.

John Skarbnik To Co-Present at Seminar for Accounting-Firm Leaders

John H. Skarbnik will address partners and managers of the accounting firm of Eisner Amper during a tax training session on May 15, 2017 in New Brunswick.

He will focus on compensatory distributions of partnership interests, passive activity loss rules, and real estate professionals, among other topics.

John, of counsel at MARC, practices trusts and estates law, is a CPA, is a professor of taxation at Fairleigh Dickinson University's master's of science in taxation program and has written extensively on tax issues.

The Tax Adviser Publishes Accrued Liabilities Article Co-Written by John Skarbnik

MARC of counsel John H. Skarbnik has co-authored an article, "Giant Eagle and Economic Performance Under Sec. 461(h)," in the April 2017 issue of The Tax Adviser.

John and Frank L. Brunetti analyzed the holding and reasoning of the U.S. Court of Appeals for the Third Circuit in Giant Eagle Inc. v. Commissioner, which allowed the grocery chain’s tax deductions on shoppers’ earned, but not yet redeemed, loyalty discount rewards.

The court found that Giant Eagle “demonstrated the existence — as of year’s end — of both an absolute liability and a near-certainty that the liability would soon be discharged by payment.” The court reasoned that Giant Eagle entered into a binding, unilateral agreement with customers when groceries were purchased, which established liability.

As a result, the court held that Giant Eagle was entitled to a $3.7 million tax deduction. The ruling reversed a U.S. Tax Court decision that the liabilities were not yet fixed.

The Tax Adviser is a monthly publication of the American Institute of CPAs.

Robert Bartkus Co-Authors Arbitration Book With Judge Dreier

Robert E. Bartkus and Hon. William A. Dreier, P.J.A.D. (Ret.), have co-written the New Jersey Arbitration Handbook, 2017 edition.

The handbook, published in April 2017 by Law Journal Press, is a guide for lawyers and arbitrators from the perspective of two experienced arbitrators

The authors provide practical, valuable information about arbitration in New Jersey, from the reasons for arbitrating disputes, making the selection and conducting the arbitration, to enforcement of the award.

In particular, the handbook draws attention to differences in the process between New Jersey and other states and between federal and state statutes and cases. Appendices include the text of relevant rules and statutes and descriptions of the most recent New Jersey cases in state and federal courts, including a new subject index of cases.

Bartkus, of counsel at MARC, focuses on business and international arbitration and litigation.

AG Loses Bid To Reinstate Prior Restraint Against Newspaper

A New Jersey appeals court handed the state a loss on April 24, 2017 in its effort to gag the Trentonian and its reporter from writing about a 5-year-old boy who brought drugs to school.

At issue was a child-abuse complaint obtained by reporter Isaac Avilucea, who was represented by MARC partner Bruce S. Rosen.

Publication restraints had been in place for five months during arguments over the order’s legality. In March, a trial judge dissolved the restraints after finding that Avilucea obtained the documents lawfully. The Trentonian then published the documents, omitting the boy’s name.

Noting that the information in the complaint had been published, Appellate Division Judges Mitchel E. Ostrer and George S. Leone rejected as moot the state’s motion for an emergent stay of the order that allowed publication.

The judges also found that the state Division of Child Protection and Permanency did not show that the relief was needed to prevent irreparable harm. In addition, they noted that "prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights."

Rosen said, "The court could have just checked off the box that said ‘denied.’ Instead, it issued a strong, seven-page statement against prior restraint that was virtually unequivocal in its tone."

Read the order, the supplemental order and a sample of media coverage in New Jersey Division of Child Protection & Permanency v. T.F., M.L. & E.W. v. The Trentonian & Isaac Avilucea.

College of Commercial Arbitrators Publishes Robert Bartkus Blog Item

MARC’s Robert E. Bartkus wrote an article for the College of Commercial Arbitrators’ (CCA) blog on two recent precedential Third Circuit cases that clarify standards for finding an arbitrable contract.

Bob wrote that in Aliments Krispy Kernels, Inc. v. Nichols Farms, __ F.3d __, 2017 U.S. App. LEXIS 4991 (3d Cir. Mar. 21, 2017), the court confirmed the demise of part of a 36-year-old circuit precedent.

And in James v. Global Tel*Link Corp., __ F.3d __, 2017 WL 1160893 (3d Cir. Mar. 29, 2017), the court affirmed an order declining to require arbitration for most plaintiffs in a proposed class action over pricing for inmate telephone services. Bob wrote that the clarity and brevity of the legal reasoning warrant attention.

Bob’s article was posted on the CCA site on April 7, 2017.

Bruce Rosen To Discuss Emerging Legal Challenges for the Media

MARC partner Bruce S. Rosen will serve on a panel, "Walk the Line With Media Law," during the Society for Professional Journalists (SPJ) regional conference in New York on April 8.

Bruce and co-panelist Robert Penchina, a partner with Levine Sullivan Koch & Schulz in New York, will speak on the current state of media law and the First Amendment in a contemporary post-Trump world. Libel, privacy, newsgathering and intellectual property law as it relates to journalists in today’s precarious environment will be addressed.

Roy Gutterman, an associate professor at Syracuse University’s S.I. Newhouse School of Communications, will moderate the panel, to be held at John Jay College. The theme of the conference is "Practicing Journalism in Dangerous Times."

Media Victory in NJ A.G.'s Censorship Suit

A New Jersey judge has dismissed the state attorney general’s prior-restraint case against The Trentonian and a reporter who gained access to a child-abuse complaint.

Mercer County Superior Court Judge Lawrence De Bello ruled on March 27, 2017 that the state presented no evidence that reporter Isaac Avilucea illegally obtained the verified complaint.

De Bello had previously ruled that under U.S. Supreme Court precedent, lawfully obtained information cannot be the subject of a prior restraint.

At issue was the complaint against family members of a 5-year-old boy, who was found with drugs at school twice in six weeks.

Avilucea, represented pro bono by MARC partner Bruce S. Rosen, said he obtained the complaint from the child’s mother in a courtroom hallway.

The Attorney General’s Office, on behalf of the New Jersey Division of Child Protection and Permanency, contended that Avilucea did not receive the complaint legally. The state moved to bar the newspaper from publishing the information, and last October, Judge Craig Corson issued a temporary injunction.

In February, De Bello said Avilucea’s testimony on how he got the complaint was credible.

The suit is unusual because courts rarely issue prior restraint orders against media outlets.

Read De Bello’s order here.

ABA Publishes Robert Bartkus' Analysis of 2 New ADR Business Rulings

Two recent ADR decisions provide valuable lessons on negotiated contracts and commercial terms between merchants, according to an article written by Robert E. Bartkus and published by the American Bar Association.

The rulings by the Third U.S. Circuit Court of Appeals and the New Jersey Supreme Court guide lawyers and others in drafting and enforcing arbitration clauses. Although both cases were in the context of consumer transactions, they hold useful direction on fair notice and arbitration rules for businesses.

The ABA’s Section of Litigation published the article on March 22, 2017.

Bob, of counsel at MARC, concentrates on business and international arbitration and litigation. He is the author or editor of numerous legal treatises and is co-author of the New Jersey Arbitration Handbook, to be published by Law Journal Press in April.

Seven at MARC Named to New Jersey Super Lawyers Lists for 2017

Super Lawyers* announced on March 14, 2017 the selection of seven MARC lawyers for recognition in 2017.

The attorneys chosen for the New Jersey Super Lawyers list are:

• Andrew E. Anselmi, who practices complex commercial litigation, environmental law, employment law, products liability and criminal defense.
• Robert E. Bartkus, alternative dispute resolution, and business counseling and litigation.
• Paul F. Carvelli, commercial litigation and business disputes, employment litigation, environmental litigation, real estate litigation, securities and shareholder litigation, and special education and related areas.
• Bruce I. Goldstein, complex business litigation, mediation and white-collar criminal defense.
• John B. McCusker, employment litigation defense, environmental litigation, criminal defense and complex commercial litigation.
• Bruce S. Rosen, complex commercial litigation, criminal defense, employment law, environmental law and media law / First Amendment.

• Michael R. Futterman, employment litigation defense, employment counseling, commercial litigation and complex business litigation.

U.S. News & World Report Quotes John Skarbnik on Probate Disputes

John H. Skarbnik was quoted in U.S. News & World Report on how to avoid a lengthy probate process with family members.

John, who is of counsel at MARC, said in the Jan. 27, 2017 article that the best way around family friction is to explain intentions as specifically as possible in the will or side letters. One possibility, depending on the state, is to add a clause to the will that anyone who legally challenges it will lose his or her bequest.

Clarity is especially important as most family litigation is rooted in disputes that began in childhood, John said.

John concentrates on corporate, shareholder, tax, and trusts and estates law. He is a certified public accountant and a professor of taxation at Fairleigh Dickinson University’s master’s of science in taxation program.

Read the article here.

Third-Party OPRA Requests Available to Records Seekers

In a defeat for the Christie Administration, a New Jersey appeals court ruled on Jan. 27, 2017 that government-record seekers may have access to document requests filed by third parties.

The Appellate Division held in Scheeler v. Office of the Governor that the administration erroneously relied on dicta in a 2005 case to justify not releasing third-party requests under the Open Public Records Act.

The appeals court ruling affirms a decision by Mercer County Assignment Judge Mary Jacobson and $29,000 in attorney’s fees so far.

MARC partner Bruce S. Rosen, pro bono counsel for the ACLU of New Jersey Foundation, represented the plaintiff, Harry Scheeler.

The citizen activist had asked the governor’s office for OPRA requests it received in January 2014 as well as requests, from Sept. 1, 2013 to Feb. 10, 2014, about the closure of George Washington Bridge lanes. Scheeler also filed OPRA requests with a host of state agencies, most anonymously.

His requests were denied by the governor’s office under Gannett N.J. Partners, LP v. County of Middlesex, a 2005 appeals court ruling, and on the ground that OPRA allows denials of anonymous requests.

But Jacobson found that the Gannett discussion about third-party requests was dicta and not binding precedent. She did allow the government to redact personal information from the records.

The appeals court said OPRA does not bar disclosure of requests, adding that the defendants did not cite a statute, legislative action, executive order or court rule to back up their claim.

The court also said the plaintiffs made their request with sufficient specificity, rejecting the defendants’ contention.

Rosen said the requests at issue are public in many other states and under the Freedom of Information Act. They were allowed in New Jersey from the beginning of OPRA in 2002 until 2013, after the first OPRA responses were produced in the George Washington Bridge case. At that point, the administration declared such requests improper.

Read sample news coverage of the decision.

TV Show Features Robert Bartkus on Creating a Corporation

Robert Bartkus was interviewed on "Today’s Verdict" - a television show about legal issues - on how to set up a business corporation.

During the half-hour, live show, which aired Jan. 17, 2017 on BronxNet, Bob instructed viewers on key points to keep in mind when creating a corporation.

He discussed topics such as pitfalls to avoid, taxes, debts, minority shareholders, the need to raise capital, shareholder agreements, steps to take when a shareholder wants to leave, and LLCs as opposed to corporations, among other subjects.

Bob was interviewed by the show’s host, trial attorney David Lesch.

Bob, of counsel at MARC, concentrates on business arbitration and litigation.

BronxNet Television is an independent, not-for-profit, local television station. Watch the interview here.

Laura Siclari To Present on Special Education Law at NBI Seminar

Laura A. Siclari will speak on Unraveling the Complexities of Special Education Laws during a two-day National Business Institute (NBI) continuing education seminar for professionals.

On Feb. 22, she will present on “Fulfilling Critical Least Restrictive Environment and Placement Decision Obligations.” Laura will cover services schools must provide, the continuum of alternate placements, placement decision requirements, and factors that can and cannot be considered.

On Feb. 23, she will speak on “Bullying and Special Education Students.” She will focus on when bullying is a denial of free and appropriate public education (FAPE) mandates, legal considerations in moving bullied students to safe environments, ways to address bullying through IEPs and 504 plans, and appropriate school policies and staff training.

This basic-to-intermediate level seminar, to be given in Newark, is designed for school administrators, superintendents, principals, school board members, school psychologists, counselors, teachers and attorneys.

Details about the program are available here.

Laura concentrates on special education, disability, environmental and labor/employment law as well as general litigation.

Asaad Siddiqi Co-Edits Magazine Issue on Cyber Security

MARC partner Asaad K. Siddiqi served as a special co-editor of a series of articles on cyber-security in the December 2016 issue of New Jersey Lawyer, the New Jersey State Bar Association's bi-monthly magazine.

"With the rapidly changing legal landscape when it comes to technology and its impact, it’s crucial for attorneys to remain up to date. This timely collection of articles assists attorneys in guiding clients large and small," Asaad said.

The articles by various authors include suggestions for protecting trade secrets using the New Jersey Trade Secret Act and the Defend Trade Secrets Act, cyber risks posed by mobile health apps, an analysis of whether cyber-risk assessments may become discoverable in civil litigation following a data breach, ransomware attacks and risks of organizational liability for not being prepared, advice to clients responding to data breaches, guidance to businesses about staying current on cyber-security best practices, and cyber-insurance and related coverage issues.

Asaad concentrates on commercial litigation, corporate matters, criminal defense, employment & labor issues, federal and state investigations/compliance, insurance/indemnification and professional misconduct/attorney ethics.

Student Mentored by Michael Futterman Places First in Debate

A Newark high school student mentored by MARC partner Michael R. Futterman took home a first-place trophy on Nov. 11, 2016 in a debate over affirmative action in higher education.

NJ LEEP Inc., a college-preparation nonprofit in Newark, ran the debate on the constitutional implications of a race-conscious admissions program at a hypothetical public university. The debate judges included attorneys and Seton Hall University School of Law professors.

The organization, based at the law school, provides law-related and college-access programming to middle and high school students in Newark and offers guidance to its alumni who are in college.

Michael meets frequently with his mentee, and his role includes helping the student prepare and write briefs for four constitutional law debates.

MARC also offers NJ LEEP students a weeklong summer internship that exposes them to a range of practice areas, from employment to First Amendment law.

John McCusker, Bianca Olivadoti Win Voluntary Dismissal of Employment Claims

John McCusker, with the assistance of Bianca Olivadoti, successfully defended employment claims by a former employee against a global oil company and two of his former supervisors.

Originally filed in October 2013 in Hunterdon County Superior Court, the complaint alleged causes of action under the New Jersey Conscientious Employee Protection Act (CEPA), the New Jersey Law Against Discrimination (LAD) and common law.

After three years of protracted litigation, the plaintiff voluntarily dismissed all claims, with prejudice and without any concession—monetary or otherwise—against MARC's clients. The stipulation of dismissal was filed in late October 2016.

MARC Defeats Bid for Injunction Against Franchise Expiration, Allegation of Ill Motive

On October 24, 2016, a federal judge in Trenton denied a service station operator's application for an injunction that would have disrupted operations of MARC’s client, a petroleum distributor, by suspending the expiration of a franchise agreement and turnover of the station.

The agreement was set to expire after the plaintiff operator’s refusal to agree to the distributor’s renewal terms. The operator argued that the renewal terms included excessively high rents that reflected a bad-faith attempt to drive it out of the station so the distributor could replace the plaintiff with a company agent.

MARC partner Bruce S. Rosen and associate Zachary D. Wellbrock presented testimony of the distributor’s vice president and regional manager to show that the proposed rents were calculated in good faith and in the normal course of business and that the distributor had no interest in replacing its franchised operators with company agents.

Although the federal Petroleum Marketing Practices Act sets exceptionally relaxed requirements for issuing injunctions against the termination of a service station franchise, the court found that even this low hurdle had not been met.

After two days of testimony by representatives of the plaintiff and the distributor, U.S. District Court Peter Sheridan denied the requested injunction. He held that there were not "sufficiently serious questions” as to the distributor’s good faith and that the issue was therefore not “a fair ground for litigation."

Michael Gogal Settles Employment Case for Nuisance Value

MARC partner Michael Gogal successfully resolved a race discrimination and retaliation complaint on Oct. 20, 2016, including the withdrawal of EEOC charges.

A former employee filed the suit in U.S. District Court in Illinois against Michael’s client, a packaging and staffing company.

The settlement was for a nuisance value.

Michael concentrates on commercial, environmental and labor/employment law as well as tort and product liability defense.

MARC Seeks GWB Mistrial Documents on Behalf of Media Companies

Bruce S. Rosen and Zachary D. Wellbrock, representing a consortium of media companies, on Nov. 3, 2016 asked the judge in the case over the George Washington Bridge closures to release documents related to the defense’s mistrial motion.

The MARC attorneys said the case “is one of the highest-profile trials of public officials in state history and it continues to draw national attention.

"It is essential to public confidence in the integrity of the judicial system that the public be able to fully understand and discuss the issues at stake as to conduct of this trial," said Rosen, a partner, and Wellbrock, an associate.

They said their clients are seeking First Amendment and common law access to documents filed in redacted form in support of a mistrial. The media companies also oppose the government’s request to seal a letter it sent to the court in the matter, seek access to the transcripts of a sealed proceeding and ask the court not to exclude the media and public from access to proceedings without articulating a compelling need.

Two former Gov. Chris Christie allies—Bridget Anne Kelly, former deputy chief of staff to the governor, and Bill Baroni, former deputy executive director of the Port Authority of New York and New Jersey—are on trial for alleged roles in a plan to close bridge lanes as political retribution.

On Nov. 3, the defense filed a mistrial motion after U.S. District Judge Susan Wigenton told the jurors that the object of the alleged conspiracy was irrelevant.

Rosen and Wellbrock said the defense "filed the brief in support of the mistrial motion with every word of argument redacted and without any accompanying sealing motion, providing no public explanation or reasoning or for such redactions."

The media outlets seeking the documents include Gannett Co., Bloomberg L.P., The New York Times Co., ABC News, Politico, New Jersey Advance Media, Dow Jones & Co., the Associated Press, Public Media NJ Inc., and New York Public Radio.

Read the media companies' letter motion to unseal.

Diocese Honors Anselmi With Award at Red Mass

MARC partner Andrew E. Anselmi was honored on Oct. 2, 2016 with the inaugural Diocesan Advocati Christi Award and a portrait of St. Thomas More, the patron saint of lawyers, at the Paterson Diocesan Red Mass.

During its Red Mass, the Diocese recognized Andrew as a friend and supporter of the Evangelization Center and chairman of the board of trustees of St. Paul’s Inside the Walls in Madison, where the event took place. Anselmi also serves as chairman of the board of Assumption College for Sisters in Morristown.

The Red Mass is a time of reflection on the impact of faith on members of the legal profession – judges, attorneys, law school professors, students and government officials – and is celebrated annually in the Catholic Church around the world.

Anselmi concentrates on complex commercial, environmental and employment litigation.

Laura Siclari Garners Discovery Win in Case Against NYC Private School

The New York State Supreme Court on Sept. 22, 2016 ordered a Manhattan private school to produce documents and submit for depositions in an investigation that led to a student being told to leave or face expulsion.

Without the documents, the court said it could not determine whether the school followed its procedures and acted rationally.

The student, a ninth grader, was found to have inhaled from a water vaporizer pen at school with several other students, but was the only student forced to leave.

The family’s Article 78 proceeding/breach of contract action, brought by MARC attorney Laura A. Siclari, contends that the school failed to comply with its own rules. The school produced only heavily redacted and limited documents in its answering papers, prompting the petitioners to move for leave to conduct discovery.

In Article 78 special proceedings, discovery is not permitted absent an order of the court and only in exceptional circumstances. Historically, courts have granted such motions sparingly. Thus, the court’s ruling marks a strong win for the petitioners in their action against the school.

Laura Siclari To Present on Disciplining Students With Behavioral Issues

MARC attorney Laura A. Siclari will speak at a National Business Institute (NBI) seminar on the legalities of disciplining students with behavioral issues.

Her Oct. 19, 2016 presentations will cover laws such as the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, No Child Left Behind Act, NJ Anti-Bullying Bill of Rights, Americans With Disabilities Act, other statutes and school district codes of conduct.

The program is designed for school administrators, teachers, principals and vice principals, counselors, psychologists, social workers, school nurses, special education program specialists, attorneys and paralegals. Continuing education credit is available.

Read about the seminar here.

Dismissal of Defamation Suit Over Republished Material Is Upheld

A New York appeals court on Sept. 21, 2016 affirmed the dismissal of a defamation suit against WPIX-TV by a man police identified in a photograph as an attempted rape suspect.

The police originally asked for help in identifying the suspect and later announced the arrest of someone else, but did not announce that the man in the photograph and the suspect were different people.

The New York Appellate Division: Second Judicial Department held that the news reports, based on emails from the NYC Police Department, were substantially accurate and were protected under the fair-report privilege.

"The privilege is not defeated by the NYPD's error in identifying the plaintiff by his photograph as the assailant," the court found.

WPIX’s attorney, MARC partner Bruce S. Rosen, said the TV station was unaware that the suspect was not the man in the photograph.

Read the ruling here.

MARC Welcomes Partner, Of Counsel

MARC has brought aboard two attorneys, broadening its corporate, employment and white-collar litigation work as well as its tax, trusts and estates, business structuring and other practice areas.

Asaad K. Siddiqi and John H. Skarbnik joined the firm on Aug. 22, 2016.

"Asaad deepens and expands our robust litigation practice, while John’s extensive corporate, tax and trusts and estates work brings a new dimension to the firm,” said Bruce S. Rosen, MARC’s managing partner. "It’s really a perfect match."

The additions boost MARC’s attorney count to 28.

Siddiqi, a partner, focuses on commercial litigation, federal and state investigations and compliance, insurance/indemnification, white-collar criminal defense, employment/labor, corporate and shareholder disputes, and professional licensing/attorney ethics. He also guides business clients on issues such as corporate governance, best practices, dispute resolution and international transactions.

Siddiqi graduated from St. John’s School of Law in 2001 and Rutgers University in 1998.

Skarbnik, of counsel, concentrates on tax, trust and estate planning, estate administration, business transactions, formation of businesses, and representation of taxpayers before the IRS and State of New Jersey in tax controversies. Since 1988, he has been a professor at Fairleigh Dickinson University in its master’s of science in taxation program.

Skarbnik earned an LL.M. in Taxation from New York University School of Law in 1984, a J.D. from Rutgers University School of Law in 1979 and a B.A. from Rutgers University in 1976.

NJTV Interviews Bruce Rosen on Document-Access Denial

A NJ appeals court has unnecessarily narrowed the law that allows public access to government records, according to MARC partner Bruce S. Rosen in an interview with NJTV.

On Aug. 31, 2016, the court said the government can deny access to public records by neither confirming nor denying they exist.

The case, North Jersey Media Group v. Bergen County Prosecutor’s Office, involved a request for documents about a priest whom a reporter thought was under investigation but had not been charged.

In the Aug. 31 interview, Bruce said the ruling creates an exemption in the law, the Open Public Records Act. He also said it was a fallacy to conclude that the reputation of an individual who had not been charged would be damaged by release of the documents.

Read the interview and the court ruling.

Disability Claims Against Pharma Co. Dismissed; Sanctions Granted

Finding perjury and discovery violations, a federal judge in Newark has dismissed a former employee's federal and state disability claims, and granted the company sanctions against her.

In the Aug. 15, 2016 ruling, the court also awarded the global pharmaceutical company summary judgment on five of its eight affirmative claims against the plaintiff as well as sanctions against her husband/business partner for failure to comply with ordered discovery and for false testimony.

The plaintiff claimed she was discriminated and retaliated against on the basis of neck and back issues when she was not permitted to work from home more than two days a week. She sued under the Americans with Disabilities Act and the New Jersey Law Against Discrimination.

MARC investigated her claims and background and discovered she jointly owned a "specialty pharmaceutical company" and misrepresented herself during the employment application process. Then, despite the plaintiff's attempts to obstruct discovery and further mislead the company, MARC uncovered two additional outside pharmaceutical consultancies she simultaneously held while at the company.

The case highlights the importance of a thorough investigation. The court stated that this decision should serve as "an object lesson to future litigants who may desire to follow the same path," as a warning to litigants seeking to mislead opposing counsel and manipulate the judicial process with frivolous claims.

The company's legal team was led by MARC partners John B. McCusker; of counsel Suzanne M. Murphy; and associate Bianca M. Olivadoti.

Four at MARC Named to Best Lawyers List for 2017

Four partners at McCusker, Anselmi, Rosen & Carvelli were selected on Aug. 15, 2016 for inclusion in the 2017 edition of Best Lawyers in America.

Paul F. Carvelli was chosen for Commercial Litigation; Bruce I. Goldstein for Appellate Practice, Bet-the-Company Litigation and Commercial Litigation; John B. McCusker for Employment Law-Management and Litigation-Environmental; and Bruce S. Rosen for Commercial Litigation, First Amendment Law, Litigation-First Amendment, and Lawyer of the Year in Newark for Litigation-First Amendment.

Best Lawyers in America* is a guide to legal excellence based on peer reviews.

*The Best Lawyers list is published by Best Lawyers in America and U.S. News & World Report; its selection methodology is here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

MARC Wins Dismissal of Claims Against Dry-Cleaning Company

A New Jersey judge tossed all claims on July 15, 2016 against a dry-cleaning company named in a civil suit for contribution and apportionment of remediation costs under the New Jersey Spill Act.

The dispute arose from tetrachloroethylene (PCE) contamination at a strip mall in Freehold, NJ. The resulting complex environmental litigation consisted of two consolidated actions involving claims among and against the owner of the underlying property, the mall's owner and landlord, the landlord's commercial tenant who subleased out the mall’s individual commercial storefronts, at least four subtenants who operated dry-cleaning businesses at the property at some time between 1979 and 2009, and an environmental consultant who investigated the property in 2007.

Michael R. Futterman and Zachary D. Wellbrock obtained summary judgment ordering that all claims against MARC's client be dismissed after nearly three years of discovery and litigation.

Monmouth County Superior Court Judge Jamie S. Perri held that, despite ample time for investigation and discovery, there was no evidence that MARC's client, which ceased operations at the property in 1989, was responsible for the property contamination or that the contamination existed before the client ceased operations.

The plaintiff had therefore failed to establish the required nexus between MARC's client and the contamination so as to trigger potential liability under the Spill Act.

NJ.com Quotes Bruce Rosen on Shared Streaming-Services Passwords

A California federal appeals court has ruled that sharing passwords for streaming services, such as Netflix and HBO Go, might be a federal crime. But in a July 13, 2016 NJ.com story, several experts, including MARC’s Bruce S. Rosen, said those worries are overstated. "I don't think anyone is going to be knocking on your door soon to take you away if you share these passwords," Bruce said. "If anything, it may give companies some comfort that they can legally restrict use to the paying customer, but that's a business decision that will cut against common practice for many streaming services."

Bruce Goldstein Speaks at Civil Trial Advocacy Institute

Bruce I. Goldstein presented on July 11, 2016 at the Civil Trial Advocacy Summer Institute, sponsored by the New Jersey State Bar Association and the American College of Trial Lawyers. Bruce, a fellow of the College and a partner at MARC, gave a demonstration of the direct examination of an economics expert.

Robert Bartkus, Bruce Goldstein To Provide Expertise at Arbitration Seminar

MARC’s Robert E. Bartkus will moderate and Bruce I. Goldstein will serve as a panelist at an American Arbitration Association program, "New Jersey Commercial Arbitration Clauses: A Seminar for Transactional Lawyers." The program will focus on ADR clauses that maximize party choice, arbitration/mediation issues, NJ commercial arbitration clauses before and after Atalese v. U.S. Legal Services Group, L.P., recent NJ case law on ADR clauses and international issues for NJ clauses. The Sept. 13 seminar will take place at the AAA offices in Somerset. Click here to read about the program.

Law360 Quotes Robert Bartkus on Arbitration Pacts That Survive Scrutiny

MARC’s Robert E. Bartkus was mentioned on July 6, 2016 in a Law360 article on how to craft an arbitration agreement so it meets recent NJ case law. In Morton v. Sanford Brown Institute (2016) and Atalese v. U.S. Legal Services Group LP (2014), the NJ Supreme Court reinforced that arbitration agreements must include a waiver of one's right to go to court and a clause that an arbitrator will decide whether the parties agreed to arbitration. Bob advises that contract writers use plain English and make sure the arbitration clause complies with recent law. "Do not simply go to an old form book or an old contract and copy what someone else has used," Bartkus said. "Those were probably written without taking into account the court's current concerns." Click here to read the article.

Judge Prevents Student From Graduating, Says High School Owes Him More

A NJ judge granted a high school student’s request that he not be forced to graduate because he lacks the basic reading skills needed to even pass a driver’s education exam or fill out a job application.

The June 2016 ruling granted emergency relief and directed that the student be provided with further educational services in September while the merits of his case are pending.

The student’s attorney, MARC’s Laura A. Siclari, says the school district ignored his severe learning disabilities by not providing specialized reading and math instruction. As a result, he did not receive a Free Appropriate Public Education (FAPE), as required by law. The district wanted to graduate him anyway.

The judge said graduation would interrupt the specialized Orton Gillingham reading instruction the district began to provide only two months ago at the demand of counsel, and which finally permitted the student to begin to make meaningful progress after reading at a third grade level for years. The judge also said the student showed he would otherwise be irreparably harmed and suffer greater harm than the district if relief were not granted.

Michael Futterman Named to Advisory Panel of NJ LEEP

Michael R. Futterman was appointed in May 2016 to the advisory board of NJ LEEP Inc. (New Jersey Law and Education Empowerment Project). The organization, based at Seton Hall University School of Law, provides law-related and college-access programming to middle and high school students in Newark. NJ LEEP also offers guidance to its alumni who are in college. The advisory board is made up of attorneys, state officials and corporate executives.

Unindicted Co-Conspirators' Names Ordered Released in GW Bridge Case

Bruce S. Rosen convinced a federal judge on May 10, 2016 to order release of unindicted co-conspirators’ names in the upcoming criminal trial over George Washington Bridge lane closures. U.S. District Judge Susan Wigenton in Newark said the public’s right of access outweighed the unnamed parties’ privacy interests. She also said the people on the list likely are public employees, or elected or appointed officials. Bruce represented a consortium of media companies – North Jersey Media Group, Bloomberg L.P., NBCUniversal Media, The New York Times Co., NJ Advance Media, Dow Jones & Co. Inc., the Associated Press, Public Media NJ Inc., New York Public Radio, American Broadcasting Cos. Inc., Philadelphia Media Network, PBC and Politico. Click here to read the opinion and here and here to read sample news coverage. Click here and here to read sample news coverage of the filing by Bruce and Sarah Fehm Stewart. Other documents about the case are available here.

Consumer Fraud Suit Yields $910,000 Judgment

Andrew E. Anselmi, Rosemarie DaSilva, and Zachary D. Wellbrock obtained summary judgment of $910,000, including treble damages, in a consumer fraud suit that alleged a general contractor and an affiliated subcontractor overbilled in a housing venture, misappropriated project funds and failed to pay some subcontractors. The plaintiff alleged Consumer Fraud Act violations as well as breach of contract, breach of the covenant of good faith and fair dealing, fraud, unjust enrichment and negligence. On April 29, 2016, Essex County Superior Court Judge Dennis Carey III granted MARC’s motion for summary judgment, which was argued by Wellbrock. Anselmi, DaSilva and Wellbrock had previously obtained summary judgment dismissing all claims asserted against their clients. Click here to read an article in the New Jersey Law Journal about the case (second item).

Robert Bartkus Becomes College of Commercial Arbitrators Fellow

Robert E. Bartkus was elected a fellow of the College of Commercial Arbitrators on April 14, 2016. The college, made up of nationally and internationally recognized arbitrators, promotes high standards of conduct, develops best practices, and provides training and professional development in the field of complex arbitration. Bob concentrates on multiparty business and international arbitration and litigation.

Defamation Suit Over Book About Cross-Country Trek Is Tossed

A federal judge has dismissed a defamation suit over a coming-of-age book about two high school friends who hitchhiked across the country. Their names were changed in the book, We Picked Up, but the plaintiff claimed he was depicted as a character who engaged in larceny, promiscuity and drug use. Judge Noel L. Hillman, sitting in Camden, held on April 6, 2016 that the suit was filed past the deadline. Bruce S. Rosen, who represented the company that helped the author self-publish the book, argued that the suit was filed late, and even if it wasn’t, the book wasn’t defamatory. Click here to read the decision.

Persecution Suit Dismissed Against Chinese Journalist

A federal judge has dismissed the case of a Chinese journalist accused in the U.S. of aiding persecution for allegedly writing and broadcasting hate speech against the Falun Gong in China. Several Falun Gong followers, who have since left China, claim the work of journalist Zhao Zhizhen incited torture by police and prison guards there. But on March 31, 2016, a judge in Hartford, Conn., said the Falun Gong, which advocates a spiritual practice banned in China, failed to surmount the requirements in Kiobel v. Royal Dutch Petroleum Co., a 2013 U.S. Supreme Court ruling. Zhao was represented by Bruce S. Rosen. Click here to read the ruling in Chen Gang v. Zhao Zhizhen and here to read a news article about it.

Jury Verdict in CEPA Suit

Michael R. Futterman obtained a jury verdict on Feb. 25, 2016 in Essex County Superior Court after a seven-day trial asserting claims under the New Jersey Conscientious Employee Protection Act.
 

AP Interviews Bruce Rosen on NJ's Move To Bar Release of State Records

Bruce S. Rosen was quoted in an Associated Press story on New Jersey’s payment of $1 million since 2012 in failed attempts to keep state records secret. The money was paid to plaintiffs’ lawyers in 54 Open Public Records Act cases. In the March 15, 2016 article, Rosen questioned why Gov. Chris Christie’s administration would fight to keep the records secret. Click here to read the story.

Seven MARC Lawyers Chosen for 2016 Super Lawyers Lists

Six lawyers at McCusker, Anselmi, Rosen & Carvelli have been selected for the 2016 New Jersey Super Lawyers© List, and a seventh has been chosen for the 2016 New Jersey Super Lawyers© Rising Star List.

The lawyers named to the Super Lawyers List are Andrew E. Anselmi, complex business litigation, employment law, environmental law, antitrust litigation and criminal defense; Robert E. Bartkus, alternative dispute resolution and business counseling/litigation; Paul F. Carvelli, commercial litigation/business disputes, employment litigation, environmental litigation, real estate litigation, securities/shareholders’ litigation, commercial business matters and special education; Bruce I. Goldstein, complex business litigation, mediation and white-collar criminal defense; John B. McCusker, labor/employment litigation, environmental litigation, complex commercial litigation and criminal defense; and Bruce S. Rosen, complex commercial litigation, media law, employment law, environmental law and criminal defense.

Michael R. Futterman was named to the Rising Star List. He concentrates on employment litigation/counseling, commercial litigation/business disputes and complex business litigation.

The lawyers were named to the lists on March 11, 2016.

Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are based on a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

Laura Siclari Provides Pointers at Seminar on NJ Special-Education Law

Laura A. Siclari presented on the topics of protecting the rights of the child and handling ethical issues in special education on Feb. 24, 2016 at a National Business Institute seminar in Newark. The program, "New Jersey Special Education Law," was attended by school administrators, superintendents, board members, principals, teachers and attorneys. Laura concentrates her practice on special education/disability law, environmental law, labor/employment law and general litigation.

Victory for School Board Before NJ's Top Court

MARC won a N.J. Supreme Court ruling that defined when administrative agencies’ decisions may be properly appealed to the Appellate Division. Bruce S. Rosen and Michael R. Futterman represented the Elizabeth school board in the case. Click here to read the Jan. 27, 2016 decision in Silviera-Francisco v. Board of Education of the City of Elizabeth.