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Author Archives BMK Law

Theft of Computer Data And Other Cyber Attacks

A Survey Of Relevant Statutory Law And Some Practical Considerations

By: Kenneth L. Moskowitz, Esq. and James D. DeBartolo, Esq.

The business community and employers are under the constant threat of the conversion or corruption of their invaluable computer assets by employees, competitors and “hackers.” To address these ever-present and evolving threats, both the United States and the State of New Jersey have enacted statutes that both criminalize such conduct and provide for private causes of action that include remedies designed not only to make the victim whole, but to punish and deter such unlawful conduct. This article presents a brief survey of the relevant statutes,[1] and offers some practical risk mitigation strategies to be considered by the business owner before his or her business becomes just another victim.Read More

Jul 19, 2016

Steven R. Rowland Completes Trial Before The Office of Administrative Law

Steven R. Rowland: Litigation & Dispute Resolution Attorney

Steven R. Rowland recently completed a trial before the Office of Administrative Law involving an allegation from the NJ Department of Labor and Workforce Development that owner-operators of large trucks had been inappropriately classified as independent contractors. The New Jersey Unemployment Compensation law exempts services provided by the drivers of large trucks from its broad statutory test of employment — the so-called ABC test — and instead uses a narrower common law test. The dispute presented the legal issue of which test applies — the broad ABC Test or the narrower common law test — and how the applicable test applied to the facts of the case.

A decision from the OAL is expected in July.

Jul 19, 2016

Let The Seller Beware

Selling Business Assets

Caveat emptor may be a familiar warning, but caveat venditor should be your watchwords if your business is in talks to sell valuable assets.

A case decided in federal court in Camden, NJ[1] highlights why companies for sale must exercise extreme care in disclosing valuable confidential business information, trade secrets and other intellectual property assets when dealing with potential buyers.

J&J Snack Foods Corp. claimed that Ruiz Food Products, Inc., a competitor of one of its product lines, approached J&J about selling its Patio® brand of frozen foods. After the two companies entered into a confidentiality agreement and a letter of intent, J&J alleges it shared detailed proprietary and confidential information, including ingredient specifications, product formulas, financial data, customer information, and vendor lists. After the initial asset purchase agreement was reviewed and a revised draft suggested, the deal came to an abrupt halt. J&J claims that Ruiz simply informed it that the deal “would not move forward” – offering no “meaningful explanation.”Read More

Jul 19, 2016


Super Lawyers NJ

By BMK Law

RICHARD S. SCHKOLNICK Super LawerBMK is pleased to announce that Richard S. Schkolnick has been recognized as a Super Lawyer for the 5th year. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology and other information about Super Lawyers can be found at www.superlawyers.com/about/selection_process_detail.html.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

For more information on Mr. Schkolnick’s areas of expertise, please visit his Attorney Profile page.



Mar 21, 2016

Moskowitz Appointed to Sobel & Co.’s Fraud and Forensics Practice Editorial Advisory Board

Kenneth L. Moskowitz

Kenneth L. Moskowitz has been appointed to Sobel & Co.’s Fraud and Forensics Practice Editorial Advisory Board. The Board, which is comprised of both leading civil litigation and criminal defense attorneys, provides Sobel & Co. and its clients with insight and suggestions for improving fraud investigations, preventing fraud and the provision of forensic accounting services.

Nov 29, 2015

James D. DeBartolo Joins BMK

BMK is proud to announce that James DeBartolo, a May, 2015 graduate of Seton Hall Law School, has joined the firm’s litigation group. Prior to joining BMK, James gained valuable experience as a law clerk at a prominent New Jersey litigation boutique. In that position, James assisted in defending clients charged with mail, wire, and insurance fraud crimes, and he also assisted in defending clients charged with civil RICO violations and in representing clients in other diverse commercial disputes. James also served as a law school intern to the Hon. Faith S. Hochberg, U.S.D.J.Read More

Sep 25, 2015

Fong Installed To Board Of The NJWLA

Lora Fong, a Partner  in the firm’s Litigation & Dispute Resolution and Business, Finance & Technology groups, has been installed as a Board Member of the New Jersey Women Lawyers Association (NJWLA) and Director of its Diversity Committee.   Lora previously served as NJWLA’s Vice-President in 2008-2009.  The NJWLA is an independent association  whose mission is to advance and retain women in the legal profession through education and activism, to promote qualified women to the highest levels of law firm, government, academic, community and corporate positions and to endorse qualified female attorneys for appointments to the state and federal judiciary.


Aug 21, 2015

Kallen Chairs Family-Owned Business Roundtable

The dynamics of a family-owned business present unique challenges not only to the family but also to the professional service provider. Recognizing that professionals who work with these businesses on a daily basis can find value in discussing these challenges with one another, for the benefit of themselves and the client, Norman Kallen has formed, and chairs, a family business roundtable.

The group is comprised of professionals who work with middle market family-owned businesses, including, attorneys, accountants, executive coaches, investment advisors, psychologists and insurance professionals. The goal is to get together on a bi-monthly basis to discuss, share, provide peer counseling and engage in problem solving on common issues the service providers confront in serving such businesses. Ultimately, by leveraging the experience of one another, each of the members can acquire greater insight into and provide greater value to his or her client.

Aug 20, 2015
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