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Brown, Moskowitz & Kallen, NJ & NY Attorney News

Stuart Brown and Sara Kimball Represent Purchaser in Company Acquisition

BMK Managing Partner Stuart M. Brown and Sara A. Kimball represented the purchaser in its recent acquisition of Precast Systems, Inc., a leading supplier of premium precast concrete for building and bridge systems based in Allentown, New Jersey.

For more information on the full range of services that BMK can provide for you, please visit our areas of practice, or feel free to contact us at (973) 376-0909.

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Feb 23, 2018
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Stuart Brown Represents Principals of Vision Import Group LLC In Buyout

SUMMIT, N.J., February 1, 2018 – The principals of Vision Import Group LLC recently bought out the former managing member of the company to complete their succession plan.  BMK Managing Partner Stuart M. Brown represented the principals in connection with the transaction.  Vision Import Group LLC is a leading importer, distributor and marketer of produce with established global grower partnerships and specializing in mangoes, limes, pineapples, clementines and lemons.

To read more about the transaction, please see the recent article in The Produce News.

For more information on the full range of services that BMK can provide for you, please visit our areas of practice, or feel free to contact us at (973) 376-0909.

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Feb 12, 2018
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Norman Kallen Represents Environmental Service Firm in Acquisition

SUMMIT, N.J., January 22, 2018 – BMK Partner Norman D. Kallen represented Melick-Tully and Associates, P.C. in the recent acquisition of the New Jersey-based geotechnical, environmental and geologic services company by GZA GeoEnvironmental, an environmental firm based out of Massachusetts.

To read more about the transaction, please see the recent write-up on NJBiz.com.

For more information on the full range of services that BMK can provide for you, please visit our areas of practice, or feel free to contact us at (973) 376-0909.

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Feb 07, 2018
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In a Classification Case Brought By the NJ Department of Labor, BMK Obtains A Precedent-Setting Determination That Its Motor Carrier Client Owes No Employment Taxes

SUMMIT, N.J., December 11, 2017 – On December 11, 2017, the Commissioner of the New Jersey Department of Labor and Workforce Development, Aaron Fichtner, affirmed an administrative law judge’s determination that BMK’s client, Big Daddy Drayage, Inc., did not owe state unemployment tax contributions because the truckers — owner-operators — who provided services were independent contractors — not employees.  In making that final administrative determination, Commissioner Fichtner rejected the Department’s legal arguments that the large truck exemption from the ABC Test of employment set forth at N.J.S.A. 43:21-19(i)(7)(X) was inapplicable to Big Daddy because it lacked an IRS determination that its truckers were independent contractors and because Big Daddy’s compensation methodology did not qualify for the exemption.  In particular, the Commissioner reiterated that under the applicable regulation, the Department was required to determine whether the owner-operator was an employee or an independent contractor under the IRS’s common law test and need not submit an IRS determination of that issue to qualify for the Section 19(i)(7)(X) exemption.  In the Big Daddy audit, the Department had refused to make a determination under the IRS’s 20 point test — distinguishing between an employee and an independent contractor — instead taking the position that only the IRS could apply that test.   In the absence of an IRS determination, the Department applied the ABC Test — which contains a broader definition of employment — instead of the IRS’s common law, narrower definition of employment.  As noted, the Commissioner rejects that view and, as such, the Department’s auditors are required to apply the IRS Test — instead of the ABC Test — where an exemption to the ABC Test applies.

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Dec 12, 2017
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Rick Schkolnick and Ken Moskowitz Speak On Land Use and Zoning Issues

SUMMIT, N.J., October 12, 2017 – BMK partners Richard S. Schkolnick and Kenneth L. Moskowitz gave a presentation entitled “New Jersey Land Use Basics (And a Few Zoning Tips)” to a group of real estate brokerage professionals.  Mr. Scholnick and Mr. Moskowitz covered a wide array of land use topics including New Jersey zoning fundamentals and a primer on how real estate professionals can add value to property through the government approval and entitlement process.  The participants engaged in a spirited and enjoyable “mock” negotiation of a zoning contingency clause.

For more information on the full range of services that BMK can provide for you, take a look at our areas of practice, or feel free to contact us at (973) 376-0909.

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Nov 07, 2017
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Ken Moskowitz and Steve Rowland Author Article on Commercial General Liability Policies

BMK partners Kenneth L. Moskowitz and Steven R. Rowland recently authored an article entitled “Interpretation of Commercial General Liability Insurance Policies: Back To Relying On The Policy’s Express Language.”  The article was published in the October 20, 2017 newsletter of Sobel & Co.

You can find the full article here.

For more information on the full range of services that BMK can provide for you, take a look at our areas of practice, or feel free to contact us at (973) 376-0909.

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Nov 07, 2017
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BMK Cares: BMK Holds Food Drive for Homeless Solutions

 

homeless solutions

BMK recently held a breakfast food drive in support of Homeless Solutions, a non-profit based out of Morristown.  “BMK is happy to continue its tradition of supporting the community,” said Managing Partner Stuart Brown.

The Homeless Solutions philosophy is “A hand up, not a handout”, and for 34 years they have been offering shelter, services, and supportive housing to the homeless and working poor in Morris County, New Jersey.

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Oct 23, 2017
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Richard Schkolnick To Present Webinar on Zoning Due Diligence For Lenders

BMK SPOTLIGHT – On October 31, 2017, BMK partner Richard S. Schkolnick is presenting a Webinar for the New Jersey Institute for Continuing Legal Education (NJICLE) entitled ‘Zoning Due Diligence for Lenders and Joint Venture Partners: Practice and Pitfalls’. The Webinar is presented in cooperation with the New Jersey State Bar Association’s Land Use Section, and Mr. Schkolnick will be joined by presenters Steven J. Tripp of Wilentz, Goldman and Spitzer, PA, and Barbara A. Casey of Ballard Spahr, LLP.

Mr. Schkolnick and his co-presenters will explore the factors that go into the process of zoning due diligence, including:

  • The types of information that constitute ‘due diligence’;
  • Obtaining information from the developer, the developer’s team and the municipality;
  • The obligations of a borrower’s or developer’s counsel to document the approvals and permits;
  • All of the assurances that may be needed by a lender or financing partner, such as approvals, satisfaction of conditions, and the issuance of building permits;
  • The availability and applicability of Land Use Opinions;
  • The significance of a final non-appealable approval; and
  • The continued validity of approvals and permits.

For more information, and to sign up for the Webinar, please visit the NJICLE’s website.

Mr. Schkolnick is a Land Use and Zoning attorney with extensive experience providing solutions to property owners in complex land use and zoning matters and related litigation. This year marked Mr. Schkolnick’s sixth consecutive year on the New Jersey Super Lawyers list recognizing his work in Land Use and Zoning law.

For more information on the full range of services that BMK can provide for you, take a look at our areas of practice, or feel free to contact us at (973) 376-0909.

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Sep 18, 2017
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BMK Hosts Real Estate “Deal Makers’ Dinner”

BMK SPOTLIGHT — BMK, together with Property Transfer Services, Inc., hosted its second annual “Deal Makers’ Dinner” in May.  The evening provided real estate developers and ‘deal makers’ a chance to connect with each other and hear comments from both Sheriff Joe Cryan concerning the gubernatorial election, and from Adam Zellner, President of Greener by Design and a former Deputy Commissioner of the NJDEP, on the State’s likely “post Christie” environmental land use policy.

For more information on the full range of services that BMK can provide for you, please visit our areas of practice, or feel free to contact us at (973) 376-0909.

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Jun 12, 2017
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