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Author Archives BMK Law

Q&A With Richard A. West

BMK welcomes Richard A. West to the firm as Of Counsel.  Rich took the time to answer some questions on his practice and his background.  Learn more about Rich by checking out his bio, and feel free to contact Rich at rwest@bmk-law.com or (973) 376-0909 Ext: 1126 for any questions regarding his practice.

1. What areas of law do you practice?

My primary areas are (1) representation of licensed professionals in disciplinary proceedings, and (2) representation of businesses and individuals under investigation by or in litigation with consumer regulatory agencies, such as the NJ Division of Consumer Affairs.

2. How do you approach client service?

Whether the client is a large business or an individual, I am most interested in giving them an up front and honest assessment of their problem, both in terms of how their matter might play out and the amount of legal resources they are going to need.  Although I cannot predict the future or guarantee a result, I try to have a pretty frank discussion about the possibilities.  I find that this front loaded conversation enables me to do my job most effectively.  No one likes surprises except maybe on his or her birthday.

3. What is the biggest challenge for your clients?

I find the biggest challenge is educating clients about the potential result of the predicament they are in, especially on the licensing side.  Many professionals with disciplinary problems have a hard time accepting that a board made up of their peers is prepared to impose serious discipline on one of their own.  I also have to keep them focused on their conduct, rather than the stories they may have heard or read on the internet.

4. What have you found most interesting about your practice?

The wide range of personalities you come across, both in terms of clients and adversaries.  I am also impressed by the professionalism and respect that I see in regard to most of the attorneys with which I interact.

5. What do you like to do in your spare time?

Travel, when I have the time.  Reading fiction involving crime or spies.  Spending time with my teenage children.  Going to the beach.

6. Anything else that you would like to share?

I once lived in England for two years.  I have been on planes with both Deborah Harry and Jim Brown (the football player, not the singer).  I am currently trying to learn Spanish online, but have only achieved 3% fluency.

May 25, 2017

Jay Soled Speaks on Partnership Tax Matters


BMK SPOTLIGHT — Jay A. Soled, Of Counsel to BMK, recently delivered a four hour workshop on the intricacies of partnership tax before one of the largest accounting firms in the United States. In his workshop, Mr. Soled highlighted three salient attributes of partnerships: (1) Their tax inefficiencies; (2) Flexibility of allocating between and among partners; and (3) Opportunities to utilize for succession planning. Over 125 people were in attendance.

Jay Soled is a professor at Rutgers University. He is also the editor of an estate planning book, published by the American Bar Association, entitled The ABA Guide to Practical Estate Planning and wrote chapters in both Estate Planning Techniques and New Jersey Inheritance Tax. For more information on tax matters, please contact Mr. Soled at (973) 451-9220, or at jsoled@fiszersoled.com. 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.

May 24, 2017

BMK Obtains a Third Circuit Court of Appeals Ruling Affirming Insurance Coverage for “Faulty Workmanship” Performed by the Insured’s Subcontractor

SUMMIT, N.J., April 18, 2017 – Kenneth L. Moskowitz and Steven R. Rowland recently won an important insurance coverage decision on an appeal to the United States Court of Appeals for the Third Circuit — a decision which should have the general effect of expanding coverage for those contractors who rely upon subcontractors to perform part of their work-scope.  In its April 18, 2017 decision, the Third Circuit found in favor of BMK’s client, USA Container Co., Inc. (“USA Container”), affirming a federal District Court ruling that the property damage at issue constituted a covered “occurrence,” and rejecting the argument of the insurer, Travelers Property Casualty Company America (“Travelers”), that the subcontractor’s “faulty workmanship” was not covered by the insured’s Commercial General Liability (“CGL”) policy.

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May 08, 2017

Some Thoughts on Liability Insurance

By: Steven R. Rowland, Esq.

No company likes to be sued. Perhaps the only thing worse is to be sued and to find out that the insurance you thought would cover the type of claim you now face won’t because the insurance you have was not intended to cover that type of claim, or the insurer has asserted some vaguely-worded exclusion that you’ve never heard of.Read More

Apr 03, 2017

Selling Your Business, Step 1: The Broker’s Agreement

By: Stuart M. Brown, Esq.

Selling your business will be complicated, emotional and, almost definitely, stressful.  Once you decide to sell your business, the first step is usually hiring an intermediary – either a business broker or an investment banker.  The intermediary will ask you to enter into an engagement agreement.  This person is working for you and with you, so sellers frequently choose not to have a mergers and acquisitions attorney review the engagement agreement before signing it.  Besides, you may think, what could go wrong?   Plenty!  To avoid uncertainty while ensuring a clear understanding of the specific terms you are committing to, at what cost, and for how long, hire an M&A attorney to review the engagement agreement.

Here are some deal points to keep in mind when entering into engagement agreements with intermediaries:

The agreement should provide a reasonable period of time for the intermediary to prepare a confidential information memorandum and market your business.  This is known as the exclusivity period.  The exclusivity period should be an amount of time that you and the intermediary believe is reasonably sufficient to market your business and close a deal; however, there should be a defined end point.  A defined termination date will guide and incentivize the intermediary and create an orderly exit from the relationship with the intermediary.Read More

Mar 29, 2017

Schkolnick Named Among New Jersey’s Super Lawyers® for Sixth Year

SUMMIT, N.J., March 22, 2017 – Brown Moskowitz & Kallen, P.C. is pleased to announce that Partner Richard S. Schkolnick has been selected for inclusion in the 2017 edition of New Jersey Super Lawyers.  Marking his sixth consecutive year on the Super Lawyers list, Mr. Schkolnick has been recognized for his work in Land Use and Zoning Law.

Mr. Schkolnick has extensive experience providing solutions to property owners in complex land use and zoning matters and related litigation. Mr. Schkolnick has led development teams that have secured site plan approval, variances and entitlements for some of the largest projects in the state, coordinating the efforts of engineers, planners, architects, traffic experts and environmental consultants. He has a specialty in applications to construct wireless communications facilities and has represented national wireless carriers and tower owners in over 500 zoning applications in over 150 municipalities, including many contested applications.

Mr. Schkolnick also litigates land use and real estate cases. In addition to handling prerogative writ matters and commercial disputes involving real estate, he secured a unanimous decision from the New Jersey Supreme Court on behalf of the Township of West Orange in the State’s seminal condemnation case, Township of West Orange v. 769 Associates, LLC, 172 N.J. 564 (2002).

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Mar 28, 2017

The Claim of An Implied Duty To Comply With “Industry Standards” For Protecting Clients’ Confidential Information

The Continuing Evolution Of Cybersecurity Risk Management

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

In April 2015, a client of the Chicago based law firm Johnson & Bell, LTD (“J&B”) filed a class action lawsuit in federal court in Illinois against its attorneys charging that they failed to protect their clients’ confidential information (“Action”).[1]  The Action and the claims asserted therein are compelling reminders of the evolving risks facing those entrusted to protect their clients’ confidential data.  Plaintiffs allege in the Action that, notwithstanding the fact that J&B had not suffered a cybersecurity breach to date that had caused them any harm or damage, the firm nonetheless should be adjudged liable for failing to maintain “industry standard” cybersecurity  protections.

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Jan 26, 2017

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


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.



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