Author Archives BMK Law

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.

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.

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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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

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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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.

Super Lawyers NJ

By BMK Law