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Author Archives BMK Law

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

BMK Files Constitutional Challenge To Archdiocese Headstone Ban

Shalom Stone, a partner with BMK, filed a lawsuit against Governor Christopher Christie on behalf of the Roman Catholic Archdiocese of Newark, arguing that a recently enacted statute, which bars the Archdiocese from selling headstones and mausoleums to parishioners, violates the U.S. Constitution.

The Complaint alleges that the statute was enacted at the behest of secular competitors who want to keep the Archdiocese out of the marketplace, and therefore violates the Due Process Clause, the Equal Protection Clause, the Privileges or Immunities Clause, and the Contracts Clause.

Stone is co-counsel in the case with Jeff Rowes and Gregory Reed, attorneys from the Institute for Justice, a libertarian public interest law firm in Arlington, Virginia.

Jul 28, 2015

Goldberger Addresses Sports Officials

Alan S. Goldberger returns to the National Association of Sports Officials Annual Sports Officiating Summit July 26-28 in St. Louis. He will be a featured speaker at the Summit –the only event of its kind addressing critical topics impacting all aspects of the officiating industry. He will speak to referees and umpires of all sports on “The Law, Lawsuit and Liability Landscape,” to be followed by a breakout session on sports officials’ legal rights and responsibilities. Al will also conduct a special pre-summit program for Missouri officiating leaders: “Official Business – Your Game Officials and the Law” — presented in cooperation with the Missouri State High School Activities Association (MSHSAA).

Jul 28, 2015

Rebekah Conroy Joins BMK as Partner in Litigation Practice

Rebekah Conroy Joins BMK as Partner in Litigation PracticeRebekah Conroy is an experienced trial attorney who appears regularly in state and federal courts, Rebekah’s practice is focused on complex business litigation including contract and franchise disputes, products liability actions, shareholder and intra-family financial disputes, and the representation of attorneys in ethics proceedings. Rebekah also defends clients in white-collar criminal matters involving, among other things, charges of bank and wire fraud, commercial bribery and other financial crimes.

Jul 27, 2015

BMK Fights to Preserve Important Insurance Coverage Ruling

Ken Moskowitz, Steve Rowland and Shalom Stone are representing an international storage and logistics company in connection with an insurance coverage dispute that presents a substantial issue of New Jersey law. The matter has already been litigated in the U.S. District Court of New Jersey and the Third Circuit Court of Appeals, and the coverage issue may now be resolved by the New Jersey Supreme Court.

BMK won summary judgment for its client in the federal trial court. The District Court held that our client was entitled to coverage under its Commercial General Liability (CGL) insurance policy for the damages caused by the client’s subcontractor to property belonging to a customer. Among other things, the District Court held that the property damage at issue constituted an “occurrence” under the CGL policy, and that the client was entitled to indemnity under the policy and to reimbursement of the attorneys’ fees that had been expended in litigating the coverage matter.

The Third Circuit heard oral argument on the insurance carrier’s appeal in June 2015, and recently took the extraordinary measure of petitioning the New Jersey Supreme Court for certification to resolve what the Third Circuit regards to be a substantial and unsettled question of New Jersey insurance law.

Specifically, the Third Circuit has asked the New Jersey Supreme Court to resolve the issue of whether the damage caused to the property of the insured’s customer by the defective work of the insured’s subcontractor constitutes an “occurrence” under the standard form of CGL policy that has been in effect since 1986. The case presents an important and recurring issue not only in New Jersey, but nationwide. Courts across the country have repeatedly cited New Jersey law (the Weedo doctrine) in addressing the issue which may now be resolved directly by New Jersey’s highest court.

Coincidentally, the day before the Third Circuit petitioned the New Jersey Supreme Court for certification in our client’s case, the New Jersey Appellate Division in Cyprus Point Condominium Association, Inc. v. Adria Towers, LLC, A-2767-13T1, held that, in analogous circumstances, a subcontractor’s faulty workmanship constitutes an “occurrence” within the meaning of the insured general contractor’s CGL policy.

In the event that the New Jersey Supreme Court certifies the issue presented in our client’s case, the matter will likely be heard early next year.

Jul 20, 2015
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