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.
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
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
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.
The Claim of An Implied Duty To Comply With “Industry Standards” For Protecting Clients’ Confidential Information
The Continuing Evolution Of Cybersecurity Risk Management
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”). 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.
A Survey Of Relevant Statutory Law And Some Practical Considerations
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, 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
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.
Super Lawyers NJ
By BMK Law
BMK 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.
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.
Alan Goldberger will present “Lawsuits Waiting to Happen – A Cautionary Tale” at the Association’s Annual Fall Basketball Seminar in Denver, Colorado later this month. Attendees will include Rules Interpreters and leaders of local IAABO “boards” from about 38 states and provinces. For more information, click here.