News & Events

Brown Moskowitz & Kallen, P.C. Transaction Receives 2022 Deal of the Year Award from The M&A Advisor

New Jersey Law Firm’s Representation of Automated Control Concepts in Acquisition by Sverica Capital Management Garners Prize in $50 to $100 Million Industrials Category

Chatham, New Jersey December 2022 – Leading New Jersey business law firm Brown Moskowitz & Kallen, P.C. has received a 2022 Deal of The Year Award by The M&A Advisor. The firm represented Automated Control Concepts, Inc. (“ACC”) in its sale to Sverica Capital Management LP. The transaction won the award in the Industrials category for deals between $50 and $100 million at the 21st Annual M&A Advisor Awards.

The M&A Advisor Awards are the most competitive and coveted honors in the mergers and acquisitions sphere. More than 400 companies submitted nominations to an independent panel of judges assembled by The M&A Advisor, the preeminent organization recognizing excellence, honoring achievement, presenting thought leadership and facilitating connections among the world’s leading dealmaking professionals.

Stuart M. Brown, partner and co-chair of the Commercial Transactions practice at Brown Moskowitz & Kallen, served as lead transaction counsel and assembled the winning team. The team was comprised of EisnerAmper (tax and transaction advisory services, due diligence, quality of earnings and project management) and Wombat Capital Markets LLC (investment banking and M&A advisory services).

ACC is a Neptune, New Jersey-based systems integrator specializing in process control, manufacturing intelligence and cybersecurity and industrial networking. Sverica Capital Management LP is a Boston-based private equity investment firm.

“The sale of ACC to Sverica was successful on all fronts. The transaction enabled ACC to broaden its business model and strategically expand into new areas while maintaining its talented workforce,” said Mr. Brown. “Given the array of moving parts, it was a complicated deal. Our firm frequently leads complex transactions and onboards strategic team members to obtain optimal results for our clients. We had great confidence in selecting EisnerAmper and Wombat Capital Markets to represent the interests of ACC at every step along the way. We are all very honored to be recognized by The M&A Advisor.”

Accompanying Mr. Brown on the BMK legal team representing ACC were Jay Soled (tax, trusts and estates) and Justin Escher Alpert (corporate and M&A).

About Brown Moskowitz and Kallen, P.C.

Brown Moskowitz & Kallen, P.C. is a New Jersey-based law firm serving privately held businesses locally, nationally, and internationally. BMK provides comprehensive counsel at every stage of the business life cycle with practice areas in commercial transactions, finance, litigation/dispute resolution, real estate, land use, technology, tax, trusts and estates. For more information, visit https://bmk-law.com/

About EisnerAmper

EisnerAmper, one of the largest business consulting firms in the world, is comprised of EisnerAmper LLP, a licensed independent CPA firm that provides client attest services; and Eisner Advisory Group LLC, an alternative practice structure that provides business advisory and non-attest services. For more information, please visit https://www.eisneramper.com/

About Wombat Capital Markets LLC

Founded in 2009, Wombat Capital is a cross-border investment bank providing Mergers and Acquisitions advisory services to entrepreneurs, boards of directors, financial investors, private and public companies. With offices in New York and Paris, Wombat Capital focuses on the lower middle market of the Pharmaceutical Outsourcing, Medical Devices and Diagnostics sectors.

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Brown Moskowitz & Kallen, P.C. represented School Photo Marketing, Inc. (SPM), located in Morganville, New Jersey, in its sale to a subsidiary of Ennis, Inc., (NYSE: EBF). Texas-based Ennis, Inc. is one of the largest private-label printed business product suppliers in the United States. The transaction was fast-tracked, closing in just over two months.

SPM provides printing, yearbook publishing and marketing-related services to more than 1,400 school and sports photographers across the country. The company operates through a similar wholesale manufacturer-distributor-end user channel as Ennis. The purchaser acquired the SPM name and will continue to operate in its current location.

“We were able to successfully close this transaction in record time for SPM in large part due to our M&A expertise and our network of best-in-class subject matter experts,” said lead transaction counsel Stuart M. Brown, partner and co-chair of the Commercial Transactions practice at BMK. “Today’s transactions require a multi-disciplinary approach given the level of complexity in our current business and legal environment. As experienced practitioners, we are able to quickly assemble a deal team to effectively and efficiently address the technical issues, including environmental, intellectual property and tax-related matters, that often arise in transactions. As a result, we save our clients a lot of unnecessary expense and stress throughout the M&A process.”

In addition to Mr. Brown, Norman D. Kallen, partner and co-chair of the Commercial Transactions practice, Linda R. Brower, senior counsel, and Jay Soled, of counsel, Tax worked on the transaction. Subject matter experts included Keith E. Gilman, managing partner at Lerner, David, Littenberg, Krumholz & Mentlik LLP (intellectual property); Wanda Chin Monahan of Wanda Chin Monahan LLC (environmental); and Nivritha Ketty (employment) and Christine Gottesman (benefits) of Nukk-Freeman & Cerra, P.C.

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On April 20, 2022, the Hon. Mary Ann Bogan, A.L.J. issued an initial decision in Farruggio’s Bristol and Philadelphia Express, Inc. v. New Jersey Department of Labor and Workforce Development, OAL No. LID 02027-17 finding, on summary judgment, that the owner-operator drivers that contracted with Farruggio’s Express were independent contractors, not employees. Accordingly, the Court found that Farruggio’s Express was not liable for state employment taxes in connection with the audit of the New Jersey Department of Labor and Workforce Development (“NJDOL”). Read More

The Russia-Ukraine conflict has raised enormous concerns for all of us. We first wish to extend our compassion to the people of Ukraine and our friends whose loved ones reside there. Second, we recognize that this conflict and the sanctions being leveled at the Russian Federation will doubtless have economic and other business impacts in international trade, cybersecurity, and other matters of importance to our clients.

Just as when the COVID-19 crisis unfolded two years ago, Brown Moskowitz & Kallen is closely monitoring the current situation to offer timely guidance regarding business operations and other legal matters. If you require immediate guidance related to your business interests in the wake of the present international crisis, we are, as always, here to serve you.

Summit, New Jersey August 2021 – Anthony M. Gruppuso has joined the litigation team as a partner at New Jersey business law firm Brown Moskowitz & Kallen, P.C. Mr. Gruppuso will focus on dispute resolution and litigation for a clientele that includes professional services firms, trustees, medical practices, limited liability company members, manufacturers and distributors, and high net worth individuals.

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Brown Moskowitz & Kallen, P.C. represented Gold Ventures and Capstone Realty Group in the $10,150,000 acquisition of 30 Two Bridges Road in Fairfield, New Jersey, a Class A, 93,260-square-foot office building. The building is situated at the juncture of Routes 80 and 46.

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Brown Moskowitz & Kallen, P.C. recently represented Vernon, California-based poultry and meat provider Randall Farms and its owners, the Bloom family, in connection with the sale of its assets excluding real estate, which the Bloom family retained. Read More

Brown Moskowitz & Kallen, P.C. has reported that its Commercial Transactions Group will complete 2020 with more than a quarter-billion dollars in successful merger and acquisition transactions on behalf of a diverse clientele.

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By Richard A. West, Esq.

Last week, the Division of Consumer Affairs (“the Division”) announced that the New Jersey Board of Massage and Bodywork Therapy (“the Board”) has permanently revoked the license of a massage therapist who engaged in inappropriate and unwanted sexual contact with a female client during a massage session at an Atlantic County spa. The massage therapist is barred from ever working again in the State of New Jersey under a Final Order filed by the Board, the third instance in 2020 of permanent revocation of the license of massage therapist due to sexual misconduct and the ninth such revocation in the past 12 months in the state of New Jersey. This action follows actions by other professional licensing boards and the Attorney General.

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