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Brown, Moskowitz & Kallen, NJ & NY Attorney News

Ken Moskowitz and Steve Rowland Author Article on Commercial General Liability Policies

BMK partners Kenneth L. Moskowitz and Steven R. Rowland recently authored an article entitled “Interpretation of Commercial General Liability Insurance Policies: Back To Relying On The Policy’s Express Language.”  The article was published in the October 20, 2017 newsletter of Sobel & Co.

You can find the full article here.

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.

Nov 07, 2017

BMK Cares: BMK Holds Food Drive for Homeless Solutions


homeless solutions

BMK recently held a breakfast food drive in support of Homeless Solutions, a non-profit based out of Morristown.  “BMK is happy to continue its tradition of supporting the community,” said Managing Partner Stuart Brown.

The Homeless Solutions philosophy is “A hand up, not a handout”, and for 34 years they have been offering shelter, services, and supportive housing to the homeless and working poor in Morris County, New Jersey.

Oct 23, 2017

Richard Schkolnick To Present Webinar on Zoning Due Diligence For Lenders

BMK SPOTLIGHT – On October 31, 2017, BMK partner Richard S. Schkolnick is presenting a Webinar for the New Jersey Institute for Continuing Legal Education (NJICLE) entitled ‘Zoning Due Diligence for Lenders and Joint Venture Partners: Practice and Pitfalls’. The Webinar is presented in cooperation with the New Jersey State Bar Association’s Land Use Section, and Mr. Schkolnick will be joined by presenters Steven J. Tripp of Wilentz, Goldman and Spitzer, PA, and Barbara A. Casey of Ballard Spahr, LLP.

Mr. Schkolnick and his co-presenters will explore the factors that go into the process of zoning due diligence, including:

  • The types of information that constitute ‘due diligence’;
  • Obtaining information from the developer, the developer’s team and the municipality;
  • The obligations of a borrower’s or developer’s counsel to document the approvals and permits;
  • All of the assurances that may be needed by a lender or financing partner, such as approvals, satisfaction of conditions, and the issuance of building permits;
  • The availability and applicability of Land Use Opinions;
  • The significance of a final non-appealable approval; and
  • The continued validity of approvals and permits.

For more information, and to sign up for the Webinar, please visit the NJICLE’s website.

Mr. Schkolnick is a Land Use and Zoning attorney with extensive experience providing solutions to property owners in complex land use and zoning matters and related litigation. This year marked Mr. Schkolnick’s sixth consecutive year on the New Jersey Super Lawyers list recognizing his work in Land Use and Zoning law.

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.

Sep 18, 2017

BMK Hosts Real Estate “Deal Makers’ Dinner”

BMK SPOTLIGHT — BMK, together with Property Transfer Services, Inc., hosted its second annual “Deal Makers’ Dinner” in May.  The evening provided real estate developers and ‘deal makers’ a chance to connect with each other and hear comments from both Sheriff Joe Cryan concerning the gubernatorial election, and from Adam Zellner, President of Greener by Design and a former Deputy Commissioner of the NJDEP, on the State’s likely “post Christie” environmental land use policy.

For more information on the full range of services that BMK can provide for you, please visit our areas of practice, or feel free to contact us at (973) 376-0909.

Jun 12, 2017

Stuart Brown Leads NJ M&A Forum


BMK SPOTLIGHT — BMK Managing Partner Stuart M. Brown led another successful meeting of the NJ M&A Forum earlier this month, bringing together key professionals in accounting, finance, law, and M&A.  Recognizing a need, Brown started the multi-discipline NJ M&A Forum three years ago to create an effective means of sharing non-proprietary deal information in real time, and to discuss forward looking trends and other key topics of interest about the merger and acquisition middle marketplace.  This month the members of the NJ M&A Forum invited their mentees to join them, sparking a vigorous discussion on the value of the mentor-mentee relationship.

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 31, 2017

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.

Read More

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
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