(Main Office)

Lowenstein Sandler is a nationally recognized, full-service AmLaw 200 law firm with offices in New York, Palo Alto and Roseland. Known for its result-oriented approach to client service, the firm represents public and private companies, financial institutions, investors, entrepreneurs, universities, and private clients, with approximately attorneys practicing in one of three principal departments: Corporate, Litigation and Bankruptcy.

The attorneys in the firm's Corporate Department, which has been top-ranked by Chambers USA: America's Leading Lawyers for Business for the past six years, handle complex transactions including: corporate finance and securities; mergers and acquisitions; private equity and mezzanine financing; derivatives, lending and financial services; mortgage banking and finance; and business tax counseling and structuring.

The Specialty Finance practice has ranked among the nation's leading legal advisers for representing placement agents, issuers and investors in Private Investments in Public Equity (PIPE) transactions. The group also handles registered direct (RD) and SPAC financing transactions for investment funds and leading national investment banks and issuers, in a vast range of deals worldwide.

Attorneys in the Tech Group, which is one of the most active venture capital practices in the United States, are involved in some of the largest and most complex financings in the U.S. venture capital market. They assist clients in developing IP assets and building and protecting their portfolios, managing tech transfers and corporate spin-outs, and researching collaborations for clients that include inventors, businesses and investors.

Lowenstein Sandler's Investment Management practice represents leading hedge funds, private equity funds and other pooled investment vehicles, with assets under management ranging from $50 million to more than $30 billion.

In addition, the firm's Corporate Department offers comprehensive legal services in the areas of employment and labor law; employee benefits and executive compensation; immigration; real estate and trusts and estates.

Top-ranked by Chambers USA: America's Leading Lawyers for Business for five consecutive years, the Lowenstein Sandler Litigation Department comprises nearly 100 experienced lawyers. With an extensive practice that also includes broad and deep appellate experience in federal and state courts, the firm's litigators are frequently engaged post-trial to pursue appeals of adverse decisions. Lowenstein Sandler trial attorneys also have extensive experience in alternative dispute resolution (ADR), including arbitration and mediation. The Litigation Department is buoyed by strength in practice areas that include: antitrust and trade regulation; capital markets litigation; class action and derivative litigation; commercial and business litigation; construction law and litigation; consumer fraud litigation; employment litigation; environmental law and litigation; fiduciary counseling and litigation; insurance coverage; intellectual property litigation; products liability and toxic tort litigation; securities litigation and white collar criminal defense.

Attorneys in Lowenstein Sandler's leading Bankruptcy, Financial Reorganization & Creditors' Rights practice represent debtors and creditors' committees in Chapter 11 proceedings, as well as diverse financial institutions managing troubled credit. The practice is top-ranked by Chambers USA: America's Leading Lawyers for Business and recently ranked among Bankruptcy Insider's top three bankruptcy practices in the country for its number of Chapter 11 representations.

Statement of Practice

Administrative Agency Litigation, Antitrust and Trade Regulation, Banking and Financial Services, Bankruptcy, Closely Held Business, Commercial, Construction Law, Corporate, Creditor's Rights and Workouts, Employee Benefits and ERISA, Employment, Environmental, Estate Planning and Family Business Planning, Tax, Hospital and Health Care, Insurance, Intellectual Property, Technology and Internet, Land Use, Mergers and Acquisitions, Products Liability, Real Estate, Securities Law and Litigation, State and Federal Civil and Criminal Litigation, Toxic Torts and White-Collar Criminal Defense, Securitization, Alternative Dispute Resolution, Asset-Based Lending, Broker-Dealer Regulation, Brownfield and Industrial Redevelopment, Corporate Finance, Entrepreneurial Services, Executive Compensation and Employee Benefits, Fiduciary Litigation and Counseling, Franchise Law, Investment Partnerships and Investment Advisors, Litigation, Media Law, Mortgage Law, Patent Law.

Address

65 Livingston Avenue
Roseland, NJ 07068, (Essex Co.)

MEMBERS OF THE FIRM

Nicole Bearce Albano (Member) born 1972; admitted to bar, 1998, New Jersey and New York; 1998, U.S. District Court, District of New Jersey; 2001, U.S. District Court, Southern District of New York; 2001, U.S. District Court, Eastern District of New York. Education: Drew University (B.A., summa cum laude, 1994) Phi Beta Kappa, Drew Scholar; Harvard Law School (J.D., cum laude, 1997) Vice President, Harvard Legal Aid Bureau, Executive Editor, Harvard Women's Law Journal.

Nicole Bearce Albano is a dynamic and hard-driving litigator at both the trial and appellate levels. Nicole works with clients in the pharmaceutical, cosmetics, consumer goods, financial services, utility, and higher education sectors. Nicole handles a broad range of matters, including pharmaceutical and mass tort litigation; contract claims and partnership disputes; as well as shareholder derivative and ERISA class actions. Nicole also counsels business owners who face the unfortunate circumstance of navigating business divorce -- matters that often involve claims of fiduciary breach as well as corporate governance conflicts, oppression claims, business tort actions, valuation disputes, nuanced contract interpretation, dissolution defenses, real estate matters and emergent/injunctive relief.

Nicole co-chairs Lowenstein Sandler's Appellate Practice Group and has successfully prosecuted and defended a variety of appeals over the course of more than a dozen years since her tenure as a judicial clerk to the Hon. Marie L. Garibaldi on the New Jersey Supreme Court. Nicole has appeared in the federal and state courts of New Jersey and New York, as well as the Chancery courts of New Jersey and Delaware. Nicole is well versed in electronic discovery issues, as she co-leads the Litigation Department's Task Force on Electronic Discovery and also serves on the E-Discovery Committee for the International Institute for Conflict Prevention and Resolution (CPR).

Nicole's work as a litigator has earned her several honors, including both the 2010 New Jersey Law Journal "40 Under 40" and NJBIZ "Forty Under 40" awards for professional excellence and commitment to community, as well as recognition as a "Rising Star" by Super Lawyers for the past seven consecutive years. She has been appointed to both the Class Action Committee and the Special Committee on Higher Education of the New Jersey State Bar Association, serves as a firm liaison to the Network of Trial Law Firms, and is also an active member of the National Association of College & University Attorneys.

Selected Case Highlights:

· Currently represents Bristol-Myers Squibb defending more than 160 lawsuits, designated as a mass tort for centralized case management purposes, alleging personal injury and property damages stemming from purported environmental contamination near the company's facilities in New Brunswick, New Jersey. These cases are pending before the Hon. Carol E. Higbee, P.J. Cv., in Atlantic County.

· Represents an international generics pharmaceutical company in connection with contractual disputes surrounding several development, supply and marketing agreements.

· Represents a specialty pharmaceutical company in a commercial dispute related to its licensing agreement to manufacture and commercialize a recently acquired product.

· Led the development and introduction of the expert case for a financial services software company in a business divorce trial, involving a valuation dispute as well as fiduciary duty and oppressed minority shareholder claims.

· Participated as integral trial team member for Princeton University in nationally prominent derivative litigation that raised a number of issues of first impression involving conflicts of interest, the fiduciary duties of directors of a "supporting" charitable organization, academic freedom, donor intent, and the application of the cy pres doctrine. The ultimate resolution, described by plaintiffs as the largest "donor intent" settlement in U.S. history, resulted in severing the ties between the parties; the University remaining in control of the Robertson Foundation endowment (then valued at more than $600 million); and plaintiffs being provided funds to create a new nonprofit charitable institution.

· Performed early case assessment and defended large pharmaceutical client confronting a complex contractual dispute that challenged its strategic alliance with another major pharmaceutical business partner.

· Represented leading provider of imaging, audio-video, and Internet connectivity applications in defense and settlement of ERISA class action claiming participants in the plan suffered losses as a result of breaches of fiduciary duty.

· Counseled director, officer and stockholder of privately held emerging growth company in the face of alleged breaches of fiduciary duty by majority stockholders and other directors.

· Provided litigation counsel to family-owned business relating to dispute with third-party private label credit card portfolio manager (preparing for litigation requesting emergent relief to recover proprietary business information, but successfully negotiating and obviating the need for judicial process).

· Furnished advice to university client merging several campuses and governance structures to minimize potential litigation related to changes in organization, curriculum, and financial aid.

A visible leader at the firm, Nicole contributes to its strategic growth and direction by sitting on the Operating Committee and Strategic Planning Committee. The immediate past chair of Lowenstein Sandler's Diversity Initiatives Committee (which includes within its umbrella the firm's internal Women's Initiative,) Nicole remains on the Steering Committee for both. Nicole has long been involved as a member of the firm's recruiting process and Attorney Career Development Committee, has spearheaded numerous continuing legal education programs for attorneys at all levels of the Litigation Department, and chairs the firm's Peer-to-Peer mentoring program.

Nicole is dedicated to giving back to the community. She serves on the Board of Directors for the North Star Academy Charter Public School in Newark; she also serves on the Board of Trustees (and Executive Committee) for the New Jersey Coalition Against Sexual Assault (NJCASA) and the Harvard Law School Association of New Jersey. In addition, Nicole is a Board member for the New Jersey Women Lawyers Association; serves on the Planning Committee for the National Association of Women Lawyers; and is a lifetime member of the Hispanic Bar Association of New Jersey.

In all aspects of her life, Nicole is motivated to be a role model for her young daughter. Nicole is an active and enthusiastic volunteer leader for her daughter's Girl Scout troop, and takes pride in helping the girls grow in confidence and courage.

Speaking Engagements

· "Business Valuation for Lawyers," New Jersey Institute for Continuing Legal Education, Fairfield, New Jersey, February 18, 2012

· "The 2011 E-Discovery Briefing: Dealing With the Emerging Issues," The Huron Legal Institute's 2011 E-Discovery Briefing, Newark, NJ, October 5, 2011

· "Ethics and Realities of Alternate Fee Arrangements," Network of Trial Law Firms' Litigation Management: Driving Great Results, Naples, FL, Panelist, May 13-15, 2011

· "Class Procedure v. Substance after Shady Grove and Plaintiffs Attorney Fees Under Attack," New Jersey Institute for Continuing Legal Education's Consumer Class Actions & Beyond: Threatened or Alive and Well? Certification, Representation and Attorneys' Fees Program, East Brunswick, NJ, Panelist, April 27, 2011

· "Maximizing Your Effectiveness as a Testifying Valuation Expert in a Business Divorce Litigation," AICPA National Business Valuation Conference, Washington, D.C., Panelist, November 7, 2010

· "Litigation Management and the Impact of Changing In-House/Outside Counsel Relationships," Network of Trial Law Firms, Kiawah, SC, Speaker, November 6, 2010

· "A World of Increased (and Increasing) Scrutiny: Recent Developments & Emerging Issues in E-Discovery Under the Federal and New Jersey Rules," NJ Women in eDiscovery October 2010 Meeting, Roseland, NJ, Speaker, October 19, 2010

· "Fiduciary Duties of In-House Counsel As Officers and Managers," NJCCA 8th Annual Full Day Conference, Whippany, NJ, Speaker, September 24, 2010

· "Ethics: Fiduciary Duties of In-House Counsel," Litigation Management in a New York Minute CLE Program, Network of Trial Law Firms, New York, NY, Speaker, August 6, 2010

· "Fiduciary Duties of Officers and In-House Counsel," A New Decade of Challenges for In-House Counsel CLE Program, Network of Trial Law Firms, Scottsdale, AZ, Speaker, April 24, 2010

· Presentation Regarding the Statement on Conflict of Interest published by the Association of Governing Boards of Universities and Colleges, Nicole Bearce Albano and Martin Michaelson, National Association of College and University Attorneys (NACUA) New York Luncheon Group, March 2, 2010

· Presentation Regarding Settlement of Robertson v. Princeton University, Nicole Bearce Albano and Peter G. McDonough, National Association of College and University Attorneys (NACUA) New York Luncheon Group, January 28, 2009

· "New Jersey's Finest," NJBiz, Presenter, November 17, 2008

· Guest Lecturer, Seton Hall University School of Law, Presentation on the implications of the appellate decision, Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Bd. of Adjustment, 388 N.J. Super. 67 (App. Div. 2006), New Jersey Land Use Practice seminar, March 26, 2008

· "New Jersey's Finest," NJBiz, Presenter, December 5, 2007

· "Donors, Heirs, Desires and Academic Freedom: Perspective and Context Regarding Robertson v. Princeton University" Nicole Bearce Albano, Peter G. McDonough & Lorraine Sciarra, 47th Annual Conference of the National Association of College and University Attorneys (NACUA), San Diego, CA, June 29, 2007

Presentations Addressing Diversity & Inclusion Issues

· "How Has the Move Away from Lockstep Affected Diversity & Flexibility," Project for Attorney Retention Annual Conference, Panelist, March 30, 2011

· "Bridging the Gap Between Law School Professions and Minority Students in a Post-Racial Society," Third National People of Color Legal Scholarship Conference, Panelist, Seton Hall University School of Law, September 12, 2010

· Lowenstein Sandler Annual Diversity Speaker Series Featuring the Honorable Esther Salas, U.S.M.J., and Tommy Shi from Mercedes-Benz USA, Moderator, June 10, 2010

· "Legal Talent at the Crossroads: Why New Jersey Women Lawyers Leave Their Law Firms and Why They Choose to Stay," Center for Women and Work's report to the State Employment and Training Commission, Panelist, January 15, 2010

· "Why Work/Life Balance and Women's Issues Matter in the Economic Downturn," Flex-Time Lawyers Program, Panelist, October 20, 2009

· Lowenstein Sandler Annual Diversity Speaker Series Featuring the former General Counsel of Scripps Networks, Moderator, June 16, 2009

· "Women From the Bench and Bar to Discuss Women's Progress in the Legal Profession," Ladies Day 2008, sponsored by the Rutgers School of Law-Newark Women's Law Forum, Panelist, November 25, 2008

· Lowenstein Sandler Annual Diversity Speaker Series Featuring the General Counsel of the Ferolie Corporation, Moderator, June 10, 2008

· "Navigating Innovation and Change in the Current Legal and Political Environment," The Future of Diversity and Opportunity in Higher Education: A National Forum on Innovation and Collaboration, Moderator, December 4, 2008

· Lowenstein Sandler Annual Diversity Speaker Series Featuring the General Counsel of the Juilliard School, Moderator, June 19, 2007

· Lowenstein Sandler Annual Diversity Speaker Series Featuring the Vice President and Associate General Counsel of Litigation & Conflict Management at Schering-Plough Corporation, Moderator, September 28, 2006

Published Decisions

· Muise v. GPU, Inc., 391 N.J. Super. 90 (App. Div. 2007)

· Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Bd. of Adjustment, 388 N.J. Super. 67 (App. Div. 2006)

· Muise v. GPU, Inc., 371 N.J. Super. 13 (App. Div. 2004)

· Lipman v. Rutgers, the State University of New Jersey, 329 N.J. Super. 433 (App. Div. 2000)

Publications

· Predictive Coding - Cost Savings If Investment Is Made
Law 360, April 5, 2012
Nicole Bearce Albano, Ryan Cooper

· An Ounce of Prevention to Avoid a Pound of Sanctions: New York Appellate Court Sanctions Failure to Preserve Documents Months Before Litigation is Commenced
Litigation Client Alert, February 16, 2012
Nicole Bearce Albano, Ryan Cooper

· Diversity: A Core Value At Lowenstein Sandler PC
Metropolitan Corporate Counsel, March 2010
Nicole Bearce Albano

· Donors, Heirs, Desires and Academic Freedom: Perspective and Context Regarding Robertson v. Princeton University
National Association of College and University Attorneys (NACUA), June 29, 2007
Nicole Bearce Albano

· To Her, Diversity Means Distinguishing Yourself in a Crowd
MultiCultural Law, 2007
Nicole Bearce Albano

· The Future of Class Actions in New Jersey: Alive and Well?
Prepared Written Materials for Presentation by the Class Action Committee at the New Jersey State Bar Association Annual Meeting, May 2005
Nicole Bearce Albano

· Of Blackouts and Lawsuits
Public Utilities Fortnightly, July 2004
Gavin Rooney, Nicole Bearce Albano

· An Unexpected Hurdle Confronts Employers Conducting Workplace Harassment Investigations
Employment Law Alert, October 1999
Nicole Bearce Albano

Press Mentions

· In a New Jersey Law Journal article, Nicole Bearce Albano comments on how Lowenstein Sandler uses part-time schedules to attract and retain quality talent who are seeking alternatives to practicing full-time., New Jersey Law Journal, January 11, 2011

· Nicole Bearce Albano is highlighted for earning the 2010 NJBIZ "Forty Under 40" award and being named to New Jersey Law Journal's 2010 "40 Under 40" list., The Record, September 21, 2010

· Nicole Bearce Albano discusses STRIDES-Advancing Women in Business, an external firm initiative that promotes visibility, leadership opportunities, and quality peer interaction for women in business, and complements the firm's internal women's initiative., Multicultural Law, March 2008

· Nicole Bearce Albano discusses successful appeal filed on behalf of Saddle Brook Realty, where the Appellate Division found no special reasons to justify grant of use variance to competitor., The Bergen Record, September 14, 2006

· In the wake of increased legal action against utilities following power outages, Nicole Bearce Albano discusses various aspects of class actions filed against public utilities and the road blocks that often exist., The Greenville News, January 7, 2006

Affiliations

· American Bar Association, Litigation Section
- Committee on Appellate Practice
- Committee on Class Actions & Derivative Suits

· Association of the Federal Bar of New Jersey

· Cafecito Networking Group for Latina women attorneys

· Harvard Law School Association of New Jersey, Trustee

· Hispanic Bar Association of New Jersey, Lifetime Member

· International Institute for Conflict Prevention and Resolution (CPR)
- E-Discovery Committee

· Justice William J. Brennan, Jr. Inn of Court, Master

· Litigation Counsel of America, Fellow & Member of Blue Ribbon Committee

· National Association of College and University Attorneys
- Editorial Board, NACUA Notes

· National Association of Women Lawyers
- Planning Committee

· Network of Trial Law Firms

· New Jersey State Bar Association
- Class Action Committee
- Special Committee on Higher Education

· New Jersey Women Lawyers Association Board of Directors

Charitable Boards

· New Jersey Coalition Against Sexual Assault, Executive Committee

· North Star Academy Charter Public School, Newark New Jersey

(Also at New York, New York Office). Practice Areas: Appellate; Business Divorce; Class Action & Derivative Litigation; Commercial & Business Litigation; Fiduciary Counseling & Litigation; Life Sciences; Litigation.Email: Nicole Bearce Albano

Daniel J. Barkin (Member) born 1956; admitted to bar, 1981, New Jersey; 2007, District of Columbia; 2007, New York. Education: University of Pennsylvania (B.A., magna cum laude, 1978); New York University School of Law (J.D., 1981) Senior Editor, Moot Court Board.

Daniel J. Barkin has more than 25 years of in-depth experience in commercial transactions, financial services, general corporate, business planning and related business law matters, creditors' rights, structured finance, equipment leasing and mortgage finance. Mr. Barkin's practice includes representation of a broad range of lenders, borrowers and investors in a variety of financial services including asset based, acquisition, project, working capital, mortgage repo warehouse, mortgage, specialty, innovative collateral, mezzanine, syndicated, international leveraged lease, factoring and other financings and in bankruptcy/creditors rights, restructurings and collateral liquidation matters. Mr. Barkin also generally represents a variety of domestic and foreign companies on a range of matters including general corporate, strategic planning, corporate governance, structuring national collateralized customer financing programs, commercial transactions, mergers and acquisitions and developing new ventures. His practice also focuses on the representation of issuers, financial institutions and merchants in credit card and consumer debt programs and structuring and documenting sales, purchases, securitizations and liquidations of debt portfolios including commercial and consumer, prime and subprime, secured and unsecured, and charged-off portfolios. Mr. Barkin has represented a variety of government agencies in international leveraged leasing transactions and restructuring of major development projects.

Mr. Barkin speaks on a variety of subjects including:

· Collateralized transactions

· Creditors' rights and remedies

Publications

· Protecting Servicing Rights in Repos
Mortgage Banking & Finance Alert, January 7, 2008
Daniel Barkin, Ryan Melcher, Jonathan Wishnia

Affiliations

· American Bar Association

· Special Task Force on Securitization

· New Jersey State and District of Columbia Bar Associations

· Vice Chair, Financial Transactions Committee (1988-1989)

· Chair, Workouts Subcommittee (1988-1989)

Practice Areas: Corporate; Lending & Financial Services; Mortgage Banking & Finance.Email: Daniel J. Barkin

Lynda A. Bennett (Member) admitted to bar, 1995, New York and New Jersey; 1995, U.S. District Court, District of New Jersey; 1997, U.S. District Court, Eastern District of New York; 1997, U.S. District Court, Southern District of New York. Education: Susquehanna University (B.A., cum laude, 1991); Valparaiso University School of Law (J.D., magna cum laude, 1994) Executive Editor, Valparaiso Law Review.

Lynda A. Bennett, Member of the Firm and Chair of the Insurance Coverage practice, has more than 18 years of experience in complex commercial litigation, primarily fighting for corporate policyholder rights in insurance coverage disputes. She has recovered hundreds of millions for clients in environmental, asbestos, construction defect, mass tort, product liability, and D&O and professional liability cases. She also counsels clients with respect to contractual insurance requirements, new insurance products, innovative risk management tools, and assessment of their insurance programs.

In 2008, the New Jersey Commission on Professionalism in the Law awarded Lynda a Professional Lawyer of the Year Award, recognizing conduct, competence and demeanor that set an example for others in the profession. She has been listed in The Best Lawyers of America every year since 2006 and is listed among Super Lawyers' top 100 lawyers and top 50 women lawyers. In 2004, the New Jersey Law Journal recognized Lynda on its "40 Under 40" list of outstanding attorneys.

Lynda is a leader in many facets of her legal practice. She is a past Chair of the Insurance Law Section of the New Jersey State Bar Association and a current member of the Section's Executive Committee. Lynda also serves as a Board Member and Strategic Planning Advisor of the New Jersey Women Lawyers Association and previously served as President of this 500-member specialty bar association. Lynda is a member of the Firm's Operating Committee. She also frequently serves as a moderator and speaker for Continuing Legal Education programs and insurance-related seminars.

Publications

· Evolution Of Coverage For Construction Defect Claims
Law 360, May 17, 2012
Lynda Bennett, Andrew Zimmerman

· Federal Court Upholds EPLI Insurer's Disclaimer of Discrimination Action Brought By EEOC - A Preventable Loss Through Careful Underwriting
Insurance Law Client Alert, October 2011
Lynda Bennett, Joseph Jean

· Meeting The Diversity Challenge With All The Right Stuff
The Metropolitan Corporate Counsel, March 2006
Lynda Bennett

· Mock Trials: Early Outreach To Future Lawyers In The Minority Community
The Metropolitan Corporate Counsel, December 2005
Lynda Bennett

· The Struggle For Control: Who Has the Right To Settle Claims?
Claim Denied Insurance Coverage Newsletter, August 2005
Lynda Bennett

· Continued Refinement to Additional Insured Coverage
Claim Denied Insurance Coverage Newsletter, August 2005
Lynda Bennett

· Directors And Officers Beware: Will Your Company's D&O Insurance Policy Be There When You Need It Most?
The Metropolitan Corporate Counsel, May 2005
Lynda Bennett

· Five Frequent Claims Handling Mistakes That Brokers and Policyholders Must Avoid
Claim Denied Insurance Coverage Newsletter, April 2005
Lynda Bennett

· Directors and Officers Denied Coverage Based on Pollution Exclusion
Claim Denied Insurance Coverage Newsletter, April 2005
Lynda Bennett

· Coverage for Additional Insureds Remains in Flux
New Jersey Law Journal, March 2005
Lynda Bennett

· Can You Transfer The Insurance Asset In a Corporate Transaction?
The Metropolitan Corporate Counsel, March 2005
Lynda Bennett

· Scope of Coverage for an Additional Insured Remains in Flux
Insurance Law Section Newsletter, March 2005
Lynda Bennett

· Diversity: Meeting The Challenge In Today's Legal Environment
The Metropolitan Corporate Counsel, February 2005
Lynda Bennett

· Coverage Found For Product Loss Absent Material Alteration
Claim Denied Insurance Coverage Newsletter, January 2005
Lynda Bennett

· Scope Of Coverage For An "Additional Insured" Remains In Flux
Claim Denied Insurance Coverage Newsletter, January 2005
Lynda Bennett, Kristina Pasko

· Insurance Coverage is Available for Blast Fax Lawsuits
New Jersey State Bar Association Newsletter, Insurance Law Section, Vol. 10, No. 2, November 2004
Lynda Bennett

· Practical Insurance Tips for Risk Managers and In-House Lawyers
riskVue, October 2004
Robert Chesler, Lynda Bennett

· Practical Insurance Tips for Risk Managers and In-House Lawyers
Hard Hat News, September 3, 2004
Robert Chesler, Lynda Bennett

· Business Risk Exclusions Do Not Bar Coverage for All Construction Claims
National Lumber and Building Material Dealers Association Risk Management Newsletter, August 2004
Lynda Bennett

· Broker Malpractice Actions: Navigating The Complex World Of Insurance Coverage
Coverage, July/August 2004
Lynda Bennett, David Malekan, Esq.

· Practical Insurance Tips For Risk Managers And In-House Lawyers
The Metropolitan Corporate Counsel, June 2004
Robert Chesler, Lynda Bennett

· Natural Resource Damage Claims Remain At The Forefront of New Jersey Environmental Law
Environmental Law Alert, April 2004
Richard Ricci, Lynda Bennett

· Protecting Your Rights When Your Insurer Becomes Insolvent
Claim Denied Insurance Coverage Newsletter, April 2004
Lynda Bennett

· Bankruptcy Court Rejects Rescission Attempt and Maintains Directors and Officers Access to D&O Policy
Claim Denied Insurance Coverage Newsletter, April 2004
Lynda Bennett, Adam S. Cantor, Esq.

· Current State of Insurance Coverage Landscape
Claim Denied Insurance Coverage Newsletter, April 2004
Robert Chesler, Lynda Bennett

· Insurer Insolvency On The Rise: What You Should Know To Maximize Recovery
Insurance Law Client Alert, April 2004
Robert Chesler, Lynda Bennett

· Inability to Store or Retrieve Data Held Insufficient to Establish Property Damage
Claim Denied Insurance Coverage Newsletter, November 2003
Lynda Bennett, David Malekan, Esq.

· Severability for Innocent Insureds: The Public Policy Case for Coverage
Claim Denied Insurance Coverage Newsletter, November 2003
Lynda Bennett, Adam S. Cantor, Esq.

· When Coverage Does Not Meet Expectations
New Jersey Law Journal, April 14, 2003
Robert Chesler, Lynda Bennett

· Moore Is Less: Benjamin Moore At War With The Doctrine Of Reasonable Expectations
Mealey's Litigation Report, April 1, 2003
Robert Chesler, Lynda Bennett

· Lowenstein Sandler PC: A Firm With A Multifaceted Approach To Diversity
The Metropolitan Corporate Counsel, March 2003
David Harris, Lynda Bennett

· Complexities in Assigning Insurance Responsibility
New Jersey Lawyer, February 24, 2003
Lynda Bennett

· Failure to Cooperate May Eliminate Coverage
Claim Denied Insurance Coverage Newsletter, February 2003
Lynda Bennett

· The Most Recent Refinements to New Jersey's Continuous Trigger and Allocation Rules
Claim Denied Insurance Coverage Newsletter, February 2003
Lynda Bennett

· THREE KEYS TO INSURANCE COVERAGE SUCCESS: Understanding The Legal Standards that Apply to Missing Policies, Aggregate Limit Determinations, and Bad Faith Liability
ICLE: Guide To Environmental/Mass Tort Insurance Law Seminar, December 14, 2002
Lynda Bennett, Kristina Pasko

· Insurance Covers New Wave of Liability
New York Law Journal, June 10, 2002
Lynda Bennett, Jennifer A. Lopez, Esq.

· Reviewing Allocation Law in The Wake of Con Edison
Environmental Claims Journal, Vol. 14, No. 2, Spring 2002
Lynda Bennett, Christian E. Jarecki, Esq.

· Update on Schmidt v. Smith: Coverage for Employment Claims
Claim Denied Insurance Coverage Newsletter, October 2001
Lynda Bennett

· Which Insurance Coverage Issues Still Remain?
Chemical Waste Litigation Reporter (Also republished in the National Environmental Enforcement Journal, September 2001), August 2001
Lynda Bennett, Robyn Ann Valle, Esq., Christian E. Jarecki, Esq., Jennifer Lynn Jack, Esq., and Alexander J. Anglim, Esq.

· Asbestos Liability Insurance: The Phoenix Rises From the Ashes
Journal of Insurance Coverage, Summer 2001
Lynda Bennett

· Coverage 101: Occurrence v. Claims Made Coverage
Claim Denied Insurance Coverage Newsletter, June 2001
Lynda Bennett

· An Insurer's Obligation to Provide a Quality Defense: An Analysis of Insurer Litigation Guidelines
Environmental Claims Journal, Spring 2001
Robert Chesler, Lynda Bennett, Christopher D. Hopkins, Esq.

· How Much Coverage Is Actually Available in Employment Claims?
New Jersey Law Journal, March 12, 2001
Lynda Bennett

· 3rd Annual NJ Insurance Coverage Institute Confirms Insurance As Significant Asset In NJ Brownfield Deals
Claim Denied Insurance Coverage Newsletter, February 2001
Lynda Bennett

· New Jersey Environmental Insurance Law: The Score Card
New Jersey Law Journal, October 23, 2000
Lynda Bennett,

· The Aftermath of Schmidt v. Smith: Successfully Pursuing Employment Claims Under Workers Compensation Insurance Policies
Employment Law Alert, October 2000
Lynda Bennett

· The Development of New Jersey Bad Faith Law
Mealey's Litigation Report, Issue 8, 2000
Robert Chesler, Lynda Bennett

· Successfully Pursuing Employment Claims Under Workers Compensation Insurance Policies
Claim Denied Insurance Coverage Newsletter, February 2000
Lynda Bennett

· Top Ten Reasons to Vigorously Pursue Your Insurance Coverage Claim
Claim Denied Insurance Coverage Newsletter, April 1999
Lynda Bennett

· Employment Practices Liability Insurance: The Protector of Employers?
Claim Denied Insurance Coverage Newsletter, March 1999
Lynda Bennett

· Controlling the Claim Process: The Difference Between Coverage and 'Claim Denied'
Claim Denied Insurance Coverage Newsletter, March 1999
Lynda Bennett

· The Slippery Slope Of Employment Practices Liability Insurance: Is It Worth The Money?
Employment Law Alert, February 1999
Lynda Bennett

· Y2K: Have You Reviewed Your Policies?
Claim Denied Insurance Coverage Newsletter, November 1998
Lynda Bennett

· New Jersey Supreme Court Confirms Coverage for Discrimination Claims Under Workers' Compensation Policies
Mealey's Litigation Report, July 16, 1998
Lynda Bennett

· Trial of the Environmental Insurance Case
New Jersey Law Journal, July 1998
Robert Chesler, Lynda Bennett

· New Jersey Supreme Court Confirms Coverage for Discrimination Claims Under Workers' Compensation Policies
Employment Law Alert, June 1998
Lynda Bennett

· Insurance: The Last Line of Defense Against Repetitive Stress Claims
Computer Law, February 1997
Lynda Bennett, Edward Tessler

Press Mentions

· In The National Law Journal and New Jersey Law Journal articles, Lynda A. Bennett's return to Lowenstein Sandler as Member of the Firm and Chair of the Insurance Coverage group is highlighted., The National Law Journal, New Jersey Law Journal, October 2011

· In Law 360, Lawfuel and Citybizlist articles, Lynda A. Bennett's return to Lowenstein Sandler, as Member of the Firm and Chair of the Insurance Coverage group, is highlighted., Law 360, Lawfuel & Citybizlist, September 28, 2011

· Lynda A. Bennett is featured in an article about the Lowenstein Sandler Fellow Scholarship Program., The Star Ledger, March 3, 2005

Affiliations

· New Jersey State Bar Association
- Member, Insurance Law Section Executive Committee
- Past Chair, Insurance Law Section
- Past Chair, Insurance Law Section Newsletter

· New Jersey Women Lawyers Association
- Board Member
- Strategic Planning Advisor
- Past President

· Continuing Legal Education
- Frequent lecturer on insurance-related topics

Practice Areas: Insurance Coverage; Litigation.Email: Lynda A. Bennett

John L. Berger (Member) born 1956; admitted to bar, 1983, California; 1984, New Jersey. Education: University of Rochester (B.A., magna cum laude, 1978) Phi Beta Kappa; Boalt Hall School of Law, University of California (J.D., 1982); New York University (L.L.M., Taxation, 1991).

John L. Berger has extensive experience in federal income taxation and estate planning, including planning for both closely held and public corporations. He counsels clients in connection with reorganizations, mergers and acquisitions, redemptions, financings, and other transactions. Mr. Berger is a member of the firm's Business Tax Counseling & Structuring practice group.

Mr. Berger's business practice also includes advising start-up business ventures about choice of entity. He has extensive experience in the field of state taxation, having represented clients before taxing authorities and litigated tax controversies.

Mr. Berger also practices complex estate planning with particular emphasis on integrated estate, gift and income tax planning for owners of closely held businesses, the utilization of life insurance as part of the estate plan and the use of generation-skipping trusts.

Speaking Engagements:

· "Estate Planning for Hedge Fund Managers and Investors," Financial Research Associates' Private Investment Funds Tax Master Class, New York, NY, May 18, 2010.

· "Estate Planning for Hedge Fund Managers and Investors," Financial Research Associates' Effective Hedge Fund Tax Practices Conference, New York, NY, November 17, 2009.

Publications

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Metropolitan Corporate Counsel, February 2011
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Business Tax Counseling & Structuring Alert, December 2010
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

· Potential Benefit to Unsecured Creditors from the Worker, Homeownership, and Business Assistance Act of 2009
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 28, 2009
John Berger, Sharon Levine, Cassandra Porter

· New Jersey Enacts Substantial Tax Hikes
Business Tax Counseling & Structuring Alert, July 8, 2009
John Berger, Michael Gooen, Isaac Hirsch, Brian Silikovitz, Kenneth Slutsky

· Tax Increases in the President's Budget Plan
Business Tax Counseling & Structuring Update, March 2009
Richard Horne, John Berger, Michael Gooen, Brian Silikovitz, Kenneth Slutsky

· The American Recovery and Reinvestment Act of 2009: Key Business and Individual Tax Provisions
Business Tax Counseling & Structuring Alert, February 16, 2009
John Berger, Michael Gooen, Brian Silikovitz, Isaac Hirsch

· The Impact of Fluctuating Interest Rates
New Jersey Law Journal, May 9, 2005
John Berger

· New Jersey's Business Tax Reform Act Makes Major Changes to the State's Taxation of Business Entities
Tax Alert, August 2002
John Berger, Marie DeFalco

· Integrating Retirement Accounts
New Jersey Lawyer the Magazine, February 2000
John Berger, John M. Tassillo, Jr., Esq.

· Does the Bell Toll for Personal Residence GRITs
New Jersey Law Journal, May 1999
John Berger, John M. Tassillo, Jr., Esq.

Press Mentions

· In a New York Times article, John Berger comments on why it sometimes is beneficial for parents to discuss their estate plans with their adult children., The New York Times, March 4, 2010

· John L. Berger's trusts and estates practice is highlighted in an article about the importance of estate planning., The New York Times, February 26, 2009

Affiliations

New Jersey State Bar Association

Practice Areas: Business Tax Counseling & Structuring; Employee Benefits & Executive Compensation; Investment Management; Trusts & Estates.Email: John L. Berger

Richard Bernstein (Member) admitted to bar, 2005, New Jersey and New York; 2006, U.S. Tax Court; 2006, U.S. District Court, District of New Jersey; 2008, U.S. District Court, Eastern District of New York; 2008, U.S. District Court, Southern District of New York; 2008, U.S. Court of Appeals, Second Circuit. Education: Babson College (B.S., 1985); Rutgers University School of Law - Newark (J.D., with high honors, 2005) Order of the Coif, Managing Business Editor, Rutgers Computer and Technology Law Journal.

Richard Bernstein, a member of the Investment Management Group, provides counsel to leading national and international investment managers, pooled investment vehicles, and other large publicly traded and privately held businesses on matters related to mergers, acquisitions, complex investment transactions, corporate finance, significant strategic initiatives, derivatives, business law and compliance matters.

Prior to his entry into the legal profession, Mr. Bernstein spent 18 years in the real estate development, finance and M&A industries where he led numerous acquisition, financing and disposition transactions, including transactions in the United States, the Caribbean Basin, Europe and the former Soviet Union.

Some of Mr. Bernstein's representative transactions include:

· Leading a worldwide team of attorneys in providing counsel to Cerberus Capital Management, L.P. in its $1.1 billion acquisition, through a Chapter 11 bankruptcy proceeding, of Tower Automotive, Inc., a global manufacturer of vehicle components.

· Representing a domestic private company in the disposition of its joint venture interest in a Mexican manufacturer.

· Representing management in a buyout of a United States manufacturing division from its Taiwanese parent.

· Representing the family owners of Dynacept, LLC, a manufacturer of rapid prototypes, in the sale of their business to Midwest Plastics Components, Inc., an affiliate of Spell Capital Partners.

· Negotiating, on behalf of a client, a $1 billion credit line with a major money center bank intended to enable the client to avail itself of unique financial opportunities caused by the volatility in the worldwide debt markets.

· Counseling an activist hedge fund in a successful consent solicitation that resulted in the complete ouster of a public company's entrenched board of directors. The public company vigorously, but ultimately unsuccessfully, litigated against the consent solicitation.

Mr. Bernstein was a visiting lecturer of law at the University of Novi Sad, in the Republic of Serbia, as a part of the American Bar Association Balkan Law School Initiative funded by the United States Department of State.

Mr. Bernstein is a Certified Public Accountant.

Publications

· The Big Bang: Major Changes in the Governance Provisions for CDS Transactions
Derivatives Financial Products Report, May 2009
Matthew Magidson, Richard Bernstein

· THE BIG BANG: Adherence Period Opens for CDS Market Participants to Elect New CDS Governance Provisions
IM/Derivatives Client Alert, March 11, 2009
Richard Bernstein, Matthew Magidson

· Limited Time for Holders of Lehman Brothers Credit Default Swaps to Participate in ISDA Settlement Protocol
Investment Management Alert, October 5, 2008
Richard Bernstein, Matthew Magidson

· Learning Curve: Protecting Collateral Against Bank Insolvency Risk, Part 2
Derivatives Week, September 15, 2008
Richard Bernstein

· Learning Curve: Protecting Collateral Against Bank Insolvency Risk, Part 1
Derivatives Week, September 9, 2008
Richard Bernstein

· Six Key Points to Consider When Negotiating ISDA® Master Agreements
Investment Management Alert, April 2008
Richard Bernstein

· Learning Curve: Six Key Points to Consider When Negotiating ISDA Master Agreements
Derivatives Week, February 4, 2008
Richard Bernstein

Press Mentions

· In a New York Law Journal article, Lowenstein Sandler's election of Richard Bernstein and Matthew A. Magidson to Members of the Firm is highlighted., New York Law Journal, January 9, 2012

· In New Jersey Law Journal, Millburn-Short Hills Patch and Citybizlist.com articles, Lowenstein Sandler's election of Richard Bernstein, Richard J. Horne, Michael T.G. Long and Matthew A. Magidson to Members of the Firm is highlighted., New Jersey Law Journal, Millburn-Short Hills Patch, Citybizlist.com, January 2012

Affiliations

· Certified Public Accountant

· American Institute of Certified Public Accountants

· New Jersey Society of Certified Public Accountants

· American Bar Association

· Member, New Jersey District Ethics Committee

(Also at New York, N.Y. Office). Practice Areas: Corporate; Corporate Finance & Securities; Derivatives and Structured Products; Investment Management; Mergers & Acquisitions.Email: Richard Bernstein

Steven E. Brawer (Member) born 1950; admitted to bar, 1974, New Jersey; 1981, New York; 1974, U.S. District Court, District of New Jersey; 1981, U.S. District Court, Southern District of New York; U.S. Court of Appeals, Third Circuit. Education: University of Pennsylvania (B.A., 1970); George Washington University Law School (J.D., with honors, 1974).

Steven E. Brawer concentrates his practice in construction, public contracting and public bidding, administrative proceedings, arbitration, occupational safety and health, and corporate and commercial litigation. Mr. Brawer is an experienced construction attorney who serves as Chair of the firm's Construction Law Practice Group and has served as Legal Counsel to the Utility and Transportation Contractors Association of New Jersey for over twenty years. In addition, Mr. Brawer was featured in the 2005-2012 editions of Super Lawyers and the 2007-2012 editions of The Best Lawyers in America in the area of Construction.

Publications

· Contractors Beware - Recent Decision May Mean Personal Liability For Faulty Construction Work
UTCA Magazine, August 2011
Steven Brawer

· An Expensive Lesson: Take MBE/WBE/DBE Requirements Seriously
UTCA Magazine, June 2011
Steven Brawer

· New Legislation Provides For Withdrawal of Mistake Bid Proposals
UTCA Magazine, April 2011
Steven Brawer

· T.N. Ward, Inc. v. South Jersey Transportation Authority Issues Important Reminder to Bidders: Be Aware of Bidding Scheme Nuances
Construction Law & Litigation Alert, March 2011
Steven Brawer, Christopher Erb

· 25 Years and Still Going Strong
UTCA Magazine, February 2011
Steven Brawer

· It's Time To Re-Examine Arbitration As The Process Of Choice To Resolve Construction Disputes
UTCA Magazine, October 2010
Steven Brawer

· New Jersey Supreme Court Issues Landmark Bidding Decision: Non-Bidder Held to Have Standing to Challenge Bid Specifications
Construction Law Client Alert, March 2009
Steven Brawer, Adrienne Isacoff

· New Jersey Construction Law 2008 Case Law Round-Up
Construction Law Alert, February 2009
Steven Brawer, Adrienne Isacoff

· Job Documentation Made Easy
Utility and Transportation Contractor Magazine, August 2005
Steven Brawer

· Quality Assurance in Public Procurement
Utility and Transportation Contractor Magazine, June 2005
Steven Brawer

· Nowhere For "Pay-To-Play" in a "Low Bid" World
Utility and Transportation Contractor Magazine, April 2005
Steven Brawer

· Navigating New Jersey's Residential Construction Lien Process
New Jersey Lumber Dealer Alert, April 2005
Steven Brawer

· New Jersey Contractors, Real Estate and Clean Fill Reuse: Saving Money and the Environment
Commerce Magazine, March 2005
Steven Brawer

· A Simple Fix for a Chronic Problem
Utility and Transportation Contractor Magazine, February 2005
Steven Brawer

· The Public Contractors Registration Act -- Politics and Government Bureaucracy at Its Worst
Utility and Transportation Contractor Magazine, December 2004
Steven Brawer

· Determining Where To File Suit In Construction Matters - Part II
Utility and Transportation Contractor Magazine, October 2004
Steven Brawer

· Determining Where To File Suit In Construction Matters - Part I
Utility and Transportation Contractor Magazine, August 2004
Steven Brawer

· Why Not Provide Project Budgets and Engineer's Estimates?
Utility and Transportation Contractor Magazine, June 2004
Steven Brawer

· DAM IT ALL!!
Utility and Transportation Contractor Magazine, April 2004
Steven Brawer

· Mischief On The Waterfront
Utility and Transportation Contractor Magazine, April 2004
Steven Brawer

· Landmark Appellate Decision Considers Impact of Bidder Financial Ratings Where Alternates are Involved
Utility and Transportation Contractor Magazine, December 2003
Steven Brawer

· Emergency Regulations Implement Changes in the State's Set-Aside Programs
Utility and Transportation Contractor Magazine, October 2003
Steven Brawer

· Court Settlement Heralds Revolutionary Changes in State MBE/WBE Programs
Utility and Transportation Contractor Magazine, August 2003
Steven Brawer

· Pre-Qualification By The Rules
Utility and Transportation Contractor Magazine, June 2003
Steven Brawer

· Knowledge Is Good
Utility and Transportation Contractor Magazine, April 2003
Steven Brawer

· New Claims, Old Policies: Understanding and Maximizing Your Company's Insurance Coverage for Asbestos Claims
The Lumber Co-Operator, March 2003
Steven Brawer, Alexander J. Anglim, Esq.

· Go Forth And Build - If You Can!!
Utility and Transportation Contractor Magazine, February 2003
Steven Brawer

· When Even A Low Bid Isn't Enough
Utility and Transportation Contractor Magazine, December 2002
Steven Brawer

· Nine Years After Boston Harbor, Public Sector Project Labor Agreements Are Permissible In New Jersey
Utility and Transportation Contractor Magazine, October 2002
Steven Brawer

· A Tough Case Makes Good Law
Utility and Transportation Contractor Magazine, August 2002
Steven Brawer

· New Jersey Enacts Unprecedented Public School Construction Program
The Real Estate Finance Journal, Summer 2002
Steven Brawer, Adrienne Isacoff

· CCA Treated Wood - What's Next?
The Lumber Co-Operator, June/July 2002
Steven Brawer

· A Victory for Open Competition
Utility and Transportation Contractor Magazine, June 2002
Steven Brawer

· More Than The Law Provides
Utility and Transportation Contractor Magazine, April 2002
Steven Brawer

· Material suppliers and the Public Works Contractor Registration Act - Changes on the horizon?
New Jersey Lumber Dealers Association NEWS, March 31, 2002
Steven Brawer

· New Jersey Supreme Court Holds Corporate Officers Not Personally Liable for Alleged Negligence
Utility and Transportation Contractor Magazine, February 2002
Steven Brawer

· The Public School Construction Program: What Is It and How Does It Affect You?
School Construction Alert, January 2002
Steven Brawer

· Checks and Balances
Utility and Transportation Contractor Magazine, December 2001
Steven Brawer

· Strength Through the Rule of Law
Utility and Transportation Contractor Magazine, October 2001
Steven Brawer

· You Can't Beat Competition!!
Utility and Transportation Contractor Magazine, August 2001
Steven Brawer

· Looking Back, Looking Ahead
Utility and Transportation Contractor Magazine, June 2001
Steven Brawer

· Working With NJDOT
Utility and Transportation Contractor Magazine, April 2001
Steven Brawer

· Improper Notice Leads to Spoliation
New Jersey Law Journal, March 5, 2001
Steven Brawer, Adrienne Isacoff

· Recent Construction Defect Case Highlights Importance of Handling Physical Evidence With Care
Construction Law Alert, March 2001
Steven Brawer, Anne Raulerson, Esq.

· A Sound Principle Re-Affirmed
Utility and Transportation Contractor Magazine, February 2001
Steven Brawer

· A Dose of Common Sense for Unknown Subsurface Conditions
Utility and Transportation Contractor Magazine, December 2000
Steven Brawer

· Workplace Injuries: OSHA's New Multi-Employer Work Site Doctrine
New Jersey Law Journal, November 6, 2000
Steven Brawer

· Settle It Now!
Utility and Transportation Contractor Magazine, October 2000
Steven Brawer

· A First Class Choice
Utility and Transportation Contractor Magazine, August 2000
Steven Brawer

· School Construction Program Puts Low Bid System at Risk
Utility and Transportation Contractor Magazine, June 2000 Steven Brawer

· There's No Substitute for a "Positive" Experience
Utility and Transportation Contractor Magazine, April 2000
Steven Brawer

Press Mentions

· In a Trenton Times article, Steven Brawer comments on Superior Court Judge Linda Feinberg's decision to strike down a three-year old Mercer County requirement that contractors bidding on county projects participate in an approved apprenticeship program and provide approved health insurance plans., Trenton Times, May 27, 2011

· Steven Brawer discusses the case, In the Matter of the Appeal of Earle Asphalt Co, currently before the state Supreme Court, which raises the issue of whether a safe harbor provision in New Jersey's "pay to play" ban can be liberally interpreted to take into account a contributor's substantial compliance with that law., New Jersey Law Journal, November 6, 2008

· Steven Brawer discusses the case, In the Matter of the Appeal of Earle Asphalt Co, currently before the state Supreme Court, in which the firm represents a client seeking to overturn the appellate court's strict reading of the "safe harbor" provision in New Jersey's "pay to play" ban., Asbury Park Press, November 6, 2008

· Steven Brawer comments on the ruling by the Superior Court of New Jersey, Appellate Division in In re Earle Asphalt Co., the first reported decision dealing with 2005 amendments to the Pay to Play Law., New Jersey Law Journal, July 7, 2008

Affiliations

· New Jersey Executive Study Commission on Public Procurement Law
- Member (1985-1986)

· American Arbitration Association
- Panelist, Construction Industry Arbitration

· Master; Arthur T. Vanderbilt Inn of Court

· Master; Founding Member, Executive Board, Justice Marie L. Garibaldi; American Inn of Court for Alternative Dispute Resolution
- Founding Member, Executive Board

· American Bar Association
- Construction Industry Forum, Public Contract Law Section
- Occupational Safety and Health Subcommittee

· New Jersey State Bar Association
- Construction and Public Law Section
- Fidelity and Surety Law Committee, (Past Chair)

· Essex County Bar Association

· Passaic County Bar Association

Practice Areas: Construction Law & Litigation; Litigation; Real Estate.Email: Steven E. Brawer

Stephen R. Buckingham (Member) born 1959; admitted to bar, 1990, New Jersey and New York; U.S. District Court, District of New Jersey; U.S. District Court, Eastern District of New York; U.S. District Court, Southern District of New York; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Third Circuit; U.S. District Court, Northern District of New York; U.S. Court of Appeals, Second Circuit; United States Patent and Trademark Office. Education: Lafayette College (B.A., 1982); Rutgers University School of Law - Newark (J.D., with honors, 1989) Order of the Coif, Senior Articles Editor, Rutgers Law Review.

Stephen R. Buckingham has more than twenty years of experience litigating matters involving intellectual property and technology, at the trial and appellate levels, in both federal and state courts. Steve has litigated many matters involving patents, copyrights, trademarks, breaches of licenses and other agreements, as well as related common law torts. He also represents and counsels clients in the life sciences, software/computer, internet and other industries on a wide range of intellectual property right issues, including patent licensing and other contract work, pre-litigation resolution of contract disputes, patent prosecution, and opinions. Steve is a member of the firm's Intellectual Property Litigation and Tech groups, and is an Adjunct Professor at Rutgers University Law School where he teaches patent claim drafting.

Some of Steve's recent matters include:

The Zappa Family Trust v. RykoDisc, Inc., 08-Civ-396 (S.D.N.Y.), in which he represented RykoDisc, a subsidiary of Warner Music Group, in a case involving copyright and trademark infringement, breach of contract and related claims brought by the estate of Frank Zappa, which alleges that RykoDisc has marketed certain Zappa recordings in manners not permitted under the agreement pursuant to which RykoDisc acquired exclusive rights to exploit the Frank Zappa record catalog, and has failed to properly account for mechanical royalties. The case settled favorably for Ryko in 2011.

Joyal Products Inc. v. Johnson Electric Industrial Manufactory, Ltd., 04-5172 (D.N.J.), in which he represented a patent owner in an infringement suit against an international manufacturing conglomerate regarding technology used in the production of motors. After obtaining a jury verdict for our client at trial, convincing the court to triple the damages amount, and then successfully defending an appeal to the Federal Circuit, Steve negotiated a $20 million settlement for our client, which exceeded the amount of the judgment.

Wright Medical Technologies Inc. v. LifeCell Corp., (2007 AAA Arbitration), in which he defended LifeCell in an arbitration brought by Wright Medical, in which it claimed that it was entitled under a license agreement to exclusive distribution rights to LifeCell's new xenograft tissue product. LifeCell prevailed on all counts following a five day evidence hearing before the arbitrator.

Gucci America, Inc. v. Daffy's Inc., 00-463 (D.N.J.), in which he represented Daffy's against trademark infringement and counterfeiting claims. After a bench trial, the court found Daffy's to be an innocent infringer, and denied Gucci's requests for an accounting of profits, a recall and a permanent injunction. Steve successfully defended the judgment on appeal, reported at Gucci America, Inc. v. Daffy's, Inc., 354 F.3d 258 (3d Cir. 2003).

In re Rates-Viper Patent Litigation, 09-Civ-4068 (S.D.N.Y.), in which he represented Viper Networks, Inc. in a consolidated patent infringement litigation brought by Rates Technology, Inc. regarding least-cost VOIP telephone routing technology.

Financial Systems Innovation, LLC v. Abercrombie & Fitch et al., 07-CV-122 (N.D. Ga.), in which he represented three national retail chains in a multi-defendant patent infringement suit brought by a subsidiary of Acacia Technologies, LLC over a fraud prevention feature of networked point-of-sale electronic cash register system.

Dicar et al. v. Stafford Corrugated Products, Inc., et al., 05-CV-5426 (D.N.J.), in which he currently represents plaintiffs in a patent infringement litigation regarding rotary die-cutting blanket technology.

Paramount Pictures Int'l et al. v. KirchMedia GmbH & Co. et al., Index No. 603597/01 (New York Supreme Court, New York County), in which he represented a German media company and defeated an expedited attachment action seeking to attach more than $100 million in intangible copyrights in films and visual works.

Creative Group Marketing v. Hasbro, Inc. et al., 02-1986 (D.N.J.), in which he defended the estate of the deceased inventor of the "Super Soaker" water gun against claims of theft of ideas and trade secret misappropriation, and obtained summary judgment dismissing all claims against our client.

Publications

· Grokster's Impact on Patent Law: Does It Resolve a Federal Circuit Split?
Intellectual Property & Technology Law Journal formerly Journal of Proprietary Rights, February 2006
Stephen Buckingham, Matthew Savare

· Turn Off That "Auto Delete" Switch: Sanctions for Failure to Preserve Electronic Evidence
Litigation Alert, January 2005
Stephen Buckingham

· Deciding Between Patent and Trade Secret Protection
The Metropolitan Corporate Counsel, February 2004
Stephen Buckingham, Justin D. Petruzzelli, Esq.

· Anonymous 'Posters' Complicate Discovery
New York Law Journal, November 19, 2001
Stephen Buckingham, Alix R. Rubin, Esq.

· Business Software Audits: Is Your Company Prepared?
Technology & Internet Alert, June 2001
Stephen Buckingham

· Court Gives New Use To 1994 Law: Trade Secrets
The National Law Journal, February 5, 2001
Stephen Buckingham

· Proposed Business Method Patent Improvement Act - The Battle Begins
Intellectual Property Alert, October 2000
Stephen Buckingham, Stuart D. Sender, Esq.

· Old Dog Learns New Trick:Using Forum Selection Clauses On Websites
Intellectual Property Alert, September 1999
Stephen Buckingham

Press Mentions

· In The Star Ledger, Stephen Buckingham comments on intellectual property issues related to an action figure based on the now infamous New Jersey "tanning mom.", The Star Ledger, May 9, 2012

· Lowenstein Sandler is highlighted for winning a significant patent infringement judgment for client Joyal Products, Inc. against the international motor manufacturing conglomerate Johnson Electric. The judgment reflected an award of treble damages and attorneys' fees based on willful infringement, as well as a permanent injunction and post-judgment royalties of 26% of gross revenues. David Harris and Stephen Buckingham led the Lowenstein team., IP Today, New Jersey Law Journal, Trial.com, March 2009

· David W. Field and Stephen R. Buckingham featured for defending, pro bono, 52 laid-off factory workers who had a $2.26 million default judgment entered against them unknowingly by their employer in an effort to avoid workers compensation claims., The Star Ledger, April 12, 2007

· Stephen R. Buckingham quoted in an article about the importance of protecting intellectual property to prevent the production and sale of knock-off products., Business Week SmallBiz, March 21, 2005

Clerkships

· U.S. District Court, District of New Jersey, Judge Alfred Wolin

· New Jersey Supreme Court, Honorable Stewart G. Pollock

Affiliations

· New Jersey Supreme Court Committee on Model Civil Jury Charges (1998-2002)

· Member, Rutgers Venture Advisory Council (RVAC)

Practice Areas: Corporate; Intellectual Property & Patents; Intellectual Property Litigation; Life Sciences; Litigation; Tech Transfer; The Tech Group; Trademark Prosecution and Enforcement.Email: Stephen R. Buckingham

Bruce D. Buechler (Member) born 1960; admitted to bar, 1987, New Jersey; 1988, New York; 1987, U.S. District Court, District of New Jersey; 1989, U.S. Court of Appeals, Third Circuit; 1992, U.S. Supreme Court; 1993, U.S. District Court, Southern District of New York; 1993, U.S. District Court, Eastern District of New York; 2009, U.S. Court of Appeals, Federal Circuit. Education: Rutgers, The State University of New Jersey (B.A., Economics, 1982); Benjamin N. Cardozo School of Law (J.D., cum laude, 1987).

Bruce D. Buechler is a member of the firm's Bankruptcy, Financial Reorganization & Creditors' Rights Group. Focusing his practice on bankruptcy law, debtor-creditor law and commercial litigation, he represents business entities as debtors and creditors committees in Chapter 11 reorganizations, out-of-court workouts and other financial reorganizations. Mr. Buechler is lead counsel for the official committee of unsecured creditors in the Borders bankruptcy case. He regularly litigates commercial disputes in both federal and state court and provides business consulting in that area. Mr. Buechler is listed in the 2009 edition of The Legal 500, which recognized him as "an extremely good lawyer" recommended for his litigation skills. He is also featured in the 2009-2011 editions of Chambers USA: America's Leading Lawyers for Business and in the 2005-2012 issues of Super Lawyers in the Bankruptcy and Workout section of the publication.

Published Opinions

· In re Borders Group, Inc., 462 B.R. 48 (Bankr. S.D.N.Y. 2011)

· In re Borders Group, Inc., 460 B.R. 818 (Bankr. S.D.N.Y. 2011)

· In re Borders Group, Inc., 453 B.R. 477 (Bankr. S.D.N.Y. 2011)

· In re Borders Group, Inc., 453 B.R. 459 (Bankr. S.D.N.Y. 2011)

· In re Jack C. Benun, 386 B.R. 59 (Bankr. D.N.J. 2008)

· In re Dunmore Homes, Inc., 380 B.R. 663 (Bankr. S.D.N.Y. 2008)

· In re Allserve Systems Corp., 379 B.R. 69 (Bankr. D.N.J. 2007)

· Doubet, LLC v. Palermo, 370 B.R. 599 (Bankr. S.D.N.Y. 2007)

· In re American Pad & Paper Company, 478 F.3d 546 (3rd Cir. 2007)

· In re Advanced Marketing Services, Inc., 360 B.R. 421 (Bankr. D. Del. 2007)

· Mercury Capital Corporation v. Milford Connecticut Associates, L.P., 354 B.R. 1 (D. Conn. 2006)

· In re Jack C. Benun, 339 B.R. 115 (Bankr. D.N.J. 2006)

· In re Worldcom, Inc., 322 B.R. 530 (Bankr. S.D.N.Y. 2005)

· In re Jazz Photo Corp., 312 B.R. 524 (Bankr. D.N.J. 2004)

· In re The Muralo Company, Inc., 301 B.R. 690 (Bankr. D.N.J. 2003)

· In re Telephone Warehouse, Inc., 259 B.R. 64 (Bankr. D. Del. 2001)

· In re Telegroup, Inc., 237 B.R. 87 (Bankr. D.N.J. 1999)

· Worldcom, Inc. v. Sandoval, 701 N.Y.S. 2d 834 (NY Sup. Ct. 1999)

· In re Docteroff, 133 F.2d 210 (3rd Cir. 1997)

· In re Kingston Square Associates, 214 B.R. 713 (Bankr. S.D.N.Y. 1997)

· In re Lan Associates XIV, L.P., 193 B.R. 730 (Bankr. D.N.J. 1996)

· In re Kaplan, 186 B.R. 871 (Bankr. D.N.J. 1995)

· In re Mocco, 176 B.R. 335 (Bankr. D.N.J. 1995)

· Ilan-Gat Engineers, Ltd. V. Shelter Systems Corp., 879 F. Supp. 416 (D.N.J. 1994)

· State of New Jersey v. Heldor Industries, Inc., 989 F.2d 702 (3rd Cir. 1993)

· In re Madison Industries, Inc., 161 B.R. 363 (D.N.J. 1993)

· In re Heldor Industries, Inc., 139 B.R. 290 (D.N.J. 1992)

· In re Manner Place Development Associates, L.P., 144 B.R. 679 (Bankr. D.N.J. 1992)

· Russo v. Friedman, 1992 U.S. Dist. LEXIS 11418 (S.D.N.Y. 1992)

· First Jersey National Bank v. Brown, 951 F.2d 564 (3rd Cir. 1991)

· In re Heldor Industries, Inc., 131 B.R. 578 (Bankr. D.N.J. 1991)

· First Jersey National Bank v. Brown, 127 B.R. 108 (D.N.J. 1991)

· First Jersey National Bank v. Brown, 916 F.2d 120 (3rd Cir. 1990)

· In re Rubin Bros. Footware, Inc., 119 B.R. 416 (S.D.N.Y. 1990)

· In re Neptune Worldwide Moving, Inc., 111 B.R. 457 (Bankr. S.D.N.Y. 1990)

· Ingersoll-Rand Financial Corp. v. Atlantic Management & Consulting Corp., 717 F. Supp. 1076 (D.N.J. 1989)

· In re Neptune Worldwide Moving, Inc., 99 B.R. 584 (Bankr. S.D.N.Y. 1989)

Awards

· Equal Justice Award from Legal Services of New Jersey, May 2006

Publications

· Who Pays the Freight? Interplay Between Priority Claims and a Debtor's Secured Lender
American Bankruptcy Institute Journal, November 2011
Bruce Buechler, Bruce Nathan

· A Failure to Assume: The Ride-Through Doctrine and its Consequences
The Bankruptcy Strategist, March 2011
Bruce Buechler

· A Failure to Assume: The Ride-Through Doctrine And the Consequences of Not Assuming or Rejecting An Executory Contract or Unexpired Lease in a Chapter 11 Case
Equipment Leasing Newsletter, December 2010
Bruce Buechler

· Calculating a Landlord's Rejection Damage Claim Under Section 502(b)(6)
American Bankruptcy Institute Journal, November 2010
Bruce Buechler, Andrew Behlmann

· Refinancing Can Be a Risky Proposition
New Jersey Law Journal, January 15, 2007
Bruce Buechler, S. Jason Teele

· Bankruptcy Law- Court May Void Post-Petition Arbitration Awards
New Jersey Law Journal, March 6, 2006
Bruce Buechler

· Court May Void Post-Petition Arbitration Awards
New Jersey Law Journal, March 6, 2006
Bruce Buechler

· The Impact of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 on Real Property Lessors and Owners and Other Bankruptcy Law Developments
New York State Bar Association Leasing Committee Program, January 18, 2006
Bruce Buechler, Bruce Nathan

· Reducing Costs by Terminating Retiree Benefits in Chapter 11
New Jersey Law Journal, March 15, 2004
Bruce Buechler, Sharon Levine, S. Jason Teele

· Payment To Critical Vendors May Not Be Critical
Bankruptcy Watch, September 2003
Bruce Buechler, Robert H. Yu, Esq.

· Union Labor Under Pressure When Companies File for Protection
New Jersey Law Journal, February 3, 2003
Bruce Buechler, Sharon Levine, S. Jason Teele

· Court Disallows Lease Extension
Real Estate New Jersey, July/August 2002
Bruce Buechler

· Collecting Attorneys' Fees
Real Estate New Jersey, January 2002
Bruce Buechler

Press Mentions

· Bruce Buechler comments on the strategy behind a 1111(b) election., Debtwire, May 17, 2012

· In a Richmond Times-Dispatch article, Bruce Buechler commented on the liquidation of 25 RoomStore locations, which should result in a $5 million net recovery to the Debtor and allow the retailer to continue to operate in its remaining retail locations., Richmond Times-Dispatch, January 5, 2012

· Bruce Buechler, Bruce Nathan and Paul Kizel are highlighted for representing the Official Unsecured Creditors Committee of Borders Group Inc. On August 10, 2011, Judge Martin Glenn approved the bidding procedures for the sale of Borders' intellectual property and real estate leases., The Daily Deal, August 11, 2011

· Bruce Buechler was quoted on his statements at a Borders Group Inc. bankruptcy hearing regarding a potential liquidation of the stores., The Daily Deal, July 15, 2011

· In a Publisher's Weekly article, Bruce Buechler was quoted on his statements in court on how the Creditors Committee in the Borders Group Inc. Chapter 11 case is encouraging BB Brands to come forward with a going-concern bid., Publisher's Weekly, July 14, 2011

· In Publisher's Weekly, Reuters, PaidContent.org, and Bloomberg Businessweek, Bruce Buechler is quoted on the comments he made at a court hearing on the reaction of the Creditors' Committee in the Borders Group Inc. bankruptcy to Judge Martin Glenn granting Borders an extension in filing their Chapter 11 plan. Mr. Buechler is lead counsel for the Creditors' Committee in the Borders bankruptcy case., Publisher's Weekly, Reuters, PaidContent.org, Bloomberg Businessweek, June 2, 2011

· In an article about Borders' executive bonus plan, Bruce Buechler, who represents the unsecured Creditors' Committee in the Borders Group, Inc. Chapter 11 case, comments on a revised bonus plan that would pay Borders executives based on how much they recover for creditors under a sale or restructuring by Aug. 15., Bloomberg Law, April 14, 2011

· Bruce Buechler discusses the fact that bankruptcy judges in Wilmington, DE and Manhattan often consult each other before publishing precedential opinions as a reason many large companies choose to file their Chapter 11 cases in the two courts., Standards & Poors LCD Distressed Weekly, March 25, 2011

· In a Publishers Weekly article, Bruce Buechler is mentioned for his statement in Bankruptcy Court in the Borders Chapter 11 case about Borders' request for final approval of debtor in possession financing., Publishers Weekly, March 15, 2011

· In a Westlaw News & Insight article, Bruce Nathan, Bruce Buechler and Paul Kizel are highlighted for representing the Official Committee of Unsecured Creditors of Borders Group Inc. The Committee objected to the entry of a final order authorizing debtor in possession financing, in part, because the proposed financing does not provide the company with adequate liquidity., Westlaw News & Insight, March 14, 2011

· Bruce Buechler discusses the creation of LHI Enterprises Inc. to make a stalking-horse bid on bankrupt Lang Holdings Inc., Daily Deal/The Deal, September 9, 2009

· Bruce D. Buechler comments on the economic state of book wholesaler, Advanced Marketing Services, Inc. following its December 2006 Chapter 11 filing., Daily Bankruptcy Review Small-Cap, February 1, 2007

· Bruce D. Buechler, counsel to Strauss Discount Auto in its Chapter 11 filing and negotiation with Kimco Realty Corp., a Kimco Capital Corp. affiliate and New York-based retail REIT, comments on Strauss' $33.15 million in debtor-in-possession financing., The Deal, September 10, 2006

Press Mentions

· American Bar Association

· New Jersey State Bar Association

· New York State Bar Association

· American Bankruptcy Institute

· Lawyers Advisory Committee to the United States Bankruptcy Court for the District of New Jersey (2002-2006)

· Essex County Bar Association, Chair, Debtor - Creditor Committee (1999 - 2001)

· Bankruptcy Inn of Court, Master (1995-2006, previously the Executive Director and Vice President)

· Member, Township of West Orange Zoning Board of Adjustment (member since 1998), previously the chair person and vice-chair for several years

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Bruce D. Buechler

Robert D. Chesler (Member) born 1951; admitted to bar, 1983, New York; 1984, New Jersey. Education: Rutgers, The State University of New Jersey (B.A., summa cum laude, 1973) Phi Beta Kappa; Princeton University (M.A., 1976); Princeton University (Ph.D., 1979); Harvard Law School (J.D., cum laude, 1982).

Robert (Bob) D. Chesler, Member of the Firm, is known to his colleagues as "the insurance guru." He represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs; he has never represented an insurance company. He is a relentless advocate for his clients in their efforts to obtain coverage from their insurers. Few can match Bob's total immersion in insurance coverage law. He was a leading participant in the birth of modern insurance law in the early 1980s, when environmental and asbestos liability unleashed a new world of strict, joint and several, and retroactive liabilities on corporate America. Bob continues to successfully navigate the firestorms of coverage litigation that inevitably ensue when corporations try to pass covered liabilities to their insurance companies. He has also emerged as a leader in such new areas of insurance coverage as cyber-insurance, D&O, IP, privacy and "green" insurance.

Bob's greatest assets are his knowledge and experience. He has spent his entire career obtaining settlements from insurance companies. He can speak "insurancese" as well as the insurers, and knows how to approach insurance companies, when to talk to them and when to litigate. His depth of experience enables him to distinguish a bad insurance claim from a good one, and understand and implement best strategies for obtaining money for his clients quickly and cost-effectively.

Bob prides himself on his encyclopedic knowledge of insurance law, which is not surprising, perhaps, for a two-time law school trivia champion. He has served as the attorney of record in more than 30 reported insurance decisions. He has published dozens of articles and is a frequent speaker on insurance issues. Bob has received numerous professional accolades, including listing among The Best Lawyers in America, Chambers USA: America's Leading Lawyers for Business and Super Lawyers.

Bob comes from an academic background. He has a Ph.D. in history from Princeton University, and taught history at the college level. In addition to litigating against insurance companies and counseling clients, Bob maintains a scholarly interest in insurance. He is co-author of the seminal article Patterns of Judicial Interpretation of Insurance Coverage for Hazardous Waste Site Liability, 18 Rutgers L.J. 9 (1986), which has been cited by numerous courts, including seven state supreme courts and the Second Circuit. He co-authored Insurance Coverage for Intellectual Property and Cyber Insurance Claims, published by Thomson West, and is co-editor in chief of the Environmental Claims Journal. He has chaired seminars on the new cyber-policies for the ABA and NJSBA, and is currently Chair of the Insurance Sub-Committee of the American Intellectual Property Law Association. Bob has also taught a class on insurance law at Rutgers-Newark Law School.

REPRESENTATIVE MATTERS:

I. Construction

We currently represent:

- a builder in a $1.2 million claim for water damage resulting from a frozen pipe.

- a builder to determine whether certain damages resulted from construction defect (covered by general liability policy) or design defect (covered by professional liability policy).

- the owner of a condo community against claims involving Chinese drywall, which allegedly causes health problems.

II. Toxic tort

- We represent companies that are seeking coverage for asbestos, silica and benzene exposures.

- We successfully represented a company seeking coverage for claims that a wood preservative it manufactured allegedly leached arsenic, resulting in bodily injury and property damage.

III. Environmental

We have successfully represented dozens of companies in many different industries, including multinational corporations such as AT&T, Union Carbide and Chrysler, and smaller businesses such as dry cleaners and gas stations, seeking insurance coverage for environmental contamination claims.

IV. Product disparagement

We currently represent companies that allegedly libeled competitors' products.

V. Copyright

We currently represent a company accused of copyright infringement. The key disputed issue is whether settlement costs are covered 'damages' or, as alleged by the insurer, uncovered restitution.

VI. D&O litigation

- We recently successfully resolved a case that raised the issue of whether governmental subpoenas constitute covered claims.

- We have advised dozens of companies with respect to D&O coverage issues.

VII. Cyber

- After hackers disabled a retail client's Web site, we successfully resolved a dispute over coverage under a Web site business interruption policy.

- We have also advised a retail chain concerning the purchase of privacy insurance.

VIII. Employment

We currently represent a company regarding the issue of whether a notice of charges from the EEOC constitutes a claim that requires notice to the employment insurance carrier.

SPEAKING ENGAGEMENTS:

· New Jersey Institute for Continuing Legal Education Seminar, "Bringing Home the Bacon: Emerging Issues in Food Industry Liabilities and Insurance Coverage, March 22, 2012

· 2012 Corporate Counsel Institute, "Insurance Law - Contractual Liability," January 25, 2012

· Legal Publishing Group of Strafford Publications Teleconference, "Insurance Coverage for IP Assets and Claims of Infringement: What IP Counsel Need to Know," January 10, 2012

· New Jersey State Bar Association - Insurance Law Section, "The Impact of the Food Safety Modernization Act on Insurance Law," September 20, 2011

· Essex County Bar Association CLE Program, "The ABC's of GCL Law: Basic Issues in General Liability Insurance Coverage," April 7, 2011

· Association of Legal Administers, "Cyber Liability Insurance," November 18, 2010

· New Jersey Environmental Inn of Court, "Deepwater Horizon Oil Spill: The Legal Fall Out," November 3, 2010

· Toxic Tort and Environmental Law Committee and Admiralty Law Committee Teleconference, "Deepwater Horizon Oil Spill: The Legal Fall Out," July 21, 2010

· HB Litigation Conference - Environmental Claims and Insurance Coverage Crash Course, "The Brave New World of Coverage," May 21, 2010

· 2010 Insurance Coverage Litigation Committee CLE Seminar, "The Insurance Broker and Coverage Disputes: Emerging Issues," March 4-6, 2010

· American Intellectual Property Law Association Annual Conference, "Do I Really Need IP/Cyber Insurance?," October 16, 2009

· American Intellectual Property Law Association Annual Conference, "Intellectual Property and Cyber Insurance Issues Under General Liability Policies," October 16, 2009

· NJICLE Seminar, "Global Climate Change: What You Need to Know About the Laws Governing Climate Change," September 30, 2009

· NJICLE Webinar, "Ten Case Law Developments for the Insurance Professional," September 16, 2009

· Webinar, "The AIG Meltdown: What it Means to You and Your Clients," October 7, 2008

· NJICLE Seminar, "Dealing with Cyber Risk & Cyber Insurance," July 30, 2008

· New Jersey Insurance Coverage Institute Insurance Seminar, May 13, 2008

· New Jersey Institute for Continuing Legal Education, "Settling Asbestos & Environmental Insurance Claims," March 13, 2007

· Third Advanced Forum on Environmental Insurance Claims and Litigation, "Resolving Complex Coverage Issues Under EIL and CGL Policies," January 26, 2007

· 2007 Corporate Counsel Institute, January 24, 2007

· Insurance Law and Litigation Week, Live Interactive Teleconference Program, "Occurrences in Complex Insurance Claims -State of the Law-Emerging Trends," February 15, 2006

· 2006 Corporate Council Institute, Moderator/Program Coordinator, "Issues That Confront In-House Council," New Jersey Institute for Continuing Legal Education, January 25, 2006

· 2005 Corporate Counsel Institute, Moderator/Program Coordinator, New Jersey Institute for Continuing Legal Education, March 3, 2005

· "The Decision to Litigate: Should I Stay or Should I Go?," Mealey's Insurance 101 Conference, February 28 - March 1, 2005

· "Construction Defects Insurance," Insurance Coverage for Construction Defects, October 5, 2004

· "Environmental Insurance Issues," USDA Pollution Control Team Professional Development Conference, September 27 - 29, 2004

· "Insurance Law in the Age of NRD & Asbestos", 2004 Environmental Law Forum, June 25 - 26, 2004

· "Insurance Coverage for Asbestos, Silica and Other Industrial Inhalation Claims", Industrial Minerals Association North America Meeting, May 2, 2004

· "Analyzing A Complex General Liability Insurance Coverage Action", 2004 Mid-Year Meeting of the Insurance Coverage Litigation Committee (ABA), March 4 - 6, 2004

· "Analyzing A Complex General Liability Insurance Coverage Action", 2004 Corporate Counsel Institute, New Jersey Institute for Continuing Legal Education, February 25, 2004

· "Insurance Coverage 101 for Natural Resource Damage Claims", Natural Resource Damages What It Means to New Jersey Businesses, Seminar, December 12, 2003

· "Trigger and Allocation: Insurance Law in the Age of NRD and Asbestos", Lowenstein Sandler Insurance Coverage Seminar, December 5, 2003

· "And The Mold Creeps On", New Jersey Institute For Continuing Legal Education Seminar on the Legal and Technical Aspects of Mold Cases, June 28, 2003

· "Using Insurance To Do the Deal", 6th Annual New Jersey Insurance Coverage Institute Seminar Series, June 19, 2003

· "Practical Training for the Claims Professional", Mealey's Conference, March 3 - 4, 2003

· "Handling D&O Insurance Claims in the Post-Enron Era", 6th Annual New Jersey Insurance Coverage Institute Seminar Series, February 5, 2003

· "Environmental Insurance", American Conference Institute, December 12 - 13, 2002

· "D&O", 5th Annual New Jersey Insurance Coverage Institute Seminar Series, December 5, 2002

· "Insurance Broker Liability", 5th Annual New Jersey Insurance Coverage Institute Seminar Series, October 2, 2002

· "Insurance Broker Liability", Mealey's Conference on New Insurance Issues in the Northeast, June 6 - 7, 2002

· "Surviving Today's Hard Market", 5th Annual New Jersey Insurance Coverage Institute Seminar Series, April 30, 2002

· "New Jersey Law Provides Insurance Coverage For Asbestos Claims", Lowenstein Sandler Asbestos Liability Seminar, March 16, 2002

· "Contingency Planning Seminar", Lowenstein Sandler Insurance Coverage Seminar co-sponsored with Grant Thornton, February 8, 2002

· "Employment Law", 4th Annual New Jersey Insurance Coverage Institute Seminar Series, October 18, 2001

· "Doing the Deal in Hudson County", Brownfields, June 18, 2001

· "Coverage Under Your Traditional Policies", 4th Annual New Jersey Insurance Coverage Institute Seminar Series, June 14, 2001

· "Asbestos Program for the Essex/Union Lumber Dealers", New Jersey Lumber Dealers Association, April 25, 2001

· "The Duty to Defend", 4th Annual New Jersey Insurance Coverage Institute Seminar Series, April 5, 2001

· "Cost Effective Resolution of Environmental Insurance Claims", 3rd Annual New Jersey Insurance Coverage Institute Seminar Series, October 4, 2000

· "Catastrophic Risk in New Jersey: Preparing For Loss After 9-11 and Katrina", New Jersey Institute For Continuing Legal Education/NJSBA, December 7, 2006

·

Publications

· Do You Have Coverage for Product Contamination Under Your Property Policy?
Food Insurance Alert, May 2012
Robert Chesler

· 'Additional Insureds' Can Add To Policy Confusion
Law 360, April 16, 2012
Robert Chesler, Ryan Cooper

· Understanding Your Food Recall Insurance Policy
Law 360, April 6, 2012
Robert Chesler

· Be Careful With Whom You Share Your Policy: N.J. Appellate Division Construes Additional Insured Clause Broadly
Insurance Law Client Alert, March 2012
Robert Chesler, Ryan Cooper

· Bringing Home the Bacon: Emerging Issues in Food Insurance Law
ABA Insurance Coverage Litigation Committee Seminar, March 2012
Robert Chesler

· Taking A Bite Out Of Denied Food-Recall Claims
Law 360, February 13, 2012
Robert Chesler

· Supreme Court and Appellate Division Decisions Broaden Insurers' Duty to Defend
New Jersey Lawyer, February 2012
Robert Chesler, Ryan Cooper

· Food Recall Plans: Insurance Against the Inevitable
Food Safety Magazine, December 2011
Robert Chesler

· Food Insurance and Risk Management Newsletter
Robert Chesler

· Product Recall Insurance - Court Upholds Another Coverage Denial
Insurance Law Client Alert, November 2011
Robert Chesler

· Eleventh Circuit Denies Coverage for FACTA Liability
American Bar Association Section of Litigation Insurance Coverage Committee, November 2011
Robert Chesler

· Batch Clauses and the Fine Print of Products Liability
Risk & Insurance, November 3, 2011
Robert Chesler

· Case Study: Fresh Express V. Beazley Syndicate
Law360, September 26, 2011
Robert Chesler

· Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees and Independent Consultants
Metropolitan Corporate Counsel, September 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Notable Case Developments In Food Insurance Law
Law360, August 29, 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Food Insurance Law: Notable Case Developments
Insurance Law Client Alert, August 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Is Your Insurance Coverage FSMA-Ready?
Food Safety Magazine, July 2011
Robert Chesler

· A Common-Sense Approach to D&O Policy Exclusions
Law360, July 27, 2011
Robert Chesler, S. Jason Teele

· Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees, and Independent Consultants
Insurance Law Client Alert, July 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Missouri Upholds Disclaimer of Advertising Insurance Coverage
American Bar Association Section of Litigation Insurance Coverage Committee, July 20, 2011
Robert Chesler, Eric Jesse

· D&O Coverage At Little Or No Additional Cost
Financial Executive, July/August 2011
Robert Chesler

· Product Recalls Demand Careful Insurance Coverage Analysis
American Bar Association Section of Litigation Insurance Coverage Committee, July 6, 2011
Robert Chesler

· Navigating the Intersection of Bankruptcy and Insurance
Law360, July 1, 2011
Robert Chesler, S. Jason Teele

· Food Product Recalls - Is Your Company Covered?
Law360, June 14, 2011
Robert Chesler

· Case Study: Travelers Property v. Centex
Law360, May 9, 2011
Robert Chesler, Reynold Lambert

· New Jersey Federal Court Denies Coverage Under Cost Cap and Pollution Legal Liability Policies
Insurance Law Client Alert, April 2011
Robert Chesler, Michael Lichtenstein

· 2010 Developments In D&O Law
Metropolitan Corporate Counsel, April 2011
Robert Chesler, Joseph Jean

· Hedge, PE and VC Funds, Be Warned: Insurance Companies Disclaim Coverage
Insurance Law and Investment Management Client Alert, March 2011
Robert Chesler, Michael Lichtenstein, Peter Greene

· Insurance Company Must Defend Hotel in Negligence Lawsuit
Hospitality Law, March 2011
Robert Chesler, Eric Jesse

· Review of 2010 Case Law on D&O Insurance Coverage
Insurance Law Client Alert, February 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Growing Abuse Of The Absolute Pollution Exclusion
Law360, February 10, 2011
Robert Chesler

· New Jersey Appellate Division Reduces Insurance Coverage For Construction Claims
Insurance Law and Construction Law Client Alert, January 2011
Robert Chesler, Christopher Erb

· The Year's Worst Insurance Coverage Decision: Second Circuit Denies Coverage Because of Late Notice
Metropolitan Corporate Counsel, January 2011
Robert Chesler

· Courts Squeeze Coverage For False Labeling Claims
Law360, December 14, 2010
Robert Chesler

· The Year's Worst Insurance Coverage Decision: Second Circuit Denies Coverage Because of Late Notice
Insurance Law Client Alert, November 29, 2010
Robert Chesler

· The Continuing Struggle For D&O Coverage
Law360, November 29, 2010
Robert Chesler

· Running For Cover, Not For Coverage
Law360, October 18, 2010
Robert Chesler, Michael Lichtenstein

· Wheel In The Sky Keeps On Turning
Mealey's Litigation Report: Construction Defects Insurance, August 2010
Robert Chesler, Michael Lichtenstein

· Key Recent Insurance Coverage Decisions
New Jersey Law Journal, June 7, 2010
Robert Chesler, Michael Lichtenstein

· The Insurance Broker and Coverage Disputes: Emerging Issues
Professionals', Officers' and Directors' Liability Committee Newsletter, Spring 2010
Robert Chesler

· Survey of Recent D&O Insurance Case Law
Insurance Law Client Alert, January 2010
Robert Chesler, Michael Lichtenstein

· The Intersection of Data Breach and D&O Exposure
Insurance Law Client Alert, December 29, 2009
Robert Chesler, Michael Lichtenstein

· No D&O Coverage For Payment To Shareholder Class Parties Fight Over Access to D&O Proceeds
Insurance Law Client Alert, October 2009
Robert Chesler

· Recent Court Decisions Address Key Coverage Issues Under D&O Policies
Insurance Law Client Alert, September 2009
Robert Chesler

· The Prevalence Of Privacy: Issues For In-House Counsel In The Information Age
The Metropolitan Corporate Counsel (also published in the NJCCA Newsletter, July 10,2009), June 2009
Matthew Savare, Mary Hildebrand, Robert Chesler

· Court Casts Doubt on Effectiveness of Additional Insurance Coverage
Insurance and Construction Litigation Client Alert, May 2009
Robert Chesler, Adrienne Isacoff

· Ten Significant Recent Insurance Decisions
Mealey's Litigation Report: Insurance, May 14, 2009
Robert Chesler

· New Jersey Appellate Division Estops Insurers From Denying Coverage Based on Faulty Reservations of Rights
Insurance Law Client Alert, May 8, 2009
Robert Chesler, Michael Lichtenstein

· New Jersey Court Expansively Interprets Term "Physical Damage" in Property Policy
Insurance Law Client Alert, May 2009
Robert Chesler, Michael Lichtenstein

· Interrelated Acts, Unrelated Case Law
Coverage, March/April 2009
Robert Chesler

· Lions and Tigers and Notice: Notice requirements under claims-made insurance policies
New Jersey Law Journal, February 23, 2009
Robert Chesler

· Persistence Of Trigger, Allocation Disputes
Law360, February 11, 2009
Robert Chesler

· Court Adds Clarity to "Your Work" Exclusion
Insurance and Construction Litigation Client Alert, January 22, 2009
Robert Chesler, Adrienne Isacoff

· Does A Subpoena Constitute A 'Claim' For Purposes Of D&O Insurance Coverage?
Mealey's Emerging Insurance Disputes, January 21, 2009
Robert Chesler

· The Coming Clash of Intellectual Property with Insurers
NJBiz, November 24, 2008
Robert Chesler

· AIG: Time to Evaluate, Not Panic
Insurance Law Client Alert, September 19, 2008
Robert Chesler, Michael Lichtenstein

· Claim Denied Newsletter
Claim Denied Alert, July 2008
Robert Chesler, Michael Lichtenstein

· Navigating the Cyber-Insurance Marketplace
Bloomberg Law Reports - Republished in CPCU Society Risk Management Interest Group April 2010, June 30, 2008
Robert Chesler

· Insurance Coverage For Intellectual Property Infringement
Bloomberg Law Reports, Insurance Law, June 23, 2008
Robert Chesler

· Filling the Gaps in your Coverage Portfolio with Cyber Policies: Lost or Damaged Data
Bloomberg Law Reports, Insurance Law, June 9, 2008
Robert Chesler

· Privacy Liability--Are You Covered?
Bloomberg Law Reports, Insurance Law (also published in Risk Management Interest Group, June 2009), June 2, 2008
Robert Chesler

· The Receipt of a Subpoena Constituting a Coverage-Triggering "Claim"
Coverage, an ABA Insurance Publication, March/April 2008
Robert Chesler

· Insurance Law Newsletter
Claim Denied, February 2008
Robert Chesler

· Back to Basics: Significant Insurance Cases of 2007 Focused on Policy Construction, Procedural Issues
New Jersey Law Journal, January 21, 2008
Robert Chesler

· Insurance Coverage for In-House Counsel
Insurance Law Client Alert, January 2008
Robert Chesler, Michael Lichtenstein

· Secrecy and Seclusion: Developments in Privacy Insurance Law
Enivornmental Claims Journal, July 2007
Robert Chesler

· A Specialized Risk: IP Coverage No Longer Available Under CGL Policies
The Metropolitan Corporate Counsel, June 2007
Robert Chesler

· A Specialized Risk
New Jersey Law Journal, April 23, 2007
Robert Chesler

· Directors & Officers Insurance Coverage: Half Full Or Half Empty?
The Metropolitan Corporate Counsel, March 2007
Robert Chesler

· Insurance Coverage For Employee 'Intentional' Injury Claims
Claim Denied, February 2007
Robert Chesler

· Suit Limitation Provisions
Claim Denied, February 2007
Robert Chesler

· Disclaimer Delayed Is Not Necessarily Coverage Denied
New Jersey Law Journal, January 29, 2007
Robert Chesler

· Zurich American Insurance Company v. ABM Industries, Inc.: Understanding The Complexities Of Business Interruption Coverage
The Metropolitan Corporate Counsel, October 2006
Robert Chesler

· Rolling the Dice: How Many Occurrences Have Occurred?
Environmental Claims Journal (Taylor & Francis), Vol. 17, No. 1, Winter 2005
Robert Chesler

· Premises Liability Asbestos Claims
Claim Denied Insurance Coverage Newsletter, August 2005
Robert Chesler

· Advertising Injury Coverage: Good News, Bad News
Claim Denied Insurance Coverage Newsletter, August 2005
Robert Chesler

· Preserving D&O Coverage For Directions
Claim Denied Insurance Coverage Newsletter, August 2005
Robert Chesler

· Court Places Limits on Insurer's Reservation of Rights
Claim Denied Insurance Coverage Newsletter, August 2005
Robert Chesler

· The Absolute Pollution Exclusion at 20 - Continuing Uncertainty
Environmental Claims Journal (Taylor & Francis), Vol. 17, No. 3-4, Summer-Fall 2005
Robert Chesler

· Managing Your Insurance Broker: Promises & Potential Liability
Commerce Magazine, July 2005
Robert Chesler

· D&O Insurance: Now You See It, Now You Don't
The Metropolitan Corporate Counsel, June 2005
Robert Chesler

· New Decision Clarifies New Jersey Law On Insurer's Duty To Defend
Claim Denied Insurance Coverage Newsletter, January 2005
Robert Chesler

· Silica Litigation On The March
"Claim Denied Insurance Coverage Newsletter", January 2005
Robert Chesler

· Having The Right Insurance
The ICFAI Journal of Insurance Law, January 2005
Robert Chesler

· Protecting Against Silica Claims
Insurance and Mass Tort Client Alert, November 2004
Robert Chesler

· Practical Insurance Tips for Risk Managers and In-House Lawyers
riskVue, October 2004
Robert Chesler, Lynda Bennett

· Practical Insurance Tips for Risk Managers and In-House Lawyers
Hard Hat News, September 3, 2004
Robert Chesler, Lynda Bennett

· The Perils of Additional Insured Status
riskVue, August 2004
Robert Chesler

· New Decision Clarifies New Jersey Law On Insurer's Duty To Defend
Insurance Law Client Alert, August 2004
Robert Chesler

· Broker - Client Conflicts
Claim Denied Insurance Coverage Newsletter, July 2004
Robert Chesler

· Notice: Good News, Bad News
Claim Denied Insurance Coverage Newsletter, July 2004
Robert Chesler

· Is Silica the Next Asbestos?
New Jersey Law Journal, June 28, 2004
Robert Chesler, James Stewart, Geoffrey T. Gibson, Esq.

· Practical Insurance Tips For Risk Managers And In-House Lawyers
The Metropolitan Corporate Counsel, June 2004
Robert Chesler, Lynda Bennett

· The Perils of Additional Insured Status
Insurance Law Alert, June 2004
Robert Chesler

· The Perils of Additional Insured Status
Insurance Law Client Alert, June 2004
Robert Chesler

· Insurer Insolvency On The Rise: What You Should Know To Maximize Recovery
Insurance Law Client Alert, April 2004
Robert Chesler, Lynda Bennett

· Current State of Insurance Coverage Landscape
Claim Denied Insurance Coverage Newsletter, April 2004
Robert Chesler, Lynda Bennett

· Having The Right Insurance
Environmental Claims Journal, Vol. 16, No. 2, Spring 2004
Robert Chesler

· Silica Claims on the Rise - Will You Have Insurance Coverage?
Insurance Law Client Alert, March 2004
Robert Chesler, Geoffrey T. Gibson, Esq.

· The Emerging World of Internet Insurance
HRH Risk Issues, February 2004
Robert Chesler

· Absolute Pollution Exclusion Update: Court Decision May Create Uninsured Exposure
Insurance Law Client Alert, January 2004
Robert Chesler

· Absolute Pollution Confusion
New Jersey Law Journal, November 17, 2003
Robert Chesler, Kristina Pasko

· Bad Faith Claims Handling and Punitive Damages
Environmental Claims Journal, Winter 2003
Robert Chesler

· Northern Insurance: Coverage for Preventative Measures in Cell Phone Case
Environmental Claims Journal (Taylor & Francis), Vol. 15, No. 3, Summer 2003
Robert Chesler

· The Emerging World of Internet Insurance
Claim Denied Insurance Coverage Newsletter, May 2003
Robert Chesler

· D&O Insurance: The New Math
Claim Denied Insurance Coverage Newsletter, May 2003
Robert Chesler, Adam S. Cantor, Esq.

· Multiple Deductibles and Multiple Occurrences in Mass Tort Litigation
Claim Denied Insurance Coverage Newsletter, May 2003
Robert Chesler

· When Coverage Does Not Meet Expectations
New Jersey Law Journal, April 14, 2003
Robert Chesler, Lynda Bennett

· Moore Is Less: Benjamin Moore At War With The Doctrine Of Reasonable Expectations
Mealey's Litigation Report, April 1, 2003
Robert Chesler, Lynda Bennett

· Traps Set for the Unwary - California Supreme Court Invalidates Policy Rights in Corporate Restructuring
Environmental Compliance & Litigation Strategy, March 2003
Robert Chesler, Michael Rodburg

· Environmental Insurance Law: Filling in the Gaps
New Jersey Law Journal, February 2003
Robert Chesler, Alexander J. Anglim, Esq.

· New Jersey Environmental Insurance Law: Filling In The Gaps
Mealey's Litigation Report, January 7, 2003
Robert Chesler, Alexander J. Anglim, Esq.

· The Current Insurance Picture: Hard Markets, Closed Fists
Claim Denied Insurance Coverage Newsletter, November 2002
Robert Chesler

· The D&O Hard Market: Top Ten Survival Tips
Claim Denied Insurance Coverage Newsletter, September 2002
Robert Chesler

· Court Says No to AOL on Insurance Coverage for Defective Software Claims
Claim Denied Insurance Coverage Newsletter, September 2002
Robert Chesler

· Court Says No to AOL on Insurance Coverage for Defective Software Claims
Insurance Law Client Alert, August 2002
Robert Chesler

· New Jersey Court Extends the Reach of the Absolute Pollution Exclusion Clause to Non-Environmental Claims
Insurance Law Client Alert, July 2002
Robert Chesler

· Do You Know Where Your Intellectual Property Insurance Is?
Claim Denied Insurance Coverage Newsletter, March 2002
Robert Chesler

· Insurance Basics
Building Material Dealer, February 2002
Robert Chesler

· Essentials of Business Interruption Insurance Law
Mealey's Litigation, December 2001
Robert Chesler, Alexander J. Anglim, Esq.

· New Jersey Supreme Court Creates Sweeping Broker Liability
Mealey's Litigation Report, November 6, 2001
Robert Chesler, Christian E. Jarecki, Esq.

· Return of the Asbestos Insurance Wars
New Jersey Law Journal, November 5, 2001
Robert Chesler, Lisa M. Campisi, Esq.

· One Family's Experience: Why Punitive Damages Are Appropriate In Mold Insurance Cases
Mealey's Litigation Report, November 2001
Robert Chesler, Carmela Cannistraci, Esq.

· The ABC's of D&O Coverage
New Jersey Lawyer the Magazine, October 2001
Robert Chesler, Lisa M. Campisi, Esq.

· Courts Disagree on Insurance Coverage for Data
Insurance Law Client Alert, October 2001
Robert Chesler, Jennifer A. Lopez, Esq.

· Metropolitan Life and Hercules: The Risks of Allocation Litigation
Environmental Claims Journal, Summer/Autumn 2001
Robert Chesler, Adam S. Cantor, Esq.

· New Jersey Law Provides Coverage For Asbestos Claims
Claim Denied Insurance Coverage Newsletter, June 2001
Robert Chesler, Christian E. Jarecki, Esq.

· An Insurer's Obligation to Provide a Quality Defense: An Analysis of Insurer Litigation Guidelines
Environmental Claims Journal, Spring 2001
Robert Chesler, Lynda Bennett, Christopher D. Hopkins, Esq.

· Cooperating With Your Insurer And Reverse Bad Faith
Claim Denied Insurance Coverage Newsletter, February 2001
Robert Chesler

· Does Your Disability Insurance Require You To Become A Gate Attendant?
Claim Denied Insurance Coverage Newsletter, February 2001
Robert Chesler

· Computer Crash Covered by Brick-And-Mortar Insurance Policy: The Implications of the Groundbreaking Ingram Micro Case
Internet Insurance Alert, October 2000
Robert Chesler, Christian E. Jarecki, Esq.

· Insurance Coverage for Clean Ups
Claim Denied Insurance Coverage Newsletter, September 2000
Robert Chesler

· The Development of New Jersey Bad Faith Law
Mealey's Litigation Report, Issue 8, 2000
Robert Chesler, Lynda Bennett

· Bad Faith and Insurer's Duty to Reconstruct Missing Policies
Environmental Claims Journal, Summer 2000
Robert Chesler, Robyn Ann Valle, Esq.

· Beware the Absolute Pollution Exclusion Clause
Claim Denied Insurance Coverage Newsletter, June 2000
Robert Chesler

· An Outline of Liability Insurance Issues
Claim Denied Insurance Coverage Newsletter, June 2000
Robert Chesler

· New Jersey Appellate Division Addresses Insurance Coverage for Intellectual Property and Business Torts
Insurance Law Client Alert, April 2000
Robert Chesler

· Courts Address Patent Insurance Issues
New Jersey Law Journal, March 20, 2000
Robert Chesler, Robyn Ann Valle, Esq.

· Recovering environmental cleanup costs
Claim Denied Insurance Coverage Newsletter, February 2000
Robert Chesler

· Internet Insurance Coverage: Potential for Coverage Under Traditional Policies
Claim Denied Insurance Coverage Newsletter, September 1999
Robert Chesler, Robyn Ann Valle, Esq.

· American Guarantee Seeks Declaratory Judgment that Xerox Waited Too Long to Seek Coverage for Y2K
Claim Denied Insurance Coverage Newsletter, September 1999
Robert Chesler

· Current Case Developments
Environmental Claims Journal, June 1999
Robert Chesler, Carmela Cannistraci, Esq.; Christian E. Jarecki, Esq.

· Broker Liability in a Changing Insurance World
Claim Denied Insurance Coverage Newsletter, April 1999
Robert Chesler, Christian E. Jarecki, Esq.

· New Environmental Insurance Products Increase Protection
Claim Denied Insurance Coverage Newsletter, March 1999
Robert Chesler

· Did the Titanic's Insurer Deny Coverage?
Claim Denied Insurance Coverage Newsletter, November 1998
Robert Chesler

· The Failure of the General Liability Policy and the Rise of Niche Insurance
Claim Denied Insurance Coverage Newsletter, November 1998
Robert Chesler, Robyn Ann Valle, Esq.

· New Environmental Insurance Policies
New Jersey Law Journal, October 1998
Robert Chesler, Robin Kelliher

· Trial of the Environmental Insurance Case
New Jersey Law Journal, July 1998
Robert Chesler, Lynda Bennett

·

E-Souces

· The Lowenstein Sandler Insurance Claims Handling Guide
Insurance Coverage Group, 2011
Robert Chesler, Michael Lichtenstein

Press Mentions

· In a Law360 article, Robert Chesler comments on the increasing need for data breach insurance coverage across all industries., Law360, March 13, 2012

· In a Control Engineering article, Robert Chesler discusses insurance policy options for food and beverage manufacturers who may require more protection under the U.S. Food Safety Modernization Act., Control Engineering, February 15, 2012

· Robert Chesler comments on how the new Food Safety and Modernization Act will increase the demand and cost for product recall insurance., Risk & Insurance, January 10, 2012

· In a Risk & Insurance article, Robert Chesler discusses changes in general liability insurance policies brought on by increased risks in the age of social media., Risk & Insurance, June 1, 2011

· Robert Chesler discusses lawyers' and law firms' need for cyber insurance policies, which provides coverage for intangibles such as identity theft and IP infringement--claims that general policies do not cover., Lawyers USA, July 21, 2010

· The article "Does a Subpoena Constitute a Claim for Purposes of D&O Insurance Coverage," written by Robert Chesler and Cindy Sonenblick, is highlighted., The D&O Diary, January 21, 2009

· Robert Chesler discusses the growth of cyber insurance, a new form of coverage for intangible Internet-based property loss., Lawyers USA, April 21, 2008

· Robert D. Chesler examines the Chubb Federal Insurance case against Skyy Spirits and its effect on business owners' perception on the value of liability coverage, NJBiz, June 27, 2005

Events

· September 13, 2012 The 10 Key Case Law Developments Every Insurance Law Practitioner Should Know

Affiliations

· Professor, State University of New York at Purchase (1978-1979)

· Chair, Intellectual Property Insurance Sub-Committee of the American Intellectual Property Law Association

· Legal Methods Instructor, Harvard University (1981)

· American Bar Association
- Environmental Insurance Subcommittee
- Litigation Section
- Torts Section
- Insurance Practice Section

· New Jersey State Bar Association
- Co-Chair, Environmental Insurance
- Committee of the Environmental Section

· Essex County Bar Association
- Former Co-Chair, Insurance Committee

Practice Areas: Insurance Coverage; Litigation; Privacy Law.Email: Robert D. Chesler

Marie T. DeFalco (Member) born 1956; admitted to bar, 1999, New Jersey and New York; 2000, Connecticut. Education: Cornell University (A.B., 1995) Phi Beta Kappa; Yale Law School (J.D., 1998) Case Notes Editor, Yale Law Journal, Editor-in-Chief, Yale Journal of Law & the Humanities.

Marie T. DeFalco is Vice Chair of the firm's Investment Management Group, which was selected as one of the preeminent practices in the United States for its representation of hedge funds and other private funds (2011 and 2010) and derivatives/private equity work (2011) by Best Law Firms, published by U.S. News and Best Lawyers.

Ms. DeFalco represents investment management clients throughout the United States and internationally. She specializes in structuring business transactions to maximize the achievement of clients' goals, from both a business and tax perspective, particularly transactions involving limited liability companies and partnerships. Ms. DeFalco assists clients with the formation and operation of hedge funds and private equity funds, in the organization of joint ventures, and in the negotiation of shareholder and limited liability company agreements. She chairs the Fund Formation and Private Offerings; Ongoing Fund Representation section of the Investment Management Practice Group. Ms. DeFalco holds an A.B. in Economics from Cornell University and a J.D. from Yale Law School. She is admitted to practice law in New York, New Jersey, and Connecticut.

Recent Speaking Engagements

· Panelist, "Re-evaluating the Operating Model and 3rd Party Relationships in 2012," RCA Regulation & Risk 2012 Thought Leadership Symposium, New York City, Marie T. DeFalco, Esq., April 16, 2012

· Speaker, "Legal and Regulatory Developments - What's New in 2012?," Obsorne Clarke Hedge Fund Client Seminar, London, England, Marie T. DeFalco, Esq., March 28, 2012

· Host and Panelist, "Compliance and Regulatory Update," IvyPlus Fund Business Development Forum, New York, City, Marie T. DeFalco, Esq., February 14, 2012

· Moderator, "Non-Correlated Alternative Investments," IvyPlus Trends in Family Offices Seminar, San Francisco, California, Marie T. DeFalco, Esq., September 14, 2011

· Moderator, "Regulatory Landscape: Now that we are all (mostly) registered, what happens next?" HFM US Operational Leaders Summit, Delamar Greenwich, CT, Marie T. DeFalco Esq., Peter D. Greene Esq., Elaine Hughes Esq., Matthew A. Magidson Esq., June 13, 2011

· "The Compliance and Regulatory Environment for Fund Managers," IvyPlus Fund Manager Business Development Conference, Lowenstein Sandler, Roseland, NJ. April 20, 2011

· Co-panelist, "Fund Raising in a Post-Registration Environment," The Private Equity International CFOs and COOs Forum, New York City, Marie T. DeFalco Esq., January 20-21 2011

· Moderator, "Buying (and Selling) Secondary Interests in Alternative Investment Funds: Legal Issues," Ivy Plus Trends in Family Offices Event Series, Palm Beach, FL, Marie T. DeFalco Esq., December 7, 2010

· Chair, "Hedge Fund Compliance Summit" Financial Research Associates, New York City, Marie T. DeFalco Esq., November 15-16, 2010

· "The Regulatory, Compliance and Tax Environment for Fund Managers - Webcast," Lowenstein Sandler/Thomson West Legal Webinar Series, Marie T. DeFalco Esq., September 28, 2010

· "Marketing and Advertising Activites - Emerging Issues and Opportunities," Regulatory and Compliance Association - US Centric Simulcast, Marie T. DeFalco Esq., July 28, 2010

· "The Compliance and Regulatory Environment for Fund Managers," IvyPlus Fund Manager Business Development Conference - Capital Raise and Compliance Agenda, Lowenstein Sandler, Roseland, NJ. Marie T. DeFalco, Esq., June 15, 2010

· "Panel: Fair Market Valuation - Implementing FAS 157 in 2009," WIN Investor Forum, Pfizer-Wyeth, Monmouth Junction, NJ, Marie T. DeFalco Esq., June 2, 2010

· "Panel: Legislative and Regulatory Update," Private Equity in a Changing Market, Eisner LLP, New York, NY, Marie T. DeFalco Esq., January 28, 2010

· "Deferred Compensation for Fund Managers Post 457A," Roundtable Event, Lowenstein Sandler, New York, NY, Marie T. DeFalco Esq., Andrew E. Graw Esq., and Karen W. Scheffler Esq., December 9, 2009

· "Alternative Asset Management - An Industry in Transition," Annual Asset Management Through Leadership Conference Hosted by RCA, Hilton Hotel, New York, NY, Marie T. DeFalco, Esq., November 5, 2009

· "Regulatory Compliance Association and the National Futures Association," Sheraton Hotel & Towers, New York, NY, Marie T. DeFalco, Esq., April 20, 2009

· "Herbert L. Jamison & Co. Conference on Partnership and Trust Agreements for Hedge Funds," Harvard Club, New York, NY, Marie T. DeFalco, Esq., March 19, 2009

· "Worst Approaches to People in Bad Markets", Credit Suisse Alternative Investment Managers CFO/COO Conference on the Rise of the Hedge Fund Investor, The Breakers, Palm Beach, FL, Marie T. DeFalco, Esq., March 1, 2009

· "The Valuation Process: Best Practices to Protect Your Fund," 7th Hedge Fund Auditing, Accounting & Administration Forum, Helmsley Hotel, New York, NY, Marie T. DeFalco, Esq., December 12, 2008

· Regulatory Outlook Panel, Hedge Fund and Private Equity Forum "2009 Investment Outlook," Eisner LLP, New York, NY, Marie T. DeFalco, Esq., December 8, 2008.

· "MarHedge's 3rd Annual Regulatory & Compliance Conference: Hedge Fund Best Practices at the Ritz-Carlton," Miami, FL, Marie T. DeFalco, Esq., December 2, 2008; Panel: "Valuation: The Prospective Climate in 2009." Presentation to Rothstein Kass auditors and tax professionals regarding private equity fund documentation, Westminster Hotel, Livingston, NJ, Marie T. DeFalco, Esq., November 3, 2008

· "The Hedge Fund Operational Risk and Compliance Summit," Delmar Hotel in Old Greenwich, CT, Marie T. DeFalco, Esq., June 25, 2008

· "IvyPlus: Hedge Fund Seeding and Emerging Managers," Lowenstein Sandler, New York, NY, Marie T. DeFalco, Esq., April 28, 2008

· "What I Know Now (That I Wish I Had Known Then) About Partnership," Practising Law Institute (PLI) seminar on Success Strategies for New Partners: Making Sense of Making Partner, PLI New York Center, New York, NY, Marie T. DeFalco, Esq., March 25, 2008

· "Hedge Fund Marketing and Sales: Practical, Business & Legal Concerns," WestLegal seminar on New Frontiers in Hedge Fund Due Diligence, Millennium Broadway Hotel, New York, NY, March 19, 2008

· "IvyPlus: Launching Your Hedge Fund / Private Equity Fund," Lowenstein Sandler, New York, NY, Marie T. DeFalco, Esq., December 4, 2007

· "MARHedge Conferences on Hedge Fund Best Practices: Operations and Regulatory Compliance," Institutional Investor, Ritz Carlton, Grand Caymans, Marie T. DeFalco, Esq., November 14- 16, 2007

· "Hedge Fund Due Diligence Conference: Legal Considerations," IncreMental Advantage, Harvard Club, New York, NY, Marie T. DeFalco, Esq., October 16, 2007

· "Current Issues and Trends: Fund Manager Compensation and Offshore Fee Deferrals," The Westin, Princeton, Marie T. DeFalco, Esq., September 18, 2007

· "Current Issues and Trends: Fund Manager Compensation and Offshore Fee Deferrals," The Delamar on Greenwich Harbor, Connecticut, Marie T. DeFalco, Esq., July 25, 2007

· "Partnerships, LLCs and LLPs: Organization and Operation," Choosing an Entity and Forming and Separating Partnerships and LLCs, Lorman Education Services, Best Western Fairfield Executive Inn, Marie T. DeFalco, Esq. and Brian A. Silikovitz, Esq., July 19, 2007

· "Current Issues and Trends: Fund Manager Compensation and Offshore Fee Deferrals," Affinia Manhattan, New York, NY, Marie T. DeFalco, Esq., July 12, 2007

· "3rd Annual Fund of Funds Business Operations Forum: How Do Fund of Funds Address Concerns about Side Pockets, Exotic Instruments and Marking?" Financial Research Associates, LLC, The New York Helmsley Hotel, New York, NY, Marie T. DeFalco, Esq., May 2, 2007

Publications

· Why Is it So Hard to Launch a Hedge Fund Today?
Financier Worldwide, August 2011
Marie DeFalco

· Dodd-Frank Act Rulemaking - SEC Issues Order Adjusting Dollar Amount Thresholds For Qualified Client Rule Under the Advisers Act
Investment Management Client Alert, July 19, 2011
Scott Moss, Marie DeFalco, David Goret, Cole Beaubouef

· FINRA Rule 5131: Spinning and Market Orders Provisions Delayed to September 26, 2011
Investment Management Client Alert, May 25, 2011
Marie DeFalco, Scott Moss, Douglas Cohen

· Investors Fight Back
International Financial Law Review, May 2011
Marie DeFalco, Scott Moss, Douglas Cohen

· FINRA Rule 5131: What Fund Managers and Broker-Dealers Should Think About Before May 27, 2011
Investment Management Client Alert, April 12, 2011
Marie DeFalco, Scott Moss, Douglas Cohen

· The Alternative Investment Fund Managers Directive: Impact on U.S. Fund Managers
Lowenstein Sandler PC and Osborne Clarke, February 2011
Marie DeFalco, Paul Anning, Helen Parsonage, Sasha Wagner

· The Dodd-Frank Act and Its Effect on Non-US Based Investment Advisers
Financier Worldwide, November 2010
Marie DeFalco

· Why The EU Must Come To Its Senses
peHUB, June 18, 2010
Marie DeFalco

· Comprehensive Financial Industry Regulatory Reform Moves Forward in the U.S. House of Representatives
Investment Management Client Alert, January 5, 2010
Marie DeFalco, Scott Moss, Cole Beaubouef, Edward Newlands

· IRS Extends FBAR Filing Deadline for Certain Taxpayers to June 30, 2010
Investment Management and Business Tax Counseling & Structuring Client Alert, August 10, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· IRS Extends Deadline for Filing Foreign Bank Account Reports For Certain Taxpayers to September 23, 2009
Investment Management Alert, June 25, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· Foreign Bank Account Reporting (FBAR) Requirements in Connection with Investments in Offshore Hedge Funds
Investment Management and Business Tax and Counseling Alert, June 18, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Brian Silikovitz, Isaac Hirsch

· Investment Management Client Alert: Year-End Compliance Issues
Investment Management Client Alert, January 2009
Marie DeFalco, Scott Moss

· SEC Issues Amendments To Emergency Orders
Investment Management Alert, September 2008
Marie DeFalco, Scott Moss, Peter Greene

· SEC Issues Emergency Orders Regarding Short Selling and Issuer Repurchases
Investment Management Alert, September 2008
Marie DeFalco, Peter Greene, Scott Moss

· IRS Rules on Deductibility of Management Fees Incurred by Fund of Funds
Investment Management Alert, July 2008
Kenneth Slutsky, Marie DeFalco, Brian Silikovitz, Richard Horne

· The AMT Patch - Provisions Affecting Fund Managers
Investment Management Alert, November 2007
Kenneth Slutsky, Marie DeFalco, Richard Horne

· Reminder: Modified Publication Requirements For New York Limited Liability Entities
The Metropolitan Corporate Counsel, January 2007
Peter Greene, Marie DeFalco, Scott Moss

· Ability Of Hedge Funds And Private Equity Funds To Attract Pension Investors Made Easier By The Pension Protection Act Of 2006
The Metropolitan Corporate Counsel, November 2006
Andrew Graw, Marie DeFalco

· Important Changes To Erisa's Plan Asset Rule For Hedge Funds And Private Equity Funds
Investment Management Alert, October 2006
Andrew Graw, Marie DeFalco

· Update On The Hedge Fund Registration Rule
The Metropolitan Corporate Counsel, September 2006
Marie DeFalco, Peter Greene

· Tax and Other Considerations for Determining Choice of Entity
in John R. MacKay II's New Jersey Corporations and Other Business Entities, 2005
Marie DeFalco, Brian Silikovitz

· Learning to Live in the Brave New World of Limited Liability Companies: Avoiding the Ten Greatest Pitfalls in Structuring a Limited Liability Company
New Jersey Institute for Continuing Legal Education's New Jersey Business Law Symposium, October 22, 2004
Peter Ehrenberg, Marie DeFalco, Brian Silikovitz

· LLCs as the New Corporate Order
New Jersey Lawyer, October 10, 2004
Peter Ehrenberg, Marie DeFalco, Brian Silikovitz

· SEC Adopts NASD Rule 2790 to Replace "Hot Issues" Rule
Investment Management Alert, December 2003
Marie DeFalco

· Tax Considerations for LLC Mergers
New Jersey CPA, Winter 2002/03
Marie DeFalco

· New Jersey's Business Tax Reform Act Makes Major Changes to the State's Taxation of Business Entities
Tax Alert, August 2002
John Berger, Marie DeFalco

Press Mentions

· Marie DeFalco comments on the effects and prospects of the Dodd-Frank Act., Private Equity Manager, August 8, 2011

· Marie DeFalco comments on the rationale behind soft lock-ups as a hedge fund liquidity tool, particularly the redemption penalties associated with the premature sales of portfolio assets., The Hedge Fund Law Report, November 19, 2010

· Marie DeFalco comments on the EU Directive., Financial Times, October 26, 2010

· In a recent Financier Worldwide article, Marie DeFalco comments on the importance of implementing an effective risk management program for investment funds., Financier Worldwide, February 8, 2010

· Marie DeFalco comments on New Jersey Appellate Court decision barring the use of external managers in connection with public pension schemes., Financial News Online, October 3, 2008

· Marie DeFalco comments on the New Jersey legislature's likelihood to amend relevant statutes to permit allocation of pension schemes to external investment managers., Financial News, October 3, 2008

· Marie DeFalco addresses SEC investigations into hedge fund side letters and regulatory concern over preferential investor treatment., Hedgefund.net, June 22, 2006

Events

· April 16, 2012
RCA Annual Regulation & Risk Thought Leadership Symposium

Clerkships

· New Jersey Supreme Court, Honorable Stewart G. Pollock

Affiliations

· Morris County Bar Association

· New Jersey State Bar Association

· Taxation Law Section

· New York State Bar Association

· Connecticut Bar Association

(Also at New York, New York Office). Practice Areas: Corporate; Corporate Finance & Securities; Investment Management.Email: Marie T. DeFalco

Michael Dore (Member) born 1950; admitted to bar, 1975, Pennsylvania; 1976, New York; 1980, New Jersey. Education: Amherst College (B.A., cum laude, 1972); Rutgers University School of Law - Newark (J.D., 1975) Editor, Rutgers Law Review, National Moot Court Team.

Michael Dore Argues before the New Jersey Supreme Court on Welfare Fund v. Merck & Co., March 19, 2007

Michael Dore has more than 25 years of experience representing corporate clients in complex toxic tort and environmental litigation and counseling. Mr. Dore is recognized in the 2006-2011 editions of Chambers USA: America's Leading Lawyers for Business which noted that, "clients agree that he is one of the most effective lawyers in New Jersey, and a nationally recognized expert." He was also listed in The Best Lawyers in America and acknowledged in the 2005-2012 editions of Super Lawyers in the Class Actions/Mass Torts section.

Mr. Dore is former counsel for BOC Group, Inc., a Fortune 500 company, where he was responsible for its environmental affairs. Throughout his career, he has worked particularly closely with clients in the chemical and pharmaceutical industries including Linde, Purdue Pharma, Bristol-Myers Squibb, Napp Technologies, Merck and many others.

He is author of the five volume, Law of Toxic Torts: Litigation, Defense, Insurance (Thomson Reuters/West 2011). This and his numerous law review articles have been cited by courts throughout the United States and relied on in the Federal Judicial Center's Reference Manual on Scientific Evidence.

Representative Litigation Experience

· In re Bristol-Myers-Squibb Environmental Claim, (Defend New Jersey Mass Tort Court personal injury and property damage claims brought by more than 150 neighbors of BMS' New Brunswick, New Jersey manufacturing facility)

· In re HRT Litigation, (Defend sanofi-aventis in New Jersey Mass Tort Hormone Replacement Therapy cases)

· In re Actonel Litigation, (Defend sanofi-aventis and Procter & Gamble in consolidated actonel litigation pending before Judge Higbee in Atlantic County)

· In re Vioxx Litigation, (Pharmaceutical Research & Manufacturers Association (PhRMA) counsel in appeal of decision certifying nationwide class of Vioxx purchasers under New Jersey Consumer Fraud Act)

· Devoe v. The P.F. Laboratories, Inc., et.al., (New Jersey counsel for class action and individual claims with respect to distribution of OxyContin)

· In Re Napp Technologies, (Lead counsel with respect to OSHA and civil claims arising out of Lodi, New Jersey multiple fatality chemical plant explosion)

· In Re Able Energy Explosion, (Counsel for Company President in connection with criminal, civil and regulatory matters arising out of 2003 Newton, New Jersey propane explosion)

· State v. Heterene Chemical Co. (Lead counsel in criminal and administrative proceedings with respect to alleged emissions resulting in the hospitalization of more than 50 Paterson, New Jersey middle school students)

· Rubanic v. Witco Corp., 125 N.J. 421 (1991) (Trial counsel in PCB injury claim which established New Jersey standard for admission of expert testimony in toxic tort litigation)

· Counsel for product and environmental insurance coverage claims of SmithKline Beecham, Hoechst Celanese Corp., Hoechst Marion Roussel, Crane Co., The BOC Group, and Georgia-Pacific Corporation

Publications

· The New Jersey Mass Tort Designation Process
New Jersey Lawyer, August 2011
Michael Dore

· The Use of Summary Jury Trials as a Technique for Resolving Mass Tort Claims
New Jersey Law Journal, November 22, 2010
Michael Dore

· When Process Safety Efforts Fail: The Risks to Corporate Executives
Power Engineering, September 2010
Michael Dore

· Nanotechnology: Evaluate the Product Liability Risks
New Jersey Law Journal, December 14, 2009
Michael Dore

· The Use of 'Science Days' and Other Expert Tutorials in Mass Tort Litigation
New Jersey Law Journal, December 15, 2008
Michael Dore

· Arbitrating Complex Litigation
New Jersey Law Journal, February 19, 2007
Michael Dore

· New Jersey's "Mass Tort Resource Book"
The Metropolitan Corporate Counsel, February 2007
Michael Dore

· Mass Tort Book Clarifies Procedure
New Jersey Law Journal, December 11, 2006
Michael Dore

· Consolidating the Crowd of Cases
New Jersey Law Journal, December 6, 2004
Michael Dore

· Reforming the New Jersey Supreme Court's Procedures for Consolidating Mass Tort Litigation: A Proposal for Disclosing the Rules of the Game
Rutgers Law Review, Volume 55, Number 2, Winter 2003
Michael Dore

· Reforming Mass Tort Coordination Procedures
New Jersey Law Journal, December 8, 2003
Michael Dore

· The Future of CCA Claims...and What Target Defendants Can Do About Them
Building Material Dealer, March 2002
Michael Dore

· Conducting Internal Corporate Investigations
New Jersey Law Journal, February 25, 2002
Michael Dore

· Dealing With Public Relations Concerns in Products Liability and Toxic Tort Litigation
New Jersey Lawyer the Magazine, February 2002
Michael Dore

· Protecting Individual Corporate Executives From Liability - Ten Cardinal Rules For Risk Managers
NJRIMSNews, Volume 4, Issue 1, Winter, February 2002
Michael Dore

· CCA - Claims Why They Will Be The Next 'Big' Toxic Tort And What Target Defendants Can Do About It
Mealey's Litigation Report, December 21, 2001
Michael Dore

· Be Ready to Respond to Critical Incidents
New Jersey Law Journal, September 3, 2001
Michael Dore

· You Too Could Be A "Responsible Corporate Officer"
Environmental Law Alert, July 2001
Michael Dore, Richard F. Ricci

· Ten Cardinal Rules for Protecting Individual Corporate Executives from Criminal or Civil Liability
ACCA Litigation Committee Newsletter, Vol.2 Issue 1, April 2001
Michael Dore

· Limiting the Designated Felon Rule: The Proper Role of the Responsible Corporate Officer Doctrine in the Criminal Enforcement of New Jersey's Environmental Laws
Rutgers Law Review, Volume 53, Number 1, Fall 2000
Michael Dore

· EPA Revises Audit Policy
Environmental Law Alert, June 2000
Michael Dore

· OSHA and Chemical Safety Board to Share Data Under Coordination Pact
Environmental Law Alert, January 1999
Michael Dore

· Passaic County Facilities Subject to New Law Permitting Residents to Conduct Inspections
Environmental Law Alert, January 1999
Michael Dore

· Recent U.S. Supreme Court Decision May Open Door to Challenging the Retroactive Application of CERCLA
Environmental Law Alert, January 1999
Michael Dore

· Customs-Manufacturing Agreements Used in the Chemical and Pharmaceutical Industries Raise Unique Regulatory, Operational and Health-and-Safety Concerns
The National Law Journal, August 1998
Michael Dore

· A New Actor in the Government's Response to Chemical Emergencies
New Jersey Law Journal, June 1998
Michael Dore

E-Sources

· New Jersey Environmental Law Handbook
Government Institutes, 7th Edition, September 2001
Norman Spindel, Michael Dore, Michael Lichtenstein, Richard F. Ricci, James Stewart

Press Mentions

· Michael Dore comments on how the outcome of the first Toyota bellwether trial will likely influence future trials., The National Law Journal, June 13, 2011

· Michael Dore profiled by the New Jersey Law Journal for his argument before the New Jersey Supreme Court in a class action case filed against Merck & Co., comments on the Consumer Fraud Act's possible impact on the case's outcome., The New Jersey Law Journal, March 23, 2007

Affiliations

· Adjunct Professor of Law, Rutgers University Law School (1984 - present)

· American Law Institute (Elected Member)

· Founding Chair, Defense Research Institute, Environmental Law Committee

Practice Areas: Appellate; Environmental Law & Litigation; Insurance Coverage; Life Sciences; Litigation; Products & Specialty Torts.Email: Michael Dore

Douglas S. Eakeley (Member) born 1946; admitted to bar, 1973, New York; 1979, New Jersey; U.S. Supreme Court; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Third Circuit; U.S. District Court, District of New Jersey; U.S. District Court, Southern District of New York; U.S. District Court, Eastern District of New York. Education: Yale University (B.A., summa cum laude, with highest honors in economics, 1968) Rhodes Scholar, Phi Beta Kappa (elected junior year); Oxford University (B.A., Jurisprudence, 1970); Oxford University (M.A., Jurisprudence, 1970); Yale Law School (J.D., 1972).

Douglas S. Eakeley is an experienced trial and appellate lawyer specializing in complex commercial litigation, including securities fraud, antitrust, consumer fraud, class actions, products liability and derivative litigation. He chairs the firm's Practice Group focusing on Class Action & Derivative Litigation and co-chairs the firm's Practice Groups focusing on Appellate and Antitrust & Trade Regulation.

A former Rhodes Scholar and graduate of Yale Law School, Mr. Eakeley served as First Assistant Attorney General of the State of New Jersey. In 1993, he was appointed by President Clinton to the Board of Directors of the Legal Services Corporation, which he chaired until April 2003. In 1997, he received the John Minor Wisdom Public Service and Professionalism Award from the Litigation Section of the American Bar Association.

The 2008-2012 editions of The Best Lawyers in America name Mr. Eakeley as a "bet-the-company" litigator for his work in "make or break" litigation, an honor shared by a small and elite segment of litigators nationwide. Mr. Eakeley has been recognized by Chambers USA: America's Leading Lawyers for Business every year since 2005. In 2011, Chambers praised Mr. Eakeley for his "tremendous advocacy" and his "accomplished, creative strategies that put the client first." In 2010, Chambers noted, "what impresses sources most is his work ethic: 'He works incredibly hard, and is extremely efficient.'" The 2009 edition touted Mr. Eakeley as "a leading practitioner" commended for his commitment and attentiveness to clients. In 2008, Chambers lauded his "flourishing appellate practice," and in 2007 cited his "deep knowledge of securities and class action litigation," which leads "many to refer to him as a true dean of the Bar." Chambers 2006 described him as "a recommended trial and appellate lawyer with a strong profile in complex commercial litigation . . .," adding, "clients speak of his 'calm demeanor, superior intellect and respect with the judiciary,' confirming that 'if you walk into court with him, he provides you with credibility.'" Mr. Eakeley has also been featured since 2005 in the annual editions of Super Lawyers, Business Litigation section.

Mr. Eakeley has successfully tried numerous matters in federal and state courts, argued many appeals in the federal and state appellate courts, and served as lead counsel in cases in which new law was established (in such areas as consumer fraud class actions, pharmaceutical products liability, antitrust and civil RICO). Mr. Eakeley has also represented various high-profile public officials, including the Chief Justice of the New Jersey Supreme Court (in a federal case charging violation of the First Amendment in the closing of a court house to the filming of the riot scene from the movie The Bonfire of the Vanities) and the Governor of the State of New Jersey (involving constitutional challenges to the New Jersey Fair Automobile Insurance Reform Act).

Examples of Recent Work

Johnson & Johnson Board of Directors Special Committee Investigation: Mr. Eakeley represented the Special Committee of the Johnson & Johnson Board of Directors, charged with investigating an array of claims presented in a number of shareholder demand letters and derivative complaints filed in the U.S. District Court for the District of New Jersey and the Superior Court of New Jersey. The claims involve allegations of off-label promotion of certain products, as well as alleged violations of the Federal False Claims Act, Anti-Kickback statute, FDA regulations and the Foreign Corrupt Practices Act. The investigation commenced in June 2010 and concluded in June 2011. On July 18, 2011, the ten independent directors of the Johnson & Johnson Board of Directors unanimously adopted the Special Committee's recommendations to reject the shareholder demands, seek dismissal of the derivative litigation and establish a new Regulatory and Compliance Committee of the Board of Directors.

KPMG LLP v. Cast Art Industries, LLC: Although he had not served as trial counsel, KPMG LLP retained Mr. Eakeley as its appellate counsel after a 22-day jury trial resulted in a verdict of $30 million against the accounting firm on claims of negligence and negligent misrepresentation. At issue (among others) are the construction and application of the New Jersey Accountant Liability Act, which legislatively overruled a New Jersey Supreme Court decision and reinstated the concept of privity between accountant and client, the appropriate standard of care to be applied in an action alleging accountant negligence and negligent misrepresentation, and the necessary causal link that must be established by a plaintiff between alleged accountant negligence and the claimed loss. In August 2010, the Appellate Division reversed and remanded for a new trial on damages, affirming the jury verdict on liability. The New Jersey Supreme Court granted KPMG's petition for certification in January 2011. On February 16, 2012, the Court, in a precedential unanimous opinion, reversed the Appellate Division and remanded the case to the trial court for dismissal.

Hersh v. Pien: Mr. Eakeley represented Bristol-Myers Squibb Company ("BMS") in litigation in the state and federal courts of New Jersey arising out of the acquisition of Medarex, Inc., by BMS for approximately $2.4 billion. The litigation sought to enjoin the proposed tender offer on the grounds, among others, that the directors of Medarex breached their fiduciary duties in agreeing to the acquisition and that BMS aided and abetted that breach. The matter has been settled.

In re Employee Benefit Insurance Brokerage Antitrust Litigation: Mr. Eakeley represents Prudential Financial, Inc., and Prudential Life Insurance Company of America as defendants in this federal multidistrict civil RICO and antitrust class action involving claims of bid-rigging, market allocation, and ERISA violations. The trial court's dismissal with prejudice of the second amended complaint for failure to state a claim was affirmed by the Third Circuit. Mr. Eakeley also successfully represented the officers and directors of Prudential in two derivative litigations arising out of the same subject matter.

Robertson v. Princeton University: Mr. Eakeley represented the defendants in this nationally prominent derivative litigation that raised a number of issues of first impression involving donor intent, academic freedom, and the fiduciary duties of directors of a "supporting" charitable corporation who are appointed by the "supported" charitable corporation. Alleging, among other things, fraud and breach of fiduciary duty, plaintiffs sought to sever the ties between Princeton University and the Robertson Foundation (a supporting organization dedicated to funding the graduate program of the Woodrow Wilson School of Public and International Affairs) and to surcharge the University an additional several hundred million dollars. On December 13, 2008, the case settled on terms extremely favorable to the University.

Merck Vioxx Litigation: Mr. Eakeley represented Merck & Co., Inc. in appeals from two final judgments rendered against the company after jury trials in New Jersey Superior Court involving claims of personal injury and/or economic loss with respect to the purchase or use of Vioxx. In a far-reaching decision, the Appellate Division held that the New Jersey Consumer Fraud Act was subsumed by the New Jersey Products Liability Act, and dismissed plaintiffs' consumer fraud claims and the award of approximately $4 million in attorneys' fees and costs. The court also held that the New Jersey punitive damages statute was preempted by federal law, reversing the award of $9 million in punitive damages.

Honors and Awards

· Judge Learned Hand Award, American Jewish Committee

· Thurgood Marshall College Fund Award of Excellence

· Defender of Justice Award, National Conference on Community & Justice, New Jersey Chapter

· Reynoso-Abascal Don Quixote Award, California Rural Legal Assistance

· John Minor Wisdom Public Service and Professionalism Award, American Bar Association Litigation Section

· Making Democracy Work Award, League of Women Voters of New Jersey

· National Housing Institute Outstanding Service Award

· First Legal Services of New Jersey/New Jersey State Bar Association Pro Bono Publico Award (to be known as the "Debevoise-Eakeley Award")

Publications

· Q&A With Lowenstein Sandler's Douglas Eakeley
Law360, December 10, 2009
Douglas Eakeley

· Judges Under Siege: Some Thoughtful Observations by a Veteran Practitioner
The Metropolitan Corporate Counsel, April 2008
Douglas Eakeley

· Class Action Alert
Class Action Alert, March 2005
Douglas Eakeley, Gavin Rooney

· High Court Repeals New Jersey's Bona Fide Office Rule and Creates Limited License for Corporate Counsel
The Metropolitan Corporate Counsel, December 2003
Douglas Eakeley

· The Successful Practitioner of Antitrust Law
The Art & Science of Antitrust Law, Aspatore Books, 2003
Douglas Eakeley

· Defense of Consumer Fraud Class Actions
New Jersey Institute for Continuing Legal Education, 2000 - 2002
Douglas Eakeley

· Recent Developments in Franchise Litigation
New Jersey Institute for Continuing Legal Education, 1998
Douglas Eakeley

· Role of the Legal Services Corporation in Preserving Our National Commitment to Equal Access to Justice
Annual Survey of American Law, New York University School of Law, 1997
Douglas Eakeley

· Common Ground
The Recorder Publishing Company (biweekly syndicated column), 1995 - 2001
Douglas Eakeley

· Keeping the Courthouse Door Open
Legal Times, December 26, 1994
Douglas Eakeley

· Defense of Private Treble-Damage Actions
Antitrust Adviser, Hills, ed., Shepard's/McGraw-Hill, 1985
Douglas Eakeley

· A Lawyer at a Price People Can Afford
New York State Bar Foundation, 1974
Douglas Eakeley

Affiliations

· Trustee, Practising Law Institute

· Vice Chair, New Jersey Institute for Social Justice

· Chair, Legal Services Corporation (1993 - 2003)

· Member, Pro Bono Task Force (2011-present)

· Trustee, Legal Services of New Jersey

· Chair (1982 - 1990)

· Chair, Editorial Board, New Jersey Law Journal (1986-1990)

· International Institute for Conflict Prevention & Resolution

· Member, Executive Advisory Committee

· Member, Committee on Early and High Quality Dispute Resolution

· American Bar Association

· Antitrust and Litigation Sections

· Council of Appellate Lawyers

· New Jersey State Bar Association

· Chair, New Jersey Network Foundation

· (2007 - 2010)

Practice Areas: Antitrust & Trade Regulation; Appellate; Class Action & Derivative Litigation; Life Sciences; Litigation; Securities Litigation.Email: Douglas S. Eakeley

Peter H. Ehrenberg (Member) born 1947; admitted to bar, 1973, New Jersey; 2008, New York; District of Columbia; 1973, U.S. Court of Appeals, Federal Circuit. Education: Trinity College (B.A., 1969) Phi Beta Kappa; Yale Law School (J.D., 1973) Editor, Yale Law Journal.

Peter H. Ehrenberg, Chair of the firm's Corporate Department and Corporate Finance Practice Groups, has extensive experience in securities, mergers and acquisitions and business law. Mr. Ehrenberg is listed among The Best Lawyers in America and Chambers USA: America's Leading Lawyers for Business in the corporate and mergers & acquisitions sections.

Mr. Ehrenberg is a transactional lawyer who represents issuers and investment firms in the private and public offering of debt and equity securities, and acquirers and sellers of businesses. He counsels public companies with regard to compliance and public reporting responsibilities, including duties under the Sarbanes-Oxley Act and other corporate governance reforms.

Mr. Ehrenberg also participates in complex merger and acquisition transactions, recapitalizations, employment benefit matters, including ESOPs and stock-related programs, secured and unsecured borrowings, and securities offerings.

Representative Matters:

· Represented The Colony Group, LLC and The Colony Group of Naples, LLC in their sale to Focus Financial Partners.

· Represented SNL Financial LC in its sale of a majority stake in the company to New Mountain Capital, LLC as part of a leveraged recapitalization.

· Represented Tower International in its 2010 $81 million initial public offering and its 2010 $430 million senior secured notes offering.

· Represented medical device manufacturer Vital Signs in its $860 million merger with GE Healthcare.

· Represented the stockholders of retailer Tourneau, Inc. in the $300 million sale of that company to Leonard Green & Partners.

· Represented issuers Dialogic, Bionx Implants and ITXC in pre-IPO equity financings, their initial public offerings, add-on acquisitions and ultimately their sales to Intel, Conmed and Teleglobe, respectively.

· Represented pharmaceutical distributor Bergen Brunswig Corporation in multiple acquisitions, equity offerings and debt financings prior to its sale to Amerisource.

· Represented bank holding companies Lakeland Bancorp and Center Bancorp in multiple public offerings and acquisitions.

· Represented retailer Syms Corp. in its acquisition of Filene's Basement.

· Represented software developer GetPaid Corporation in its sale to SunGard.

· Represented provider-sponsored managed care organization QualCare, Inc. in its acquisition of Alterra Group.

Publications

· Q&A With Lowenstein Sandler's Peter Ehrenberg
Law 360, January 28, 2010
Peter Ehrenberg

· Cervantes Meets Sarbanes-Oxley
Dow Jones Corporate Governance, August 16, 2006
Peter Ehrenberg

· Securities Laws in the Brave New World: Where IPO Meets Sarbanes-Oxley
Inside the Minds: Understanding the Laws Behind Securities Transactions: Leading Lawyers on the Securities Exchange Commission, Sarbanes-Oxley, and Strategies for Complying with Industry Regulations. Aspatore Books, July 2006
Peter Ehrenberg

· What to Tell the SEC: The Intricate World of Schedule 13E-3
The M&A Journal, Volume 5, Number 6, 2005
Peter Ehrenberg

· Corporate Governance Still Front And Center - And Corporate Counsel's Role Is Critical
The Metropolitan Corporate Counsel, May 2005
Peter Ehrenberg, Anthony Pergola

· SOX And Related Reforms: Where Are We?
The Metropolitan Corporate Counsel, January 2005
Peter Ehrenberg, Alan Wovsaniker, Shari A. Ness, Esq.

· Learning to Live in the Brave New World of Limited Liability Companies: Avoiding the Ten Greatest Pitfalls in Structuring a Limited Liability Company
New Jersey Institute for Continuing Legal Education's New Jersey Business Law Symposium, October 22, 2004
Peter Ehrenberg, Marie DeFalco, Brian Silikovitz

· LLCs as the New Corporate Order
New Jersey Lawyer, October 10, 2004
Peter Ehrenberg, Marie DeFalco, Brian Silikovitz

· Corporate Governance Self-Audits: Policing Yourself Before You Get Policed
The Metropolitan Corporate Counsel, September 2004
Peter Ehrenberg, Anthony Pergola

· SEC Adds Eight New Disclosure Items to Form 8-K, Expands Existing Disclosure Items and Shortens the Form 8-K Filing Deadline to Four Business Days
Corporate Finance Alert, March 2004
Peter Ehrenberg, Steven Skolnick

· Year-End Sarbanes-Oxley Score Card: The Effective Dates Keep Rolling In
The Metropolitan Corporate Counsel, January 2004
Peter Ehrenberg, Katherine Varker

· SEC Adopts New Disclosure Requirements Regarding Nominating Committees and Communications Between Shareholders and Boards of Directors
Corporate Finance Alert, December 9, 2003
Peter Ehrenberg, Mathew Hoffman

· SEC Approves NASDAQ's Corporate Governance Initiatives
Corporate Finance Alert, November 2003
Peter Ehrenberg, Jason I. Diener, Esq.

· Congress Makes Acquiring a Business More Difficult - The Impact of the Sarbanes-Oxley Act on Business Acquisitions
George Taber's Guide to Financing & Growing Your Business (NJBiz), Fall 2003
Peter Ehrenberg, Steven Skolnick, David Lazar

· Updated Sarbanes-Oxley Act Chart; Updated NASDAQ Requirements
Corporate Finance Alert, September 23, 2003
Peter Ehrenberg, Alan Wovsaniker, Steven Skolnick, Shari A. Ness, Esq.

· The New Dimension Of Corporate Governance Responsibilities After Sarbanes-Oxley
The Metropolitan Corporate Counsel, September 2003
Peter Ehrenberg

· SEC Defers Implementation of the Expensive and Time Consuming Section 404 Process and Revises Certification Requirements
The Metropolitan Corporate Counsel, September 2003
Peter Ehrenberg, Mark A. Dorfman, Esq.

· New NASDAQ and NYSE Rules Requiring Shareholder Approval of Equity Compensation Plans Approved by the SEC
Corporate Finance Alert, September 2003
Peter Ehrenberg, Andrew Graw, Jeffrey Shapiro

· SEC Adopts Final Rules and Amendments Relating to the Use of Non-GAAP Financial Measures
Corporate Finance Alert, April 7, 2003
Peter Ehrenberg, Mathew Hoffman

· The SEC Announces First Four Enforcement Actions Under Regulation FD
Corporate Finance Alert, December 23, 2002
Peter Ehrenberg

· Why Private Companies Should Not Ignore the Sarbanes-Oxley Act
Wall Street Lawyer, December 2002
Peter Ehrenberg

· Structuring the Transaction When the Tax Advisors Leave the Room?
New Jersey Lawyer the Magazine, December 2002
Peter Ehrenberg

· The SEC Proposes New Rules to Implement Sarbanes-Oxley Act Provisions Regarding Off-Balance Sheet Arrangements, Contractual Obligations and Contingent Liabilities and Commitments
Corporate Finance Alert, November 19, 2002
Peter Ehrenberg, Jeffrey Shapiro

· The SEC Proposes New Rules to Implement Sarbanes-Oxley Act Provisions Regarding Financial Expert Audit Committee Member, Codes of Ethics and Internal Controls Reports
Corporate Finance Alert, October 29, 2002
Peter Ehrenberg, Steven Skolnick

· The Unintended Victim: Ramifications Of The Sarbanes-Oxley Act For Private Companies
The Metropolitan Corporate Counsel, October 2002
Peter Ehrenberg

· Peter H. Ehrenberg: An Experienced Securities Lawyer Sheds Light On The New Corporate Governance Reform Statute
The Metropolitan Corporate Counsel, September 2002
Peter Ehrenberg

· SEC Implements Sarbanes-Oxley Act Provisions and Accelerates Filing Deadlines for Forms 10-K and 10-Q
Corporate Finance Alert, August 28, 2002
Peter Ehrenberg, Jeffrey Shapiro

· Sarbanes-Oxley Enacted - Will Effect Significant Changes in Corporate Governance and Reporting Obligations of Public Companies
Corporate Finance Alert, July 30, 2002
Peter Ehrenberg, John Hogoboom, Mathew Hoffman

· Initial Recommendations Regarding Compliance with the Sarbanes-Oxley Act of 2002
Corporate Finance Alert, August 5, 2002
Peter Ehrenberg

· NASDAQ Approves Corporate Governance Rule Proposals
Corporate Finance Alert, July 31, 2002
Peter Ehrenberg

· SEC Proposes Modifications to Reporting Obligations on Form 8-K and Proposes New Officer Certification Requirements
Corporate Finance Alert, July 2002
Peter Ehrenberg, Peter M. Suzuki, Esq.

· New SEC Proposals Affecting Filers of Exchange Act Forms
Corporate Finance Alert, May 2002
Peter Ehrenberg, Karen M. Sheehan, Esq.; Rohan K. Sukhdeo, Esq.

· SEC Requires Enhanced Equity Compensation Plan Disclosure
Corporate Finance Alert, January 2002
Peter Ehrenberg, Rohan K. Sukhdeo, Esq.

· NASDAQ Suspends Continued Listing Criteria in Wake of September 11 Attacks
Corporate Finance Alert, October 2001
Peter Ehrenberg, John Hogoboom, Karen M. Sheehan, Esq.

· SEC Issues Emergency Rules
Corporate Finance Alert, September 2001
Peter Ehrenberg, John Hogoboom

· Life Under Regulation FD: How Different Is It?
New Jersey State Bar Association Newsletter, Volume 24, Number 1, April 2001
Peter Ehrenberg

· Raising Capital For the Emerging Private Company: an Introduction to the Inherent Legal Risks and Opportunities of the Capital Raising Process
The Health Care e-Commerce Revolution: Legal, Financial & Regulatory Strategies, (published by the Practising Law Institute), March 2001
Peter Ehrenberg

· The Ins and Outs of "Acceleration Out" Clauses In Stock Option Plans: Who should be protected in the event of a sale of the business?
Alert, January 2001
Peter Ehrenberg

· The SEC's New Regulation FD Changes Corporate Communications
New Jersey Law Journal, December 11, 2000 John Hogoboom,
Peter Ehrenberg

· Rules Requiring Proxy Statement Disclosure Regarding Audit Committees Commence December 15, 2000
Corporate Finance Alert, December 2000
Peter Ehrenberg, Steven Skolnick, Michael W. Valente, Esq.

· When "Exit" is Not Spelled "IPO": Protecting Financial and Strategic Investors When A Privately-Held Portfolio Company Is Acquired
Advanced Forum on Business, Selling & Financing Internet Companies, Maximizing Profits in a Volatile Market Place, American Conference Institute, November 2000
Peter Ehrenberg

· To Speak or Not to Speak: Selective Disclosure and Regulation FD
New Jersey Lawyer the Magazine, June 2000
Peter Ehrenberg, Peter S. Friedman, Esq.

· Emerging M&A Issues for Emerging Companies
Alert, June 2000
Peter Ehrenberg

· SEC Adopts Long Awaited Final Rules Regarding Accounting Matters
Corporate Finance Alert, February 2000
Peter Ehrenberg, John Hogoboom, Steven Skolnick

· Click Here to Violate the Securities Act: Issuer Websites and Other Internet-Related Considerations for the Pre-IPO Company
The 3rd National Conference On Securities Trading on the Internet, American Conference Institute, January 2000
Peter Ehrenberg, Kristina R. Brown, Esq.

· The SEC Goes Out Like a Lion: New Proposed Rules Regarding Insider Trading and Selective Disclosure
Client Alert, January 2000
Peter Ehrenberg, Steven Hecht, Peter S. Friedman

· New SEC Rules: The SEC Giveth and the SEC Taketh Away
Corporate Finance Alert, May 1999
Peter Ehrenberg, John Hogoboom

Press Mentions

· Peter Ehrenberg and Andrew Graw highlighted for their representation of French software maker Cegedim in its $647 million purchase of Dendrite International., New Jersey Law Journal, January 14, 2008

· Peter H. Ehrenberg examines the effect of Sarbanes-Oxley compliance on small to mid-sized companies and the measures taken by the SEC to ease the burden, New Jersey Law Journal, May 16, 2005

Affiliations

· New Jersey State Bar Association

· American Bar Association

(Also at New York, New York Office). Practice Areas: Corporate; Corporate Finance & Securities; Mergers & Acquisitions; Private Equity & Mezzanine Financing.Email: Peter H. Ehrenberg

Michael S. Etkin (Member) born 1954; admitted to bar, 1979, New York; 1981, New Jersey; 1979, U.S. District Court, Southern District of New York; 1979, U.S. District Court, Eastern District of New York; 1980, U.S. Tax Court; 1980, U.S. Court of International Trade; 1981, U.S. District Court, District of New Jersey; 1993, U.S. District Court, Northern District of New York; 1997, U.S. Court of Appeals, Second Circuit; 2008, U.S. Court of Appeals, Sixth Circuit; 2008, U.S. District Court, Western District of New York; 2010, U.S. Court of Appeals, Seventh Circuit. Education: Boston University (B.S., cum laude, 1975); St. John's University School of Law (J.D., with honors, 1978).

Michael S. Etkin is a senior bankruptcy practitioner and commercial litigator with significant experience in complex business reorganizations and litigation as well as securities and ERISA class action litigation. Mr. Etkin graduated from Boston University, cum laude, in 1975, and received his law degree, with honors, from St. John's University in 1978. He is admitted to practice in the state and federal courts of New York and New Jersey. Mr. Etkin is listed in the 2011 edition of Chambers USA: America's Leading Lawyers for Business, which notes his "'constructive approach to adversarial matters' and skill in 'anticipating all the key issues that are likely to arise.'" In addition, he is also featured in the 2006-2012 editions of The Best Lawyers in America and the 2005-2011 issues of Super Lawyers in the Bankruptcy and Creditors' Rights section of the publication.

Mr. Etkin practices in Lowenstein Sandler's Bankruptcy, Financial Reorganization & Creditors' Rights and its Complex Business Litigation groups. Mr. Etkin's bankruptcy practice includes the representation of debtors, trustees, secured and unsecured creditors and investors in a variety of complex bankruptcies and bankruptcy related litigation. On the creditor/investor side, Mr. Etkin has had significant involvement in many of the largest and most complex Chapter 11 proceedings where he represented the interests of major creditors, bondholders and/or shareholders. Mr. Etkin is currently representing shareholder and investor interests in the SemGroup, Lehman Brothers, Washington Mutual, Advanta, Colonial BancGroup, Corus BancShares, Ambac Financial Group, Tronox and Point Blank Solutions Chapter 11 proceedings. He is a recognized national expert in the representation of defrauded investors and class action claimants in bankruptcy proceedings and has lectured on the rights of securities fraud claimants and class action plaintiffs in a Chapter 11 context. Mr. Etkin has also lectured on the interplay between bankruptcy law and product liability litigation.

Mr. Etkin also represents major energy companies in connection with bankruptcy proceedings involving their customers and counterparties. He has been invited to speak before financial institutions, bar association groups and credit associations regarding the rights of counterparties to derivatives in a bankruptcy context, including cutting edge issues emerging from the Lehman Brothers Chapter 11 and SIPC proceedings.

Mr. Etkin has represented both debtors and purchasers in acquisitions of assets of Chapter 11 and Chapter 7 bankruptcy estates. He has been retained as creditors' committee counsel in the Chapter 11 proceedings of retailers, telecommunications companies, and manufacturers and as special counsel on behalf of Chapter 7 and Chapter 11 trustees to prosecute fraud and similar claims. He has also been retained as debtors' counsel in the Chapter 11 proceedings of several industrial manufacturers and contractors, a major book publisher, a California shopping center, a software manufacturer, a converter, marketer and distributor of paper products and a discount retail store chain and has represented plan proponents in pre-packaged Chapter 11 proceedings.

Publications

· Where to Litigate: Litigation Forum Choices in a Bankruptcy Proceeding
New Jersey State Bar Association Seventh Annual Bankruptcy Bench-Bar Conference, April 1, 2005
Michael Etkin

· Automatic Stay Doctrine Applies to Certain Related Nondebtors
New Jersey Law Journal, February 5, 2001
Michael Etkin, Ira Levee

Press Mentions

· In Law 360, Michael S. Etkin is highlighted for representing George Darwin, the proposed lead plaintiff in a securities fraud class action against three executives of the bankrupt oil and gas company Delta Petroleum. On May 8, 2012, Mr. Etkin convinced the bankruptcy court after oral argument to deny Delta's motion to extend the bankruptcy automatic stay to shield the executives from the litigation., Law 360, May 8, 2012

· In Law 360, Michael Etkin and Ira Levee are highlighted as bankruptcy counsel for the proposed lead plaintiff in a putative securities fraud class action against three executives of the bankrupt oil and gas exploration company Delta Petroleum Corp., Law 360, May 7, 2012

· Michael S. Etkin comments on the $208.5 million settlement of the consolidated shareholder class-action lawsuit against former officers, directors, underwriters and auditors of Washington Mutual, Inc. alleging misrepresentations and failures to disclose relating to Washington Mutual's financial condition. Lowenstein Sandler is bankruptcy counsel to the lead institutional plaintiff and the class., Dow Jones Newswire and The Wall Street Journal, July 1, 2011

· Michael S. Etkin and Ira M. Levee are highlighted for representing the securities plaintiffs in Colonial BancGroup Inc.'s Chapter 11 proceedings., Law360, June 3, 2011

· Michael S. Etkin comments on Judge Mary Walrath's decision to reject confirmation of Washington Mutual Inc.'s Chapter 11 plan., Dow Jones Daily Bankruptcy Review, January 19, 2011

· Michael S. Etkin featured in an article describing his success in striking a deal for securities claimants in the WorldCom Chapter 11 litigation., New Jersey Law Journal, August 15, 2005

· Michael S. Etkin discusses the decrease of bankruptcy filings in 2005, Philadelphia Inquirer, June 2005

Affiliations

· American Bar Association

· New Jersey State Bar Association

· New York State Bar Association

· American Bankruptcy Institute

· International Energy Credit Association

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Michael S. Etkin

David W. Field (Member) born 1955; admitted to bar, 1984, New Jersey; 1984, U.S. District Court, District of New Jersey; 1990, U.S. Court of Appeals, Third Circuit; 2004, U.S. Supreme Court; pro hac vice admission throughout the Federal and State Courts of the United States. Education: Muhlenberg College (B.A., 1977); Seton Hall University School of Law (J.D., 1984).

David W. Field has extensive trial experience in complex tort and commercial litigation. He concentrates in product liability, toxic tort, insurance and employment litigation on behalf of insureds, manufacturers and employers. Mr. Field has been featured in Super Lawyers in the category of General Litigation and Personal Injury Litigation since 2006.

Mr. Field also handles environmental, general liability and workers' compensation insurance coverage matters. In product liability, mass tort and toxic tort cases, he represents a wide variety of employers, chemical and pharmaceutical companies as well as manufacturers and distributors of products in defense of personal injury, property damage and medical surveillance claims. Mr. Field represents clients in State and Federal Court and before administrative agencies throughout the United States. In employment law, he represents employers in litigation involving wrongful termination, discrimination and harassment claims. Mr. Field is listed among The Best Lawyers in America in the personal injury litigation section and was designated in 2006 as a Certified Civil Trial Attorney by the New Jersey Supreme Court which consists of less than three percent of New Jersey's trial attorneys.

Published Decisions

· In re Lead Paint Litigation, 191 N.J. 405 (2007)

· Fairway Dodge, LLC v. Decker Dodge, Inc., 191 N.J. 460 (2007)

· Verni v. Harry M. Stevens, Inc. of New Jersey, 387 N.J. Super. 160 (App. Div. 2006), certif. den., 189 N.J. 429 (2007)

· Kramer v. CIBA-GEIGY Corporation, 371 N.J. Super. 580 (App. Div. 2004)

· Interfaith Community Organization v. Honeywell International Inc., 263 F. Supp. 2d 796 (D.N.J. 2003), aff'd, 399 F. 3d 248 (3d Cir.), cert. den., 125 S.Ct. 2951 (2005)

· Interfaith Community Organization v. Honeywell International Inc. et al, 215 F. Supp. 2d 804 (D.N.J. 2002)

· Interfaith Community Organization v. Honeywell International Inc. et al, 188 F. Supp. 2d 486 (D.N.J. 2002)

· Goasdone v. American Cyanamid Corp. et al, 354 N.J. Super. 519 (Law Division 2002)

· Fantis Foods Inc. v. North River Insurance Company, 332 N.J. Super. 250 (App. Div.), certif. den., 165 N.J. 677 (2000)

· Island Realty v. Bibbo, 329 N.J. Super. 528 (App. Div.), certif. den., 165 N.J. 487 (2000)

· New Jersey Turnpike Authority v. PPG Industries, Inc. et al, 16 F. Supp. 2d 460 (D.N.J. 1998), aff'd, 197 F. 3d 96 (3d Cir. 1999)

· Container Manufacturing Inc. v. CIBA-GEIGY Corporation, 870 F. Supp. 1225 (D.N.J. 1994)

Affiliations

· Essex County Bar Association

· New Jersey State Bar Association
- Insurance Section
- Product Liability Section
- Toxic Tort Section
- Sports Law Section

· New Jersey District V-C Ethics Committee (2006-Present)

Practice Areas: Class Action & Derivative Litigation; Commercial & Business Litigation; Environmental Law & Litigation; Litigation; Products & Specialty Torts.Email: David W. Field

Steven B. Fuerst (Member) born 1945; admitted to bar, 1970, New Jersey. Education: Wharton School of Finance and Business (B.S., Economics, with honors, 1967); University of Pennsylvania School of Law (J.D., 1970).

Steven Fuerst has more than 30 years' experience representing closely held business organizations and their owners as general counsel and business adviser, and is particularly well-versed in mergers and acquisitions and business divorces. In addition, Mr. Fuerst previously served as Chair of the Firm's Real Estate practice group. He has extensive experience in real estate development, financing, leasing, conveyancing, foreclosure, receiverships and other related areas. He has represented businesses in diverse sectors, including manufacturing, pharmaceuticals, health care, environmental consulting, professional services firms, real estate, telecommunications, wholesale distribution and retail sales.

Mr. Fuerst is recognized in Super Lawyers (2012) and in 2009 received the Somerset County Bar Association's Professional Lawyer of the Year Award. This annual award is presented to an attorney who is committed the ideals of professionalism and is well recognized in the legal community for character and competence.

Speaking Engagements

· "Entrepreneurship Through Acquisition," Wharton Entrepreneural Program, University of Pennsylvania, November 29, 2010

· "Maximizing Your Effectiveness as a Testifying Valuation Expert in a Business Divorce Litigation," Steven Fuerst, Nicole Alabano and Robert Riley, AICPA National Business Valuation Conference, Washington, DC, November 7, 2010

· "Christopher Porrino and Steven Fuerst discuss 'Business Divorce'," Bloomberg Law Podcast, July 23, 2010.

· Co-presenter: "The Causes, Dynamics and Legal Framework of a Business Divorce," Essex County Chapter of the New Jersey Society of Public Accountants, East Hanover, NJ, November 13, 2009.

Representative Experience

· Represented long-time client LifeCell Corporation in its $1.7 billion sale to Kinetic Concepts, Inc. The all cash deal, structured as a front end tender offer with a back end merger, closed in 2008.

· Represented contract purchaser in dispute with owner and existing tenant in conjunction with purchase of U.S. headquarters of a multinational corporation.

· Represented majority owner of Investment Company in conjunction with redemption of minority interests.

· Represented a retail corporation in a shareholder dispute brought by minority shareholder that led to buy-out of plaintiff.

· Represented a corporation in the alternative energy business in conjunction with shareholder dispute.

· Represented the shareholder of a real estate corporation who, in conjunction with other shareholders composing majority ownership, were defendants in an oppressed shareholder action.

· Represented the principal owner of sports team in buy-out of minority owner.

· For one of New Jersey's largest telecommunications companies, obtained approval for a master site plan of more than two million square feet of office space customized for telecommunications uses. For the same client, handled the sale/lease back of a several million square foot office complex in conjunction with the sale of a major telecommunications business.

· Represented tenant in conjunction with the leasing and fit-up of a major telecommunications facility.

· Represented a minor league baseball team in the development and negotiation of a public-private partnership for the lease and construction of a baseball facility.

· Represent condominium developer on a major project for which we are providing counsel with respect to approvals, a dispute with the County Planning Board and complex transportation issues.

· Represented the Jersey City Medical Center on a ground lease and partial leaseback of a medical office building.

Publications

· Earn-Outs: Bridge the Gap, With Caution
BNA: Mergers and Acquisitions Law Report, June 2009
Steven Fuerst, Nicholas San Filippo

· Recent Court Decisions Limits Powers of Local Land Authorities
New Jersey Law Journal, April 20, 2009
Steven Fuerst

· Am I Handcuffed to My Business Partner?
Bloomberg Law Reports, March 23, 2009
Steven Fuerst, Nicholas San Filippo, Lloyd Jeglikowski

· New Law Effective August 1, 2006 Will Impose 1% Tax on Purchasers of Commercial Real Property Valued in Excess of $1,000,000
Real Estate Alert, July 8, 2006
Maureen Montague, Steven Fuerst

· 10 Mistakes to Avoid in Selling Your Business
CLOSELYheld, February 1999
Alan Wovsaniker, Steven Fuerst

Press Mentions

· Christopher S. Porrino and Steven Fuerst discuss the topic of "Small Business Divorce" in a Bloomberg Law Podcast., Bloomberg Law, July 23, 2010

· Steven B. Fuerst is highlighted for being named the Somerset County Bar Association's 2009 Professional Lawyer of the Year., Metropolitan Corporate Counsel, November 2, 2009

· Steven Fuerst comments on how current economic factors can contribute to problems between business partners and lead to business divorce., American Express Small Business Open Forum, October 7, 2009

Affiliations

· President, Somerset County Park Commission - led a complete revision of real estate and employment policies and procedures in 2007 and 2008 (2007-Present)

· Appointee, Supreme Court of New Jersey District Ethics Committee (2006-2010)

· President, Somerset County Coalition on Affordable Housing (1989-2000)

· Chair, Shared Services Committee, Somerset Alliance for the Future (1996 to 1998); Treasurer (1997-1998)

· President, Somerset County Bar Association (1983-1984)

· Former president and member of the Board of Trustees, Central New Jersey Jewish Home for the Aged

· Founding Board Member, Somerset County Special Olympics

· Major, USAR

· Assistant Deputy Public Defender of the State of New Jersey (1975-1977)

Practice Areas: Business Divorce; Corporate; Mergers & Acquisitions; Real Estate.Email: Steven B. Fuerst

Michael N. Gooen (Member) born 1965; admitted to bar, 1990, New Jersey; 1991, New York. Education: Harvard University (B.A., magna cum laude, 1987) Phi Beta Kappa; Stanford Law School (J.D., 1990) Moot Court Board, 1989.

Michael N. Gooen is a member of Lowenstein Sandler's Trusts and Estates Group and Business Tax Counseling & Structuring practice group. His practice focuses on income and transfer tax planning for businesses and individuals. Mr. Gooen has been named to Worth magazine's list of "Top 100 Attorneys," a list recognizing the nation's leading attorneys specializing in trust and estates, philanthropy, and other private practice areas. Mr. Gooen is a Fellow of the American College of Trust and Estate Counsel. He is also listed in Super Lawyers and The Best Lawyers in America (2009-2012).

Mr. Gooen's transactional practice encompasses the tax aspects of mergers and acquisitions, securities offerings, private financings, investment partnerships, and joint ventures. He has focused particularly on the United States tax consequences of cross-border transactions, including "outbound" investments by United States persons (corporate reorganizations, passive foreign investment company and controlled foreign corporation issues) and "inbound" investments by foreign persons (nexus, withholding and tax treaty issues).

Mr. Gooen's personal planning practice has included the following:

· Design and implementation of estate plan instruments
- Wills, revocable "living" trusts and irrevocable life insurance trusts

· Sophisticated gifting vehicles
- "Intentionally defective" grantor trusts
- Grantor retained annuity trusts
- Qualified personal residence trusts
- Charitable remainder and lead trusts

· Personal and business arrangements integral to family asset planning
- Family investment/management vehicles
- Shareholder/equityholder buy-sell agreements
- Charitable foundations

Publications

· The Third Time's The Charm - IRS Announces Third Opportunity For Voluntary Disclosure Of Offshore Accounts
Client Alert, January 10, 2012
Robert Kipnees, Michael Himmel, Michael Gooen, Richard Horne, Brian Silikovitz, Matthew Oliver

· Economic Substance Doctrine: IRS Guidance Is Welcome But Leaves Unanswered Questions
Business Tax Counseling & Structuring Alert, July 2011
Michael Gooen

· Business Tax Counseling & Structuring Alert - IRS Extends Filing Deadlines for Some FBARs
Business Tax Counseling & Structuring Alert, June 2011
Richard Horne, Michael Gooen, Brian Silikovitz, Kenneth Slutsky, Robert Kipnees

· Client Alert: New Opportunity for Disclosure of Offshore Accounts
Client Alert, February 11, 2011
Robert Kipnees, Michael Himmel, Matthew Oliver, Michael Gooen, Richard Horne

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Metropolitan Corporate Counsel, February 2011
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Business Tax Counseling & Structuring Alert, December 2010
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

· Federal Estate Tax Repeal: On the Verge of Reality
Trusts and Estates Client Alert, December 23, 2009
Michael Gooen

· Avoid Crummey Mistakes: Take Care in Structuring Trust Withdrawal Powers
New Jersey Law Journal, August 17, 2009
Michael Gooen

· IRS Extends FBAR Filing Deadline for Certain Taxpayers to June 30, 2010
Investment Management and Business Tax Counseling & Structuring Client Alert, August 10, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· New Jersey Enacts Substantial Tax Hikes
Business Tax Counseling & Structuring Alert, July 8, 2009
John Berger, Michael Gooen, Isaac Hirsch, Brian Silikovitz, Kenneth Slutsky

· IRS Extends Deadline for Filing Foreign Bank Account Reports For Certain Taxpayers to September 23, 2009
Investment Management Alert, June 25, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· Foreign Bank Account Reporting (FBAR) Requirements in Connection with Investments in Offshore Hedge Funds
Investment Management and Business Tax and Counseling Alert, June 18, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Brian Silikovitz, Isaac Hirsch

· Tax Increases in the President's Budget Plan
Business Tax Counseling & Structuring Update, March 2009
Richard Horne, John Berger, Michael Gooen, Brian Silikovitz, Kenneth Slutsky

· The American Recovery and Reinvestment Act of 2009: Key Business and Individual Tax Provisions
Business Tax Counseling & Structuring Alert, February 16, 2009
John Berger, Michael Gooen, Brian Silikovitz, Isaac Hirsch

· The Silver Lining: Falling Asset Values and Declining Interest Rates Can Create Gift and Estate Tax Windfalls
Trusts & Estates Client Alert, October 29, 2008
Michael Gooen, Michael Vito, Eric Weinstock

· New Law Curtails Common Deferral Practices of Offshore Funds
Business Tax Counseling & Structuring Alert, October 2008
Michael Gooen, Andrew Graw, Brian Silikovitz, Richard Horne

· GRATs: Make Sure To Sweat All The Small Stuff
New Jersey Law Journal, July 14, 2008
Michael Gooen, Eric Weinstock

· When the Best Advice is "Get Out"
New Jersey State Bar Association, Taxation Law Section, December 2006
Michael Gooen

· The Exemption Gap Doesn't Have To Make Planning a Gamble
New Jersey Law Journal, January 30, 2006
Michael Gooen, Eric Weinstock

· 2001 Federal Tax Changes Affect Gift Tax Return Filing Requirements For Generation-Skipping Transfer Tax Trusts
Tax Alert, February 2002
Michael Gooen

· New Tax Act Affects Estate and Retirement Planning
CLOSELYheld, August 2001
Michael Gooen, Andrew Graw, Michael Vito

· 2001 Federal Tax Changes Force Taxpayers to Reevaluate Their Estate Plans
Estate Planning Alert, June 2001
Michael Gooen, Michael Vito, John M. Tassillo, Jr., Esq.; Peter D. Crawford, Jr., Esq.

· New Jersey's New Partnership Act Highlights Business Planning Opportunity
CLOSELYheld, April 2001
Michael Gooen

· New Jersey Repeals S Corporation Income Tax
CLOSELYheld, April 2001
Michael Gooen

· Declining Interest Rates Can Mean Transfer Tax Savings
Estate Planning Alert, November 1998
Michael Gooen, John M. Tassillo, Jr., Esq.

· New Jersey Amends Limited Liability Company Act
Corporate Law Alert, August 1998
Michael Gooen

Press Mentions

· In a Reuters.com article, Michael Gooen comments on the newly enacted $5 million gift tax exclusion., Reuters.com, February 28, 2011

· Michael Gooen comments on how the estate tax gap in 2010 may change the meaning of your will., Bloomberg Business Week, April 15, 2010

· Michael Gooen comments on the use of GRATs and loans as effective estate planning techniques in trying financial times., Business Week, December 31, 2008

· Michael Gooen is highlighted for his selection to Worth magazine's 2008 list of "Top 100 Attorneys," which recognizes the nation's leading attorneys specializing in trusts and estates, philanthropy and other private practice areas., Randolph Recorder, December 10, 2008

· Michael Gooen is highlighted for his selection to the 2009 edition of Best Lawyers in America., Daily Record, October 2, 2008

Affiliations

· American Bar Association
- Taxation Section
- Real Property, Probate and Trust Section

· American College of Trust and Estate Counsel
- Fellow

· Jewish Community Foundation of MetroWest New Jersey
- Member, Board of Trustees and Executive Committee
- Chair, Grant Review Committee

· New Jersey Bar Association
- Co-editor, Tax Section Newsletter

Practice Areas: Business Tax Counseling & Structuring; Corporate; Investment Management; Trusts & Estates.Email: Michael N. Gooen

David L. Goret (Member) born 1963; admitted to bar, 1988, New York; 1998, New Jersey. Education: Duke University (B.A., magna cum laude, 1985); University of Michigan Law School (J.D., 1988).

David L. Goret is a Member of Lowenstein Sandler's Corporate Department and Investment Management Group, which was selected as one of the preeminent practices in the United States for its representation of hedge funds and other private funds (2011 and 2010) and derivatives/private equity work (2011) by Best Law Firms, published by U.S. News and Best Lawyers. He has more than 20 years of experience conceptualizing, implementing and administering a broad range of business relationships, commercial transactions and legal and compliance policies and procedures, including as the general counsel to publicly traded and privately held businesses. Mr. Goret was named in the 2011 edition of The Legal 500 in the category of Investment fund formation and management - Alternative/hedge funds.

Prior to joining Lowenstein Sandler, Mr. Goret served as General Counsel and Chief Compliance Officer of a U.S. and U.K.-based investment manager specializing in distressed debt investing, corporate credit and structured mortgage products with assets under management in excess of $10 billion.

Previously, Mr. Goret served as the General Counsel of Hawk Holdings, a holding company which financed and developed technology infrastructure and services companies (including Teoma Technologies, now part of IAC), Mercator Software, a NASDAQ-listed software company (acquired by Ascential Software, now part of IBM Corporation) and Icon CMT Corp., a NASDAQ-listed technology infrastructure and services company (acquired by Qwest Communications).

Mr. Goret has completed a large number of fund organizations, private placements, mergers, acquisitions, and other corporate finance transactions, with transaction values ranging from $10 million to in excess of $1 billion. His extensive experience enables him to provide practical and seasoned advice to a wide range of corporate, institutional and investor clients.

Speaking Engagements:

· Speaker, "Regulatory Updates and Compliance Hot Topics," ACA Spring Compliance Conference, April 25-27, 2012

· Moderator, "Chief Compliance Officer Roundtable," ACA Compliance Group/Lowenstein Sandler Roundtable, March 6, 2012

· Panelist, "Regulatory Updates and Compliance Hot Topics," ACA Compliance Fall Conference, September 12-13, 2011

· Panelist, "Surviving the New and Improved SEC Examination Program for 2011," ACA Compliance Group and ACA Insight Spring 2011 Compliance Conference, March 4, 2011

· Co-panelist, "Investment Adviser Registration, Regulatory and Compliance Issues Affecting the Private Equity Community," Lowenstein Sandler/ACA Compliance Group Webinar with Welsh, Carson, Anderson and Stowe, February 22, 2011

· Co-presenter, "Webinar on Regulatory, Compliance, Investment Advisor Registration and Tax Legislation Issues Affecting the Private Investment Community," Lowenstein Sandler/Rothstein Kass Webinar, February 10, 2011

· Speaker, ACA Compliance Group "Traditional Marketing by Investment Advisers-Webcast," Compliance Education Webinars, November 30, 2010

· Moderator, "Hedge Fund Compliance Summit - How Can the CCO Identify and Minimize Risk within a Fund," Financial Research Associates, November 15, 2010

· Co-presenter, "The Regulatory, Compliance and Tax Environment for Fund Managers - Webcast," Lowenstein Sandler/Thomson West Legal Webinar Series, September 28, 2010

· Co-panelist, "The Compliance and Regulatory Environment for Fund Managers," IvyPlus Fund Managers Business Development Conference - Capital Raise and Compliance Agenda, June 15, 2010

· Panelist, "Career Chat: Perspectives on the Hedge Fund Industry," New York Society of Security Analysts, June 7, 2010

Publications

· Dodd-Frank Act Rulemaking - SEC Issues Order Adjusting Dollar Amount Thresholds For Qualified Client Rule Under the Advisers Act
Investment Management Client Alert, July 19, 2011
Scott Moss, Marie DeFalco, David Goret, Cole Beaubouef

· Dodd-Frank Act Rulemaking - SEC Proposes Revisions to "Qualified Client" Rule Under the Advisers Act
Investment Management Client Alert, May 18, 2011
Scott Moss, David Goret, Cole Beaubouef

· Dodd-Frank Act Rulemaking - SEC and CFTC Release Proposed Rule Relating to Private Fund Systemic Reporting
Investment Management Client Alert, February 1, 2011
Scott Moss, David Goret, Cole Beaubouef

· Dodd-Frank Rulemaking: SEC Releases Proposed Rules Clarifying Certain Registration Exemptions and Planning for the Transition of Mid-Sized Investment Advisers
Investment Management Group, December 2010
David Goret, Scott Moss, Cole Beaubouef

· New California Law Requires Placement Agents and Some Investment Advisers to Register as Lobbyists
Investment Management Client Alert, December 16, 2010
Michael Long, David Goret, Scott Moss, Laura Michalak

· Dodd-Frank Act Rulemaking - SEC Releases Proposed Rules Relating to Oversight of Investment Advisers
Investment Management Client Alert, November 23, 2010
David Goret, Scott Moss, Cole Beaubouef

· SEC Redesigns Form ADV, Part 2: Expanded, Narrative-Style Disclosure Will Be Publicly Available on SEC Website
Investment Management Client Alert, August 6, 2010
Scott Moss, David Goret, Lloyd Jeglikowski

· SEC "Pay to Play" Rules Restrict Political Contributions by Investment Advisers
Investment Management Client Alert, July 22, 2010
Scott Moss, David Goret, Michael Long, Cole Beaubouef, Gal Davidovitch

· Dodd-Frank Bill Moves Toward Passage: Highlights of the Investment Adviser Registration Requirements, Accredited Investor Standard and the Volcker Rule
Investment Management Client Alert, July 14, 2010
David Goret, Scott Moss, Cole Beaubouef

· Using Compliance Training to Establish Compliance DNA - A Practical Approach
Bloomberg Corporate Counsel Report, July 2010
David Goret

· Comprehensive Financial Industry Regulatory Reform Moves Forward in the U.S. Senate
Investment Management Client Alert, May 25, 2010
David Goret, Scott Moss, Cole Beaubouef, Edward Newlands

· Avoid Playing Catch-Up As a CCO
Compliance Reporter, May 10, 2010
David Goret

Press Mentions

· Lowenstein Sandler's addition of David L. Goret as Member of the Firm's Investment Management Group is highlighted., National Law Journal, March 8, 2010

Practice Areas: Corporate; Investment Management; Mortgage Banking & Finance.Email: David L. Goret

Andrew E. Graw (Member) born 1958; admitted to bar, 1984, New York; 1999, New Jersey. Education: State University of New York at Oneonta (B.S., 1980); Pace University School of Law (J.D., 1983).

Andrew E. Graw heads the firm's Employee Benefits and Executive Compensation Practice Group. Mr. Graw has more than 25 years of experience in executive compensation, employee benefits and employment and labor law. Mr. Graw has been featured in Chambers USA: America's Leading Lawyers for Business since 2006 and in the 2005, 2006, 2008, 2009, 2010, 2011 and 2012 issues of Super Lawyers in the Employee Benefits/ERISA section of the publication. Additionally, Mr. Graw is listed in the 2008-2012 editions of The Best Lawyers in America.

Mr. Graw concentrates his practice in the development and administration of:

· ESOPs and other equity participation plans

· Deferred compensation arrangements

· Employment agreements

· Tax-qualified pension and profit sharing plans

· Welfare benefit plans

· Early retirement programs

He represents a wide variety of clients, from executives and medium-sized companies to Fortune 500 companies and multinational corporations.

Mr. Graw is a member of the firm's Closely Held Business, Employment Law and Investment Management Practice Groups, as well as the Tech Group.

His experience also includes:

· Counseling clients in connection with merger and acquisition transactions

· Representing clients before the Internal Revenue Service, Department of Labor, Pension Benefit Guaranty Corporation and the Equal Opportunity Employment Commission

· Counseling clients with respect to employment practices and policies, including independent contractor and discrimination issues

Previously, Mr. Graw headed the executive compensation and employee benefits departments of two nationally recognized law firms.

Publications

· New Form 5500 Requirements: What Investment Managers of ERISA Covered Benefit Plan Assets Need to Know
Employee Benefits and Investment Management Client Alert, June 1, 2010
Andrew Graw

· IRS Addresses Section 409A Document Corrections
Employee Benefits and Executive Compensation Alert, May 2010
Christine Osvald-Mruz, Andrew Graw

· The Health Reform Law - In a Nutshell
Employee Benefits and Executive Compensation Alert, May 2010
Andrew Graw, Christine Osvald-Mruz, Richard Plumpton

· COBRA Premium Subsidy Extended
Employee Benefits and Executive Compensation Client Alert, December 22, 2009
Andrew Graw, Richard Plumpton

· Stimulus Law Provides Temporary Help for Terminated Employees to Purchase COBRA Coverage: Swift Compliance Action Required by Employers
Employee Benefits & Executive Compensation Alert, February 24, 2009
Andrew Graw, Richard Plumpton

· New Law Curtails Common Deferral Practices of Offshore Funds
Business Tax Counseling & Structuring Alert, October 2008
Michael Gooen, Andrew Graw, Brian Silikovitz, Richard Horne

· New U.S. Supreme Court Decision Opens the Door to Lawsuits by Participants of 401(k) Plans
Employee Benefits Alert, February 2008
Andrew Graw, Richard Plumpton

· IRS Extends Full 409A Compliance Deadline
Employee Benefits Alert, October 2007
Andrew Graw

· Impact of the Pension Protection Act of 2006 on Tax-Qualified Plans and Other Entities
Employee Benefits Alert, December 2006
Andrew Graw

· Ability Of Hedge Funds And Private Equity Funds To Attract Pension Investors Made Easier By The Pension Protection Act Of 2006
The Metropolitan Corporate Counsel, November 2006
Andrew Graw, Marie DeFalco

· Important Changes To Erisa's Plan Asset Rule For Hedge Funds And Private Equity Funds
Investment Management Alert, October 2006
Andrew Graw, Marie DeFalco

· New Deferred Compensation Rules To Become Effective January 1, 2005
Employee Benefits Alert, December 2004
Andrew Graw, Mark E. Seidel, Esq.

· New Jersey Domestic Partnership Act: Impact On Employer-Sponsored Health Plans
The Metropolitan Corporate Counsel, July 2004
Andrew Graw, Mark E. Seidel, Esq.

· Final Regulations Require Changes To COBRA Notices and Procedures
Employee Benefits Alert, June 2004
Andrew Graw, Mark E. Seidel, Esq.

· The Domestic Partnership Act
Employment Law Alert, February 2004
Andrew Graw

· New NASDAQ and NYSE Rules Requiring Shareholder Approval of Equity Compensation Plans Approved by the SEC
Corporate Finance Alert, September 2003
Peter Ehrenberg, Andrew Graw, Jeffrey Shapiro

· Changes To COBRA Notice Requirements
Employee Benefits Alert, August 2003
Andrew Graw

· New Tax Act Affects Estate and Retirement Planning
CLOSELYheld, August 2001
Michael Gooen, Andrew Graw, Michael Vito

· The Economic Growth and Tax Relief Reconciliation Act of 2001
Employee Benefit Alert, August 2001
Andrew Graw, Adam B. Cantor, Esq.

· New Millennium Brings Opportunity to Increase Benefits for Highly Compensated Employees
Employee Benefits Alert, October 1999
Andrew Graw

· Employee and Benefit Considerations in The Merger and Acquisition Context
New Jersey Law Journal, 1999
Andrew Graw

· ESOPS Useful as a Buy-Out Tool
CLOSELYheld, February 1999
Andrew Graw

Press Mentions

· Andrew Graw comments on employees' rights regarding unvested stock options when they terminate employment other than "for cause.", CFO.com, July 1, 2010

· Lowenstein Sandler is highlighted for serving as primary legal advisor to ID Systems Inc. in its acquisition of Asset Intelligence LLC. The Lowenstein Sandler team consisted of Steven E. Siesser, Marissa L. Morelle, Kylie Cooper, Mark P. Kesslen, Lisa K. Schroeder, Andrew E. Graw and Richard J. Horne., Metropolitan Corporate Counsel, February 1, 2010

· Peter Ehrenberg and Andrew Graw highlighted for their representation of French software maker Cegedim in its $647 million purchase of Dendrite International., New Jersey Law Journal, January 14, 2008

Affiliations

· Member, the ESOP Association

· New York State Bar Association

· Member, the National Association of Stock Plan Professionals

Practice Areas: Corporate; Employee Benefits & Executive Compensation; Fiduciary Counseling & Litigation; Investment Management; Privacy Law.Email: Andrew E. Graw

William I. Greenbaum (Member) admitted to bar, 1977, New York; 1987, New Jersey. Education: Dartmouth College (A.B., magna cum laude, 1973) Phi Beta Kappa; Cornell University Law School (J.D., 1976).

William I. Greenbaum is a Member of the Firm, practicing in its Employment Practice Group. He has more than 25 years of experience in healthcare law and all aspects of employment and labor law relating to employment and severance agreements; policies; employee and labor relations; equal employment opportunity, affirmative action, safety and health, immigration, ERISA, security and workplace investigations and corporate compliance. Mr. Greenbaum's extensive experience also includes advising clients in the pharmaceutical industry and counseling clients on a proactive basis on potential employment issues.

Mr. Greenbaum practices employment and labor law with an emphasis on the practical resolution of difficult workplace problems. He brings to bear for his clients a philosophy of legal practice which recognizes that most employers would prefer to find a way to favorably resolve their employee related problems rather than spending vast resources in litigating over them. He has developed an intensive focus on best strategies for avoiding litigation and entanglement, and where such conflict is ongoing and unavoidable, how best to resolve the conflict with the least expenditure of time and resources.

Mr. Greenbaum regularly resolves matters on behalf of employers before the Equal Employment Opportunity Commission, the U.S. Department of Labor, the numerous state and local counterparts to these agencies and the many federal, state and local agencies that investigate and audit compliance with and enforce labor and employment laws. Mr. Greenbaum's experience before these agencies has allowed him to understand what leads to conflict resolution rather than escalation. He has developed tested strategies to successfully, practically and often creatively resolve matters before such agencies and with opposing counsel in a minimally painful or disruptive way, often crafting resolutions that are a "win-win" with the employer's objectives.

Prior to joining Lowenstein Sandler, Mr. Greenbaum was a partner in the New Jersey office of a regional law firm, where he headed the firm's Equal Employment Opportunity Committee and functioned as Counsel on internal employment issues. Previously, he was Assistant General Counsel, Employment Law, of Warner-Lambert Company (1984-2000), which was acquired by Pfizer Inc in June 2000. In that position, he assisted and directed the company, group and division executives, human resources managers and outside counsel in federal and state EEO, wrongful termination, unfair labor practices and ERISA court litigation. He also participated in and supervised workplace investigations relating to employee discrimination complaints, sexual harassment allegations and claims of financial impropriety and criminal wrongdoing involving employees; and conducted management seminars and training sessions on employment law issues.

Mr. Greenbaum has lectured and written extensively in the areas of labor and employment law, particularly on affirmative action compliance, sexual harassment investigations and workplace violence. He regularly provides training on all of these topics to employer audiences ranging from high level officers and boards of directors to entry level employees.

Publications

· Title VII Prohibition Against Discrimination Based on Sex Applies to Transgender Status
Employment Law Client Alert, April 2012
William Greenbaum, Cristina Baragona

· NYC Employers Beware: New York City Human Rights Law Bars Faragher-Ellerth Affirmative Defense to Harassment Claims Employment and Labor Client Alert, July 22, 2010
William Greenbaum

Press Mentions

· In an interview with Governor David Paterson on WOR 710 Radio, William Greenbaum discusses the legality of employers asking for access to potential employees' social networking accounts, including potential discrimination under the anti?discrimination laws and issues relating to concerted activity under the National Labor Relations Act., WOR 710 Radio, April 3, 2012

· In The Christian Science Monitor, William Greenbaum comments on the laws relating to employers' monitoring of employees' private social media postings., The Christian Science Monitor, March 23, 2012

· In a Law360 article, William Greenbaum comments on companies that require current or prospective employees to provide their social media passwords., Law360, March 22, 2012

· Lowenstein Sandler's addition of William Greenbaum as Member of the Firm in the Employment and Labor group, is highlighted., AM Law Daily, April 30, 2009

Languages: French. Practice Areas: Employee Benefits & Executive Compensation; Employment; Life Sciences; Litigation.Email: William I. Greenbaum

David B. Haber (Member) born 1971; admitted to bar, 1997, Arizona; 2001, California; 2006, New Jersey; 2006, Pennsylvania. Education: University of Arizona (B.A., 1993); University of Arizona College of Law (J.D., cum laude, 1997).

A member of the firm's Tech Group, David B. Haber focuses on mergers and acquisitions of venture and private equity-backed companies, private equity and venture capital transactions and angel investments. He has more than 13 years of experience as a tech company lawyer, half of which he spent in Silicon Valley during and after the burst of the dot-com bubble. Prior to joining Lowenstein Sandler in 2005, Mr. Haber practiced in the Silicon Valley office of Brobeck, Phleger & Harrison and upon the dissolution of that firm transferred with his practice group to the Silicon Valley office of Weil, Gotshal & Manges.

During his career, Mr. Haber has played a significant role in more than 125 corporate transactions with an aggregate value in excess of $12 billion, concentrating on transactions in the technology and life sciences sectors. He has represented numerous high profile clients including NYSE/Euronext, Applied Materials, Ask Jeeves, Broadcom, Synopsys, Bessemer Venture Partners, Charles River Ventures and Intel Capital. His experience extends to securities laws and also includes advising boards of directors and executive teams on fiduciary duty, disclosure and corporate governance matters.

For the last five years, Mr. Haber has also served as an Adjunct Associate Professor at Columbia University Business School, where he teaches a course on Venture Capital and Angel Investing to MBA candidates.

Press Mentions

· Lowenstein Sandler's announcement of new Members of the Firm, David B. Haber and John S. Stolz, is highlighted., NJBiz, February 2, 2009

· Lowenstein Sandler's announcement of new Members of the Firm, David B. Haber and John S. Stolz, is highlighted., Metropolitan Corporate Counsel, February 2009

Practice Areas: Corporate; Corporate Finance & Securities; Mergers & Acquisitions; Tech Transfer; The Tech Group; Venture Capital, Angel Investing, and M&A.Email: David B. Haber

Michael Hahn (Member) born 1974; admitted to bar, 2001, New Jersey; 2002, New York; 2001, U.S. District Court, District of New Jersey; 2002, U.S. District Court, Eastern District of New York; 2002, U.S. District Court, Southern District of New York; 2002, U.S. Court of Claims; 2006, U.S. District Court, District of Colorado; 2009, U.S. Court of Appeals, Third Circuit; 2011, U.S. Court of Appeals, Second Circuit. Education: Rutgers, The State University of New Jersey (B.A., magna cum laude, 1996) Undergraduate Fellow, Eagleton Institute of Politics; Georgetown University (M.P.P., 2000); Georgetown University Law Center (J.D., cum laude, 2001).

Michael Hahn is a Member of the firm's Litigation Department and a member of the Antitrust Practice Group. He currently serves as Co-Chair of the Antitrust Law Committee of the New Jersey State Bar Association. He also serves as a member of the Advisory Board for the ABA Antitrust Section's Business Torts & Civil RICO Committee and as a member of the 2010 Editorial Advisory Board for the publication, Competition Law360. As part of his antitrust practice, he represents clients in class action litigation, merger reviews and other actions involving all aspects of federal and state antitrust law. He regularly litigates in federal and state trial and appellate courts throughout the country, as well as in arbitrations before the American Arbitration Association and JAMS. Mr. Hahn also counsels clients on matters pertaining to mergers, price discrimination, monopolization, licensing arrangements and joint ventures. He has worked with a broad range of industries, including advertising, automobile, baby products, chemicals, financial research, hearing aids, insurance, paper, pharmaceuticals, private equity and transportation.

Additionally, Mr. Hahn handles other types of commercial litigation that has recently included securities, real estate and RICO actions. He has been involved in a number of high-profile lawsuits that have been widely reported in the Wall Street Journal, New York Times and other newspapers. Mr. Hahn has also earned recognition in Super Lawyers - Rising Stars in 2008-2012.

Mr. Hahn is a graduate of Georgetown University Law Center. During that time, he served on the Journal of Law and Policy in International Business and published several notes and book reviews. He also served as a law clerk in the White House Counsel's Office and in the Office of Secretary of Defense, Deputy General Counsel (Fiscal).

Mr. Hahn's representative matters include:

· Baby Product Antitrust Litigation (E.D. Pa.) -- Mr. Hahn represents a baby product manufacturer in an antitrust class action lawsuit where plaintiffs allege an unlawful conspiracy to implement resale price maintenance agreements.

· Banxcorp v. Bankrate, Inc. (D.N.J.) -- Mr. Hahn represents a prominent company in defending an antitrust lawsuit where plaintiff alleges that it monopolized the relevant market and conspired to fix prices with many of the world's most prominent on-line publishers.

· Doron Precision Systems, Inc. v. FAAC, Inc. (S.D.N.Y.) -- Mr. Hahn represented a manufacturer of computer-aided driving simulators in an antitrust lawsuit alleging that a contract it entered into with a public agency monopolized the bus-simulator market. Plaintiff also claimed that defendants entered into an unlawful conspiracy in violation of the Sherman Act and the Donnelly Act. The firm filed a motion to dismiss which was granted with prejudice.

· In re Mercedes-Benz Antitrust Litigation, (D.N.J.) -- Mr. Hahn was involved in representing an automobile dealership in a class action lawsuit where plaintiffs alleged a conspiracy to fix the price of new automobiles through the exchange of competitively sensitive business information.

Publications

· Untangling Diversity Jurisdiction: Supreme Court's Consideration of Hertz Corp. v. Friend
ABA Section of Antitrust Law Business Torts & RICO News, Fall 2009
Michael Hahn, Kristin Muir

· The Door Opens: New Options Available to Manufacturers to Exert Increased Influence and Control Over Resale Prices
Association of Corporate Counsel New Jersey (NJCCA) Chapter, August 2007
Michael Hahn

· QUALCOMM Settles Department Of Justice Charges On Its Acquisition Of Flarion
The Metropolitan Corporate Counsel, July 2006
Jeffrey Shapiro, Michael Hahn

· QUALCOMM Settles Department of Justice Charges that it Violated the HSR Waiting Period Requirement in Connection with its Acquisition of Flarion
M&A Alert, May 2006
Jeffrey Shapiro, Michael Hahn

· Derivative Actions
John R. MacKay II's New Jersey Corporations and Other Business Entities, 2005
Steven Hecht, Michael Hahn

· Watch Out Clearing Firms: Courts Might Demand Increased Oversight Over Introducing Broker-Dealers
Securities Litigation Alert, February 2002
Steven Hecht, Michael Hahn

· The Conflict in Kosovo: A Constitutional War?
89 Geo. L.J. 2351, 2001
Michael Hahn

· Subnational Sanctions and the Federal Model
32 Law & Pol'y Int'l. Bus, 2000
Michael Hahn

Press Mentions

· Michael Hahn is highlighted for being appointed co-chairman of the New Jersey State Bar Association's Antitrust Law Committee., Asbury Park Press, July 4, 2010

· Lowenstein Sandler's election of Michael Hahn, Jason Halper, Scott Moss, Ethan Skerry and S. Jason Teele as Members of the firm is highlighted., New Jersey Law Journal, January 4, 2010

· Michael Hahn is recognized for his appointment as Vice Chairman of the New Jersey State Bar Association's Antitrust Law Committee., Asbury Park Press, August 31, 2009

Practice Areas: Antitrust & Trade Regulation; Class Action & Derivative Litigation; Litigation.Email: Michael Hahn

Jason E. Halper (Member) born 1975; admitted to bar, 2001, New Jersey; 2002, New York; 2002, U.S. District Court, District of New Jersey; 2002, U.S. District Court, Southern District of New York; 2005, U.S. District Court, Eastern District of New York; 2005, U.S. Court of Appeals, Third Circuit. Education: Columbia University (B.A., 1997); Benjamin N. Cardozo School of Law (J.D., magna cum laude, 2001).

Jason Halper is a member of the firm's Class Action and Derivative Litigation Group. Mr. Halper has represented clients in various industries, including pharmaceutical, technology, consumer products, and money transfer companies. Mr. Halper has defended numerous class action consumer fraud and securities fraud cases, and has also litigated commercial contract disputes, breach of warranty cases involving business acquisitions, intellectual property license disputes, copyright and trademark infringement claims, commercial real estate disputes, shareholder derivative claims, corporate proxy contests, and other types of business litigation. Mr. Halper has also acted as local counsel in several Hatch-Waxman patent infringement cases.

Mr. Halper has trial and appellate experience in the federal and state courts of New York, New Jersey and other jurisdictions, and also has extensive experience in arbitration hearings before the American Arbitration Association and JAMS. Some of his recent representative matters include:

Successful Defense of Utility Solutions Provider Accused of Misappropriating Software

Successfully moved to dismiss a claim of unjust enrichment against a leading utility solutions provider and a company that provides technical outsourcing solutions to clients. The plaintiff, a shareholder of a South Carolina corporation, alleged that the defendants intentionally misappropriated certain automatic meter reading software that was supposedly owned by the corporation. The United States District Court for the District of South Carolina granted the defendants' motion to dismiss given that the plaintiff's sole claim against the defendants for unjust enrichment was preempted by federal copyright law. Patz v. Utility Software of America, Inc., et al., 10-CV-1149-JMC, 2012 WL 443929 (D.S.C. Feb. 13, 2012).

Successful Opposition to Class Certification Against Owner of Residential Apartment Complex

Successfully opposed a motion for class certification brought by a former tenant of a residential apartment complex. The tenant challenged a $350 "lease break fee" charged to her after she breached her lease and prematurely vacated her apartment. The tenant sought class certification on behalf of all tenants that paid the $350 fee. The Superior Court of New Jersey, Morris County, denied the tenant's motion for class certification and the parties eventually entered into a stipulation dismissing all of the tenant's claims.

Successful Defense of Broker-Dealer in FINRA Arbitration

Won a pre-hearing motion to dismiss various claims asserted against a broker-dealer due to lack of arbitration eligibility. The claimants had sought to recover their alleged investment losses based on their investment in certain Class B mutual funds. The motion to dismiss was granted without any discovery or in-person hearings.

Successful Defense of $25 Million Claim Against Bank Accused of Fraud and Civil Conspiracy

Successfully moved to dismiss fraud and civil conspiracy claims asserted against a commercial bank that provided a "jumbo" mortgage loan to the purchasers of the plaintiff's former marital house. The plaintiff's complaint sought $25 million in damages. After the motion was fully briefed and argued, the plaintiff entered into a stipulation in which he withdrew all of his claims against the bank with prejudice, agreed to a general release in favor of the bank, and agreed to pay the bank a nominal dollar amount as consideration for the stipulation. Castro v. Thompson, et al., Index No. 115393-09 (N.Y. Supreme Court).

Successful Defense of Nationwide Commercial Title Search Company

Won summary judgment in the Superior Court of New Jersey, Morris County, on behalf of a nationwide commercial title search company and its secured lender. The action involved claims by an unsecured creditor and minority shareholder of the company for fraud, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, and a claim under the New Jersey oppressed minority shareholder statute. The court granted the defendants' motion for summary judgment on all four claims in the complaint. Scott v. LandIt Technologies, Inc., MRS-L-2414-07.

Successful Defense of Value Added Reseller Accused of Breaching Non-Competition Agreement

Successfully defended a value added reseller of hardware and software products in a breach of contract action filed by way of an order to show cause in the Superior Court of New Jersey, Middlesex County. The plaintiff, a publicly-owned computer technology solutions company, filed two separate emergency applications for temporary restraining orders seeking to enjoin the defendants from selling software products or providing services to end-user customers. The court denied both TRO applications. The court ultimately entered an order dismissing all of the plaintiff's claims. Agilysys, Inc., et al. v. Browne, et al., MID-C-106-09.

Successful Defense of Mortgage Servicer Accused of Improper Foreclosure Practices

Won a motion to dismiss in the United States District Court for the District of New Jersey on behalf of a national mortgage servicing company. The case involved a putative class action accusing various defendants of charging and collecting allegedly improper and unauthorized fees in connection with the mortgage foreclosure process. All claims, including the plaintiff's claims for violation of the New Jersey Consumer Fraud Act and the New Jersey Fair Foreclosure Act, were dismissed on the papers before the court had to address the issue of class certification. Perkins v. Washington Mutual Bank, et al., 655 F. Supp. 2d 463 (D.N.J. 2009).

Trial Victory In New York Supreme Court

Won a non-jury trial in the New York Supreme Court, New York County, on behalf of a condominium owner in a dispute over an interpretation of a tenant's option to purchase. The tenant had brought suit seeking specific performance of a $1.7 million option to purchase, but the trial court ruled, among other things, that the tenant had failed to exercise the option in a timely manner. The judgment was unanimously affirmed by the Appellate Division, First Department. Kunze v. Arito, Inc., 851 N.Y.S.2d 182 (1st Dep't 2008).

Successful Declaratory Judgment Over Licensing Agreement

Won summary judgment in the United States District Court for the Southern District of New York on behalf a software developer in a dispute involving a licensee's untimely exercise of an option to extend a source code licensing agreement. The court granted summary judgment within two months of the filing of the complaint, without any discovery or expedited proceedings. FaceTime Communications, Inc. v. Reuters Ltd., 08-CV-4730 (CM), 2008 WL 2853389 (S.D.N.Y. July 22, 2008).

Successful Defense of National Mortgage Lender Against Predatory Lending Claims

Won a motion to dismiss on behalf a mortgage lender in the New York Supreme Court, Nassau County, in connection with a borrower's claims for predatory lending, fraud, and alleged violations of various federal statutes. The court granted the motion to dismiss on the papers. Sutherland v. Remax 2000, Index No. 22405-07, 2008 WL 3307201 (N.Y. Sup. Ct. Aug. 7, 2008).

Mr. Halper was named a "Rising Star" by Super Lawyers magazine in 2008-2011.

Press Mentions

· Lowenstein Sandler's election of Michael Hahn, Jason Halper, Scott Moss, Ethan Skerry and S. Jason Teele as Members of the firm is highlighted., New Jersey Law Journal, January 4, 2010

Practice Areas: Capital Markets Litigation; Class Action & Derivative Litigation; Corporate; Litigation; The Tech Group; Trademark Prosecution and Enforcement.Email: Jason E. Halper

David L. Harris (Member) born 1948; admitted to bar, 1979, New Jersey; 1979, New Jersey Supreme Court; 1979, U.S. District Court, District of New Jersey; 1979, Pennsylvania Supreme Court; 1982, U.S. Court of Appeals, Third Circuit; 1987, U.S. District Court, Eastern District of New York; 1987, U.S. Court of Appeals, Fourth Circuit; 1993, U.S. Court of Appeals, Sixth Circuit; 2001, U.S. District Court, Southern District of New York. Education: Pennsylvania State University (B.A., 1970) Lion's Paw, Skull and Bones, President, Student Government, Shenango Campus (1968); Pennsylvania State University (M.Ed., 1972); Rutgers University School of Law - Newark (J.D., 1979) National Appellate Moot Court Team (1978-1979), Chair, Moot Court Board (1978-1979), Best Oralist, Moot Court Competition (1978).

David L. Harris, a go-to trial attorney, has nearly three decades of trial, appellate and arbitration experience in several jurisdictions, emphasizing intellectual property, trade secrets, antitrust, and other complex business litigation. Concentrating on trying complex cases to juries, Mr. Harris was recognized as one of the top ten litigators in New Jersey by the National Law Journal (May 2000). Mr. Harris has been recognized by clients and peers in Chambers USA: America's Leading Lawyers for Business every year that the Chambers guide has evaluated practices important to the U.S. business community. Recommended in the areas of complex commercial and intellectual property litigation, he is the only New Jersey attorney featured as a leading attorney in two practice areas. Mr. Harris is also featured in The Best Lawyers in America and Super Lawyers in business litigation. He supervised the law firm's nationally recognized pro bono program involving major cases as well as all assigned cases and the Lowenstein Fellowship Program of loaning attorneys to Newark Legal Services Corporation.

Mr. Harris is the Past President of the Network of Trial Law Firms, of which Lowenstein Sandler is a member. He has taught Antitrust Law and Civil Trial Practice at Rutgers University Law School. He chaired the firm's Pro Bono Committee (1991-2001). He also chaired the Volunteer Lawyers for Justice of Essex County (1999-2001), and has received several awards for his pro bono work including the Fannie Bear Besser Award from the Rutgers University Alumni Association and the Equal Justice Medal from the Legal Services of New Jersey. Mr. Harris is a member of the Tech Group. Although he has been interviewed by the news media on a number of issues, it is noteworthy that he was featured in the August 31, 2003 edition of the New York Times.

Publications

· New Jersey Trade Secret Act Passes Assembly: What Companies Need to Know and Do
Litigation Client Alert, December 2011
David Harris, Richard Bodnar

· Profile in Liberty: David Harris
ACLU Civil Liberties Reporter, April 2008
David Harris

· Lowenstein Sandler PC: A Firm With A Multifaceted Approach To Diversity
The Metropolitan Corporate Counsel, March 2003
David Harris, Lynda Bennett

· Meet Legal Needs of Poor Through Organization, Not Mandatory Pro Bono
New Jersey Law Journal, February 5, 2001
David Harris

· Preparing Experts with Kumho in Mind
The Practical Litigator, November 2000
David Harris, LaTisha S. Gotell, Esq.

· Protecting Trade Secrets: Steps to Take When the Information is Firmly Lodged in Employees' Heads
New Jersey Lawyer, October 23, 2000
David Harris

· The Absolute Pollution Exclusion: Subterfuge, Confusion and Fair Resolution
ABA Monograph, March 1, 2000
David Harris

· First Fair Use Amendment Cases are 'Net-Related'
The National Law Journal, May 1998
David Harris, Peter Skolnik

· Determining Damages for Misappropriation of Trade Secrets
ABA Monograph, June 1996
David Harris

· Who's Suing Whom, The Proper Parties in Insurance Coverage Litigation
ABA Monograph, June 1993
David Harris

· Just Looked Around and They Were Gone; Retaining The Minority Lawyer
New Jersey Lawyer the Magazine, Nov/Dec 1992
David Harris

Press Mentions

· In a Rutgers release, David Harris is highlighted for being honored by Rutgers School of Law - Newark's Minority Student Program at their 43rd Anniversary dinner on April 14, 2011., Rutgers.com, April 7, 2011

· Lowenstein Sandler is highlighted for winning a significant patent infringement judgment for client Joyal Products, Inc. against the international motor manufacturing conglomerate Johnson Electric. The judgment reflected an award of treble damages and attorneys' fees based on willful infringement, as well as a permanent injunction and post-judgment royalties of 26% of gross revenues. David Harris and Stephen Buckingham led the Lowenstein team., IP Today, New Jersey Law Journal, Trial.com, March 2009

· David Harris and his team are highlighted for their work on the pro bono case brought on behalf of four organizational plaintiffs who allege that the state is unlawfully segregating special needs students from mainstream classrooms., New Jersey Law Journal, July 7, 2008

· David L. Harris examines New Jersey's litigation landscape in an article addressing the state's best practices for commercial litigation avoidance., New Jersey Business, December 2006

Affiliations

· American Bar Association
- Intellectual Property Committee
- Chair, Subcommittee Trade Secret Damages and Other Remedies

· International Institute of Conflict Prevention and Resolution (CPR) Panel of Distinguished Neutrals (2004-present); Member of the Diversity Committee (2005-present)

· American Civil Liberties Union

· New Jersey Board of Trustees
- President (1994-1999)
- Trustee (1990-2000)

· National Board of Directors (1992-1994)

· Commissioner, New Jersey Commission on Racism and Racial and Religious Violence (1990-1994)

· Rutgers University Law School President, Alumni Association (1988-1989)

· Editorial Board, New Jersey Law Journal (1992-1994)

· New Jersey State Bar Association

· Garden State Bar Association
- Board of Directors (1982-1987)

· National Bar Association

· Trial Lawyers of New Jersey

· Essex County Bar Association
- President's Advisory Council (1989-present)

Practice Areas: Antitrust & Trade Regulation; Class Action & Derivative Litigation; Commercial & Business Litigation; Employment; Intellectual Property Litigation; Litigation; Trademark Prosecution and Enforcement.Email: David L. Harris

Steven M. Hecht (Member) born 1967; admitted to bar, 1992, New Jersey; 1993, New York; 1992, U.S. District Court, District of New Jersey; 1993, U.S. District Court, Southern District of New York; 1993, U.S. District Court, Eastern District of New York; 2000, U.S. Court of Appeals, Second Circuit; 2006, U.S. Court of Appeals, Third Circuit; 2009, U.S. Supreme Court. Education: Haverford College (B.A., 1989) Phi Beta Kappa; Harvard Law School (J.D., cum laude, 1992).

Steven M. Hecht is a securities and complex commercial litigator. He has obtained successful jury verdicts in New York Federal court in securities and contract cases. In one such case, Mr. Hecht obtained a defense verdict after only 90 minutes of jury deliberation following the two-week trial of a Hong Kong broker-dealer defending against claims by its former president for breach of contract and constructive discharge, thus defeating a claim for over $10 million in lost wages, bonus and equity stake. In 2006, Mr. Hecht was named one of New Jersey's "40 Under 40" by New Jersey Law Journal for his career achievements and potential to be "among the leaders of the New Jersey bar." Additionally, Mr. Hecht was named to the 2010-2012 editions of Super Lawyers, and was previously selected as a Rising Star by that publication. Prior to joining Lowenstein Sandler, Mr. Hecht was an associate at the New York office of Cleary, Gottlieb, Steen & Hamilton from 1992 to 1997.

In focusing on the fiduciary duties that directors and officers owe to the company and its shareholders, Mr. Hecht has handled the successful resolution of approximately a dozen cases in just the past few years involving claims brought by shareholders challenging change-in-control transactions for lack of fair value and disclosure deficiencies in the company's proxy statements or tender offers, as well as litigation over proxy fights and consent solicitations. He authored the chapter on Derivative Actions in the leading treatise analyzing New Jersey corporations law.

Mr. Hecht also serves as an arbitrator for FINRA (having previously been an arbitrator for the NASD and the New York Stock Exchange), where he has also succeeded in bringing and defending broker-dealer and customer claims. In addition, he has defended individual and corporate clients in connection with dozens of subpoenas and investigations by the Securities and Exchange Commission, Commodity Futures Trading Commission and New Jersey Bureau of Securities.

In connection with his successes in defending mortgage lenders and master servicers against predatory lending claims and in bringing actions against correspondent mortgage brokers for repurchase and indemnification claims, Mr. Hecht is a member of the Firm's Global Financial Crisis Group. This past year Mr. Hecht has defeated two separate lender liability claims on a threshold motion to dismiss reflected in published decisions listed below.

Case Highlights

· Successfully defended Rule 10b-5 claims in securities class actions, including first-chair success in In re Emerson Radio Corp. Securities Litigation, where Judge Linares issued 41-page opinion dismissing action and accepting defendants' arguments that "confidential witness" and loss causation allegations were deficient

· Successfully dismissed stock option backdating claims against Westwood One; the New York Supreme Court's dismissal of the purported derivative action on August 3, 2007 also denied plaintiff's request for leave to replead and file a further amended complaint

· In defending claims for disgorgement of insider short-swing profits under Section 16(b), successfully defended investment advisors in several S.D.N.Y. actions; currently handling Second Circuit appeal concerning statutory exception for "debt previously contracted" and director-by-deputization exemption from liability

· Hercules v. ITXC Corp. (Virginia): conducted expert cross-examination and played leading role in defending jury trial of $120 million contract claim; succeeded in directed verdict motion at close of plaintiff's case

Recent Published Decisions

Successful Defense of Mortgage Servicer Accused of Improper Foreclosure Practices

Mr. Hecht successfully obtained immediate dismissal in New Jersey federal court of a purported class action accusing a national mortgage servicing company of charging and collecting allegedly improper and unauthorized fees in connection with the mortgage foreclosure process. All claims, which included claims for breach of contract, unfair and deceptive practices, and violation of the Fair Foreclosure Act and Consumer Fraud Act, were dismissed before the federal court ever reached the question of whether to certify the purported class. Perkins v. WaMu et al., 655 F. Supp.2d 463 (D.N.J. 2009).

Successful Defense of National Mortgage Lender Against Predatory Lending Claims

Mr. Hecht successfully obtained the dismissal at the pleading stage of a claim for predatory lending, fraud, violation of the Truth in Lending Act and RESPA brought by a borrower alleging that she was defrauded by receiving a floating-rate mortgage loan that carried a higher interest rate than the one she believed she had locked in. Sutherland v. REMAX 2000, Ask Realty Inc., & Wells Fargo Bank, 872 N.Y.S. 2d 693 (N.Y. Sup Ct. 2008).

Successful Declaratory Judgment Over Licensing Agreement

Mr. Hecht successfully obtained summary judgment within two months of filing the complaint -- without any discovery or expedited proceedings -- granting declaratory judgment against Reuters Limited for failing to timely exercise a contractual option to renew its license under a source code agreement with its IM vendor. FaceTime Communications, Inc. v. Reuters Limited, 2008 WL 2853389 (SDNY July 22, 2008) (McMahon, J.).

Successful Defense of Selling Stockholder in Sale of Controlling Interest

Mr. Hecht successfully defended the sale of a majority block of stock by Sport Supply Group's former controlling stockholder to Collegiate Pacific, one of Sport Supply's competitors. In a landmark decision of the Delaware Chancery Court, reported at Abraham v. Emerson Radio Corp., 901 A.2d 751 (Del. Ch. 2006), Vice Chancellor Strine granted Mr. Hecht's motion to dismiss a claim by minority shareholders that the majority shareholder owed fiduciary duties to them not to sell its control bloc of shares to a competitor that allegedly looted the company's assets after the sale.

Successful Emergency Motion To Second Circuit Court of Appeals In Proxy Fight

Mr. Hecht represented a hedge fund attempting to oust the existing board of a public company and replace it with its own nominees. In a major ruling concerning shareholder rights and the preservation of votes obtained in a consent solicitation, reported at 466 F.3d 257 (2d Cir. 2006), the Second Circuit Court of Appeals, in a panel led by Chief Judge Walker, granted Mr. Hecht's emergency motion to allow same-day delivery of shareholder consents that were otherwise subject to expiration under Delaware law.

Dismissal of Federal Securities Class Action Against Emerson Radio Corp.

Mr. Hecht succeeded in obtaining the dismissal of a securities class action lawsuit against Emerson Radio Corp. in New Jersey federal court. By its December 19, 2005 order, the Court dismissed all claims under Rule 10b-5; Section 20(a) for control person liability; and Section 20A for insider trading. In dismissing the complaint the Court made several critical rulings about "confidential witness" allegations, the group-pleading doctrine and insider trading in its 41-page opinion.

Successful Defense of Broker-Dealer in Federal Jury Trial

Mr. Hecht obtained a jury verdict in the successful defense of a Hong Kong broker-dealer against claims by its former President for breach of contract and constructive discharge. The former President claimed over $10 million for lost wages, bonus and his equity stake in the company. All claims were denied by the jury following a two-week trial in the U.S. District Court for the Southern District of New York before Judge Motley. See Dagen v. CFC Group Holdings Ltd., et al., 2004 U.S. Dist. LEXIS 6582 (April 13, 2004) (denying plaintiff's motion for judgment as matter of law, new trial, or relief from judgment); 2004 U.S. Dist. LEXIS 6839 (April 21, 2004) (granting in part, denying in part defendants' motion for taxable costs). Mr. Hecht also obtained several favorable pretrial rulings in the case concerning telephonic testimony by foreign witnesses at trial -- see 2003 U.S. Dist. LEXIS 20029 (November 7, 2003) -- and requiring the plaintiff to take the deposition of the principal defendant in Hong Kong as opposed to New York. See 2003 U.S. Dist. LEXIS 13859 (August 7, 2003). Mr. Hecht also secured the dismissal of the plaintiff's appeal from this verdict by the Second Circuit Court of Appeals on June 12, 2007.

Successful Defense of Judgment Debtor Following Four-Week Trial

Mr. Hecht obtained a successful defense verdict following a four-week bench trial that challenged a transaction under the Uniform Fraudulent Transfer Act. The ruling, rendered on October 25, 2005, followed the New Jersey Supreme Court's prior determination that the trial was needed to decide whether the defendants perpetrated a fraud and "suburban shell game" by apparently transferring an interest in their residence. See SASCO 1997 NI, LLC v. Zudkewich, et al., 166 N.J. 579 (2001). The plaintiff creditor sought several million dollars in damages at trial but was not awarded any sums upon the court's dismissal of all claims. The Supreme Court's 2001 opinion commanded special attention in the commercial lending industry for its wide-ranging impact upon the time period by which creditors must investigate potential claims against delinquent debtors, and this ruling thus brought closure to seven years of complex high-impact litigation. Mr. Hecht also secured the Appellate Division's affirmance of the trial court's ruling, see 2007 WL 1827257 (App. Div. June 27, 2007), and the Supreme Court's denial of certification; certif. denied, 192 N.J. 599, 934 A.2d 641 (October 31, 2007).

Other Successful Securities Cases

· Mr. Hecht successfully represented a large group of investors bringing claims against a communications network company under Section 10(b) of the Exchange Act and Rule 10b-5 in the Southern District of New York. His successful argument in that case is reported at Liberty Ridge LLC, et al. v. RealTech Systems Corp., et al., 173 F. Supp. 2d 129 (S.D.N.Y. 2001).

· His successful defense before the Second Circuit Court of Appeals of a jury verdict he obtained in an oral contract case before the Eastern District of New York is reported at Marbelite Co. v. National Sign & Signal Co., 2 Fed. Appx. 118 (January 22, 2001).

· He played a significant role in the Cendant Corporation Securities Litigation on behalf of Ernst & Young LLP, one of the largest securities fraud cases ever brought in the District of New Jersey.

· He has represented numerous public companies, including Emerson Radio, Tonka, ITXC Corp., Barringer Technologies, and Marisa Christina, in connection with a variety of commercial and class action lawsuits, and he has handled derivative action and shareholder rights litigation. He was involved in the First Interstate/Wells Fargo acquisition, on behalf of white knight First Bank, in the then-largest bank takeover case in history.

Publications

· Gift Card Legislation Is No Gift to Retailers
New Jersey Law Journal, April 16, 2012
Steven Hecht, Richard Bodnar

· Securities Litigation Today: Striking the Right Balance
The Metropolitan Corporate Counsel, January 2008
Steven Hecht, Lawrence Rolnick

· 40 Under 40
New Jersey Law Journal, July 24, 2006
Steven Hecht

· Governance Lawyers Just Keep On Coming
Compliance Week, June 27, 2006
Steven Hecht

· Finders, weepers: GP's should keep unregistered broker dealers away from deals
Private Equity Real Manager, May 2006
Ed Zimmerman, Steven Hecht, Scott Ring, Esq. (Bessemer Venture Partners)

· The Price of Silence
The Deal, March 30, 2006
Steven Hecht, Anthony Pergola

· Derivative Actions
John R. MacKay II's New Jersey Corporations and Other Business Entities, 2005
Steven Hecht, Michael Hahn

· Q & A: B/D Registration for Finder
Compliance Reporter, December 13, 2004
Steven Hecht

· UCC §1-207's Modernization of Accord and Satisfaction Law
New York Law Journal, June 14, 2004
Steven Hecht

· Federal Appellate Court Dramatically Expands Application Of Securities Laws to Unspecified Stock Transactions
Securities Law Alert, April 2004
Steven Hecht

· Are Finders Also Broker-Dealers?
The National Law Journal, March 8, 2004
Steven Hecht, Ed Zimmerman, Jason I. Diener, Esq. (LS-Alumni)

· Watch Out Clearing Firms: Courts Might Demand Increased Oversight Over Introducing Broker-Dealers
Securities Litigation Alert, February 2002
Steven Hecht, Michael Hahn

· SEC Casts Wider Net With New Insider Trading Rules
Corporate Finance Alert, December 2000
Steven Hecht

· The SEC Goes Out Like a Lion: New Proposed Rules Regarding Insider Trading and Selective Disclosure
Client Alert, January 2000Peter Ehrenberg,
Steven Hecht, Peter S. Friedman

· Online Brokers Beware: Traditional Risks Threaten The New Era of Electronic Trading
Securities Litigation Alert, April 1999
Lawrence Rolnick, Steven Hecht

· Cross-border Application of the Lanham Act Causing Confusion in Trademark Law
New Jersey Law Journal, July 1998
Peter Skolnik, Steven Hecht

· Ruling Curbs Lanham Act's Cross-Border Reach
The National Law Journal, May 1998
Peter Skolnik, Steven Hecht

Press Mentions

· In an article about a New York lawsuit over amending an agreement to correct a mutual mistake , Steven Hecht comments on the difficulty of enforcing such contemplated amendments where a third party acquires the contract before it is reformed., The Distressed Debt Report, November 9, 2010

· In an article about the substantial increase in class-action securities lawsuits in 2008, accompanied by the significant drop-off of Rule 10b-5 fraud claims in particular, Steven Hecht comments on the impact that the Supreme Court's Tellabs and Stoneridge rulings may have had on such fraud claims and whether the other securities claims will even make it past the pleading stage., Compliance Week, January 20, 2009

· Steven M. Hecht examines suit brought by NASD against Morgan Stanley arising from the brokerage house's alleged failure to produce e-mails in response to investor complaints., Reuters, January 30, 2007

· Steven M. Hecht comments on Hewlett-Packard's decision to include a shareholder resolution in its proxy statement after the SEC declined to issue a requested no-action letter concerning the proxy-access rules., Compliance Week, January 30, 2007

· Steven M. Hecht mentioned for his representation of Aurora Loan Services Inc. in a lawsuit against D&M Financial Corp., alleging misrepresentation by mortgage borrowers that resulted in successful award of summary judgment., The Daily Deal, October 26, 2006

· Steven M. Hecht quoted in an article that discusses the growing demand of corporate attorney retention in the wake of Sarbanes-Oxley since its inception four years ago., Compliance Week, June 27, 2006

· Steven M. Hecht quoted in an article that examines recent trends in shareholder class action suit settlements, which illustrate the growing power shareholders have gained in recent years., Compliance Week, November 8, 2005

· Steven M. Hecht examines the aftermath of Hurricane Katrina and its impact on corporate earnings. , Compliance Week, September 27, 2005

· Steven M. Hecht examines lessons learned from the decisions reached in the Walt Disney, Fairchild, and Abercrombie & Fitch executive compensation lawsuits., Compliance Week, August 16, 2005

· Steven M. Hecht comments on the impact of video rental chain Blockbuster's unusual request to its shareholders, which instructed them to split their proxies and vote members of its slate and the opposition., Compliance Week, May 24, 2005

· Steven M. Hecht discusses recent governance changes resulting from shareholder litigation surrounding energy company Dynegy and the Huntington Bancshares bank., Compliance Week, May 3, 2005

· Steven M. Hecht quoted in an article that examines recent shareholder trends in the war on alleged "excessive" executive compensation., Compliance Week, April 19, 2005

· Steven M. Hecht discusses the recent Federal ruling on the American Federation of State, County and Municipal Employees' bid to nominate directors to company boards., Compliance Week, March 29, 2005

· Steven M. Hecht is quoted in an article that examines the merit of broker-dealer compliance officers monitoring sales staff, The Compliance Reporter, February 2005

· Steven M. Hecht is quoted in an article regarding calls for the SEC to make it easier for smaller companies to raise capital., CFO Magazine, February 2005

· Steven M. Hecht discusses a Federal Court ruling which restricts lawsuits being brought to case where the statute of limitations expired prior to the enactment of the Sarbanes-Oxley Act., Compliance Week, December 14, 2004

· Steven M. Hecht comments on a proposed New Jersey federal rule change which would foster dispensability of oral arguments in civil cases., New Jersey Law Journal, November 29, 2004

· Steven M. Hecht discusses the recent lawsuit brought by The Retirement Systems of Alabama against Bear Stearns alleging a misleading 2001 purchase of bonds for Intermedia Communications., Compliance Reporter, November 12, 2004

· Steven M. Hecht comments on litigation involving Gateway Funding Diversified Mortgage Services and its top executives' alleged violation of anti-racketeering and other federal and state laws., The Bergen Record, August 25, 2004

· Steven M. Hecht examines a recent announcement disclosed by AmeriCredit regarding the SEC investigation into five of ifs non-management employees for insider-trading., Compliance Week, October 7, 2003

Affiliations

· FINRA (formerly NASD and NYSE Regulation)
- Member, Board of Arbitrators

· Society of Corporate Secretaries & Governance Professionals

· Association of the Federal Bar of New Jersey

· Hosted several of IQPC's panel discussions on Securities Litigation Trends and Hot Topics presented by the Chief Judge of US District Court for District of New Jersey and two other District Judges

(Also at New York, N.Y. Office). Practice Areas: Capital Markets Litigation; Class Action & Derivative Litigation; Commercial & Business Litigation; Litigation; Mortgage Banking & Finance; Securities Litigation.Email: Steven M. Hecht

Mary J. Hildebrand (Member) admitted to bar, 1985, New Jersey; 1985, U.S. District Court, District of New Jersey; 1986, U.S. Court of Appeals, Third Circuit. Education: Union College of Union University (B.A., magna cum laude, 1980); Duke University School of Law (J.D., 1984).

Mary J. Hildebrand focuses her practice on strategic planning, commercialization, protection, and management of intellectual property and technology assets in the United States and many foreign jurisdictions. A member of the firm in the Tech Group, she is recognized in Chambers USA: America's Leading Lawyers for Business (2009-2011) for her work in Intellectual Property. Prior to joining Lowenstein Sandler, Ms. Hildebrand was a partner at Goodwin Procter LLP where she served as Chair of the firm's IP Transactions & Strategies Practice in the New York City and New Jersey offices. Ms. Hildebrand has been lead counsel in many substantial transactions with particular emphasis on complex structures involving the development, distribution, exploitation, sale, license and outsourcing of intellectual property assets and web-enabled ventures. She regularly provides counsel regarding product distribution, marketing, dispute mediation, the acquisition and sale of technology companies and due diligence evaluations in the context of mergers, investments and venture capital transactions.

Clients that Ms. Hildebrand has performed work for include Stryker Corporation, American Express OPEN, State Street Bank & Trust Company, Telcordia Technologies, Centennial Communications Corp., Dun & Bradstreet, FujiFilm Holdings America, Inc. and its affiliates, Public Service Electric & Gas, Purdue Pharma, Dow Jones & Company, The CIT Group, Inc., Viacom International Inc., Allied Signal (now Honeywell), Chase Manhattan, Hypovereinsbank, Citibank, Dell Financial Services, CBS, Inc., NBC Universal, AdvisorCentral (a joint venture of Fidelity, Putnam, Franklin Templeton and PFPC), The Prudential Insurance Company of America, Factiva, Inc. (a joint venture of Dow Jones and Reuters), Investors Bank & Trust Company and Mellon Investor Services.

Ms. Hildebrand is the author or co-author of numerous articles in publications such as Metropolitan Corporate Counsel, Advisor Today, inc.com, Computerworld, Biotechnology Law Report, Intellectual Property Litigation Reporter, National Law Journal, The Computer and Internet Lawyer, For the Defense, New York Law Journal, New Jersey Law Journal, the Chief Information Officer Journal, the Journal of Management Consulting, Computer Lawyer, and the Rutgers Computer and Technology Law Journal.

Ms. Hildebrand regularly lectures in her area of expertise for organizations that include: American Corporate Counsel Association (NY, NJ, District of Columbia and Northeast Chapters), the Computer Law Association (where she designed and chaired the annual CLA CyberSpaceCamp Conference from 1996-2002), Women Corporate Counsel Association, the Massachusetts Bankers Association, Practicing Law Institute, American Bar Association, the New York Bar Association, Electronic Financial Services Council, New Jersey Technology Council, the Women Presidents Organization and the Licensing Executives Society. In January 2008, Ms. Hildebrand co-chaired the Annual Corporate Counsel Institute for the New Jersey Institute of Continuing Legal Education, where she presented on the legal aspects of off-shore outsourcing transactions. In October 2008, Ms. Hildebrand participated in a panel presentation sponsored by the New Jersey Corporate Counsel Association and the Licensing Executives Society on Open Source Software together with attorneys from Ricoh Corporation of the Americas, Telcordia Technologies, Inc., and Alcatel Lucent.

Ms. Hildebrand is also a founder and Co-chair of STRIDES®, Advancing Women in Business, an initiative sponsored by Lowenstein Sandler PC that promotes visibility, leadership opportunities, and quality peer interaction for women in business. Ms. Hildebrand was honored at the Executive Women of New Jersey's Salute to the Policy Makers, which recognizes women who set policy at major corporations or other organizations based in New Jersey. Ms. Hildebrand was also honored by the Women's Political Caucus of New Jersey with the 2011 Mary Philbrook Award for her contributions to the advancement of women in the legal profession.

Ms. Hildebrand was an Armstrong Merit Scholar at Union College and was elected by the faculty to the Pi Sigma Alpha and Omicron Delta Epsilon honor societies.

Publications

· White House Proposes A Consumer Privacy Bill of Rights
Privacy Law Alert, March 1, 2012
Mary Hildebrand, Katherine Varker

· March 1, 2012 Deadline for Amending Vendor Contracts to Comply with Massachusetts Data Security Regulations
Privacy Law Alert, February 2012
Mary Hildebrand, Katherine Varker

· New EU Data Protection Regulations Could Mean Hefty Fines for U.S. Companies: How You Should Prepare
Privacy Law Alert, February 2012
Mary Hildebrand, Katherine Varker

· Data Breach Legislation 101: Top Principles for Mitigating Brand Risk
Hospitality Technology, April 6, 2010
Mary Hildebrand, Matthew Savare

· New Massachusetts Privacy Regulations Affect Companies Across the Country
Bloomberg Privacy & Information Reports, July 2009
Mary Hildebrand, Elaine Hughes, Matthew Savare

· The Prevalence Of Privacy: Issues For In-House Counsel In The Information Age
The Metropolitan Corporate Counsel (also published in the NJCCA Newsletter, July 10,2009), June 2009
Matthew Savare, Mary Hildebrand, Robert Chesler

· Privacy Principles for Accountants
The CPA Journal, May 2008
Mary Hildebrand, Matthew Savare

· Portrait Of A Tech Group: At Home In The U.S., The UK And The Global Arena
The Metropolitan Corporate Counsel, January 2006
Mary Hildebrand

Press Mentions

· Mary J. Hildebrand is highlighted for being selected one of the 2011 "Best Fifty Women in Business" by NJBiz magazine., Metropolitan Corporate Counsel, April 2011

· Lowenstein Sandler is highlighted for its diversity and diversity programs; Mary Hildebrand and Christine Osvald-Mruz discuss STRIDES, the firm's networking program for women in business, as well as the firm's membership in the Hidden Brain Drain Task Force (a project of the Center for Work-Life Policy), which conducts studies on how the business community can realize the assets of women and minority employees., New Jersey Law Journal, September 22, 2008

· Mary J. Hildebrand is profiled on her background and recent arrival to the firm's Tech Group., New Jersey Law Journal, December 19, 2005

Affiliations

· Licensing Executives Society, New Jersey Metro Chapter
- Co-chair
- Recipient of the Outstanding Chapter Award for 2004
- Member of the Planning Committee for the 2006 Annual Meeting in NYC

· Executive Association of New Jersey
- Past President
- Chair of the Board of Trustees

· American Bar Association

· New Jersey State Bar Association

· Essex County Bar Association

· Computer Law Association

· Women President's Organization

Practice Areas: Corporate; Intellectual Property & Patents; Outsourcing; Privacy Law; The Tech Group; Trademark Prosecution and Enforcement.Email: Mary J. Hildebrand

Michael B. Himmel (Member) born 1950; admitted to bar, 1975, New York; 1981, New Jersey; 1975, U.S. District Court, Southern District of New York; 1975, U.S. District Court, Eastern District of New York; 1975, U.S. Court of Appeals, Second Circuit; 1980, U.S. Supreme Court; 1981, U.S. District Court, District of New Jersey; 1983, U.S. Court of Appeals, Third Circuit; 2005, U.S. Court of Appeals, Fifth Circuit. Education: New York University (B.S., 1971); St. Louis University School of Law (J.D., 1974) Member, St. Louis University Law Review.

Michael B. Himmel is chair of the firm's Litigation Department and the White Collar Criminal Defense Practice Group. Listed in The Best Lawyers in America since 2001, Mr. Himmel has been selected for inclusion in two categories, Criminal Defense and Business Litigation. In the 2008-2012 editions, he was selected as a "bet-the-company litigator" for his work in "make or break litigation," an honor shared by a small, elite segment of litigators nationwide. Mr. Himmel has also been selected for inclusion in Chambers USA: America's Leading Lawyers for Business as a leading individual in the Litigation practice area since 2003, and featured in Super Lawyers since 2005 in the Criminal Defense: White Collar section of the publication. He is the 2003 recipient of the Trial Bar Award of the Trial Attorneys of New Jersey. He served as President of the Association of the Federal Bar for the State of New Jersey for the term 1998 - 2000. He is a Fellow of the American Bar Foundation.

Mr. Himmel has developed a national practice in white collar criminal defense in matters involving tax fraud, securities fraud, the Foreign Corrupt Practices Act, political corruption, antitrust, bank fraud, and environmental matters. His clients have included private and public corporations in various industries including life sciences and the financial sector, officers and directors of private and public corporations, professionals and state and federal officials. He also has assisted corporate clients with internal investigations. Mr. Himmel, who is also well known for his work in complex business litigation, has recently won several multi-billion dollar class action securities fraud cases.

Mr. Himmel was formerly a Senior Partner at Greenbaum, Rowe, Smith, Ravin, Davis & Himmel in Woodbridge, New Jersey. Previously, Mr. Himmel was an Assistant District Attorney in Bronx County, New York, and later served as an Assistant U.S. Attorney for the District of New Jersey. During his years as a federal prosecutor, Mr. Himmel successfully prosecuted numerous high visibility white collar criminal cases that resulted in the convictions of a New Jersey state senator, a former speaker of the New Jersey Legislature and a number of union officials.

A frequent lecturer for the Institute on Continuing Legal Education on white collar criminal defense topics, he has also been a panelist and faculty member for the American Bar Association White Collar Crime Institute. He is a member of the Litigation, Antitrust, and Criminal Justice Sections of the American Bar Association, as well as the New Jersey and New York State Bar Associations.

Mr. Himmel is admitted to practice in New York (1975) and in New Jersey (1982).

Publications

· Anti-Money Laundering
The Hedge Fund Law Report, February 16, 2012
Michael Himmel, Matthew Oliver

· The Third Time's The Charm - IRS Announces Third Opportunity For Voluntary Disclosure Of Offshore Accounts
Client Alert, January 10, 2012
Robert Kipnees, Michael Himmel, Michael Gooen, Richard Horne, Brian Silikovitz, Matthew Oliver

· FCPA Regulators Set Sights On Private Equity
Metropolitan Corporate Counsel, December 2011
Michael Himmel

· FCPA Regulators Set Sights on Private Equity
SEC Enforcement/White Collar Criminal Defense Client Alert, November 2011
Michael Himmel

· Getting Out from Under Antitrust Litigation: How it just got harder for foreign entities to stay out of the U.S. antitrust labyrinth
Bloomberg Antitrust & Trade Law Report, October 12, 2011
Michael Himmel, Jamie Gottlieb

· New Jersey Retroactively Levies Rebate Payment Obligations on Non-Participating Pharmaceutical Manufacturers Under the WorkFirst New Jersey General Public Assistance Act
Business Litigation Client Alert, April 2011
Robert Towey, Michael Himmel

· Client Alert: New Opportunity for Disclosure of Offshore Accounts
Client Alert, February 11, 2011
Robert Kipnees, Michael Himmel, Matthew Oliver, Michael Gooen, Richard Horne

· Foreign Corrupt Practices Act Enforcement Blitz Snares Health Care Companies
Bloomberg Health Law Reports, July 2009
Michael Himmel

· Foreign Corrupt Practices Act 2.0: Its Role In The 2009 Global Economy
Metropolitan Corporate Counsel, May 2009
Michael Himmel

· Fall-Out from the Financial Crisis: Criminal Enforcement
White Collar Criminal Defense Client Alert, October 2008
Michael Himmel, Robert Kipnees

· Think Your Tax Secrets Are Safe In Foreign Bank Accounts? Think Again
White Collar Criminal Defense Alert, July 2008
Michael Himmel, Robert Kipnees

· Feds' Power To Renege on Immunity May Be Tested in U.S. Supreme Court
New Jersey Law Journal, October 16, 2006
Michael Himmel

· Lessons From the Anderson Debacle
The Middlesex Advocate, Volume 17, Number 2, October 2002
Michael Himmel

· Employer suffers when worker invokes Fifth
New Jersey Lawyer, July 19, 1999
Michael Himmel

· When An Employee Invokes The Fifth Amendment, The Corporate Employer May Suffer The Consequences
The Metropolitan Corporate Counsel, June 1999
Michael Himmel

· Document Destruction May Constitute Pre-Subpoena Obstruction of Justice
New Jersey Law Journal, February 1, 1999
Michael Himmel

· Fair Trade Or Foul Play? The Antagonism Between The Antidumping And Antitrust Laws
The Metropolitan Corporate Counsel, May 1997
Michael Himmel, Robert Kipnees

· Victims May Collude to Contest Dumping
The National Law Journal, March 31, 1997
Michael Himmel, Robert Kipnees

· Knowing When To Fight
New Jersey Law Journal, November 4, 1996
Michael Himmel

Press Mentions

· Michael Himmel comments on the SEC's and DOJ's Foreign Corrupt Practices Act enforcement in America and abroad, and on the SEC's whistleblower bounty program., BNA Securities Regulation & Law Report, January 23, 2012

· In a Law360 article, Michael Himmel comments on how regulators have stepped up their enforcement of the Foreign Corrupt Practices Act, particularly for private equity firms that are increasingly investing in emerging markets and other areas where bribery and corruption may be common., Law360, October 26, 2011

· Michael Himmel comments on the increase in global anti-corruption enforcement in light of Russian investigators cooperating with German investigators in the Hewlett-Packard bribery probe., Main Justice, August 13, 2010

· Michael B. Himmel comments on a federal appeals court decision affirming the dismissal of a qui tam False Claims Act lawsuit brought against clients Schering-Plough Corporation (now known as Merck & Co., Inc.) and Organon USA Inc. by a former Organon employee. In the lawsuit, the former employee alleged that Organon wrongfully obtained FDA approval for the anesthetic drug Raplon and thereby caused false claims for the use of Raplon to be submitted to Medicare and Medicaid. The U.S. Court of Appeals for the Third Circuit held that the case was properly dismissed for lack of jurisdiction because the plaintiff's allegations were based upon prior public disclosures and he did not qualify as an "original source" within the meaning of the False Claims Act's public disclosure bar., Law360, February 3, 2010

· Michael B. Himmel, Lawrence A. Spector, and Alice B. Stock are recognized for being named to the 2009 edition of New York Super Lawyers., Metropolitan Corporate Counsel, November 2, 2009

· Michael Himmel comments on the IRS' increased scrutiny of individuals who have offshore bank accounts., NJBiz, February 16, 2009

· In an article about accounting fraud during recessionary times, Michael Himmel discusses the correlation between the increase in white-collar crime and financial instability, noting "White-collar crime clearly upticks when there's a downturn in the economy.", BusinessWeek, January 9, 2009

· Michael Himmel comments on trial lawyers' use of graphics and visuals as part of a winning strategy to refine and simplify arguments and present them in a visual context., The Recorder, December 8, 2008

· Michael Himmel's appointment to the position of Chair of the firm's Litigation Department is highlighted in Executives Moves., The Star Ledger, April 6, 2008

· Michael J. Himmel discusses the SEC's reasoning for targeting secondary participants in federal securities violations, including those related to the recent case of videogame maker Take Two Interactive Software and its distributor, Capitol Distributing., Compliance Week, May 22, 2007

· Michael B. Himmel discusses far reaching implications of the Supreme Court's imminent decision on federal government power to revoke immunity promised to antitrust violators under the Justice Department's Corporate Leniency Program., The New Jersey Law Journal, October 16, 2006

· Michael B. Himmel comments on Hewlett-Packard's Congressional hearings surrounding allegations of intrusion into its directors' private phone records., Washingtonpost.com, BusinessWeek online, September 19, 2006

· Michael B. Himmel comments on the criminal indictments of former General Re Corp. executives and the attempts to reach other executives in an alleged fraud between the reinsurer and AIG, Business Insurance, June 13, 2005

· Michael B. Himmel discusses former Berkshire Hathaway executive Richard Napier's guilty plea to aiding AIG in its distortion of finances, Bloomberg.com, June 10, 2005

· Michael B. Himmel examines the fairness defense strategy in the late-trading case against former Bank of America securities broker Theodore Sihpol III, New York Law Journal, May 5, 2005

· Michael B. Himmel is quoted in an article about the benefits and risks associated with former WorldCom CEO Bernard J. Ebbers taking the stand at his trial., The New York Times, February 27, 2005

Affiliations

· American Bar Association

· New Jersey State Bar Association

· New York State Bar Association

· Association of the Federal Bar of the State of New Jersey

· Federal Bar Council

· National Association of Criminal Defense Lawyers

· New Jersey Association of Criminal Defense Lawyers

(Also at New York, New York Office). Practice Areas: Antitrust & Trade Regulation; Commercial & Business Litigation; Life Sciences; Litigation; Securities Litigation; White Collar Criminal Defense.Email: Michael B. Himmel

John D. Hogoboom (Member) born 1960; admitted to bar, 1986, New York; 1991, New Jersey. Education: University of Pennsylvania (B.S., magna cum laude, 1982); University of Pennsylvania School of Law (J.D., cum laude, 1985) Editor, University of Pennsylvania Law Review.

John D. Hogoboom is a founding member of the Lowenstein Sandler Specialty Finance Group and is co-chair of the Life Sciences group. Mr. Hogoboom specializes in representing clients in the life sciences and other industries in mergers and acquisitions, public and private securities offerings, private equity investments and general corporate and securities law.

Mr. Hogoboom is listed among The Best Lawyers in America in the 2007-2012 editions of the publication in both the corporate law and securities law categories.

Recent Speaking Engagements:

· SEC Government-Business Forum on Small Business Capital Formation, "Initial Public Offerings and Securities Regulation Involving Smaller Public Companies," Washington, D.C., November 17, 2011

· IMAP Spring 2011 International Mergers & Acquisitions Symposium, "The Private Capital Market for Growth and Acquisition Financing in Public Companies," New York, NY, March 31, 2011

· DealFlow Media PIPEs Conference 2010, Moderator "PIPEs Legal Update: Current Developments and Trends," Las Vegas, NV, Nov 9-10, 2010

· DealFlow Media PIPEs Conference 2009, "Workshop: Alternative Offering Structures", Las Vegas, NV, December 2-4, 2009

· DealFlow Media PIPEs Conference 2009, Panelist "Trends in Structure and Pricing: The Current Options for Public Companies", Las Vegas, NV, December 2-4, 2009

· Roth Capital Partner's 21st Annual Stock Growth OC Conference, "Workshop: Raising Capital in the Current Market, Shelf Registrations - Why Every Issuers Should Have One", Dana Point, CA, February 16-18, 2009

· SEC Government-Business Forum on Small Business Capital Formation, "Roundtable Panel on Current Issues in SEC Regulation for Smaller Companies," SEC HQ Washington DC, November 20, 2008

· DealFlow Media PIPEs Conference 2008, Panelist, "PIPEs Legal Roundtable," New York, NY, Nov 12-13, 2008

· 2008 Merriman Curhan Ford & Co. 5th Annual Investor Summit, Topic: Current Issues In PIPEs and Registered Directs, San Francisco, CA, September 15-16, 2008

· 2008 China Venture Capital & Private Equity Forum, Topic: Financing Alternatives - PIPEs, Shenzhen, China, April 11, 2008

· International PIPEs Conference, Topic: Update on the PIPE Market: New Rules & Recent Pricing Trends, Hong Kong, China, April 8-10, 2008

· IQPC 4th PIPEs Summit, Topic: New and Improved PIPEs; Analysis of today's PIPEs Market, New York, NY, February 26-27, 2008

Publications

· President Signs JOBS Act
Corporate Finance Client Alert, April 5, 2012
Marita Makinen, John Hogoboom, Anthony Pergola, Andrea Schreiber

· Regulation Alert - SEC Issues Bulletin on Risks of Investing in Reverse Merger Companies - June 9, 2011
Specialty Finance Client Alert, June 2011
Steven Siesser, John Hogoboom, Steven Skolnick

· Lowenstein Sandler Specialty Finance Alert - Proposed SEC Rules Could Significantly Impact Venture Capital Investment in Public Companies
Specialty Finance Alert, December 3, 2010
John Hogoboom

· FINRA's Regulatory Notice 10-22 Broker-Dealers Beware
Specialty Finance Alert, April 27, 2010
John Hogoboom, Gal Davidovitch

· FINRA: Implementing a Same-Day Clearance Option for Shelf Filings
Specialty Finance Alert, February 22, 2010
Steven Skolnick, John Hogoboom

· Public-Private Investment Program
Global Financial Crisis Alert, March 23, 2009
John Hogoboom

· SEC Report Recommends Improvements To, But Not Suspension Of, Fair Value Accounting
Global Financial Crisis Alert, January 8, 2009
Elaine Hughes, John Hogoboom

· Term Asset Lending Facility Established
Global Financial Crisis Alert, November 25, 2008
John Hogoboom

· Credit Default Swap Clearinghouse Nears Reality
Global Financial Crisis Alert, November 2008
John Hogoboom

· FDIC Mortgage Loan Modification Proposal
Global Financial Crisis Alert, November 2008
John Hogoboom

· Federal Reserve's Money Market Investor Funding Facility
Global Financial Crisis Alert, October 2008
John Hogoboom

· Troubled Asset Relief Program
Global Financial Crisis Alert, October 2008
John Hogoboom

· Treasury Seeks Public Input On Insurance Program
Global Financial Crisis Alert, October 2008
John Hogoboom

· Treasury Clarifies Terms of Capital Purchase Program for Qualifying US Financial Institutions
Global Financial Crisis Alert, October 20, 2008
John Hogoboom

· New SEC Rules Against Naked Short Selling
Specialty Finance Alert, September 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· Another Federal Court Rules Against the SEC on PIPE Shorting Claims
Specialty Finance Alert, January 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· Amended Rule 144 Update
Specialty Finance Alert, January 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· Court OKs Pre-Effective Shorting of PIPE Shares
Specialty Finance Alert, January 2008
John Hogoboom

· SEC Adopts Revisions to the Eligibility Requirements of Forms S-3 and F-3
Specialty Finance Alert, December 2007
Steven Siesser, John Hogoboom, Steven Skolnick

· SEC Amends Rules 144 and 145
Specialty Finance Alert, December 2007
Steven Siesser, John Hogoboom, Steven Skolnick

· New SEC Proposals Would Greatly Streamline Capital Formation For Smaller Public Companies
The Metropolitan Corporate Counsel, July 2007
Alan Wovsaniker,
Steven Siesser, John Hogoboom

· SEC Adopts Amendments To Regulation SHO and Eliminates "Tick Test"
Specialty Finance Alert, June 18, 2007
John Hogoboom

· "Big Boy" Letters Raise Insider Trading Concerns In And Out Of Bankruptcy
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, June 2007
John Hogoboom, Sharon Levine, S. Jason Teele

· Do Small Companies Get Short Shrift?
The Metropolitan Corporate Counsel, June 2007
John Hogoboom

· New SEC Proposals Would Greatly Streamline Capital Formation For Smaller Public Companies
Specialty Finance, Corporate and Securities Group Alert, May 24, 2007
John Hogoboom, Steven Siesser, Steven Skolnick, Anita Chapdelaine

· Sec Staff Clarifies Views on Rule 415
Specialty Finance Alert, January 2007
John Hogoboom, Steven Siesser, Steven Skolnick

· Change in Nasdaq Interpretations
Corporate Finance Alert, November 2, 2004
John Hogoboom

· Commission Proposes Reforms to Securities Offering Rules
Corporate Finance Alert, November 1, 2004
John Hogoboom

· Private Investment in Public Equity: An Overview
Jersey Law Journal, September 2004
John Hogoboom

· SEC to Publish Comment Letters and Issuer Responses
Corporate Finance Alert, July 2, 2004
John Hogoboom

· SEC Issues New MD&A Guidance
Corporate Finance Alert, January 6, 2004
John Hogoboom, Jeffrey Shapiro

· Proposed Audit Committee Standards For Listed Companies
Corporate Finance Alert, January 14, 2003
John Hogoboom, Steven Skolnick, Scott Moss

· Sarbanes-Oxley Enacted - Will Effect Significant Changes in Corporate Governance and Reporting Obligations of Public Companies
Corporate Finance Alert, July 30, 2002
Peter Ehrenberg, John Hogoboom, Mathew Hoffman

· NASDAQ Approves Changes to Key Corporate Governance Standards
Corporate Finance Alert, June 2002
John Hogoboom, Lisa C. Fodor, Esq.

· SEC Announces Changes to Corporate Disclosure Rules
Corporate Finance Alert, February 2002
John Hogoboom

· Court Upholds Waiver of 10b-5 Claims in Stock Purchase
Corporate Finance Alert, November 2001
John Hogoboom, Desiree K. Holzlein, Esq.

· NASDAQ Suspends Continued Listing Criteria in Wake of September 11 Attacks
Corporate Finance Alert, October 2001
Peter Ehrenberg, John Hogoboom, Karen M. Sheehan, Esq.

· SEC Issues Emergency Rules
Corporate Finance Alert, September 2001
Peter Ehrenberg, John Hogoboom

· The SEC's New Regulation FD Changes Corporate Communications
New Jersey Law Journal, December 11, 2000
John Hogoboom, Peter Ehrenberg

· SEC Adopts Regulation FD to Combat Selective Disclosure of Material Non-Public Information to Market Professionals
Corporate Finance Alert, September 2000
John Hogoboom, Steven Skolnick, Michael W. Valente, Esq.

· SEC Adopts Long Awaited Final Rules Regarding Accounting Matters
Corporate Finance Alert, February 2000
Peter Ehrenberg, John Hogoboom, Steven Skolnick

· New SEC Rules: The SEC Giveth and the SEC Taketh Away
Corporate Finance Alert, May 1999
Peter Ehrenberg, John Hogoboom

Press Mentions

· Jack Hogoboom discusses Rodman & Renshaw's plan to sell or spin off its investment banking business., PIPE Wire, May 23, 2012

· Jack Hogoboom discusses the impact of the JOBs Act on existing public companies., Growth Capital Investor, May 2012

· Jack Hogoboom comments on the effect of the JOBs Act on current IPO practices.Jack Hogoboom comments on the effect of the JOBs Act on current IPO practices, The DealFlow Report, May 14, 2012

· Jack Hogoboom comments on the likely impact of the JOBs Act on private companies and existing public companies., The DealFlow Report, May 7, 2012

· Jack Hogoboom comments on JOBS Act general solicitation provisions., The DealFlow Report, April 16, 2012

· Jack Hogoboom comments on the pitfalls associated with the JOBS Act., The PIPEs Report, April 2, 2012

· Jack Hogoboom comments on recent microcap clearance issues., The DealFlow Report, February 13, 2012

· Jack Hogoboom comments on the slow start to 2012 in the public offering market., The PIPEs Report, January 30, 2012

· Jack Hogoboom comments on why the easing of capital raising requirements for microcap companies will not solve the current job crisis., The PIPEs Report, December 6, 2011

· Jack Hogoboom comments on Nasdaq regulators' potential rejection of private placement transactions involving "penny warrants" or other deeply discounted securities., The PIPEs Report, December 6, 2011

· Jack Hogoboom comments on FINRA proposal to subject virtually all private placements to FINRA scrutiny., The PIPEs Report, February 15, 2011

· Jack Hogoboom comments on the dangers of the SEC's proposed "venture capital fund" definition for small cap public companies., The PIPEs Report, December 7, 2010

· Jack Hogoboom comments on Section 16 in light of a suit against a PIPE fund manager., The PIPEs Report, November 2, 2010

· Jack Hogoboom comments on the SEC's efforts to police fraud in the microcap space., The PIPEs Report, October 19, 2010

· Jack Hogoboom comments on the risks involved in trading on information received ahead of a PIPE in light of a recent SEC case against hedge fund manager Robert Berlacher., The PIPEs Report, October 5, 2010

· Jack Hogoboom comments on effects of recent market turmoil., The PIPEs Report, May 18, 2010

· Jack Hogoboom comments on regulatory concerns raised by "make-whole" preferred stock offerings., The PIPEs Report, May 18, 2010

· Jack Hogoboom comments on new FINRA Notice regarding members' due diligence responsibilities in private placements., The PIPEs Report, May 4, 2010

· Jack Hogoboom comments on how the Financial Industry Regulatory Authority's new same-day clearance option will streamline the process of filing shelf registrations for PIPE issuers., The PIPEs Report, March 2, 2010

· Jack Hogoboom comments on the potential pitfalls of using financial investor relations firms., The PIPEs Report, February 16, 2010

· Jack Hogoboom comments on the risks of not doing proper due diligence in registered direct offerings., The PIPEs Report, December 15, 2009

· Jack Hogoboom comments on Sen. Chris Dodd's proposed overhaul of U.S. financial regulations, including a provision that would give state regulators greater authority over most PIPEs., The PIPEs Report, December 1, 2009

· Jack Hogoboom comments on the investigation of three separate PIPE investors for alleged wrong doings including insider-trading violations, improper short selling and dissemination of inaccurate portfolio valuations., The Pipes Report, October 20, 2009

· John Hogoboom comments on the recent increase in lawsuits by PIPE funds to enforce terms of financing., The Pipes Report, September 8, 2009

· John D. Hogoboom comments on how private equity firms are finding opportunities with PIPEs at a time when their traditional market is still dry., Dow Jones Newswires, August 13, 2009

· John D. Hogoboom comments on the probability of increased regulation of hedge funds and private investment pools., The PIPEs Report, April 7, 2009

· Jack Hogoboom comments on unusual PIPE deal terms in light of existing market conditions., The PIPEs Report, March 17, 2009

· Jack Hogoboom comments on certain aspects of the Bear Stearns collapse that may negatively impact its employees., Dow Jones, March 17, 2008

· Jack Hogoboom comments on the surprisingly small number of companies that have filed shelf registration statements following the recent amendments to Form S-3., The PIPEs Report, March 4, 2008

· Jack Hogoboom comments on the likely effects of the recent change to Rule 144., Dow Jones, February 15, 2008

· Jack Hogoboom comments on the potential ramifications of the recent U.S. District Court (SDNY) decision in the Gryphon Partners case, which held that investors may cover pre-registration short positions with PIPE shares., The PIPEs Report, January 15, 2008

· Jack Hogoboom comments on the failure of the SEC's new rules to adequately address capital raising problems faced by smaller issuers., The PIPEs Report, December 18, 2007

· John D. Hogoboom comments on the effect of recent proposed SEC reforms on the PIPEs market., The PIPEs Report, June 5, 2007

· John D. Hogoboom discusses the potential pitfalls for small public companies that use financial public relations to boost interest in their stocks., The PIPEs Report, May 15, 2007

· John D. Hogoboom discusses continued use of caps on liquidated damages in stock purchase agreements notwithstanding recent accounting clarification that such caps are not required., The PIPEs Report, March 20, 2007

· John D. Hogoboom discusses the need for change in the application of certain accounting principles to PIPE transactions, and the risk applied to such deals as a result of the SEC's current application of the principles., CFO.com, October 18, 2006

· John D. Hogoboom is featured for his commentary at a recent SEC government-business forum on raising capital and the challenges faced by small companies in the face of regulation., CFO.com, September 29, 2006

· John D. Hogoboom is quoted on the steady rise of hedge fund participation in PIPEs transactions and the financial advantage such transactions pose to entry level investments., Dow Jones Hedge Fund Trades, March 13, 2006

· Steven E. Siesser, John D. Hogoboom, and Steven M. Skolnick are profiled on their work with the firm's Specialty Finance Group and nationally recognized PIPEs practice., New Jersey Law Journal, August 1, 2005

Affiliations

· New Jersey State Bar Association

· American Bar Association

Practice Areas: Corporate; Corporate Finance & Securities; Life Sciences; Mergers & Acquisitions; PIPEs, SPACs & Registered Direct Offerings; Private Equity & Mezzanine Financing.Email: John D. Hogoboom

Elaine M. Hughes (Member) born 1974; admitted to bar, 1998, Massachusetts; 2004, New Jersey. Education: Harvard University (B.A., cum laude, 1995); Boston College Law School (J.D., magna cum laude, 1998).

Elaine Hughes is a partner in Lowenstein Sandler's Investment Management Group, which was selected as one of the preeminent practices in the United States for its representation of hedge funds and other private funds (2011 and 2010) and derivatives/private equity work (2011) by Best Law Firms, published by U.S. News and Best Lawyers. Ms. Hughes advises clients on a broad spectrum of legal issues and considerations relating to the establishment, structuring and operation of domestic and offshore investment vehicles, as well as joint ventures, managed accounts and other alternative investment relationships. Ms. Hughes's clients are leading national and international investment managers, funds and investors, all of whom rely on her experience, ingenuity, and consummate legal advice.

Ms. Hughes focuses her practice on advising hedge funds, private equity funds, venture funds, funds of funds and other pooled investment vehicles in connection with their structuring, formation and ongoing operational needs, general securities laws matters, and regulatory and compliance issues, as well as the representation of private investors in fund and direct investments. She has extensive experience in fund formation, capital raising and structuring, as well as negotiating seed and strategic investments, fund-related M&A activity and secondary transactions.

Ms. Hughes has played a primary role in a number of complex transactions involving a wide variety of structures and assets with values ranging from several million to several billion dollars. Ms. Hughes has extensive experience in shareholder and partnership arrangements and in providing regulatory advice to broker-dealers and investment advisors. She has represented issuers and investors in equity and debt financings, shelf registrations, PIPEs deals and other alternative financings and in a number of corporate transactional matters, including technology spin-offs, and strategic alliances.

Ms. Hughes regularly speaks on the subject of private funds and investments. She has also been a guest speaker on venture capital law and shareholder relationships, as well as a committee co-chair for the National Venture Capital Association Model Legal Document Working Group. Ms. Hughes is involved in a number of community activities and currently serves on the board of trustees for University Heights Charter School.

Publications

· Financial Industry Regulatory Reform Approved by Joint Congressional Conference Committee
Investment Management Client Alert, June 25, 2010
Scott Moss, Elaine Hughes, Cole Beaubouef

· IRS Extends FBAR Filing Deadline for Certain Taxpayers to June 30, 2010
Investment Management and Business Tax Counseling & Structuring Client Alert, August 10, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· New Massachusetts Privacy Regulations Affect Companies Across the Country
Bloomberg Privacy & Information Reports, July 2009
Mary Hildebrand, Elaine Hughes, Matthew Savare

· IRS Extends Deadline for Filing Foreign Bank Account Reports For Certain Taxpayers to September 23, 2009
Investment Management Alert, June 25, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· SEC Report Recommends Improvements To, But Not Suspension Of, Fair Value Accounting
Global Financial Crisis Alert, January 8, 2009
Elaine Hughes, John Hogoboom

· Shareholder Disputes and Corporate Divorce
New Jersey CPA, March/April 2004
Elaine Hughes, Ed Zimmerman

Practice Areas: Corporate; Corporate Finance & Securities; Investment Management; Mergers & Acquisitions; Tech Transfer; Venture Capital, Angel Investing, and M&A.Email: Elaine M. Hughes

Edward J. (Ted) Hunter (Member) born 1969; admitted to bar, 1995, New York; 1996, New Jersey. Education: Washington University (B.A., 1991); Fordham University School of Law (J.D., 1995) Law Review.

Edward J. (Ted) Hunter is Chair of Lowenstein Sandler's Real Estate practice group. Based in both New York and New Jersey but with a national practice, Ted has extensive experience in all areas of commercial real estate, including acquisitions and dispositions, leasing, construction and permanent financing, syndication, partnerships and joint ventures, securitizations, construction, asset and property management, and public-private partnerships. Ted's clients include national and regional real estate developers and investors, major financial institutions (including investment advisors, private equity firms, life insurance companies and commercial and investment banking institutions), and public and privately-held corporations. In 2009, Ted was the lead attorney for Lend Lease Americas, Inc. in connection with an innovative hotel privatization transaction that was named "2009 North American Real Estate Deal of the Year" by Project Finance magazine. In 2010, Ted was the lead attorney for Syms Corp in connection with a landmark leasing transaction named "Most Creative Retail Deal of the Year" by the Real Estate Board of New York.

Mr. Hunter is listed in the 2009-2011 editions of Chambers USA: America's Leading Lawyers for Business which praised him as the "driving force behind [the Real Estate Group's] increasing success." Chambers USA also noted that clients have lauded that Mr. Hunter "takes ownership of a project, constantly keeps his eye on the ball, and translates legal complexities into terms we can understand." Mr. Hunter was also recognized in Real Estate New Jersey's 2009 "Meet the Lawyers" issue as one of the state's leading real estate attorneys.

Prior to joining Lowenstein Sandler, Mr. Hunter was a partner at Kelley Drye & Warren LLP.

Representative Experience

· Represented an affiliate of the Lend Lease Corporation in connection with its military housing and hotel privatization programs, including the privatization, acquisition, development and financing of the military multi-family housing communities on the Fort Campbell, Fort Drum, Fort Knox and Fort Hood military bases and the privatization of over 3,200 hotel rooms in sixty-two lodging facilities across ten military installations in eight states.

· Represented Rockefeller Group International, Inc. and Rockefeller Group Development Corporation in connection with the acquisition, disposition, leasing, financing and development of their office, retail and industrial portfolios.

· Represented a major New York City developer in connection with the construction financing of its joint venture development with a major investment bank and The New York Times Company of a 52-story office tower in Manhattan that serves as the international headquarters of The New York Times.

· Represented one of the nation's largest commercial banking institutions in connection with its branch expansion, including the acquisition and development of new branch locations across the Northeastern United States.

· Represented a national developer in connection with its acquisition of more than 25 parcels along the Hudson River waterfront in an assemblage transaction valued over $100 million.

· Represented a national developer in connection with its workout of debt secured by a major regional retail center.

· Represented a major international real estate investment advisor in connection with its investment in office and retail properties on behalf of commingled open-end accounts, individual client accounts and commingled closed-end accounts.

· Represented a major New York City developer in connection with its development and construction financing of a mixed-use office and retail complex on 125th Street in Manhattan (Harlem Center).

· Represented a major international life insurance company in connection with the sale and securitization of more than $845 million of its mortgage loan portfolio in several securitization transactions.

· Represented a leading national mall developer in connection with its acquisition and financing of the Riverside Square mall (now known as the Shops at Riverside) in Bergen County, New Jersey.

· Represented Syms and Filene's Basement in connection with the leasing, acquisition and disposition of their retail and other real estate portfolios.

· Represented several international energy companies in connection with the disposition of more than 600 retail service station properties in six states and represented a major financial institution in connection with synthetic lease transactions involving over 700 retail service station properties in seven states.

· Represented two prominent Wall Street investment banks in connection with the sale of four office buildings in New Jersey and Michigan for more than $100 million.

· Represented a global private equity fund in connection with the workout and restructuring of a construction loan secured by a NYC hotel.

· Represented a national developer in connection with its net lease to the Pharmacia Corporation (now Pfizer) of two office buildings totaling 233,000 square feet of space.

· Represented a major New York City developer in connection with its lease of up to 200,000 square feet of office space in one of Manhattan's premiere office buildings.

· Represented a global private equity fund in connection with risk analysis and marketability assessment relative to its portfolio of equity investments in US commercial real estate.

· Represented a major New York City developer in connection with its lease of a multi-tenanted food court in its flagship retail and entertainment complex in Times Square in Manhattan to the Host Marriott Corporation.

· Represented the New York branch of a leading European commercial bank in connection with its mortgage loan portfolio in the United States and its investment in syndicated commercial mortgage loans.

· Represented a prominent golf course developer in connection with its acquisition, development and management of golf course properties.

Publications

· Q&A With Lowenstein Sandler's Ted Hunter
Law 360, December 1, 2011
Edward Hunter

· National News and Developments
Real Estate Newsletter, February 2011
Edward Hunter, John Stolz, David Tlusty

· New York News and Developments
Real Estate Newsletter, February 2011
Edward Hunter, John Stolz, David Tlusty

· New Jersey News and Developments
Real Estate Newsletter, February 9, 2011
Edward Hunter, John Stolz, David Tlusty

· Real Estate Developments: What's Happening in New York
The Real Estate Finance Journal, Winter 2011
James Stewart, Edward Hunter

· New Jersey News and Developments
Real Estate Newsletter, October 2010
Edward Hunter, John Stolz, Lowell Plotkin

· National News and Developments
Real Estate Newsletter, October 2010
Edward Hunter, David Tlusty

· New York News and Developments
Real Estate Newsletter, October 2010
Edward Hunter, Norman Spindel, Lowell Plotkin

· New York News and Developments
Real Estate Newsletter, July 2010
Edward Hunter, James Stewart, John Stolz

· National News and Developments
Real Estate Newsletter, July 2010
Edward Hunter, Brian Silikovitz, John Stolz, Norman Spindel, Richard Horne, David Tlusty

· U.S. Bankruptcy Court for the Southern District of NY Issues Opinion On Debtor's Liability for Post-Petition Rent During the First Month of a Bankruptcy Case
Real Estate and Bankruptcy Client Alert, January 12, 2009
Edward Hunter, David Kaufman, Thomas Pitta

· Taking a Contracyclical Step in a Down Market
Metropolitan Corporate Counsel, November 2008
Edward Hunter

· Critical Issues: The ISRA Mouse that Roared
GlobeSt.com, May 12, 2008
Edward Hunter

Press Mentions

· In a Crain's New York Business article about turning the Stuyvesant Town/Peter Cooper Village property into affordable condos, Ted Hunter comments on the current challenges in raising significant amounts of debt for large transactions., Crain's New York Business, December 4, 2011

· Ted Hunter comments on the current real estate trend of properties being successfully foreclosed on by their mezzanine lenders., Crain's New York Business.com, August 15, 2010

· Ted Hunter comments on the privatization and finance of hotels on U.S. military installations. In 2009, Lowenstein represented developers in the first-ever privatization of hotels on U.S. Army bases. The project was named Project Finance's 2009 "North American Real Estate Deal of the Year.", Real Estate Finance & Investment, June 4, 2010

· Edward J. Hunter is highlighted in the New York Law Journal for representing retailer Filene's Basement in its lease of a new location at 2234 Broadway, New York, NY., New York Law Journal, February 17, 2010

· Lowenstein is highlighted for representing Actus Lend Lease in connection with the Privatization of Army Lodging (PAL) project. The Lowenstein team was led by Edward J. Hunter., Metropolitan Corporate Counsel, October 4, 2009

· Ted Hunter comments on the economic crisis' impact on borrowers, lenders, landlords and tenants in the real estate industry., National Real Estate Investor, May 2009

· Ted Hunter comments on the declined real estate market's impact on mezzanine loans., The New York Times, February 22, 2009

· Lowenstein Sandler's addition of Edward (Ted) Hunter, Member of the firm and chair of its Real Estate practice, is highlighted., The Record, October 13, 2008

· The addition of Edward Hunter, Member; David Kaufman, Counsel; David Tlusty, Counsel; Susan Yeu, Counsel; and Jessica Plinio, Associate, who join Lowenstein Sandler as part of the strategic expansion of the firm's Real Estate practice, is highlighted., AmLaw Daily, September 26, 2008

Practice Areas: Corporate; Real Estate.Email: Edward J. (Ted) Hunter

Mark P. Kesslen (Member) born 1963; admitted to bar, 1990, New York; 2006, New Jersey; U.S. Patent and Trademark Office, 1990. Education: Tufts University (B.S., Electrical Engineering, 1986); Case Western Reserve University School of Law (J.D., 1989).

Mark P. Kesslen, Chair of the Intellectual Property section of the firm's Tech Group and co-chair of the IP Litigation Group, provides strategic guidance to technology-based businesses in patent strategy (licensing, litigation, and prosecution) including venture-backed companies in digital and social media, software, medical devices, clean-tech and fintech space; research and development entities including universities and major financial service companies.

Mark serves as IP counsel on numerous venture capital (representing either investors or the companies) and M&A transactions including, for example, recent investments into Twitter, Yext, Knewton and Flat World Knowledge, where issues ranged from assessing litigation, patent scope, open source, creative commons and ownership risks.

Recognition/Press:

· Named among the nation's top 50 IP attorneys under age 45 by IP Law and Business magazine (2008), which highlighted work on behalf of venture-backed companies by "helping the little guy strike a great bargain."

· Recognized by Chambers USA: America's Leading Lawyers for Business in 2006 through 2011 as a leading intellectual property attorney: "Out of the courtroom, practice chair Mark Kesslen provides guidance in patent strategy to technology-based businesses and their investors. 'Mark's pragmatism is key to his practice - he doesn't waste time dealing with theoretical concerns, he just gets issues resolved,' report clients."

· Quoted and provides commentary on intellectual property issues for various media outlets including The Wall Street Journal, Business Week, CNN, Red Herring, Dow Jones, TheStreet.com and The Hollywood Reporter.

Mark also serves as a guest lecturer at Columbia University, where he teaches Intellectual Property Law for the Law and Technology class for the Master of Science in Technology Management Program, and at Tufts University where he lectures on the relationship between entrepreneurship and IP.

Prior to joining Lowenstein Sandler, Mark ran JPMorganChase's Technology, Sourcing & Intellectual Property Practice Group for the Legal Department worldwide. In that role, Mark had more than 30 lawyers at JPMorganChase reporting to him from offices across the U.S., Europe and Asia. In his 8 years at JPMorganChase, Mark served as IP counsel in dozens of venture financings on behalf of Lab Morgan and its predecessor chase.com, incubators of emerging technology and financial service companies. Mark has also served as IP counsel on numerous M&A, IPO and venture capital transactions. Mark chaired the Financial Services Roundtable's patent working group, has testified before Congress on patent reform, and served as JPMorganChase's lead internal lawyer on multi-billion dollar outsourcing deals and patent litigation. He also served for five years on the board of directors of the Intellectual Property Owner's Association. Over the course of Mark's career, he has prosecuted hundreds of patents and designed and implemented the patent program at JPMorganChase. Mark has handled matters in software, semiconductors, hardware, financial services, business methods and wireless and VoIP communications. Prior to joining JPMorganChase in 1997, Mark was an associate in the IP Group of Stroock & Stroock & Lavan.

Out of the office, Mark is an avid cyclist, and enjoys hiking, snow shoeing and cooking for large family dinners. Mark also serves on the Board of Directors of YMCA - Camp Belknap, a New Hampshire summer camp for boys that he attended and worked at for 12 years.

Professional/Interests:

· Member and Secretary of the Advisory Board of the Entrepreneurial Leadership Program at Tufts University, 2007-present

· Member of the 2010 Editorial Advisory Board of IP Law360

· Co-Founder and Executive Committee of First Growth Venture Network (a mentorship program for high potential, seed and early stage start-up tech entrepreneurs in and around New York City), 2009-present - covered by WSJ here

· Member, Grape Arbor VC (an angel investor group comprised of 9 friends who spend their professional lives in the tech and start-up space and pool their personal finances to make angel investments), 2006 - present

· Member of the Advisory Board of Pro Bono Partnership, a leading provider of legal services to nonprofit community-based organizations, 2009-present

· National Venture Capital Association, Patent Group Advisory Board Member

· President, Community Chest of Englewood, Englewood Cliffs and Tenafly, (ranking officer of 80+ year old charity serving the area near my home), 2006-present and Member 2002-present

· AngelVineVC, leading group of Venture Capital Funds and Angel Investors looking at deals together in NY, member/leadership team since 2006

· Board Member, Intellectual Property Owner's Association ("IPO"), 2000-2005.

· Chair, Patents Working Group, Financial Services Roundtable, 1999-2005.

· Testified before Congress on Patent Law Issues in 2003.

Publications

· The Nuances of the America Invents Act of 2011
Metropolitan Corporate Counsel, June 2011
Mark Kesslen, David Toma

· What You Need to Know About the USPTO's New Prioritized Patent Examination Process ("Track I")
Patent Law Alert, April 19, 2011
Mark Kesslen, David Toma

· Coming to a Website Near You: More Irrelevant Advertisements
AdExchanger.com, December 17, 2010
Mark Kesslen, David Leit, Matthew Savare

· Could Boucher Privacy Bill Stifle Innovation?
Bloomberg Privacy Law Report, July 2010
Mark Kesslen, Matthew Savare

· Be On Your Best Behavior: Principles For Online Behavioral Advertising
Mealey's Litigation Report Data and Identity Security, April 2010
Mark Kesslen, Matthew Savare

· Developers: How To Protect Your Intellectual Property During The iPhone and iPad App Development Gold Rush
ITWorld.com, April 20, 2010
Mark Kesslen

· Targeting Real-Time Targeting: Privacy Groups File Overreaching Suit with the FTC Against Real-Time Behavioral Advertising
AdExchanger.com, April 16, 2010
Ed Zimmerman, Mark Kesslen, Matthew Savare

· Recent Patent Law Development: Impact on Accused Infringers
LifeSciTech, Spring 2008
Mark Kesslen

· The Patent Trial Bar Breathes A Sigh Of Relief: In Re Seagate
The Metropolitan Corporate Counsel, November 2007
Mark Kesslen

· The Impact of MedImmune v. Genentech on the Future of Intellectual Property Agreements
New Jersey Corporate Counsel Association (NJCCA), April 5, 2007
Mark Kesslen

· Thinking Strategically to Achieve the Client's Goals
Inside the Minds, Aspatore Books, April 2007
Mark Kesslen

· How Will eBay v. MercExchange Affect Pharmaceutical and Biotechnology Patent Owners?
A Lowenstein Sandler PC Publication, July 2006
Mark Kesslen

· Blowing Your IP Rights When Shopping For Venture Funding
New Jersey Tech News, February 2006
Mark Kesslen

· Know your (intellectual property) rights; The value of a transaction often resides in the intangible assets
The Daily Deal, January 3, 2006
Mark Kesslen

· Board of Appeals Removes Any Question Regarding The Patentability Of Business Method Patents
Patent Law Alert, November 2005
Mark Kesslen

Press Mentions

· Mark Kesslen comments on the motivation behind Kickstarter's suit against ArtistShare to invalidate the patent behind their technology, which allows artists to connect with fans to participate in and fund their work., Crowdfunding 360, February 6, 2012

· In a CNET article, Mark Kesslen comments on the application of the "frand" principle in high-profile technology lawsuits, including those between Apple and various Android manufacturers., CNET, February 3, 2012

· Mark Kesslen comments on the escalation of the legal war over patents in the wireless industry in light of Motorola Inc.'s filing of a patent infringement complaint against Apple Inc., Wall Street Journal, Fox Business, PCWorld, SmartMoney.com, October 6, 2010

· In Wall Street Journal and UPI articles, Mark Kesslen comments on Microsoft Corporation's possible motivation behind suing Motorola Inc. for infringing nine patents in smart phones powered by Android software., Wall Street Journal, UPI, October 3, 2010

· Mark Kesslen comments on Apple Inc.'s attempt to maintain control over their products by suing companies that sell unauthorized electronic accessories such as chargers, speakers and cables for Apple's electronic devices., Bloomberg (also published in the Boston Globe, San Francisco Chronicle and SNL Kagan Media & Communications Report), July 28, 2010

· Mark Kesslen comments on NTP's lawsuit against Apple, Google, HTC Corp., LG Electronics Inc., Microsoft Corp. and Motorola Inc. over eight patents related to the wireless delivery of email to cell phones., Wall Street Journal, July 10, 2010

· Mark Kesslen comments on HTC Corp's licensing deal to use Microsoft's patents in their Android phone and the impact that deal has on Apple's patent-infringement lawsuit against HTC., Wall Street Journal, April 28, 2010

· Mark Kesslen comments on Apple Inc.'s suit of Taiwan-based HTC Corp. over alleged patent violations on smartphone technologies., The Wall Street Journal, March 2, 2010

· Lowenstein Sandler is highlighted for serving as primary legal advisor to ID Systems Inc. in its acquisition of Asset Intelligence LLC. The Lowenstein Sandler team consisted of Steven E. Siesser, Marissa L. Morelle, Kylie Cooper, Mark P. Kesslen, Lisa K. Schroeder, Andrew E. Graw and Richard J. Horne., Metropolitan Corporate Counsel, February 1, 2010

· Mark Kesslen comments on the increased use of the U.S. International Trade Commission by technology companies to quickly address patent disputes., Wall Street Journal, January 22, 2010

· Mark Kesslen comments on how recessions affect patent litigation, noting that in periods of economic downturn, "companies look for ways to produce royalty revenue or sue to protect their patents.", Washington Internet Daily, November 26, 2008

· Mark Kesslen comments on how the current economy is impacting the generation of new patent applications in industries such as life sciences, Internet and telecom., BlackEnterprise.com, June 23, 2008

· Mark Kesslen comments on how the current economy is impacting the generation of new patent applications in industries such as life sciences, Internet and telecom., New Jersey Business, June 2008

· Mark Kesslen's selection as one of the nation's top 50 IP attorneys under age 45 is highlighted., Metropolitan Corporate Counsel, June 2008

· Mark P. Kesslen comments on how Qualcomm's failure to turn over hundreds of documents in the Broadcom case could impact them in future litigations., Reuters, October 10, 2007

· Mark P. Kesslen examines the Federal Circuit's ruling in the case of Paymentech LP v. BMC Resources Inc., relating to joint patent infringement and how recent Supreme Court patent decisions have impacted the financial services industry., American Banker, September 28, 2007

· Mark P. Kesslen comments on a possible injunction barring Vonage from offering Internet-based phone service, following the U.S. District Court ruling that found the company infringed Sprint patents relating to connecting Internet phone calls., CNNMoney.com, September 25, 2007

· Mark P. Kesslen comments on an amendment to the patent reform bill which could greatly broaden freedom over financial institutions' ability to infringe check-systems patents without penalty., IP Law and Business, September 2007

· In an article examining 2007 boardroom performances, Mark P. Kesslen discusses the potential for review of the Vonage-Verizon dispute, following the Supreme Court ruling on KSR v. Teleflex, which tightens restrictions on companies vying for patents., Corporate Board Member Magazine, August 10, 2007

· Mark P. Kesslen comments on Google's new software tool called Claim Your Content, which is filtering technology that enables copyright owners to police YouTube's site for improper content., The Hollywood Reporter, Esq., April 24, 2007

· Mark P. Kesslen discusses an activist group's complaint alleging Viacom's improper request for the removal of a Comedy Central parody clip from YouTube Inc.'s website., The Hollywood Reporter, Esq., March 23, 2007

· Mark P. Kesslen examines the $1 billion copyright infringement lawsuit brought by Viacom Inc. against Google and YouTube Inc., and what the suit means for other broadcasters whose copyrighted content is posted on You Tube's site., The Hollywood Reporter, March 15, 2007

· Mark Kesslen discusses implications placed on website content aggregators in the recent wake of Google's Belgium copyright lawsuit., Red Herring, February 26, 2007

· Mark P. Kesslen discusses the future use of copyrighted materials by search engines stemming from a court decision on Google's alleged misuse of copyrighted titles and summaries on its Belgian-based news site., Business Week, February 13, 2007

· Mark P. Kesslen examines the U.S. Patent and Trademark Office's role in the patent dispute between While Palm Inc. and NTP Inc., Dow Jones, November 7, 2006

· Mark P. Kesslen comments on Vonage's patent battle with Verizon, noting the precarious position Vonage and others are in as a result of "patent wars.", TheStreet.com, June 20, 2006

· Mark P. Kesslen comments on The Supreme Court's decision to withhold injunction requirements following a court's finding of patent infringement., TheStreet.com, May 15, 2006

· In the article entitled "RIM eyeing court showdown," Mark P. Kesslen comments on the BlackBerry-maker patent litigation., The Toronto Star, December 19, 2005

· In the article entitled "BlackBerry Maker is Emboldened By Patent Office," Mark P. Kesslen comments on the BlackBerry-maker patent litigation., The Star Ledger, December 18, 2005

· In the article entitled "BlackBerry Nation; Patent conflict may trigger demise of wireless communication link," Mark P. Kesslen comments on the BlackBerry-maker patent litigation., The Wall Street Journal, December 17, 2005

Affiliations

· Member and Secretary of the Advisory Board of the Entrepreneurial Leadership Program at Tufts University, 2007-present

· Member of the 2010 Editorial Advisory Board of IP Law360

· Co-Founder and Executive Committee of First Growth Venture Network, 2009-present

· Member, Grape Arbor VC, 2006 - present

· Member of the Advisory Board of Pro Bono Partnership

· National Venture Capital Association, Patent Group Advisory Board Member

· President, Community Chest of Englewood, Englewood Cliffs and Tenafly, 2006-present and Member 2002-present

· AngelVineVC, member/leadership team since 2006

· Board Member, Intellectual Property Owner's Association ("IPO"), 2000-2005

· Chair, Patents Working Group, Financial Services Roundtable, 1999-2005

· Board of Directors, YMCA Camp Belknap, Wolfeboro NH

Practice Areas: Corporate; Intellectual Property & Patents; Outsourcing; The Tech Group; Trademark Prosecution and Enforcement.Email: Mark P. Kesslen

Robert J. Kipnees (Member) born 1956; admitted to bar, 1981, New York; New Jersey; 1981, U.S. District Court, District of New Jersey; 1981, U.S. District Court, Southern District of New York; 1981, U.S. District Court, Eastern District of New York; 1985, U.S. Court of Appeals, Third Circuit; 1992, U.S. Supreme Court; 1995, U.S. District Court, Eastern District of Wisconsin; 2000, U.S. Tax Court; 2011, U.S. Court of Appeals, Second Circuit. Education: Cornell University (B.A., cum laude, with distinction, 1977); Harvard Law School (J.D., cum laude, 1980).

Robert J. Kipnees is a member of the firm's Litigation Department and White Collar Criminal Defense Practice Group. Mr. Kipnees concentrates his practice in complex white collar criminal cases, including securities fraud, tax fraud, antitrust and environmental crimes and political corruption cases. He brings to bear in defending firm clients many years of experience, including significant trial experience in both prosecution and defense work. Mr. Kipnees also handles complex civil securities fraud cases, criminal and civil RICO cases, class actions and complex civil fraud and antitrust cases. He has defended and assisted in the criminal defense of several public figures, including, most recently, the successful defense at trial of an executive with a major paper company accused of participating in an international price fixing conspiracy. Mr. Kipnees has also defended against criminal charges a director of the New York Federal Reserve Bank, a principal of a major currency futures firm, several accountants, a municipal engineer, and a prominent corporation listed on the New York Stock Exchange, among others. He also has conducted numerous internal investigations for various corporations faced with allegations of criminal wrongdoing. Mr. Kipnees represents clients in the life sciences, healthcare, real estate, financial services, banking and securities industries, among others.

Upon graduation from law school, he practiced litigation with a major New York City law firm and later became an Assistant U.S. Attorney for the District of New Jersey. During his tenure at the U.S. Attorney's Office from 1982-1985, he worked in both the general criminal division and in the special prosecutions (political corruption) divisions.

Since 1993, he has been an adjunct professor of law at Seton Hall Law School, where he teaches a course on White Collar Criminal Practice. Mr. Kipnees is also the author of "Criminal Trial Preparation," published by the New Jersey Institute of Continuing Legal Education, and has also lectured frequently for that organization on the subject of criminal law. Mr. Kipnees is also the recipient of the U.S. Department of Justice Special Achievement Award (1985).

Mr. Kipnees is listed in Chambers USA: America's Leading Lawyers for Business in the White-Collar Crime and Government Investigations section of the publication. He is also listed in Super Lawyers (2009-2012) and numerous editions of Who's Who in America, and is a member of Phi Beta Kappa.

Publications

· The Third Time's The Charm - IRS Announces Third Opportunity For Voluntary Disclosure Of Offshore Accounts
Client Alert, January 10, 2012
Robert Kipnees, Michael Himmel, Michael Gooen, Richard Horne, Brian Silikovitz, Matthew Oliver

· 'Padilla v. Kentucky' and the Hidden Costs of Criminal Conviction
New York Law Journal, August 2, 2011
Robert Kipnees

· Business Tax Counseling & Structuring Alert - IRS Extends Filing Deadlines for Some FBARs
Business Tax Counseling & Structuring Alert, June 2011
Richard Horne, Michael Gooen, Brian Silikovitz, Kenneth Slutsky, Robert Kipnees

· The Hidden Costs of a Criminal Conviction
New Jersey Law Journal, May 31, 2011
Robert Kipnees

· Client Alert: New Opportunity for Disclosure of Offshore Accounts
Client Alert, February 11, 2011
Robert Kipnees, Michael Himmel, Matthew Oliver, Michael Gooen, Richard Horne

· Criminal Trial Preparation
New Jersey Institute of Continuing Education, November 2008, 2010
Robert Kipnees

· Fall-Out from the Financial Crisis: Criminal Enforcement
White Collar Criminal Defense Client Alert, October 2008
Michael Himmel, Robert Kipnees

· The Investigation and Prosecution of Business Organizations
Metropolitan Corporate Counsel, October 2008
Robert Kipnees

· Think Your Tax Secrets Are Safe In Foreign Bank Accounts? Think Again
White Collar Criminal Defense Alert, July 2008
Michael Himmel, Robert Kipnees

· Court Re-evaluates Meaning of Noncooperation
New Jersey Law Journal, September 25, 2006
Robert Kipnees

· Fair Trade Or Foul Play? The Antagonism Between The Antidumping And Antitrust Laws
The Metropolitan Corporate Counsel, May 1997
Michael Himmel, Robert Kipnees

· Victims May Collude to Contest Dumping
The National Law Journal, March 31, 1997
Michael Himmel, Robert Kipnees

Press Mentions

· Robert J. Kipnees and Maureen Ruane are spotlighted for their selection to Chambers USA: America's Leading Lawyers for Business, a guide to the nation's top lawyers and law firms., The Progress, August 1, 2008

Events

· May 31, 2012
Handling Issues in White Collar Crime Cases

Affiliations

· American Bar Association
- Sections of Litigation and Criminal Justice

· Association of the Bar of the State of New York

· The Association of the Federal Bar of New Jersey

· New York State Bar Association

· New Jersey State Bar Association (Criminal Law Section)

· National Association of Criminal Defense Lawyers

(Also at New York, New York Office). Practice Areas: Commercial & Business Litigation; Life Sciences; Litigation; Securities Litigation; White Collar Criminal Defense.Email: Robert J. Kipnees

Paul Kizel (Member) born 1956; admitted to bar, 1982, New Jersey; 1983, New York; 1983, U.S. District Court, Southern District of New York; 1983, U.S. District Court, Eastern District of New York; 1983, U.S. District Court, District of New Jersey. Education: George Washington University (B.A., 1978); Syracuse University College of Law (J.D., 1982).

Paul Kizel concentrates his practice in Chapter 11 reorganizations. Mr. Kizel has over 20 years of experience representing debtors, creditors committees, liquidating trustees, secured lenders, asset purchasers and other parties in interest in reorganization proceedings. Mr. Kizel has been recognized in the Bankruptcy and Creditor/Debtor Rights section of the 2007-2009 editions of Super Lawyers.

Mr. Kizel has appeared in bankruptcy courts in various jurisdictions throughout the country, including Delaware, New York, New Jersey, Texas, California, Illinois, Missouri and Maine. Among others, Mr. Kizel has represented significant parties in interest in the following recent chapter 11 cases:

· Tower Automotive Inc. (New York) - represented purchaser of assets in $1 billion transaction

· Foamex International Inc. (Delaware) - represented creditors committee

· Interstate Bakeries Inc. (Missouri).- represents creditors committee

· Pegasus Communications, Inc. (Maine)- represents liquidating trustee

· Calpine Corp. (New York and Canada)- represented bondholder

· Kara Homes (New Jersey)- represented post petition secured lender

· Able Laboratories Inc. (New Jersey)- represented debtor

Publications

· New Jersey News and Developments
Real Estate Newsletter, July 2010
Paul Kizel, James Stewart, John Stolz, David Tlusty

Press Mentions

· In Law360, Sharon L. Levine, S. Jason Teele, Paul Kizel and Wojciech F. Jung are highlighted for representing the Transport Workers Union of America in the Chapter 11 case of American Airline's parent company, AMR Corp., Law360, April 24, 2012

· Bruce Buechler, Bruce Nathan and Paul Kizel are highlighted for representing the Official Unsecured Creditors Committee of Borders Group Inc. On August 10, 2011, Judge Martin Glenn approved the bidding procedures for the sale of Borders' intellectual property and real estate leases., The Daily Deal, August 11, 2011

· In a Publisher's Weekly article about the lease auction of Borders stores, Paul Kizel notes late developments in negotiations for the Torrance, CA store. Mr. Kizel represents the Creditors Committee in the Borders Group Inc. Chapter 11 case., Publisher's Weekly, August 10, 2011

· In a Westlaw News & Insight article, Bruce Nathan, Bruce Buechler and Paul Kizel are highlighted for representing the Official Committee of Unsecured Creditors of Borders Group Inc. The Committee objected to the entry of a final order authorizing debtor in possession financing, in part, because the proposed financing does not provide the company with adequate liquidity., Westlaw News & Insight, March 14, 2011

Affiliations

· New Jersey State Bar Association

· American Bar Association

· American Bankruptcy Institute

· Essex County Bar Association

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Paul Kizel

Marc B. Kramer (Member) born Brooklyn, New York, March 21, 1962; admitted to bar, 1987, New York; New Jersey; 1987, U.S. District Court, District of New Jersey; 2004, U.S. Court of Appeals, Third Circuit; 2005, U.S. District Court, District of Colorado. Education: Rutgers, The State University of New Jersey (B.A., 1984); Dickinson School of Law (J.D., 1987) Dickinson Law Review.

Marc B. Kramer is a member of Lowenstein Sandler's Securities Litigation Group and has a broad range of experience in complex commercial litigation, with a particular emphasis in securities litigation representing institutional investors. Mr. Kramer has substantial jury trial and non-jury experience and has obtained some of the largest individual securities litigation settlements and judgments in recent years. His experience includes the prosecution of a number of successful class action matters as well as class action opt-out litigation matters. He has also successfully litigated numerous Delaware Chancery Court appraisal actions on behalf of minority shareholders, as well as civil RICO, antitrust, fiduciary duty, and partnership disputes.

Recent representative matters include:

· an opt-out action on behalf of Franklin Mutual Advisers LLC to recover damages for securities purchases made by various Franklin funds in Tyco International;

· representation of lead plaintiffs in the Quovadx securities litigation in the United States District Court for the District of Colorado;

· an opt-out action on behalf of Franklin Mutual Advisers LLC to recover damages for securities purchases made by various Franklin funds in Beazer Homes;

· representation of Appaloosa Management, Franklin Mutual Advisers and W.R. Huff Asset Management to prosecute hundreds of millions of dollars of claims arising out of the Adelphia securities scandal;

· representation of Special Situations Funds in a separately filed companion case to the Suprema class action for damages for securities purchased by SSF in Suprema Specialties; and

· representation of Appaloosa Management, Raven Asset Management and W.R. Huff Asset Management in various bondholder rights litigation matters.

Mr. Kramer is also one of the few attorneys in New Jersey to have successfully prosecuted claims on behalf of a nationwide class of consumers for consumer fraud and reformation of warranty in the Trex class action.

Practice Areas: Litigation; Securities Litigation.Email: Marc B. Kramer

Laura R. Kuntz (Member) born 1955; admitted to bar, 1982, New Jersey. Education: Douglass College (B.A., with highest honors, 1978) Phi Beta Kappa; Rutgers University School of Law - Newark (J.D., with honors, 1982).

Ms. Kuntz has a diversified corporate practice. She represents both public and private companies on securities law matters and mergers and acquisitions. Ms. Kuntz also advises companies concerning disclosure and governance issues, including those imposed by the Sarbanes-Oxley Act, SEC regulations and various stock exchanges and the Dodd-Frank Wall Street Reform and Consumer Protection Act. She also practices in the area of executive compensation. In addition, Ms. Kuntz focuses on health care legal issues affecting hospitals, nursing homes and physicians.

Ms. Kuntz is an active volunteer for Autism Speaks (formerly The National Alliance for Autism Research), a not-for-profit organization dedicated to funding biomedical research relating to the causes, treatments and cure for autism. She has lobbied in Washington, D.C. for increased funding for autism research by the Centers for Disease Control and the National Institutes of Health and supports the cause locally by chairing autism walk-a-thons in New Jersey. Ms. Kuntz received the NAAR 2005 Volunteer of the Year Award.

Publications

· Opportunity For Public Companies Qualifying For SEC's "Smaller Reporting Company" Status: Save on SOX 404(b) Costs and Defer "Say-on-Pay/Frequency" Votes
Specialty Finance Alert, February 2011
Steven Siesser, Laura Kuntz

Affiliations

· New Jersey State Bar Association

· American Bar Association

Practice Areas: Corporate; Corporate Finance & Securities; Mergers & Acquisitions.Email: Laura R. Kuntz

David Leit (Member) born 1969; admitted to bar, 1995, New Jersey; 1996, New York; 1995, U.S. District Court, District of New Jersey; 1996, U.S. District Court, Southern District of New York; 1996, U.S. District Court, Eastern District of New York; 1997, U.S. District Court, Western District of New York. Education: Stanford University (A.B., 1991) David Starr Jordan Scholar; Columbia University School of Law (J.D., 1995) James Kent Scholar, Harlan Fiske Stone Scholar, Samuel I. Rosenman Prize for Public Interest.

David Leit is a member of the firm's Tech Group and focuses his practice on intellectual property, technology and privacy in the following contexts: litigation, strategic counseling, licensing, joint ventures, outsourcing, the creation of intellectual property, and the intellectual property aspects of venture capital and other corporate transactions. Mr. Leit's litigation practice focuses on technology disputes, copyright and trademark matters, claims involving confidential information and trade secrets, privacy issues, false advertising claims, libel and defamation claims, and other matters involving technology and media. Mr. Leit has successfully argued cases in the United States Court of Appeals for the Second Circuit, the United District Courts for the Southern District of New York, and the District of New Jersey, the Trial and Appellate Divisions of the New York State Supreme Court, and the "rocket docket" in the Eastern District of Virginia. Mr. Leit has also handled sensitive internal investigations related to the use, and alleged misuse, of intellectual property and private data, and to failed technology implementation projects. He has handled numerous technology-related transactions, including large scale IT outsourcing, development, distribution, reseller, OEM, marketing, alliances and joint ventures. Mr. Leit also oversees the firm's trademark prosecution practice. Mr. Leit is a frequent speaker on outsourcing, technology and privacy matters. A member of the IT Advisory Board of the New Jersey Technology Council, Mr. Leit was selected for New Jersey Super Lawyers Rising Stars in 2007, 2008 and 2009.

Representative Speaking Engagements

· New York State Bar Association's Entertainment, Arts and Sports Law Spring Meeting: Panelist, "Augmented Reality" (May 1, 2012)

· New Jersey Technology Counsel: Panelist, Managing Your Software Investments - Are You in the Know?" (September 24, 2009)

· New Jersey Technology Council: Panel Moderator, "Financial Services and IT" (February 28, 2008)

· Incremental Advantage M&A Conference: Panelist, "Intellectual Property Concerns" (October 30, 2007)

· The Wall Street Transcript's Intellectual Property Conference: Speaker, "Innovative Measures to Maximize the Value of IP" (July 2005 and January 2006)

· New Jersey Technology Council: Moderator, "When Worlds Collide? - How Big Companies and Small Companies Interact"

· Third Annual New Jersey Corporate Counsel Association Meeting, Speaker, "Handling of Confidential Materials and Document Retention"

· New Jersey Technology Council: Moderator, "Perspectives on IT Outsourcing: Providers, Users, Legal, Technical"

· Risk and Insurance Management Society, Inc., NJ Chapter: Presenter, "Cyber Risks"

· New Jersey Technology Council: Panelist, "Best Practice in Closing Deals"

· New Jersey Technology Council: Panelist, "Myths and Truths about Offshore Outsourcing"

· New Jersey Technology Council: Moderator, "Enterprise Data Integration"

· New Jersey Technology Council: Presenter, "Privacy"

· Rutgers University School of Law Intellectual Property Society: Panelist, "Trends in Intellectual Property Law"

· Rutgers University School of Law: Lecturer on Intellectual Property during Seminar on Venture Capital

Publications

· Coming to a Website Near You: More Irrelevant Advertisements
AdExchanger.com, December 17, 2010
Mark Kesslen, David Leit, Matthew Savare

· FTC Proposes Significant Changes to Its Endorsement and Testimonials Guides
Metropolitan Corporate Counsel, February 2009
Matthew Savare, David Leit

· New Intellectual Property Law Substantially Expands Tools for Fighting Infringement
Tech Group Client Alert, November 2008
David Leit

· Barbie Disciplines a Brat: Playing with the Wrong Dolls Can Cost $100 Million
BNA: Patent, Trademark & Copyright Journal, October 31, 2008
David Leit, Kathi Rawnsley

· Barbie Disciplines A Brat: Playing with the Wrong Dolls Can Cost $100 Million
Tech Group Client Alert, September 2008
David Leit, Kathi Rawnsley

· Internet Keyword Advertising: Legal Risks and Business Realities
Association of Corporate Counsel New Jersey (NJCCA) Chapter, June 2008
Matthew Savare, David Leit

· Webmasters Beware: Proposed Law Could Affect All U.S. Web Sites
Intellectual Property Alert, May 2006
David Leit, Matthew Savare

· Tangled Web of Privacy Laws Create Compliance Challenges for U.S. Companies
NJBiz, March 2006
David Leit, Lisa C. Fodor, Esq.

· New Jersey Enacts Identity Theft Prevention Act
The Metropolitan Corporate Counsel, February 2006
David Leit, Matthew Savare

· COPYRIGHTS AND COPYWRONGS: A Primer on United States Copyright Law
Intellectual Property Alert, November 2005
David Leit, Matthew Savare

· Much Ado About Something: Grokster Decision Affects All Tech Companies
New Jersey Law Journal, September 12, 2005
David Leit, Matthew Savare

· The Can-Spam Act: Federal Government Regulates Unsolicited Commercial E-mail
The Tech Group Alert, January 2004
David Leit

· Tangled Web of Privacy Laws Create Compliance Challenges for U.S. Companies
NJBiz (Business News New Jersey), October 13, 2003
David Leit, Lisa C. Fodor, Esq.

· Tangled Web of Privacy Laws Create Compliance Challenges for U.S. Companies
New Jersey TechNews, October 2003
David Leit, Lisa C. Fodor, Esq.

· The Madrid Protocol: Why U.S. Trademark Owners Should Reevaluate Their International Trademark Protection Strategies
The Metropolitan Corporate Counsel, June 2003
David Leit, Lisa C. Fodor, Esq.

· Arbitration Is Not the Answer in Fights Over Domain Names
New Jersey Law Journal, March 24, 2003
David Leit

Press Mentions

· Lowenstein Sandler attorneys Matthew Savare, Daniel Sierchio, Gal Davidovitch, and David Leit are highlighted for their pro bono work with City Without Walls, a Newark non-profit art gallery., New Jersey Law Journal, January 4, 2010

· In the context of a lawsuit filed by record companies against five college students accused of stealing music off the Internet, David Leit discusses the conflict between intellectual property holders and individuals who illegally download digital content., NJBiz, December 10, 2007

· David Leit comments on possible laws violated by SAP in Oracle's lawsuit alleging that SAP employees stole copyrighted software and other confidential Oracle information from the company's customer support Web site., CRM Buyer, March 23, 2007

· David Leit examines the Microsoft/AT&T litigation pending before the Supreme Court, commenting on the potential ramifications on the ability of U.S. patent holders to extend the reach of their patents to activities conducted overseas., IP Law360, February 20, 2007

· David Leit comments on the role software technology played in 2006 U.S. patent lawsuits, including those listed in the Law360 2007 Litigation Almanac., IP Law360, February 14, 2007

Affiliations

· American Bar Association

· New York State Bar Association

· New Jersey Technology Council, IT Track

· Vice President of Education (Former School Board Chair), Temple Sharey Tefilo-Israel

· Executive Committee, South Orange-Maplewood Baseball

· Unemployment Action Center, Inc., past Chairman of the Board of Directors and Advisory Board Member

Practice Areas: Corporate; Intellectual Property & Patents; Intellectual Property Litigation; Litigation; Outsourcing; Privacy Law; The Tech Group; Trademark Prosecution and Enforcement.Email: David Leit

Michael J. Lerner (Member) born 1958; admitted to bar, 1983, New Jersey; 1987, District of Columbia. Education: Boston University (B.A., Business Administration, cum laude, 1980); Hofstra University School of Law (J.D., 1983).

Michael J. Lerner is Chair of Lowenstein Sandler's Life Sciences group and a member of the Corporate Department and Tech Group. Mr. Lerner has over twenty years of experience providing legal counsel to the pharmaceutical, life science and healthcare industries with significant knowledge in product acquisitions and divestitures, technology licensing, pharmaceutical sales and marketing practices, mergers and acquisitions, intellectual property, corporate compliance, employment law and regulatory matters affecting the pharmaceutical industry. Mr. Lerner currently has a stable of life sciences and healthcare clients ranging from investors to public companies and venture-backed private companies, as well as founders/management teams.

Prior to joining Lowenstein Sandler, Mr. Lerner served for six years as General Counsel at Reliant Pharmaceuticals, Inc., one of the nation's largest privately held pharmaceutical companies which was acquired by GSK in 2007. During his tenure as part of Reliant's senior management, the Company grew to over 1,000 employees. While Mr. Lerner's responsibilities at Reliant included legal affairs, human resources, and corporate compliance, he spent much time acquiring and divesting products and technologies. While at Reliant, Mr. Lerner was the lead inside lawyer on numerous pharmaceutical product acquisitions and dispositions totaling in excess of $650 million and he participated in raising equity and debt for Reliant in an amount exceeding $900 million. From 2008 through 2010, Michael also served as Senior Vice President and General Counsel of EKR Therapeutics, a specialty pharmaceutical company focusing on acute care hospital products.

Prior to joining Reliant, Mr. Lerner spent seventeen years at the law firm of Gibbons, Del Deo, Dolan, Griffinger & Vecchione PC, for the last 5 years of which, he was the partner in charge of the pharmaceutical and life sciences practice, where he represented start-ups, specialty and large pharmaceutical and other healthcare related companies in a variety of corporate, partnering and licensing matters.

Practice Areas: Corporate; Corporate Finance & Securities; Life Sciences; The Tech Group; Venture Capital, Angel Investing, and M&A.Email: Michael J. Lerner

Sharon L. Levine (Member) born 1958; admitted to bar, 1983, New Jersey; 1983, U.S. District Court, District of New Jersey; 1988, U.S. Court of Appeals, Third Circuit. Education: Franklin & Marshall College (B.A., 1980); Case Western Reserve University School of Law (J.D., 1983) Associate Editor, Case Western Reserve University Law Review.

Sharon L. Levine is a member in the Lowenstein Sandler Bankruptcy, Financial Reorganization & Creditors' Rights Group and has been involved in some of the nation's largest bankruptcy cases. Ms. Levine's practice focuses exclusively on bankruptcy, restructuring, debtor-creditor law and bankruptcy litigation. Ms. Levine is featured in the 2008-2011 editions of Chambers USA: America's Leading Lawyers for Business, in the 2012 edition of The Best Lawyers in America, and in the 2005-2012 issues of Super Lawyers in the Bankruptcy and Workout section of the publication.

Ms. Levine's recent representative matters include serving as counsel to the official unsecured creditors' committees in cases such as Global Aviation, Blitz U.S.A., Inc., Chef Solutions, Hussey Copper, Manistique Papers, Inc., Harry & David Holdings, Inc., American Safety Razor, Pinnacle Films, Inc., Consolidated Horticulture Group, Lear Corporation, Hayes Lemmerz, ION Media, Leiner Health Products, Inc., Star Tribune, Pliant Corporation, Foamex International, Papas Telecom, Stant Parent Corporation and Marcal Paper; as special bankruptcy counsel to the American Federation of Musicians and Employers Pension Fund in the Philadelphia and certain other orchestra cases, as special litigation counsel to the official unsecured creditors' committee in Fedders North America, Inc.; as counsel to substantial individual creditor interests in the MF Global, Lyondell Chemical, Movida, Worldcom, Sterling Chemical, Solutia and Loral Chapter 11 cases; and as debtors' counsel for Jobson Medical Information, Coach America, Meridian Behavioral Health, LLC, IFL Corp., Summit Global Logistics, Inc. and Creative Group, Inc.

Ms. Levine spends substantial time in bankruptcy court trying contested and litigated matters and, in the past few years, has appeared in the following venues: the Southern and Northern Districts of New York, the District of Delaware, the District of Hawaii, the Central District of California, the Northern District of Illinois, the Eastern District of Michigan, the Eastern District of Virginia, the Southern and Northern Districts of Florida, the Southern District of Texas, the District of New Jersey, the Western District of North Carolina, and others. Her bankruptcy practice includes representation of purchasers, debtors, creditors' committees, unsecured creditors, individual creditors, secured creditors and equity holders. She frequently provides bankruptcy advice on "out of court" corporate reorganizations, corporate and structured finance matters, and acquiring assets out of bankruptcy or in circumstances where one of the parties may be insolvent.

Ms. Levine also served as bankruptcy counsel to the Transport Workers Union of America, AFL-CIO in the Chapter 11 cases filed by AMR, American Airlines and American Eagle and to the International Association of Machinists and Aerospace Workers (IAM) and represented the IAM in the Chapter 11 cases of Hawker Beechcraft, Hostess, Northwest, United, US Airways (I and II), Hawaiian Airways, Aloha Airlines (I and II) and TWA.

Ms. Levine is a frequent lecturer on various bankruptcy topics--including issues of protection of creditors' rights in bankruptcy, automotive and chemical restructuring, discharge and fraud, media bankruptcy issues, bankruptcy lease issues, telecommunication bankruptcy issues, airline restructurings, preference issues, protection of creditors' rights in bankruptcy, and pre-bankruptcy planning. Ms. Levine serves as the Educational Chair of the Trade Credit Committee of the American Bankruptcy Institute (ABI) and as a member of the TMA, the New Jersey State Bar Association, Debtor/Creditor Section, the American Bar Association, Business Law Section and on the Board of Trustees for the State Theatre Regional Art Center in New Jersey.

Recent Representative Speaking Engagements:

· Hispanic National Bar Association Corporate Counsel Conference

· Be Retained, Not Detained: The Ethics of Retention Issues in Bankruptcy

· DealFlow Media Distressed Debt Conference

· American Bankruptcy Institute Nuts & Bolts Program

· How to Negotiate, Structure, and Draft Intercreditor Agreements in 2010 - What Bankruptcy Lawyers Need to Know About the Most Up-to-Date Best Practices, ExecSense Webinars American Bankruptcy Institute's (ABI) 28th Annual Spring Meeting

· Bankruptcy Experts to Examine Media Company Distress - American Bankruptcy Institute Webinar

· Airline and Railroad Labor and Employment Law

· 18th Annual American Law Institute - American Bar Association (ALI-ABA) Course of Study

· American Bankruptcy Institute's (ABI) 14th Annual Bankruptcy Conference

· American Bar Association (ABA) Forum on Air and Space Law 2006 Meeting and Conference

· Dos and Don'ts of Stakeholder's Agreements - Class at Wharton School of Business (Amir Goldman)

· National Chemical Credit Association (NCCA)

· North American Power Credit Organization (NAPCO)

Publications

· Strategic Alternatives for Distressed Business - Chapter 26
Strategic Alternatives for Distressed Business, January 2012
Sharon Levine, S. Jason Teele, Nicole Stefanelli

· Valuation Procedure, the Influence of Equity, and the Inclination Toward Settlement
Contested Valuation in Corporate Bankruptcy, 2011
Sharon Levine, S. Jason Teele

· Bankruptcy Alert: FDIC Adopts Final Rule Requiring Living Wills for Financial Institutions; Institutions Must Now Describe How They Will be Liquidated
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, September 14, 2011
S. Jason Teele, Sharon Levine

· TerreStar: Lender Liens And FCC Licenses
Law 360, September 1, 2011
Sharon Levine, Wojciech Jung

· New Decision Confirms That Secured Creditors May Have Lien on Economic Value of FCC License
Bankruptcy, Financial Reorganization & Creditors' Rights Alert, August 2011
Sharon Levine, Wojciech Jung

· The WaMu Lesson: Craft Your Releases Carefully
Law 360, January 28, 2011
Sharon Levine, John Sherwood, Nicole Stefanelli

· New Decision Bars Debtor's Choice of Counsel Despite the Retention of Conflicts Counsel
Ethics & Professional Compensation Committee ABI Committee News, August 2010
Sharon Levine, Wojciech Jung

· Strategic Alternatives for Distressed Business - Chapter 26
Strategic Alternatives for Distressed Business, June 2010
Sharon Levine, S. Jason Teele

· New Decision Bars Debtor's Choice of Counsel Despite the Retention of Conflicts Counsel
Bankruptcy, Financial Reorganization & Creditors' Rights Alert,, June 25, 2010
Sharon Levine, Wojciech Jung

· Distinguishing 'Excusable Neglect' In Filing Late Claims
Law360, June 14, 2010
Sharon Levine, S. Jason Teele

· Secured Lenders Do Not Have an Absolute Right to Credit Bid
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, March 24, 2010
Sharon Levine, Sheila Sadighi, S. Jason Teele, Joseph Becht, Jr.

· The Ongoing Debate Over Rule 2019
Law360, February 5, 2010
S. Jason Teele, Sharon Levine, Cassandra Porter

· Negotiating Break-Up Fees In A Stalking Horse Bid
Law 360, January 27, 2010
Sharon Levine, Sheila Sadighi, S. Jason Teele, Cassandra Porter

· Potential Benefit to Unsecured Creditors from the Worker, Homeownership, and Business Assistance Act of 2009
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 28, 2009
John Berger, Sharon Levine, Cassandra Porter

· Pension Plan Termination Premium Claims May Not Be Dischargeable in Bankruptcy
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 21, 2009
Sharon Levine, Christine Osvald-Mruz, Wojciech Jung

· New Decision Requiring Disclosures for Informal Committees in Bankruptcy Cases
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 14, 2009
Sharon Levine, Sheila Sadighi, S. Jason Teele

· Intercreditor Agreements Cementing Priorities and Silencing Objections
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 8, 2009
Sharon Levine, Sheila Sadighi, Wojciech Jung, Andrew Behlmann

· "Big Boy" Letters Raise Insider Trading Concerns In And Out Of Bankruptcy
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, June 2007
John Hogoboom, Sharon Levine, S. Jason Teele

· Levine Gets Closeup View Of Airline Bankruptcies
Dow Jones, June 23, 2006
Sharon Levine

· Reducing Costs by Terminating Retiree Benefits in Chapter 11
New Jersey Law Journal, March 15, 2004
Bruce Buechler, Sharon Levine, S. Jason Teele

· Ethical Issues Facing the Debtor's Lawyer in Light of Recent Litigation and Decisions
NJICLE/NJSBA Bankruptcy Bench-Bar Conference, March 12, 2004
Sharon Levine, Tracey Denton, Esq.; Dennis J. O'Grady, Esq.; Curtina R. McQueen-Martin

· Union Labor Under Pressure When Companies File for Protection
New Jersey Law Journal, February 3, 2003
Bruce Buechler, Sharon Levine, S. Jason Teele

Press Mentions

· In Law360, Sharon L. Levine, S. Jason Teele, Paul Kizel and Wojciech F. Jung are highlighted for representing the Transport Workers Union of America in the Chapter 11 case of American Airline's parent company, AMR Corp., Law360, April 24, 2012

· Sharon L. Levine comments on the advantages of current restructuring laws in light of the proposed Chapter 11 Bankruptcy Venue Reform Act of 2011, which if passed would require corporate debtors to file for bankruptcy in the district where their principal business or assets are located., Distressed Debt Report, October 24, 2011

· Sharon L. Levine's representation of general unsecured creditors in the bankruptcy restructuring of Pliant Corp. is highlighted., Bloomberg, July 1, 2009

· Sharon L. Levine comments on the use of the life settlement process in bankruptcy cases., The Deal, April 29, 2009

· In the context of the General Growth bankruptcy filing, Sharon L. Levine discusses the impact falling commercial real estate prices and the lack of credit for borrowers have on equity investments., Bloomberg, April 16, 2009

· Sharon L. Levine comments on the lawsuit against Fedders Corp. Ms. Levine is special litigation counsel to the "Official Committee of Unsecured Creditors" suing the air conditioning manufacturer's lenders and officers and directors., Effingham Daily News, June 30, 2008

· Sharon L. Levine comments on the pending sale of bankrupt pharmaceutical company Leiner Health Products Inc. to NBTY, Inc., Daily Bankruptcy Review, June 12, 2008

· Sharon L. Levine was featured in an article discussing her practice and representation of airline bankruptcy cases., Dow Jones, Daily Bankruptcy Review Small-Cap, June 2006

· Sharon L. Levine discusses plausible negotiations in the wake of looming court hearings on Delphi Corporation's motions to cancel hundreds of unprofitable contracts with General Motors Corp., the corporation's largest customer., Los Angeles Times, April 1, 2006

· Sharon L. Levine weighs in on labor contract negotiations led by Delphi Corp, General Motor Corp.'s top supplier, in its quest to provide retirement incentives for company workers., Dow Jones, March 24, 2006

· Sharon L. Levine comments on United Airlines' decision to move its request for lower union pay and benefits to bankruptcy court following its announcement of a $1.1 billion loss for the first quarter of 2005., Chicago Tribune, May 12, 2005

· Sharon L. Levine comments on a federal judge's decision to issue a ruling on United Airlines' decision to impose lower pay and benefits on its machinists union., Chicago Tribune, Chicago Sun-Times, March 21, 2005

· Sharon L. Levine is quoted in an article about a federal bankruptcy judge allowing Aloha Airlines to impose a temporary 10 percent pay cut on the airline's mechanics unit., Honolulu Star Bulletin, March 9, 2005

Affiliations

· New Jersey State Bar Association
- Debtor/Creditor Section

· American Bar Association
- Business Law Section

· Essex County Bar Association
- Debtor/Creditor Section

· Federal Bar Association
- New Jersey Chapter

· Turnaround Management Association of (NJTMA)
- Board of Trustees
- Women's Committee

· American Bankruptcy Institute (ABI)
- Trade Committee Education Chair

· State Theatre Regional Art Center at New Brunswick
- Board of Trustees

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Sharon L. Levine

Allen B. Levithan (Member) born 1946; admitted to bar, 1972, New Jersey. Education: Lafayette College (A.B., magna cum laude, 1968) Phi Beta Kappa; Harvard Law School (J.D., cum laude, 1971).

Allen B. Levithan has more than 30 years of experience in matters involving business planning, mergers and acquisitions, securities regulation and partnership and limited liability company law. Mr. Levithan is listed among The Best Lawyers in America in the corporate law, leveraged buyouts and private equity law, mergers & acquisitions law, and private funds law sections of the publication. He was also featured in the 2005, 2006, 2007, 2008 and 2009 issues of Super Lawyers in the Securities and Corporate Finance section of the publication.

Mr. Levithan is Lowenstein Sandler's General Counsel and past Chair of the Firm's Investment Management Practice Group. He is the immediate past Chair of the Firm's Corporate Department. His practice has focused upon a diverse range of areas, including:

· Initial structuring and funding of business organizations

· Mergers and acquisitions

· Private and public securities offerings

· Structuring employment relationships and compensation programs

· Advising hedge funds, broker-dealers, investment advisors and investment bankers

· Advising closely held and public companies

· Joint ventures and complex commercial transactions

Clerkships

· New Jersey Supreme Court, Honorable Joseph Weintraub

Affiliations

· President, Jewish Family Service of MetroWest (1981-1984)

· New Jersey State Bar Association

· American Bar Association

Allen B. Levithan has more than 30 years of experience in matters involving business planning, mergers and acquisitions, securities regulation and partnership and limited liability company law. Mr. Levithan is listed among The Best Lawyers in America in the corporate law, leveraged buyouts and private equity law, mergers & acquisitions law, and private funds law sections of the publication. He was also featured in the 2005, 2006, 2007, 2008 and 2009 issues of Super Lawyers in the Securities and Corporate Finance section of the publication.

Mr. Levithan is Lowenstein Sandler's General Counsel and past Chair of the Firm's Investment Management Practice Group. He is the immediate past Chair of the Firm's Corporate Department. His practice has focused upon a diverse range of areas, including:

· Initial structuring and funding of business organizations

· Mergers and acquisitions

· Private and public securities offerings

· Structuring employment relationships and compensation programs

· Advising hedge funds, broker-dealers, investment advisors and investment bankers

· Advising closely held and public companies

· Joint ventures and complex commercial transactions

Clerkships

· New Jersey Supreme Court, Honorable Joseph Weintraub

Affiliations

· President, Jewish Family Service of MetroWest (1981-1984)

· New Jersey State Bar Association

· American Bar Association

Practice Areas: Corporate; Corporate Finance & Securities; Investment Management; Mergers & Acquisitions.Email: Allen B. Levithan

Michael David Lichtenstein (Member) born 1966; admitted to bar, 1992, Connecticut and New Jersey; 1993, New York. Education: Brandies University (B.A., magna cum laude, 1988); University of Pennsylvania School of Law (J.D., cum laude, 1991).

Michael David Lichtenstein represents business and industry in civil litigation involving environmental, insurance and commercial problems. He is universally known, by both clients and adversaries, as a "practical lawyer" who achieves results without the rancor often associated with big case litigation.

Mr. Lichtenstein has a broad range of litigation experience in the fields of environmental cost recovery, insurance recovery, mass tort defense, defense of federal and state environmental enforcement actions, and disputes arising from the purchase/sale of contaminated property. He has successfully negotiated settlements with federal and state agencies for the cleanup of contaminated property, and is experienced in handling complex issues involving environmental contamination and bankruptcy. In addition to his environmental experience,

Mr. Lichtenstein has successfully litigated cases involving complex commercial transactions, business torts, and in the past 20 years, represented numerous corporate policyholders in insurance coverage disputes, the majority of them seeking to recover costs incurred to investigate and remediate contaminated property.

Mr. Lichtenstein is an active member of the Toxic Torts and Environmental Law Committee of the American Bar Association's Tort, Trial and Insurance Practice Section; has served as a visiting lecturer at the Rutgers University School of Law in Newark, New Jersey teaching a seminar in Toxic Torts; and has authored or co-authored numerous articles in the environmental and insurance coverage field. He routinely speaks on environmental and insurance topics, and has chaired the New Jersey Institute for Continuing Legal Education's Corporate Counsel Institute for the past five years.

Mr. Lichtenstein embraces Lowenstein Sandler's commitment to pro bono work and community service. He is an active participant and board member of several charitable organizations that provide legal and social services to victims of domestic violence in New Jersey. Mr. Lichtenstein is the immediate past co-chair of the Lowenstein Sandler Insurance Practice Group, recently succeeded by his partner and friend, Lynda Bennett.

Publications

· Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees and Independent Consultants
Metropolitan Corporate Counsel, September 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Notable Case Developments In Food Insurance Law
Law360, August 29, 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Food Insurance Law: Notable Case Developments
Insurance Law Client Alert, August 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees, and Independent Consultants
Insurance Law Client Alert, July 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· New Jersey Federal Court Denies Coverage Under Cost Cap and Pollution Legal Liability Policies
Insurance Law Client Alert, April 2011
Robert Chesler, Michael Lichtenstein

· Hedge, PE and VC Funds, Be Warned: Insurance Companies Disclaim Coverage
Insurance Law and Investment Management Client Alert, March 2011
Robert Chesler, Michael Lichtenstein, Peter Greene

· Review of 2010 Case Law on D&O Insurance Coverage
Insurance Law Client Alert, February 2011
Robert Chesler, Michael Lichtenstein, Joseph Jean

· Running For Cover, Not For Coverage
Law360, October 18, 2010
Robert Chesler, Michael Lichtenstein

· Wheel In The Sky Keeps On Turning
Mealey's Litigation Report: Construction Defects Insurance, August 2010
Robert Chesler, Michael Lichtenstein

· Key Recent Insurance Coverage Decisions
New Jersey Law Journal, June 7, 2010
Robert Chesler, Michael Lichtenstein

· Survey of Recent D&O Insurance Case Law
Insurance Law Client Alert, January 2010
Robert Chesler, Michael Lichtenstein

· The Intersection of Data Breach and D&O Exposure
Insurance Law Client Alert, December 29, 2009
Robert Chesler, Michael Lichtenstein

· New Jersey Appellate Division Estops Insurers From Denying Coverage Based on Faulty Reservations of Rights
Insurance Law Client Alert, May 8, 2009
Robert Chesler, Michael Lichtenstein

· New Jersey Court Expansively Interprets Term "Physical Damage" in Property Policy
Insurance Law Client Alert, May 2009
Robert Chesler, Michael Lichtenstein

· States Continue to Lead in the Absence of Federal Action to Address Climate Change
EnergyLaw 360, February 2009
Michael Lichtenstein, James Stewart

· AIG: Time to Evaluate, Not Panic
Insurance Law Client Alert, September 19, 2008
Robert Chesler, Michael Lichtenstein

· Environmental Financial Disclosures: Public Disclosure of Environmental Liabilities and the Potential Impact of Global Warming
Bloomberg Law Reports, September 2008
Michael Lichtenstein

· Claim Denied Newsletter
Claim Denied Alert, July 2008
Robert Chesler, Michael Lichtenstein

· Regulating Climate Change: A Summary of Federal and State Action
The Metropolitan Corporate Counsel, April 2008
Michael Lichtenstein

· Insurance Coverage for In-house Counsel
Focus, a newsletter of the Association of Corporate Counsel New Jersey Chapter, February 11, 2008
Michael Lichtenstein

· Insurance Coverage for In-House Counsel
Insurance Law Client Alert, January 2008
Robert Chesler, Michael Lichtenstein

· New Jersey Adopts Global Warming Response Act What It Means to You
Environmental Law & Litigation Group Alert, July 2007
James Stewart, Michael Lichtenstein, Norman Spindel

· Does Your Hospital Have Environmental Compliance Issues?
of Healthcare Risk Management of New Jersey News, Summer 2005
James Stewart, Michael Lichtenstein

· Contribution Confusion Redux
Environmental Alert, January 2005
Michael Lichtenstein

· GAO Reviews SEC Environmental Disclosures
Environmental Law Alert, August 2004
Michael Lichtenstein

· Contribution Confusion: The Supreme Court Is Set To Decide When A CERCLA Contribution Claim Can Be Made
The Metropolitan Corporate Counsel, April 1, 2004
Michael Lichtenstein

· Getting a Handle on the Unmanageable
New Jersey Law Journal, April 29, 2002
Michael Lichtenstein, Gavin Rooney

· The New Jersey Department of Environmental Protection Pulls Environmental Justice Regulations
Environmental Law Alert, April 2002
Michael Lichtenstein

· Mold Contamination of Mortgaged Property a New and Significant Legal Issue for Lenders
Mortgage Lending Alert, March 2002
Michael Lichtenstein, James Stewart

· The Emerging Tort of Insurer Bad Faith
Claim Denied Insurance Coverage Newsletter, November 1998
Michael Lichtenstein

E-Sources

· The Lowenstein Sandler Insurance Claims Handling Guide
Insurance Coverage Group, 2011
Robert Chesler, Michael Lichtenstein

· New Jersey Environmental Law Handbook
Government Institutes, 7th Edition, September 2001
Norman Spindel, Michael Dore, Michael Lichtenstein, Richard F. Ricci, James Stewart

Press Mentions

· Michael Lichtenstein discusses the resources available, including pro bono legal services, to women who are victims of domestic violence., The Star Ledger, December 23, 2007

Clerkships

· U.S. District Court, Eastern District of Pennsylvania, Honorable Donald W. VanArtsdalen (retired)

Affiliations

· American Bar Association

· New Jersey State Bar Association

· New York State Bar Association

· Connecticut State Bar Association

Practice Areas: Commercial & Business Litigation; Environmental Law & Litigation; Insurance Coverage; Litigation; Products & Specialty Torts.Email: Michael David Lichtenstein

Michael T. G. Long (Member) admitted to bar, 2004, New Jersey and New York. Education: Boston College (B.A., 2000); Seton Hall University School of Law (J.D., summa cum laude, 2004) Order of the Coif, Senior Articles Editor, Seton Hall Law Review.

Michael Long is a Member in Lowenstein Sandler's Litigation Department, White Collar Criminal Defense Practice Group, Appellate Practice Group, Antitrust Practice Group, and Business Divorce Practice Group. Mr. Long has represented clients in a wide variety of white collar criminal matters involving allegations of antitrust and international cartel violations, tax evasion, mail and wire fraud, health care fraud, bribery and public corruption, and perjury and obstruction of justice. Mr. Long also has conducted numerous internal investigations and has represented professional clients in licensing matters. His practice also includes complex civil litigation and appellate matters, such as environmental remediation actions, construction litigation, insurance coverage matters, and regulatory proceedings. His clients are drawn from an array of industries, including life sciences, financial services, construction, engineering, transportation, and real estate development, among others. Mr. Long also has extensive experience counseling corporate and individual clients with regard to campaign contribution regulations, with particular expertise handling "pay to play" compliance and enforcement matters. In 2012, 2011 and 2010, he was recognized as a Rising Star by Super Lawyers magazine.

In addition to his litigation practice, Mr. Long currently serves as an Associate Editor of DiversityisNatural.com, a firm-sponsored online publication dedicated to diversity-related topics in the legal profession. He is also a member of Lowenstein Sandler's Alumni Initiatives Committee, which is charged with implementing the firm's alumni outreach programs, including continuing legal education and networking events.

Prior to joining the firm, Mr. Long served as a judicial law clerk to the Honorable James R. Zazzali of the New Jersey Supreme Court.

Speaking Engagements:

· "Pay to Play: Five Questions Every Company Needs to Consider to Help Ensure Ethical Compliance," NJCCA Spring Cocktail Reception and Ethics Program, Cedar Grove, New Jersey, May 2011 (Panel Member)

· "Public Contracts and Procurement Regulations Seminar in New Jersey: Requirements of Pay to Play," Lorman Education Services, Parsippany, New Jersey, February 2010 (Speaker)

· "Public Contracts and Procurement Regulations Seminar in New Jersey: Requirements of Pay to Play," Lorman Education Services, Parsippany, New Jersey, January 2010 (Speaker)

· "Requirements of Pay to Play," Utility & Transportation Contractors Association, Manasquan, New Jersey, May 2009

· "Public Contracts and Procurement Regulations Seminar in New Jersey: Requirements of Pay to Play," Lorman Education Services, Parsippany, New Jersey, January 2009 (Speaker)

Publications

· New California Law Requires Placement Agents and Some Investment Advisers to Register as Lobbyists
Investment Management Client Alert, December 16, 2010
Michael Long, David Goret, Scott Moss, Laura Michalak

· SEC "Pay to Play" Rules Restrict Political Contributions by Investment Advisers
Investment Management Client Alert, July 22, 2010
Scott Moss, David Goret, Michael Long, Cole Beaubouef, Gal Davidovitch

· Effective November 7, 2009: New York Investment Advisers Subject to New "Pay-to-Play" Rules
Lowenstein Sandler PC Client Alert, November 2009
Michael Long

· An Ounce of Prevention: Lessons Learned from Recent Enforcement Actions in the Pharmaceutical and Medical Device Industry
Mealey's Emerging Drugs and Devices, April 2, 2009
Michael Long

· Read This Before Making Your Next Political Contribution: Pay-to-Play Legislation Expanded
New Jersey Law Journal, November 17, 2008
Michael Long

· Read This Before Making Your Next Political Contribution: Pay to Play Legislation Expanded
Lowenstein Sandler PC Client Alert, October 2008
Michael Long

· Pay-to-Play Deadline Nears
New Jersey Law Journal, September 24, 2007
Michael Long

· Pay to Play Deadline: Many Businesses With New Jersey Government Contracts Must File Disclosure Statements By September 28, 2007
Lowenstein Sandler PC Client Alert, September 2007
Michael Long

· The Replying Game: Making the Case for Adopting the Fifth Circuit's Use of Particularized Replies in Section 1983 Actions
Seton Hall Law Review, Volume 37, Issue 1, Fall 2003
Michael Long

Press Mentions

· In New Jersey Law Journal, Millburn-Short Hills Patch and Citybizlist.com articles, Lowenstein Sandler's election of Richard Bernstein, Richard J. Horne, Michael T.G. Long and Matthew A. Magidson to Members of the Firm is highlighted., New Jersey Law Journal, Millburn-Short Hills Patch, Citybizlist.com, January 2012

· James Stewart comments on how including a photo of a phone booth-sized cage used to hold mentally ill inmates in California with the amicus brief he prepared with Kenneth Zimmerman, Catherine Weiss and Michael Long, helped influence the U.S. Supreme Court's decision in Brown v. Plata. The decision requires California prisons to eliminate unconstitutional conditions by reducing critical and dangerous overcrowding., New Jersey Law Journal, May 27, 2011

· Scott Moss and Michael Long discuss new regulations barring contingent compensation arrangements for placement agents who seek investments by certain public pension funds., The Hedge Fund Law Report, April 21, 2011

Events

· April 11, 2012
Public Contracts and Procurement Regulations

Affiliations

· American Bar Association

· New Jersey State Bar Association

· New York State Bar Association

Practice Areas: Appellate; Business Divorce; Investment Management; Life Sciences; Litigation; White Collar Criminal Defense.Email: Michael T. G. Long

Matthew A. Magidson (Member) born 1971; admitted to bar, 1998, Texas; District of Columbia; New Jersey. Education: Washington University (B.S., Business Administration, 1993); University of Minnesota (M.B.A., Finance, 1994); Georgetown University Law Center (J.D., cum laude, 1998) Editorial staff member, The Tax Lawyer.

Matthew A. Magidson is Chair of Lowenstein Sandler's Derivatives Practice Group and a member of the Investment Management Group, which was selected as one of the preeminent practices in the United States for its representation of hedge funds and other private funds (2011 and 2010) and derivatives/private equity work (2011) by Best Law Firms, published by U.S. News and Best Lawyers. Mr. Magidson has more than twelve years of experience negotiating derivatives transactions and trading agreements for hedge funds, corporate end-users, and broker-dealers. Prior to joining the firm, he served as Associate General Counsel at Smith Breeden Associates, Inc. in Chapel Hill, NC, (2005 to 2008) where he focused his practice on negotiating ISDA Master Agreements, Credit Support Annexes, Repurchase and Global Master Repurchase Agreements, Securities Lending Agreements, Prime Brokerage Agreements, and Master Trade Confirmations; processing OTC derivative confirmations; as well as reviewing and negotiating leveraged loan investments, vendor agreements, and advising on new products. Previously, he was Vice President, Fixed Income at Wachovia Bank, N.A. in Charlotte, NC, (2002 to 2005) where he worked with hedge funds, investment advisors, and large corporate end-users. Mr. Magidson began his legal practice as an associate at Kelly, Hart and Hallman in Fort Worth, TX (1998 to 2000) and then joined Haynes Boone as a Business Transaction Associate (2000 to 2002).

Speaking Engagements:

· Co-panelist, MFA Networking 2012, "Institutional Investor Operational Due Diligence of Hedge Funds" January 29-31, 2012

· Co-panelist, FX Week USA, "Central Clearing, Settlement and Operational Risk New Requirements" July 12, 2011, New York City

· Benchmarking Workshop Leader, "Negotiating and Tailoring Your ISDA Documentation Under the New Regulatory Landscape" February 1, 2011, New York City

· Co-panelist, ACI's Reform and Regulation of Derivative Transactions, "Evaluating the Use of Derivatives by Hedge Funds and Other Pooled Investment Vehicles" January 31, 2011, New York City

· Co-panelist, Managed Funds Association, "Gaining Clarity on OTC Derivatives Clearing Reforms" October 27, 2010, New York City

· Moderator, ExecSense Webinars "Focusing on the Dodd-Frank Act: How it Applies to Derivatives and the Volcker Rule- What Banking Lawyers Need to Know" October 15, 2010

· Co-panelist, Lowenstein Sandler Webinar Series, "The Wall Street Transparency and Accountability Act of 2010: What This Law Will Mean to Hedge Funds That Trade OTC Derivatives- Webcast," October 12, 2010

· Co-panelist, IvyPlus Fund Manager Business Development Conference - Capital Raise and Compliance Agenda, "The Compliance and Regulatory Environment for Fund Managers," June 15, 2010

· Co-panelist, Understanding the ISDA Master Agreements Conference, "Negotiating the Schedule to the 2002 ISDA Master Agreement," November 10, 2009

· Co-panelist, Lowenstein Sandler webcast, "Trading Best Practices and Legislative Initiatives," August 5, 2009

· Co-panelist, Lowenstein Sandler Roundtable, "Protecting Collateral Against Bank Insolvency Risk," New York, NY, November 8, 2008

Publications

· Learning Curve: Negotiating Section 2(a)(iii) In The ISDA Master
Derivatives Week, March 28, 2011
Matthew Magidson, Joanna Miller-Suna, Melissa Sullivan

· Derivatives: One Key Focus of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Metropolitan Corporate Counsel, September 2010
Matthew Magidson

· It's time to Adhere to the Protocol
Investment Management/Derivatives Client Alert, September 1, 2010
Matthew Magidson, Richard Horne, Christine Boyle, Karen R. Abraham, Melissa Sullivan

· Learning Curve: Hedge Funds and The Wall Street Act - Part 2
Derivatives Week, July 26, 2010
Matthew Magidson, Karen R. Abraham, Christine Boyle, Melissa Sullivan

· Learning Curve: Hedge Funds and The Wall Street Act - Part 1
Derivatives Week, July 19, 2010
Matthew Magidson, Karen R. Abraham, Christine Boyle, Melissa Sullivan

· Wall Street Transparency and Accountability Act of 2010: What This Law Would Mean to Hedge Funds That Trade Derivatives
Derivatives Client Alert, July 9, 2010
Matthew Magidson

· Learning Curve: OTC Reform and What It Could Mean for Hedge Funds
Derivatives Week, January 11, 2010
Matthew Magidson, Christine Boyle

· OTC Derivatives Regulatory Reform: What This Could Mean to Hedge Funds
Investment Management Client Alert, December 18, 2009
Matthew Magidson, Christine Boyle

· Enforceability of Triangular Setoff Rights In Safe Harbor Contracts - Still An Open Question? Part 2
Derivatives Week, June 29, 2009
Bruce Nathan, S. Jason Teele, Matthew Magidson

· Enforceability of Triangular Setoff Rights In Safe Harbor Contracts - Still An Open Question? Part 1
Derivatives Week, June 22, 2009
Bruce Nathan, S. Jason Teele, Matthew Magidson

· The Big Bang: Major Changes in the Governance Provisions for CDS Transactions
Derivatives Financial Products Report, May 2009
Matthew Magidson, Richard Bernstein

· Federal Regulation of the OTC Derivatives Market Takes Shape
Investment Management/Derivatives Alert, May 15, 2009
Matthew Magidson

· THE BIG BANG: Adherence Period Opens for CDS Market Participants to Elect New CDS Governance Provisions
IM/Derivatives Client Alert, March 11, 2009
Richard Bernstein, Matthew Magidson

· Comparing Credit Default Swaps to Insurance Contracts: Did the New York State Insurance Department Get It Right?
Futures and Derivatives Law Report, December 2008
Matthew Magidson

· Limited Time for Holders of Lehman Brothers Credit Default Swaps to Participate in ISDA Settlement Protocol
Investment Management Alert, October 5, 2008
Richard Bernstein, Matthew Magidson

Press Mentions

· In a New York Law Journal article, Lowenstein Sandler's election of Richard Bernstein and Matthew A. Magidson to Members of the Firm is highlighted., New York Law Journal, January 9, 2012

· Matthew Magidson comments on the impact that derivatives trading rules, set to be finalized in 2012, will have on the marketplace., Bloomberg Derivatives Law Report, January 9, 2012

· In New Jersey Law Journal, Millburn-Short Hills Patch and Citybizlist.com articles, Lowenstein Sandler's election of Richard Bernstein, Richard J. Horne, Michael T.G. Long and Matthew A. Magidson to Members of the Firm is highlighted., New Jersey Law Journal, Millburn-Short Hills Patch, Citybizlist.com, January 2012

· Matthew Magidson comments on the benefits of establishing a protocol for the global swaps market to respond to a partial or full dissolution of the euro., The Wall Street Journal, December 16, 2011

· Matthew Magidson comments on legal challenges in the derivatives section of the Dodd-Frank Act in light of an increase in lawsuits seeking relief from Dodd-Frank rules., Risk.net, October 3, 2011

· Matthew Magidson comments on how technology may affect derivatives trading in light of Sunil Hirani's new venture aiming to trade interest rate swaps electronically., The Wall Street Journal, August 2, 2011

· Matthew Magidson comments on the Commodity Futures Trading Commission's delay of the implementation of the Dodd-Frank Act for over-the-counter swaps rules. The delay could give some end users the opportunity to make private claims against swaps dealers to nullify transactions that may not comply with the law., Derivatives Week, June 21, 2011

· Matt Magidson comments on the effects the European Union's proposed legislation could have on the shorting strategies used by a large number of hedge funds., Hedge Funds Review, April 4, 2011

· Matthew Magidson discusses trading in General Motors Co.'s credit-default swaps during a segment of Bloomberg Television's "Bottom Line.", Bloomberg Television's Bottom Line, February 28, 2011

· In a Wall Street Journal article about General Motors' credit default swaps, Matthew Magidson comments on the strategy of buying credit default protection on an entity that does not have outstanding bonds., Wall Street Journal, February 28, 2011

· Matthew Magidson comments on whether provisions for trading with special entities in the Dodd-Frank Act will apply to hedge funds., Derivatives Week, February 24, 2011

· Matthew Magidson comments on the Commodity Futures Trading Commission's proposed rule which would mandate that valuation methodologies be fixed at the beginning of a trade and not be updated during the life of the trade to account for changing market conditions or new valuation methodologies., Derivatives Week, February 16, 2011

· Matthew Magidson comments on how new CFTC documentation rules could lead to changes in standardized global derivative agreements., Markets Media, January 24, 2011

· Matthew Magidson comments on the implementation of the Volcker rule, a proposed ban on proprietary trading required under section 619 of the Dodd-Frank Wall Street Reform and the Consumer Protection Act., Risk.net, January 21, 2011

· In a Law360 article, Matthew Magidson comments on the SEC and CFTC's proposal to define swaps dealers and swap participants under the Dodd-Frank Act., Law 360, January 1, 2011

· In a Law360 article, Matthew Magidson comments on changes the new Republican majority in the U.S. House of Representatives may make to the Dodd-Frank Wall Street Reform and Consumer Protection Act., Law360, November 3, 2010

· Matthew Magidson comments on the possibility of forming smaller hedge fund firms to stay under the regulatory barriers of the Dodd-Frank Act., Compliance Reporter, September 27, 2010

· Matthew Magidson comments on the prospect of states and government bodies being allowed to invest in private placements, including structured notes., Derivatives Week, September 13, 2010

· Matthew Magidson comments on states' ability to regulate swaps., Derivatives Week, August 2, 2010

· Matthew Magidson comments on how the swaps desk spin-off provision in the U.S. Dodd-Frank bill may make derivatives trading too expensive for sellsiders outside the big five., Derivatives Week, July 5, 2010

· Matthew Magidson comments on the implications of the Dodd-Frank Act, which states banks will have two years to move credit default swaps, equity derivatives and certain other OTC derivatives to a subsidiary that is separately capitalized., Structured Credit Investor, June 25, 2010

· Matthew Magidson comments on Democratic Senator Blanche Lincoln's proposal to allow banks to keep parts of their over-the-counter derivatives operations., Dow Jones Factiva, June 14, 2010

· Matthew Magidson comments on section 716 of the Senate bill on financial reform, which covers the spinning-off of banks' derivatives portfolios., IFLR, May 28, 2010

· Matthew Magidson comments on the recently passed Senate financial bill and its implications for derivatives market participants., Les Echos, May 25, 2010

· Matthew Magidson comments on the implications of the Senate Democrats' deal to regulate over-the-counter derivatives for banks., WallStreetJournal.com, April 28, 2010

· Matthew Magidson comments on the need for an exemption from mandatory clearing for end-users in Senator Chris Dodd's proposed reform bill., Derivatives Week, April 9, 2010

· Matthew Magidson comments on the increase in requests by counterparties for ratings based termination event clauses in derivatives documentation., Derivatives Week, March 10, 2010

· Matthew Magidson comments on the use of restructuring to trigger CDS payments., Reuters, November 17, 2009

· Matthew Magidson comments on the International Swaps and Derivatives Association's (ISDA) newly introduced Big Bang protocol and ISDA's ongoing attempts to standardize the Credit Default Swaps market., Risk Magazine, June 22, 2009

Events

· June 25-26, 2012
HFM US Operational Leaders Summit

(Also at New York, New York Office). Practice Areas: Capital Markets Litigation; Corporate; Derivatives and Structured Products; Investment Management; Mortgage Banking & Finance.Email: Matthew A. Magidson

Robert G. Minion (Member) born 1961; admitted to bar, 1986, New Jersey; 1987, New York. Education: Cornell University (A.B., with distinction in all subjects, 1983); Stanford Law School (J.D., 1986).

Robert G. Minion is one of America's leading lawyers. He has 25 years of experience in all aspects of corporate and business law, with an emphasis in securities law, investment partnerships, mergers and acquisitions and related corporate transactions. Mr. Minion is recognized by numerous "best of" legal publications, including Chambers USA: America's Leading Lawyers for Business, Woodward/White, Inc.'s The Best Lawyers in America, The Legal 500, Lawdragon 500 Leading Lawyers in America and Super Lawyers.

Robert G. Minion leads Lowenstein Sandler's Investment Management Group, which was selected as one of the preeminent practices in the United States for its representation of hedge funds and other private funds (2011 and 2010) and derivatives/private equity work (2011) by Best Law Firms, published by U.S. News and Best Lawyers. Mr. Minion leads all types of investment, investment fund, capital formation and corporate finance transactions (including mergers and acquisitions, venture capital, and public and private securities offerings) for clients throughout the United States and internationally.

Mr. Minion is a noted author and lecturer on corporate law, securities transactions and investment management. Many of his transactions have been published in, and he has been quoted in or provided commentary for, among others, The Wall Street Journal, The New York Times, The American Lawyer, The Deal and a variety of other publications. In addition, he is the editor of the Lowenstein Sandler Investment Management Alert, a newsletter covering legal issues for the investment management community.

Mr. Minion has served as an Adjunct Professor at Rutgers University School of Law, teaching Securities Law and Regulation. He has served as the Chairperson of the Corporate Law Committee of the Essex County Bar Association. He chaired the National Business Institute Seminar on Negotiating and Drafting Acquisition Agreements, co-chaired The Institute for Continuing Legal Education Sale of Businesses Program, and the Summit Series on Unlocking Shareholder Value. He chairs the Annual Lowenstein Sandler Investment Management Forum and is a frequent speaker at investment industry programs, including The United States Securities and Exchange Commission's International Institute for the Regulation and Inspection of Investment Advisers, The New York Hedge Fund Regulation and Compliance Forum, and The Dow Jones & Co. Investment Adviser Regulation. In addition, Mr. Minion serves on the MFA Legal Advisory Forum, the Legal Committee of The Wall Street Hedge Fund Forum and many other professional associations.

Mr. Minion has completed hundreds of fund organizations, mergers, acquisitions, and corporate finance transactions, many of which have multi-billion dollar transaction values. He represents a large number of domestic and offshore investment funds, with aggregate assets under management in excess of $50 billion, as well as many large publicly traded and privately held business corporations. His clients are leading national and international investment managers, corporations and other businesses, all of whom look to Mr. Minion for his experienced and seasoned legal advice.

(Also at New York, N.Y. Office). Practice Areas: Corporate; Corporate Finance & Securities; Investment Management; Mergers & Acquisitions; Private Equity & Mezzanine Financing.Email: Robert G. Minion

Scott H. Moss (Member) born 1976; admitted to bar, 2001, New Jersey; 2002, New York. Education: Bentley College (B.S., magna cum laude, 1998); Seton Hall University School of Law (J.D., magna cum laude, 2001) Notes Editor, Seton Hall Law Review.

Scott H. Moss is a partner in Lowenstein Sandler's Investment Management Group, which was selected as one of the preeminent practices in the United States for its representation of hedge funds and other private funds (2011 and 2010) and derivatives/private equity work (2011) by Best Law Firms, published by U.S. News and Best Lawyers. Scott is a key member of the 'hardworking, responsive and creative' six-partner team at Lowenstein Sandler PC, considered by clients to be 'one of the best teams of hedge fund attorneys' according to the Legal 500. He also leads the firm's Regulatory and Compliance sub-practice.

Mr. Moss' extensive experience includes representing offshore and domestic hedge funds, private equity funds, investment advisers, broker-dealers and CPO/CTAs in fund formation and structuring, securities regulation, mergers and acquisitions and other financial transactions. Mr. Moss also advises on general corporate matters and agreements among financial professionals, such as placement agent agreements, operating agreements and partnership agreements.

Mr. Moss focuses in the areas of investment management, private fund formation, and compliance. He assists clients with: implementing comprehensive compliance programs and integrating them into day to day activities that further the client's business goals, employee training, identifying and correcting potential compliance weaknesses and liability exposure, and developing long-range plans to implement and ensure ongoing compliance with all existing and emerging regulations. Mr. Moss is highly respected by his industry peers for his depth of regulation and compliance knowledge.

Some of Scott's recent representative matters and counsel have included:

· Advising domestic and offshore hedge funds, private equity funds and other pooled investment vehicles regarding structure, formation and ongoing operational issues;

· Advising fund managers and other investment advisers with respect to SEC and state regulatory issues and compliance-related matters; and

· Broker-dealer regulation and CTA/CPO compliance.

Mr. Moss is a prominent author and lecturer on corporate law, securities transactions and investment management. He has been published in The Wall Street Journal, The Compliance Reporter, Bloomberg Law Reports, The Hedge Fund Law Report and a variety of other publications. Mr. Moss is a part-time lecturer at Rutgers School of Law, Hedge Funds and Investment Adviser Seminar, and is also on the Lawyer's Advisory Committee for the Managed Funds Association and on the IA Legal & Regulatory Subcommittee of the National Society of Compliance Professionals.

Recent Speaking Engagements:

· Host and Co-presenter, Lowenstein Sandler and ACA Compliance Group, "NYC CCO Roundtable," March 6, 2012

· Presenter, NYSSA Members Meeting, "Compliance and Regulatory Update," November 16, 2011

· Co-presenter, Lowenstein Sandler/ALaS Consulting, "Webinar on Dodd-Frank Title IV Changes: A New Era of Compliance - An Opportunity for Growth," Fierce Markets, June 15, 2011

· Co-panelist, NJCCA Spring Cocktail Reception and Ethics Program, "Pay to Play: Five Questions Every Company Needs to Consider to Help Ensure Ethical Compliance," May 12, 2011

· Co-panelist, Lowenstein Sandler/ACA Compliance Group Webinar with Cerberus Capital Management, L.P., "Investment Adviser Registration, Regulatory and Compliance Issues Affecting the Hedge Fund Community," February 24, 2011

· Co-presenter, Lowenstein Sandler/Rothstein Kass Webinar, "Webinar on Regulatory, Compliance, Investment Advisor Registration and Tax Legislation Issues Affecting the Private Investment Community," February 10, 2011

· Co-panelist, The Private Equity International, "CFOs and COOs Forum - Countdown to SEC Registration" January 20-21, 2011, New York City

· Co-panelist, Financial Research Associates, "Hedge Fund Compliance Summit - A Look at the Current Regulatory Landscape and Other New Developments" November 15, 2010, New York City

· Co-panelist, Financial Research Associates "Private Equity Compliance and Registration Best Practices - Webcast," FRA Webinar Series, November 10, 2010

· Co-panelist, Infovest21, "Morning Investor Seminar: Choices and Challenges for Foundations/Family Offices - Re-Defining the Family Office" October 21, 2010, New York City

· Co-panelist, "The Regulatory, Compliance and Tax Environment for Fund Managers - Webcast," Lowenstein Sandler/Thomson West Legal Webinar Series, September 28, 2010

· Panelist, "Marketing and Advertising Activities - Emerging Issues and Opportunities," Regulatory and Compliance Association - US Centric Simulcast, July 28, 2010

· Speaker, "Adapting to Increased Investor Demands with Regard to Fund Operations and Management," ACI's 6th National Advanced Forum on Regulation and Enforcement of Hedge Funds & Investment Advisers, June 25, 2010

· Co-panelist, "The Compliance and Regulatory Environment for Fund Managers," IvyPlus Fund Manager Business Development Conference - Capital Raise and Compliance Agenda, June 15, 2010

· Co-panelist, "Private Equity in a Changing Market," Eisner, LLP, January 28, 2010

· Co-panelist, Lowenstein Sandler webcast, "Trading Best Practices and Legislative Initiatives," August 5, 2009

· Co-panelist, West Legalworks' webcast, "CSX Corporation v. The Children's Investment Fund Management: The Implications for Beneficial Ownership Determinations," Scott Moss, July 22, 2008

· "Compliance Outsourcing" - CCO University Outreach Series, Scott Moss, March 26, 2008

Publications

· President Signs Jumpstart Our Business Startups Act: Certain Restrictions on Marketing Private Funds Eased
Investment Management Client Alert, April 2012
Scott Moss, George Danenhauer, Cole Beaubouef

· CFTC Issues Final Rules Amending Registration and Compliance Obligations for CPOs and CTAs
Investment Management Client Alert, February 2012
Scott Moss, Cole Beaubouef, George Danenhauer

· Registration of Related Entities of a Registered Investment Adviser - SEC Issues No-Action Letter Interpretive Guidance
Investment Management Client Alert, January 25, 2012
Scott Moss, George Danenhauer, Cole Beaubouef

· Dodd-Frank Act Rulemaking - SEC and CFTC Release Joint Final Rules Relating to Form PF
Investment Management Client Alert, November 2011
Scott Moss, George Danenhauer, Cole Beaubouef

· Reminder: Rule 13h-1 (The Large Trader Reporting Rule) Compliance Date Is December 1, 2011; Effective Date Was October 3, 2011
Metropolitan Corporate Counsel, November 2011
Scott Moss, Cole Beaubouef

· Dodd-Frank Act Rulemaking: SEC Approves Final Version of Form PF
Investment Management Client Alert, October 2011
Scott Moss, George Danenhauer, Cole Beaubouef

· Reminder: Rule 13h-1 (the Large Trader Reporting Rule) Compliance Date is Dec. 1, 2011; Effective Date Was Oct. 3, 2011
Investment Management Client Alert, October 2011
Scott Moss, Cole Beaubouef

· Dodd-Frank Rulemaking: SEC Releases Final Rules Clarifying Certain Registration Exemptions, Planning for Transition of Mid-Sized Investment Advisers
Investment Management Client Alert, September 2011
Scott Moss, Cole Beaubouef

· New FINRA Rule 1230(b)(6): Operations Professionals Must Register and Pass an Examination
Investment Management Client Alert, July 26, 2011
Scott Moss, Douglas Cohen

· Preparing to Register Ops Professionals
Compliance Reporter, July 25, 2011
Scott Moss, Douglas Cohen

· Dodd-Frank Act Rulemaking - SEC Issues Order Adjusting Dollar Amount Thresholds For Qualified Client Rule Under the Advisers Act
Investment Management Client Alert, July 19, 2011
Scott Moss, Marie DeFalco, David Goret, Cole Beaubouef

· Dodd-Frank Act Rulemaking: SEC Releases Final Rules Relating to Registration and Oversight of Investment Advisers
Investment Management Client Alert, June 2011
Scott Moss, Cole Beaubouef

· FINRA Rule 5131: Spinning and Market Orders Provisions Delayed to September 26, 2011
Investment Management Client Alert, May 25, 2011
Marie DeFalco, Scott Moss, Douglas Cohen

· Investors Fight Back
International Financial Law Review, May 2011
Marie DeFalco, Scott Moss, Douglas Cohen

· Dodd-Frank Act Rulemaking - SEC Proposes Revisions to "Qualified Client" Rule Under the Advisers Act
Investment Management Client Alert, May 18, 2011
Scott Moss, David Goret, Cole Beaubouef

· FINRA Rule 5131: What Fund Managers and Broker-Dealers Should Think About Before May 27, 2011
Investment Management Client Alert, April 12, 2011
Marie DeFalco, Scott Moss, Douglas Cohen

· Significant Legislative and Regulatory Developments in 2010; Q1 and Q2 2011 Checklist
Investment Management Client Alert, March 2011
Scott Moss, Cole Beaubouef, George Danenhauer

· Dodd-Frank Act Rulemaking - SEC and CFTC Release Proposed Rule Relating to Private Fund Systemic Reporting
Investment Management Client Alert, February 1, 2011
Scott Moss, David Goret, Cole Beaubouef

· Dodd-Frank Rulemaking: SEC Releases Proposed Rules Clarifying Certain Registration Exemptions and Planning for the Transition of Mid-Sized Investment Advisers
Investment Management Group, December 2010
David Goret, Scott Moss, Cole Beaubouef

· New California Law Requires Placement Agents and Some Investment Advisers to Register as Lobbyists
Investment Management Client Alert, December 16, 2010
Michael Long, David Goret, Scott Moss, Laura Michalak

· Dodd-Frank Act Rulemaking - SEC Releases Proposed Rules Relating to Oversight of Investment Advisers
Investment Management Client Alert, November 23, 2010
David Goret, Scott Moss, Cole Beaubouef

· SEC Proposes New Definition of "Family Offices" Exempt From Advisers Act Regulation
Investment Management Client Alert, October 15, 2010
Scott Moss, Lloyd Jeglikowski

· SEC Redesigns Form ADV, Part 2: Expanded, Narrative-Style Disclosure Will Be Publicly Available on SEC Website
Investment Management Client Alert, August 6, 2010
Scott Moss, David Goret, Lloyd Jeglikowski

· SEC "Pay to Play" Rules Restrict Political Contributions by Investment Advisers
Investment Management Client Alert, July 22, 2010
Scott Moss, David Goret, Michael Long, Cole Beaubouef, Gal Davidovitch

· Dodd-Frank Bill Moves Toward Passage: Highlights of the Investment Adviser Registration Requirements, Accredited Investor Standard and the Volcker Rule
Investment Management Client Alert, July 14, 2010
David Goret, Scott Moss, Cole Beaubouef

· Financial Industry Regulatory Reform Approved by Joint Congressional Conference Committee
Investment Management Client Alert, June 25, 2010
Scott Moss, Elaine Hughes, Cole Beaubouef

· Comprehensive Financial Industry Regulatory Reform Moves Forward in the U.S. Senate
Investment Management Client Alert, May 25, 2010
David Goret, Scott Moss, Cole Beaubouef, Edward Newlands

· Financial Industry Regulatory Reform Moves Closer to Becoming a Reality
NSCP Currents, March/April 2010
Scott Moss, Edward Newlands

· SEC Releases Final Rules to Strengthen Custody Controls of Investment Advisers
Investment Management Client Alert, February 11, 2010
Scott Moss, Cole Beaubouef, Edward Newlands

· Comprehensive Financial Industry Regulatory Reform Moves Forward in the U.S. House of Representatives
Investment Management Client Alert, January 5, 2010Marie DeFalco,
Scott Moss, Cole Beaubouef, Edward Newlands

· Spotlight on Investment Adviser Registration - Obama Administration and Congress Move Forward with Regulatory Reform Agenda
Eisner Insights, November 2009
Scott Moss

· SEC and CFTC Issue Joint Report on Harmonization of Regulation
Investment Management Client Alert, October 27, 2009
Scott Moss, Cole Beaubouef

· Draft Legislation Released Regarding Investment Adviser Registration
Investment Management Client Alert, October 9, 2009
Scott Moss, Cole Beaubouef

· SEC Releases Proposed Rules Addressing Political Contributions By Certain Investment Advisers
Investment Management Client Alert, August 11, 2009
Scott Moss, Cole Beaubouef

· Financial Industry Regulatory Reforms Begin to Take Shape: What Has Happened and What It Means for Investment Management Firms and Professionals
Bloomberg Law Reports, July 2009
Scott Moss, Cole Beaubouef

· Spotlight on Investment Adviser Registration - Obama Administration Moves Forward with Regulatory Reform Agenda
Investment Management Client Alert, July 17, 2009
Scott Moss, Cole Beaubouef

· Reminder: FINRA Rule 5122 Relating to Member Private Offerings Becomes Effective June 17, 2009
Investment Management Alert, June 12, 2009
Scott Moss

· SEC Releases Proposed Rules to Strengthen Custody Controls of Investment Advisers
Investment Management Alert, May 27, 2009
Scott Moss, Cole Beaubouef

· SEC Proposes Rules to Strengthen Custody Controls of Investment Advisers
Investment Management Alert, May 19, 2009
Scott Moss, Cole Beaubouef

· Mandatory Electronic Filing of Form D Deadline is March 16, 2009
Investment Management Alert, February 26, 2009
Scott Moss

· President's Working Group on Financial Markets Releases Final Reports Concerning Best Practices for the Hedge Fund Industry
Investment Management Client Alert, February 2009
Scott Moss, Cole Beaubouef

· Investment Management Client Alert: Year-End Compliance Issues
Investment Management Client Alert, January 2009
Marie DeFalco, Scott Moss

· SEC Extends Emergency Orders Prohibiting Short Selling Activities, Reporting of Short Positions and Related Matters, Until October 17, 2008
Investment Management/Specialty Finance Alert, October 3, 2008
Steven Siesser, Scott Moss

· SEC Issues Amendments To Emergency Orders
Investment Management Alert, September 2008
Marie DeFalco, Scott Moss, Peter Greene

· SEC Issues Emergency Orders Regarding Short Selling and Issuer Repurchases
Investment Management Alert, September 2008
Marie DeFalco, Peter Greene, Scott Moss

· Equity Swaps in the Context of Section 13(d) of the Securities Exchange Act: Southern District of New York Rules in CSX Corporation v. The Children's Investment Fund Management
Investment Management Alert, June 2008
Scott Moss

· Portfolio Rebalancing: Prohibited Principal Transactions or Fair Allocations of Investment Opportunities?
The Metropolitan Corporate Counsel, January 2007
Scott Moss

· Reminder: Modified Publication Requirements For New York Limited Liability Entities
The Metropolitan Corporate Counsel, January 2007
Peter Greene, Marie DeFalco, Scott Moss

· Compliance Reminder: Marketing Practices for Hedge Fund Managers
The Metropolitan Corporate Counsel, Inc., May 2006
Scott Moss

· Using Side Pockets For Illiquid and Hard to Value Securities
MFA Reporter, May/June 2005
Scott Moss

· Registration of Advisers: What Managers of Small and Mid-Sized Hedge Funds Need to Know
HedgeWorld Daily News, April 19, 2005
Scott Moss

· SEC Releases Final Rule Requiring that Hedge Fund Advisers Register Under Investment Advisers Act
Special HedgeWorld Report on SEC Registration, December 13, 2004
Scott Moss

· Hedge Fund Offering Documents
Compliance Reporter, November 10, 2003
Scott Moss

· Proposed Audit Committee Standards For Listed Companies
Corporate Finance Alert, January 14, 2003
John Hogoboom, Steven Skolnick, Scott Moss

Press Mentions

· Scott Moss discusses the pros and cons of hedge fund managers engaging in transactions with their own hedge funds and their investors., The Hedge Fund Law Report, December 15, 2011

· Scott Moss comments on the SEC's approval of a final Form PF and the SEC's revisions from the proposed form., Hedge Funds Review, October 27, 2011

· In The Wall Street Journal's Marketwatch, Scott Moss discusses the new SEC investment adviser registration rules and hedge fund disclosure., The Wall Street Journal's Marketwatch, July 1, 2011

· Scott Moss and Michael Long discuss new regulations barring contingent compensation arrangements for placement agents who seek investments by certain public pension funds., The Hedge Fund Law Report, April 21, 2011

· Scott Moss speaks on the SEC's definition of "family office"., Infovest21's Investor Focus - Defining a Family Office, October 2010

· Scott Moss comments on the effects of a provision in the financial reform bill that requires advisers of private-equity funds and hedge funds larger than $150 million to register with the SEC., Investment News, July 25, 2010

· Scott Moss comments on Investment Advisers Act of 1940 and related compliance implications of loans from hedge funds to managers., The Hedge Fund Law Report, July 15, 2010

· Lowenstein Sandler's election of Michael Hahn, Jason Halper, Scott Moss, Ethan Skerry and S. Jason Teele as Members of the firm is highlighted., New Jersey Law Journal, January 4, 2010

Events

· June 12-13, 2012
MFA Forum 2012

Affiliations

· Part-Time Lecturer, Rutgers School of Law, Hedge Funds Seminar

· Managed Funds Association Lawyers Advisory Committee

· Member, National Society of Compliance Professionals
- IA Legal & Regulatory Subcommittee

Practice Areas: Corporate; Corporate Finance & Securities; Investment Management; Mergers & Acquisitions.Email: Scott H. Moss

Matthew M. Oliver (Member) born 1970; admitted to bar, 1997, New Jersey; 1999, New York; 1997, U.S. District Court, District of New Jersey; 2001, U.S. District Court, Southern District of New York; 2001, U.S. District Court, Eastern District of New York; 2003, U.S. Court of Appeals, Second Circuit; 2003, U.S. Court of Appeals, Third Circuit. Education: Rutgers, The State University of New Jersey (B.A., with high honors, 1994); Rutgers University School of Law - Newark (J.D., with honors, 1997) Order of the Coif.

Matthew M. Oliver is a member of the firm's Litigation Department and a member of the firm's White Collar Criminal Defense and Securities Litigation and Enforcement Practice Groups. Matt defends public and private companies, and their directors, officers, and employees, in federal and state criminal and regulatory investigations, as well as in complex commercial litigation matters, including securities class actions and shareholder derivative suits. He regularly conducts internal investigations on behalf of corporations and board committees, and also represents individuals in connection with such investigations. Matt's work as a litigator has earned him recognition by Super Lawyers (2012) which previously recognized him as a "Rising Star" (2007-2009). Matt has lectured and participated in panel presentations on topics such as insider trading, SEC and governmental investigations, internal investigations, and attorney liability, and currently serves as a member of the Regulatory Compliance Association's "CCO University" Faculty of Professors.

Matt has specific experience in the life science industry, as he has defended a number of biotech companies in investigations by the U.S. Department of Justice, the Securities and Exchange Commission, and FINRA, as well as in shareholder lawsuits. He is also particularly adept at handling investigatory and litigation matters with an international flavor. In recent years, he has defended a number of cases involving the Foreign Corrupt Practices Act; he has successfully prosecuted claims on behalf of a South American company arising out of a massive theft by a Swiss asset manager; he has defended companies and executives accused of violating various U.S. government embargoes, including those related to Cuba and Iran; he has defended an executive of a foreign bank against insider trading charges; and he has represented a Bahamian bank in connection with the alleged misuse of a U.S. depositor's funds. Matt's practice also encompasses domestic entities and individuals, of course, as he has litigated in federal and state courts throughout the U.S. Matt has substantial experience first-chairing trials, arbitrations, and evidentiary hearings, including a recent trial victory for a long-standing firm client in a minority shareholder oppression case.

Matt serves as the Co-Chair of the firm's E-Discovery Task Force, and has extensive experience with electronic discovery and spoliation of evidence. In 2008, Matt secured a landmark ruling on spoliation of videotaped evidence in a pro bono case arising out of the retaliatory assault of an inmate by prison guards.

When Matt is not defending his clients, he enjoys spending time outdoors with his wife, Dana, and their two children, and can often be found running or cycling in Basking Ridge and the Somerset Hills area. Matt also volunteers his time coaching the youth wrestling program in Basking Ridge.

Decisions

· Kounelis v. Sherrer, 529 F.Supp.2d 503 (D.N.J. 2008)

· In re Bed Bath & Beyond Inc. Derivative Litigation, 2007 WL 4165389, (D.N.J. Nov 19, 2007)

· SASCO 1997 NI, LLC v. Zudkewich, 2007 WL 1827257, (N.J.Super. A.D. Jun 27, 2007)

· Davidco Investors, LLC v. Anchor Glass Container Corp., 2006 WL 2092280, (M.D.Fla. Jul 26, 2006)

· Abrams v. KPMG, LLP., 2006 WL 995610, (D.N.J. Apr 13, 2006)

· Abrams v. KPMG, LLP, 2006 WL 489504, (D.N.J. Feb 28, 2006)

· In re Interpool, Inc. Securities Litigation, 2005 WL 2000237, (D.N.J. Aug 17, 2005)

· S.E.C. v. Beacon Hill Asset Management LLC, 231 F.R.D. 134, (S.D.N.Y. Aug 03, 2004)

· General Trading Co., Inc. v. Royal Farms, Inc., 2003 WL 1936143, (S.D.N.Y. Apr 23, 2003)

· Correspondent Services Corp. v. J.V.W. Investments Ltd., 205 F.Supp.2d 191, (S.D.N.Y. May 30, 2002)

· S.E.C. v. Duclaud Gonzalez de Castilla, 184 F.Supp.2d 365, (S.D.N.Y. Feb 08, 2002)

· S.E.C. v. Duclaud Gonzalez de Castilla, 170 F.Supp.2d 427, (S.D.N.Y. Nov 02, 2001)

· S.E.C. v. Duclaud Gonzalez de Castilla, 145 F.Supp.2d 402, (S.D.N.Y. Jun 27, 2001)

Speaking Engagements

· New Jersey Institute for Continuing Legal Education's 2012 Corporate Counsel Institute: "Litigation Holds - How to Protect Your Company in a Rapidly Changing Legal Landscape" (January 2012)

· Regulatory Compliance Association CCO University: "Insider Trading - Protecting Your Firm in 2011" (January 2011)

· Regulatory Compliance Association CCO University: "Escalating General Counsel and CCO Liability in a Pro-Regulatory Environment" (March 2010)

· Regulatory Compliance Association Hedge Fund Operational Risk and Compliance Summit: "Regulatory Investigations and Enforcement Actions" (June 2008)

· NJ Corporate Counsel Association Annual Symposium: "Restatements of Financial Statements" (September 2007)

Publications

· Anti-Money Laundering
The Hedge Fund Law Report, February 16, 2012
Michael Himmel, Matthew Oliver

· The Third Time's The Charm - IRS Announces Third Opportunity For Voluntary Disclosure Of Offshore Accounts
Client Alert, January 10, 2012
Robert Kipnees, Michael Himmel, Michael Gooen, Richard Horne, Brian Silikovitz, Matthew Oliver

· Client Alert: New Opportunity for Disclosure of Offshore Accounts
Client Alert, February 11, 2011
Robert Kipnees, Michael Himmel, Matthew Oliver, Michael Gooen, Richard Horne

· Mitigating Risk Under the ADDCA
Law 360, February 3, 2011
Matthew Oliver, Frank Catalina

· SEC v. Cuban, Round 2
The PIPEs Report, November 2, 2010
Steven Siesser, Matthew Oliver, Bernard Cooney

· SEC v. Mark Cuban - Could This Case Represent a Sea Change?
Specialty Finance Alert, May 28, 2009
Steven Siesser, Matthew Oliver, Bernard Cooney

· SEC Prohibits Staff Attorneys From Seeking Privilege Waivers During Investigations
New Jersey Law Journal, February 9, 2009
Matthew Oliver

· Drafting Cease and Desist Letters: Considerations for In-House Counsel
Litigation Client Alert, November 2008
Matthew Oliver

· PIPE Cleaners
The Deal, October 2, 2006
Steven Siesser, Matthew Oliver

· Dealing With Your Company's Employees In Connection With An External Investigation: Effective Strategies For Maximizing Success And Cooperation - Part II
The Metropolitan Corporate Counsel, September 2005
Matthew Oliver

· When The SEC Comes Knocking: What Corporate Counsel Needs To Know About Initiating An Internal Investigation In Response To An Inquiry By The Securities And Exchange Commission
The Metropolitan Corporate Counsel, August 2005
Matthew Oliver

· Corporate Internal Investigations in the 21st Century: Proceed With Caution
The Metropolitan Corporate Counsel, August 2004
R. Thompson, Matthew Oliver

· SEC Enforcement Director Cutler Outlines Aggressive Agenda
Securities/White Collar Crime Alert, March 2004
R. Thompson, Matthew Oliver

· Plugging The Leaks: Guidelines For Conducting Internal Corporate Investigations Involving Disclosure Of Confidential Information
White Collar Criminal Defense Alert, October 2002
R. Thompson, Matthew Oliver

· Sarbanes-Oxley Act of 2002 Creates New Federal Crimes
White Collar Criminal Defense Alert, July 2002
R. Thompson, Matthew Oliver

Press Mentions

· Matthew Oliver's pro bono work on the case of Kounelis v. Sherrer, in which he represented a prisoner who alleged he was beaten by corrections officers in retaliation for exercising his First Amendment rights, is highlighted. Mr. Oliver won a landmark ruling in favor of his client, obtaining an award of attorneys fees and an adverse inference jury instruction as a result of the defendants' spoliation of evidence., New Jersey Law Journal, January 9, 2008

· Matthew Oliver comments on a case in which he represented a prisoner who alleged he was beaten by corrections officers in retaliation for exercising his First Amendment rights. After several years of hotly contested litigation, during which Mr. Oliver obtained a landmark ruling in favor of his client sanctioning the defendants for spoliation of evidence, Mr. Oliver's client was assaulted again on the eve of trial. The article discusses the evidentiary hearing that was conducted following this second assault., The Star Ledger, January 5, 2008

Practice Areas: Life Sciences; Litigation; Securities Litigation; White Collar Criminal Defense.Email: Matthew M. Oliver

Christine Osvald-Mruz (Member) born 1970; admitted to bar, 1996, New Jersey and New York. Education: Princeton University (A.B., magna cum laude, 1992); Harvard Law School (J.D., 1995).

Christine Osvald-Mruz is a member of the firm's Employee Benefits and Executive Compensation Group. She structures, drafts and negotiates executive employment agreements, severance arrangements, stock option plans and other forms of equity compensation and incentive plans. She helps clients navigate the application of Section 409A of the Internal Revenue Code to deferred compensation arrangements. Ms. Osvald-Mruz also advises clients on the development, implementation and administration of tax-qualified retirement plans and welfare benefit plans.

Ms. Osvald-Mruz counsels a range of clients on compensation and benefits matters, including mid-sized private companies, large public companies and individual executives. She provides advice regarding compensation and benefits issues that arise on a day-to-day basis as well as those that arise in major corporate transactions.

A diverse background in corporate transactional matters and corporate counseling lends broad perspective and context to Ms. Osvald-Mruz's current focus in the executive compensation and employee benefits practice area. Her experience of more than 15 years includes mergers and acquisitions, venture capital, private equity, angel investments, business planning, partnership and limited liability company law, and securities regulation.

Ms. Osvald-Mruz demonstrates a commitment to women's professional success. She is Co-chair of STRIDES®, Advancing Women in Business, an initiative sponsored by Lowenstein Sandler PC with a mission of promoting visibility and leadership for women in business through quality networking events fostering the creative exchange of ideas and information.

Publications

· IRS Addresses Section 409A Document Corrections
Employee Benefits and Executive Compensation Alert, May 2010
Christine Osvald-Mruz, Andrew Graw

· The Health Reform Law - In a Nutshell
Employee Benefits and Executive Compensation Alert, May 2010
Andrew Graw, Christine Osvald-Mruz, Richard Plumpton, Karen Scheffler

· Pension Plan Termination Premium Claims May Not Be Dischargeable in Bankruptcy
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 21, 2009
Sharon Levine, Christine Osvald-Mruz, Wojciech Jung

Press Mentions

· Lowenstein Sandler is highlighted for its diversity and diversity programs; Mary Hildebrand and Christine Osvald-Mruz discuss STRIDES, the firm's networking program for women in business, as well as the firm's membership in the Hidden Brain Drain Task Force (a project of the Center for Work-Life Policy), which conducts studies on how the business community can realize the assets of women and minority employees., New Jersey Law Journal, September 22, 2008

Affiliations

· Co-Chair, STRIDES, Advancing Women in Business

· National Association of Women Lawyers

· New Jersey Women Lawyers Association

· Law & Reorder

· American Bar Association

· Princeton Alumni Schools Committee

· Pack Committee Chair, Cub Scout Pack 125

Practice Areas: Corporate; Employee Benefits & Executive Compensation; Employment Law; Fiduciary Counseling & Litigation; Investment Management.Email: Christine Osvald-Mruz

Robert J. Paradiso (Member) born 1967; admitted to bar, 1995, New York and New Jersey; United States Patent and Trademark Office. Education: Long Island University (B.S., Pharmacy, 1990); St. John's University School of Law (J.D., 1994).

Robert J. Paradiso is an Intellectual Property Attorney in the Tech Group, and leads the firm's life sciences patent practice. He is also an Adjunct Professor at Rutgers University Law School, where he teaches patent drafting and prosecution.

In his practice, Robert assists domestic and international corporations, as well as higher learning institutions, on virtually all aspects of intellectual property, including patent prosecution, non-infringement, patentability, litigation, freedom to operate, and technology transfer. He also advises clients on product acquisition and divestiture, joint ventures and alliances, technology licensing, outsourcing and other technology related transactions in the life sciences industry.

Robert has strategically built extensive patent portfolios across a myriad of disciplines, obtaining patents for his clients in areas including pharmaceutical formulations, new chemical entities, combination therapies, chemical processes, medical treatments, inhalation and intranasal therapies, biotechnology, and medical and mechanical devices. In this capacity, Robert works closely with both scientists and in-house counsels during all phases of research and development from initial synthesis, through formulation and clinical trials, and during regulatory review. He also provides expertise in the development of lifecycle management, marketing and business strategies.

Robert has represented innovators and generic and specialty pharmaceutical companies with respect to patent issues related to NDA, ANDA and §505(b)(2) filings with the U.S. Food and Drug Administration under the Hatch-Waxman Act. He has successfully obtained patents that have been listed in the FDA Orange Book for NDA approved drug products and has counseled clients with respect to Paragraph IV Certifications.

Prior to joining Lowenstein Sandler, Robert practiced law as a Partner with an Intellectual Property boutique in New York City.

Robert is a registered pharmacist in New York and New Jersey.

Recent Speaking Engagements:

· "Intellectual Property," The Venture Acceleration Workshop, New Jersey Institute of Technology, January 11, 2010

· "Intellectual Property," The Venture Acceleration Workshop, Seton Hall University, October 3, 2009

· "Patent Basics for Entrepreneurs," Invention2Venture Conference, New Jersey Institute of Technology

· "Green IP Panel," panelist, Invention2Venture Track - Jumpstarting The New Green Economy, Fairleigh Dickinson University, May 19-21, 2009

· "Developing Intellectual Property," panelist, Growing the Next Generation of Green Ventures Sustainable Entrepreneurship Symposium and Expo, May 2, 2008

· "Patents and Innovation," presenter, Susquehanna Financial Group SIGnificant Investment Options in Healthcare, March 4, 2008

Publications

· Drafting Method-of-Treatment Claims
New Jersey Law Journal, April 11, 2011
Robert Paradiso, Elizabeth Pietrowski

· District Court Holds Myriad's Gene Patents Invalid
Metropolitan Corporate Counsel, June 2010
Robert Paradiso, Lisa Schroeder

· Federal Circuit Affirms Ruling of USPTO Error In Calculating Patent Term Adjustment
New Jersey Law Journal, April 12, 2010
Robert Paradiso, Lisa Schroeder

· Abbott Labs v. Sandoz: The Federal Circuit Provides Clarity On Product-By-Process Claims
Metropolitan Corporate Counsel, February 1, 2010
Robert Paradiso, Lisa Schroeder

· Dilemmas of Joint Patent Ownership
New Jersey Law Journal, September 2009
Robert Paradiso, Elizabeth Pietrowski

· Think Twice Before Filing That CIP Application
New Jersey Law Journal, April 13, 2009
Robert Paradiso, Elizabeth Pietrowski

· Avoiding Pitfalls In IP Licensing
Metropolitan Corporate Counsel, March 2009
Robert Paradiso, Elizabeth Pietrowski

· The Impact of Proposed Patent Reform on the Life Sciences Industry
New Jersey Law Journal, April 14, 2008
Robert Paradiso

· Patent Reform Bill Criticized
NJBiz, September 13, 2007
Robert Paradiso

Press Mentions

· Robert J. Paradiso spotlighted as a contributor for his insights on intellectual property rights and claims that have arisen as a result of the human genome project., RegentAtlantic Capital, LLC, December 2007

· Robert J. Paradiso comments on the Patent Reform Act of 2007 and key concerns among biotechnology companies., NJBiz, September 13, 2007

Practice Areas: Corporate; Intellectual Property & Patents; Life Sciences; The Tech Group.Email: Robert J. Paradiso

Miguel Alexander Pozo (Member) admitted to bar, 1998, New Jersey; 1998, U.S. District Court, District of New Jersey; 2003, U.S. District Court, Eastern District of New York; 2003, U.S. District Court, Southern District of New York; 2008, U.S. Court of Appeals, Third Circuit; 2008, U.S. Court of Appeals, Second Circuit; 2008, U.S. Supreme Court. Education: Hofstra University (B.A., 1994) Dean's List; Rutgers University School of Law - Newark (J.D., 1998) Managing Editor, Rutgers Race and the Law Review.

Miguel Alexander Pozo is a homegrown partner with over thirteen years of business litigation experience and first began his career at the firm as a summer associate in 1996. Mr. Pozo specializes in providing advice and counsel to clients in the high end, luxury goods industry on a variety of matters including brand protection and trademark issues and strategies for handling online counterfeiting, gray marketing, and brand dilution.

He focuses on litigating business disputes for Fortune 100 companies and other corporations and businesses. Mr. Pozo has handled cases involving breach of contract, business torts including unfair competition and tortious interference, business and consumer fraud, commercial real estate disputes, franchise practices act disputes, and class actions. He has also counseled clients on matters involving joint ventures, licensing, restrictive covenants, and employment and other related agreements.

His representative clients have included TAG Heuer, Cartier, Christian Dior, Hublot, Liz Claiborne, Inc. and Peerless Clothing International, Inc., among others. Mr. Pozo also leads the firm's representation of LVMH Moet Hennessy Louis Vuitton Inc. and The Juilliard School.

Professional Recognitions / Awards

· 2012 & 2011: Named to "Super Lawyers Business Edition" list by Super Lawyers magazine.

· 2012, 2011 & 2010: Named to "Super Lawyer" list by Super Lawyers magazine for experience in business litigation.

· 2011: "Professional Lawyer of the Year Award" by New Jersey Commission on Professionalism in the Law.

· 2009: Recognized as one of New Jersey's top "40 Under 40" lawyers by the New Jersey Law Journal magazine.

· 2009: Named to the NJBiz "Forty Under 40" list honoring men and women who are making headlines in their fields and who exhibit "excellence in business, commitment to community and professional achievement."

· 2009: Recognized on Defining Trends Magazine's (DTM) 2009 Latino Trendsetter List, which includes Latin music legend Willie Colon, author/activist/baseball wife Laura Posada, and Bronx Borough President Ruben Diaz, Jr., among others.

· 2008: Featured in Essence magazine, as one of 50 men (nationally) and the only attorney honored by Essence magazine that year, for his community service efforts and work as a Board member for the Boys & Girls Club in Newark, NJ and other charities.

· 2007: Named a "Rising Star" by Super Lawyers magazine.

· 2005: Listed as one of the "50 Leading Women and Minority Attorneys" in the State of New Jersey and labeled as a "Rising Star" for his outstanding achievements.

External Leadership Roles

On September 3, 2011, Mr. Pozo was elevated to the position of Hispanic National Bar Association (HNBA) National Finance Director for a one-year term having served as HNBA Regional President from 2008-11. Mr. Pozo is the Chair for the 2012 HNBA Midyear Corporate Counsel Conference and 17th Annual Uvaldo Herrera National Moot Court Competition.

The Midyear Conference is scheduled to take place in Jersey City, New Jersey from March 28-31, 2012. The Midyear Conference, which will be hosted in New Jersey for the first time in 2012, will be historic as the HNBA celebrates its 40th Anniversary.

On October 29, 2009, the Honorable Julio M. Fuentes, U.S.C.J. of the United States Court of Appeals for the Third Circuit presided over Mr. Pozo's installation as the 30th president of the Hispanic Bar Association of New Jersey (HBANJ), for a one-year term that ended in November 2010.

Internal Leadership Roles/Diversity Initiatives

Mr. Pozo is also Editor-in-Chief of DiversityisNatural.com, a Web site and initiative of Lowenstein Sandler dedicated to fostering the advancement of women and minorities in the legal profession. He is also a member of the Firm's Recruiting Committee and helps to coordinate the Firm's Summer Associate Program. Additionally, Mr. Pozo serves as a firm liason to the Network of Trial Law Firms.

Clerkships

Prior to joining the firm, Mr. Pozo served as a law clerk to the Honorable Lawrence M. Lawson, A.J.S.C., Superior Court of New Jersey, Law Division, Monmouth County. While in law school, he was an intern to the Honorable Harold A. Ackerman, U.S.D.J., United States District Court, District of New Jersey.

Speaking Engagements

· "The Top Ethical Pitfalls Faced by In-House Counsel" LS University, Roseland, NJ, November 2011 (Speaker)

· "Navigating Ethical Landmines as In-House Counsel" Roseland, NJ, November 2011 (Speaker)

· "Protecting Your Brand: Strategies for Handling Social Media Abuse- Part II Employees and Counterfeiters" Network of Trial Law Firms, New York, NY, August 2011 (Speaker)

· "New Jersey Basic CLE Marathons: New Jersey Civil Trial Preparation," Practising Law Institute (PLI), New York, NY, June 2011 (Speaker)

· "Pa'Lante: Amplifying the Latino Voice in the Law," First Annual North Atlantic Latino Law Students Conference, New York, NY, April 2011 (Speaker)

· "Avoiding Ethical Pitfalls: Tips for the In House Counsel," Hispanic National Bar Association (HNBA) Mid-Year Corporate Counsel Conference, New Orleans, LA, March 2011 (Speaker)

· "The Road Not Taken: Contrasting New Jersey and Federal Standards for Expert Testimony," Brown Bag Lunch Series, Philadelphia, PA, March 2011 (Speaker)

· "The Top Ethical Pitfalls for In-House Counsel," New Jersey Corporate Counsel Association (NJCCA) Conference, Basking Ridge, NJ, November 2010 (Speaker)

· "Protecting Your Brand: Strategies for Handling Social Media Abuse," Network of Trial Law Firms, Kiawah, SC, November 2010 (Speaker)

· "Annual Corporate Counsel Roundtable Series," Hispanic Bar Association of New Jersey (HBANJ), Newark, NJ, November 2009 (Speaker)

· "Creating a Culture of Inclusion," American Bar Association (ABA), Law Practice Management (LPM) Section, January 2010 (Speaker)

· "Litigation Management," Network of Trial Law Firms, Napa, CA, April 2009 (Speaker)

· "Managing Risk Through Education: The General Counsel's Role in Training," National Association of College and University Attorneys (NACUA) 48th Annual Conference, New York, NY, June 2008 (Speaker)

· "A Fork in the Road: Navigating ADA/FMLA/WC with the Injured Worker," National Bar Association (NBA), Las Vegas, NV, May 2008 (Speaker)

· "Litigation Management," Network of Trial Law Firms, Naples, FL, May 2008 (Speaker)

· "Hot Topics for In-House Litigation Managers," Network of Trial Law Firms, New York, NY, August 2007 (Speaker)

· "Civil Litigation Management: Do's & Don'ts of Managing an Effective Response Team," Annual Corporate Counsel Roundtable Series, Newark, NJ, October 2007 (Speaker)

· "Litigation Management Techniques," Thurgood Marshall College Fund Leadership Institute, New York, NY, November 2007 (Speaker)

· Mr. Pozo is a frequent panelist and speaker at Rutgers University School of Law-Newark on a wide range of topics

Pro Bono/Community Service Awards

· "Campeones de la Justicia" Award (2010), ALIANZA, Rutgers School of Law - Camden

· "Alumni of the Month" Award (2008), Hofstra University

· "iScouting...Vale La Pena!," Community Service Award (2008), Boys Scouts of America

· "Alumni Recognition" Award (2008), Association of Law American Law Students (ALALS), Rutgers School of Law - Newark

· "Alumni Recognition" Award (2007), Black and Hispanic Alumni Association (BHAA), Hofstra University

· "Nuestra Inspira?ion Latino" Award (2006), Latin American Law Student Association (LALSA), Seton Hall Law School

· "Outstanding Pro Bono Achievement" Award (2004), Lowenstein Sandler PC

Publications

· Spotlight On Miguel A. Pozo - Feature Interview
Rutgers School of Law - Newark, September 2009
Miguel Pozo

· SEO's Opportunity Knocks Newsletter
SEO, September 2009
Miguel Pozo

· Lead By Example - A Timeless Message: Interview with Miguel A. Pozo
Metropolitan Corporate Counsel, March 2009
Miguel Pozo

· Disparate Impact Claims Permitted Under the Age Discrimination in Employment Act
Employment Law Alert, May 2005
Miguel Pozo

Press Mentions

· In an interview with Metropolitan Corporate Counsel, Miguel Alexander Pozo discusses how the Hispanic National Bar Association fosters excellence in the Latino legal community., Metropolitan Corporate Counsel, January 18, 2012

· Rutgers School of Law - Newark highlights alumnus Miguel Alexander Pozo, Hispanic National Bar Association National Finance Director, for his efforts as co-chair of the HNBA 3rd Annual Midyear Corporate Counsel Conference and 17th Annual Uvaldo Herrera National Moot Court Competition to be held March 28-31, 2012 in Jersey City., Rutgers School of Law - Newark, December 13, 2011

· In Hispanic Business Magazine, Miguel Alexander Pozo is highlighted for his selection as National Finance Director of the Hispanic National Bar Association., Hispanic Business Magazine, October 2011

· On Citybizlist.com, Miguel Alexander Pozo is highlighted for his selection as National Finance Director for the Hispanic National Bar Association., Citybizlist.com, September 20, 2011

· In a Larry Bodine LawMarketing Blog post, Miguel Alexander Pozo is highlighted for his successful presentation at the Network of Trial Law Firms "Litigation Management in a New York Minute" CLE event., Larry Bodine LawMarketing Blog, August 9, 2011

· Lowenstein Sandler's representation of Schering-Plough (now Merck) in a putative class action seeking damages for the alleged "off-label" marketing of two oncology drugs, Temodar and Intron, is highlighted. The Lowenstein team including Gavin Rooney, Alan Modlinger and Miguel Pozo, won motions to dismiss amended complaints with prejudice, the federal district court for the District of New Jersey finding that the plaintiffs failed to allege injury sufficient to confer Article III standing., Metropolitan Corporate Counsel, July 5, 2010

· Miguel Alexander Pozo comments on issues contributing to a decrease in the number of minority students attending law school in an article entitled "Columbia Study Shows 15-Year Drop in Black and Mexican-American Law Students"., New Jersey Law Journal, January 18, 2010

· Miguel Alexander Pozo is recognized for being installed as the 30th president of the Hispanic Bar Association of New Jersey during a swearing-in ceremony on October 29 at the W Hotel in Hoboken, NJ., New Jersey Law Journal, November 16, 2009

· Miguel Alexander Pozo is highlighted for receiving Defining Trends Magazine's 2009 Latino Trendsetter Award, an annual award given to leaders and innovators in the Hispanic community., La Voz, Business & Finance Week, October 27, 2009

· Miguel A. Pozo comments on Hispanics in the legal profession in an article entitled "The Many Faces of Hispanic.", Diversity & The Bar, September/October 2008

· Miguel A. Pozo is spotlighted for his recent recognition by Essence magazine for his outstanding community service, which includes work with the Boys & Girls Club in Newark, New Jersey. Mr. Pozo is one of 50 men and the only attorney honored by the magazine this year., The Star Ledger, August 1, 2008

· Miguel A. Pozo, who earned his Juris Doctor degree at Rutgers University School of Law-Newark, is profiled in "Progressive Thinking" a feature story commemorating Rutgers-Newark's 100 years of promoting diversity and opportunity., Rutgers Magazine, Spring 2008

· Miguel A. Pozo comments on efforts by large law firms to retain minority attorneys., The Star Ledger, April 22, 2007

Affiliations

· Hispanic National Bar Association (HNBA)
- National Finance Director (2011-Present)
- Regional President, Region III (NJ) (2008-2011)
- Deputy Regional President, Region III (NJ) (2006-2008)
- Board of Governors (2004-present)

· Hispanic Bar Association of New Jersey (HBANJ)
- President (2009-2011)
- Executive Board (2004-2011)

· Garden State Bar Association

· Association of the Federal Bar of New Jersey

· American Bar Association
- Litigation Section
- Business Law Section

· Supreme Court Committees
- Supreme Court of New Jersey, Civil Practice Committee (2010-present)
- Supreme Court of New Jersey, Office of Attorney Ethics - District Ethics Committee (District V) (2008-2009)
- Supreme Court of New Jersey, Criminal Practice Committee (2004-2007)

· Charitable Boards
- New Jersey Law and Education Empowerment Project (NJLEEP) (2010-2012)
- New Jersey Performing Arts Center (NJPAC), Latino Advisory Council, Member (2009-2011)
- Boys and Girls Club of Newark, Board of Trustees, Member (2008-2010)
- Newark Museum, Latino Programming and Marketing Committee, Member (2008-2011)

· Fellowships
- "Alan V. Lowenstein" Public Interest Fellowship (2000)
- Fellow, C. Willard Heckel Inn of Court (1997-2000)

Languages: Spanish. Practice Areas: Commercial & Business Litigation; Employment; Trademark Prosecution and Enforcement.Email: Miguel Alexander Pozo

Jeffrey D. Prol (Member) born 1963; admitted to bar, 1989, New York; 1990, New Jersey; 1990, U.S. District Court, District of New Jersey; 2002, U.S. District Court, Southern District of New York. Education: United States Merchant Marine Academy (B.S., with honors, 1985); Rutgers University School of Law - Newark (J.D., 1989).

Jeffrey D. Prol has more than 20 years' experience in matters involving debtor/creditor rights, including: complex business transactions and litigation, corporate restructuring, business consulting, out of court workouts, foreclosure and bankruptcy. Mr. Prol's bankruptcy practice includes representation of debtors, secured creditors, unsecured creditors committees and other parties in interest, including landlords, lessors, guarantors, and equity holders, in cases under all chapters of the United States Bankruptcy Code. Mr. Prol is featured in the 2012 edition of The Best Lawyers in America and in the 2005-2009 issues of Super Lawyers in the Bankruptcy and Workout section of the publication.

Highlights

· Representation of official creditors' committee in Townsends, Inc.

· Representation of Chairman of official creditors' committee in Pilgrim's Pride, Inc.

· Representation of asbestos claimants committees in G-I Holdings, Inc. (successor to GAF Corporation), Burns and Roe Enterprises, Inc., The Muralo Company, and Hercules Chemical Corp.

· Representation of a nationwide homebuilder in a successful Chapter 11 reorganization.

· Representation of 32 related internet/catalog retailers in a successful Chapter 11 reorganization and sale of the debtors' businesses.

· Representation of creditors committees in Protostar Ltd., Memorex/Telex Corporation, Tandycrafts, Inc., Vectour, Inc., Cenargo International, Inc.

· Representation of ad hoc noteholders committee in Trump Resort and Casino Chapter 11 bankruptcy case

· Representation of litigation trustee in Marvel Comics Chapter 11 bankruptcy case.

· Representation of major waste disposal company in workout involving regulatory agencies.

· Representation of licensor/franchisor in Chapter 11 bankruptcy case of a distributor of office products.

· Representation of secured creditors in workouts, litigation and bankruptcies to enforce Article 9 security interests in machinery, equipment and inventory, mortgages, and deficiency claims.

Publications

· Creditors' Committees Power is Affirmed
Bankruptcy Watch, September 2003
Jeffrey Prol, Mary Seymour

Affiliations

· New Jersey State Bar Association

· New York State Bar Association

· Essex County Bar Association

· National Arbitration Forum, Panel of Arbitrators

· United States Naval Reserve (1985 - 1989)

· Netherlands Reformed Christian School Board (1994-1996)

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Jeffrey D. Prol

Warren K. Racusin (Member) born 1953; admitted to bar, 1979, New York and U.S. District Court, Southern and Eastern Districts of New York; 1980, Florida; 1984, New Jersey and U.S. District Court, District of New Jersey. Education: Princeton University (B.A., magna cum laude, 1975); Columbia University School of Law (J.D., 1978) Harlan Fiske Stone Scholar; New York University School of Law (M.A., Taxation, 1984).

Warren Racusin appears on NBC's New York Nightly News, on July 25, 2011, to discuss the state and federal tax implications and other planning issues for same-sex couples marrying in New York.

Warren K. Racusin is Chair of the firm's Trusts & Estates practice group. He has more than three decades of diversified experience in estate planning and administration, including planning for executives, entrepreneurs, owners of private companies, and other high net worth individuals; charitable planning; designing prenuptial and divorce agreements; and estate and trust litigation.

Mr. Racusin is a Fellow of the American College of Trust & Estate Counsel. He previously served as Chair of the Real Property, Probate and Trust Section of the New Jersey State Bar Association and Chair of the Trusts and Estates Committee of the Morris County Bar Association. He is admitted to the Bars of New Jersey, New York, and Florida.

Publications

· A Swan Song: Estate Planning in Light of States' Marriage Equality Laws
Practical Tax Strategies, March 2012
Warren Racusin, Michael Vito, Shannon Keim

· Estate Planning and the Enactment of the New York Marriage Equality Act: What You Need to Know
Trusts & Estate Client Alert, July 2011
Warren Racusin, Michael Vito, Eric Weinstock, Shannon Keim

· Budget Proposal Presents Opportunities, Speed Bumps
On Wall Street, June 2011
Warren Racusin, Abigail Stiefel

· Elizabeth Edwards' Will
Trusts & Estates, February 16, 2011
Warren Racusin

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

· Congress Grapples with GRATs
On Wall Street, August 2010
Warren Racusin

Press Mentions

· In an interview on NBC's New York Nightly News, Warren Racusin discusses the state and federal tax implications and other planning issues for same-sex couples marrying in New York., NBC's Nightly News, July 25, 2011

· In a Bloomberg Businessweek article, Warren Racusin comments on the possible effects of the new estate tax law on charitable donations., Bloomberg Businessweek, December 23, 2010

· Warren Racusin comments on the expansion of Lowenstein Sandler's Trusts and Estates practice in light of the upcoming reinstatement of the federal estate tax in 2011., New Jersey Record, August 12, 2010

· In a segment on New York City television station NY1, Warren Racusin explains ways to make gifts this year to take advantage of 2010 estate tax repeal., NY1, January 12, 2010

· In a segment on New York City television station NY1, Warren Racusin discusses how families may wind up in court battles if their affairs are not properly handled in light of the estate tax repeal., NY1, January 7, 2010

· Warren Racusin appears on CNBC's "Power Lunch," to discuss the federal estate and generation-skipping taxes scheduled to be repealed on January 1, 2010., CNBC, December 29, 2009

· Warren Racusin comments on the implications of the federal estate tax lapse., Dow Jones Factiva, December 18, 2009

· Warren Racusin comments on the House's vote to make the estate tax permanent., American Banker, Bank Investment Consultant, December 7, 2009

· Lowenstein Sandler's addition of Warren Racusin as Member of the Firm and Chair of the Trust and Estates Practice Group, is highlighted., Metropolitan Corporate Counsel, November 2, 2009

· Lowenstein Sandler's addition of Warren Racusin as Member of the Firm and Chair of the Trust and Estates Practice Group, is highlighted., New Jersey Law Journal, October 26, 2009

Affiliations

· Member, New Jersey State Bar Association (Tax and Probate Section, Real Property Section)

· Member, American Bar Association (Tax and Probate Section, Real Property Section)

Practice Areas: Fiduciary Counseling & Litigation; Trusts & Estates.Email: Warren K. Racusin

Thomas E. Redburn (Member) born 1971; admitted to bar, 1996, New Jersey; 1996, U.S. District Court, District of New Jersey; 2001, U.S. Court of Appeals, Third Circuit. Education: The Johns Hopkins University (B.A., with university and department honors, 1992); Cornell University Law School (J.D., magna cum laude, 1995) Editor, Cornell Law Review.

Thomas E. Redburn, Jr. is a member of the firm's Litigation Department, and Securities Litigation & Enforcement and Insurance Law Practice Groups. Mr. Redburn has broad experience in securities, complex commercial, insurance and environmental litigation, with a strong emphasis on federal securities litigation.

Mr. Redburn's securities litigation experience includes the representation of institutional investors in federal securities law actions arising from the collapse of Adelphia Communications Corporation. He has also defended several companies named in federal securities class actions, assisted various clients in responding to investigations by the United States Securities and Exchange Commission, and represented both claimants and defendants in arbitration proceedings before the National Association of Securities Dealers.

Mr. Redburn has also represented clients in a wide array of complex civil litigation. He recently represented a New Jersey company in litigation commenced by the purchasers of the client's former manufacturing division seeking to rescind the deal. He represented a mortgage lender in a class action suit commenced in New Jersey state court over mortgage late fees, as well as a mortgage broker named as a defendant in a class action in federal court in New York under the anti-kickback provision of the Real Estate Settlement Practices Act. His experience has also included the representation of a large chemical company before the United States Court of Appeals for the Third Circuit in the successful defense of an appeal from a favorable judgment in an environmental insurance coverage action, the representation of several large companies in cost recovery litigation under the Comprehensive Environmental Response, Compensation and Liability Act, and the representation of a property owner in litigation challenging an anti-development master plan and residential zoning ordinance adopted by a municipality in Warren County, New Jersey. Mr. Redburn has also represented numerous individuals in connection with claims for health and disability insurance coverage against several major insurance carriers and health maintenance organizations and in employee benefits litigation under the federal Employee Retirement Income Security Act.

Publications

· Post-Financial Meltdown Securities Litigation
Law 360, October 23, 2008
Lawrence Rolnick, Thomas Redburn

· Knocking at the Courthouse Door: If Sarbanes-Oxley revives previously expired securities claims, it could open the door to a multitude of suits by a class of plaintiffs once barred
New Jersey Law Journal, April 26, 2004
Thomas Redburn

· Standard Of Review for Disability Claims Under ERISA
Claim Denied Insurance Coverage Newsletter, June 2001
Thomas Redburn

· Litigation Grows Over Disability Insurance Claims
Claim Denied Insurance Coverage Newsletter, June 2000
Thomas Redburn

Practice Areas: Appellate; Capital Markets Litigation; Class Action & Derivative Litigation; Commercial & Business Litigation; Fiduciary Counseling & Litigation; Insurance Coverage; Investment Management; Litigation; Securities Litigation.Email: Thomas E. Redburn

Michael J. Reinhardt (Member) born 1970; admitted to bar, 1996, New York; New Jersey. Education: Rutgers University, Rutgers College (B.A., Political Science, magna cum laude, 1992); Harvard Law School (J.D., 1995).

Michael J. Reinhardt is a member of the firm's Corporate Department. He represents financial sponsors, private and public corporations and investment banks in a variety of acquisition, securities, finance and other matters. He has extensive experience in merger and acquisition transactions and public and private securities offerings as well as general corporate work, including federal securities law compliance matters. He also has significant experience in investment banking compliance matters.

Representative matters include:

· Acting for a number of financial sponsors in connection with portfolio company acquisitions and follow-on investments;

· Representing a leading automobile parts supplier in its $430MM high yield notes offering as well as its initial public offering on the New York Stock Exchange;

· Advising a Nasdaq-listed company in numerous acquisitions of privately held companies;

· Representing a Nasdaq-listed company in acquiring assets in a sale conducted under Section 363 of the Bankruptcy Code;

· Representing a privately held printing company in a sale to leading public company in that industry;

· Representing a Nasdaq-listed advertising company in its sale to a financial sponsor;

· Representing hedge funds in PIPE and other private investments;

· Representing a Fortune 100 financial services company in connection with a joint venture;

· Acting as placement agents' counsel in a number of registered direct (RD) securities offerings; and

· Advising investment banks in connection with fairness opinion matters.

Mr. Reinhardt received his J.D. from Harvard Law School and a B.A. from Rutgers College, magna cum laude. Following graduation from law school, Mr. Reinhardt was a law clerk to a United States District Court judge in the Eastern District of Pennsylvania.

Publications

· Rights Offerings: The New PIPEs?
The PIPEs Report, April 7, 2009
Steven Siesser, Steven Skolnick, Michael Reinhardt

Press Mentions

· Lowenstein Sandler's election of Peter J. Fusco, Michael J. Reinhardt and Jonathan C. Wishnia to Members of the firm, is highlighted., NJBIZ, February 7, 2011

Practice Areas: Corporate; Investment Management; Mergers & Acquisitions; PIPEs, SPACs & Registered Direct Offerings.Email: Michael J. Reinhardt

Richard F. Ricci (Member) born 1957; admitted to bar, 1982, Rhode Island; 1984, New Jersey. Education: Duquesne University (B.A., cum laude, 1979); University of Notre Dame School of Law (J.D., magna cum laude, 1982) Associate Editor, University of Notre Dame Law Review.

Richard F. Ricci is Chair of the firm's Environmental Law and Litigation Department. Listed among The Best Lawyers in America in the environmental law section, Mr. Ricci works on a broad range of matters, including, Superfund and toxic tort litigation, injunctive and penalty proceedings, construction, environmental, insurance coverage and commercial litigation. He served on an audit team appointed by a former Governor of New Jersey to investigate the State's $500 million auto emissions testing contract as part of an effort to root out waste and mismanagement in state government. Mr. Ricci was also featured in the 2005-2012 issues of Super Lawyers in the environmental/land use section of the publication, and included in the 2007-2011 editions of Chambers USA: America's Leading Lawyers for Business.

The following are some of his successful representations:

· Acting as lead counsel to a real estate investment trust in a three-week trial that resulted in a determination that the client was entitled to complete contractual indemnification from its tenant for claims of the State of New Jersey for the costs of investigating and remediating environmental contamination and an award of attorneys' fees from the tenant

· Representing a major oil company in obtaining summary judgment compelling the purchaser of an oil refinery to comply with the terms of an asset purchase agreement

· Acting as lead trial counsel for a specialty chemical manufacturer in a four-week environmental clean-up cost recovery case in Little Rock, Arkansas

· Serving as lead counsel for a publicly-traded real estate investment trust in a fraud/professional liability suit arising from the unlawful construction of a building in federally-regulated wetlands

· Acting as lead counsel on behalf of a large public university in the remediation of a DDT contaminated former air strip (including the bidding, contract negotiation and execution of a 20,000 ton soil removal action) and a subsequent cost-recovery action against the State of New Jersey

· Acting as lead trial counsel in a three-week Superfund cost-recovery case in East St. Louis, Illinois

· Acting as lead trial counsel in a four-week Superfund cost-recovery/municipal liability case in Central Islip, New York

· Serving as group counsel in the investigation and remediation of a number of federal and state lead waste disposal sites

· Representing a construction company in the resolution of multiple lien and payment claims arising from the construction of a multi-million dollar warehouse

· Representing a large public university in the successful prosecution of multiple construction defect claims relating to the construction of an athletic facility

Mr. Ricci has successfully litigated cases in Arkansas, Illinois, Missouri, Michigan, New York and Pennsylvania, as well as New Jersey.

Reported Decisions

· AMW Materials Testing, Inc., v. Town of Babylon, 584 F.3d 436 (2nd Cir. 2009)

· AMW Materials Testing v. Town of Babylon, 348 F. Supp. 2d 4 (E.D.N.Y. 2004)

· American Trucking Associations, Inc. v. Whitman, 136 F. Supp. 2d 343. (D.N.J. 2001) affirmed 437 F.3d 313 (3rd Cir. 2006)

· United States v. Vertac Chemical Corp., 966 F. Supp. 1491 (E.D. Ark. 1997)

· Rutgers, the State University v. Grad Partnership, 269 N.J. Super 142, (App. Div. 1993)

Presentations

· Planning & Development of Brownfields - How to Get These Sites Done, Tri-State Best Practices in Brownfield Redevelopment Conference, March 14, 2006

· River Sediment Remediation and Other Megasites: the Next Big Thing, Chemistry Council of New Jersey Fall Regulatory Conference, November 21, 2002

· Environmental Case Law Update, Chemistry Council of New Jersey Fall Regulatory Conference, November 15, 2001

· Environmental Case Law Update, Chemical Industry Council of New Jersey Annual Meeting, May 9, 2000

· Liability Exposure Beyond Traditional RCRA Facilities, CHWMEG, Inc. Annual Meeting, April 14, 1999

· Environmental Case Law Update, Chemical Industry Council of New Jersey Annual Meeting, January 26, 1999

· Environmental Case Law Update, Chemical Industry Council of New Jersey Annual Meeting, April 28, 1998

Publications

· No Class: Tougher Certification Standards in Environmental Mass-Tort Cases
New Jersey Law Journal, November 28, 2011
Richard F. Ricci, Adam Lavinthal

· NRD - The New Jersey Experiment
ABA Environmental Litigation and Toxic Torts Committee Newsletter, April 2007
Richard F. Ricci, Adam Lavinthal

· New Jersey Takes the Lead On Chemical Plant Security
New Jersey Law Journal, February 6, 2006
Richard F. Ricci

· Interpreting Recent NRD and Brownfield Amendments
Commerce Magazine, April 2005
Richard F. Ricci

· Cooper Industries Inc. v. Aviall Services Inc.: Whither (Or Is It Wither) Superfund?
The Metropolitan Corporate Counsel, April 2005
Richard F. Ricci

· Ramifications of Recent NRD and Brownfield Amendments
New Jersey Law Journal, March 7, 2005
Richard F. Ricci

· Natural Resource Damage Claims Remain At The Forefront of New Jersey Environmental Law
Environmental Law Alert, April 2004
Richard F. Ricci, Lynda Bennett

· Winter of 2003-2004, Hot One For Superfund Developments
Environmental Law Alert, March 2004
Richard F. Ricci, Michael Caffrey

· Top Ten Reasons Why New Jersey Businesses Should Be Concerned About Natural Resource Damages
The Metropolitan Corporate Counsel, April 2003
Michael Rodburg, Richard F. Ricci, Timothy L. Borkowski, Esq.

· Who's in Charge Here?
New Jersey Law Journal, February 25, 2002
Richard F. Ricci

· New Jersey Department of Environmental Protection Re-adopts and Amends the Freshwater Wetlands Protection Act Rules
Environmental Law Alert, December 2001
Richard F. Ricci, Christopher D. Hopkins, Esq.

· You Too Could Be A "Responsible Corporate Officer"
Environmental Law Alert, July 2001
Michael Dore, Richard F. Ricci

· New Jersey To Require Tests Of Private Wells
Environmental Law Alert, June 2001
Richard F. Ricci, Michael Caffrey

· Supreme Court Breathes New Life Into Citizen Suits Under The Clean Water Act
Environmental Law Alert, March 2000
Richard F. Ricci

E-Sources

· The Challenges for Industry in Environmental Law
Inside the Minds: The Art and Science of Environmental Law, 2004, 2004
Richard F. Ricci

· New Jersey Environmental Law Handbook
Government Institutes, 7th Edition, September 2001
Norman Spindel, Michael Dore, Michael Lichtenstein, Richard F. Ricci, James Stewart

Press Mentions

· Lowenstein Sandler is highlighted for successfully defending the town of Babylon, New York and the North Amityville, New York Volunteer Fire Company in a recent case before the U.S. Court of Appeals for the Second Circuit. In AMW Materials Testing, Inc. v. Town of Babylon, 584 F.3d 436 (2d Cir. 2009), the Court held that the CERCLA statutory scheme provides immunity to firefighters and emergency first responders from CERCLA liability arising from actions taken in response to emergencies relating to the release of hazardous substances, unless they act with gross negligence or intentional misconduct. The Lowenstein team consisted of Richard Ricci, Priya Masilamani and Alyson Powell., Metropolitan Corporate Counsel, February 1, 2010

· Richard F. Ricci reacts to a recent Mercer County decision dismissing a claim by the State of New Jersey for natural resource damages arising from the contamination of groundwater., Bergen Record, October 2, 2007

Events

· April 23-24, 2012
CCNJ 28th Annual Spring Conference

Affiliations

· New Jersey State Bar Association

· American Bar Association

· Environmental Editorial Advisory Board, Law360

Practice Areas: Construction Law & Litigation; Environmental Law & Litigation; Litigation; Products & Specialty Torts.Email: Richard F. Ricci

Michael L. Rodburg (Member) born 1946; admitted to bar, 1971, New Jersey. Education: Massachusetts Institute of Technology (B.S., 1968); Harvard Law School (J.D., magna cum laude, 1971) Editor, Harvard Law Review.

Michael L. Rodburg, Member of the Firm, has more than 35 years of experience in complex litigation and has practiced exclusively in environmental law since 1973. He is a fellow of the American College of Environmental Lawyers and was founding chairman of the New Jersey State Bar Association Environmental Law Section. Mr. Rodburg is listed among The Best Lawyers in America, Chambers USA: America's Leading Lawyers for Business and Super Lawyers.

Mr. Rodburg represents business and industry in connection with significant business transactions, civil litigation and administrative agency proceedings arising out of a wide variety of environmental problems. He concentrates in hazardous substances litigation, mass tort defense, acquisition counseling, and climate change initiatives.

Mr. Rodburg is a frequent author and lecturer. He has written hundreds of articles and has been published in the Harvard Law Review and the Rutgers Law Journal. He also has several books to his credit, including the seminal New Jersey Environmental Law Handbook.

He serves on the Board of Directors of the New Jersey State Chamber of Commerce; the Board of Trustees of the American Conference on Diversity; the Advisory Board of the Montclair State University School of Business; and Advisory Trustee of Montclair Kimberley Academy.

Presentations

· "Special Briefing: Current NRD Issues in New Jersey," keynote speaker, Industrial Liability for Natural Resources Damages under "Superfund" and Other Environmental Laws Seminar, November 2003

· "Resource Conservation and Recovery Act (RCRA)," 23rd Annual Advanced ALI-ABA Course of Study, ALI-ABA Conference on Hazardous Substances, Site Remediation and Enforcement, October 2003

· "Mass Tort Issues Facing Industry," An Insider's Guide to Mass Tort Litigation, March 2003

· "Natural Resource Damages: New Jersey Policy and Practice," Panel Member, New Jersey Corporate Counsel Association, 1999 Environmental Law Forum, June 1999

· "A Civil Action," ABA Section of Litigation, Environmental Litigation Committee Eleventh Annual Mid-Year Meeting, February 1999

· "Facilitating Brownfields Development Through Insurance," ABA/SONREEL Satellite Seminar Broadcast on "Tackling Tough Toxic Waste Problems," May 1998

Publications

· Lowenstein Sandler Sets the Standard For Pro Bono Initiatives
New Jersey Business, May 2006
Robert Boneberg, Michael Rodburg

· New Mexico v. General Electric: A Cautionary Tale
New Jersey Law Journal, May 31, 2004
Michael Rodburg, Timothy L. Borkowski, Esq.

· Groundwater Damages In New Jersey
Superfund and Natural Resource Damages Litigation Committee Newsletter, December 2003
Michael Rodburg

· Top Ten Reasons Why New Jersey Businesses Should Be Concerned About Natural Resource Damages
The Metropolitan Corporate Counsel, April 2003
Michael Rodburg, Richard F. Ricci, Timothy L. Borkowski, Esq.

· Traps Set for the Unwary - California Supreme Court Invalidates Policy Rights in Corporate Restructuring
Environmental Compliance & Litigation Strategy, March 2003
Robert Chesler, Michael Rodburg

· The Large Company with a Small Law Department
co-authored chapter in Successful Partnering Between Inside and Outside Counsel, September 2000
Michael Rodburg

· Of Mice and Men: On Biological Plausibility
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Post Hoc, Ergo Propter Hoc; Quod Erat Demonstrandum
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Constitutional Attacks On Superfund: Round Three
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· On Rearranging the Titanic's Deck Chairs
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Overfiling Takes A Hit
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Whither CERCLA?
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· When The Shoe Is on The Other Foot
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· The Certainty Principle
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Rein(deer)ing in RCRA
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Everything Old is New Again
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Post Hoc, Ergo Propter Hoc; Quod Erat Demonstrandum, Part II
Mealey's Litigation Report: Superfund,, September 1998 - October 1999
Michael Rodburg,

· The Long March Toward Risk-Based, Site-Specific Remediation And An Endnote About Frogs
Mealey's Litigation Report: Superfund, September 1998 - October 1999
Michael Rodburg

· Caught In the Middle: The Environmental Audit Privilege and Federal State Conflict
Environmental Law Section Newsletter, June 1997
Michael Rodburg

Press Mentions

· Michael Rodburg named to the American College of Environmental Lawyers., Metropolitan Corporate Counsel, September 2009

· Gary Wingens and Michael Rodburg comment on the success and future of the firm in an article about Wingens' recent appointment to the position of managing director., NJBiz, February 14, 2008

· Michael L. Rodburg profiled for his chairman role to the American Conference on Diversity, and for his achievement in launching Lowenstein Sandler's diversity program, ranked nationally by Multicultural Law Magazine., The Star Ledger, January 4, 2007

· Michael L. Rodburg spotlighted in the publication's Burning Questions column, discussing the origins of the firm and its plans for the future, The Star Ledger, July 1, 2005

· Michael L. Rodburg discusses New Jersey's expanding legal landscape in an article on the growth of leading area law firms, New Jersey Law Journal, May 4, 2005

Practice Areas: Environmental Law & Litigation; Litigation.Email: Michael L. Rodburg

Lawrence M. Rolnick (Member) born 1959; admitted to bar, 1985, New York; 1992, New Jersey; 1991, U.S. District Court, Southern District of New York; 1991, U.S. District Court, Eastern District of New York; 1991, U.S. District Court, Western District of New York; 1992, U.S. District Court, District of New Jersey; 1999, U.S. Court of Appeals, Second Circuit; 1999, U.S. Court of Appeals, First Circuit; 2000, U.S. Court of Appeals, Third Circuit; 2001, U.S. Court of Appeals, Fifth Circuit. Education: Rutgers, The State University of New Jersey (B.A., with high honors, 1981) Henry Rutgers Scholar; Rutgers University School of Law - Newark (J.D., cum laude, 1984) Officer, Rutgers Law Review.

Lawrence M. Rolnick is the Chair of Lowenstein Sandler's Securities Litigation & Enforcement Practice Group and has a broad range of experience in complex commercial litigation, with particular emphasis in securities and class action litigation. Mr. Rolnick co-founded and has chaired the New Jersey State Bar Association's Securities Litigation and Regulatory Enforcement Committee. Mr. Rolnick is listed among The Best Lawyers in America and Chambers USA: America's Leading Lawyers for Business in the business litigation sections. In addition, he has been featured in Super Lawyers since 2005 in the Securities Litigation section of the publication. Mr. Rolnick is also frequently seen on network television as a commentator on securities litigation issues.

In recent years, he has represented Anchor Glass Container Corp., Lucent Technologies, Credit Suisse First Boston, and Salomon Smith Barney in securities and class action litigation. He has represented numerous public companies including ITXC, Dialogic Corporation, Damark Corporation, i-STAT Corporation and others in purported class action litigation; directors and officers in defense of alleged breach of fiduciary duty claims; directors and officers in SEC investigations and civil enforcement proceedings, as well as in the defense of securities claims; Grand Metropolitan, P.L.C. in its successful acquisition of the Pillsbury Company; Campeau Corporation in its successful acquisition of Allied Stores; Fidelity Medical, Inc. and Technivision Inc. in securities-related litigation arising out of an SEC investigation; Wells Fargo in commercial litigation, Ciba-Geigy in the successful defense of alleged environmental violations; and HBO. He has successfully argued before the New Jersey Supreme Court on questions of first impression on securities law issues and defended many clients in conjunction with investigations and actions brought by the Securities and Exchange Commission, the National Association of Securities Dealers and the New York Stock Exchange.

Mr. Rolnick currently represents a number of large investment managers, investment funds, and state and municipal pension funds in securities and class action litigation, including Rocker Management, W.R. Huff Asset Management, Special Situations Funds, Appaloosa Management and Franklin Mutual Advisers. He was retained to prosecute hundreds of millions of dollars of claims arising out of the Adelphia securities scandal. He also currently is prosecuting tens of millions of dollars of claims arising out of the Lernout & Hauspie fraud, and represents lead plaintiffs in the Quovadx securities litigation pending in the United States District Court for the District of Colorado.

Recent Speaking Engagements

· "SEC Litigation," New York Business Roundtable's Hedge Fund MasterClass Symposium, October 15, 2003

Publications

· Post-Financial Meltdown Securities Litigation
Law 360, October 23, 2008
Lawrence Rolnick, Thomas Redburn

· Securities Litigation Today: Striking the Right Balance
The Metropolitan Corporate Counsel, January 2008
Steven Hecht, Lawrence Rolnick

· Complex Litigation: Defending Consumer Fraud Class Actions
New Jersey Law Journal, April 23, 2001
Lawrence Rolnick, Edward T. Dartley, Esq.

· Firm Joins Judges For Securities Conference
Securities Law Alert, November 1, 2000
Lawrence Rolnick

· The Impact of the Kaufman v. i-Stat Corp. Decision
Corporate Officers & Directors Liability, August 2000
Lawrence Rolnick, Edward T. Dartley, Esq.

· Online Brokers Beware: Traditional Risks Threaten The New Era of Electronic Trading
Securities Litigation Alert, April 1999
Lawrence Rolnick, Steven Hecht

· 'Klein v. Boyd' Rationale May Still Be Argued in Other Cases
New York Law Journal, February 8, 1999
Lawrence Rolnick, Edward T. Dartley, Esq.

· Forum Shift: Maintaining a State Common Law Securities Action After the Litigation Reform Act
New Jersey Law Journal, April 20, 1998
Lawrence Rolnick, Edward T. Dartley, Esq.

Press Mentions

· Lawrence M. Rolnick quoted in articles about Rocker Partners' intention to file counterclaims against Overstock.com., The New York Post, Fortune.com, Redherring.com and Reuters, August 19, 2005

· Lawrence M. Rolnick is quoted on Rocker Partners' intention to file counterclaims against Overstock.com., Fortune.com, August 19, 2005

· Lawrence M. Rolnick quoted in an article that examines the value of and risks associated with the use of confidential witnesses in shareholder suits, The National Law Journal, May 2, 2005

Affiliations

· New Jersey State Bar Association

· American Bar Association

· Litigation Section

Languages: French. Practice Areas: Capital Markets Litigation; Class Action & Derivative Litigation; Investment Management; Litigation; Securities Litigation.Email: Lawrence M. Rolnick

Gavin J. Rooney (Member) born 1967; admitted to bar, 1992, New Jersey; 1993, New York. Education: State University of New York at Binghamton (B.A., with honors, 1989) Phi Beta Kappa; Columbia University School of Law (J.D., 1992) Harlan Fiske Stone Scholar.

Gavin J. Rooney is the chair of the Lowenstein Sandler Consumer Fraud Practice Group and a member of both the Class Action and Derivative Litigation Group and the Securities Litigation Group. Mr. Rooney has extensive experience in defending securities, shareholder derivative, class action, consumer fraud, and RICO claims litigated in the federal and state courts around the country.

Much of Mr. Rooney's practice focuses on the defense of large corporate and institutional clients such as Schering-Plough Corporation, Copper River Partners, Special Situations Fund, Bristol-Myers Squibb Company, and Jersey Central Power & Light Company. Among other successes, Mr. Rooney has:

· Won dismissal of RICO, Consumer Fraud Act and other claims brought by a putative class of third-party payors against Schering-Plough, in which the plaintiffs alleged injury arising from the defendants' supposed marketing of oncology drugs for "off-label" indications. This victory was profiled in TheAmericanLawyer.com on July 20, 2009.

· Won summary judgment on behalf of a short-biased investment fund, dismissing RICO conspiracy claims brought by a public pharmaceutical company alleging that the short seller conspired with other hedge funds, a sell-side stock analyst, and others to supposedly spread false information and manipulate the plaintiff's stock price. The case is widely followed by the press - "The Inside Story of a Wall Street Battle Royal," Forbes (July 26, 2006), and "SEC Looks at Hedge Funds' Trades," Wall Street Journal (Feb. 13, 2009).

· Defended Schering-Plough against securities-fraud claims that it misled investors about its manufacturing problems and the risks those problems supposedly posed to FDA approval of a new, blockbuster antihistamine drug.

· Won the first-ever decertification of a class action pending in New Jersey state court, as well as a decision dismissing a classwide damages model which established New Jersey law on the admissibility of such models. Muise v. GPU, Inc., 371 N.J. Super. 13 (App. Div. 2004). Defended numerous product manufacturers against putative class action claims under the New Jersey Consumer Fraud Act, including the manufacturers/sellers of (i) the allergy drug Claritin, (ii) Coppertone sunscreen, (iii) prepaid telephone calling cards, and (iv) Wal-borne (an equivalent product to Airborne).

At present, Mr. Rooney is counsel to Schering-Plough in the defense of several securities, shareholder derivative, and ERISA class action claims arising out of allegations that the defendant delayed release of the adverse result of a clinical trial.

Mr. Rooney also handles non-class securities claims, shareholder disputes, environmental and real estate matters, and other types of commercial litigation.

Mr. Rooney is well-experienced in trial and appellate work. He has tried numerous jury and non-jury cases in New Jersey, New York and Florida, and won a verdict from a New York jury on behalf of an investment fund plaintiff valued at over $1 million arising out of a public company's tardy registration of stock. Mr. Rooney has argued before the mid-level appellate courts of New Jersey, California, and New York on numerous occasions, argued several cases before the New Jersey Supreme Court, and appeared before the Second Circuit Court of Appeals.

Publications

· A Review of the State of the State
Metropolitan Corporate Counsel, July 2011
Gavin Rooney, Roger Schwarz

· The Long Reach Of The New Jersey Consumer Fraud Act and Similar State Legislation
Metropolitan Corporate Counsel, November 2010
Gavin Rooney

· Does the Failure of the Preemption Defense in Wyeth v. Levine Expose New Jersey-Based Drug Companies to Consumer Fraud Act Claims?
BNA: Pharmaceutical Law & Industry, June 5, 2009
Gavin Rooney

· Out-of-State Roadshow for N.J.'s Consumer Fraud Act
New Jersey Law Journal, July 10, 2006
Gavin Rooney

· Court Opens the Door to Nationwide Consumer Fraud Class Actions
The Metropolitan Corporate Counsel, June 2006
Gavin Rooney

· Court Opens the Door to Nationwide Consumer Fraud Class Actions Against New Jersey-Based Companies
Litigation Alert, April 2006
Gavin Rooney

· Class Action Alert
Class Action Alert, March 2005
Douglas Eakeley, Gavin Rooney

· Of Blackouts and Lawsuits
Public Utilities Fortnightly, July 2004
Gavin Rooney, Nicole Bearce Albano

· Getting a Handle on the Unmanageable
New Jersey Law Journal, April 29, 2002
Michael Lichtenstein, Gavin Rooney

· Telecom 'Detariffing' Poses Risk of More Class Actions
State & Local Communications Report, April 20, 2001
Gavin Rooney

Press Mentions

· Lowenstein Sandler's representation of Schering-Plough (now Merck) in a putative class action seeking damages for the alleged "off-label" marketing of two oncology drugs, Temodar and Intron, is highlighted. The Lowenstein team including Gavin Rooney, Alan Modlinger and Miguel Pozo, won motions to dismiss amended complaints with prejudice, the federal district court for the District of New Jersey finding that the plaintiffs failed to allege injury sufficient to confer Article III standing., Metropolitan Corporate Counsel, July 5, 2010

· Gavin Rooney comments on the victory the firm won for client Schering-Plough (now Merck), in which the firm convinced Judge Stanley Chesler to dismiss, with prejudice, a putative class action by third-party payors and consumers complaining of off-label marketing of cancer drugs Temodar and Intron., AmLaw Litigation Daily, June 16, 2010

· Lowenstein is highlighted for winning a motion to dismiss on behalf of client Schering-Plough Corporation in In re Schering-Plough Corp. Intron/Temodar Consumer Class Action. The case involved a putative class of third-party payors and consumers who sought to recover payments made for the purchase of oncology drugs by alleging that the drug maker illegally marketed the drugs for "off-label" indications. The Lowenstein team was led by Gavin Rooney., AmericanLawyer.com, July 20, 2009

· Gavin J. Rooney, prevailing on a summary judgment motion on behalf of hedge fund client, Copper River Partners, and its former principal, David Rocker, comments on the court's decision in this case, which was brought by Fairfax Financial Holdings and alleged a conspiracy to drive down the stock price of Fairfax in order to profit on short positions., Bloomberg, September 25, 2008

· Gavin J. Rooney comments on copycat suits filed in New Jersey, in the wake of Overstock.com's recent libel suit against Gradient Analytics Inc. alleging negative ratings that caused Overstock.com's stock to plummet., The Recorder, March 29, 2007

· Gavin J. Rooney is featured for his representation of brokerage company defendant Blaylock & Partners in the shareholder suit of Ohio Public Employees Retirement System v. Freddie Mac., The American Lawyer, July 2006

· Gavin J. Rooney discusses the recently enacted Class Action Fairness Act., New Jersey Lawyer, June 2005

Affiliations

· New Jersey State Bar Association
- Class Action Committee

· Adjunct Faculty, Seton Hall School of Law (1999-present)

Practice Areas: Capital Markets Litigation; Class Action & Derivative Litigation; Commercial & Business Litigation; Life Sciences; Litigation; Securities Litigation.Email: Gavin J. Rooney

Kenneth A. Rosen (Member) born 1953; admitted to bar, 1979, New Jersey; 1980, New York; 1979, U.S. District Court, District of New Jersey; 1981, U.S. District Court, Southern District of New York; 1981, U.S. District Court, Eastern District of New York; 1981, U.S. Court of Appeals, Second Circuit. Education: Cornell University (B.S., 1975); Benjamin N. Cardozo School of Law (J.D., 1979); Columbia University (M.B.A., 1980).

Kenneth A. Rosen leads the firm's Bankruptcy, Financial Reorganization & Creditors' Rights Group. Mr. Rosen is listed among The Best Lawyers in America in the bankruptcy and creditor-debtor rights section, the 2008-2011 editions of Chambers USA: America's Leading Lawyers for Business, and was featured in the 2005, 2006 and 2007 issues of Super Lawyers in the Bankruptcy and Workout section of the publication. In addition, Mr. Rosen is ranked among the top unsecured creditor attorneys in the country by The Deal's Bankruptcy Insider.

He has extensive experience helping companies develop viable solutions to financial crises, including Chapter 11 reorganization, out-of-court workouts, financial reorganization, and litigation. Mr. Rosen is a regular contributor to NY Metro area real estate publications, and has written extensively about bankruptcy in real estate and the general business press.

Publications

· Roundtable U.S. Bankruptcy
Financier Worldwide, June 2007
Kenneth Rosen

· Bankruptcy remote Clauses in Real Estate Mortgages
Real Estate Finance Journal, 1997
Kenneth Rosen

· Finally Something Good Comes from Asbestos Contamination
Real Estate Finance Journal, 1995
Kenneth Rosen

· The Forced 1111 (b) Issue in Real Estate Bankruptcy
Real Estate Finance Journal, 1994
Kenneth Rosen

· The Dischargeability in Bankruptcy of Alimony, Maintenance and Support Obligations
60 American Bankruptcy Law Journal, 1986
Kenneth Rosen

· Section 1121 and Non-Debtor Plans of Reorganization
56 American Bankruptcy Law Journal, 1982
Kenneth Rosen

Press Mentions

· John K. Sherwood, Kenneth A. Rosen and Wojciech F. Jung are highlighted for representing Ocean Place Development LLC in its Chapter 11 bankruptcy case., The Deal Pipeline, November 8, 2011

· Kenneth Rosen comments on the Chapter 7 liquidation of women's apparel brand Ellen Tracy. Lowenstein Sandler represents the creditors in the case., Crain's New York Business, August 14, 2009

· Kenneth Rosen comments on lenders' response to the increased number of bankruptcies during the recession., Business Week, June 23, 2009

· Kenneth A. Rosen discusses the rippling effect placed on businesses amid recent trends in corporate bankruptcies., New York Business.com, April 22, 2007

· Kenneth A. Rosen discusses the U.S. Bankruptcy Court's approval of interim financing provided by Kimco Services Corp. and Kimco Capital Corp. to R&S Parts and Service Inc. in wake of its recent Chapter 11 filing., Daily Deal, August 15, 2006

· Kenneth A. Rosen is quoted in an article about Pegasus Communications' Noteholders' Committee objecting to the liquidation plan of Pegasus Satellite Television., The Deal, April 15, 2005

Events

· June 19, 2012
When World Collide - The Intersection of Labor, Pension, and Bankruptcy Laws

Affiliations

· American Bar Association

· New Jersey State Bar Association
- Chairman, Bankruptcy Law Section
- Section on Creditor and Debtor Relations

· New York State Bar Association
- Corporation, Banking & Business Law Section

· Business Bankruptcy Committee

· Bankruptcy Lawyers Bar Association

· Commercial Law League of America

· Turnaround Management Association

· American Bankruptcy Institute Court Administration and ADR Committee
- Co-Chair

· United Jewish Federation
- Trustee

· American Jewish Congress
- Trustee

· Saint Barnabas Healthcare System
- Trustee
- Audit Committee
- Compliance Committee
- Strategic Planning Committee

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Kenneth A. Rosen

Sheila A. Sadighi (Member) born 1971; admitted to bar, 1999, New Jersey; 2008, District of Columbia; 1999, U.S. District Court, District of New Jersey; 2001, U.S. Court of Appeals, Fifth Circuit; 2006, U.S. Court of Appeals, Third Circuit; 2009, U.S. Supreme Court. Education: Mount Holyoke College (B.A., 1993); Boston College Law School (J.D., 1999).

Sheila A. Sadighi is a member of the firm's Litigation Department and practices in the Securities Litigation and Enforcement Group. Ms. Sadighi's practice focuses on the representation of hedge funds, private equity and other institutional investor and lender clients in a variety of litigation and counseling contexts. She often works with the firm's Investment Management and Creditors' Rights Groups to deliver the highest quality, and most efficient and integrated advice and service to the firm's financial sector clients. She enjoys working with her clients to understand their business and their objectives, and to maximize value.

Ms. Sadighi represents clients in litigations and negotiations relating to credit agreements, indentures, registration rights agreements, CLOs and CDOs, LSTA par/near par trades, ISDA Master Agreements and related CSAs, and other derivatives contracts. She handles prime broker and margin disputes, valuation disputes, and general commercial claims. In addition, she counsels clients in connection with litigation risks associated with mergers and acquisitions and securities offerings.

Ms. Sadighi's practice also includes the representation of institutional investors as both plaintiffs and defendants in individual and class actions under the anti-fraud provisions of the federal securities laws. She assists clients in assessing and processing claims in securities class action settlements, and counsels and represents clients with respect to "opt out" litigations. She represents institutional and individual investors in federal securities and common law actions arising out of private placement offerings, and in defense of shareholder class actions and derivative suits. She also defends clients in investigations and civil proceedings brought by the United States Securities and Exchange Commission, including claims alleging primary and aiding and abetting violations of Rule 10b-5, sales of unregistered securities, and insider trading.

Selected Case Highlights

· Successfully represented institutional investors and individual before the United States Court of Appeals for the Fifth Circuit in defense of an appeal of the dismissal of a purported Civil RICO class action

· Represents first-lien secured lender group in litigation to enforce terms of Credit Agreement

· Represents fund clients as plaintiffs in federal securities litigation arising out of collapse of Belgian speech technology company Lernout & Hauspie Speech Products, N.V.

· Represents institutional investor and individual clients as plaintiffs in federal securities litigation relating to Adelphia Communications Corp.

· Defended German media distributor and negotiated resolutions of multiple billion dollar claims for breach of feature film and television co-production and output licensing agreements

Reported Decisions

· Nolen v. Nucentrix Broadband Networks, Inc., et al., 293 F.3d 926 (5th Cir.), cert. denied 123 S. Ct. 600, 154 L.Ed. 2d 520 (2002).

· Liberty Ridge LLC, et al. v. RealTech Systems Corp., et al., 173 F. Supp. 2d 129 (S.D.N.Y. 2001).

· SEC v. Lucent Technologies Inc., et al., 363 F. Supp. 2d 708 (D.N.J. 2005)

Publications

· Secured Lenders Do Not Have an Absolute Right to Credit Bid
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, March 24, 2010
Sharon Levine, Sheila Sadighi, S. Jason Teele, Joseph Becht, Jr.

· Negotiating Break-Up Fees In A Stalking Horse Bid
Law 360, January 27, 2010
Sharon Levine, Sheila Sadighi, S. Jason Teele, Cassandra Porter

· Kelson Channelview LLC v. Reliant Energy Channelview LP: When Negotiating a Break-Up Fee in a Stalking Horse Bid, Make Sure it Meets Section 503(b)'s "Necessary to Preserve Value" Test
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, January 20, 2010
Sheila Sadighi, S. Jason Teele, Cassandra Porter

· New Decision Requiring Disclosures for Informal Committees in Bankruptcy Cases
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 14, 2009
Sharon Levine, Sheila Sadighi, S. Jason Teele

· Intercreditor Agreements Cementing Priorities and Silencing Objections
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 8, 2009
Sharon Levine, Sheila Sadighi, Wojciech Jung, Andrew Behlmann

Practice Areas: Appellate; Capital Markets Litigation; Investment Management; Litigation; Securities Litigation.Email: Sheila A. Sadighi

David S. Sager (Member) admitted to bar, 1992, New Jersey; 1996, New York. Education: University of Michigan (B.A., with distinction, 1988); Duke University School of Law (J.D., 1991).

David S. Sager, Member of the Firm, is a veteran litigator who represents businesses throughout the United States, including high-profile national brands such as Ramada, Howard Johnson, Days Inns, Wyndham, Dunkin' Donuts, McDonald's and Genesis HealthCare. He has extensive experience litigating and arbitrating disputes involving franchise and distribution relationships, acquisitions and divestitures, and consumer class actions.

David has litigated scores of franchise disputes, and his work in this area has led to numerous published decisions and earned him national-level recognition in Chambers USA: America's Leading Lawyers for Business. He is also listed in The Best Lawyers in America and Super Lawyers. He has spoken and written about a variety of franchise-related topics, including his presentation of the judicial update at the 2007 ABA Forum on Franchising, for which he co-authored the ABA book Annual Franchise and Distribution Law Developments (2007).

Publications

· Annual Franchise and Distribution Law Developments 2007
David Sager

· Franchisees: Withhold Royalties at Your Own Risk
Franchise Law Journal, Spring 2006
David Sager

· Liquidated Damages Provisions and the Case For Routine Enforcement
Franchise Law Journal, Spring 2001
David Sager

Press Mentions

· In Law360, Best Law Firms' Law Firm Insider and on Citybizlist.com, David Sager's addition as Member of the Firm in Lowenstein Sandler's Commercial & Business Litigation group is highlighted., Law360, Best Law Firms' Law Firm Insider, Citybizlist.com, May 2012

Affiliations

· American Bar Association - Litigation Section and Forum on Franchising

· Association of the Federal Bar of the State of New Jersey

· New Jersey Supreme Court District Ethics Committee, District X, 1999 - 2003

Practice Areas: Commercial & Business Litigation; Litigation.Email: David S. Sager

Nicholas San Filippo (Member) born 1970; admitted to bar, 1995, New Jersey; 1999, New York. Education: Villanova University (B.S., 1992); St. John's School of Law (J.D., cum laude, 1995).

Nicholas San Filippo IV's practice focuses on mergers and acquisitions, complex business transactions and business divorces. He also regularly serves as outside general counsel to several businesses in a variety of industries.

Nick has represented both public and private buyers and sellers in merger and acquisition transactions valued from $2 million to in excess of $2 billion in a wide variety of industries, including the chemicals, manufacturing, food, distribution, insurance, professional services and plastics industries. He is equally comfortable working with a public company's experienced in-house acquisition/disposition team as he is representing clients with little or no M&A experience. When representing clients new to mergers and acquisitions, Nick often serves as both business counselor and legal counselor to his clients.

Nick's recent M&A transactions include the following representations:

· Indorama Ventures in its $420 million acquisition of the U.S. and Mexican polyester and PET resins business of Invista S.a.r.l.

· Indorama Ventures in its acquisition of FiberVisions Holdings LLC from Snow Phipps Group

· Indorama Venture's acquisition of Tiepet, Inc.

· Bel Fuse Inc.'s $37.5 million acquisition of Cinch Connectors from Safran S.A.

· Bel Fuse Inc.'s $35 million acquisition of the passive components group from Insilco Technologies, Inc.

· Rockwood Specialties Group, Inc.'s acquisition of Hamburger Color Company

· Winebow, Inc. in its strategic transaction with Freeman Spogli & Co.

· Nucomm, Inc. in its cash and stock sale to The Vitec Group PLC

· AFL Web Printing's sale to DFW Capital Partners

· Benefitport MidAtlantic's sale to Emerson Reid & Co.

· Corporate Edge, Inc.'s sale to Innerworkings, Inc.

· The Cheese Works, Inc.'s sale to EG Capital

· Schaft's Specialty Pharmacy's sale to Walgreens Health Services

In his role as outside general counsel, Nick makes available his broad knowledge of business law to business owners and senior officers. He also provides his clients with the ability to leverage both the substantial capabilities of Lowenstein Sandler as well as his network of professional service providers. In this role, Nick typically serves as more than just a simple legal advisor; he becomes part of a client's strategic planning team and is that "one call" a business owner makes when contemplating a significant venture or is presented with a significant issue.

Nick also regularly advises business owners in planning for, negotiating and, if necessary, litigating business divorces. While representing clients contemplating or embroiled in a business divorce, Nick calls upon his extensive knowledge of New Jersey's Oppressed Minority Shareholder Statute, if applicable, and the similar statutes and related legal precedent of the pertinent jurisdiction. Having represented business owners who successfully negotiated an amicable business divorce and business owners who experienced a contentious business separation, Nick provides practical solutions and, if necessary, assists clients in preparing for and executing upon a proper litigation strategy.

Nick takes a highly personalized approach to the practice of law. In addition to remaining in constant contact with his clients, Nick believes it is imperative to understand a client's business philosophy, economic drivers and risk factors. By understanding the opportunities and concerns of a client's business, he is able to proactively assist clients in capitalizing on business opportunities and minimizing business risk.

At Lowenstein, Nick is Co-Chair of the firm's Corporate / Securities Group, a practice group that focuses on mergers and acquisitions and public company securities law compliance issues. He also serves as Co-Leader of the Business Divorce Group and Vice-Chair of the firm's Recruiting Committee.

He has been recognized for his mergers and acquisitions work in the New Jersey edition of Super Lawyers (2010-2012), which also listed him as a mergers and acquisitions "Rising Star" from 2006 - 2009. In 2008, Nick was selected by New Jersey Law Journal as one of the state's "40 Under 40" rising stars in the legal profession.

Speaking Engagements:

· Panelist: "Acquisition Strategies to Establish Leadership Positions," Mergers & Acquisitions Executive Forum, Chicago, IL, April 16, 2012

· Panelist: "The Changing M&A Landscape and Its Role in Industry Evolution," Mergers & Acquisitions Executive Forum, Chicago, IL, April 16, 2012

· Co-presenter: "The Causes, Dynamics and Legal Framework of a Business Divorce," Rutgers School of Law, Newark, NJ, October 27, 2011

· Moderator: "Valuation, Tax and Pay-Out Concerns in the Business Divorce," New Jersey Institute for Continuing Legal Education's Business Law Symposium 2010, New Brunswick, NJ, April 9, 2010

· Co-presenter: "The Causes, Dynamics and Legal Framework of a Business Divorce," Essex County Chapter of the New Jersey Society of Public Accountants, East Hanover, NJ, November 13, 2009.

Publications

· Am I My Brother's Keeper? The Family Business Divorce
Family Business Magazine, Winter 2010
Nicholas San Filippo

· Minority Shareholders Rejoice: New Jersey Extends Reach of Oppressed Minority Shareholder Statute
Corporate Accountability, October 15, 2010
Nicholas San Filippo

· When It Comes to Oppression, Corporations and LLCs Are Not Created Equal
Bloomberg Law Reports - Corporate Law, April 2010
Richard Wilkinson, Nicholas San Filippo, Eileen Overbaugh

· Can I Fire My Business Partner?
Bloomberg Law Reports - Corporate Law, April 2010
Nicholas San Filippo, Alex Leibowitz

· Earn-Outs: Bridge the Gap, With Caution
BNA: Mergers and Acquisitions Law Report, June 2009
Steven Fuerst, Nicholas San Filippo

· Am I Handcuffed to My Business Partner?
Bloomberg Law Reports, March 23, 2009
Steven Fuerst, Nicholas San Filippo, Lloyd Jeglikowski

· 40 Under 40
New Jersey Law Journal, August 11, 2008
Nicholas San Filippo

· What Shareholders Should Know About Their Duties to Other Shareholders
Professional Insurance Agents, April 2005
Nicholas San Filippo

· Does Your Buy/Sell Agreement Need To Be Updated?
Professional Insurance Agents, March 2005
Nicholas San Filippo

· Look Before You Leap! The Pitfalls of Issuing Equity to an Employee
CLOSELYheld, November 2004
Nicholas San Filippo, Lawrence M. Gradzki, CPA, JD, LLM

· Can Your Company Pass A Legal Physical?
CLOSELYheld, January 2003
Nicholas San Filippo

· The Negotiations Have Just Begun
CLOSELYheld, April 2001
Nicholas San Filippo

Press Mentions

· In a New Jersey Law Journal article, Nicholas San Filippo comments on how the economic recession has affected the mergers and acquisitions climate., New Jersey Law Journal, January 19, 2011

· Nicholas San Filippo comments on how the economic downturn is affecting mergers and acquisitions., New Jersey Business, September 2008

Events

· April 16, 2012
Mergers & Acquisitions Executive Forum

Affiliations

· American Bar Association

· New Jersey State Bar Association

Practice Areas: Business Divorce; Corporate; Mergers & Acquisitions.Email: Nicholas San Filippo

Samuel B. Santo, Jr. (Member) born 1964; admitted to bar, 1989, New Jersey; 1993, New York; 1989, U.S. District Court, District of New Jersey; 1989, U.S. Court of Appeals, Third Circuit. Education: University of Notre Dame (B.A., 1986); University of Notre Dame School of Law (J.D., 1989) President, Student Bar Association.

Samuel B. Santo, Jr. has more than 20 years of experience in a wide variety of complex commercial litigation matters, and is the Former Chair of the firm's E-Discovery Task Force. A long-standing firm liaison to the Network of Trial Law Firms, and a Member of Lowenstein's Litigation Department, Mr. Santo has trial experience in both state and federal courts. His experience extends to matters involving the New Jersey Franchise Practices Act, the New Jersey Consumer Fraud Act, representation of health care industry clients, breaches of contract, Third Party Logistics (3PLs), electronic discovery obligations and best practices, employee piracy and other business torts, corporate counseling and a wide array of complex commercial and business litigation matters.

Recent representative clients/matters include:

· Kearfott Guidance & Navigation Corporation in a breach of contract dispute concerning an inertial navigation guidance systems contract valued in excess of $100 million;

· The University of Medicine and Dentistry of New Jersey ( New Jersey's university of the health sciences and the largest institution of its kind on the nation) in a breach of contract/implied covenant of good faith/employee piracy matter involving claims in excess of $10 million;

· Dornbracht USA, Inc. and Aloys F. Dornbracht GmbH & Co. KG ( a premium kitchen and bath fixture manufacturer and its U. S. representative) in a variety of matters, including a breach of contract lawsuit implicating the franchise practices acts of over ten (10) states;

· Liberty Healthcare System/Jersey City Medical Center in an appeal from the State Commissioner of Health's rejection of a certificate of need application seeking authority to operate a new megavoltage radiation oncology program;

· National Coordinating Counsel in connection with a Manufacturer's defense of asbestos-related wrongful death and personal injury lawsuits pending in over twenty-five (25) states;

· Verizon Wireless in a litigation involving the misapplication of commercial instruments;

· The Official Committee of Asbestos Claimants of G-I Holdings, Inc. in an action to set aside an alleged fraudulent conveyance valued at approximately $1 billion;

· The Newark Group in an action against foreign nationals and their domestic operating company involving claims of employee piracy and tortious interference with business opportunity; and

· Corning Inc. in a variety of commercial business issues, including a breach of contract lawsuit concerning facilities located in both the United States and Europe and venued in federal court.

Practice Areas: Class Action & Derivative Litigation; Commercial & Business Litigation; Litigation; Products & Specialty Torts.Email: Samuel B. Santo, Jr.

John D. Schupper (Member) born 1944; admitted to bar, 1968, New Jersey. Education: University of Pennsylvania (B.A., 1965); University of Pennsylvania School of Law (LL.B., magna cum laude, 1968) Order of the Coif, Comment Editor, University of Pennsylvania Law Review.

John D. Schupper has a diverse corporate practice and has been counseling senior management for more than 35 years on complex financial, operating and strategic planning issues. He also served as Chief Financial Officer of the firm from 1997 to 2006. Mr. Schupper is listed among The Best Lawyers in America in the corporate, mergers & acquisitions, and securities law section .

Mr. Schupper's business acumen allows him to identify opportunities, tap resources and negotiate on behalf of his clients, thereby assisting them in achieving their business and financial objectives. He has represented senior management in the planning, negotiation and implementation of financial and business transactions, including:

· Mergers and acquisitions, including leveraged buyouts and recapitalizations

· Debt and equity securities placement

· Troubled-debt restructurings

· Executive compensation

· Securities enforcement issues for broker-dealers and others

In addition to his extensive experience in the banking and financial services industries, he also has considerable experience working with clients in printing, retail, distribution, and computer-related businesses.

Clerkships

· New Jersey Supreme Court, Honorable Joseph Weintraub

Practice Areas: Corporate; Corporate Finance & Securities; Employee Benefits & Executive Compensation; Mergers & Acquisitions.Email: John D. Schupper

Mary E. Seymour (Member) born 1961; admitted to bar, 1994, New Jersey; Colorado; 1994, U.S. District Court, District of New Jersey. Education: Saint Peter's College (B.S., Business Management, 1983); Seton Hall University School of Law (J.D., 1994).

Mary E. Seymour is a member of the Bankruptcy, Restructuring and Creditors' Rights Group. She joined Lowenstein Sandler in 2000 and became partner in 2006.

Ms. Seymour has a broad range of experience in advising clients on a variety of bankruptcy and restructuring related matters. Her practice involves all aspects of in-court and out-of-court restructuring of financially distressed businesses, including representation of corporate debtors, official and unofficial creditors' committees, significant stake holders and third-party purchasers.

Recent chapter 11 debtor representations include Ponderosa Pine Energy Partners, Ltd. and American Community Newspapers, Inc. Ms. Seymour has also represented official and unofficial creditors' committees in chapter 11 cases and out-of-court restructurings including, among others, Marcal Paper Mills, Inc.; Hayes Lemmerz International, Inc; Lear Corporation; PCAA Parent, LLC (AviStar Airport Parking); Ronson Corporation; C2 Media, LLC; Bedford Communications, Inc.; US Web, Inc; National Packaging Solutions Group and Pace Press.

Publications

· Creditors' Committees Power is Affirmed
Bankruptcy Watch, September 2003
Jeffrey Prol, Mary Seymour

Press Mentions

· Mary E. Seymour is quoted on the second win for cash collateral by electricity wholesaler Ponderosa Pine Energy Partners Ltd, The Daily Deal, May 11, 2005

Affiliations

· Member, American Bankruptcy Institute

· Member, National Association of Credit Managers

· Barrister, New Jersey Bankruptcy Inn of Court (past vice-president)

· President, Women in Federal Practice in New Jersey, Inc.

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Mary E. Seymour

Jeffrey M. Shapiro (Member) born 1965; admitted to bar, 1992, New Jersey; 1992, U.S. District Court, District of New Jersey. Education: Hamilton College (A.B., 1987); Washington University School of Law (J.D., 1992).

Jeffrey M. Shapiro is a member of the firm's M&A and Securities Group where he practices in the areas of proxy contests, mergers and acquisitions, commercial transactions, corporate governance and corporate law. Mr. Shapiro regularly represents activist stockholders and issuers in all aspects of proxy contests and consent solicitations. He also frequently advises clients on all aspects of private and public merger and acquisition transactions and leveraged buy-outs. In addition, Mr. Shapiro counsels clients on shareholder disputes, oppression claims and business divorce matters as well as on corporate governance matters for private and public companies. He also advises clients on Hart-Scott-Rodino related antitrust issues.

Mr. Shapiro is co-author of the definitive book on New Jersey corporate law and practice, New Jersey Corporations and Other Business Entities.

Representative Transactions:

· Special Situation Fund's proxy contest with Response Genetics, Inc.

· TDI Power's proxy contest

· Cerberus Capital Management's $1.1 billion acquisition of Tower Automotive out of bankruptcy

· Oliver Press Partners' proxy contest with Emageon Inc.

· Lucent Technologies' $295 million acquisition of Telica

· Oliver Press Partners' proxy contest with The Phoenix Companies, Inc.

· Winebow, Inc. in its strategic transaction with Freeman Spogli & Co.

· Oliver Press Partners' board nominations to, and settlement with, Coherent, Inc.

· The Newark Group's $175 million offering of senior subordinated notes

· Wilshire Enterprises' proxy contest with Bulldog Investors

· Anadigic's $100 million offering of convertible notes

· Oliver Press Partners' solicitation involving Comverse Technology

· Palisade Capital's $20 million investment in Kroll Inc.

· Elite Pharmaceuticals' proxy contest

Recent Speaking Engagements:

· DealFlow Media's Activist Investor Conference, New York, NY January 23-24, 2012

· DealFlow Media's Activist Investor Conference, New York, NY January 27-28, 2011

· Infovest 21 Conference "Does an Activist Manager Add Value to An Investor Portfolio," New York, NY, September 20, 2010

· Active Passive Investor Summit, New York, NY, February 22, 2010

· DealFlow Media's Activist Investor Conference, New York, NY, January 21-22, 2010

· 3rd Annual Hedge Fund Activism & Shareholder Value Summit, San Diego, CA, September 22-23, 2009

· Annual Asset Management Thought Leadership Summit New York, NY, April 20, 2009

· 2nd Annual Hedge Fund Activism & Shareholder Value Summit, Phoenix, AZ, September 22-23, 2008

· 2008 Corporate Counsel Institute, January 23, 2008

· Business Law Symposium, New Jersey Institute of Continuing Legal Education, March 2006

Professional and Community Activities:

· Board of Directors of the Business Law Section of the New Jersey Bar Association

· ABA Business Law Section: Committee on Corporate Governance, Committee on Mergers and Acquisitions

· Counsel to the New Jersey Corporation and Business Law Study Commission

Publications

· SEC Guidance on Climate Change Disclosure
Corporate Finance & Securities and Environmental Client Alert, August 2010
Jeffrey Shapiro, Eileen Overbaugh

· New Jersey Business Corporation Act Developments
Corporate Department Client Alert, January 2010
Jeffrey Shapiro, Roger Schwarz

· QUALCOMM Settles Department Of Justice Charges On Its Acquisition Of Flarion
The Metropolitan Corporate Counsel, July 2006
Jeffrey Shapiro, Michael Hahn

· QUALCOMM Settles Department of Justice Charges that it Violated the HSR Waiting Period Requirement in Connection with its Acquisition of Flarion
M&A Alert, May 2006
Jeffrey Shapiro, Michael Hahn

· Hedge Fund Manager Settles HSR Enforcement Action for $350,000.00
Investment Management Alert, October 2005
Jeffrey Shapiro

· Corporate Governance Does Not End With Sarbanes-Oxley
Metropolitan Corporate Counsel, June 2005
Jeffrey Shapiro, Steven Skolnick

· SEC Issues New MD&A Guidance
Corporate Finance Alert, January 6, 2004
John Hogoboom, Jeffrey Shapiro

· New NASDAQ and NYSE Rules Requiring Shareholder Approval of Equity Compensation Plans Approved by the SEC
Corporate Finance Alert, September 2003
Peter Ehrenberg, Andrew Graw, Jeffrey Shapiro

· The SEC Proposes New Rules to Implement Sarbanes-Oxley Act Provisions Regarding Off-Balance Sheet Arrangements, Contractual Obligations and Contingent Liabilities and Commitments
Corporate Finance Alert, November 19, 2002
Peter Ehrenberg, Jeffrey Shapiro

· SEC Implements Sarbanes-Oxley Act Provisions and Accelerates Filing Deadlines for Forms 10-K and 10-Q
Corporate Finance Alert, August 28, 2002
Peter Ehrenberg, Jeffrey Shapiro

· Will You Still Love Me Tomorrow? Five Things I Should Have Asked My VC Before I Cashed the Check
New Jersey TechNews, March 2002
Jeffrey Shapiro, Kef Kasdin (Battelle Ventures, LP and Early Stage Enterprises, LP)

· Venture Capital in Focus: Down-Round Financing
New Jersey TechNews, September 2001
Jeffrey Shapiro, Steven Skolnick

Press Mentions

· In a summary of DealFlow Media's Activist Investor Conference 2010, Jeffrey Shapiro's comments during his "Strategies and Tactics for Responding to Investor Activism" presentation are highlighted., The Hedge Fund Law Report, January 27, 2010

Affiliations

· American Bar Association

· Corporate and Business Law Section

· New Jersey State Bar Association

Practice Areas: Antitrust & Trade Regulation; Business Divorce; Corporate; Corporate Finance & Securities; Mergers & Acquisitions.Email: Jeffrey M. Shapiro

John K. Sherwood (Member) born 1961; admitted to bar, 1986, New Jersey; 1986, U.S. Court of Appeals, Third Circuit. Education: James Madison University (B.S., 1983); Seton Hall University (J.D., 1986).

Jack Sherwood has more than 20 years of experience in bankruptcy and debtor-creditor matters including related litigation. Mr. Sherwood's practice includes the following types of matters:

· Representing debtors; creditor committees; secured creditors; landlords; stockholders; trustees; directors; officers; employees and other parties in bankruptcy cases and non-bankruptcy business reorganizations

· Representing parties in debtor-creditor litigation matters such as fraudulent conveyances, preferences, director and officer liability, contract disputes and similar matters

· Counseling corporate management in insolvency situations

Mr. Sherwood is the President of the New Jersey Bankruptcy Lawyers Foundation and a member of the advisory board for the Middle Atlantic Region of the American Bankruptcy Institute. He also serves on the bankruptcy pro bono subcommittee for the New Jersey State Bar Association. Mr. Sherwood is listed among The Best Lawyers in America (2012) for his work in bankruptcy and creditor debtor rights/insolvency and reorganization law and has been featured in the bankruptcy section and corporate counsel edition of the Super Lawyers. Additionally, Mr. Sherwood has lectured on various bankruptcy-related topics for the New Jersey Institute of Continuing Legal Education, the Bankruptcy Inn of the Court, and other organizations.

His recent engagements include:

· Ocean Place Development Resort - District of New Jersey, counsel to debtor

· Remedial (Cyprus) Public Company Ltd.- Southern District of New York bankruptcy, counsel to debtor

· Velocity Express - Delaware bankruptcy, counsel to Debtor

· MagnaChip Semiconductor Finance Company - Delaware bankruptcy, counsel to creditors' committee

· Hayes Lemmerz International, Inc. - Delaware bankruptcy, counsel to creditors' committee

· American Community Newspapers LLC - Delaware bankruptcy, counsel to debtor

· Quebecor World (USA) Inc., - Southern District of New York bankruptcy, litigation counsel to creditors' committee

· Le Natures, Inc. - W.D. Pennsylvania bankruptcy, counsel to creditors' committee

· Interlake Material Handling - Delaware bankruptcy, counsel to creditors' committee

· Sofa Express, Inc. - Tennessee bankruptcy, counsel to secured lender

· IWT Tesoro Corporation - New York bankruptcy, counsel to creditors' committee

· Tower Automotive, Inc. - New York bankruptcy, counsel to a purchaser of assets and plan proponent

· Georgette Klinger - New Jersey Bankruptcy, counsel to debtor

· Le Gourmet Chef - New Jersey bankruptcy, counsel to creditors' committee

· Ponderosa Pine Energy - New Jersey bankruptcy, counsel to debtor

· Mainzer Minton Co., Inc. - Southern District of New York bankruptcy, counsel to debtor

· FLI Learning Systems, Inc. - Delaware bankruptcy, counsel to secured lender

· G-I Holdings (GAF) - New Jersey bankruptcy, counsel for asbestos claimants

· Heard Communications, Inc. - New Jersey bankruptcy, counsel to debtor

· Better Methods Alexander - Southern District of New York bankruptcy, counsel to debtor

· Lason, Inc. - Delaware bankruptcy, counsel to creditors' committee

· MBC Greenhouse - Delaware bankruptcy, counsel to creditors' committee

· Agribiotech, Inc. - Nevada bankruptcy, counsel to Rutgers University

· International Helicopter, Inc. - New Jersey bankruptcy, counsel to trustee

Recent Speaking Engagements:

· 26th Annual Bankruptcy & Restructuring Conference, Topic: "(Not So Free) Sailing Around the World" Cross Border Restructuring" June 2010

· American Bankruptcy Institute, Topic: "Issues Concerning Post Confirmation Liquidation Trusts" August 2009

· West LegalEdCenter Webinar, Topic: "What Private Equity Investors Need to Know About Section 363 Sales," February 11, 2010

Publications

· The WaMu Lesson: Craft Your Releases Carefully
Law 360, January 28, 2011
Sharon Levine, John Sherwood, Nicole Stefanelli

· The WaMu Lesson: Craft Your Releases Carefully
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, January 18, 2011
John Sherwood, Nicole Stefanelli

· Committee Compliance With 1102 (b)(3) -- The New Code
New Jersey Bankruptcy Bench Bar Conference, April 21, 2006
John Sherwood

· Detour Around Absolute-Priority Rule Is Closed Off
The National Law Journal, March 6, 2006
John Sherwood, Wojciech Jung

· Third Circuit Addresses Debtor's Indemnification of Financial Advisors for Ordinary Negligence
New Jersey Turnarounds (a publication of the Turnaround Management Association), September 2003
John Sherwood

Press Mentions

· John K. Sherwood, Kenneth A. Rosen and Wojciech F. Jung are highlighted for representing Ocean Place Development LLC in its Chapter 11 bankruptcy case., The Deal Pipeline, November 8, 2011

Affiliations

· American Bar Association
- Business Law and Bankruptcy Law Sections

· New Jersey State Bar Association
- Bankruptcy Law Committee
- Bankruptcy Pro Bono Committee

· Essex County Bar Association

· Bankruptcy Inn of Court (Master)

· Turnaround Management Association

· New Jersey Bankruptcy Lawyers Foundation (President)

· American Bankruptcy Institute

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: John K. Sherwood

Steven E. Siesser (Member) born 1968; admitted to bar, 1994, New Jersey; 2006, New York. Education: George Washington University (B.A., 1990); George Washington University (M.A., 1991); Brooklyn Law School (J.D., 1994).

Steven E. Siesser is Co-Head of the Firm's New York City Office and is Chairman of the Firm's Specialty Finance Group, through which he represents investment funds, including private equity, mezzanine and hedge funds, in handling their transactional work, and investment banks, where they act either as agent or investor. Mr. Siesser is ranked among industry leaders and frequently serves as a media spokesperson for ongoing market trends and SEC regulatory updates. His commentary has appeared in publications such as The Wall Street Journal, BusinessWeek, Investment Dealers' Digest, Dow Jones, Bloomberg, Fortune.com, Absolute Return, and International Financing Review, among other news outlets. Mr. Siesser has also served as a legal commentator on CNBC's "On the Money", Bloomberg News and Fox News. Mr. Siesser is listed in Chambers USA: America's Leading Lawyers for Business, which in 2011 cited sources who praised, "'We respect his creative thinking and domain expertise - he knows the structured equity platform better than anybody," and in 2010 noted: "He doesn't take his eyes off the big picture - he knows which issues to focus on, and where to compromise" ..."He has an unbelievable head for business, and is creative, bright and practical." In 2008, LawDragon 500 Leading Lawyers in America ranked Mr. Siesser among the nation's top 500 corporate attorneys.

The institutional investor segment of Mr. Siesser's practice has enabled him to develop extensive fund-specific experience in private debt and equity financing transactions, senior secured and mezzanine debt financing, control acquisitions, leveraged buyouts, management buyouts, and most notably in Private Investments in Public Equities (PIPEs), Registered Direct Placements (RDs), and reverse mergers. Lowenstein Sandler's Specialty Finance Group continually ranks in the top three nationwide for its representation of investment funds and investment banks in PIPEs and RDs. He also represents issuers in these transactions, and regularly interacts with and is consulted by the Staff of the U.S. Securities and Exchange Commission and the NASDAQ Stock Market and the American Stock Exchange, on capital market aspects of PIPEs, RDs, and reverse merger transactions.

Mr. Siesser also has recently been involved in some of the firm's largest private equity sponsored LBO transactions, representing the lead equity sponsor or their portfolio companies. Most of these transactions have been in the communications, business services, media and publishing industries.

Mr. Siesser also serves as outside general counsel to public and large private, often family-owned, companies, with an emphasis on representing companies in the manufacturing, distribution and services industries, and a particular focus on companies in the consumer products, food and healthcare industries. He currently serves as outside general counsel to the third largest wholesale grocery supplier in the New York metropolitan area and one of the largest regional consumer products sales and marketing companies in the U.S.

While his work as general counsel requires Mr. Siesser to be conversant across a broad spectrum of legal practice areas, his specific experience is in corporate transactional work and securities law, including mergers and acquisitions, joint ventures, corporate finance, and general commercial relationships. Mr. Siesser has represented both public and private buyers and sellers in merger and acquisition transactions valued in excess of $15 billion. In his representation of public companies, Mr. Siesser advises senior management and boards of directors on fiduciary matters and securities law compliance. He also has assisted many of these companies with public and private debt and equity transactions valued at over $10 billion.

He has served as an Adjunct Professor of Mergers and Acquisitions at Seton Hall University School of Law.

Recent Speaking Engagements:

· Capital Roundtable Master Class, Panelist, "Private Equity Investing in Marketing & Digital Services Companies: Finding the Golden Nuggets in Today's Data-Driven World," New York, NY, June 23, 2011

· DealFlow Media PIPEs Conference 2010, Panelist "PIPEs Legal Update: Current Developments and Trends," Las Vegas, NV, Nov 9-10, 2010

· Dealflow Media's Reverse Merger Conference 2010, Panelist "Cross-Border Financing Opportunities: Tapping Canadian Investors for Capital," Toronto, Canada, June 29, 2010

· West LegalEdCenter Webinar, Topic: "What Private Equity Investors Need to Know About Section 363 Sales," February 11, 2010

· West Legalworks' National Webcast, Topic: "What's the Deal: The M&A Forecast Heading into 2010," September 24, 2009

· "Workshop: Raising Capital in the Current Market, Shelf Registrations - Why Every Issuers Should Have One", Roth Capital Partner's 21st Annual Stock Growth OC Conference, Dana Point, CA, February 16-18, 2009

· DealFlow Media PIPEs Conference 2008, Panelist "Getting Deals Done in a Turbulent Market: Making a Rational Assessment of Risk & Reward," New York, NY, Nov 12-13, 2008

· West Legalworks' National Webcast, Topic: "The Changing M&A Deal Environment," November 6, 2008

· 2008 Merriman Curhan Ford & Co. 5th Annual Investor Summit, Topic: Current Issues In PIPEs and Registered Directs, San Francisco, CA, September 15-16, 2008

· Committee on Securities Regulation, Topic: Emerging Regulatory Trends Facing Institutional Investors in Alternative Capital Market Investments, New York State Bar Association, June 11, 2008

· Derivatives & Structured Products Law Committee, Topic: Primer on PIPEs and Alternative Investments, Business Law Section of the New York State Bar Association, June 4, 2008

· 2008 China Venture Capital & Private Equity Forum, Topic: Financing Alternatives - PIPEs, Shenzhen, China, April 11, 2008

· International PIPEs Conference, Topic: Update on the PIPE Market: New Rules & Recent Pricing Trends, Hong Kong, China, April 8-10th, 2008

· Roth Capital Partner's 20th Annual OC Conference, Topic: Recent Developments in PIPEs and Registered Directs, Dana Point, CA, February 18-21, 2008

Publications

· Regulation Alert - SEC Issues Bulletin on Risks of Investing in Reverse Merger Companies - June 9, 2011
Specialty Finance Client Alert, June 2011
Steven Siesser, John Hogoboom, Steven Skolnick

· Opportunity For Public Companies Qualifying For SEC's "Smaller Reporting Company" Status: Save on SOX 404(b) Costs and Defer "Say-on-Pay/Frequency" Votes
Specialty Finance Alert, February 2011
Steven Siesser, Laura Kuntz

· SEC v. Cuban, Round 2
The PIPEs Report, November 2, 2010
Steven Siesser, Matthew Oliver, Bernard Cooney

· SEC v. Mark Cuban - Could This Case Represent a Sea Change?
Specialty Finance Alert, May 28, 2009
Steven Siesser, Matthew Oliver, Bernard Cooney

· Rights Offerings: The New PIPEs?
The PIPEs Report, April 7, 2009
Steven Siesser, Steven Skolnick, Michael Reinhardt

· Zero Tolerance for 'Abusive' Naked Shorting
The PIPEs Report, October 7, 2008
Steven Siesser, Steven Skolnick, Brooke Gillar

· SEC Extends Emergency Orders Prohibiting Short Selling Activities, Reporting of Short Positions and Related Matters, Until October 17, 2008
Investment Management/Specialty Finance Alert, October 3, 2008
Steven Siesser, Scott Moss

· New SEC Rules Against Naked Short Selling
Specialty Finance Alert, September 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· Another Federal Court Rules Against the SEC on PIPE Shorting Claims
Specialty Finance Alert, January 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· Amended Rule 144 Update
Specialty Finance Alert, January 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· SEC Adopts Revisions to the Eligibility Requirements of Forms S-3 and F-3
Specialty Finance Alert, December 2007
Steven Siesser, John Hogoboom, Steven Skolnick

· SEC Amends Rules 144 and 145
Specialty Finance Alert, December 2007
Steven Siesser, John Hogoboom, Steven Skolnick

· New SEC Proposals Would Greatly Streamline Capital Formation For Smaller Public Companies
The Metropolitan Corporate Counsel, July 2007
Alan Wovsaniker, Steven Siesser, John Hogoboom

· New SEC Proposals Would Greatly Streamline Capital Formation For Smaller Public Companies
Specialty Finance, Corporate and Securities Group Alert, May 24, 2007
John Hogoboom, Steven Siesser, Steven Skolnick, Anita Chapdelaine

· Sec Staff Clarifies Views on Rule 415
Specialty Finance Alert, January 2007
John Hogoboom, Steven Siesser, Steven Skolnick

· Proposed FASB Staff Position Clarifies The Accounting For Liquidated Damages Penalties In Registration Rights Agreements
The Metropolitan Corporate Counsel, December 2006
Steven Siesser

· PIPE Cleaners
The Deal, October 2, 2006
Steven Siesser, Matthew Oliver

· Proposed FASB Staff Position Clarifies The Accounting For Liquidated Damages Penalties In Registration Rights Agreements
Lowenstein Sandler Specialty Finance Alert, October 2006
Steven Siesser

Press Mentions

· In Pensions & Investments and Investment News, Steven E. Siesser comments on the recent trend of private equity firms forming business development companies (BDCs) as an alternative source of capital raising., Pensions & Investments, Investment News, September 19, 2011

· In the New York Law Journal, Steven E. Siesser discusses the expansion of the firm's New York office, which has added 41,900 square feet to its 1251 Avenue of the Americas location. The office expansion is in response to increased activity, including growth in core practice areas and new attorneys joining the firm., New York Law Journal, July 6, 2011

· In a LegalBisnow profile, Steven E. Siesser discusses the growth of Lowenstein Sandler's New York office., LegalBisnow, March 14, 2011

· Steven E. Siesser comments on Robert Pozen's Harvard Business School article, in which Pozen presented a new corporate director archetype. Siesser argues that making corporate directors more managerial shifts the focus of the board of directors and alters the corporate governance structure., Agenda, February 14, 2011

· Steven E. Siesser comments on the increase in registered direct offerings over private placements (PIPEs) in public company capital raising., The Hedge Fund Law Report, June 25, 2010

· Steven E. Siesser joined representatives from Lowenstein clients Cambium Learning Group, Inc. (Nasdaq: ABCD), a portfolio company of Veronis Suhler Stevenson, in ringing the NASDAQ closing bell on May 24, 2010. The event is highlighted on NASDAQ.com., NASDAQ.com, May 24, 2010

· Steven E. Siesser comments on the SEC's proposed "circuit breaker" rules under which exchanges would halt trading in individual S&P 500 stocks if the stock's price varies by more than 10% during the preceding five minutes of trading., Les Echos, May 20, 2010

· Steven E. Siesser comments on the recent uptick in activity in the Private Investments in Public Equity (PIPE) market and the outlook for the second quarter., Los Angeles Daily Journal, April 19, 2010

· Steven E. Siesser comments on private equity firms' appetite for investing in troubled banks., Crain's New York Business.com, February 28, 2010

· Lowenstein Sandler is highlighted for serving as primary legal advisor to ID Systems Inc. in its acquisition of Asset Intelligence LLC. The Lowenstein Sandler team consisted of Steven E. Siesser, Marissa L. Morelle, Kylie Cooper, Mark P. Kesslen, Lisa K. Schroeder, Andrew E. Graw and Richard J. Horne., Metropolitan Corporate Counsel, February 1, 2010

· Steven E. Siesser comments on the Securities and Exchange Commission's appeal of its recent loss in the insider-trading lawsuit it brought against billionaire Dallas Mavericks owner, Mark Cuban, and the implications for the PIPEs marketplace., The Pipes Report, October 20, 2009

· Steven E. Siesser comments on steps to prepare a private company for sale, focusing on the need for sophisticated financial statements., QSRMagzaine.com, September 3, 2009

· Steven E. Siesser comments on the question of whether private equity funds will seek exits from the IPO market or the M&A marketplace, in light of current economic conditions., The Wall Street Journal, August 31, 2009

· Steven E. Siesser discusses how the outcome of the SEC's insider trading case against Mark Cuban could dictate how capital market participants handle potentially confidential information., The PIPEs Report, June 2, 2009

· Steven E. Siesser comments on the legal defenses asserted by Mark Cuban in the insider trading suit brought against him by the SEC and discusses the implications thereof for the investment banking community., Bloomberg, May 26, 2009

· Steven E. Siesser comments on the increasing popularity of rights offerings as a viable financing alternative for public companies., IDDMagazine.com, April 7, 2009

· Steven E. Siesser comments on the use of material adverse change (MAC) clauses in M&A deals during the recent global credit crisis., Compliance Week, April 29, 2008

· Steven E. Siesser comments on three recent federal court decisions rejecting SEC's charges against hedge-funds for using shares they acquired in a PIPE to cover their pre-registration short positions., National Post, February 27, 2008

· Steven E. Siesser comments on three recent federal court decisions rejecting SEC's charges against hedge-funds for using shares they acquired in a PIPE to cover their pre-registration short positions., Bloomberg, February 26, 2008

· Steven E. Siesser discusses Merrill Lynch's recent sale of $6.6 billion in convertible preferred stock to an investor group, noting that the mainstream large-cap company opted for the speed and flexibility a private placement, or PIPE investment, offers., Fortune.com, January 15, 2008

· Steven E. Siesser observes that alternative finance markets, such as PIPEs, may see increased activity from companies that are no longer able to access conventional finance markets due to the spillover from the sub-prime meltdown., Financial Week, Investment News, September 10, 2007

· Steven E. Siesser speaks on the increased opportunities for hedge funds to become more active lenders in private equity deals due to recent spill-over of the sub-prime meltdown into LBO credit markets., Dow Jones, September 10, 2007

· Steven E. Siesser discusses the impact that recent changes in the US credit markets are having on LBO transactions, focusing on the increased challenges lenders are imposing on dealmakers., Bloomberg News, August 29, 2007

· Steven E. Siesser comments on the new trading marketplace being established for Rule 144A securities by Restricted Stock Partners, observing that it creates an alternative to the constrained private-placement market., Investment News, August 27, 2007

· Steven E. Siesser comments that exuberant LBO market may return to normalcy after decline in credit markets., Crain's New York Business, August 26, 2007

· Steven E. Siesser discusses current conditions in the financing markets for LBO transactions and related consequences to deals., BusinessWeek, August 20, 2007

· Steven E. Siesser debates, with Washington Post columnist Steven Pearlstein, the impact of the U.S. Senate's bill to increase the tax on publicly traded private equity funds., CNBC, "On the Money", June 15, 2007

· Steven E. Siesser discusses the Private Investment in Public Equity (PIPE) market as a funding alternative for European small and mid cap growth companies., International Financing Review, May 26, 2007

· Steven E. Siesser discusses the SEC's new application of Rule 415 in PIPE transactions, under which PIPE investors could potentially face underwriter liability., Absolute Return, January 31, 2007

· Steven E. Siesser discusses the need for clarity of the S.E.C.'s new application of Rule 415, and is profiled for his plan to meet with members of the S.E.C. Staff to discuss how the Rule is affecting PIPE deals., Compliance Reporter, December 18, 2006

· Steven E. Siesser discusses the evolving '415 Issue,' an emerging SEC position that requires PIPE investors to be named as underwriters, when the overall number of shares being registered in the PIPE exceeds 30-50% of the company's public float., Corporate Financing Week, October 9, 2006

· Steven E. Siesser and Steven M. Skolnick, spotlighted for their commentary at the 2006 annual Roth Capital Partners' conference, discuss the SEC's interest in PIPEs transactions and the agency's growing scrutiny on investors., Corporate Financing Week, September 11, 2006

· Steven E. Siesser quoted on the re-emergence of PIPEs in the tech sector., Investment Dealers' Digest, April 3, 2006

· Steven E. Siesser, John D. Hogoboom, and Steven M. Skolnick are profiled on their work with the firm's Specialty Finance Group and nationally recognized PIPEs practice., New Jersey Law Journal, August 1, 2005

Affiliations

· New York State Bar Association

· Seton Hall University School of Law, Adjunct Professor, Mergers and Acquisitions

· American Bar Association

· New Jersey State Bar Association

(Also at New York, N.Y. Office). Practice Areas: Corporate; Corporate Finance & Securities; Lending & Financial Services; Mergers & Acquisitions; PIPEs, SPACs & Registered Direct Offerings; Private Equity & Mezzanine Financing.Email: Steven E. Siesser

Brian A. Silikovitz (Member) born 1967; admitted to bar, 1992, California; 1993, Pennsylvania; 19997, Massachusetts; 1999, New York; 2003, New Jersey. Education: University of Pennsylvania (B.A., 1989); University of Southern California Law Center (J.D., 1992) Notes Editor, Southern California Law Review; New York University School of Law (LL.M., Taxation, 1997).

Brian A. Silikovitz is a tax lawyer who advises businesses on how to structure their transactions in tax-efficient manners, as well as on tax issues that arise throughout the life cycle of a business.

Mr. Silikovitz is particularly active in merger and acquisition transactions, venture capital and private equity investments, hedge fund and private equity fund formation and executive compensation. He devotes a significant portion of his practice to working with the firm's Tech Group, advising start-ups on initial choice of business entity and how to structure early-stage investments, taking into account such factors as the likely operational results in early years, incentive compensation issues, and tax issues that likely will arise upon venture capital financings and ultimately on exit transactions. Mr. Silikovitz also works closely with the firm's Investment Management Group, advising on the structure of hedge funds and private equity funds and their management entities, considering the special needs of tax-exempt and foreign investors and the managers of those funds. His experience includes the preparation of the economic and tax provisions of complex partnership and limited liability company operating agreements; analysis of state and local tax issues, including sales and use tax issues arising from e-commerce; and cross-border structuring.

Mr. Silikovitz is a member of the firm's Recruiting Committee and is very active in the summer associate program.

Recent Speaking Engagements

· "The 2010 Tax Landscape: What We Know and What We Expect," WestLegalEd Webcast, John L. Berger, Esq., Michael N. Gooen, Esq., Isaac Hirsch, Esq., Richard J. Horne, Esq., Brian A. Silikovitz, Esq., June 16, 2010

· "New Jersey Organization and Sale of Small Businesses," New Jersey Institute for Continuing Legal Education, Skills and Methods Course, Stephen R. Urbinato, Esq., Barry F. Gartenberg, Esq., and Brian A. Silikovitz, Esq., December 1, 2009

· "Final Regulations on Shareholder and S Corporation Debt," Lorman Education Services, Brian A. Silikovitz, Esq. and Richard J. Horne, Esq., September 23, 2009

· "New Jersey Organization and Sale of Small Businesses," New Jersey Institute for Continuing Legal Education, Skills and Methods Course, Jordan S. Solomon, Esq., Barry F. Gartenberg, Esq., and Brian A. Silikovitz, Esq., September 24, 2008

· "LLCs, LLPs and Partnerships: Organization and Operation," Choosing an Entity and Forming and Separating Partnerships and LLCs, Lorman Education Services, East Hanover Ramada Inn & Conference Center, Brian A. Silikovitz, Esq. and Richard J. Horne, Esq., July 22, 2008

· "LLCs, LLPs and Partnerships: Organization and Operation," Choosing an Entity and Forming and Separating Partnerships and LLCs, Lorman Education Services, Edison Clarion Hotel and Towers, Brian A. Silikovitz, Esq. and Richard J. Horne, Esq., June 26, 2008

· "Tax Aspects of Buying and Selling a Business," Middlesex/Somerset New Jersey Society of CPAs Chapter Meeting, Brian A. Silikovitz, Esq., August 8, 2007

· "Partnerships, LLCs and LLPs: Organization and Operation," Choosing an Entity and Forming and Separating Partnerships and LLCs, Lorman Education Services, Best Western Fairfield Executive Inn, Marie T. DeFalco, Esq. and Brian A. Silikovitz, Esq., July 19, 2007

· "Equity Compensation and Employee Benefit Issues for LLCs," New Jersey Society of Certified Public Accounts, Essex County Chapter, Andrew E. Graw, Esq., and Brian A. Silikovitz, Esq., December 8, 2006

· "Choosing an Entity" and "Forming and Separating Closely Held Corporations and Partnerships," Lorman Education Seminar on Partnerships and S Corporations in New Jersey, Marie T. DeFalco, Esq., and Brian A. Silikovitz, Esq., July 20, 2006

· "Drafting Those Darn Tax Clauses," New Jersey Institute for Continuing Legal Education, New Jersey Business Law Symposium, Michael N. Gooen, Esq. and Brian A. Silikovitz, Esq., March 3, 2006

· "New Jersey Organization and Sale of Small Businesses," New Jersey Institute for Continuing Legal Education, Skills and Methods Course, Robert D. Frawley, Esq., Alan Wovsaniker, Esq., Marie T. DeFalco, Esq., and Brian A. Silikovitz, Esq., March 29, 2005

· "What Every Non-Tax Lawyer Should Know About LLCs," New Jersey Institute for Continuing Legal Education, New Jersey Business Law Symposium, Peter H. Ehrenberg, Esq., Marie T. DeFalco, Esq., and Brian A. Silikovitz, Esq., October 22, 2004

· "The Relevance of Tax Law to Corporate Lawyers," Seton Hall University School of Law, Corporate Law Association, March 10, 2004

· "Intermediate Sanctions and Private Foundation Excise Taxes," Lorman Education Services Seminar on Tax-Exempt Organizations in New Jersey, April 30, 2003

Publications

· Highlights of the Recently Proposed FATCA Regulations
Business Tax Counseling & Structuring, April 2012
Richard Horne, Brian Silikovitz, Christina Iafe

· Treasury Takes Aim At Equity-Linked Instruments: Proposed Treasury Regulations Expand the Scope of Dividend Equivalent Payments Subject to U.S. Withholding Tax
Business Tax Counseling & Structuring Client Alert, March 22, 2012
Richard Horne, Brian Silikovitz

· The Third Time's The Charm - IRS Announces Third Opportunity For Voluntary Disclosure Of Offshore Accounts
Client Alert, January 10, 2012
Robert Kipnees, Michael Himmel, Michael Gooen, Richard Horne, Brian Silikovitz, Matthew Oliver

· Avoid Stiff Penalties ? Be Sure to Report Foreign Assets: IRS Issues Guidance on Foreign Asset Reporting
Business Tax Counseling & Structuring Client Alert, December 2011
Brian Silikovitz, Richard Horne

· IRS Issues New Timeline For Implementation of FATCA
Business Tax Counseling & Structuring Alert, August 2011
Brian Silikovitz, Richard Horne, Isaac Hirsch

· Business Tax Counseling & Structuring Alert - IRS Extends Filing Deadlines for Some FBARs
Business Tax Counseling & Structuring Alert, June 2011
Richard Horne, Michael Gooen, Brian Silikovitz, Kenneth Slutsky, Robert Kipnees

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Metropolitan Corporate Counsel, February 2011
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Business Tax Counseling & Structuring Alert, December 2010
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· National News and Developments
Real Estate Newsletter, July 2010
Edward Hunter, Brian Silikovitz, John Stolz, Norman Spindel, Richard Horne, David Tlusty

· IRS Establishes Procedures for Applying for the Therapeutic Discovery Tax Credit
Business Tax Counseling & Structuring Alert, June 2010
Richard Horne, Brian Silikovitz

· First Circuit Denies Work Product Protection For Tax Accrual Workpapers
Metropolitan Corporate Counsel, October 2009
Brian Silikovitz, Richard Horne, Isaac Hirsch

· IRS Extends FBAR Filing Deadline for Certain Taxpayers to June 30, 2010
Investment Management and Business Tax Counseling & Structuring Client Alert, August 10, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· New Jersey Enacts Substantial Tax Hikes
Business Tax Counseling & Structuring Alert, July 8, 2009
John Berger, Michael Gooen, Isaac Hirsch, Brian Silikovitz, Kenneth Slutsky

· IRS Extends Deadline for Filing Foreign Bank Account Reports For Certain Taxpayers to September 23, 2009
Investment Management Alert, June 25, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· Foreign Bank Account Reporting (FBAR) Requirements in Connection with Investments in Offshore Hedge Funds
Investment Management and Business Tax and Counseling Alert, June 18, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Brian Silikovitz, Isaac Hirsch

· Tax Increases in the President's Budget Plan
Business Tax Counseling & Structuring Update, March 2009
Richard Horne, John Berger, Michael Gooen, Brian Silikovitz, Kenneth Slutsky

· The American Recovery and Reinvestment Act of 2009: Key Business and Individual Tax Provisions
Business Tax Counseling & Structuring Alert, February 16, 2009
John Berger, Michael Gooen, Brian Silikovitz, Isaac Hirsch

· New Law Curtails Common Deferral Practices of Offshore Funds
Business Tax Counseling & Structuring Alert, October 2008
Michael Gooen, Andrew Graw, Brian Silikovitz, Richard Horne

· IRS Rules on Deductibility of Management Fees Incurred by Fund of Funds
Investment Management Alert, July 2008
Kenneth Slutsky, Marie DeFalco, Brian Silikovitz, Richard Horne

· Golden Parachute Tax Rules In A Venture Capital Context: Early Stage Structures Can Create Tax Hits Upon Exit
Mealey's Litigation Report, July 2006
Ed Zimmerman, Brian Silikovitz, Jason Mendelson, Esq. (Foundry Group)

· You May Still Rely On This Advice - What The New Circular 230 Tax Disclaimer Means For You
The Metropolitan Corporate Counsel, July 2005
Brian Silikovitz

· Tax and Other Considerations for Determining Choice of Entity
in John R. MacKay II's New Jersey Corporations and Other Business Entities, 2005
Marie DeFalco, Brian Silikovitz

· Learning to Live in the Brave New World of Limited Liability Companies: Avoiding the Ten Greatest Pitfalls in Structuring a Limited Liability Company
New Jersey Institute for Continuing Legal Education's New Jersey Business Law Symposium, October 22, 2004
Peter Ehrenberg, Marie DeFalco, Brian Silikovitz

· LLCs as the New Corporate Order
New Jersey Lawyer, October 10, 2004
Peter Ehrenberg, Marie DeFalco, Brian Silikovitz

· States Seek To Overhaul Nation's Sales-Tax System
New Jersey Law Journal, August 30, 2004
Brian Silikovitz

· New Jersey Enacts Income Tax Increase and Domestic Partnership Act
Tax and Estate Planning Alert, August 2004
Brian Silikovitz, Eric Weinstock

· Tax Credit for Innovation
New Jersey Law Journal, June 7, 2004
Brian Silikovitz, Michael B. Johannesen, Esq.

Affiliations

· New Jersey State Bar Association
- Member of the Executive Committee of the Tax Section (2005 - Present)

· University of Pennsylvania Alumni Secondary School Committee

Practice Areas: Business Tax Counseling & Structuring; Corporate; Corporate Finance & Securities; Employee Benefits & Executive Compensation; Investment Management; Life Sciences; Mergers & Acquisitions; Mortgage Banking & Finance; The Tech Group; Venture Capital, Angel Investing, and M&A.Email: Brian A. Silikovitz

Ethan A. Skerry (Member) admitted to bar, 1999, New York; 2008, New Jersey. Education: Middlebury College (B.A., English Literature, cum laude 1995); Columbia University School of Law (J.D., 1998) Harlan Fiske Stone Scholar.

Ethan A. Skerry is a Member of the Corporate Group where he focuses his practice on public and private merger and acquisition transactions, as well as other corporate transactions and securities law matters. In addition, Mr. Skerry counsels clients on corporate governance matters and serves as outside general counsel to private companies. Mr. Skerry also works with emerging, growth and later stage media, technology and life sciences businesses on a wide range of corporate matters, including venture capital fundraising transactions.

Mr. Skerry's recent acquisition transactions include the following representations:

Media / Technology

· Buddy Media in its acquisitions of Spinback and Brighter Option Ltd.

· Figment LLC in its acquisition of Inkpop from HarperCollins

· SNL Financial in its leveraged recapitalization by New Mountain Capital

· Boomi, Inc. in its sale to Dell

· Sterling Infosystems, Inc. in its acquisitions of Abso, Screening International, Tandem and Acxiom Information Security Services, Inc.

· Veronis Suhler Stevenson in connection with its acquisition of MG LLC d/b/a TRANZACT

· Time Inc. in its sale of The Parenting Group, Inc. and Time4 Media, Inc. to the Bonnier Group

Life Sciences

· Cerberus Capital Management in connection with its investment in Covis Pharma

· Princeton Pharma Holdings and its wholly owned subsidiary Aton Pharma in their $318 million sale to Valeant Pharmaceuticals

· Celldex Therapeutics, Inc. in its $93.5 million acquisition of CuraGen Corporation

· Celldex Therapeutics, Inc. in its $129 million stock-for-stock merger with Avant Immunotherapeutics, Inc.

· The Estee Lauder Companies, Inc. in its acquisition of Applied Genetics Incorporated Dermatics

· Vital Signs, Inc. in its $870 million cash merger with GE Healthcare

· LifeCell Corporation in its $1.7 billion two step tender offer/merger with Kinetic Concepts, Inc.

· GF Capital Private Equity Fund, L.P. in its acquisition of the assets of Airborne Health, Inc.

· S.A.C. Capital in connection with its investment in CBay, Inc.

Other

· Cytec Industries in the $105 million sale of its pressure-sensitive adhesives business to Henkel AG & Co. KGaA

· Indorama Ventures in its $420 million acquisition of the U.S. and Mexican polyester and PET resins business of Invista S.a.r.l.

· Indorama Ventures in its acquisition of Fibervisions Holdings LLC from Snow Phipps Group

· Independent Fiduciary Services in its acquisition by Arthur J. Gallagher

· Sims Metal Management in multiple roll-up acquisitions

· Nucomm, Inc. in its cash and stock sale to The Vitec Group PLC

Prior to joining Lowenstein Sandler, Mr. Skerry served from 2005 to 2007 as an Associate Counsel at Time Inc., in New York, handling merger and acquisition transactions, as well as general commercial transactions. From 1998 to 2005, Mr. Skerry served as an associate at Cleary, Gottlieb, Steen & Hamilton LLP in New York and London. While at Cleary, Mr. Skerry focused on public and private merger and acquisition transactions, as well as other corporate and securities law matters.

Mr. Skerry serves as an adjunct professor at Seton Hall Law School, where he teaches a course on corporate transactions.

Practice Areas: Corporate; Corporate Finance & Securities; Investment Management; Life Sciences; Mergers & Acquisitions; Private Equity & Mezzanine Financing; Venture Capital, Angel Investing, and M&A.Email: Ethan A. Skerry

Steven M. Skolnick (Member) born 1966; admitted to bar, 1993, New Jersey; 1994, New York. Education: Amherst College (B.A., 1988); St. John's University School of Law (J.D., cum laude, 1993).

Steven M. Skolnick, Esq. is a Member of Lowenstein Sandler PC in Roseland, New Jersey, where he is a member of the firm's Specialty Finance Group and M&A and Corporate Finance Practice Group. Mr. Skolnick has extensive experience representing clients in the life sciences and other industries in securities regulation, corporate finance, mergers and acquisitions, business planning and general corporate matters. Mr. Skolnick has been very active in representing underwriters and issuers in public securities offerings, including both initial and secondary offerings and PIPEs, SPACs and convertible equity and debt offerings representing placement agents, institutional investors and issuers. Mr. Skolnick also regularly advises companies and their boards on SEC compliance and disclosure issues and corporate governance matters. In addition, Mr. Skolnick counsels investment banks on federal securities law, Financial Industry Regulatory Authority (FINRA) and Nasdaq and AMEX issues and provides other transaction and disclosure advice.

Recent Speaking Engagements:

· Panel moderator, "Evaluating if an 'Alternative' Public Offering is Right for Your Company," The International PIPEs Conference & Roadshow, Shanghai, China, March 23, 2009

· "Workshop: Raising Capital in the Current Market, Shelf Registrations - Why Every Issuers Should Have One", Roth Capital Partner's 21st Annual Stock Growth OC Conference, Dana Point, CA, February 16-18, 2009

· Maxim Group Growth Conference 2008, Topic: Recent Trends in the SPAC Market, New York, NY, October 7, 2008

· Merriman Curhan Ford & Co. 5th Annual Investor Summit, Topic: Current Issues In PIPEs and Registered Directs, San Francisco, CA, September 15-16, 2008

· DealFlow SPAC Conference 2008, Panel Moderator, Topic: Structuring Alternatives at the Front End, New York, NY, June 4-5, 2008

· SPACs Legal Panel Speaker, Vintage Filings SPACs Conference, Boston, MA, March 18, 2008

· Roth Capital Partner's 20th Annual OC Conference, Topic: New SPAC Developments, Dana Point, CA, February 18-21, 2008

· Alternative Public Offerings Panel Speaker, FRA Conference, New York, NY, January 29-30, 2008

· SPACs: Modifying the Shareholder Redemption and Proxy Vote Process, DealFlow Media, New York, NY, January 18, 2008

· Roth Capital Partners 2007 New York Conference, Westin Times Square, New York, NY, September 5-6, 2007

· Speaker, Sox Compliance - What's Working, What's Not! (Financial Decision Makers Roundtable), Paramus NJ, February 6, 2007

· Speaker, Roth Capital Partner's 18th Annual OC Conference, Topic: Recent Regulatory Concerns in the PIPEs Market, New York, NY, September 2006

· Speaker, The PIPEs Conference Europe 2006, London, June 2006

· Speaker, Roth Capital Partner's 18th Annual OC Conference, Topic: Getting PIPEs Done in 2006, Dana Point, CA, February 2006

· Corporate Governance Compliance Forum, June 15, 2005

Publications

· Regulation Alert - SEC Issues Bulletin on Risks of Investing in Reverse Merger Companies - June 9, 2011
Specialty Finance Client Alert, June 2011
Steven Siesser, John Hogoboom, Steven Skolnick

· FINRA: Implementing a Same-Day Clearance Option for Shelf Filings
Specialty Finance Alert, February 22, 2010
Steven Skolnick, John Hogoboom

· Rights Offerings: The New PIPEs?
The PIPEs Report, April 7, 2009
Steven Siesser, Steven Skolnick, Michael Reinhardt

· Zero Tolerance for 'Abusive' Naked Shorting
The PIPEs Report, October 7, 2008
Steven Siesser, Steven Skolnick, Brooke Gillar

· New SEC Rules Against Naked Short Selling
Specialty Finance Alert, September 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· Another Federal Court Rules Against the SEC on PIPE Shorting Claims
Specialty Finance Alert, January 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· Amended Rule 144 Update
Specialty Finance Alert, January 2008
Steven Siesser, John Hogoboom, Steven Skolnick

· SEC Adopts Revisions to the Eligibility Requirements of Forms S-3 and F-3
Specialty Finance Alert, December 2007
Steven Siesser, John Hogoboom, Steven Skolnick

· SEC Amends Rules 144 and 145
Specialty Finance Alert, December 2007
Steven Siesser, John Hogoboom, Steven Skolnick

· New SEC Proposals Would Greatly Streamline Capital Formation For Smaller Public Companies
Specialty Finance, Corporate and Securities Group Alert, May 24, 2007
John Hogoboom, Steven Siesser, Steven Skolnick, Anita Chapdelaine

· Sec Staff Clarifies Views on Rule 415
Specialty Finance Alert, January 2007
John Hogoboom, Steven Siesser, Steven Skolnick

· Alternative Public Offerings Roundtable
Financier Worldwide, November 2006
Steven Skolnick

· Corporate Governance Does Not End With Sarbanes-Oxley
Metropolitan Corporate Counsel, June 2005
Jeffrey Shapiro, Steven Skolnick

· SEC Adds Eight New Disclosure Items to Form 8-K, Expands Existing Disclosure Items and Shortens the Form 8-K Filing Deadline to Four Business Days
Corporate Finance Alert, March 2004
Peter Ehrenberg, Steven Skolnick

· Congress Makes Acquiring a Business More Difficult - The Impact of the Sarbanes-Oxley Act on Business Acquisitions
George Taber's Guide to Financing & Growing Your Business (NJBiz), Fall 2003
Peter Ehrenberg, Steven Skolnick, David Lazar

· Updated Sarbanes-Oxley Act Chart; Updated NASDAQ Requirements
Corporate Finance Alert, September 23, 2003
Peter Ehrenberg, Alan Wovsaniker, Steven Skolnick, Shari A. Ness, Esq.

· Financially Speaking With...Edward M. Zimmerman and Steven M. Skolnick
Corporate Financing Week, April 7, 2003
Steven Skolnick

· Update on the Sarbanes-Oxley Act: SEC Adopts Final Rules Relating to Corporate Codes of Ethics, Audit Committee Financial Experts and New Form 8-K Disclosure
Corporate Finance Alert, January 29, 2003
Alan Wovsaniker, Steven Skolnick, Mathew Hoffman, Lisa C. Fodor, Esq.

· Proposed Audit Committee Standards For Listed Companies
Corporate Finance Alert, January 14, 2003
John Hogoboom, Steven Skolnick, Scott Moss

· The SEC Proposes New Rules to Implement Sarbanes-Oxley Act Provisions Regarding Financial Expert Audit Committee Member, Codes of Ethics and Internal Controls Reports
Corporate Finance Alert, October 29, 2002
Peter Ehrenberg, Steven Skolnick

· Venture Capital Insights: 4 "Must-Dos" Before Shopping For Funding
NJBiz (Business News New Jersey), September 16, 2002
Steven Skolnick, Joe Allegra (Edison Venture Fund)

· Key Issues to Consider When Financing Your Business
Business News New Jersey, October 2, 2001
Steven Skolnick

· Key Issues to Consider When Financing Your Business
NJBiz (Business News New Jersey), October 2, 2001
Steven Skolnick

· Venture Capital in Focus: Down-Round Financing
New Jersey TechNews, September 2001
Jeffrey Shapiro, Steven Skolnick

· Rules Requiring Proxy Statement Disclosure Regarding Audit Committees Commence December 15, 2000
Corporate Finance Alert, December 2000
Peter Ehrenberg, Steven Skolnick, Michael W. Valente, Esq.

· SEC Adopts Regulation FD to Combat Selective Disclosure of Material Non-Public Information to Market Professionals
Corporate Finance Alert, September 2000
John Hogoboom, Steven Skolnick, Michael W. Valente, Esq.

· SEC Adopts Long Awaited Final Rules Regarding Accounting Matters
Corporate Finance Alert, February 2000
Peter Ehrenberg, John Hogoboom, Steven Skolnick

Press Mentions

· Steven Skolnick comments on Israel's emergence as a popular market for PIPEs investors., The PIPEs Report, October 4, 2011

· In Business Law Currents, Steven Skolnick is highlighted for representing the underwriters in Brainsway Inc's NASDAQ listing., Business Law Currents, June 1, 2011

· In a New Jersey Law Journal article, Steven Skolnick comments on how the tight credit market has contributed to the stagnant mergers and acquisitions climate in recent years., New Jersey Law Journal, January 19, 2011

· Steven Skolnick comments on Lowenstein Sandler's work on the LifeCell-Kinetic Concepts acquisition and the M&A markets, noting "the inability to get financing has slowed down the markets," but "middle-market deals are more likely to get done.", New Jersey Law Journal, January 19, 2009

· Steven M. Skolnick sites the sale of private equity firm Madison Dearborn Partners' Boise Cascade unit to Aldabra Acquisition Corp. as an example of special purpose acquisition companies serving as a favorable option to private equity., Chicago Tribune, September 8, 2007

· Steven E. Siesser and Steven M. Skolnick, spotlighted for their commentary at the 2006 annual Roth Capital Partners' conference, discuss the SEC's interest in PIPEs transactions and the agency's growing scrutiny on investors., Corporate Financing Week, September 11, 2006

· Steven M. Skolnick discusses the SEC's oversight role surrounding expanding methods such as SPACs and the regulatory climate that has shifted as a result., Finance & Accounting View, February 2006

· Steven E. Siesser, John D. Hogoboom, and Steven M. Skolnick are profiled on their work with the firm's Specialty Finance Group and nationally recognized PIPEs practice., New Jersey Law Journal, August 1, 2005

Affiliations

· New Jersey State Bar Association

· American Bar Association

(Also at New York, New York Office). Practice Areas: Corporate; Corporate Finance & Securities; Life Sciences; Mergers & Acquisitions; PIPEs, SPACs & Registered Direct Offerings; Private Equity & Mezzanine Financing.Email: Steven M. Skolnick

Kenneth J. Slutsky (Member) born 1953; admitted to bar, 1978, New Jersey; 1980, U.S. Tax Court. Education: Columbia University (B.A., summa cum laude, 1975); Harvard Law School (J.D., magna cum laude, 1978).

Kenneth J. Slutsky has extensive experience in federal income taxation and estate planning. A member of the firm's Business Tax Counseling & Structuring, Trusts and Estates, and Investment Management groups, Mr. Slutsky is listed among The Best Lawyers in America and Super Lawyers in the Tax sections of the publications.

Mr. Slutsky counsels private investment firms, as well as closely held and public businesses, in connection with all facets of income tax planning, with a particular emphasis on partnership tax issues, the taxation of various securities transactions, and charitable tax planning. He also has considerable experience in the area of business restructurings, acquisitions and dispositions, and represents both individuals and businesses in civil tax controversies.

His estate planning practice emphasizes integrated estate, gift and generation-skipping transfer tax planning for high net worth individuals and families, as well as owners of closely held businesses.

Publications

· Business Tax Counseling & Structuring Alert - IRS Extends Filing Deadlines for Some FBARs
Business Tax Counseling & Structuring Alert, June 2011
Richard Horne, Michael Gooen, Brian Silikovitz, Kenneth Slutsky, Robert Kipnees

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Metropolitan Corporate Counsel, February 2011
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· The Tax Relief Act of 2010: Key Business and Individual Income Tax Provisions and Incentives
Business Tax Counseling & Structuring Alert, December 2010
Kenneth Slutsky, John Berger, Michael Gooen, Brian Silikovitz, Richard Horne, Isaac Hirsch

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

· IRS Extends FBAR Filing Deadline for Certain Taxpayers to June 30, 2010
Investment Management and Business Tax Counseling & Structuring Alert, August 10, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· New Jersey Enacts Substantial Tax Hikes
Business Tax Counseling & Structuring Alert, July 8, 2009
John Berger, Michael Gooen, Isaac Hirsch, Brian Silikovitz, Kenneth Slutsky

· IRS Extends Deadline for Filing Foreign Bank Account Reports For Certain Taxpayers to September 23, 2009
Investment Management Alert, June 25, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Elaine Hughes, Brian Silikovitz, Isaac Hirsch

· Foreign Bank Account Reporting (FBAR) Requirements in Connection with Investments in Offshore Hedge Funds
Investment Management and Business Tax and Counseling Alert, June 18, 2009
Richard Horne, Kenneth Slutsky, Michael Gooen, Marie DeFalco, Peter Greene, Brian Silikovitz, Isaac Hirsch

· Tax Increases in the President's Budget Plan
Business Tax Counseling & Structuring Update, March 2009
Richard Horne, John Berger, Michael Gooen, Brian Silikovitz, Kenneth Slutsky

· IRS Rules on Deductibility of Management Fees Incurred by Fund of Funds
Investment Management Alert, July 2008
Kenneth Slutsky, Marie DeFalco, Brian Silikovitz, Richard Horne

· The AMT Patch - Provisions Affecting Fund Managers
Investment Management Alert, November 2007
Kenneth Slutsky, Marie DeFalco, Richard Horne

Practice Areas: Business Tax Counseling & Structuring; Corporate; Investment Management; Trusts & Estates.Email: Kenneth J. Slutsky

Ashley Steinhart (Member) born 1943; admitted to bar, 1967, New Jersey; 1989, New York; 1971, U.S. Tax Court. Education: Michigan State University (A.B., cum laude, 1964); Columbia University School of Law (J.D., 1967); New York University (LL.M., 1970).

Ashley Steinhart has more than 30 years of experience in fiduciary counseling and litigation, income and estate tax planning and administration, and closely held business succession planning.

Mr. Steinhart is a frequent speaker and author on a wide array of tax and fiduciary subjects, and has been recognized by his peers in The Best Lawyers in America in each of the past 19 years in both the "Tax" and "Trusts and Estates" disciplines. In addition, Mr. Steinhart was recognized as one of New Jersey's Top 100 Attorneys and was featured in the 2005-2012 issues of Super Lawyers in the Estate Planning/Trusts section of the publication.

He advises some of the most affluent families in the country; serves as a fiduciary on a wide range of estates and trusts and has provided counseling to fiduciaries in many of the most significant matters dealt with in New Jersey.

Publications

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

Affiliations

· The American College of Trust & Estate Counsel

· Fellow and Speaker

· Essex County Bar Association

· New Jersey State Bar Association

· New York State Bar Association

· American Bar Association

Practice Areas: Business Tax Counseling & Structuring; Corporate; Fiduciary Counseling & Litigation; Trusts & Estates.Email: Ashley Steinhart

James Stewart (Member) born 1954; admitted to bar, 1981, New Jersey; 1982, New York. Education: Seton Hall University (B.A., summa cum laude, 1976); New York University School of Law (J.D., cum laude, 1981) Editor, New York University Law Review.

James Stewart has extensive experience in environmental issues and complex litigation, with an emphasis on environmental litigation and class-action toxic torts.

Mr. Stewart has experience with renewable energy issues, particularly solar energy projects. He has counseled both project developers and solar power purchasers concerning contracting and financing issues and "environmental attributes," such as SRECs. Mr. Stewart is also highly experienced in environmental compliance issues and the impact of environmental liabilities on mergers and acquisitions. He handles such complex issues as the sale of RCRA-permitted facilities, the sale of grossly contaminated property and the environmental aspects of transactions involving facilities in numerous states. Mr. Stewart is listed in the 2011 edition of Chambers USA: America's Leading Lawyers for Business and is listed Mr. Stewart is listed among The Best Lawyers in America in the environmental law section. He is also featured in the 2005-2009 issues of Super Lawyers in the Environmental section of the publication.

Mr. Stewart lectures and writes frequently on environmental law issues. He is Co-Editor of the New Jersey Environmental Law Handbook (Government Institutes).

Presentations

· Frequent lecturer on environmental and toxic tort litigation issues, including presentations for the ALI-ABA in Washington, DC and for the New Jersey State Bar Association, Local Governments Section and Environmental Law Section

Speaking Engagements

· Panelist, "Climate Change Regulation: What to Expect," Chemistry Council Spring Meeting, April 2009

Publications

· Don't Let the Media Coverage Fool You - Solar Energy is Still Viable in New Jersey
Environmental Law & Litigation Client Alert, December 2011
James Stewart

· Final Energy Master Plan Recommends Steps to Stabilize New Jersey's Solar Energy Market
Environmental Law & Litigation Client Alert, December 2011
James Stewart, Adam Lavinthal

· Gifford v. USGBC: LEED Certification Challenged
MEALEY'S LITIGATION REPORT: Construction Defects, January 2011
James Stewart

· Real Estate Developments: What's Happening in New York
The Real Estate Finance Journal, Winter 2011
James Stewart, Edward Hunter

· New York News and Developments
Real Estate Newsletter, July 2010
Edward Hunter, James Stewart, John Stolz

· New Jersey News and Developments
Real Estate Newsletter, July 2010
Paul Kizel, James Stewart, John Stolz, David Tlusty

· New York Court Of Appeals Decision May Put New York Brownfield Cleanup Program Back On The Right Track
Metropolitan Corporate Counsel, April 2010
James Stewart

· New York Court of Appeals Decision May Put New York Brownfield Cleanup Program Back on the Right Track
Environmental Law & Litigation Client Alert, February 22, 2010
James Stewart

· Renewable Energy Developments in New Jersey
Environmental Law & Litigation Client Alert, January 27, 2010
James Stewart, Roger Schwarz

· Renewable Energy Will Require Some Creative Legal Solutions
New Jersey Law Journal, July 20, 2009
James Stewart

· U.S. Supreme Court Issues Important Decision Regarding Superfund Apportionment And Arranger Liability Issues
Metropolitan Corporate Counsel, July 2009
James Stewart

· U.S. Supreme Court Issues Important Decision Regarding Superfund Apportionment and Arranger Liability Issues
Environmental Law and Litigation Alert, May 5, 2009
James Stewart

· States Continue to Lead in the Absence of Federal Action to Address Climate Change
EnergyLaw 360, February 2009
Michael Lichtenstein, James Stewart

· License Site Professional Program is Coming
New Jersey Law Journal, July 21, 2008
James Stewart

· New Jersey Adopts Global Warming Response Act What It Means to You
Environmental Law & Litigation Group Alert, July 2007
James Stewart, Michael Lichtenstein, Norman Spindel

· New Jersey Supreme Court Clarifies Rights of Third Parties to Adjudicatory Hearings
Commerce, April 2006
James Stewart

· Recent Case Law Clarifies Ways Third Parties May Participate In Environmental Permitting Decisions
The Metropolitan Corporate Counsel, Inc., April 2006
James Stewart

· New Jersey Supreme Court Clarifies Rights of Third-Parties to Adjudicatory Hearings
Environmental Law Alert, February 2006
James Stewart

· Engineering at the Atomic Scale
New Jersey Law Journal, October 24, 2005
James Stewart, Michael Caffrey

· Agencies' Slow Remediation Process Frustrates Courts
New Jersey Law Journal, July 11, 2005
James Stewart

· Does Your Hospital Have Environmental Compliance Issues?
of Healthcare Risk Management of New Jersey News, Summer 2005
James Stewart, Michael Lichtenstein

· Is Silica the Next Asbestos?
New Jersey Law Journal, June 28, 2004
Robert Chesler, James Stewart, Geoffrey T. Gibson, Esq.

· Minnesota Supreme Court Addresses Product Warnings Required of Silica Supplier
Environmental Law Alert, April 2004
James Stewart

· Environmental and Health Regulators Will Focus on Mercury During 2004
New Jersey Law Journal, February 2004
James Stewart

· NJ DEP Accelerates Enforcement of Ground Water Claims Favors "Robust" Settlement Formula
Natural Resource Damages Alert, December 2003
James Stewart

· Medical-Surveillance Issues Perplex Courts Fifteen Years After Ayers
New Jersey Law Journal, December 9, 2002
James Stewart

· Mold Contamination of Mortgaged Property a New and Significant Legal Issue for Lenders
Mortgage Lending Alert, March 2002
Michael Lichtenstein, James Stewart

· Recent Developments Cloud Spill Act Liability
New Jersey Law Journal, October 22, 2001
James Stewart

E-Sources

· New Jersey Environmental Law Handbook
Government Institutes, 7th Edition, September 2001
Norman Spindel, Michael Dore, Michael Lichtenstein, Richard F. Ricci, James Stewart

Press Mentions

· James Stewart comments on how including a photo of a phone booth-sized cage used to hold mentally ill inmates in California with the amicus brief he prepared with Kenneth Zimmerman, Catherine Weiss and Michael Long, helped influence the U.S. Supreme Court's decision in Brown v. Plata. The decision requires California prisons to eliminate unconstitutional conditions by reducing critical and dangerous overcrowding., New Jersey Law Journal, May 27, 2011

· James Stewart discusses the environmental benefits of the waste-to-energy process, which burns waste at high temperatures and uses the heat to generate steam and electricity., NJBiz, August 17, 2009

· In an article about the U.S. Supreme Court's decision on contaminated Superfund sites, James Stewart comments on the implications of the New Jersey Spill Act., NJBiz, May 11, 2009

Clerkships

· New Jersey Supreme Court, Honorable Stewart G. Pollock

Affiliations

· Board of Advisors, EPA Administrative Law Reporter

· Adjunct Professor of Environmental Law, Pace University School of Law

· New Jersey State Bar Association

· New York State Bar Association

· American Bar Association

· Environmental Litigation Committee, Litigation Section

· Natural Resources Section

· NJ Green Building Council Committee on Green Building and Sustainability Valuation

· ABA Committee on Climate Change, Sustainable Development and Ecosystems

· ABA Committee Carbon and Energy Trading and Finance

Practice Areas: Construction Law & Litigation; Environmental Law & Litigation; Litigation; Products & Specialty Torts.Email: James Stewart

John S. Stolz (Member) born 1971; admitted to bar, 1997, New Jersey; 1998, New York. Education: Rutgers, The State University of New Jersey (B.A., 1993); Seton Hall University School of Law (J.D., cum laude, 1997) Member, Seton Hall Constitutional Law Journal.

John S. Stolz is a Member of the Firm and practices in Lowenstein Sandler's Real Estate Practice Group. Mr. Stolz represents a broad array of clients nationally in all facets of real estate, with a focus on complex transactions involving the acquisition, disposition and leasing of commercial properties, including multi-family projects. Mr. Stolz also counsels borrowers in securing financing from institutional lenders, life companies and pension funds, and is well-versed in documenting securitized and insured financing arrangements through Fannie Mae, Freddie Mac and various HUD programs. His transactional background includes representing clients in connection with the purchase and sale of loans, including distressed debt, as well as forming joint ventures and coordinating the deployment of private equity alongside funds, REITs and other investors. Mr. Stolz also regularly represents national restaurant franchisees in connection with site acquisition, store development, fee and leasehold financing and portfolio management.

In addition to his transactional practice, Mr. Stolz represents real estate developers in both obtaining local land use approvals and navigating the complex regulatory framework related to environmental permitting, including wetlands, waterfront development and CAFRA permits. In his development practice, Mr. Stolz regularly appears before local planning boards and zoning boards of adjustment, and has represented parties in both prerogative writ actions and administrative appeals in connection with either local land use approvals or permits from the New Jersey Department of Environmental Protection. He also represents parties in the redevelopment context, including both redevelopers and objectors to redevelopment plans and related blight determinations, and has been involved in the planning and implementation of significant mixed use projects throughout the State.

Over the past several years and with the combined effort of Lowenstein Sandler's Tech Group, Mr. Stolz has developed a niche practice in representing venture-backed companies negotiating leases in New York City's "Silicon Alley". Representation in this dynamic sector requires a sensitivity to the unique needs of emerging tech companies receiving their first capital raise, or evolving companies which are either growing out of their first space or making their final approach toward a big exit. By representing a wide range of virtual unknowns to household tech names, Mr. Stolz has gained valuable insight into the life cycle of these companies, and their real estate needs at each stage of that cycle.

Recent Representative Transactions:

· Represented real-time advertising tech leader in sophisticated sub-to-direct lease of 66,000 sq. ft. headquarters in NYC's Flatiron District.

· Represented Liberty Travel, Inc., and its affiliates, in connection with the disposition of its national real estate portfolio.

· Represented Liz Claiborne in connection with the disposition of its 600,000 sq. ft. distribution facility in Hudson County, New Jersey.

· Represented major self-storage operator in connection with the disposition of its New Jersey and New York self-storage portfolio to a major investment fund.

· Represented major real estate investor in the systematic disposition of its New Jersey office and industrial properties, and subsequent replacement of those investments with Class "A" multi-family properties in 5 states through a combination of IRC Section 1031 like-kind exchanges and Freddie Mac financing.

· Represented nationally prominent real estate company in the purchase of senior debt on New Jersey hotel properties.

· Represents two, locally prominent super market chains in various aspects of site acquisition, development and portfolio management.

· Represents major restaurant franchisee in connection with site acquisition and leasehold financing for the development of nationally prominent casual dining restaurants in New Jersey and New York.

· Represented significant Newark landowner in negotiating ground lease for the financing and development of a multi-tiered senior care campus, including apartments, adult medical day-care and nursing home facilities.

· Represented a nursing home operator in the disposition of a portfolio of 5 long term are facilities in Oklahoma.

· Represented several nursing home operators in the refinancing of various projets under HUD's Section 232 LEAN Program.

· Represented Jersey City Medical Center in connection with obtaining final endorsement from HUD of a $200 million financing package used for the construction of its state-of-the-art medical and ambulatory care center.

· Represented prominent real estate developer in negotiating ground lease for the construction and operation of a heliport fixed based of operations.

· Represents a substantial industrial property owner in the leasing, development and administration of a 5,000,000 square foot industrial facility in Hudson County, New Jersey.

· Represented Jersey City Medical Center in the negotiation of a ground lease with a national developer for the construction of a 75,000 square foot medical office building.

· Represented a real estate investor in the formation of a joint venture with a prominent fund for investment in multi-family properties across the country.

· Represented General Growth Properties in connection with the land use permitting and approvals for its 96,000 sq. ft. lifestyle center expansion at Bridgewater Commons regional mall.

Mr. Stolz has been recognized as a "Rising Star" by Super Lawyers (2011, 2010 and 2009).

Publications

· Absolute Assignment of Rents Does Not Always Bar Debtor's Use of Business Income for Reorganization Efforts
ABI Committee News - Real Estate Committee, August 2011
John Stolz, Wojciech Jung

· National News and Developments
Real Estate Newsletter, February 2011
Edward Hunter, John Stolz, David Tlusty

· New York News and Developments
Real Estate Newsletter, February 2011
Edward Hunter, John Stolz, David Tlusty

· New Jersey News and Developments
Real Estate Newsletter, February 9, 2011
Edward Hunter, John Stolz, David Tlusty

· New Jersey News and Developments
Real Estate Newsletter, October 2010
Edward Hunter, John Stolz, Lowell Plotkin

· New Jersey News and Developments
Real Estate Newsletter, July 2010
Paul Kizel, James Stewart, John Stolz, David Tlusty

· National News and Developments
Real Estate Newsletter, July 2010
Edward Hunter, Brian Silikovitz, John Stolz, Norman Spindel, Richard Horne, David Tlusty

· New York News and Developments
Real Estate Newsletter, July 2010
Edward Hunter, James Stewart, John Stolz

Press Mentions

· John Stolz comments on the recent Supreme Court ruling in Iron Mountain Information Management Inc. v. The City of Newark which impacts whether or not commercial tenants are entitled to notice of a proposed blight designation under the provisions of New Jersey's Local Redevelopment and Housing Law., GlobeSt.com, August 2010

· Lowenstein Sandler's announcement of new Members of the Firm, David B. Haber and John S. Stolz, is highlighted., NJBiz, February 2, 2009

· Lowenstein Sandler's announcement of new Members of the Firm, David B. Haber and John S. Stolz, is highlighted., Metropolitan Corporate Counsel, February 2009

Affiliations

· New Jersey Bar Association

· Union Center National Bank, Advisory Board (2008-present)

· National Association of Office and Industrial Properties (NAIOP)

· Real Estate Board of New York (REBNY)

· Homes Fit for Heroes Foundation, Secretary (2010)

· ReCon Advisors - President (2007-present)

· Mt. Pleasant Animal Shelter - Board of Directors (2000 - 2006)

· Lady Liberty Academy Charter School - Board of Trustees

Practice Areas: Corporate; Real Estate.Email: John S. Stolz

S. Jason Teele (Member) born 1971; admitted to bar, 2001, New Jersey; 2002, New York. Education: Rutgers, The State University of New Jersey (B.A., 1993); Seton Hall University (M.P.A., 1997); Seton Hall University School of Law (J.D., 2001).

S. Jason Teele is a Member of the firm at Lowenstein Sandler PC. He practices in the firm's Bankruptcy, Financial Reorganization & Creditors' Rights Group, where he focuses on bankruptcy, restructuring, debtor-creditor law, bankruptcy litigation and appellate advocacy involving bankruptcy matters.

Mr. Teele represents debtors, unsecured and secured creditors in Chapter 11 cases throughout the United States. He currently serves as counsel for Meridian Behavioral Health LLC and its affiliates in Chapter 11 cases pending in the United States Bankruptcy Court for the Southern District of New York and as counsel for U.S. Eagle Corp. and its affiliates in Chapter 11 cases pending in the United States Bankruptcy Court for the District of New Jersey. Mr. Teele also has recently served as debtor's counsel to EPV Solar, Inc., a leading designer and manufacturer of solar panels; Nicos Polymers LLC, a leader in the post-industrial recycling industry; Creative Group, Inc., a leading media and television post-production company; IFL Corp., a sports entertainment company that supervised a leading mixed martial arts league; and Smidth & Co.

Examples of Mr. Teele's recent engagements by creditors' committees or creditors holding substantial claims in Chapter 11 cases include: Mount Vernon Monetary Monetary Management Corp., Pliant Corporation, Stant Parent Corp., Lehman Brothers Holdings Inc., Lyondell Chemical Company, General Growth Properties, Inc., General Motors Corp., Idearc Inc., MES International, Inc., and Fremont General Corp. He was also instrumental in representing a major labor union in several of the largest airline bankruptcies, including US Airways, UAL Corp., Hawaiian Airways, Aloha Airgroup and Northwest Airlines.

Mr. Teele is listed among the Best Lawyers in America (2012) for his work in bankruptcy and creditor debtor rights/insolvency and reorganization law. In 2012, he was recognized by Super Lawyers and was previously featured as a "Rising Star" in the publication (2006-2011).In 2011, he was named to New Jersey Law Journal's annual "Forty Under 40" list of leading attorneys.

Prior to joining Lowenstein Sandler, Mr. Teele served as the Director of Research for the Democratic staff of the New Jersey General Assembly in Trenton, New Jersey.

Published Opinions

· In re Palermo, 370 B.R. 599 (Bankr. S.D.N.Y. 2007)

· Mercury Capital Corp. v. Milford Connecticut Associates, L.P., 354 B.R. 1 (D.Conn. 2006)

· In re Northwest Airlines Corp., 346 B.R. 307 (Bankr. S.D.N.Y. 2006)

· In re U.S. Airways, Inc., 329 B.R. 793 (Bankr. E.D.Va. 2005)

Publications

· Strategic Alternatives for Distressed Business - Chapter 26
Strategic Alternatives for Distressed Business, January 2012
Sharon Levine, S. Jason Teele, Nicole Stefanelli

· The Impact Of Privacy On FDIC Resolution Plans
Law360, November 17, 2011
S. Jason Teele, Daniel Thiel

· Valuation Procedure, the Influence of Equity, and the Inclination Toward Settlement
Contested Valuation in Corporate Bankruptcy, 2011
Sharon Levine, S. Jason Teele

· Bankruptcy Alert: FDIC Adopts Final Rule Requiring Living Wills for Financial Institutions; Institutions Must Now Describe How They Will be Liquidated
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, September 14, 2011
S. Jason Teele, Sharon Levine

· A Common-Sense Approach to D&O Policy Exclusions
Law360, July 27, 2011
Robert Chesler, S. Jason Teele

· Navigating the Intersection of Bankruptcy and Insurance
Law360, July 1, 2011
Robert Chesler, S. Jason Teele

· Strategic Alternatives for Distressed Business - Chapter 26
Strategic Alternatives for Distressed Business, June 2010
Sharon Levine, S. Jason Teele

· Distinguishing 'Excusable Neglect' In Filing Late Claims
Law360, June 14, 2010
Sharon Levine, S. Jason Teele

· New Decision Distinguishing Excusable Neglect in Filing Proofs of Claim After the Bar Date; Denying Leave to File Late Claims
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, May 21, 2010
S. Jason Teele

· Secured Lenders Do Not Have an Absolute Right to Credit Bid
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, March 24, 2010
Sharon Levine, Sheila Sadighi, S. Jason Teele, Joseph Becht, Jr.

· Case Study: Solomon V. Oneida
Law360, February 11, 2010
S. Jason Teele, Wojciech Jung

· When Is a Committee Not a Committee for Bankruptcy Rule 2019 Purposes?
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, February 5, 2010
S. Jason Teele, Cassandra Porter

· The Ongoing Debate Over Rule 2019
Law360, February 5, 2010
S. Jason Teele, Sharon Levine, Cassandra Porter

· Non-Exclusive Engagement Agreement and Limited Retention Leads to Denial of Investment Banker's Fees in Chapter 11
Bankruptcy, Financial Reorganization & Creditors' Rights Department, January 27, 2010
Wojciech Jung, S. Jason Teele

· Negotiating Break-Up Fees In A Stalking Horse Bid
Law 360, January 27, 2010
Sharon Levine, Sheila Sadighi, S. Jason Teele, Cassandra Porter

· Kelson Channelview LLC v. Reliant Energy Channelview LP: When Negotiating a Break-Up Fee in a Stalking Horse Bid, Make Sure it Meets Section 503(b)'s "Necessary to Preserve Value" Test
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, January 20, 2010
Sheila Sadighi, S. Jason Teele, Cassandra Porter

· New Decision Requiring Disclosures for Informal Committees in Bankruptcy Cases
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, December 14, 2009
Sharon Levine, Sheila Sadighi, S. Jason Teele

· Enforceability of Triangular Setoff Rights In Safe Harbor Contracts - Still An Open Question? Part 2
Derivatives Week, June 29, 2009
Bruce Nathan, S. Jason Teele, Matthew Magidson

· Enforceability of Triangular Setoff Rights In Safe Harbor Contracts - Still An Open Question? Part 1
Derivatives Week, June 22, 2009
Bruce Nathan, S. Jason Teele, Matthew Magidson

· "Big Boy" Letters Raise Insider Trading Concerns In And Out Of Bankruptcy
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, June 2007
John Hogoboom, Sharon Levine, S. Jason Teele

· Refinancing Can Be a Risky Proposition
New Jersey Law Journal, January 15, 2007
Bruce Buechler, S. Jason Teele

· Debtor's Assumption of Contract or Lease Relieves Creditor of Preference Liability
Bankruptcy Watch, May 2004
S. Jason Teele

· Reducing Costs by Terminating Retiree Benefits in Chapter 11
New Jersey Law Journal, March 15, 2004
Bruce Buechler, Sharon Levine, S. Jason Teele

· Union Labor Under Pressure When Companies File for Protection
New Jersey Law Journal, February 3, 2003
Bruce Buechler, Sharon Levine, S. Jason Teele

Press Mentions

· In Law360, Sharon L. Levine, S. Jason Teele, Paul Kizel and Wojciech F. Jung are highlighted for representing the Transport Workers Union of America in the Chapter 11 case of American Airline's parent company, AMR Corp., Law360, April 24, 2012

· Lowenstein Sandler's election of Michael Hahn, Jason Halper, Scott Moss, Ethan Skerry and S. Jason Teele as Members of the firm is highlighted., New Jersey Law Journal, January 4, 2010

Affiliations

· NY State Bar Association's Committee on Attorney Professionalism - 2007

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: S. Jason Teele

Raymond P. Thek (Member) born 1962; admitted to bar, 1987, New York; 2002, New Jersey. Education: Boston University (B.A., magna cum laude, 1983); Yale Law School (J.D., 1986) Director, Yale Law and Technology Association and the Yale Federalist Society.

Raymond P. Thek is Vice Chairman of Lowenstein Sandler's Tech Group. Ray advises tech and life sciences companies in all aspects of corporate finance, including venture financing, acquisitions, divestitures and strategic alliances. He has extensive experience in venture capital investment, mergers and acquisitions and private equity financings including, tech transfer and strategic partnering. Ray is a member of the firm's Corporate Department and Vice Chairman of the Tech Group.

Ray provides tactical and strategic advice to many sectors of the business world, including start up companies, acquirers seeking value in acquisition transactions, sellers seeking the intersection between speed and value preservation, and lenders and financiers seeking to maximize, preserve or recover assets. Representative clients include venture funds such as Trident, Abingworth, OpenView, Valhalla and .406 Ventures and companies such as Dun & Bradstreet, American Express, Saladax Biomedical, Chromocell, and AdSafe.

Ray was formerly a Senior Partner in the Princeton office of Hale and Dorr. Previously, Ray practiced at Cleary Gottlieb in New York City, concentrating on M&A and private equity.

Related Experience

First Growth Venture Network

Co-Founder and Executive Committee Member

First Growth Venture Network's mission is to help make great, early stage companies even better. FGVN provides a formal mentoring program and peer group for a jury-selected group (or "vintage") of high potential, seed and early stage start-up tech entrepreneurs. FGVN takes these entrepreneurs and accelerates their "FirstGrowth" by (1) connecting them with successful entrepreneurs and investors, all of whom have spent years in and around tech start-ups; (2) providing regular opportunities for substantive information and networking with the broader First Growth community; and (3) providing a peer group of other high potential tech leadership teams in the First Growth program. The application and, for those admitted, the program are both free (FGVN doesn't ask for money or equity).

GrapeArborVC

Co-Founder and COO

GrapeArborVC is an angel investor group comprised of 9 friends who spend their professional lives working with and/or in tech start-ups. They pool their personal finances and expertise to make angel investments. Since its founding in 2006, GrapeArborVC has financially backed more than two dozen companies.

AngelVineVC

Executive Committee Member

AngelVineVC is a NYC-based gathering of angels, VCs, serial entrepreneurs and senior execs in the tech industry striving to strengthen the community of those interested in funding and supporting early-stage ventures, primarily but not exclusively in digital media, financial services and cloud/virtualization. AngelVineVC holds gatherings in NYC several times a year to hear cool speakers, connect with a screened set of tech start-ups hungry for investment and greatness, and drink some killer wines. We don't ever charge the start-ups to apply or attend, but it is invite only.

Publications

· NO PAIN - NO GAIN: Five Arguments Not to Have With Your Mezzanine & Late Round VC
LifeSciTech, Q4 2005
Raymond Thek, Eric H. Sillman

· Lowenstein Sandler: Heads Into New Frontier, Picks Up the Stem Cell Gauntlet
New Jersey Business, June 2005
Raymond Thek, Gary Friedman, MD

· New Jersey Takes Leadership Position in Stem Cell Research and Commercialization
New Jersey TechNews, June 2004
Raymond Thek, Gary Friedman, MD

· Life on the Creative Edge
NJBiz, Research New Jersey, April 2004
Raymond Thek

Press Mentions

· In a San Francisco Chronicle article, First Growth Venture Network, founded by Ed Zimmerman, Kathi Rawnsley and Raymond P. Thek, is highlighted for giving the New York venture capital community access to talent, fellow entrepreneurs, venture capitalists and angel investors., San Francisco Chronicle, Business Insider, July 7, 2010

· Raymond P. Thek discusses New Jersey's leadership position in stem cell research and funding and addresses the legal community's expanding role in the field., The Star Ledger, March 19, 2006

· Raymond P. Thek discusses recent trends in biomedicine and the industry's effect on diagnostic imaging instrument manufacturers., Chemical & Engineering News, July 25, 2005

Affiliations

· AngelVineVC -- www.angelvinevc.com
- Executive Committee

· Commercialization Center for Innovative Technologies
- Advisory Board Member

· New Jersey Business Incubation Network
- Counsel and Member

· NJIT-Enterprise Development Center
- Advisory Board Member

· Guest Lecturer, Goergen Entrepreneurial Management Program, University of Pennsylvania, The Wharton School

· Guest Lecturer, Columbia Business School

· National Venture Capital Association
- Patent Group Advisory Board Member

· NJTC
- Member of the Board of Directors

· Edison Innovation Program
- Advisory Board Member

· NJ All Stars
- Board Member

(Also at New York, New York Office). Practice Areas: Corporate; Corporate Finance & Securities; Life Sciences; Mergers & Acquisitions; Tech Transfer; The Tech Group; Venture Capital, Angel Investing, and M&A.Email: Raymond P. Thek

R. Scott Thompson (Member) born 1959; admitted to bar, 1988, New York; 1990, New Jersey; 1990, U.S. District Court, Southern District of New York; 1992, U.S. District Court, District of New Jersey; 2001, U.S. Court of Appeals, Third Circuit; 2002, U.S. District Court, Eastern District of New York; 2003, U.S. Court of Appeals, Second Circuit. Education: Princeton University (A.B., 1981); Rutgers University School of Law - Newark (J.D., with honors, 1986).

R. Scott Thompson is a member of the firm's Litigation Department and the White Collar Criminal Defense Practice Group. His practice focuses on white collar criminal defense and criminal and civil trials. He has handled state and federal criminal matters, and a number of state, federal and international civil litigation matters involving, among other things, allegations of fraud, theft of intellectual property, and RICO violations. In addition, Mr. Thompson has conducted internal investigations for publicly traded and private corporations, and has advised publicly traded corporations with respect to corporate compliance programs. Mr. Thompson has been featured in Super Lawyers since 2005 in the Criminal Defense: White Collar section of the publication.

Mr. Thompson's clients have included Fortune 500 companies and their executives, and he has represented clients in ten federal districts and the courts of several states.

Representative cases since joining Lowenstein Sandler in 1996 include:

· Trial counsel for prominent New York doctor accused of insurance fraud

· Trial counsel for owner of ferry service accused of federal maritime manslaughter

· Trial counsel for former Dinkins administration official accused of fraud

· Trial counsel for trucking company owner accused of perjury

· Trial counsel in a variety of securities fraud cases

· Represented corporations and individuals in federal and state grand jury investigations into alleged violations of environmental laws

· Represented corporations and individuals in federal and state grand jury investigations into a variety of financial activity, including alleged violations of securities laws, money-laundering statutes, and mail and wire fraud statutes

· Represented corporations and individuals in federal grand jury investigations into alleged violations of the Foreign Corrupt Practices Act (FCPA)

· Represented hedge fund operator in connection with international litigation involving allegations of fraud and breach of contract

· Represented individuals in federal grand jury investigations into alleged violations of federal campaign contribution laws

· Represented individuals and financial institutions before the Securities and Exchange Commission on a variety of contexts

· Prosecuted and proved civil liability for theft of computer software by Fortune 500 company

· Represented individuals in civil and criminal tax investigations

· Appointed trustee by federal district court to oversee sale of inventory of company convicted of violations of trade embargo

· Represented doctors, hospitals and other health care service providers in state and federal grand jury investigations into alleged fraud

· Represented financial services partnership in defense of claims arising out of $130 million loss caused by rogue trader employed by the partnership

Before joining Lowenstein Sandler in 1996, Mr. Thompson served as an Assistant United States Attorney for the District of New Jersey for four years. In that position, Mr. Thompson specialized in prosecution of cases under the federal RICO statute and sophisticated white collar fraud. Mr. Thompson was commended by FBI Director, Louis Freeh, for his trial work and was awarded the Office's Outstanding Performance and Special Achievement Award in 1994. In the last ten years, Mr. Thompson has tried more than ten cases on both the prosecution and defense sides.

Prior to entering government service, Mr. Thompson spent four years at New York's Davis Polk & Wardwell, where he was part of a trial team that won a verdict of acquittal at the close of the government's case in a federal criminal trial, and led a team of lawyers in the defense of a major oil refiner accused of criminal violations of federal and state environmental laws.

Publications

· Meeting The Unexpected With A Plan
The Metropolitan Corporate Counsel, July 2005
R. Thompson

· Corporate Internal Investigations in the 21st Century: Proceed With Caution
The Metropolitan Corporate Counsel, August 2004
R. Thompson, Matthew Oliver

· SEC Enforcement Director Cutler Outlines Aggressive Agenda
Securities/White Collar Crime Alert, March 2004
R. Thompson, Matthew Oliver

· Plugging The Leaks: Guidelines For Conducting Internal Corporate Investigations Involving Disclosure Of Confidential Information
White Collar Criminal Defense Alert, October 2002
R. Thompson, Matthew Oliver

· Sarbanes-Oxley Act of 2002 Creates New Federal Crimes
White Collar Criminal Defense Alert, July 2002
R. Thompson, Matthew Oliver

· What to Do When the Government Knocks on Your Door
White Collar Criminal Defense Alert, April 2001
R. Thompson

Practice Areas: Commercial & Business Litigation; Life Sciences; Litigation; Securities Litigation; White Collar Criminal Defense.Email: R. Scott Thompson

Robert D. Towey (Member) born 1959; admitted to bar, 1984, New Jersey; 1984, U.S. District Court, District of New Jersey; 1986, U.S. Court of Appeals, Third Circuit. Education: Drew University (B.A., summa cum laude, 1981) Phi Beta Kappa; Seton Hall University School of Law (J.D., cum laude, 1984) Business Editor, Seton Hall Law Review.

Robert D. Towey represents clients in complex litigation involving a wide range of corporate and commercial matters. Mr. Towey has experience in all phases of litigation, both at the trial and appellate levels, in federal district, bankruptcy and state courts throughout the United States, as well as in arbitration tribunals. He has tried numerous jury and non-jury cases.

Mr. Towey has represented a broad spectrum of clients, both as plaintiffs and defendants, in cases involving breach of contract, fraud, trade name disputes, breach of fiduciary duty, tortious interference, consumer fraud class actions, creditors' rights disputes, public contract bidding protests, toxic torts, product liability and franchise relationships. His corporate clients have included ADP, Inc., ADP Commercial Leasing, LLC, AT&T Corp., AT&T Wireless, Inc., Avaya, Inc., Cognis Corporation, Daiichi-Sankyo, Inc., Forest Laboratories, Inc., Global Tel*Link Corporation, Henkel Corporation, Inwood Laboratories, Inc., Lucent Technologies, Inc., March & McLennan Co., The Crump Group, St. Jude Medical, Inc., Tyco Telecommunications and Vonage Holdings Corp.

Mr. Towey's representative cases include:

· Defending a manufacturer of telecommunication equipment in a multimillion dollar claim for breach of contract and theft of trade secrets.

· Representing a commercial real estate developer in litigation contesting the award of a public contract to a competing developer.

· Representing pharmaceutical companies in actions brought against the New Jersey Department of Health and Human Services as a result of efforts by the state to collect retroactive rebates for pharmaceutical products that were unilaterally included by the state in its New Jersey WorkFirst Program.

· Defending an energy company in a consumer class action alleging consumer fraud and other false advertising claims.

· Defending a telecommunications provider in litigation contesting the award of a public contract to a competitor.

· Defending a major chemical manufacturer in a mass tort action arising out of alleged injuries from the exposure to benzene products

· Representing a commercial real estate developer in a dispute arising out of the release of chemicals and asbestos and the contamination of property, as well as insurance coverage issues

· Representing an ambulatory surgical center and its physician owners with respect to a multi-million dollar jury verdict against the center and in favor of a former physician-employee

· Representing a surgical center and its physician owners in a significant whistle-blower case brought by a former employee also alleging claims for fraud, misrepresentation, breach of contract, and counterclaims for theft and conspiracy

· Representing physicians whose in-network status with a major healthcare insurance carrier has been terminated as a result of their ownership of an out-of-network ambulatory surgical center

· Pro bono representation of injured military veterans returning from Iraq and Afghanistan with respect to military disability proceedings

Outside of the courtroom, Mr. Towey spends much of his time enjoying the great outdoors. He counts among his many family adventures over the years exploring Europe and the United States, white water rafting, camping and fishing in the Teton Mountains, panning for gold, cross-country skiing, weekly year round hikes and trolling the coast of New Jersey in his offshore fishing boat. His interests in archeology and paleontology ? cultivated by childhood digs along the Delaware River for Lenni Lenape Indian settlements and fossil hunts throughout New Jersey ? and astronomy, have developed into passions he now shares with his children. Mr. Towey is a jazz and blues enthusiast and enjoys the visual arts and is a schooled water artist who enjoys painting outdoor scenes that capture the ruggedness and beauty of varied landscapes.

Mr. Towey is listed in the 2008, 2009, 2011 and 2012 editions of Super Lawyers.

Publications

· New Jersey Retroactively Levies Rebate Payment Obligations on Non-Participating Pharmaceutical Manufacturers Under the WorkFirst New Jersey General Public Assistance Act
Business Litigation Client Alert, April 2011
Robert Towey, Michael Himmel

· CMS Disclosure Requirement of Physician Ownership Interests before Procedures Effective May 18, 2009
Healthcare Law and Practice Alert, May 14, 2009
Robert Towey

· Assisting Telecom Clients as Creditors in Bankruptcy Proceedings
Inside the Minds: Telecommunications Client Strategies, 2008
Robert Towey

· Assembly Health and Senior Services Committee Changes to Proposed Codey Act Amendment
Healthcare Law and Practice Alert, June 2008
Robert Towey

· Congressional Inaction Threatens Judicial Independence
The Metropolitan Corporate Counsel, April 2008
Robert Towey, Aurora Parrilla

· Time Really Does Matter: Making Sure That Public Bidding Protests are Heard
Public Contracts and Bidding Law Alert, January 2008
Robert Towey

· Impermissible "Self-Referrals" to Physician-Owned Outpatient Facilities -- All Bark and No Bite
Healthcare Law and Practice Alert, January 2008
Robert Towey

· Debtor's Assumption of an Executory Contract Is Really a Shield From Preference Liability
Managing Credit Receivables & Collections, June 2004
Robert Towey

· LaRoche and Offspring Close Door on the 'New' Preference Defense
Managing Credit Receivables & Collections, February 2004
Robert Towey, Andrew J. Pincus, Esq.

Practice Areas: Class Action & Derivative Litigation; Commercial & Business Litigation; Litigation.Email: Robert D. Towey

Michael P. Vito (Member) admitted to bar, 1998, New Jersey; New York; District of Columbia; 1998, U.S. District Court, District of New Jersey; 2002, U.S. Tax Court. Education: Tulane University, Paul Tulane College (B.A., cum laude, 1996) Phi Beta Kappa; Tulane University Law School (J.D., magna cum laude, 1998) Order of the Coif, Notes & Comments Editor, Tulane Law Review.

Michael P. Vito practices in the areas of tax, estate planning and estate administration and is a member of the firm's Trusts & Estates Practice Group. He is routinely involved in tax analysis regarding complex issues in federal estate, gift and generation-skipping transfer tax and income tax planning for trusts and estates. Mr. Vito is experienced in preparing various estate planning instruments, including wills, insurance trusts, "living" trusts, grantor retained annuity trusts, charitable trusts, qualified personal residence trusts, durable powers of attorney and advance directives for health care. Mr. Vito's planning practice also encompasses asset planning involving family limited partnerships and tax-exempt organizations such as family foundations.

In addition, Mr. Vito counsels executors and trustees in fulfilling their fiduciary duties in administering decedents' estates and trusts. His estate administration practice includes probate proceedings, preparing estate and inheritance tax returns, handling estate and inheritance tax audits and preparing documents necessary to effect interim and final distributions from an estate or trust, be it via a formal court accounting action or by informal settlement agreement and release.

From 2006-2012, Mr. Vito was recognized as a Rising Star in Super Lawyers magazine. He lectures frequently on the subjects of estate planning and administration, most recently for the New York City Bar Center for CLE and the New Jersey Institute for Continuing Legal Education. Mr. Vito is also author of the 2011 edition of Basic Estate Administration, a book published by the New Jersey Institute for Continuing Legal Education.

Publications

· A Swan Song: Estate Planning in Light of States' Marriage Equality Laws
Practical Tax Strategies, March 2012
Warren Racusin, Michael Vito

· Estate Planning and the Enactment of the New York Marriage Equality Act: What You Need to Know
Trusts & Estate Client Alert, July 2011
Warren Racusin, Michael Vito, Eric Weinstock

· Basic Estate Administration - 2011 Edition
New Jersey Institute for Continuing Legal Education, 2011 Edition
Michael Vito

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

· Trusts Aren't Just for Taxes, and They Never Were
New Jersey Law Journal, February 8, 2010
Eric Weinstock, Michael Vito

· The Silver Lining: Falling Asset Values and Declining Interest Rates Can Create Gift and Estate Tax Windfalls
Trusts & Estates Client Alert, October 29, 2008
Michael Gooen, Michael Vito, Eric Weinstock

· Design Your Trust To Deter Disputes
New Jersey Law Journal, December 10, 2007
Michael Vito

· Avoiding Detrimental Designations
New Jersey Law Journal, July 2, 2007
Michael Vito

· New Tax Act Affects Estate and Retirement Planning
CLOSELYheld, August 2001
Michael Gooen, Andrew Graw, Michael Vito

· 2001 Federal Tax Changes Force Taxpayers to Reevaluate Their Estate Plans
Estate Planning Alert, June 2001
Michael Gooen, Michael Vito, John M. Tassillo, Jr., Esq.; Peter D. Crawford, Jr., Esq.

Press Mentions

· In an interview on NY1, Michael P. Vito discusses the importance of designating the appropriate beneficiaries for nonprobate assets such as IRAs and life insurance policies., NY1, July 27, 2011

· In an InvestmentNews article, Michael P. Vito discusses the many financial, tax, and planning implications for same-sex couples considering marriage in New York., InvestmentNews, July 17, 2011

· Michael P. Vito comments on estate tax valuation issues in an article about estate planning during times of economic, legislative and demographic change., NJ Business Magazine, February 2008

Affiliations

· New Jersey State Bar Association: Vice Chair, Board of Consultors, Real Property, Trust & Estate Law Section

· Trustee, Hyacinth AIDS Foundation

. Practice Areas: Business Tax Counseling & Structuring; Corporate; Fiduciary Counseling & Litigation; Trusts & Estates.Email: Michael P. Vito

Jeffrey J. Wild (Member) born 1959; admitted to bar, 1986, New Jersey, New York and District of Columbia; 1986, U.S. Court of Appeals, Third Circuit; 1986, U.S. District Court, District of New Jersey; 1986, U.S. District Court, Southern District of New York; 1986, U.S. District Court, Eastern District of New York; 2012, U.S. Court of Appeals, Second Circuit. Education: Cornell University (B.A., with distinction in all subjects, 1982); Columbia University School of Law (J.D., 1985) Harlan Fiske Stone Scholar.

Jeffrey J. Wild is Co-Chair of the firm's Capital Markets Litigation Group and Fiduciary Counseling & Litigation Group. He has more than 25 years of experience in complex, high stakes financial litigation and arbitration, and is the "go to" litigator for numerous major companies and other clients. Mr. Wild's practice includes capital-markets litigation (including claims relating to Wall Street transactions), securities litigation, contract/fraud litigation, trust-and-estate litigation, and other financial/commercial litigation. He litigates in the state and federal courts of both New Jersey and New York. Mr. Wild is featured in the 2007-2011 editions of Chambers USA: America's Leading Lawyers for Business; the 2007, 2009, 2010, 2011 and 2012 editions of Super Lawyers and the 2008 Super Lawyers, Corporate Counsel Edition.

Some examples of Mr. Wild's litigation practice include the following:

· Citicorp Repo Litigation: In November of 2008, Mr. Wild was selected to represent Bayview Financial, a family of companies that has issued tens of billions of dollars in asset-backed securities, in a major litigation with Citicorp relating to a $65 million repurchase transaction and the financing for multiple "repo" facilities. The case, in which Citicorp is represented by Shearman & Sterling, is currently pending in New York Supreme Court.

· Auction-Rate Securities Claim Against Merrill Lynch: Mr. Wild was a lead litigator in a securities arbitration proceeding before the Financial Industry Regulatory Authority (FINRA) against Merrill Lynch/Bank of America. The claim, which was settled in 2011, involved sales by Merrill Lynch of hundreds of millions of dollars or auction-rate securities (ARS) backed by subprime Collateralized Debt Obligations (CDOs).

· Tourneau, Inc.: Mr. Wild handles the largest litigation matters for Tourneau, Inc., the largest watch company in the world. For example, Mr. Wild secured a major victory for Tourneau by defeating shareholders-derivative claims before both the American Arbitration Association and the New York Supreme Court. Mr. Wild has also represented Tourneau in a successful insurance litigation after Tourneau's World Trade center store was destroyed on 9/11, as well as litigation against Tourneau's former insurance consultants and brokers.

· CIT Group v. Credit Suisse: Mr. Wild successfully represented three publicly-traded companies, CIT Group, PSEG Resources and Dana Corporation, in litigation against Credit Suisse relating to a $40 million investment in a CBO securitization transaction. This included: (1) winning an international arbitration against Credit Suisse, which was represented by Sullivan & Cromwell; and (2) in a related case in New York Supreme Court, securing the dismissal of all of Credit Suisse's counterclaims with prejudice. Mr. Wild has also represented, and continues to represent, CIT Group in other high-stakes litigation matters.

· Epicor: Mr. Wild is lead litigator in the United States for Epicor Software Retail Solutions, a provider of point-of-sale software based in Quebec that does business worldwide. He has handled NSB's federal-court litigation of all kinds.

· HUBCO/Hudson United Bank: Mr. Wild represented a publicly-traded bank in litigation against a former bank officer who claimed to be a whistle-blower, but was also accused of being bribed by one of the bank's largest customers. Mr. Wild won key motions in the United States Bankruptcy Court For the District of New Jersey (after the former officer filed for bankruptcy), resulting in the officer having no compensable damages and therefore dismissing all claims.

· In re: Able Laboratories: Mr. Wild opposed a motion for class certification, under the New Jersey Consumer Fraud Act, of claims by a putative class alleging fraud in connection with over $200 million of generic drugs. The Court declined to grant certification at the initial hearing, and shortly thereafter, a settlement was reached that avoided class-action certification.

· High-Profile Pro Bono Matters: Mr. Wild is on the Board of Trustees of the American Civil Liberties Union of New Jersey and has been interviewed by publications such as Metropolitan Corporate Counsel about a string of pro bono victories. These have included Mr. Wild's securing of a former investment banker who had been held in "debtor's prison" for years because of a failure to pay a civil judgment. Mr. Wild also led a pro bono team that obtained a landmark settlement against an adoption agency that resulted in an admission of HIV-positive discrimination. He also donates his time to Play For P.I.N.K., a charity that raises funds to fight breast cancer, and recently handled a matter in which he secured an open tallying of votes relating to the 2008 Presidential Election. Mr. Wild is currently donating his time representing a large group of homeless men, women and children in Ocean County.

Recent Speaking Engagements:

· Co-panelist, West Legalworks' webcast, "The Future of Auction Rate Securities," October 20, 2008

Publications

· Lowenstein Sandler's Pro Bono Program: Casting a Wide Net
The Metropolitan Corporate Counsel, August 2006 Robert Boneberg, Jeffrey Wild

· Figuring the Time Value of Money
New Jersey Law Journal, May 1, 2006
Jeffrey Wild

Press Mentions

· The Star Ledger profiles Jeffrey Wild and his pro bono work to help the homeless in Ocean County, New Jersey., The Star Ledger, January 20, 2012

· In a Huffington Post article, Jeffrey Wild comments on the need for emergency shelter for the homeless in Ocean County, New Jersey., Huffington Post, January 6, 2012

· Jeffrey Wild comments on the English Poor Laws which our firm will rely on in the January 6 hearing to decide whether residents of a tent city in Lakewood, New Jersey will be allowed to remain on the land., The London Times, December 24, 2011

· On WNYC's Brian Lehrer Show, Jeffrey Wild discusses the need for a right to shelter in Ocean County, New Jersey., Brian Lehrer Show, December 1, 2011

· In Business Insider, Jeffrey Wild's advocacy for the homeless living in tent cities in Lakewood is highlighted., Business Insider, September 8, 2011

· In an interview on BBC Radio, Jeffrey Wild discusses his pro bono work on behalf of homeless New Jersey residents living in tent cities and his personal connection to the cause., BBC Radio, September 7, 2011

· On ABCNews.com, Jeffrey Wild comments on his pro bono fight for the right to shelter of people residing in tent cities in New Jersey., ABCNews.com, August 11, 2011

· In The Record, and The Star Ledger articles, Jeffrey Wild's advocacy for the homeless living in tent cities in Lakewood is highlighted., The Record, The Star Ledger, May 31, 2011

· In an interview with NJN TV News, Jeffrey Wild discusses the lawsuit against Ocean County aiming to force the county to provide emergency housing for homeless living in tent cities and homeless throughout the county, based on the New Jersey constitution and other law., NJN TV News, March 21, 2011

· In Asbury Park Press and TomsRiverPatch articles, Jeffrey Wild comments on Ocean County's refusal to provide emergency housing to homeless men and women living in encampments such as a "tent city" in Lakewood, NJ. Lowenstein Sandler PC serves as pro bono counsel to the group of homeless in Tent City in a proposed class action on behalf of the homeless who are denied emergency shelter., Asbury Park Press, TomsRiverPatch, March 14, 2011

· In an interview with WCTC's New Jersey Today, Jeffrey Wild discusses the lawsuit against Ocean County aiming to force the county to provide emergency housing for homeless., WCTC Radio, March 2011

Affiliations

· Member, Board of Arbitrators, Financial Industry Regulatory Authority (FINRA), formerly NASD Regulation, Inc.

· Member, American Bar Association

(Also at New York, New York Office). Practice Areas: Capital Markets Litigation; Commercial & Business Litigation; Fiduciary Counseling & Litigation; Litigation; Securities Litigation.Email: Jeffrey J. Wild

Richard D. Wilkinson (Member) born 1952; admitted to bar, 1977, New Jersey. Education: Rutgers University - Newark (B.A., 1974); Rutgers University School of Law - Newark (LL.B., 1977).

Richard D. Wilkinson has more than 20 years of experience in a wide variety of commercial litigation matters in federal and state courts.

Mr. Wilkinson handles all types of complex commercial litigation claims involving fraud, fraudulent conveyances and unfair competition. He also handles emergency applications for injunctions, commercial contract disputes, and corporate and partnership dissolutions. Mr. Wilkinson was featured in the 2005, 2008, 2009, 2010, 2011 and 2012 issues of Super Lawyers in the Business Litigation section of the publication.

Publications

· When It Comes to Oppression, Corporations and LLCs Are Not Created Equal
Bloomberg Law Reports - Corporate Law, April 2010
Richard Wilkinson, Nicholas San Filippo, Eileen Overbaugh

· New Jersey's Revised Uniform Partnership Act Provides New Alternative To Dissolution
CLOSELYheld, August 2001
Richard Wilkinson

Affiliations

· New Jersey State Bar Association

· American Bar Association

Practice Areas: Business Divorce; Class Action & Derivative Litigation; Commercial & Business Litigation; Fiduciary Counseling & Litigation; Insurance Coverage; Litigation.Email: Richard D. Wilkinson

Gary M. Wingens (Chairman/CEO) born 1963; admitted to bar, 1988, New Jersey; 2008, District of Columbia; 2009, New York. Education: Brandeis University (B.A., cum laude, 1985); Harvard Law School (J.D., cum laude, 1988).

Gary Wingens is Chairman and CEO of Lowenstein Sandler. Gary leads the firm's Mortgage Finance practice and is featured among The Best Lawyers in America for his structured finance practice.

Gary's transactional practice spans the areas of structured finance and mortgage finance, commercial real estate and business acquisitions and dispositions. He also actively counsels clients in a wide variety of matters of significance to their business. For example, Gary has represented financial institutions of all sizes in the development of programs related to the acquisition, financing, warehousing and disposition of real estate related loans and other assets. He has represented buyers and sellers in hundreds of billions of dollars of mortgage and servicing related acquisitions, financing, dispositions and servicing transactions. With the firm's bankruptcy group, he has also counseled clients in acquiring distressed assets out of bankruptcy proceedings. In more traditional practices, Gary has broad experience in commercial real estate acquisitions, financing and leasing programs.

Gary is a member of the Council of Trustees of the New Jersey Performing Arts Center (where he also serves as outside counsel), the Brandeis University Alumni Board, as well as the Executive Committee of United Jewish Communities of MetroWest and the Board of Jewish Family Services. Gary was Board President of Solomon Schechter Day School of Essex and Union from 2004-06 and currently chairs the UJC Metrowest Unified Allocations Committee. He was previously a member of the Board of Trustees of the Healthcare Foundation of New Jersey (2000-2010).

Publications

· Legal Expertise for a Positive Impact (interview with Gary Wingens and Kenneth Zimmerman)
Enterprise, May 2009
Gary Wingens, Kenneth Zimmerman

· U.S. Department of the Treasury Asset Manager Selection Criteria
Global Financial Crisis Alert, October 7, 2008
Gary Wingens, Jonathan Wishnia

· For One Law Firm, Uncertain Times Prompt Growth
NJBiz, September 29, 2008
Gary Wingens

Press Mentions

· Gary Wingens, Kathi Rawnsley and Ed Zimmerman discuss the strategic growth of Lowenstein Sandler's Palo Alto office., Daily Journal, June 16, 2011

· In a feature interview, Gary Wingens discusses the strategic expansion of Lowenstein Sandler's Real Estate practice and the future of the firm in the rapidly changing and challenging business climate., NJBiz, September 29, 2008

· Gary Wingens comments on the firm's recently expanded Real Estate practice., The AmLaw Daily, September 26, 2008

· Gary Wingens comments on M&A, private equity and litigation activity during the down economy., NJBiz, August 25, 2008

· Gary Wingens discusses the performance and success of Lowenstein Sandler and his leadership as the firm's new Managing Director., Star Ledger, July 22, 2008

· Gary Wingens comments on the geographic expansion of Lowenstein Sandler, noting that "the increasingly competitive legal environment demands expansion outside of a single geographic area.", New Jersey Business, April 2008

· Gary Wingens' recent appointment as Managing Director of Lowenstein Sandler is mentioned., The Bergen Record, February 26, 2008

· Gary Wingens and Michael Rodburg comment on the success and future of the firm in an article about Wingens' recent appointment to the position of managing director., NJBiz, February 14, 2008

· Gary Wingens is profiled in an article about his recent appointment as Managing Director of Lowenstein Sandler., NJBiz, February 14, 2008

Affiliations

· President (2004-2006), Board of Trustees, Solomon Schechter Day School of Essex and Union

· Board of Trustees, Healthcare Foundation of New Jersey

· Council of Trustees, New Jersey Performing Arts Center

· Member, Mortgage Bankers Association of America

· Board of Trustees, United Jewish Communities, MetroWest, New Jersey

(Also at New York, N.Y. Office). Practice Areas: Capital Markets Litigation; Corporate; Mergers & Acquisitions; Mortgage Banking & Finance; Real Estate.Email: Gary M. Wingens

Jonathan C. Wishnia (Member) born 1977; admitted to bar, 2002, New Jersey; 2003, New York; 2003, U.S. District Court, District of New Jersey. Education: University of Wisconsin-Madison (B.B.A., 1999) Initiate, Iron Cross Honor Society; New York University School of Law (J.D., 2002) Executive Board Member, Journal of International Law & Politics.

Jonathan C. Wishnia is a Member of the firm's Corporate Department and its Mortgage Banking and Finance Practice Group. Mr. Wishnia is a capital markets attorney who advises on mortgage and structured finance matters, including the trading and financing of whole loans and servicing rights, the servicing of mortgage loans and the securitization of various asset classes. Mr. Wishnia also works in coordination with the Capital Markets Litigation Group, providing forensic analysis services in connection with litigation and restructuring matters relating to mortgage- and asset-backed securities, collateralized debt obligations, asset-backed commercial paper conduits, structured investment vehicles and derivatives. In addition, Mr. Wishnia counsels clients on secured and unsecured credit facilities, asset purchases and sales, mergers and acquisitions and other general corporate and finance matters. Mr. Wishnia speaks at securitization industry conferences domestically and in Europe, and regularly appears in the media on topics impacting the global securitization markets.

Some of Mr. Wishnia's recent representative corporate matters include:

· Counseling financial institutions, master servicers and servicers in connection with existing securitization and whole loan rights and obligations, as well as the acquisition or disposition of mortgage servicing rights and servicing portfolios.

· Counseling mortgage loan servicers in connection with the negotiation and execution of servicing advance facilities.

· Counseling an investment management company in connection with the proposed acquisition of interests in student loan-collateralized securities.

· Counseling an investment management company in connection with the renewal of a principal-protected notes platform.

· Counseling investment management companies in connection with the potential acquisition of assets from the FDIC, including pursuant to the Legacy Loans program.

· Counseling an advisory group in connection with a variety of mortgage-related consulting engagements.

Some of Mr. Wishnia's cross-disciplinary counsel has recently included the representation of:

· A European bank in connection with the dismissal of a $1.875 billion claim brought in New York by financial guarantor FGIC relating to loss protection on an asset-backed commercial paper conduit involving a complex array of puts, credit default swaps, commitment agreements and underlying CDO assets.

· A European bank in connection with the defense of claims made by bondholders of a previously liquidated Irish structured investment vehicle.

· An investment management company with more than $9 billion of assets under management in connection with its claims as a CDO noteholder in an ongoing litigation alleging improper use of derivative transactions.

· An insolvent mortgage loan originator and servicer in connection with the disposition of assets pursuant to Chapter 11 of the Bankruptcy Code.

· A distressed consumer receivables portfolio company in connection with the restructuring of its asset-based lending facility and a securitization vehicle.

Mr. Wishnia's representative clients include investment managers and management companies, fund organizations and portfolio companies, investment and commercial banks, consulting firms, financial institutions, broker/dealers, mortgage servicers and originators and nonprofit foundations. Prior to joining Lowenstein Sandler, Mr. Wishnia served as an associate in the Structured Finance Group at Stroock & Stroock & Lavan LLP in New York. He was a member of the Group in 2005 when it was selected "Law Firm of the Year" by Securitization News.

Recent Speaking Engagements:

· "Outlook for M&A Activity in the CLO Sector in 2012," IMN CLO and Leveraged Loan Conference, New York, New York, March 26, 2012

· "Recent Trends in Mortgage Backed Securities Litigation," City Bar Center for CLE, New York, New York, March 1, 2012

· "Distressed Debt Investment Strategies," ASF 2012, Las Vegas, Nevada, January 24, 2012

· "Role of the Trustee and Servicer in Deals Gone Sour," ABS East 2011, Miami, Florida, October 16, 2011

· "Residential Mortgage Litigation & Regulation in the Capital Markets: A Look at the Latest Investor Claims & Emerging Regulatory Initiatives," 7th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Dallas, TX, U.S., September 20, 2011

· "Impact of Leveraged Loan Performance on the CLO Markets," Global ABS 2011, Brussels, Belgium, June 15, 2011

· "RMBS Litigation and Regulatory Enforcement: Defending Against Emerging Investor and Shareholder Claims and Ensuring Compliance with a Changing Regulatory Scheme," 6th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Washington, D.C., U.S., April 8, 2011

· "Litigation Update," ASF 2011, Orlando Florida, U.S., February 2011

· "RMBS Transaction Analysis for Enforcement Purposes," Continuing Legal Education, New York, New York, U.S., December 17, 2010

· "Current Issues in the Secondary Mortgage Market," RSM McGladrey Risk and Compliance Breakfast, New York, New York, U.S., December 17, 2010

· "Distressed Debt Investing: Whole Loan and Structured Products Trades," Lowenstein University (CL-110), New York, New York, U.S. and Roseland, New Jersey, U.S., June - December, 2010

· "The Future of the Structured Credit Products Market," ABS East 2010, Miami, Florida, U.S., October 2010

· "The Future of RMBS Servicing," ASF 2010, Washington, D.C., U.S., February 2010

· "CDO Market Post-Mortem and Outlook," ABS East 2009, Miami, Florida, U.S., October 2009

· "Effectively Managing Increased Litigation and Enforcement," Global ABS 2009, London, England, June 2009

· "State Mortgage Finance and Foreclosure Avoidance Legislation," ASF 2009, Las Vegas, Nevada, U.S., February 2009

· "Regulation AB: Why Am I Still Confused?," Lowenstein University (CL-110), New York, New York, U.S. and Roseland, New Jersey, U.S., 2007 - 2009

Publications

· RMBS Putback Litigation 2012: Actions By or Against the Trustees?
Total Securitization, October 17, 2011
Jonathan Wishnia, Scott Walker

· Capital Markets Litigation Client Alert: Court Order Permits Discovery Regarding BofA $8.5 Billion RMBS Settlement
Capital Markets Litigation Client Alert, August 2011
Zachary Rosenbaum, Donald Corbett, Jonathan Wishnia, Scott Walker

· Capital Markets Litigation Client Alert: BofA Settlement Information
Capital Markets Litigation Client Alert, July 1, 2011
Zachary Rosenbaum, Donald Corbett, Jonathan Wishnia, Scott Walker

· Risk Retention for Securitization Transactions under Dodd-Frank
Structured Finance Client Alert, June 15, 2011
Jonathan Wishnia, Joanna Miller-Suna, Ryan Melcher

· Investment in Collateralized Loan Obligations under EU Directive Article 122a
Structured Finance Client Alert, March 21, 2011
Jonathan Wishnia, Joanna Miller-Suna, Ryan Melcher, Laura Michalak

· Dodd-Frank and Asset-Backed Securities: Implementation of Section 945 (Due Diligence)
Metropolitan Corporate Counsel, March 2011
Jonathan Wishnia, Ryan Melcher, Beth Williams

· Dodd-Frank And Asset-Backed Securities: Implementation Of Section 943 (Rep, Warranty And Repurchase Disclosure)
Metropolitan Corporate Counsel, March 2011
Jonathan Wishnia, Ryan Melcher

· Residential Mortgage-Backed Securities Litigation: 2010 Survey
Capital Markets Litigation Alert, February 2011
Jonathan Wishnia, Scott Walker, Elliott Stein, Kelly Lloyd, Megan Hiorth

· Dodd-Frank and Asset-Backed Securities: Implementation of Section 945 (Due Diligence)
Mortgage Banking and Finance Alert, January 28, 2011
Jonathan Wishnia, Ryan Melcher, Beth Williams

· Dodd-Frank and Asset-Backed Securities: Implementation of Section 943 (Rep, Warranty and Repurchase Disclosure)
Mortgage Banking and Finance Alert, January 28, 2011
Jonathan Wishnia, Ryan Melcher

· Servicing of Residential Mortgage Loans in Securitization Transactions
New Jersey Lawyer Magazine, October 2010
Jonathan Wishnia

· Reconsidering the Future of RMBS Servicing Structures
The Journal of Structured Finance, Summer 2010
Jonathan Wishnia

· SEC's Overhaul of Asset-Backed Securities Regulations Part 1: Highlights
Mortgage Banking & Finance Client Alert, April 8, 2010
Jonathan Wishnia, Ryan Melcher

· U.S. Department of the Treasury Asset Manager Selection Criteria
Global Financial Crisis Alert, October 7, 2008
Gary Wingens, Jonathan Wishnia

· Protecting Servicing Rights in Repos
Mortgage Banking & Finance Alert, January 7, 2008
Daniel Barkin, Ryan Melcher, Jonathan Wishnia

Press Mentions

· Jonathan Wishnia comments on Goldman Sachs' emergence in monoline insurance., Securitization Intelligence, March 21, 2012

· Jonathan Wishnia comments on Bank of America-Merrill Lynch shrinking its business ties to Fannie Mae., Securitization Intelligence, February 24, 2012

· Jonathan Wishnia comments on President Obama's State of the Union address mortgage refinance proposal., Securitization Intelligence, January 26, 2012

· Jonathan Wishnia comments on the emergence and importance of tolling agreements in RMBS putback disputes., Debtwire, December 11, 2011

· Jonathan Wishnia discusses the benefits of working capital lending for small businesses., RMA Journal, November 2011

· Jonathan Wishnia comments on the key factors determining how much investors may recover from soured mortgage bonds., The Wall Street Journal, November 14, 2011

· Jonathan Wishnia discusses the impact of the groundbreaking FHFA lawsuit naming 17 securitization firms and 130 securitization bankers., Securitization Intelligence, September 8, 2011

· In a Bloomberg BusinessWeek article, Jonathan Wishnia comments on construction of mortgage loan repurchase provisions in light of the potential outcome of insurer MBIA Inc.'s litigation against Bank of America Corp., Bloomberg BusinessWeek, August 18, 2011

· Jonathan Wishnia comments on the CLO structural innovations at Global ABS 2011 in Brussels, Belgium., Total Securitization, June 15, 2011

· Jonathan Wishnia discusses upcoming private and government residential mortgage-backed litigation., Total Securitization, May 6, 2011

· Jonathan Wishnia discusses Lowenstein Sandler's representation of institutional investors in enforcing RMBS put-back claims., Total Securitization, March 4, 2011

· Lowenstein Sandler's election of Peter J. Fusco, Michael J. Reinhardt and Jonathan C. Wishnia to Members of the firm, is highlighted., NJBIZ, February 7, 2011

· Jonathan Wishnia comments on how regulatory reform will affect new securitization issuances., Structured Credit Investor, February 4, 2011

· Jonathan Wishnia's election to member of the Firm is highlighted., Structured Credit Investor, January 10, 2011

· Jonathan Wishnia comments on RMBS put-back claims in private-label and agency transfers., Total Securitization, January 4, 2011

· Jonathan Wishnia comments on the market for Re-REMICs in light of the SEC's proposed Regulation AB II., Total Securitization, November 1, 2010

· Jonathan Wishnia comments on the RMBS implications of the mortgage servicer foreclosure review process., Total Securitization, October 15, 2010

· Jonathan Wishnia comments on mortgage loan repurchase demand issues in securitization structures., Bloomberg, September 13, 2010

· Jonathan Wishnia discusses the implications of lenders and borrowers properly maintaining asset-based lending facilities, RMA Journal, September 2010

· Jonathan Wishnia comments on underwriter liability for mortgage loan representations and warranties., Bloomberg, August 18, 2010

· Jonathan Wishnia discusses the state of credit card securitizations, Is Credit Card ABS Set for a Rebound?, American Securitization, Summer/Fall 2010, Volume 4, Issue 2., American Securitization, Summer/Fall 2010

· Jonathan Wishnia comments on the changing role of master servicing in securitizations, Rethinking the Master Servicing Role in Light of Changing RMBS Needs, The Journal of Structured Finance, Summer 2010, Vol. 16, No. 2., The Journal of Structured Finance, Summer 2010

· Jonathan Wishnia comments on asset-backed securities issuers' concerns brought about by the Dodd-Frank Act., Structured Credit Investor, July 27, 2010

· Jonathan Wishnia comments on the impact of regulatory reform on asset-backed securities., Reuters China, July 22, 2010

· Jonathan Wishnia comments on how the Dodd-Frank Act, signed into law by President Obama on July 21, 2010, impacts all areas of asset-backed securities., Dow Jones Factiva, July 21, 2010

· Jonathan Wishnia discusses rating agency liability in proposed financial reform bills., The Center for Public Integrity, June 16, 2010

· Jonathan Wishnia discusses the structural implications of rating agency involvement in commercial mortgage securitization modifications and amendments., Real Estate Finance & Investment, June 10, 2010

· Jonathan Wishnia analyzes structural flaws in the breach enforcement mechanism of historical RMBS transactions in the context of the revitalization of the structured finance markets., Inside MBS and ABS, May 28, 2010

· Jonathan Wishnia comments on the potential impact to international issuers the SEC's proposed revisions to securitization regulations., Euroweek, April 8, 2010

· Jonathan Wishnia comments on the impact of proposed US securitization disclosure regimes., EuroWeek, January 2010

· Jonathan Wishnia comments on Citibank's lawsuit against Morgan Stanley for an alleged breach of a credit default swap agreement relating to the Capmark VI CDO., EuroWeek, October 2, 2009

· Jonathan Wishnia comments on Congressional hearings regarding credit rating agencies., EuroWeek, September 25, 2009

· Jonathan Wishnia discusses a landmark fraud lawsuit in the Southern District of New York against the raters and arranger of Cheyne Capital's collapsed structured investment vehicle., EuroWeek, September 3, 2009

· Jonathan Wishnia discusses the current structured finance themes in the United States and Europe to be covered on the "Effectively Managing Increased Litigation and Enforcement" panel he is moderating at Global ABS in London., Euroweek, June 3, 2009

· Jonathan Wishnia discusses the panel "Effectively Managing Increased Litigation and Enforcement," which he moderated at Global ABS 2009 in London., Total Global ABS, June 3, 2009

· Jonathan Wishnia is noted for providing U.S. law counsel to Credit Suisse First Boston, S.A. de C.V., in connection with GMAC Financiera, S.A. de C.V., Sociedad Financiera de Objecto Limitado's mortgage-backed securitization., www.lawfuel.com, March 2003

Affiliations

· President, Toastmaster's International - Lowenstein Sandler Toastmasters Club, November 2009 - present

· Member, American Securitization Forum, Outside Counsel Subforum, 2008 - present

Practice Areas: Capital Markets Litigation; Corporate; Derivatives and Structured Products; Mortgage Banking & Finance.Email: Jonathan C. Wishnia

David M. Wissert (Member) born 1969; admitted to bar, 1994, New Jersey and Pennsylvania; New York. Education: University of Pennsylvania (B.A., cum laude, with distinction in American History, 1991); University of Michigan Law School (J.D., 1994).

David M. Wissert is Chair of Lowenstein Sandler's Employment Group and Deputy General Counsel to the firm. He has more than 15 years of experience representing employers, advising clients in the life sciences, financial services, and other industries on virtually all types of decisions affecting the workplace. David has significant trial experience defending employers in harassment, discrimination and other employment-related claims and has conducted sensitive and complex internal investigations of employment complaints. He has been listed in Chambers USA: America's Leading Lawyers for Business since 2008, which praises him as "highly effective at turning tough cases around," and notes his "great ability to connect with juries." and is recognized in Super Lawyers (2012). David also counsels clients regularly on all matters affecting the workplace and assists employers in meeting their obligations under federal employment statutes and their state law counterparts.

David represented the New Jersey Defense Association as amicus in the case of Maw v. Advanced Clinical, in which the New Jersey Supreme Court agreed that terminating an employee who refuses to sign a noncompete agreement does not constitute a violation of the New Jersey Conscientious Employee Protection Act, reversing the New Jersey Appellate Division's decision.

David has lectured and written extensively in the areas of labor and employment law and he regularly provides training on employment topics to employer audiences ranging from senior officers and boards of directors to entry level employees.

Publications

· Misclassification of Workers
Employment and Labor Client Alert, March 23, 2010
David Wissert, Eric Jesse

· Ricci v. DeStefano: Disparate Impact No Excuse for Race-Conscious Corrective Measures in the Workplace
Employment and Labor Client Alert, July 1, 2009
David Wissert

· Everything Old is New Again: The Lilly Ledbetter Fair Pay Act Becomes Law
Employment and Labor Client Alert, February 2009
David Wissert, Joy Eakley

· The New FMLA Regulations: Are You Ready for January 16
Employment and Labor Client Alert, December 2008
David Wissert, Joy Eakley

· When What You Don't Know Can Hurt You: Recent New Jersey Appellate Court Decision Extends Employer Liability to Unknown, Unreported Co-Worker Harassment
Metropolitan Corporate Counsel, December 2008
David Wissert, Heather Bishop

· Important Reminder to New Jersey Employers Regarding Family Medical Leave Insurance
Employment and Labor Client Alert, November 25, 2008
David Wissert

· When What You Don't Know Can Hurt You: A Recent New Jersey Appellate Court Decision Extends Employer Liability to Unknown, Unreported Co-Worker Harassment
Employment and Labor Client Alert, November 2008
David Wissert, Heather Bishop

· ADA Amendments Act of 2008
Employment and Labor Client Alert, October 2008
David Wissert, Monica Watson

· The Dangers of Politics at the Water Cooler: Practical Considerations for Employers During Election Season
Employment and Labor Client Alert, September 2008
David Wissert, Joy Eakley

· Transgendered Individuals: A Protected Class Under New Jersey Law Against Discrimination
Employment and Labor Client Alert, September 2007
David Wissert, Amy Wiwi, Jennifer Fiorica

· Federal Minimum Wage Increase Impacts Employers in Many States
The Metropolitan Corporate Counsel, September 2007
David Wissert, Amy Wiwi

· Federal Minimum Wage Raised to $5.85 Effective July 24, 2007
Employment and Labor Client Alert, July 2007
David Wissert, Amy Wiwi

· Employers Beware: A Recent United States Supreme Court Decision Makes It More Difficult To Defend Against Retaliation Claims
Employment and Labor Client Alert, August 2006
David Wissert

· Independent Contractors Now Protected By New Jersey's Whistleblower Law
The Metropolitan Corporate Counsel, July 2006
David Wissert, Amy Wiwi

· Independent Contractors Now Protected by New Jersey's Whistleblower Law
Employment and Labor Client Alert, April 2006
David Wissert, Amy Wiwi

· The Computer Fraud and Abuse Act- Employers May File Unfair Competition Claims in Federal Court
New Jersey Defense Quarterly, Volume 22, Issue #3, March 2006
David Wissert

· Employer's Even-Handed Adherence to Gender-Neutral Medical Leave Policy did not Violate the New Jersey Law Against Discrimination ("LAD")
Employment Law Alert, November 2005
David Wissert

· NJ Supreme Court Backs Termination For Refusal to Sign a Noncompete Agreement
New Jersey Veterinarian, June 2004
David Wissert, Julie Werner

· Sarbanes-Oxley...The First Whistle has Been Blown
Metropolitan Corporate Counsel, May 2004
David Wissert, Julie Werner

· Termination of Employment for Refusal to Sign a Noncompete Does Not Violate Whistleblower Statute
Employment Law Alert, May 2004
David Wissert, Julie Werner

· Employers May Favor Older Employees In Benefit Plans
Employment Law Alert, April 2004
David Wissert, Julie Werner, Michele Contreras Sadati, Esq.

· The Law of Noncompetes Is Constantly Evolving
New Jersey Law Journal, March 29, 2004
David Wissert, Julie Werner

· Sarbanes-Oxley Strikes... The First Whistle Has Been Blown
Employment Law Alert, March 2004
David Wissert, Julie Werner

· Are Physician Post-Employment Noncompete Agreements Enforceable?
The Metropolitan Corporate Counsel, March 2004
Zulima Farber, David Wissert, Denise Walsh, Esq.

· Changes to Commission Calculations is Risky Business
Employment Law Alert, January 2004
David Wissert, Julie Werner

· To Rehire or Not to Rehire: Sound Policies are the Answer
Employment Law Alert, January 2004
David Wissert, Julie Werner

· Employer's Judgment Prevails in Satisfaction Contract: Lowenstein Sandler Wins Before the New Jersey Supreme Court
New Jersey Law Journal, March 24, 2003
David Wissert

· How Do You Define 'Sex' In the Same-Sex Harassment Context?
New Jersey Law Journal, March 24, 2003
David Wissert

· Age Discrimination May Be Next Frontier For Employers
The National Law Journal, April 29, 2002
David Wissert, John D. Coyle, Esq.

· Caught Between a Rock and a Hard Place
New Jersey Law Journal, December 17, 2001
Zulima Farber, David Wissert

· The Scope of Enforceable Restrictive Covenants in the High Tech Age
Commerce Magazine, February 2001
David Wissert

· An Employer's Obligations Under Megan's Law
Employment Law Alert, December 2000
David Wissert

· Third Circuit Takes Hard Line on Waiver of Attorneys' Fees When Settling Civil Rights Claims
Employment Law Alert, October 1999
David Wissert

· Resolving Individual Liability Under LAD
New Jersey Lawyer the Magazine, November 1998
David Wissert

Press Mentions

· In an NJBIZ article, David Wissert comments on law firms' social media policies., NJBIZ, February 27, 2012

· David Wissert comments on the impact layoffs are having on employment law cases in New Jersey., NJBiz, January 25, 2010

Affiliations

· American Bar Association
- Member, Litigation and Labor & Employment Law Sections

· Defense Research Institute
- Member, Employment Law Committee

· New Jersey Defense Association
- Member, Employment Law Committee

· Community Hope, Inc.
- Board Member

· Essex County Court Appointed Special Advocates
- Member, Board of Trustees

Practice Areas: Commercial & Business Litigation; Employment; Life Sciences; Litigation; Privacy Law.Email: David M. Wissert

Alan Wovsaniker (Member) born 1953; admitted to bar, 1977, New Jersey. Education: Brown University (A.B., magna cum laude, 1974) Phi Beta Kappa; Harvard Law School (J.D., magna cum laude, 1977).

Alan Wovsaniker has more than 30 years of experience in a wide range of matters involving mergers & acquisitions, securities regulation, corporate finance, financial restructurings in and out of bankruptcy and business divorce. Mr. Wovsaniker has been featured in Chambers USA: America's Leading Lawyers for Business since the inception of the guide in 2003. He is also listed among The Best Lawyers in America in three categories: corporate, mergers & acquisitions and securities law, and has been featured in Super Lawyers since 2005.

Mr. Wovsaniker counsels clients in the following areas:

· Mergers & Acquisitions
- Planning and negotiating mergers, acquisitions and dispositions, as well as debt and equity financings to support acquisitions
- Initial funding and structuring of business organizations
- Structuring employment relationships and equity-based compensation plans

· Securities law, representing issuers and underwriters
- Public securities offerings
- Private investments in public equity (PIPEs)
- Venture capital and other private securities offerings
- Periodic reporting requirements

· Bankruptcy
- Restructurings and workouts of troubled companies

Mr. Wovsaniker is co-author of the definitive book on New Jersey corporate law and practice, New Jersey Corporations and Other Business Entities.

Some examples of Mr. Wovsaniker's work include:

· Representing longtime client LifeCell Corporation in its 2008 sale to Kinetic Concepts, Inc. through an all cash tender offer for an aggregate purchase price of $1.8 billion.

· Serving as outside general counsel for Consolidated Delivery & Logistics since the company's initial public offering in 1995 through its sale to Velocity Express Corporation in 2006. The combined company's revenues were approximately $450 million.

· Representing Velocity Express Corporation in the 2009 restructuring of the company's $100 million mezzanine debt facility through a sale to its lender in a pre-packaged bankruptcy proceeding.

· Serving as general outside counsel to NeoStem, including its public and private securities offerings and its listing on the American Stock Exchange. Mr. Wovsaniker has also advised NeoStem on its acquisition of a Chinese pharmaceutical company.

· Representing MediCor, a global healthcare company, in its sale out of Chapter 11 bankruptcy of its French and UK subsidiaries and certain U.S. assets for an aggregate purchase price of $50 million.

· Representing Summit Global Logistics, a leading global third-party logistics company, in its sale, for more than $55 million, out of Chapter 11 bankruptcy.

· Representing Cerberus Capital Management in its $1.1. billion acquisition out of bankruptcy of Tower Automotive in 2007.

· Representing the Newark Group in its $175 million offering of senior subordinated notes in 2004.

· Serving as general securities counsel for Asta Funding, having advised the company in a public offering and various financings.

· Representing placement agents in PIPEs deals and other private financings.

· Consolidating seven private companies into Vestcom International, Inc. and consummating Vestcom's IPO.

Recent Speaking Engagements

· "How to Go Public in the US: Preparations and Post-Listing Management," International PIPEs Conference 2010, Alan Wovsaniker, Esq., May 25, 2010

· "28th Annual Institute on Proxy Statements, Annual Meetings & Critical Corporate Disclosures and Governance Practices," West Legalworks, Alan Wovsaniker, Esq., December 12, 2006

· "New Jersey Organization and Sale of Small Businesses," New Jersey Institute for Continuing Legal Education, Skills and Methods Course, Robert D. Frawley, Esq., Alan Wovsaniker, Esq., Marie T. DeFalco, Esq., and Brian A. Silikovitz, Esq. March 29, 2005

Publications

· New SEC Proposals Would Greatly Streamline Capital Formation For Smaller Public Companies
The Metropolitan Corporate Counsel, July 2007
Alan Wovsaniker, Steven Siesser, John Hogoboom

· The Year Of The Compensation Committee?
The Metropolitan Corporate Counsel, May 2005
Alan Wovsaniker

· SOX And Related Reforms: Where Are We?
The Metropolitan Corporate Counsel, January 2005
Peter Ehrenberg, Alan Wovsaniker, Shari A. Ness, Esq.

· A New Year's Resolution for Corporate Governance Reform
The Metropolitan Corporate Counsel, January 2004
Alan Wovsaniker, Anthony Pergola

· Updated Sarbanes-Oxley Act Chart; Updated NASDAQ Requirements
Corporate Finance Alert, September 23, 2003
Peter Ehrenberg, Alan Wovsaniker, Steven Skolnick, Shari A. Ness, Esq.

· Going Private: Sarbanes-Oxley May Drive Small, Public Companies Out of the Public Markets
Commerce Magazine, April 2003
Alan Wovsaniker, Mikeisha T. Anderson, Esq.

· Update on the Sarbanes-Oxley Act: SEC Adopts Final Rules Relating to Corporate Codes of Ethics, Audit Committee Financial Experts and New Form 8-K Disclosure
Corporate Finance Alert, January 29, 2003
Alan Wovsaniker, Steven Skolnick, Mathew Hoffman, Lisa C. Fodor, Esq.

· Ten Ways to Succeed and Prosper When Selling Your Business
Commerce Magazine, September 2002
Alan Wovsaniker

· Stock Option Plans for Private Companies
CLOSELYheld, July 2002
Alan Wovsaniker

· 10 Mistakes to Avoid in Selling Your Business
CLOSELYheld, February 1999
Alan Wovsaniker, Steven Fuerst

Press Mentions

· Alan Wovsaniker discusses deal challenges and rival bidders to JP Morgan's purchase of Bear Stearns., Reuters, March 19, 2008

· Alan Wovsaniker comments on the quick litigation filed against NRG Energy by Mirant Corp. after Mirant's bid for NRG., Reuters, May 31, 2006

Affiliations

· Adjunct Faculty, Rutgers University Law School (1989-1995)

· Adjunct Faculty, Seton Hall University Law School (1988-1991)

· District V-C Ethics Committee, Supreme Court (1994-1998)
- Chair (1997-1998)

· Essex County Bar Association
- Trustee (1996-1999)
- Chair, Corporate Law Committee (1999-2003)
- Chair, Banking Law Committee (1994-1997)

· New Jersey State Bar Association

· American Bar Association

Practice Areas: Business Divorce; Corporate; Corporate Finance & Securities; Life Sciences; Mergers & Acquisitions; PIPEs, SPACs & Registered Direct Offerings; Private Equity & Mezzanine Financing.Email: Alan Wovsaniker

Ed Zimmerman (Chair, Tech Group) born 1968; admitted to bar, 1992, New Jersey; 2008, New York. Education: Haverford College (B.A., 1989) Phi Beta Kappa, John P. Garrett Prize; University of Pennsylvania School of Law (J.D., 1992) Comment Editor, Journal of International Business Law.

Ed is a venture lawyer. He represents start-ups and growth companies in raising money, selling the company or cashing out the founders, and depending on market conditions, public offerings. He puts his money where his mouth is (he's angel invested in more than 30 companies and invested as an LP in several venture funds). One of his VC clients called the companies Ed likes to help "tinkertoy internet companies" (as opposed to heavy core tech and drug discovery companies) and that suits Ed fine. Adtech, e-commerce, social media, fin tech, digital media, SaaS, cloud/virtualization, and enterprise software are, apparently, all tinkertoys.

Growing up, Ed never got invited to the cool parties, so now he throws his own parties...which means founding a bunch of stuff including: www.FirstGrowthVN.com (an accelerator for start-ups which doesn't charge or take equity), the Tech Group at Lowenstein Sandler, www.AngelVineVC.com (which, to be honest, struggled with its identity but now has found product market fit and kicks serious butt), www.HoopAPaluza.org (a charity for kids that Ed & his wife co-founded, which has given away a ton of cash and which enables parents to team up with their own kids to do hands-on charity work), and www.GrapeArborVC.com (through which he makes his angel investments - some on the positive and others on the negative side of his personal balance sheet). He teaches VC & Angel Investing to MBA candidates at Columbia Business School (his son thinks that's cool because Lou Gehrig went to Columbia; they don't really dwell on Lou's dropping out) and has lectured at Harvard Business School, Wharton, and Paris-based Sciences Po. (Ed is obsessed with Paris. His friends call him pretentious. He's been called worse.)

Despite looks which left him date-less in high school (his personality probably didn't help), Ed actually appears on TV from time to time. Here are some links to Ed pontificating on air (appearances to the contrary, he does own more than this one lucky blue shirt): http://bloom.bg/yBovdN and http://wapo.st/IyjAL0.

Ed has been named to a bunch of lists which have almost impressed his mom (she's never forgiven him for not applying to med school). Chambers USA: America's Leading Lawyers for Business gave Ed the highest ranking in Corporate & in M&A, noting:

"One of the best venture capital lawyers in the country - period," is how clients describe Edward Zimmerman; with a practice covering the East and the West Coast, Zimmerman enjoys a superb reputation across America, and has also worked on deals abroad. "A great businessperson's lawyer..." "He knows how to get deals done in a way that best serves the interests of his clients while at the same time fostering good working relationships with the other side." (2007 edition)

Anyone who has spent any time with Ed knows that he really likes to talk about and drink wine -- so much so that Ed was the host of Radio Uncorked, a wine radio show produced by Infinity Broadcasting and aired on KYOU Radio. In June 2007 at the Chateau du Clos de Vougeot in France, Ed was inducted as a Chevalier in the Confrerie des Chevaliers du Tastevin, where he is a member of (but can't necessarily pronounce) the Chapitre de la Vigne en Fleur. Ed has worked harvest (briefly) in California and France and been involved in (didn't screw up) the vinification of a wine granted a perfect 100 point score by Robert Parker. These adventures, and Ed's unhealthy obsession with wine, are the subject of the opening pages of In Search of Bacchus (by James Beard Award Foundation Finalist George Taber).

Ed serves on the National Venture Capital Association's Model Documents Project, where, every spring, he is part of a select team of VC lawyers revising the industry standard VC deal documents and drinking bad coffee in dark conference rooms. Despite having been fired for cause from numerous jobs before working as a Lowenstein Summer Associate in 1991, Ed has maintained this job for a really long time. He is, however, totally open to offers, particularly if they involve making wine in Burgundy or being the front man for the Replacements or the Jam.

Since 1994 Ed has been pro bono counsel to, and (for a while) a board member of, the Bill T. Jones/Arnie Zane Dance Company. Ed graduated from Haverford College (Phi Beta Kappa 1989) and U Penn Law (1992). He speaks one language, doesn't golf but, at least for now, can still crush his adolescent children in basketball. (Ed's favorite punctuation mark is the parenthesis).

Publications

· Targeting Real-Time Targeting: Privacy Groups File Overreaching Suit with the FTC Against Real-Time Behavioral Advertising
AdExchanger.com, April 16, 2010
Ed Zimmerman, Mark Kesslen, Matthew Savare

· 40 under 40 - Edward M. Zimmerman
Investment Dealer's Digest, December 10, 2007
Ed Zimmerman

· Securing Venture Capital Requires Preparation
NJBIZ Finance & Growth Guide 2007, August 2007
Ed Zimmerman

· N.J. Gets Boost in Venture Capital
New Jersey Law Journal, August 7, 2006
Ed Zimmerman

· Wherever Ed Zimmerman Strikes A Spark, Great Things Are Sure To Follow
New Jersey Super Lawyers - Rising Stars Edition, August 2006
Ed Zimmerman

· Golden Parachute Tax Rules In A Venture Capital Context: Early Stage Structures Can Create Tax Hits Upon Exit
Mealey's Litigation Report, July 2006
Ed Zimmerman, Brian Silikovitz, Jason Mendelson, Esq. (Foundry Group)

· Finders, weepers: GP's should keep unregistered broker dealers away from deals
Private Equity Real Manager, May 2006
Ed Zimmerman, Steven Hecht, Scott Ring, Esq. (Bessemer Venture Partners)

· A Pick Up in Angel and VC Investments
NJBiz, February 28, 2005
Ed Zimmerman, Joe Allegra (Edison Venture Fund)

· Angel Financing: What Entrepreneurs Need to Know
NJBiz (Business News New Jersey), September 20, 2004
Ed Zimmerman, Anthony Pergola, Anthony S. Marino (Venrock Associates)

· Are Finders Also Broker-Dealers?
The National Law Journal, March 8, 2004
Steven Hecht, Ed Zimmerman, Jason I. Diener, Esq. (LS-Alumni)

· Shareholder Disputes and Corporate Divorce
New Jersey CPA, March/April 2004
Elaine Hughes, Ed Zimmerman

· Five Ways to Ruin your 'B Round' while doing your 'A Round'
New Jersey TechNews, November 2003
Ed Zimmerman, Scott Perricelli (LLR Partners Inc.)

· The Trouble with Patent 'Shop Rights'
New York Law Journal, April 23, 2001
Ed Zimmerman, Glen E. Books, Esq. (LS-Alumni)

· Bridge Financing Can Be a Salvation or an Albatross
The National Law Journal, March 5, 2001
Ed Zimmerman, Rhonda Carniol, Esq. (LS-Alumni)

Press Mentions

· Ed Zimmerman, Chair of Lowenstein's Tech Group & active angel investor quoted by Reuters on Facebook's mergers and acquisitions strategy and the Facebook/Instagram deal., Reuters, April 11, 2012

· Gary Wingens, Kathi Rawnsley and Ed Zimmerman discuss the strategic growth of Lowenstein Sandler's Palo Alto office., Daily Journal, June 16, 2011

· Lowenstein's Tech Group Chair, Ed Zimmerman, is profiled in Legal Bisnow for his work with venture funds and rapidly growing startup companies in NYC and Silicon Valley., LegalBisnow, February 15, 2011

· In a San Francisco Chronicle article, First Growth Venture Network, founded by Ed Zimmerman, Kathi Rawnsley and Raymond P. Thek, is highlighted for giving the New York venture capital community access to talent, fellow entrepreneurs, venture capitalists and angel investors., San Francisco Chronicle, Business Insider, July 7, 2010

· Ed Zimmerman advises entrepreneurs on venture capital., The New York Times

· Ed Zimmerman discusses the year-to-date boost in venture capital activity and the sectors that are driving recent activity., New Jersey Law Journal, August 7, 2006

· Profile of Ed Zimmerman and his role in the venture community, the charity he founded and what it's like to work with him., New Jersey Super Lawyers, August 2006

· Ed Zimmerman discusses investment bank involvement surrounding 2005's largest private equity transactions Alternative Universe., Alternative Universe, January 2, 2006

· Ed Zimmerman comments on the standardization of legal documents in the venture capital community for PrivateEquityCentral.Net., PrivateEquityCentral.Net, December 9, 2005

Affiliations

AngelVineVC -- Founder & Co-Chair

National Venture Capital Association Model Legal Documents for Venture Capital, Chair, Investor Rights Committee

Columbia Business School, Adjunct Faculty - Venture Capital

Hoop-A-Paluza, Inc., Founder and Chairman of Board of Trustees Click here to view the article in The Star-Ledger about the charity Ed Zimmerman founded.

Rutgers University, Equity Portfolio Committee (only non-Rutgers employee on the committee) New Jersey Technology Council -- Board Member & Chair, Governmental Affairs Committee

Saint Barnabas Medical Center Foundation, Board Member

Rutgers Venture Advisory Council, Founder & Co-Chair

Rutgers University School of Law - Newark, Adjunct Professor of Venture Capital (1994-2004)

Bill T. Jones/Arnie Zane Dance Company, Board Member (1997 - 2003), currently Advisory Board

Millburn Coop Nursery School, Chairman of Board of Trustees (2003 - 2004)

(Also at New York, N.Y. Office). Practice Areas: Corporate; Corporate Finance & Securities; Mergers & Acquisitions; Tech Transfer; The Tech Group; Venture Capital, Angel Investing, and M&A.Email: Ed Zimmerman

Kenneth H. Zimmerman (Member) admitted to bar, 1989, California; 1990, District of Columbia and U.S. Trust Territories; 2002, New Jersey; 1996, U.S. Supreme Court. Education: Yale University (B.A., magna cum laude, 1982); Harvard Law School (J.D., magna cum laude, 1988).

Kenneth H. Zimmerman is a Member of the Lowenstein Sandler Litigation Group and Chair of the Lowenstein Center for the Public Interest. A noted civil rights attorney, Mr. Zimmerman's practice focuses on the strategic direction and implementation of the firm's pro bono and public advocacy initiatives. He recently served as a member of the Presidential Transition Team preparing the new Administration's activities related to the Department of Housing and Urban Development, and served a four-month stint as a Senior Advisor to Secretary Donovan following the inauguration. He also has an appointment as a Senior Non-Resident Fellow at the Brookings Institute's Metropolitan Policy Program and serves as Advisor to Harvard Law School's new Public Service Venture Fund, which provides seed money for start-up non-profit ventures and salary support to graduating law students pursuing post-graduate work at nonprofits or government agencies.

Prior to joining Lowenstein Sandler, Mr. Zimmerman served as Chief Counsel to New Jersey Governor Jon S. Corzine (2006-2008), where he and his staff were responsible for legislative matters, judicial and prosecutorial appointments, and the oversight of the state's many independent commissions and authorities. During his tenure, the state undertook initiatives to reduce and reform property taxes, upgrade ethics requirements, combat crime, and reform the state's school funding system. Mr. Zimmerman was the founding Executive Director of the New Jersey Institute for Social Justice, a Newark-based urban advocacy and research organization. Under his leadership (1999-2006), the Institute initiated a model program to assist urban high school graduates enter the building trades, which resulted in a multi-million dollar commitment from the state to replicate the program; co-authored reports on predatory lending and driver's license suspension that led to legislative changes in New Jersey; litigated affordable housing and fair lending cases; and spearheaded nationally recognized efforts to reform the state's corrections and parole systems.

Mr. Zimmerman also served as the Deputy Assistant Secretary for Enforcement and Programs in the Office of Fair Housing in the U.S. Department of Housing and Urban Development in Washington, D.C.; he was the third-ranking official in HUD's 600-person civil rights office and directed HUD's enforcement efforts under the Fair Housing Act and other civil rights laws. Earlier in his career, he worked at the U.S. Department of Justice as a senior trial attorney and trial attorney for the Civil Rights Division (Housing and Civil Enforcement Section), where he litigated affirmative civil rights cases nationwide that challenged discrimination in housing, lending and public accommodations.

Mr. Zimmerman has held various teaching and fellowship positions including Wasserstein Public Interest Fellow, Harvard Law School; Adjunct Professor, American University Washington College of Law; Instructor, United States Attorney General's Advocacy Institute, and Ferguson Human Rights and Development Fellow in India. He also taught at Sherut La'am in Israel and at the Upward Bound Program in New Haven, Connecticut.

Publications

· Advancing Pro Bono To The Next Level
Metropolitan Corporate Counsel, August 2009
Kenneth Zimmerman

· Legal Expertise for a Positive Impact (interview with Gary Wingens and Kenneth Zimmerman)
Enterprise, May 2009
Gary Wingens, Kenneth Zimmerman

· Lowenstein Sandler Forms New Group to Focus and Enhance Pro Bono Work
New Jersey Law Journal, November 3, 2008
Kenneth Zimmerman

· A Major Step Forward For A Leading Pro Bono Program
Metropolitan Corporate Counsel, August 2008
Kenneth Zimmerman

· Exclusionary Zoning: Constitutional and Federal Statutory Responses
Legal Guide to Affordable Housing Development, American Bar Association, 2005
Kenneth Zimmerman

· Low-Income Housing Tax Credit Program & Civil Rights Law: Updating the Fight for Residential Integration
New Jersey Public Policy Research Institute, 2004
Kenneth Zimmerman

· Predatory Lending in New Jersey: The Rising Threat to Low-Income Homeowners
New Jersey Institute for Social Justice, 2002
Kenneth Zimmerman

· Roadblock on the Way to Work: Driver's License Suspension in New Jersey
New Jersey Institute for Social Justice, 2001
Kenneth Zimmerman

Press Mentions

· Kenneth Zimmerman comments on Lowenstein Sandler's commitment to pro bono work and receipt of the New Jersey State Bar Association's 2010-2011 Pro Bono Award., Metropolitan Corporate Counsel, July 2011

· James Stewart comments on how including a photo of a phone booth-sized cage used to hold mentally ill inmates in California with the amicus brief he prepared with Kenneth Zimmerman, Catherine Weiss and Michael Long, helped influence the U.S. Supreme Court's decision in Brown v. Plata. The decision requires California prisons to eliminate unconstitutional conditions by reducing critical and dangerous overcrowding., New Jersey Law Journal, May 27, 2011

· Kenneth Zimmerman and Catherine Weiss comment on the rule changes concerning amici filings. The new rules will tighten deadlines, make citing unpublished cases easier and give trial judges a greater voice in deciding whether interlocutory appeals should be allowed., New Jersey Law Journal, August 2, 2010

· Kenneth Zimmerman is highlighted for being named Advisor to Harvard Law School's new Public Service Venture Fund. The fund will offer "seed money" for start-up non-profit ventures and salary support to graduating law students who hope to pursue post-graduate work at nonprofits or government agencies., Metropolitan Corporate Counsel, March 2, 2010

· Kenneth Zimmerman discusses a New Jersey project that provides assistance to former inmates and parolees who are returning home., USA Today, December 14, 2007

· Kenneth Zimmerman is profiled as an "Urban Social Justice Advocate" in the "Protecting Civil Liberties, Civil Rights and the Environment" chapter of the book Beyond the Big Firm: Profiles of Lawyers Who Want Something More, by Alan B. Morrison and Diane T. Chin., April 10, 2007

· Kenneth Zimmerman discusses a study he co-authored that illuminates the increasing problem of new home owners who are financially unable make much-needed home repairs., The Star Ledger, August 8, 2006

· Kenneth Zimmerman comments on the importance crime reduction plays in the revitalization of cities and communities., New York Times, May 21, 2006

· Kenneth Zimmerman discusses the success of the License Restoration Project, a pilot program run by the Essex County court system that helps drivers who've lost their license due to inability to pay fines restore their driving privileges., The Star Ledger, April 16, 2006

Clerkships

· U.S. District Court, Northern District of California, Chief Judge Robert F. Peckham, U.S.D.J.

Affiliations

· Harvard Law School Public Service Venture Fund, Board Member

· La Casa de Don Pedro, Board Member

· New Jersey Charter School Association, Board Member

· New Jersy Community Capital, Chair of the Board

· Volunteer Lawyers for Justice, Board Member

Practice Areas: Appellate; Litigation.Email: Kenneth H. Zimmerman

SENIOR COUNSEL

Jeri L. Abrams (Senior Counsel) born 1965; admitted to bar, 1990, Illinois; 1991, New Jersey. Education: George Washington University (B.B.A., summa cum laude, 1987); Northwestern University School of Law (J.D., cum laude, 1990).

Jeri L. Abrams is Senior Counsel in the firm's Corporate Department and is a member of the firm's Employment Practice Group. Ms Abrams' practice focuses primarily on employment law, with an emphasis on drafting and negotiating complex employment-related documentation such as executive employment agreements, consulting agreements, restrictive covenant agreements, and separation and release agreements. She works closely with management, in-house counsel, and human resources personnel in the development and implementation of employment policies and handbooks that comply with applicable law and are consistent with the employer's unique practices and organizational culture. Ms. Abrams also counsels employers on various aspects of the employer/employee relationship, including hiring, disciplining and terminating employees, family and medical leaves, disability leaves and accommodations, compliance with anti-discrimination and anti-retaliation laws, and reductions in workforce. AARP

Publications

· Offer Letters and Employment Agreements: Questions & Answers
Commerce Magazine, October 2003
Jeri L. Abrams

Practice Areas: Corporate; Employment.Email: Jeri L. Abrams

Vanessa A. Ignacio (Senior Counsel) admitted to bar, 2000, New Jersey; 2001, New York; 2000, U.S. District Court, District of New Jersey. Education: Rutgers, The State University of New Jersey (B.A., with highest honors, 1995); Benjamin N. Cardozo School of Law (J.D., cum laude, 2000) Notes and Annotations Editor, Cardozo Online Journal of Dispute Resolution.

Vanessa A. Ignacio chairs the firm's Trademark Prosecution and Enforcement Practice Group and has a broad range of experience in the areas of intellectual property and technology law. She represents clients in all facets of trademark law, from clearance and availability searches to application prosecution and brand enforcement. Ms. Ignacio advises clients on intellectual property transactional issues in the context of trademark portfolio audits, due diligence matters, as well as drafting and negotiating licensing, assignment, consent arrangements and coexistence agreements. She manages the national and global trademark portfolios of hundreds of clients spanning industries as diverse as life sciences, pharmaceuticals, apparel and footwear, consumer products, financial services and information technology. Ms. Ignacio is also experienced in enforcing and defending intellectual property in oppositions, cancellations and appeals before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, as well as litigating and negotiating matters regarding trademark infringement, trade dress and trade secret claims.

Additionally, Ms. Ignacio handles cybersquatting and domain name disputes, copyright counseling and registration, intellectual property and technology licensing, electronic signatures and Internet privacy law issues.

In her copyright practice, Ms. Ignacio has experience handling file sharing disputes initiated by the music industry trade association, The Recording Industry Association of America. Leveraging her past industry experience, she has counseled clients and drafted a variety of entertainment law agreements, including production, distribution and music publishing contracts.

Ms. Ignacio's representative matters and experience include:

· Global trademark and copyright counsel to Merck Consumer Care, a division of Merck & Co., Inc., and owner of world famous brands such as Coppertone, Claritin and Dr. Scholl's

· Extensive management of online branding and trademark issues

· Ongoing representation of global pharmaceutical companies relating to domestic and international trademark prosecution and enforcement

· Successful prosecution of dozens of international domain name arbitration disputes, procuring infringing domain names for clients

· Advising on complex security interest issues relating to intellectual property assets held by famous celebrity photographer

· Representing global golf club manufacturer in numerous acquisition and intellectual property licensing issues

· Applying an innovative letter of protest strategy before U.S. Trademark Trial and Appeal Board to clear registry and permit a major big-box retailer to adopt and use numerous names in connection with apparel and home goods.

A member of the firm's Tech Group, the Intellectual Property Litigation Practice Group, and Media and Entertainment Practice, Ms. Ignacio is recognized as a "Rising Star" in the 2009 edition of Super Lawyers. In 2012, she was selected for inclusion in World Trademark Review's Top1000 list of leading global trademark practitioners.

In addition to her practice, Ms. Ignacio is Vice-Chair of Lowenstein Sandler's Women's Initiative, which is an integral component of the firm's Diversity Initiatives Committee. The Women's Initiative focuses strategically on issues related to the development, retention and advancement of female attorneys at the firm. Since joining the firm, Ms. Ignacio has been active in the firm's recruiting and mentoring efforts. Externally, Vanessa is active within the International Trademark Association, currently serving a two-year appointment on INTA's Internet Committee; serves on the Planning Committee for the National Association of Women Lawyers; and is a member of the New Jersey Women Lawyers Association.

Prior to joining Lowenstein Sandler, Ms. Ignacio worked in the entertainment industry. Ms. Ignacio's entertainment industry experience included screening artist submissions and managing numerous aspects of the daily operations in the Artist & Repertoire department of Capitol/EMI. She handled licensing and contract issues in the areas of merchandising and pay television programming for PolyGram's Diversified Entertainment Division. Ms. Ignacio also handled a variety of Artist & Repertoire, promotional and publicity matters at Radioactive Records. Additionally, Ms. Ignacio's entertainment experience included legal experience at the Legal Affairs division of ASCAP?The American Society of Composers, Authors and Publishers, a major performing rights society, where she handled copyright, webcasting and licensing issues.

Speaking Engagements

· "Some of the Issues to Consider When Helping Your Client Get a Piece of the E-Commerce Pie: Domain Names, Privacy and Website Terms of Use," presented at the Fifth Annual ICLE Business Law Symposium, October 22, 2004

· "Cybertorts," presented at the Third Annual ICLE Business Law Symposium, October 11, 2002

Publications

· Louboutin's Challenge: Can One Fashion Designer 'Sole-ly' Trademark a Color for Well-Heeled Shoes?
Trademark Alert, March 2012
Vanessa Ignacio, Lawrence Weinstein

· Intellectual Property Alert: Get Ready for the Age of Dot.Anything on the Internet
Intellectual Property Client Alert, June 2011
Vanessa Ignacio

· Intellectual Property Alert: How to Protect Your Brand in the. XXX Domain Name Extension
Intellectual Property Client Alert, June 2011
Vanessa Ignacio

· Federal Circuit Relaxes Fraud Standard for Trademark Owners
New Jersey Law Journal, January 4, 2010
Vanessa Ignacio, Lawrence Weinstein

· To Sue or Be Sued for Statements Made via the Internet
Third Annual ICLE Business Law Symposium, October 11, 2002
Vanessa Ignacio

· If Your Business Has a Web Site, It Needs a Privacy Policy
Commerce Magazine, May 2001
Vanessa Ignacio, Linda Pickering, Esq.

· Napster's Swan Song?
Intellectual Property Alert, February 5, 2001
Vanessa Ignacio, Linda Pickering, Esq.

· The Anticybersquatting Consumer Protection Act: A Necessary Evil or an Evil Blow Against Internet Culture?
Internet Publishing: The Legal and Business Issues as Traditional Publishing Moves to Electronic Media, 601 P.L.I. Pat 75, May 2000
Vanessa Ignacio

· Entertainment Industry Recognizing Benefits of Mediation
17 ABA Forum Ent. & Sports Lawyer 29, Winter 2000
Vanessa Ignacio, Gerald F. Phillips

Affiliations

· National Association of Women Lawyers, Planning Committee

· New Jersey Women Lawyers Association

· International Trademark Association
- Internet Committee, Domain Name Subcommittee

· Copyright Society of the U.S.A.

· New Jersey State Bar Association
- Committee on Internet and Computer Law

· New York State Bar Association
- Entertainment, Arts and Sports Section

· American Bar Association
- Forum on the Entertainment and Sports Industries

Practice Areas: Corporate; Intellectual Property & Patents; Intellectual Property Litigation; Life Sciences; The Tech Group; Trademark Prosecution and Enforcement.Email: Vanessa A. Ignacio

Adrienne L. Isacoff (Senior Counsel) born 1950; admitted to bar, 1981, New Jersey; 1982, New York. Education: Brooklyn College (B.A.); Pratt Institute (M.L.S.); Benjamin N. Cardozo School of Law (J.D., cum laude, 1981).

Adrienne L. Isacoff has been practicing construction law since 1981, when she served for several years as Deputy Attorney General for the New Jersey Department of Transportation. She serves as construction contract and disputes counsel for contractors, suppliers, developers, condominium associations and design professionals in all aspects of public, commercial and residential construction and procurement matters, including contract negotiation and drafting; bid protests; liens; bond claims; defective work, scheduling and delay claims; consumer fraud; OSHA claims; and minority and women-business enterprise certifications. She seeks to assist her clients to meet their goals through the appropriate mechanism, be it negotiated settlement, arbitration, litigation or appeals.

Ms. Isacoff also has an active alternative dispute resolution practice. She is a member of the American Arbitration Association Panel of Neutrals, serving as both arbitrator and mediator, and regularly presides over disputes involving construction claims from small to complex matters, as well as serving as a "Rule-7" arbitrator on consolidation and joinder issues. She also serves as a New Jersey Superior Court appointed mediator for construction disputes and for its foreclosure avoidance program and offers mediation services for private parties. Ms. Isacoff leverages decades of experience in case evaluation of construction matters to provide insightful, practical and creative guidance that often results in an amicable resolution of disputes that minimizes the expense, time consumption and uncertainty associated with the litigation process.

She has authored numerous articles and is a frequent lecturer on topics including lien and bond claims; bid preparation and protests; change orders and delay claims; consumer fraud issues; set-aside requirements in state and federal contracting; cooperative purchasing options for State contracts; and green building and sustainable design projects. She co-authored the chapter of the Council of Appellate Lawyers Insider's Guide to the New Jersey Appellate Courts.

Ms. Isacoff served for several years as the Co-Editor of the New Jersey State Bar Association Construction Law Section newsletter and presently serves as its Co-Secretary. She also serves as a member of the Borough of Closter Planning Board.

Recent Speaking Engagements:

· Co-Panelist, "Public Contracts and Procurement Regulations," Lorman Education Services Seminars, Edison, NJ April 2012.

· Co-Panelist, "Public Contracts and Procurement Regulations," Lorman Education Services Seminars, Mount Laurel, NJ April 2012.

· Co-panelist, "Recent Amendments to the New Jersey Construction Lien Law," Lorman Education Services Seminars, East Hanover, NJ, September 2011.

· Co-panelist, "Public Contracting Requirements and Regulations," Lorman Education Services Seminars, Edison, NJ, October 2010.

· Co-panelist, "New Jersey Consumer Fraud Act in Commercial and Residential Construction Disputes," NJICLE, New Brunswick, NJ, December 2009.

· Co-panelist, "Change Orders in Construction Disputes," Lorman Education Services Seminars, Parsippany, NJ, July 2004.

Publications

· State Contract Using Out-of-State Cooperative Program Is Approved by Court
New Jersey Law Journal, November 14, 2011
Adrienne Isacoff

· Enforcing Judgments on Construction Lien Claims in New Jersey
Construction Law & Litigation, August 2011
Adrienne Isacoff

· Amendments to the Construction Lien Law
Construction Law & Litigation Alert, January 2011
Adrienne Isacoff

· Recent Developments In New Jersey Contract Law: Pay-When-Paid And Pay-If-Paid Clauses
Metropolitan Corporate Counsel, October 2010
Adrienne Isacoff

· Recent Developments in New Jersey Lien and Bond Act Law
Construction Law Update, August 2010
Adrienne Isacoff

· New Jersey Supreme Court Clarifies Relationship of New Home Warranty and Builder's Registration Act and Consumer Fraud Act (Czar, Inc. v. Jo Anne Heath)
Construction Law Alert, July 2009
Adrienne Isacoff

· Court Casts Doubt on Effectiveness of Additional Insurance Coverage
Insurance and Construction Litigation Client Alert, May 2009
Robert Chesler, Adrienne Isacoff

· Election of Remedies Under The New Home Warranty and Builders' Registration Act (also published in The Legal Intelligencer, August 2009)
New Jersey Law Journal, March 23, 2009
Adrienne Isacoff

· New Jersey Supreme Court Issues Landmark Bidding Decision: Non-Bidder Held to Have Standing to Challenge Bid Specifications
Construction Law Client Alert, March 2009
Steven Brawer, Adrienne Isacoff

· New Jersey Construction Law 2008 Case Law Round-Up
Construction Law Alert, February 2009
Steven Brawer, Adrienne Isacoff

· Court Adds Clarity to "Your Work" Exclusion
Insurance and Construction Litigation Client Alert, January 22, 2009
Robert Chesler, Adrienne Isacoff

· Brewing Controversy of Pre-Lien Requirements for Residential Projects
New Jersey Law Journal, June 23, 2008
Adrienne Isacoff

· Pre-Lien Requirements for Residential Construction Contracts
Hard Hat News, April 13, 2007
Adrienne Isacoff

· Defining 'Lien Fund'
New Jersey Law Journal, November 7, 2005
Adrienne Isacoff

· What Constitutes Legitimate Deductions Against The "Lien Fund" Under The Construction Lien Law?
New Jersey Women In Construction Initiative Newsletter, September 2005
Adrienne Isacoff

· New Reasons Why Potential Lien Claimants May Want to File A Notice of Unpaid Balance
Hard Hat News, August 20, 2004
Adrienne Isacoff

· Choosing the Right Venue in Construction Matters
New Jersey Law Journal, August 2, 2004
Adrienne Isacoff

· New Reasons Why Potential Lien Claimants May Want to File A Notice of Unpaid Balance
Construction Alert, July 2004
Adrienne Isacoff

· Small Business Enterprise Set-Aside Contracting With The State: Are You Ready?
New Jersey Women In Construction Initiative Newsletter, May 2004
Adrienne Isacoff

· New Jersey Enacts Unprecedented Public School Construction Program
The Real Estate Finance Journal, Summer 2002
Steven Brawer, Adrienne Isacoff

· Improper Notice Leads to Spoliation
New Jersey Law Journal, March 5, 2001
Steven Brawer, Adrienne Isacoff

Affiliations

American Arbitration Association

· Roster of Arbitrators for Construction and related matters

New Jersey State Bar Association

· Construction and Public Contracts Law Section, Co-secretary; Former Co-Chair, Newsletter

· Renewable Energy, Climate and Clean Tech Subcommittee, member

ICREW NJ, member

Practice Areas: Appellate; Construction Law & Litigation; Litigation.Email: Adrienne L. Isacoff

Karim G. Kaspar (Senior Counsel) born 1955; admitted to bar, 1987, New Jersey; District of Columbia; New York; 1987, U.S. District Court, District of New Jersey; 2006, U.S. District Court, Southern District of New York; 2006, New York Supreme Court, County of New York; 2008, New York Supreme Court, County of Westchester; 2008, New York Supreme Court, County of Albany; 2009, New York Supreme Court, County of New York. Education: Fordham University (B.S., 1977); Holy Cross, Brookline (M. Div., 1982); Rutgers University School of Law - Newark (J.D., 1987).

Karim G. Kaspar has extensive experience in complex business litigation representing major corporations and financial institutions. He has trial experience in state and federal courts in insurance coverage, employment and construction defects. Mr. Kaspar serves as general counsel to the boards of many community homeowner associations and private foundations, advising them on fiduciary obligations, contract and litigation matters. He advises senior management/owners of manufacturing, food distribution and retail companies in various industries.

Mr. Kaspar's representative clients include: Western Union, NYSE-Euronext, Broadridge, Comcast, Investors Bank and AETREX.

Mr. Kaspar's recent experience includes:

· Representing several large financial institutions in general litigation and corporate matters.

· Represented the owner of the TRIMSPA corporation in various litigation, trademark and class action lawsuits

· Representing policyholders in insurance coverage disputes

· Representing companies in the manufacturing and food distribution industry

· Representing condominium associations in general litigation matters, construction defect claims and in negotiating construction contracts

Recent litigation matters include the following:

· Lead trial counsel in a landmark victory in Hudson County for same sex parents, on behalf of a gay interracial couple seeking sole legal custody of twin daughters born via gestational surrogacy

· Jury trial in White Plains, NY, for an estate litigation concerning the imposition of a constructive trust under New York law

· Successfully defended a suit seeking injunctive relief over violation of a non-solicitation claim

· Trial in the Southern District of New York involving a multi-million dollar escrow claim following the $76.5M sale of a money transfer business

· Successfully defended a pediatric day care facility in connection with NJ DHSS investigation

· Defended non-profit and religious organizations in various liability claims in several states

· Successfully tried a case for a New York landlord (foreign corporation) being sued by its tenant seeking specific performance of a $1.7M lease option to purchase; decision affirmed on appeal

· Successfully defended a major financial company against claims of race/sex discrimination filed in Essex County, NJ

· Litigated construction defect claims on behalf of several homeowner associations

· Tried a case for six weeks in Bergen County, NJ, involving a stockholder dispute with the parent corporation

· Successfully defended a domestic corporation against trademark infringement claims by a foreign competitor

· Defended a Fortune 100 client against a New Jersey CEPA claim filed by a foreign national

Published Decisions:

· ADP Investor Communication Services, Inc. v. In House Attorney Services, Inc., 390 F.Supp.2d 212 (E.D.N.Y., Aug. 18, 2005)

· Thomas J. Biondi v. Antoine Nassimos, 300 N.J. Supper. 148 (App. Div., April 28, 1997)

Mr. Kaspar coordinates Lowenstein Sandler's participation in the Fresh Air Fund to benefit inner city youth of Essex County, NJ. He is also actively involved in the firm's pro bono program.

Publications

· Chancery Court Amends Association's Governing Documents
Community Association Institute - New Jersey Chapter, July 2005
Karim Kaspar

· Clarifying the Scope of Public Interest in Private Beachfront Property
Commerce Magazine, February 2004
Karim Kaspar, Christopher D. Hopkins, Esq.

Press Mentions

· In Star Ledger, Advocate.com, Lawyers.com, Proud Parenting and New Jersey Law Journal articles, Karim Kaspar comments on how a Hudson County Superior Court judge's decision to grant legal custody of twin girls to a same-sex, interracial couple, based on the best interests of the children, is a victory for parents in nontraditional families., The Star Ledger, Advocate.com, Lawyers.com, Proud Parenting, New Jersey Law Journal, December 20, 2011

· In San Diego Gay & Lesbian News, Windy City Times, Gay Today.com, Outword Magazine and Sacramento Bee articles, Lowenstein Sandler is highlighted for successfully representing a gay interracial couple in a custody suit of their twin daughters. The girls were born via an anonymous egg donor and carried by the non-biological father's sister, who later challenged the fathers' right to primary custody. On December 13, the court granted the biological father sole legal and physical custody of the couple's daughters, emphasizing the importance of their commitment to their children's well-being and their values of tolerance and inclusion., San Diego Gay & Lesbian News, Windy City Times, Gay Today.com, Outword Magazine, Sacramento Bee, December 19, 2011

· In a Star Ledger article, Karim Kaspar and Lowenstein Sandler are highlighted for organizing the 2011 Battle of the Barristers, a softball tournament in which local law firms and corporations raise money for the Fresh Air Fund. The Fresh Air Fund provides inner-city children with the opportunity to attend summer camps., Star Ledger, May 8, 2011

Affiliations

· New Jersey State Bar Association

· Counsel to the Bergen County Police Chiefs Association

· Board Member, Visiting Health Services of New Jersey

Practice Areas: Commercial & Business Litigation; Litigation.Email: Karim G. Kaspar

Nicholas G. Mehler (Senior Counsel) born 1972; admitted to bar, 1999, New York; New Jersey. Education: Yale University (B.A., magna cum laude, 1994); New York University School of Law (J.D., cum laude, 1998).

Nick Mehler is a member of the firm's Tech Group. Nick's practice focuses on licensing and commercial contracts for pharma, IT and other technology-oriented businesses. Nick has broad experience handling a wide variety of transactions for clients ranging from start-up ventures to Fortune 100 companies. Nick's areas of expertise include development and licensing deals, strategic alliances, pharma product divestitures, IT procurement matters, manufacturing agreements and distribution agreements, as well as intellectual property advice for M&A transactions and venture capital investments. Nick's clients value his can-do attitude and practical approach. Prior to joining Lowenstein Sandler, Nick spent six years as an associate in the New York office of Latham & Watkins LLP.

Following is a sampling of some of the matters that Nick has handled recently:

Life Sciences

· Represented specialty pharmaceuticals company in product acquisitions from Merck and BMS.

· Represented diagnostics development company in negotiating agreements with a global pharmaceuticals company, a leading diagnostic products company and various universities, for the development and commercialization of a companion diagnostics assay.

· Represented pharmaceuticals company in the out-licensing of its vaccine product candidates.

· Represented pharmaceuticals company in negotiating agreements with its CRO and other service providers for Phase IIb trials of the client's lead drug candidate, and in developing a template contract for use with the clinical trial sites.

· Represented technology development company in out-licensing its coating technology to a leading tissue bank.

· Represented pharmaceuticals company in out-licensing Canadian rights to its drug product.

Information Technology

· Represented global credit card company in negotiating a strategic alliance with a leading procurement technology company for the creation of an online marketplace for the client's business cardholders.

· Ongoing representation of financial services company in more than 100 IT procurement transactions, including the negotiation of agreements for the client's business-critical loan origination system and mortgage servicing platform.

· Represented fast-growing online advertising company in negotiating agreements with multiple leading search engine and business directory companies for participation in the client's new advertising product.

· Ongoing representation of a national retail chain in IT procurement matters.

· Represented leading provider of electronic trading solutions in developing a template agreement for its managed IT infrastructure service offering.

Practice Areas: Corporate; Intellectual Property & Patents; Life Sciences; Outsourcing; Privacy Law; Tech Transfer; The Tech Group; Trademark Prosecution and Enforcement.Email: Nicholas G. Mehler

Maureen E. Montague (Senior Counsel) born 1967; admitted to bar, 1992, New Jersey; 1993, Pennsylvania; New York. Education: Rutgers, The State University of New Jersey (B.A., 1989) Phi Beta Kappa; Rutgers University School of Law - Newark (J.D., 1992) New Jersey Developments Editor, Rutgers Law Review.

Maureen E. Montague is senior counsel to the firm's Corporate Department and a member of its Real Estate practice group. Ms. Montague's practice covers all aspects of commercial transactions with a specialty in commercial and residential mortgage foreclosure as well as tax foreclosure. Ms. Montague has more than 15 years of experience representing lenders in foreclosures and loan restructuring for such uses as assisted living facilities, age-restricted housing, commercial and industrial properties, multi-unit apartment buildings, retail and mixed-use properties, as well as residential properties.

Ms. Montague's transactional experience includes conveyance and leasing of office, industrial, retail and residential properties and extends to multi-state transactions involving construction and mezzanine financing, leasehold and securitized financing and mortgage assumptions. Ms. Montague has also represented developers in connection with acquisition and development financing as well as before land use boards around the State.

Publications

· New Law Effective August 1, 2006 Will Impose 1% Tax on Purchasers of Commercial Real Property Valued in Excess of $1,000,000
Real Estate Alert, July 8, 2006
Maureen Montague, Steven Fuerst

Practice Areas: Corporate; Real Estate.Email: Maureen E. Montague

Norman W. Spindel (Senior Counsel) born 1948; admitted to bar, 1974, District of Columbia; 1977, New York; 1986, New Jersey; 1974, U.S. District Court, District of Columbia; 1978, U.S. District Court, Southern District of New York; 1986, U.S. District Court, District of New Jersey. Education: Rutgers, The State University of New Jersey (B.S., with highest honors, 1970); Georgetown University Law Center (J.D., 1973).

Norman W. Spindel has over 35 years of experience in the field of environmental, health and safety regulation.

Specific accomplishments include negotiation of the first prospective purchaser's agreement with the New Jersey Department of Environmental Protection providing liability protection to a Brownfield developer, its lenders and tenants; negotiation of the terms of a Redevelopment Agreement under the New Jersey Brownfield program; counseling a developer of Brownfield sites in inner-city areas on strategies to procure financial benefits and liability protection under New Jersey's Brownfield program; and to obtain development and operating environmental permits.

Mr. Spindel is the Executive Editor of the New Jersey Environmental Law Handbook (Government Institutes) and he is listed in the 2008-2012 issues of Super Lawyers.

Mr. Spindel represents and counsels clients on federal and state regulatory compliance and licensing matters, and environmental liability issues, including:

· Environmental issues arising in real estate, business and bankruptcy transactions and proceedings

· Site remediation and natural resource damages

· Compliance with the Industrial Site Recovery Act

· Superfund

· Brownfield development

· Air and water pollution

· Hazardous and toxic substances control, disposal and discharge

· Pollution prevention

· Solid and hazardous waste management and disposal

· Underground storage tank requirements

· OSHA

· Right-to-Know

· Utility siting

Presentations

· "Cost Recovery Actions and Redevelopment Projects," 2005 Redevelopment Law Institute, March 5, 2005

· "Introduction to the Industrial Site Recovery Act," Environmental Law and Regulation Short Course, Cook College, February 2004, 2005 and 2006

· "Natural Resource Damages: What it Means to New Jersey Businesses," Lowenstein Sandler Natural Resource Damages Seminar, 2003

· "An Introduction to Natural Resource Damages," Lowenstein Sandler Insurance Coverage Seminar, 2003

· "Liability Issues and Cost Recovery Option: Overview of What Recourse You May Have to Recover Remediation Costs," New Jersey Water Environment Association Annual Conference, 2003

· "Hazardous Waste Regulation," Environmental Law and Regulation Short Course, Cook College, 2003

· Exhibitor at "Mid-Atlantic Deal-Flow Conference," National Brownfields Association, 2002

· Exhibitor at "Smart Growth Today and What it Means to Your Bottom Line," New Jersey State League of Municipalities, 2002

· Exhibitor at "New Jersey Smart Mart 2001," New Jersey Brownfields Redevelopment Task Force, 2001

· "Doing the Deal in Hudson County," Lowenstein Sandler, 2001

· Brownfield Breakfast Roundtable, Lowenstein Sandler, 2001

· Exhibitor at "Mid-Atlantic Deal-Flow Conference," National Brownfields Association, 2001

· "New Jersey Environmental Brownfields Program," RT Environmental, 2001

· "Developing New Jersey's Brownfields," Institute of Real Estate Management, 2001

· Exhibitor at "Brownfields 2000, Research & Regionalism: Revitalizing the American Community," 2000

· "Case Study: Insurance Coverage for Contaminated Property Cleanups," The New Jersey Insurance Coverage Institute, 2000

· "Brownfields for Beginners," The Somerset Coalition for Smart Growth Inc., 2000

· "Controlling Risk for Lenders in Brownfields Development, " New Jersey Bankers Association Seminar, 1999

· "New Jersey Brownfields - Initiatives and Options," New Jersey State Bar Association Environmental Law Section, 1999

· "Community Right-to-Know; Strategies for Minimizing Your Company's Risks," Lowenstein Sandler/First Environment, 1998

· "Brownfields Legislative and Regulatory Changes," Somerset County Regional Center Partnership, 1998

· "Update on Supplemental Environmental Projects," ABA/USEPA/NYSBA, 1998

· "ISRA Update: New Regulations," New Jersey State Bar Association Annual Meeting, 1997

· "How to Use Your Environmental Consultants," Chemical Industry Council of New Jersey, 1995

· "New Jersey's Air Pollution Permitting Requirements," Government Institutes, Inc., 1994

· "A Detailed Explanation of the EPA's Final Lender Liability Rule," Guidelines for Environmental Site Assessments - 1993, Executive Enterprises, Inc., 1993

· "Environmental Audits - What Types and How to Prepare," Chemical Industry Council of New Jersey, 1993

· "Wetlands, Stream Encroachment and Coastal Development Regulation," PSE&G Environmental Law Seminar, Government Institutes, Inc., 1993

· "Environmental Issues for Accountants/Auditors," Kenneth Leventhal & Co., 1993

· "Compliance with New Jersey Pollutant Discharge Elimination System Report Requirements," Lowenstein Sandler, 1993

· "New Jersey Stormwater Regulations," Lowenstein Sandler, 1993

· "Compliance with the New Jersey Environmental Cleanup Responsibility Act," New Jersey Environmental Law Compliance Seminar, Government Institutes, Inc., 1990, 1991, 1992

· "Using Deed Restricted Contaminated Land," Continuing Professional Education Series, Cook College of Rutgers University, 1992

· "New Jersey Spill Compensation and Control Act Regulations," Lowenstein Sandler, 1991

· "Compliance with ECRA," How to Comply with State and Federal Environmental Regulations, Business and Legal Reports, Inc., 1989

· "The Fundamentals of ECRA," Montclair State University, 1988

Publications

· Remedial Action Permits: One Size No Longer Fits All
New Jersey Law Journal, July 18, 2011
Norman Spindel

· New York News and Developments
Real Estate Newsletter, October 2010
Edward Hunter, Norman Spindel, Lowell Plotkin

· National News and Developments
Real Estate Newsletter, July 2010
Edward Hunter, Brian Silikovitz, John Stolz, Norman Spindel, Richard Horne, David Tlusty

· New Jersey Enters a New Era in Its Contaminated Site Remediation Program
BNA Environmental Reporter, June 19, 2009
Norman Spindel, Jennifer Storipan

· New NJDEP Regulations Require Public Outreach at Remediation Sites
Bloomberg Law Reports: Environmental Law, March 2009
Norman Spindel

· Changes are coming: NJDEP's Site Remediation Program
New Jersey Lawyer, April 14, 2008
Norman Spindel

· Site Remediation Program Goes Public
New Jersey Law Journal, August 27, 2007
Norman Spindel

· New Jersey Adopts Global Warming Response Act What It Means to You
Environmental Law & Litigation Group Alert, July 2007
James Stewart, Michael Lichtenstein, Norman Spindel

· Do State-Run Insurance Programs Make Sense in Times of Fiscal Austerity?
BrownField News, December 2006
Norman Spindel

· EPA Announces Procedures For Owners Of Contaminated Site Assessments to Avoid Superfund Liability
Environmental Law Alert, November 2005
Norman Spindel

· Chemical Plant Security: New Programs Under Consideration
New Jersey Law Journal, December 6, 2004
Norman Spindel

· Environment: Expedited Permit System in New Jersey
Real Estate Law Report, Vol. 34, No. 6, November 2004, November 2004
Norman Spindel

· Expedited Permitting Law Goes Into Effect
Environmental Law Alert, July 2004
Norman Spindel

· Clean Air Act New Source Review: Final Rule And Other Developments
Environmental Law Alert, December 2003
Norman Spindel, Timothy L. Borkowski, Esq.

· Site Remediation Program Changes May Impact Future Development
New Jersey Law Journal, October 20, 2003
Norman Spindel

· A New Era of Brownfield Remediation
New Jersey Law Journal, July 14, 2003
Norman Spindel

· Clean Air Act's New Source Review Update
Environmental Law Alert, January 2003
Norman Spindel, Timothy L. Borkowski, Esq.

· NJDEP Announces Brownfield Program
Environmental Law Alert, December 2002
Norman Spindel

· How New Jersey's Brownfield Program Can Affect New School Construction
School Construction Alert, March 2002
Norman Spindel

· Governor's State of the State Address Focuses on the Environment
Environmental Law Alert, January 2000
Norman Spindel

· Underground Storage Tanks Post-1998 Deadline Compliance
Environmental Law Alert, January 1999
Norman Spindel

E-Sources

· New Jersey Environmental Law Handbook
Government Institutes, 7th Edition, September 2001
Norman Spindel, Michael Dore, Michael Lichtenstein, Richard F. Ricci, James Stewart

Press Mentions

· Norman W. Spindel discusses a recent Supreme Court ruling enabling the Environmental Protection Agency to regulate automotive greenhouse gas emissions on a national level and what this ruling means for state-by-state programs in the industry., Reuters, April 3, 2007

· Norman W. Spindel examines legal counsel's role in preparing contract terms to reflect the regulatory compliance and liability considerations potentially impacting the redevelopment plans of a brownfield (contaminated) property., New Jersey Business, September 2006

· Norman W. Spindel comments on changes to New Jersey's rules concerning the clean-up of toxic pollution and redevelopment of industrial sites., The Record, February 11, 2005

Affiliations

· New Jersey State Bar Association

· American Bar Association

· New York State Bar Association

· District of Columbia Bar Association.

(Also at New York, New York Office). Practice Areas: Environmental Law & Litigation; Litigation; Real Estate.Email: Norman W. Spindel

Eric D. Weinstock (Senior Counsel) born 1965; admitted to bar, 1996, New Jersey; 2000, New York. Education: University of Pennsylvania (B.A., magna cum laude, 1987); John F. Kennedy School of Government, Harvard University (M.P.P., 1989); Harvard Law School (J.D., cum laude, 1996).

Eric D. Weinstock is Senior Counsel to the firm's Business Tax Counseling & Structuring practice group and a member of the Trusts & Estates practice group. Mr. Weinstock's practice includes the development of complex estate plans and client counseling regarding federal income estate, gift and generation-skipping transfer tax issues. Mr. Weinstock has substantial experience in the design and implementation of a wide variety of estate planning techniques, including wills, insurance trusts and sophisticated gifting vehicles, and advises both private foundations and public charities regarding operational and management issues.

Mr. Weinstock is admitted to practice in New Jersey and New York, and has substantial experience in estate and trust administration in both states.

Publications

· Estate Planning and the Enactment of the New York Marriage Equality Act: What You Need to Know
Trusts & Estate Client Alert, July 2011
Warren Racusin, Michael Vito, Eric Weinstock, Shannon Keim

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

· Trusts Aren't Just for Taxes, and They Never Were
New Jersey Law Journal, February 8, 2010
Eric Weinstock, Michael Vito

· The Silver Lining: Falling Asset Values and Declining Interest Rates Can Create Gift and Estate Tax Windfalls
Trusts & Estates Client Alert, October 29, 2008
Michael Gooen, Michael Vito, Eric Weinstock

· GRATs: Make Sure To Sweat All The Small Stuff
New Jersey Law Journal, July 14, 2008
Michael Gooen, Eric Weinstock

· Lifetime Gift May Be Better Option
New Jersey Law Journal, February 5, 2007
Eric Weinstock

· The Exemption Gap Doesn't Have To Make Planning a Gamble
New Jersey Law Journal, January 30, 2006
Michael Gooen, Eric Weinstock

· New Jersey Enacts Income Tax Increase and Domestic Partnership Act
Tax and Estate Planning Alert, August 2004
Brian Silikovitz, Eric Weinstock

Practice Areas: Business Tax Counseling & Structuring; Corporate; Fiduciary Counseling & Litigation; Trusts & Estates.Email: Eric D. Weinstock

Catherine Weiss (Senior Counsel) born 1959; admitted to bar, 1990, New York; 1992, District of Columbia; 2006, New Jersey; U.S. Supreme Court; U.S. Court of Appeals, First Circuit; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Sixth Circuit; U.S. District Court, Southern District of New York. Education: Princeton University (A.B., summa cum laude, 1981) Phi Beta Kappa; Yale University (M.A., 1984) National Science Foundation Fellowship; Yale Law School (J.D., 1987).

Catherine Weiss is Senior Counsel to the firm's Litigation Department and Director of Public Interest Advocacy for the Lowenstein Center for the Public Interest. Ms. Weiss has extensive advocacy experience. She most recently served as Director, Division of Public Interest Advocacy for the New Jersey Department of the Public Advocate, where she created and managed a division of state government dedicated to protecting and advancing the public interest through a coordinated program of research, investigation, reporting, advocacy, and litigation. She has worked on diverse issues including eminent domain reform, prevention of childhood lead poisoning, voting rights, affordable housing, and tenants' rights during and following foreclosure.

Before joining the New Jersey Department of the Public Advocate, Ms. Weiss served as Deputy Director for the Democracy Program at the Brennan Center for Justice at New York University School of Law. There she directed legislative advocacy, litigation, and communications aimed at restoring voting rights to people with criminal convictions and advocated for broader voting rights and election reform efforts. For fourteen years at the start of her career, she worked at the NYCLU and at the national office of the ACLU where she served as Director of the Reproductive Freedom Project.

Ms. Weiss has also consulted for the ACLU, Human Rights Watch, Planned Parenthood of New York City and other non-profit organizations on an array of issues. She regularly speaks on a variety of topics and taught a seminar on reproductive rights at Rutgers University School of Law. She clerked for the Honorable Alvin B. Rubin of the United States Court of Appeals for the Fifth Circuit.

Speaking Engagements:

· Panelist, "Jails and Jumpsuits: Transforming the U.S. Immigration Detention System - A Two-Year Review," Human Rights First Panel Discussion, December 2, 2011

· Facilitator, "Maintaining Momentum: Doing More with Less," Pro Bono Institute Annual Seminar and Forum on In-House Pro Bono, March 3, 2011

Press Mentions

· In The Star Ledger, Catherine Weiss comments on the problem of inadequate legal representation in immigration cases., The Star Ledger, October 25, 2011

· James Stewart comments on how including a photo of a phone booth-sized cage used to hold mentally ill inmates in California with the amicus brief he prepared with Kenneth Zimmerman, Catherine Weiss and Michael Long, helped influence the U.S. Supreme Court's decision in Brown v. Plata. The decision requires California prisons to eliminate unconstitutional conditions by reducing critical and dangerous overcrowding., New Jersey Law Journal, May 27, 2011

· Catherine Weiss and Christine Boyle are recognized as Kids in Need of Defense (KIND) pro bono attorneys of the month for their work representing a ten year old girl throughout her immigration proceedings., KIND Blog, May 26, 2011

· Kenneth Zimmerman and Catherine Weiss comment on the rule changes concerning amici filings. The new rules will tighten deadlines, make citing unpublished cases easier and give trial judges a greater voice in deciding whether interlocutory appeals should be allowed., New Jersey Law Journal, August 2, 2010

Affiliations

· Huber Foundation, Board Member

· Partners for Women and Justice, Board Member

Practice Areas: Litigation.Email: Catherine Weiss

Stuart S. Yusem (Senior Counsel) born 1955; admitted to bar, 1980, Pennsylvania; 1982, New Jersey. Education: University of Pennsylvania (B.A., 1977); Dickinson School of Law (J.D., 1980) Editorial Staff, Dickinson Law Review.

Stuart S. Yusem is a senior counsel at Lowenstein Sandler with a practice focused in the areas of real estate, banking and commercial transactions. He has more than 20 years of experience representing lenders and borrowers in a broad range of financing types, including working capital, project finance, real estate and construction lending. Mr. Yusem also represents parties to commercial real estate transactions. He has recently devoted substantial attention to highly leveraged financings on behalf of buyers of manufacturing assets in multinational transactions.

Publications

· The Red-Flag Rules: Applicability to Broker-Dealers
Investment Management Client Alert, January 6, 2009
Stuart Yusem

· The Red Flag Rules: Financial Industry Participants Must Soon Comply with Heightened Information Security Requirements
Investment Management Alert, October 16, 2008
Stuart Yusem

· Newly Adopted OCC Guidance For National Banks Addresses Implementation of Anti-Predatory Lending Standards
Mortgage Banking Alert, March 2005
Stuart Yusem

· Pro-Lender Amendments to New Jersey's Anti Predatory Lending Law Now Effective
Mortgage Banking Alert, July 2004
Stuart Yusem

Affiliations

· Somerset County Bar Association

· New Jersey State Bar Association

· American Bar Association

Practice Areas: Corporate; Mortgage Banking & Finance; Real Estate.Email: Stuart S. Yusem

OF COUNSEL

Scott Cargill (Of Counsel) born 1972; admitted to bar, 1999, New York; New Jersey. Education: Rutgers, The State University of New Jersey (B.S., 1995); New York University School of Law (J.D., 1998).

Scott Cargill has extensive experience in bankruptcy courts throughout the country in matters concerning debtor and creditor rights. Mr. Cargill has represented debtors as well as individual creditors and creditors' committees in complex restructuring and insolvency proceedings. He recently concluded the representation of the official committee of unsecured creditors in the Chapter 11 bankruptcy proceeding of Interstate Bakeries Corporation, one of the largest producers of fresh baked goods in the United States. This multi-year engagement involved complex issues including the intersection of bankruptcy and labor law; preference and fraudulent transfer liability issues; the substantive consolidation of debtor estates; and employee retention programs.

Mr. Cargill's experience in other engagements includes:

· the representation of The Trump Organization in a competitive bidding process for the sale of real estate in Atlantic City, New Jersey;

· the representation of the official committee of asbestos claimants in a case involving a national manufacturer of building products;

· the representation of British Telecom defending a multi-million dollar preference and fraudulent transfer claim;

· the representation of a creditors' committee in the Chapter 11 case of a national snack cake manufacturer involving serious allegations of accounting irregularities and fraud.

Mr. Cargill has lectured on numerous insolvency topics for the New Jersey Institute of Continuing Education. He is also a frequent contributor to periodicals published by the National Association of Credit Management, the Credit Research Foundation and the American Bankruptcy Institute. He has presented lectures to dozens of credit groups and corporations across the country on numerous bankruptcy related issues, including the latest trends in Chapter 11 cases, preference liability issues, litigation tactics in insolvency proceedings; the intersection between the Bankruptcy Code and the Uniform Commercial Code; steps creditors can take to enhance their credit position; and obligations relating to service on creditors' committees.

Articles Quoting Scott Cargill

· "Trump Trying to Buy Land He Already Owns," Associated Press Online, Geoff Mulvihill, July 9, 2005

· "Kitchen Etc. to Seek Liquidation OK," The Deal, Soma Biswas, December 15, 2004

Published Opinions

· In re G-I HOLDINGS, INC. f/k/a GAF Corporation, 327 B.R. 730, 45 (Bankr.D.N.J. 2005).

Publications

· Using the "Safe Haror" Defense to Defeat Preference Claims
Business Credit, May 2012
Bruce Nathan, Scott Cargill

· Using Public Information to Identify and React to the Early Warning Signs of a Financially Distressed Customer
Business Credit, April 2012
Bruce Nathan, Scott Cargill

· Got Setoff Rights? Think Again
Business Credit, March 2012
Bruce Nathan, Scott Cargill

· Trade Creditor Remedies Manual: Trade Creditors' Rights Under The UCC and the U.S. Bankruptcy Code
American Bankruptcy Institute, 2011
Bruce Nathan, Scott Cargill

· Everything You Need to Know About New Value as a Preference Defense, and More
The Credit and Financial Management Review, Second Quarter 2011
Bruce Nathan, Scott Cargill, David Banker

· Does a Competing Plan Sponsor Have the Right to Assume, Assign or Reject a Debtor's Executory Contracts?
New Jersey Law Journal, January 24, 2011
Scott Cargill, Beth Williams

· Proving the Subjective Component of the Ordinary-Course-of-Business Defense
American Bankruptcy Institute Journal, November 2010
Bruce Nathan, Scott Cargill

· The 20-Day Goods Priority Claim Under Bankruptcy Code Section 503(b) (9)
Credit Research Foundation, October 2009
Bruce Nathan, Scott Cargill

· Compelling Postpetition Trade Credit: Navigating Uncharted Waters
American Bankruptcy Institute Journal, October 2009
Bruce Nathan, Scott Cargill

· Buyers Take Notice: Section 363 Sales May Not Be as Final as You Think
New Jersey Law Journal, January 12, 2009
Scott Cargill

· Courts Remain Split over Whether a Debtor's Credit Card Payment is an Avoidable Preference
ABI Journal, October 2008
Bruce Nathan, Scott Cargill

· The U.S. Supreme Court Addresses Bankruptcy Code Exemption To Stamp Taxes
Metropolitan Corporate Counsel, September 2008
Scott Cargill

· Are State Preference Laws Preempted by the United States Bankruptcy Code? Not Necessarily!
The Credit and Financial Management Review, Volume 13, Number 4, Fourth Quarter 2007
Bruce Nathan, Scott Cargill

· Recent Case Law Development Under the 2005 Amendments to the Bankruptcy Code-Part II
Business Credit Journal of NACM Oregon, May 2007
Bruce Nathan, Scott Cargill

· Recent Case Law Development Under the 2005 Amendments to the Bankruptcy Code-Part 1
Business Credit Journal of NACM Oregon, April 2007
Bruce Nathan, Scott Cargill

· Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: A Summary of the Provisions Affecting Derivative Agreements
Lowenstein Sandler Bankruptcy Alert, May 6, 2005
Bruce Nathan, Scott Cargill

· Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Landmark Business and Other Bankruptcy Changes
Lowenstein Sandler Bankruptcy Alert, May 5, 2005
Bruce Nathan, Scott Cargill

· State Law Preference Actions: A Thing Of The Past?
Business Credit, March 2005
Bruce Nathan, Scott Cargill

· A New Defense Against Preference Claims?
Credit Today, October 2004
Bruce Nathan, Scott Cargill

· Critical Vendor Payments Denied by Kmart Ruling - Part 2
National Credit News, July-August 2004
Bruce Nathan, Scott Cargill

· Critical Vendor Payments Denied by Kmart Ruling - Part 1
National Credit News, June 2004
Bruce Nathan, Scott Cargill

· Face Value of a Lien is Considered in a Bankruptcy Sale
Bankruptcy Watch, May 2004
Scott Cargill

· Best Practices for Preparing a Proof of Claim
Managing Credit Receivables & Collections, May 2004
Scott Cargill

· Critical Vendor Payments Denied by Kmart Ruling
Lowenstein Sandler, April 2004
Bruce Nathan, Scott Cargill

Press Mentions

· On NACM.org, Bruce Nathan and Scott Cargill discuss the Lehman Brothers bankruptcy case., NACM ENews, December 8, 2011

· Scott Cargill discusses bankruptcy attorneys' actions to improve creditor recoveries in the current recession., Wall Street Journal, March 31, 2010

· Scott Cargill and David Banker comment on the increase in Chapter 11 filings and failures to reorganize during the recession., Floor Covering Weekly, January 25, 2010

· Scott Cargill comments on the benefits that would result from the sale of Sun-Times Media Group to Chicago financier James Tyree., Chicagotribune.com, October 9, 2009

· Scott Cargill comments on Chicago financier James Tyree's $26.5 million buyout offer in the Sun-Times Media Group Inc.'s Chapter 11 case., Chicagotribune.com, September 25, 2009

· Scott Cargill, who represents the creditors' committee of bankrupt company Archway Cookies LLC, comments on the cookie maker's request to move up a hearing on a motion to convert the Chapter 7, saying "the committee will vigorously oppose motion to convert," adding "we don't think there is an adequate legal basis for the motion to convert, especially because the committee is involved in an investigation of potential wrongdoing at the company.", Law360, December 19, 2008

· Scott Cargill was quoted in an article, "Trump Trying to Buy Land He Already Owns.", Associated Press Online, July 9, 2005

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Scott Cargill

Stephen N. Dermer (Of Counsel) born 1945; admitted to bar, 1968, New Jersey. Education: City College of the City University of New York (B.A., 1965); Rutgers University School of Law - Newark (J.D., 1968) Editor, Rutgers Law Review.

Stephen N. Dermer has extensive experience in dispute resolution through litigation, as well as arbitration and other alternative settlement processes.

Mr. Dermer's experience encompasses trial and appellate phases in state and federal courts. His practice includes:

· Breach of product warranties

· Claims arising from the termination of franchises and distributorships

· Defense of product liability claims for personal injuries

· Disputes between members of partnerships and closely held corporations

· Matrimonial and other family disputes involving the division of businesses and assets

· Prosecution and defense of claims for breach of warranties and covenants related to the disposition and acquisition of businesses

· Estate disputes

· Representation of policy holders in insurance coverage disputes

· Defense of professional liability claims

Affiliations

· Special Deputy Attorney General, State of New Jersey (1972-1973)

· Essex County Bar Association

· New Jersey State Bar Association
- Family Law Section

· American Bar Association
- Litigation Section
- Family Law Section

· Association of the Federal Bar of New Jersey
- Trustee

Practice Areas: Commercial & Business Litigation; Fiduciary Counseling & Litigation; Litigation; Products & Specialty Torts.Email: Stephen N. Dermer

Zulima V. Farber (Of Counsel) born 1944; admitted to bar, 1974, New Jersey; 1974, Federal District Court of New Jersey; 1983, U.S. Supreme Court. Education: University of Madrid, Spain; Montclair State University (B.A., 1968); Montclair State University (M.A., 1970); Rutgers University School of Law - Newark (J.D., 1974).

Zulima V. Farber has more than 30 years of trial and appellate experience, concentrating in commercial litigation, administrative law, employment law and health care litigation. Ms. Farber was recognized as one of the 25 Women of Influence in New Jersey by NJBiz Magazine. In addition, Ms. Farber was recognized as a 2005 New Jersey Super Lawyer in the Civil Litigation Defense section of the publication.

Ms. Farber has experience in state and federal courts in civil and criminal matters. Her practice includes:

· Commercial disputes

· Employment law matters

· Internal investigations

· Physicians' privileges disputes and licensing issues

· Certificate of need matters

· Hospital and medical staff governance

· Attorneys' ethics matters

Ms. Farber is the first Hispanic woman to have served as a New Jersey cabinet officer. She was New Jersey Public Advocate and Public Defender in former Governor Florio's cabinet, and the Attorney General in Governor Corzine's cabinet in 2006.

Publications

· Employers and Homeland Security: The United States' Strategy for Combating Terrorism and its Direct Impact on Employers
New Jersey Lawyer Magazine, October 2007
Zulima Farber

· Are Physician Post-Employment Noncompete Agreements Enforceable?
The Metropolitan Corporate Counsel, March 2004
Zulima Farber, David Wissert, Denise Walsh, Esq.

· Caught Between a Rock and a Hard Place
New Jersey Law Journal, December 17, 2001
Zulima Farber, David Wissert

· State Law Increases Criminal Exposure
New Jersey Lawyer the Magazine, June 1, 1998
Zulima Farber, Christopher L. Weiss, Esq.

Press Mentions

· Zulima Farber is highlighted for receiving an Evangelina Menedez Trailblazer Award, an award presented by Senator Robert Menendez and named in honor of his mother to recognize pioneering women who have made outstanding contributions in their fields., HopatcongPatch, April 3, 2011

Affiliations

· Fellow, American Bar Foundation

· New Jersey State Advisory Committee to the U.S. Commission on Civil Rights (1987-2006; Chairperson, 1990-1994)

· Trustee, Fairleigh Dickinson University (1994 - 2004)

· Visiting Associate, Eagleton Institute, Rutgers University (1994 - present)

· New Jersey State Supreme Court Advisory Committee on Ethics (1994 - 2006)

· Supreme Court Task Force on Court Interpreters and Translators (1982-1985)

· Assistant Counsel to the former Governor of New Jersey, Brendan Byrne (1978-1981)

· Assistant Prosecutor, Bergen County (1975-1978)

· Chair, Board of Trustees, Jersey City Medical Center (1982-1992, 1994-1996)

· New Jersey State Supreme Court Committee on Criminal Rules, Committee on Evidence Rules, Committee on Character (1986-1992)

Practice Areas: Litigation.Email: Zulima V. Farber

Benedict M. Kohl (Of Counsel) born 1931; admitted to bar, 1963, New Jersey; 1985, New York; 1955, U.S. District Court, District of Columbia; 1962, U.S. Supreme Court. Education: Brown University (B.A., 1952); Harvard Law School (LL.B., cum laude, 1955).

Benedict M. Kohl has more than 40 years of experience counseling individuals and privately controlled business organizations with regard to tax and corporate matters. Mr. Kohl is listed among The Best Lawyers in America in both the tax and the trusts and estates sections.

Mr. Kohl advises business clients on long-term strategies, focusing on the development and implementation of business acquisition plans. He also advises individuals on income tax and tax-oriented estate planning matters, and serves as fiduciary for major estates. Mr. Kohl was an attorney in the IRS Chief Counsel's Office and served on the staff of the Tax Legislative Counsel to the U.S. Secretary of the Treasury.

Publications

· Return of the Federal Estate Tax: Now What?
Trusts and Estates Client Alert, December 2010
Warren Racusin, John Berger, Michael Gooen, Benedict Kohl, Kenneth Slutsky, Ashley Steinhart, Michael Vito, Eric Weinstock

Affiliations

· American Jewish Committee

· National Board of Governors

· Former National Vice President

· Former President, New Jersey Area

· United Jewish Federation of MetroWest

· Former Trustee

· Former Chair, Community Relations Committee

· Essex County Bar Association

· New Jersey Association

· American Bar Association

Practice Areas: Trusts & Estates.Email: Benedict M. Kohl

Ira M. Levee (Of Counsel) born 1949; admitted to bar, 1981, New Jersey; 1988, New York; 1981, U.S. District Court, District of New Jersey; 1981, U.S. District Court, Southern District of New York; 1981, U.S. District Court, Eastern District of New York; 1987, U.S. Court of Appeals, Third Circuit. Education: Bucknell University (B.S., 1971); Rutgers, The State University of New Jersey (M.S., 1975); Seton Hall University School of Law (J.D., 1980).

Ira M. Levee is a 15-year veteran bankruptcy lawyer who has been involved in some of the nation's largest bankruptcy cases. As part of the Lowenstein Sandler Bankruptcy, Financial Reorganization & Creditors' Rights Group, the largest in the State of New Jersey, Mr. Levee's practice focuses exclusively on bankruptcy, restructuring, debtor-creditor law and bankruptcy litigation.

Mr. Levee's recent representative matters include serving as bankruptcy counsel to securities litigation plaintiffs in the Washington Mutual, Inc., Worldcom, Amerco, AMF, Atlas Air, Fruit of the Loom, Fleming, IT Group, Kmart, McLeod, NX Networks, VF Brands and other chapter 11 cases. Mr. Levee spends substantial time in bankruptcy court and has appeared in the following bankruptcy courts: the District of New Jersey, the Southern and Eastern Districts of New York, the District of Delaware, the District of Nevada, the Northern District of California, the Southern District of Florida, and others. Mr. Levee's bankruptcy practice includes the representation of debtors, creditor committees, unsecured creditors, individual creditors, secured creditors, and equity holders. Mr. Levee was an adjunct instructor of bankruptcy at Fairleigh Dickinson University School of Paralegal Studies.

Publications

· Beware: Officers and Directors of Private Companies Held to Same Standard as Public Companies
Bankruptcy Watch, September 2003
Ira Levee

· Reclamation Demands Must Be in Writing
Bankruptcy Watch, September 2003
Ira Levee

· Avoid the Cap on Lease Rejection Damages
New Jersey Law Journal, February 4, 2002
Ira Levee, Brian M. Brennan, Esq.

· Lease Payment Dates are Critical
Real Estate New Jersey, February 2002
Ira Levee, Brian M. Brennan, Esq.

· Seeking Redemption
Real Estate New Jersey, September 2001
Ira Levee

· Surviving Tenant Bankruptcy
Real Estate New Jersey, April 2001
Ira Levee, Noel M. Spear, Esq.

· Automatic Stay Doctrine Applies to Certain Related Nondebtors
New Jersey Law Journal, February 5, 2001
Michael Etkin, Ira Levee

· Property & The Law: Weighing the Facts
Real Estate New York, January 2001
Ira Levee, Noel M. Spear, Esq.

· Property & The Law: Weighing in on Restrictive Clauses
Real Estate New Jersey, January 2001
Ira Levee, Noel M. Spear, Esq.

Press Mentions

· In Law 360, Michael Etkin and Ira Levee are highlighted as bankruptcy counsel for the proposed lead plaintiff in a putative securities fraud class action against three executives of the bankrupt oil and gas exploration company Delta Petroleum Corp., Law 360, May 7, 2012

· Michael S. Etkin and Ira M. Levee are highlighted for representing the securities plaintiffs in Colonial BancGroup Inc.'s Chapter 11 proceedings., Law360, June 3, 2011

Affiliations

· American Bankruptcy Institute

· Non-Bankruptcy Affiliation
- Board of Trustees, National Multiple Sclerosis Society, NJ Metro Chapter

Practice Areas: Bankruptcy, Financial Reorganization & Creditors' Rights.Email: Ira M. Levee

John R. MacKay (Of Counsel) born 1934; admitted to bar, 1965, New Jersey. Education: Bowdoin College (A.B., 1956); Rutgers University School of Law - Newark (LL.B., with honors, 1965) Editor-in-Chief, Rutgers Law Review.

John R. MacKay 2nd has more than 30 years of experience in business law, including corporate, banking and financial transactions. Mr. MacKay is listed among The Best Lawyers in America and Chambers USA: America's Leading Lawyers for Business in the corporate and mergers & acquisitions sections. In addition, Mr. Mackay was featured in the 2005 issue of New Jersey Super Lawyers in the Closely Held Business of the publication.

He handles corporate and business planning and counseling matters, including:

· Mergers, acquisitions and sales of business corporations

· Formation, organization and operation of business corporations and banking associations

· Resolution of shareholder disputes

· Structuring of shareholder relationships

Mr. MacKay is author of the definitive guide to New Jersey corporate law and practice, New Jersey Business Corporations: Law and Practice (2nd ed. 1996).

Publications

· Are You Your Client's Agent?
New Jersey Law Journal, August 2, 2004
John MacKay

· Court Adopts Modified Business Judgment Rule
New Jersey Law Journal, September 2, 2002
John MacKay

· Determining Oppressed Shareholder Rights
New Jersey Law Journal, September 1999
John MacKay

Clerkships

· New Jersey Supreme Court, Honorable Joseph Weintraub

Affiliations

· New Jersey Corporation Law Revision Commission
- Chair (1978-1987)
- Secretary (1969-1974)

· Member, ABA Committee on Corporate Laws (Model Business Corporation Act) (1979-1986)

· President, Newark Day Center (1975-1977)

· Adjunct Faculty, Rutgers University School of Law (1978-1981; 1995)

· President, Rutgers University School of Law Alumni Association (1980-1981)

· Adjunct Faculty, Seton Hall University School of Law (1973-1975; 2000)

· Trustee, United Way of Essex and West Hudson (1979-1986)

· American Bar Association

· New Jersey State Bar Association

· Essex County Bar Association

Practice Areas: Corporate.Email: John R. MacKay

Bruce D. Shoulson (Of Counsel) born 1940; admitted to bar, 1965, New Jersey. Education: Columbia University (B.A., cum laude, 1961); Harvard Law School (LL.B., cum laude, 1964).

Bruce D. Shoulson was a member of the firm for more than 30 years. His practice emphasized health care matters but also included general corporate, real estate and administrative law as well as land use planning. In 2001, Mr. Shoulson left the firm to become General Counsel to Net2Phone, Inc. (NASDAQ). In addition, he served as the president of that company's broadband division for more than a year. Mr. Shoulson returned to Lowenstein Sandler in June 2005 and served as the firm's General Counsel thru 2008.

Press Mentions

· Bruce Shoulson comments on the increasing number of large law firms that are designating ethics counsel, a role he fills at Lowenstein Sandler., New Jersey Law Journal, December 11, 2008

Affiliations

· Award Recipient, Community Service Award of Agudath Israel of America

· Award Recipient, United Jewish Federation of MetroWest, Julius and Bessie Cohn Young Leadership Award

· Congregation Ahawas Achim B'nai Jacob and David, West Orange, New Jersey

· First Vice President (1991-1994)

· Daughters of Israel Geriatric Center, West Orange, New Jersey

· Trustee

· Vice President

· Joseph Kushner Hebrew Academy (formerly Hebrew Youth Academy of Essex County)

· Chairman (1983-1985)

· President (1980-1983)

· Jewish Education Association of MetroWest

· Vice President and Trustee

· Newark Beth Israel Medical Center

· Vice President and Trustee

· Ramaz School, New York, New York

· Trustee

· Torah Education Network

· Co-Chair

· United Jewish Appeal Lawyers Division and Presidential Division

· Co-Chair

· United Jewish Federation of MetroWest

· Trustee

· Vice President, Member of the Executive Committee

· Chair, Nominating Committee

· Rabbi Isaac Elchanan Theological Seminary, Yeshiva University

· Trustee (1988-present)

· American Bar Association

· New Jersey State Bar Association

· Essex County Bar Association

Email: Bruce D. Shoulson

Peter L. Skolnik (Of Counsel) born 1944; admitted to bar, 1988, New York; 1993, New Jersey; 1988, U.S. District Court, Southern District of New York; 1991, U.S. Supreme Court; 1993, U.S. District Court, District of New Jersey; 1997, U.S. Court of Appeals, Second Circuit; 1997, U.S. Court of Appeals, Third Circuit. Education: Harvard University (B.A., 1966); Columbia University (M.F.A., Stage Directing, 1968); Benjamin N. Cardozo School of Law (J.D., magna cum laude, 1987).

Peter L. Skolnik is Chair of the firm's Media and Entertainment Practice, and concentrates his litigation practice in the areas of media and entertainment law, First Amendment law, intellectual property litigation and counseling, and complex civil litigation.

Mr. Skolnik counsels clients and litigates copyright and trademark matters around the country for high tech companies, publishers, broadcasters, authors, literary estates and arts organizations. He represented the Estate of Vladimir Nabokov successfully in a highly celebrated case involving infringement of the copyright to Lolita; successfully defended David Chase, creator of The Sopranos, through litigation and trial concerning early development of the enormously successful television series; and defended filmmaker Jamie Johnson against an invasion of privacy suit arising from his award-winning documentary for HBO, Born Rich, in which Mr. Skolnik appears. Mr. Skolnik also mounted a successful First Amendment pro bono defense of cult expert Rick Ross, in defamation litigation brought by Landmark Education about criticisms of Landmark's "Forum" that appear on Ross's web site.

Mr. Skolnik's media law practice includes representing media organizations in defamation actions and in actions to obtain access to courtrooms and court records. Mr. Skolnik is author of the New Jersey section in the Media Law Resource Center's Annual 50-State Survey of Privacy and Related Torts. His trademark litigation practice includes enforcement of licensing agreements and restrictive covenants, the application of U.S. law to acts of infringement abroad and other issues. Mr. Skolnik is listed among The Best Lawyers in America in the first amendment law section. In addition, he was featured in the 2005-2012 issues of Super Lawyers in the First Amendment/Media Law section of the publication.

Mr. Skolnik is an Adjunct Professor of International Copyright Law at the Benjamin N. Cardozo School of Law, has been an Adjunct Professor of Publishing Law at New York Law School, and was formerly both a successful theatrical producer/director and seven-term president of a national association of literary agents. Mr. Skolnik is Chair of the New Jersey Media Lawyers Association, and a Member of the Board of the New Jersey Volunteer Lawyers for the Arts.

Articles Quoting Peter L. Skolnik

· "Think You Can Pull a Fast One on David Chase's Lawyer? Fuhgeddaboutdit!," Hank Bordowitz, New Jersey Super Lawyers, May 2005

Publications

· Caveat Scriptor: Don't Get Burned By Boilerplate Releases
ABA Entertainment and Sport Law Journal, Summer 2006
Peter Skolnik, Matthew Savare

· Cross-border Application of the Lanham Act Causing Confusion in Trademark Law
New Jersey Law Journal, July 1998
Peter Skolnik, Steven Hecht

· First Fair Use Amendment Cases are 'Net-Related'
The National Law Journal, May 1998
David Harris, Peter Skolnik

· Ruling Curbs Lanham Act's Cross-Border Reach
The National Law Journal, May 1998
Peter Skolnik, Steven Hecht

Press Mentions

· Peter L. Skolnik and Michael A. Norwick featured for their representation of Rick A. Ross, anti-cult blogger and counterclaim plaintiff in litigation brought by the NXIVM Corp. - a provider of executive training programs., New York Law Journal, March 6, 2007

Related Industries

· Media & Entertainment

Affiliations

· Chair, New Jersey Media Lawyers Association

· Former Chair, Media Law Committee, New Jersey State Bar Association

· President, New Jersey Volunteer Lawyers for the Arts

· Copyright Society of the USA

· American Intellectual Property Law Association

· American Bar Association
- Intellectual Property, Communications and Litigation Sections

· Media Law Resource Center (MLRC), Defense Counsel Section

Practice Areas: Commercial & Business Litigation; Intellectual Property Litigation; Litigation.Email: Peter L. Skolnik

Joseph LeVow Steinberg (Of Counsel) born 1934; admitted to bar, 1960, New Jersey; 1966, U.S. Supreme Court. Education: Harvard College (B.A., magna cum laude, 1956) Phi Beta Kappa; Harvard Law School (LL.B., cum laude, 1959).

Joseph LeVow Steinberg has more than 40 years of experience in financial and real estate transactions, representing clients in the banking, retail, manufacturing and services industries. Mr. Steinberg is listed among The Best Lawyers in America and the Chambers USA Guide to America's Leading Lawyers for Business in the real estate sections. In addition, he was recognized in the 2005-2011 editions of Super Lawyers in the area of Real Estate.

Mr. Steinberg represents financial institutions in term, revolving, asset-based and mortgage lending transactions, as well as in "workouts" within and outside formal insolvency proceedings.

His real estate practice includes assisting clients in leasing, acquisitions, sale and mortgage transactions, as well as with related environmental problems. He regularly appears before governmental agencies, particularly municipal planning and zoning boards and lectures to banking groups.

Affiliations

· Harvard Alumni Association, Regional Director (1996-1999)

· Harvard Club of New Jersey

· President (1980-1981)

· President, New Jersey Association on Correction (1972-1974)

· New Jersey Department of Institutions and Agencies

· Ad Hoc Committee on Children's Services

· Trustee, Pitzer College, Claremont, CA (1986-1989)

· New Jersey State Bar Association

· American Bar Association

· Essex County Bar Association

Email: Joseph LeVow Steinberg

COUNSEL

Cole Beaubouef (Counsel) born 1974; admitted to bar, 2006, New York; New Jersey. Education: New York University (B.A., History and Middle Eastern Studies, cum laude, 1998); Brooklyn Law School (J.D., 2005) Carswell Merit Scholar, Associate Managing Editor, Brooklyn Journal of International Law, and Fellow, International Business Law Fellowship.

Cole Beaubouef is Counsel to the firm's Investment Management Group, which was selected as one of the preeminent practices in the United States for its representation of hedge funds and private funds (2011 and 2010) and derivatives/private equity work (2011) by Best Law Firms, published by U.S. News and Best Lawyers. He is also a member of the firm's Corporate Department. Mr. Beaubouef's practice includes structuring and forming private funds and managed accounts with various investment strategies, investment adviser regulation and compliance, and advising on regulatory and compliance matters relating to commodity pool operators and commodity trading advisors.

Publications

· CFTC Issues Final Rules Amending Registration and Compliance Obligations for CPOs and CTAs
Investment Management Client Alert, February 2012
Scott Moss, Cole Beaubouef, George Danenhauer

· Registration of Related Entities of a Registered Investment Adviser - SEC Issues No-Action Letter Interpretive Guidance
Investment Management Client Alert, January 25, 2012
Scott Moss, George Danenhauer, Cole Beaubouef

· Dodd-Frank Act Rulemaking - SEC and CFTC Release Joint Final Rules Relating to Form PF
Investment Management Client Alert, November 2011
Scott Moss, George Danenhauer, Cole Beaubouef

· Reminder: Rule 13h-1 (The Large Trader Reporting Rule) Compliance Date Is December 1, 2011; Effective Date Was October 3, 2011
Metropolitan Corporate Counsel, November 2011
Scott Moss, Cole Beaubouef

· Dodd-Frank Act Rulemaking: SEC Approves Final Version of Form PF
Investment Management Client Alert, October 2011
Scott Moss, George Danenhauer, Cole Beaubouef

· Reminder: Rule 13h-1 (the Large Trader Reporting Rule) Compliance Date is Dec. 1, 2011; Effective Date Was Oct. 3, 2011
Investment Management Client Alert, October 2011
Scott Moss, Cole Beaubouef

· Dodd-Frank Rulemaking: SEC Releases Final Rules Clarifying Certain Registration Exemptions, Planning for Transition of Mid-Sized Investment Advisers
Investment Management Client Alert, September 2011
Scott Moss, Cole Beaubouef

· Dodd-Frank Act Rulemaking - SEC Issues Order Adjusting Dollar Amount Thresholds For Qualified Client Rule Under the Advisers Act
Investment Management Client Alert, July 19, 2011
Scott Moss, Marie DeFalco, David Goret, Cole Beaubouef

· Dodd-Frank Act Rulemaking: SEC Releases Final Rules Relating to Registration and Oversight of Investment Advisers
Investment Management Client Alert, June 2011
Scott Moss, Cole Beaubouef

· Dodd-Frank Act Rulemaking - SEC Proposes Revisions to "Qualified Client" Rule Under the Advisers Act
Investment Management Client Alert, May 18, 2011
Scott Moss, David Goret, Cole Beaubouef

· Significant Legislative and Regulatory Developments in 2010; Q1 and Q2 2011 Checklist
Investment Management Client Alert, March 2011
Scott Moss, Cole Beaubouef, George Danenhauer

· Dodd-Frank Act Rulemaking - SEC and CFTC Release Proposed Rule Relating to Private Fund Systemic Reporting
Investment Management Client Alert, February 1, 2011
Scott Moss, David Goret, Cole Beaubouef

· Dodd-Frank Rulemaking: SEC Releases Proposed Rules Clarifying Certain Registration Exemptions and Planning for the Transition of Mid-Sized Investment Advisers
Investment Management Group, December 2010
David Goret, Scott Moss, Cole Beaubouef

· Dodd-Frank Act Rulemaking - SEC Releases Proposed Rules Relating to Oversight of Investment Advisers
Investment Management Client Alert, November 23, 2010
David Goret, Scott Moss, Cole Beaubouef

· SEC "Pay to Play" Rules Restrict Political Contributions by Investment Advisers
Investment Management Client Alert, July 22, 2010
Scott Moss, David Goret, Michael Long, Cole Beaubouef, Gal Davidovitch

· Dodd-Frank Bill Moves Toward Passage: Highlights of the Investment Adviser Registration Requirements, Accredited Investor Standard and the Volcker Rule
Investment Management Client Alert, July 14, 2010
David Goret, Scott Moss, Cole Beaubouef

· Financial Industry Regulatory Reform Approved by Joint Congressional Conference Committee
Investment Management Client Alert, June 25, 2010
Scott Moss, Elaine Hughes, Cole Beaubouef

· Comprehensive Financial Industry Regulatory Reform Moves Forward in the U.S. Senate
Investment Management Client Alert, May 25, 2010
David Goret, Scott Moss, Cole Beaubouef, Edward Newlands

· SEC Releases Final Rules to Strengthen Custody Controls of Investment Advisers
Investment Management Client Alert, February 11, 2010
Scott Moss, Cole Beaubouef, Edward Newlands

· Comprehensive Financial Industry Regulatory Reform Moves Forward in the U.S. House of Representatives
Investment Management Client Alert, January 5, 2010
Marie DeFalco, Scott Moss, Cole Beaubouef, Edward Newlands

· SEC and CFTC Issue Joint Report on Harmonization of Regulation
Investment Management Client Alert, October 27, 2009
Scott Moss, Cole Beaubouef

· Draft Legislation Released Regarding Investment Adviser Registration
Investment Management Client Alert, October 9, 2009
Scott Moss, Cole Beaubouef

· SEC Releases Proposed Rules Addressing Political Contributions By Certain Investment Advisers
Investment Management Client Alert, August 11, 2009
Scott Moss, Cole Beaubouef

· Financial Industry Regulatory Reforms Begin to Take Shape: What Has Happened and What It Means for Investment Management Firms and Professionals
Bloomberg Law Reports, July 2009
Scott Moss, Cole Beaubouef

· Spotlight on Investment Adviser Registration - Obama Administration Moves Forward with Regulatory Reform Agenda
Investment Management Client Alert, July 17, 2009
Scott Moss, Cole Beaubouef

· SEC Releases Proposed Rules to Strengthen Custody Controls of Investment Advisers
Investment Management Alert, May 27, 2009
Scott Moss, Cole Beaubouef

· SEC Proposes Rules to Strengthen Custody Controls of Investment Advisers
Investment Management Alert, May 19, 2009
Scott Moss, Cole Beaubouef

· President's Working Group on Financial Markets Releases Final Reports Concerning Best Practices for the Hedge Fund Industry
Investment Management Client Alert, February 2009
Scott Moss, Cole Beaubouef

Practice Areas: Corporate; Investment Management.Email: Cole Beaubouef

Joseph A. Becht, Jr. (Counsel) born 1970; admitted to bar, 1998, New Jersey; 2001, Virginia. Education: Rutgers, The State University of New Jersey (B.A., with honors, 1993); Georgetown University Law Center (J.D., 1997) Staff Member, The Tax Lawyer.

Joseph A. Becht, Jr. is Counsel to the firm's Corporate Group and a member of the Tech Group. Mr. Becht's practice includes mergers and acquisitions, private equity transactions and general corporate matters.

Publications

· Secured Lenders Do Not Have an Absolute Right to Credit Bid
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, March 24, 2010
Sharon Levine, Sheila Sadighi, S. Jason Teele, Joseph Becht, Jr.

Practice Areas: Corporate; Mergers & Acquisitions; Tech Transfer; Venture Capital, Angel Investing, and M&A.Email: Joseph A. Becht, Jr.

Sarah Blaine (Counsel) admitted to bar, 2005, New Jersey. Education: Wesleyan University (B.A., 1997); University of Maine (M.A.T., 1999); Rutgers University School of Law - Newark (J.D., with high honors, 2005) Order of the Coif, Member, Women's Rights Law Reporter.

Sarah Blaine is Counsel to the firm's Litigation Department, and a member of its Securities Litigation Practice Group. Ms. Blaine focuses her practice on securities, corporate governance, and complex commercial litigation.

Ms. Blaine's securities litigation experience includes representing a former employee of a Fortune 500 corporation in Securities and Exchange Commission civil enforcement proceedings, defending corporations and their directors who are sued for violations of federal securities laws, representing private equity defendants in Section 16(b) short-swing profits cases, and representing institutional clients seeking redress for losses suffered due to securities fraud.

Ms. Blaine also has significant complex commercial litigation experience, which includes representing outside directors in shareholder derivative litigation as well as representing defendants in antitrust and contract disputes. She also played a significant role in obtaining a favorable jury verdict in the successful defense of a Massachusetts medical research company against claims by a former advisor for breach of contract and unfair trade practices.

Prior to joining the firm, Ms. Blaine served as a judicial extern for the Honorable Julio M. Fuentes of the United States Third Circuit Court of Appeals.

Practice Areas: Antitrust & Trade Regulation; Appellate; Litigation; Securities Litigation.Email: Sarah Blaine

Julie Ann Boas (Counsel) born 1975; admitted to bar, 2003, New Jersey; 2004, New York. Education: Barnard College (B.A., 1998); Fordham University School of Law (J.D., 2003) Member, Fordham International Law Journal.

Julie Ann Boas is Counsel to the firm's Corporate Department and a member of the firm's Real Estate Practice Group. Ms. Boas' practice focuses on the leasing, financing, purchase, and sale of real estate property.

Publications

· Insisting on Time of Essence Closing May Backfire
New Jersey Law Journal, January 28, 2008
Julie Boas

· Special Leasing Considerations for Tech Companies
New Jersey Law Journal, June 25, 2007
Julie Boas

Affiliations

· American Bar Association

· New Jersey State Bar Association

Practice Areas: Corporate; Real Estate.Email: Julie Ann Boas

Kevin M. Brennan (Counsel) admitted to bar, 2001, New Jersey and New York; 2001, U.S. Court of Appeals, Ninth Circuit; 2002, U.S. District Court, Southern District of New York; Federal District Court of New Jersey. Education: University of Michigan, Ann Arbor (B.S., Political Science, with honors, 1997); Boston University School of Law (J.D., cum laude, 2000) G. Joseph Tauro Distinguished Scholar.

Kevin M. Brennan is Counsel in Lowenstein Sandler's Litigation Department, and is a member of the firm's Business Litigation Practice Group and Class Action and Derivative Litigation Group. Kevin has extensive experience in both State and Federal court. He has represented clients in complex commercial litigation, breach of contract claims, shareholder derivative litigation, securities litigation, SEC investigations, products liability litigation, defamation actions, letter of credit disputes, and minority shareholder disputes.

From 2005 to 2007, Mr. Brennan served as an associate with Sidley Austin LLP in New York where his practice concentrated on commercial litigation, securities class actions, and responding to SEC and NASD investigations. From 2000 to 2004, Mr. Brennan was associated with Arnold & Porter LLP in New York where his practice focused on commercial litigation, products liability class actions, and securities litigation.

Press Mentions

Kevin M. Brennan is highlighted for being named "Young Irishman of the Year" by the Friendly Sons of St. Patrick of the Oranges., Caldwell Progress, February 26, 2010

Practice Areas: Business Divorce; Capital Markets Litigation; Class Action & Derivative Litigation; Commercial & Business Litigation; Litigation.Email: Kevin M. Brennan

Lawren H. Briscoe (Counsel) born 1978; admitted to bar, 2004, Pennsylvania; New Jersey. Education: Howard University (B.S., 2001); University of Pennsylvania School of Law (J.D., 2004).

Lawren Briscoe is Counsel to the firm's Litigation Department and a member of the Employment Practice Group. Ms. Briscoe focuses her practice on all aspects of employment law including defending employers against discrimination claims involving race, gender, age, disability and national origin; wage and hour violation claims; and sexual harassment claims. She also counsels employers on employment policies and contracts, protection of proprietary information, termination, discipline, hiring procedures and compliance with FLSA wage and hour laws.

Prior to joining Lowenstein Sandler, Ms. Briscoe was an associate at Cohen Seglias Pallas Greenhall & Furman, PC. in Philadelphia.

Publications

· Tweets, Twitter and Trade Secrets: Who Owns an Employee's Twitter Followers?
Employment Law Alert, February 2012
Lawren Briscoe, Matthew Savare

· Employee Misclassification: A Current State of Affairs
New York Law Journal, February 16, 2012
Lawren Briscoe

· Don't Forget the Annual Notice Requirements Under the New York Wage Theft Protection Act
Employment Client Alert, December 21, 2011
Lawren Briscoe

· New Jersey Department of Labor and Workforce Development Issues New Posting Requirement for New Jersey Employers
Employment and Labor Client Alert, December 2011
Lawren Briscoe

· Social Media in the Workplace
New Jersey Law Journal, May 9, 2011
Amy Wiwi, Lawren Briscoe

· The Supreme Court Holds That Oral Complaints Are Protected Activities Under the Anti-Retaliation Provisions of the Fair Labor Standards Act
Employment and Labor Client Alert, March 2011
Amy Wiwi, Lawren Briscoe

Practice Areas: Employment; Litigation.Email: Lawren H. Briscoe

Anita L. Chapdelaine (Counsel) born 1970; admitted to bar, 1996, New Jersey; 1999, New York. Education: University of Notre Dame (B.S., 1992); Tulane University Law School (J.D., cum laude, 1996), Editor, Environmental Law Journal.

Anita L. Chapdelaine is Counsel to the firm's Corporate Department. Ms. Chapdelaine's practice focuses on providing counsel to public and private companies on securities laws, mergers and acquisitions and general corporate matters.

Recent Speaking Engagement:

· DealFlow SPAC Conference 2008, Panelist, Topic: Regulatory Implications for Foreign Private Issuers, New York, NY, June 4-5, 2008

Publications

· New SEC Proposals Would Greatly Streamline Capital Formation For Smaller Public Companies
Specialty Finance, Corporate and Securities Group Alert, May 24, 2007
John Hogoboom, Steven Siesser, Steven Skolnick, Anita Chapdelaine

Practice Areas: Corporate; Corporate Finance & Securities; Investment Management; Mergers & Acquisitions.Email: Anita L. Chapdelaine

Bernard J. Cooney (Counsel) admitted to bar, 2006, New Jersey and New York. Education: Saint Joseph's University (B.S., 1999) Dean's List; Benjamin N. Cardozo School of Law (J.D., cum laude, 2005) Order of the Coif, Senior Staff Member, Cardozo Public Law, Policy & Ethics Journal.

Bernard J. Cooney is Counsel to Lowenstein Sandler's Litigation Department and a member of the White Collar Criminal Defense Group, Business Divorce Practice Group, and Appellate Practice Group. Mr. Cooney has represented clients in a diverse array of white collar criminal matters involving allegations of insider trading, stock options backdating, mail and wire fraud, and public corruption. His practice also includes complex civil matters, such as business divorce, consumer fraud, antitrust, and contractual disputes.

Prior to joining the firm, Mr. Cooney served as a judicial law clerk to the Honorable Steven L. Lefelt of the New Jersey Appellate Division.

Publications

· SEC v. Cuban, Round 2
The PIPEs Report, November 2, 2010
Steven Siesser, Matthew Oliver, Bernard Cooney

· SEC v. Mark Cuban - Could This Case Represent a Sea Change?
Specialty Finance Alert, May 28, 2009
Steven Siesser, Matthew Oliver, Bernard Cooney

Clerkships

· New Jersey Superior Court, Appellate Division, Honorable Steven L. Lefelt

Practice Areas: Appellate; Business Divorce; Litigation; White Collar Criminal Defense.Email: Bernard J. Cooney

Thomas S. Dolan (Counsel) admitted to bar, 2005, New Jersey. Education: Rutgers University - Newark (B.A., History, with honors, 2002); Rutgers University School of Law - Camden (J.D., 2005) Articles Editor, Rutgers Law Journal.

Thomas S. Dolan is Counsel to Lowenstein Sandler's Litigation Department.

Prior to joining Lowenstein Sandler, Mr. Dolan served as a Judicial Law Clerk to The Hon. Joseph C. Small, Presiding Judge of the Tax Court of New Jersey in Trenton, New Jersey.

In 2003, Mr. Dolan also served as an intern for the Hon. Petrese B. Tucker, U.S. District Court Judge, Eastern District of Pennsylvania.

Published Decisions:

· Stoddard v. Rutgers, The State University of New Jersey, et al., 24 N.J. Tax 187 (Tax 2008)

· AccuZIP, Inc. v. Director, New Jersey Division of Taxation, 25 N.J. Tax 158 (Tax 2009)

Clerkships

· Tax Court of New Jersey, Honorable Joseph C. Small, P.J.

Practice Areas: Litigation.Email: Thomas S. Dolan

Christopher M. Erb (Counsel) born 1978; admitted to bar, 2005, New Jersey; 2007, New York. Education: Rutgers, The State University of New Jersey (B.A., 2001); Rutgers University School of Law - Newark (J.D., 2004).

Christopher Erb is Counsel to the firm's Litigation Department and a member of the firm's Construction Law & Litigation practice group. He has successfully represented many large construction companies in connection with public contract procurement disputes, contract disputes, delay claims, design defect claims, product defect claims, and consumer fraud act claims.

Mr. Erb's litigation experience includes drafting pleadings, motions, legal memoranda and briefs, written discovery, affidavits and certifications; arguing motions; visiting and inspecting sites; mediating and arbitrating claims; and preparing contracts for clients in connection with construction and general commercial projects. Every year since 2008, Mr. Erb has been recognized as a Rising Star by Super Lawyers magazine.

Prior to joining Lowenstein Sandler, Mr. Erb was an associate at two New Jersey firms. He also served as a judicial law clerk to the Honorable Nicholas J. Stroumtsos, Jr. of the Superior Court of New Jersey.

Publications