Greenbaum, Rowe, Smith & Davis LLP
In This Issue:
- The Class Action Fairness Act of 2005: Major Reforms Bode Well for Defendants »
- New Deferred Compensation Rules Require Prompt Action by Sponsoring Employers »
- SELLER BEWARE - Contract Buyer's Rights to Your Property May Be Greater Than You Think »
- Enforceability of Non-Competition Agreements - Physicians »
- Supreme Court Upholds Power of Eminent Domain For Economic Redevelopment Purposes »
- Firm Announces Formation of Redevelopment Practice Group »
- Transactions »
- Highlights »
Exhibit A Newsletter - Winter 2006 Edition | Vol. 10 No. 1
We are pleased to announce that Stephen H. Knee has joined the firm as a Partner in the Corporate Department, Franklin M. Sachs has joined the firm as Of Counsel in the Litigation Department, and J. Warren Wood III has joined the firm as Of Counsel in the Corporate Department.
Steve is a graduate of New York University Law School and has been a member of the bar since 1965. He concentrates his practice in corporate law involving mergers and acquisitions, business counseling, financial services, securities regulation, and ecommerce and Internet law. He is listed in The Best Lawyers in America in the Corporate Law category and in Chambers USA - America’s Leading Business Lawyers in the Corporate/M&A category. Frank is a graduate of Columbia Law School and also has been a member of the bar since 1965. He concentrates his practice in complex litigation including commercial disputes, insurance coverage, malpractice, environmental, and white-collar criminal defense matters. He is listed in The Best Lawyers in America in the Business Litigation category. Warren is a graduate of the University of Virginia Law School and has been a member of the bar since 1971. He concentrates his practice in international and domestic alternative dispute resolution, general corporate and securities matters, non-profit organizations, and health care law. These recent additions to the firm add substantial experience and expertise to our Corporate and Litigation Departments.
This edition of Exhibit A includes a variety of articles on a number of significant issues. In their article entitled, “The Class Action Fairness Act of 2005: An Unprecedented Shift In State Class Actions to the Federal Courts,” Aron Schwartz and Gina Pontoriero discuss recently enacted federal legislation affecting class action litigation, the end result of which will be more class action litigation in the federal courts.
Hal Mandel’s article entitled, “Enforceability of Non-Competition Agreements - Physicians,” discusses the recent New Jersey Supreme Court decision upholding the enforceability of covenants not to compete and the limitations of those covenants in cases involving physicians.
In “Supreme Court Upholds Power of Eminent Domain For Economic Redevelopment Purposes,” Rob Beckelman discusses the United States Supreme Court’s decision in Kelo v. The City of New London, a case that might have a dramatic impact on development and redevelopment throughout the United States.
Bill Grand’s article entitled, “Seller Beware - A Contract Buyer’s Rights to Your Property May Be Greater Than You Think,” reviews a recent New Jersey Appellate Division case that addresses specific performance of real estate contracts, and provides some pointers on how both the buyer and seller can avoid common pitfalls.
Finally, in “New Deferred Compensation Rules Require Prompt Action by Sponsoring Employers,” Tom Senter and Lisa Clapp discuss the new rules impacting deferred compensation arrangements that were signed into law.
This edition also includes a list of recent programs that our attorneys have participated in and the honors and appointments they have received. We hope you enjoy this issue and welcome your comments and suggestions.
Very truly yours,
Paul A. Rowe
Managing Partner
Steve is a graduate of New York University Law School and has been a member of the bar since 1965. He concentrates his practice in corporate law involving mergers and acquisitions, business counseling, financial services, securities regulation, and ecommerce and Internet law. He is listed in The Best Lawyers in America in the Corporate Law category and in Chambers USA - America’s Leading Business Lawyers in the Corporate/M&A category. Frank is a graduate of Columbia Law School and also has been a member of the bar since 1965. He concentrates his practice in complex litigation including commercial disputes, insurance coverage, malpractice, environmental, and white-collar criminal defense matters. He is listed in The Best Lawyers in America in the Business Litigation category. Warren is a graduate of the University of Virginia Law School and has been a member of the bar since 1971. He concentrates his practice in international and domestic alternative dispute resolution, general corporate and securities matters, non-profit organizations, and health care law. These recent additions to the firm add substantial experience and expertise to our Corporate and Litigation Departments.
This edition of Exhibit A includes a variety of articles on a number of significant issues. In their article entitled, “The Class Action Fairness Act of 2005: An Unprecedented Shift In State Class Actions to the Federal Courts,” Aron Schwartz and Gina Pontoriero discuss recently enacted federal legislation affecting class action litigation, the end result of which will be more class action litigation in the federal courts.
Hal Mandel’s article entitled, “Enforceability of Non-Competition Agreements - Physicians,” discusses the recent New Jersey Supreme Court decision upholding the enforceability of covenants not to compete and the limitations of those covenants in cases involving physicians.
In “Supreme Court Upholds Power of Eminent Domain For Economic Redevelopment Purposes,” Rob Beckelman discusses the United States Supreme Court’s decision in Kelo v. The City of New London, a case that might have a dramatic impact on development and redevelopment throughout the United States.
Bill Grand’s article entitled, “Seller Beware - A Contract Buyer’s Rights to Your Property May Be Greater Than You Think,” reviews a recent New Jersey Appellate Division case that addresses specific performance of real estate contracts, and provides some pointers on how both the buyer and seller can avoid common pitfalls.
Finally, in “New Deferred Compensation Rules Require Prompt Action by Sponsoring Employers,” Tom Senter and Lisa Clapp discuss the new rules impacting deferred compensation arrangements that were signed into law.
This edition also includes a list of recent programs that our attorneys have participated in and the honors and appointments they have received. We hope you enjoy this issue and welcome your comments and suggestions.
Very truly yours,
Paul A. Rowe
Managing Partner
The Class Action Fairness Act of 2005: Major Reforms Bode Well for Defendants
Plaintiffs typically file class actions in state courts perceived as pro-plaintiff, while defendants often are unable to satisfy the strict requirements for removing such cases to federal court, the venue generally preferred by class action defendants. The recently-enacted Class Action Fairness Act of 2005 (the “Act”) now provides defendants significantly broader access to the federal courts and increases the level of judicial scrutiny over settlements and attorneys’ fees.
Read More »
Plaintiffs typically file class actions in state courts perceived as pro-plaintiff, while defendants often are unable to satisfy the strict requirements for removing such cases to federal court, the venue generally preferred by class action defendants. The recently-enacted Class Action Fairness Act of 2005 (the “Act”) now provides defendants significantly broader access to the federal courts and increases the level of judicial scrutiny over settlements and attorneys’ fees.
Read More »
New Deferred Compensation Rules Require Prompt Action by Sponsoring Employers
On October 22, 2004, President Bush signed into law the American Jobs Creation Act of 2004 (“Act”). Contained in its numerous provisions is the enactment of Section 409A of the Internal Revenue Code of 1986, as amended (“Code”), which makes substantial changes in the rules governing “non-qualified deferred compensation” arrangements.
Read More »
On October 22, 2004, President Bush signed into law the American Jobs Creation Act of 2004 (“Act”). Contained in its numerous provisions is the enactment of Section 409A of the Internal Revenue Code of 1986, as amended (“Code”), which makes substantial changes in the rules governing “non-qualified deferred compensation” arrangements.
Read More »
SELLER BEWARE - Contract Buyer's Rights to Your Property May Be Greater Than You Think
Is the following scenario fact or fiction?
Read More »
Is the following scenario fact or fiction?
Read More »
Enforceability of Non-Competition Agreements - Physicians
In the Fall of 2003, we reported on the importance and enforceability of non-competition agreements. In two recent decisions, Community Hospital Group, Inc. v. More, et al. and Christopher Pierson, M.D. v. Medical Health Centers, P.A. and Joseph Clemente, M.D., the New Jersey Supreme Court confirmed once again that a post-employment restrictive covenant in an employment agreement between physicians or between a physician and a hospital is not per se, unreasonable and unenforceable.
Read More »
In the Fall of 2003, we reported on the importance and enforceability of non-competition agreements. In two recent decisions, Community Hospital Group, Inc. v. More, et al. and Christopher Pierson, M.D. v. Medical Health Centers, P.A. and Joseph Clemente, M.D., the New Jersey Supreme Court confirmed once again that a post-employment restrictive covenant in an employment agreement between physicians or between a physician and a hospital is not per se, unreasonable and unenforceable.
Read More »