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Governor Christie signs Minor’s Tanning bill into law

On April 1, 2013, Governor Christie signed A-2142 (Caputo, 28th)/S-1172 (Weinberg, 37th), a bill which prohibits minors under 14 years of age from using spray tanning in tanning facilities and prohibits minors under 17 years of age from using tanning beds.  Ryan M. Jones has been working closely with the legislature to ensure its passage and proved to be a major victory for the state’s youth.

Along with his signature, Governor Christie issued a signing statement acknowledging the increased cancer risks associated with indoor tanning.

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Nonetheless, I sign this bill because of the documented and well-understood risks associated with misuse of indoor tanning systems. According to the Centers for Disease Control and Prevention, the overuse of indoor tanning has been associated with an increased risk for skin cancer, the most common form of cancer in the United States. Exposure to UV radiation, either from sunlight or indoor tanning devices, is perhaps the most avoidable known risk factor for skin cancer. Use of tanning devices is particularly dangerous for the young, as studies indicate that individuals who begin tanning before age thirty-five have a 75% higher risk of melanoma. In all, the evidence suggests that limiting indoor tanning among minors may prevent some incidence of cancer later in life and, for that reason, I sign Assembly Bill No. 2142 into law.

In addition, fellow Republican and melanoma survivor, Assemblywoman Schepisi (39th), issued a statement commending the Governor for raising awareness on this issue.

  I know first-hand the dangers of using tanning beds and the potential harm they can cause. The lure of enhancing one’s attractiveness can be very enticing, but the hidden dangers are not always known or manifested until years later. I was fortunate in overcoming my malignancy. Unfortunately, there are times when the diagnosis from this cosmetic enhancement comes too late and does irreparable harm to young vibrant lives that are full of potential. The new law will at least raise awareness of this aesthetic procedure and give people pause before using it.

Together with our client, American Cancer Society, Cancer Action Network, we commend the hard work on the passage of this legislation.

Andrew Bayer and William C. Katz receive favorable ruling in Nursing Home matter before Appellate Division

On March 25, 2013, the Superior Court of New Jersey, Appellate Division, issued a decision in the respondent/defendant’s favor in the matter Liberty House Nursing Home of Jersey City, Inc., d/b/a Liberty House Nursing Home v. GRE Jersey City, Inc., Docket No. A-0206-11T1.  GluckWalrath served as attorneys for the respondent/defendant, represented by Andrew Bayer, with William C. Katz on the brief.  The decision shall serve as precedent in determining ownership of a Nursing Home’s Certificates of Need when operator leases are terminated.

After winning a favorable ruling at the trial court (Chancery Division, Hudson County, Docket No. C-53-10), the appellant filed this appeal.  At trial, the court concluded that the respondent validly terminated the appellant’s tenancy, the 2005 “Memorandum of Lease” executed in 2005 did not create an enforceable agreement or provide for an option to renew.  It also determined that the respondent, the Nursing Home owner, was the sole owner of the right to apply for a license to operate the nursing home with Certificates of Need for one hundred and eighty beds, and that the appellant had only been operating the leased property.

On appeal, the Appellate Division found that the party’s intentions to not be bound by the 2005 Memorandum of Lease was supported by credible evidence, binding them to the lower court’s decision.  The Appellate Division also found that the record fully supports the lower court’s determination that the respondent was “merely leasing its right to apply for an operator’s license at the subject property to Liberty House during the term of the lease[,]” the opportunity to apply for the license “would revert back to [the respondent] as owner of the facility that was built solely as a nursing home pursuant to the custom in the industry[,]“ and reasoned that respondents opportunity to seek this license, with its attendant bed rights, reverted to respondent.

Andrew Bayer believes this decision will serve to guide future legal issues between Nursing Homes and third-parties in the future. “The decision rendered today will bring clarity to this particular area of contract formation between operators and owners. Bed rights have become somewhat of a confusing concept because of the limited number of licenses available in New Jersey and the [Appellate Division's] ruling provides more context defining that term.”

For additional details on the March 25, 2013 ruling, read the decision online.

Michael Gluck co-chairs KidsBridge Walk2Stop Bullying

Walk2StopKidsBridgeAlong with Wells Fargo and Capital Health, Michael Gluck is serving as Honorary Event Chair to organize the 2nd Annual KidsBridge Walk2Stop Bullying to be held Sunday, June 2, 2013 from 9 a.m. until Noon at The College of New Jersey campus in Ewing, New Jersey.  KidsBridge is a non-profit organization dedicated to providing imaginative, hands-on exhibits in the KidsBridge Tolerance Museum.  These programs focus on: “UPStander” versus bystander behavior; anti-bullying and anti-cyberbullying; tolerance; diversity appreciation and respect for all persons; victim expowerment and positive self-esteem; conflict resolution and empathy.

From the KidsBridge Museum website:

The Kidsbridge Tolerance Museum is the only youth-oriented tolerance museum in the United States, and is generously housed on the campus of The College of New Jersey in Ewing. Each year more than 2,000 students and 200 educators visit the Museum, learning strategies to better deal with the challenging character education and diversity appreciation issues facing today’s youth. The Museum includes components of the exhibit “Face to Face: Dealing with Prejudice and Discrimination,” created by the Chicago Children’s Museum and purchased by Kidsbridge in 2006.  In an open and interactive environment (also known as a learning lab), TCNJ students and professors, along with volunteer retired educators from the local community, meaningfully interact with visiting elementary and middle school students and educators. To date, more than 10,200 youth have visited the Museum.

To learn more about this event, to sponsor a team, or to donate, please visit KidsBridge Museum.

Patti Dixon raises awareness for American Lung Association in Fight for Air Climb

Indy-WalkOn March 23rd, Patti Dixon will be participating in the 2013 Fight for Air Climb at Logan Square in Philadelphia. The event raises awareness and supports the American Lung Association, with a mission to rally against Asthma, Second Hand Smoke, and Lung Cancer. On March 23rd, Patti will climb 50 flights of stairs (1088 steps to be exact) with her team.

The American Lung Association is the leading organization working to save lives by improving lung health and preventing lung disease through Education, Advocacy and Research. With the generous support of individuals like Patti, the organization is “Fighting for Air.” Support for the American Lung Association supports the fight for healthy lungs and healthy air, helping to save lives today and keep America healthy tomorrow.

We encourage all to learn more about the event or support Patti as we wish her good luck.

GluckWalrath supports Cooper’s Ferry Partnership

CoopersFerryIn the firm’s continued effort to provide legal services to clients dedicated to serve the public good, GluckWalrath is proud of its representation of Cooper’s Ferry Partnership.  This private, non-profit corporation was founded in 1984 with its initial mission to implement strategic urban redevelopment projects along Camden, New Jersey’s waterfront section along the Delaware River.  With its initial successes in projects such as the Adventure Aquarium, the Susquehanna Bank Center, and Campbell’s Field, Cooper’s Ferry has now expanded its efforts throughout the entire city of Camden.

It is an honor to provide legal assistance to such a tremendous civic organization as they aim to rebuild one of New Jersey’s most historic cities.

From Cooper’s Ferry’s website: “Through an assortment of completed, ongoing, and developing projects, Cooper’s Ferry Partnership is committed to leveraging crucial economic development, using strategic planning to lay the groundwork for major redevelopment projects & initiatives in a revitalized Camden. CFP uses these projects to forward its mission of improving the City of Camden as a place to live, work, visit, and invest.”

Welcoming Associate Troy Kaplan and Kerry Morgan’s return

GluckWalrath is pleased to announce the addition of two associates to the firm. Troy F. Kaplan will be joining the litigation team in the Trenton office, while Kerry Morgan will be dedicating her time as bond counsel in the Red Bank office.

Mr. Kaplan’s practice will focus on litigation, municipal law, and business law.  Mr. Kaplan has joined our firm after running a solo general law practice focusing on small business, entertainment and medical cannabis matters in Greater Los Angeles.  He concurrently acted as a private business consultant to entrepreneurial clients seeking licensure and/or general market advice in Colorado, Oregon, Washington, Nevada, Michigan, Hawaii, Arizona, Delaware, New Jersey, New York, Massachusetts, and Washington DC.   He has also produced two independent feature films, one of which won Best Feature Film in Atlantic City’s Downbeach Film in 2010 and is currently available on Netflix. Mr. Kaplan grew up in Cherry Hill, NJ, and currently resides in New York City.

Ms. Morgan has returned to GluckWalrath, where she began her legal career, bringing over 15 years experience as bond counsel, underwriter’s counsel, and trustee’s counsel in all areas of public finance.  She has represented numerous municipal clients and improvement authorities throughout New Jersey.  Ms. Morgan also represents school boards of education as their bond counsel, providing legal guidance through the referendum process, financing of school construction projects and issuance of school debt. She has also assisted school boards and municipalities in the general counsel role, advising clients on legal matters involving public meetings, public records, contract, labor and personnel issues. Ms. Morgan resides with her husband and three children in Spring Lake Heights, New Jersey, where she is active as the school board president and basketball coach.

Government Affairs department releases Tobacco Tax Parity analysis brief

PhotoAs part of its work with the American Cancer Society, Cancer Action Network, GluckWalrath‘s Government Affairs recently published a policy brief analyzing the current landscape of health related tobacco taxes within the State.  As a matter of public policy, the government attempts to offset the health and social costs of usage through consumption taxes.  However, current law unintentionally treats varying types of tobacco unequally.  This inequality has produced a new surge of consumers of lower taxed products, offsetting the purpose behind the policy.  The brief offers solutions to address the inequity in order to restrengthen the initial policy goals behind the initiative.

After the release of this brief, we find ourselves now working with members in various branches of New Jersey’s government to implement these changes in a fair and effective manner.

 

You can download a copy of the brief here.

Michael Gluck organizes fundraiser, raises over $25,000 to provide additional meals for Trenton Area Soup Kitchen

TASKCaroline Myss Benefit Lecture Raises $25,000 for Trenton Area Soup Kitchen (TASK)

On Friday November 16th, renowned lecturer and five-time best selling author Caroline Myss hosted her fourth benefit lecture to support the Trenton Area Soup Kitchen (TASK).

Besides organizing the event, Michael Gluck and his firm sponsored the lecture and benefit. “Our firm is blessed to be fortunate enough to take time to assist those who are in greatest need. We are deeply committed to the growth and health of our firm’s home, Trenton, New Jersey and are pleased with the success of this event,” said Michael Gluck, Managing Partner and Board Member of TASK. He added, “Caroline is a good friend and selflessly continues to offer her time to benefit this great cause. I’ve recently learned that Caroline has helped raise $275,000 for our group since 2003, which is an astounding tribute to her character and dedication to noble pursuits.”

The money raised from this event will enable TASK to serve an additional meal each week during this holiday season. Established in 2001, GluckWalrath has made it a priority to share our successes with the surrounding community. One of the firm’s core tenets reflects this philosophy: “Success is lonely when failing to reach out to your neighbor.” The partnership between TASK and GluckWalrath is strong and look forward to continuing our work with them.

Welcome to our new site

Just in time to celebrate GluckWalrath‘s 10th Anniversary, we are pleased to finally unveil our redesigned firm image. We undertook this task with the help of The Carmichael, who worked closely with us to understand our firm’s personality and articulate this image into a clear identity.

The Carmichael’s creative director expressed his understanding of GluckWalrath.

GluckWalrath offers specialization in a plethora of areas not typical of a firm of its size. This combination puts the firm in a unique spot: they offer solutions to complex concepts while maintaining a friendly and unintimidating relationship with clients. Internally, GluckWalrath feels more like an extended family than a group of professionals. Although they focus on results, it was astonishing to observer how willing colleagues are to help each other out.

We took this understanding and sought to communicate these qualities succinctly. First, our expression needed to communicate the professionalism of the firm’s accomplishments inextricably melded with that strong sense of collegiality and friendliness that are relatively unfamiliar in this environment. Second, it was crucial to express the dichotomy at play with the firm’s unique small firm environment with their bold specialization in practice areas typically reserved for large firms. Finally, we sought to express this unique mix of traits in a memorable and unique way, without feeling derivative or kitschy. Our final design needed to be confident while maintaining a respect for the tradition of the law.

From The Carmichael’s press release:

To create the firm’s identity, we utilized an argyle mascle for it’s balanced geometry. The mascle interlocks two parallel pennons symbolizing partnership and synergy. The overlapping sections form a distinctive and conservative, yet unstuffy blue, underscoring the professionalism evident within GluckWalrath’s walls. The upper pennon represents the firm’s energy, potential for growth, and friendly personality, denoted in pine green. The lower pennon, expressed in royal purple, lays a distinguished foundation, suggesting quality, power, and wisdom. Purple also stands proud as the color of the profession. Together, the pennons form a lozenge, coated in gold, reinforcing the quality of GluckWalrath’s work product. The wordmark’s face is set in Verlag, an Art Deco font, originally commissioned for the Guggenheim. The font harks to an eloquence of an earlier era when anything seemed possible, while maintaining a mystical sense of future optimism. Amazingly, it communicates this posture, while feeling unpretentious, yet dignified.

We hope you take a look around, and if you feel so inclined, tell us what you think.

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Andrew Bayer successful on motion regarding future of Newark’s water system

Cory Booker wins legal challenge against resident-driven petition

Arguing for the city, attorney Andrew Bayer claimed the ordinance rested on shaky legal grounds. He said it undercut the power of future mayors and city councils to create an MUA.

“(The ordinance) says thou shalt not create an MUA, unless you get voter approval,” Bayer said. “That’s backwards.”

Superior Court Judge Dennis Carey granted Newark’s motion, enabling the Mayor to create a municipal utilities authority without having to have the question raised on referendum.