2019 gerry award...2019/03/05  · necessarily imply endorsement in any way of the views expressed....

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Each year the Bar Foundation presents a number of scholarship awards to deserving law school students. The application period has been extended through March 15. Applications must be received at Bar Headquarters no later than the March 15th deadline to be considered. Recipients will be notified in April, and awards will be presented at the Cocktails & Conversation Bench Bar Cocktail Party on May 22. For information about available law school scholarships, visit our website at www.camdencountybar.org and click on the blue “Scholarships” tab on the left side. Please spread the word! Law School Scholarship Applications Extended to March 15! Published by the Camden County Bar Association President’s Perspective . . . . . . . . . . . . . . . . . . . . . 3 Foundation Update ......................... 4 The Case of State v. Superman .............. 5 Personal Injury Law: Effect of the Slayer's Act on Personal Injuries . . . 7 Op-Ed ................................... 8 Young Lawyer Happenings ................. 10 Wine & Food ............................. 12 Factors to Consider in Valuing a Closely Held Business ................... 14 Inside VOL. 67, No. 3 March 2019 www.camdencountybar.org The Honorable Peter J. Devine, Jr. Award Honoring Hon. Joel B. Rosen, U.S.M.J. (ret.) & Thomas J. Hagner, Esq. Tuesday, April 9 th Caffe Aldo Lamberti—Cherry Hill $65 per person. Don’t miss this opportunity to congratulate and thank Tom Hagner and Joel Rosen for their years of commitment to the Camden County Bar Association and Foundation, and the community at large! Nominations Sought for Gerry Award The Judge John F. Gerry Award was established by the Camden County Bar Foundation to acknowledge the continuing outstanding contributions of a member of the Bar of the State of New Jersey, or a member of the State or Federal Judiciary in New Jersey, to the administration of justice in the State of New Jersey, who exemplifies the spirit and humanitarianism of Judge Gerry. The Foundation invites members of the bar and the public to nominate individuals to receive the 2019 Gerry Award, which will be presented at the annual Gerry Award Reception in October. Nominations should be made in writing and sent to: Kara Edens, Executive Director, Camden County Bar Association, 1040 N. Kings Highway, Suite 201, Cherry Hill, NJ 08034, no later than May 3, 2019. Nominations can also be emailed to [email protected]. 2019 GERRY AWARD

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Page 1: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Each year the Bar Foundation presents a number of scholarship awards to deserving law school students. The application period has been extended through March 15. Applications must be received at Bar Headquarters no later than the March 15th deadline to be considered. Recipients will be notified in April, and awards will be presented at the Cocktails & Conversation Bench Bar Cocktail Party on May 22. For information about available law school scholarships, visit our website at www.camdencountybar.org and click on the blue “Scholarships” tab on the left side. Please spread the word!

Law School Scholarship Applications Extended to March 15!

Published by the Camden County Bar AssociationPublished by the Camden County Bar Association

President’s Perspective . . . . . . . . . . . . . . . . . . . . . 3Foundation Update . . . . . . . . . . . . . . . . . . . . . . . . . 4The Case of State v. Superman . . . . . . . . . . . . . . 5Personal Injury Law: Effect of the Slayer's Act on Personal Injuries . . . 7Op-Ed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Young Lawyer Happenings . . . . . . . . . . . . . . . . .10Wine & Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Factors to Consider in Valuing a Closely Held Business . . . . . . . . . . . . . . . . . . .14

Inside

VOL. 67, No. 3 • March 2019 www.camdencountybar.org

The Honorable Peter J. Devine, Jr. AwardHonoring Hon. Joel B. Rosen, U.S.M.J. (ret.)

& Thomas J. Hagner, Esq.Tuesday, April 9th

Caffe Aldo Lamberti—Cherry Hill $65 per person.

Don’t miss this opportunity to congratulate and thank Tom Hagner and Joel Rosen for their years of commitment to the Camden County Bar Association and Foundation, and the community at large!

Nominations Sought for Gerry Award

The Judge John F. Gerry Award was established by the Camden County Bar Foundation to acknowledge the continuing outstanding contributions of a member of the Bar of the State of New Jersey, or a member of the State or Federal Judiciary in New Jersey, to the administration of justice in the State of New Jersey, who exemplifies the spirit and humanitarianism of Judge Gerry. The Foundation invites members of the bar and the public to nominate individuals to receive the 2019 Gerry Award, which will be presented at the annual Gerry Award Reception in October. Nominations should be made in writing and sent to: Kara Edens, Executive Director,

Camden County Bar Association, 1040 N. Kings Highway, Suite 201, Cherry Hill,

NJ 08034, no later than May 3, 2019. Nominations can also be emailed to

[email protected].

2019 GERRY AWARD

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A tentative agenda for this month’s regular Board of Trustees meeting follows. The meeting will begin at 4 p.m. at Woodcrest Country Club in Cherry Hill. All meetings are open to the membership. Anyone interested in attending should notify and confirm their attendance by calling Bar Headquarters at 856.482.0620.

I. Call to Order II. Approval of Minutes from

Meeting III. Treasurer’s Report IV. President’s Report V. Executive Director’s Report VI. Committee Reports a. Membership Committee b. Young Lawyers Committee c. Standing Committee Reports VII. Foundation Update VIII. NJSBA Update IX. Old Business (if any) X. New Business (if any) XI. Adjournment

Page 2 MARCH 2019

Be an active participant in YOUR professional

organization.

ATTEND MEETINGS AND FUNCTIONS!

Published monthly, except July and August, by the Camden County Bar Association.

PresidentRonald G. Lieberman1415 Route 70 East, Suite 205Cherry Hill, NJ 08034

President-electMichael J. Dennin5709 Westfield AvenuePennsauken, NJ 08110

Vice PresidentMichelle H. Badolato457 Haddonfield Road, Suite 100Cherry Hill, NJ 08002

TreasurerDawnn E. Briddell1940 Route 70 East, Suite 200Cherry Hill, NJ 08003

SecretaryRachael B. Brekke46 West Main StreetMaple Shade, NJ 08052

Executive DirectorKara Edens1040 N. Kings Highway, Suite 201Cherry Hill, NJ 08034

Editorial Offices1040 N. Kings Highway Suite 201Cherry Hill, NJ 08034

[email protected]

Periodicals postage paid at Cherry Hill, NJ and additional offices (USPS 712 - 480)

Classified Advertising rates $30 per insertion

Annual Subscription Rate $40

The Barrister

Views and opinions in editorials and articles are not to be taken as official expressions of the Association’s policies unless so stated, and publication of contributed articles does not necessarily imply endorsement in any way of the views expressed.

Board of Trustees

2019Tommie Ann GibneyJohn P. KahnJustin T. LoughryShayna T. SlaterAbraham Tran

2020Craig D. BeckerJoseph A. Connell, Sr.Amir Goodarzi-PanahBrian K. HermanJeanette Kwon

2021Daniel DeFiglioKatheryn EisenmannThomas A. HagnerDaniel L. MellorMatthew T. Rooney

Young Lawyer TrusteeNeel Bhuta

New Jersey State Bar TrusteeGregory P. DeMichele

Immediate Past PresidentEric G. Fikry

ABA DelegateRichard A. DeMichele, Jr.

Editorial BoardJohn C. ConnellV. Richard FerreriWilliam GroblePeter M. HaldenJames D. Hamilton, Jr.John J. LevyRonald G. Lieberman (ex-officio)

The docketSaturday, March 2nd

6th Annual Cook-off for a Cause6:00 p.m. – 9:00 p.m.

American Legion Post 371, Gibbsboro

Thursday, March 7th Debtor-Creditor Committee Meeting

8:00 a.m.Bar Headquarters

Subrogation Rights for Employers in NJ Workers’ Compensation

The New Frontier Post NJT v. Sanchez12:00 p.m. – 1:15 p.m.

Bar Headquarters

Monday, March 11th Nominating Committee Meeting

4:00 p.m. – 5:00 p.m.Bar Headquarters

Tuesday, March 12th When Ethics Collide with Morality

4:00 p.m. - 6:15 p.m.Cherry Hill Library - Conference Center

Wednesday, March 13th NOMAD Training

3:30 p.m. – 4:00 p.m.Camden County Court House,

Courtroom 63, Camden

Monday, March 18th Cybersecurity for the General Practitioner-What All Lawyers Should Know to Protect Themselves

and Their Clients from Cyber Events4:00 p.m. – 6:15 p.m.

Double Nickle Brewery, Pennsauken

Tuesday, March 19th Hon. Gloria M. Burns

Annual Bankruptcy Bench Bar Conference4:00 p.m. – 7:15 p.m.

Tavistock County Club, Haddonfield

Wednesday, March 20th Camden County Bar Association-

Board of Trustees Meeting4:00 p.m.

Woodcrest County Club, Cherry Hill

NJSBA Meet & Greet5:30 p.m. – 8:00 p.m.

Woodcrest County Club, Cherry Hill

Members can earn up to 8 NJ MCLE credits at the CCBA’s new All-You-Can-CLE scheduled for Wednesday, April 17 at the Cherry Hill Library. Featuring fantastic seminars that are geared toward every attorney and every level, we are helping to make your compliance for 2019 a no-brainer.

Featured topics include: ö Crimmigration –Criminal

Aspects of Immigration ö Family Law ö Civil Trial Crash Course ö Practice/Law Office Management ö Municipal Court Practice ö Those cherished Ethics credits AND MORE!

CCBA members can register for the full day of seminars for just $100! Fees include continental breakfast, lunch, snacks and materials. Plus, we’ll play a game or two to help break the ice and have a little fun.

Use the flier in this month’s issue to register today.

Questions? Call 856.482.0620.

All-You-Can-CLE

8 credits ~ $100!

Tentative Agenda for March 20th Board Meeting

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MARCH 2019 THE BARRISTER Page 3

President’s perspectiveYour Bar Association: How Is It Performing?

By Ronald G. Lieberman

Given that the readers of this article are members

of the Camden County Bar Association, you

would then hopefully agree with me that the Bar Association is an integral part of the legal profession in our County. But, as with any Bar Association, there are major limitations and needs for improvement. Given that the Camden County Bar Association is a comprehensive Bar Association containing a broad cross-section of lawyers, a one-size-fits-all approach may not necessarily be able to fit all. The Bar Association rightfully stands for social opportunities for lawyers with common interests, eliminating unprofessional behavior by lawyers, ensuring that local government and our judges act efficiently, and pushing for legal reform where necessary. But how is the Bar Association actually performing?

The Bar Association has three target groups: individual lawyers, the legal professional generally, and the public at large. The Bar Association aims to benefit individual lawyers by providing them with opportunities to improve their professional skills and knowledge, to develop useful professional conduct, to expand their client base, and to increase their income. The Bar Association aims to benefit the legal professional generally by maintaining a competent and respected body of lawyers and protecting the profession from unqualified legal service competition. The Bar Association then seeks to benefit the general public by protecting and strengthening the administration of justice, enhancing public understanding and respect for the rule of law and legal institutions, and identifying and advocating needed changes in the law.

But, as with any type of organization, your Bar Association depends upon and is limited by the resources available to it. Its principal resource is you, the members. There are those in our community who are not members or have lapsed their membership. You as the members do most of the work and unlike many trade associations, the Bar Association is composed of individual members and not firms. Leadership positions are unpaid and the leaders not only donate their time and effort but their firms donate staff time to assist with the Association’s administrative duties.

Most Bar Association income comes from annual membership dues so the number of members and the rate of dues are crucial resource considerations. Obviously, there are additional sources of income including CLE fees, and events. It is understandable that as a member you would

be resistant to a change in a dues structure. But, such a situation may in fact come to pass.

But we have another valuable asset and that is your reputation in your important social and professional circles. Well-known and highly regarded members help further the Association policies through their own contacts and often support their proposals through position papers or draft legislation. Your reputation has helped the Association develop ties with other legal organizations and facilitated relations with courts and government agencies. But, this Bar Association of yours must rely heavily on non-financial resources especially you as the member/volunteer in order to achieve our goals. Luckily though, our members are from a skilled profession so those who volunteer their services are of great usefulness.

The large number and variety of programs that the Bar Association conducts reflect our Association’s perception of ourselves as representatives and guardians of the legal profession. In fact, the wide range of programs helps contribute to membership. A Bar Association does not want to be seen as elitist and restrictive in membership and needs to be more inclusive by attracting members from all professional specialties, all kinds of practitioners, and all individuals regardless of race, religion, creed, or gender.

The Bar Association should not restrict its legal education efforts to lawyers. Instead, we should be conducting programs directed to elementary, high school, or college students, designed to increase their respect for the law and legal institutions. There should be programs directed to community groups or the public at large intended to provide free advice and assistance. A major emphasis with the Bar Association has been playing a significant role in enforcing professional conduct standards. Although lawyer disciplinary efforts are conducted by the State through the Office of Attorney Ethics, our Bar Association offers diversionary opportunities and maintains the highest quality of respect for lawyers by lawyers.

Our Bar Association has a positive influence on the legal profession and the administration of justice. Our maintaining a strong sense of common professional identity among lawyers is vital to the sustainability of the Bar Association. But your Bar Association does need your help beyond membership recruitment.

The Bar Association needs to persistently and aggressively try to resolve serious problems facing our justice system, including court congestion and delay; the need for more judges and more opportunities for alternative dispute resolution; increased pro bono representation for those in poverty; more readily available legal services for those of moderate means; and alternatives to incarceration for those convicted of low level crimes.

It would be helpful for Bar Associations across the geographic locale to corroborate research and staff so that coordinated actions among County Bar Associations can be initiated whenever helpful. Bar Associations should consider increasing law school involvement and we are fortunate to have very strong and positive relations with Rutgers School of Law in Camden.

Because of the growing support for allowing lay legal technicians to practice law and that this threat can potentially impact so many members of the Bar, our Bar Association needs to be nimble and have the strength of numbers. Underrepresentation in the attorneys at large in our County does not help create a viable strong Bar Association. How well the Bar Association performs in the future will depend upon its willingness to make changes and your ability and desire to become involved. Whatever the implications are of trends in the community and in the legal profession, the one constant will be that without your help, we will face a very different Bar Association in the future.

Installation of Officers Dinner,

June 7, 2019, Adventure Aquarium

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Page 4 THE BARRISTER MARCH 2019

Each year, the Camden County Bar Foundation sponsors and conducts two main events for underprivileged children from Camden. First

is the Holiday Party in early December where the children are treated to breakfast, a magic show, caroling with our special volunteers, and, of course, a visit with the man himself, Santa Claus.

The second main event is the Children’s Picnic. It is a day of fun in the “country” for inner-city kids. Fun for all ages, there are face painters, a bounce house, balloons, burgers, dogs and Mr. Softee, not to mention music, games and dancing. Like the Holiday Party, the Foundation provides the transportation for the children and their chaperones to and from the event. This year’s version will be June 1 at Challenge Grove Park in Cherry Hill. We gratefully appreciate member volunteers to help in any way possible, from grilling to cotton candy to dancing with the “stars.”

Of course, another great way to help is to provide financial support. The event usually costs approximately $7,000 to stage, including all the amusements, food and music, along with a tent, furniture and transportation. This year, we are looking to raise that money at our Cinco de Abril event at the Barry D. Brown Health Education Center. What better way to support the great work of the Foundation than to buy tickets, enjoy the food, wine, beer, and whiskey, and generously “bid” on silent auction items.

Finally, for those who do not frequent the CCBA/CCBF website, here is a reminder of what the Foundation is all about.

Each year, the Foundation provides numerous college scholarships as well as sponsors its own community service projects including, but not limited to:

• “Adopt-A-Family” program during the Holidays

• Picnics and Holiday Parties for Needy Children

• Scholarship Awards for outstanding graduating seniors at every Camden County High School

• Mock Trial competition for High School Students

• Law Day Celebration including Courthouse Visits and Programs for Students

• School Supplies & Uniform Campaigns for needy children and families

• Holiday Parties & Celebrations for children at Anna Sample House

• Volunteers for Camden’s Cathedral Kitchen Homeless Outreach Program

• Food Drives for the Food Bank of South Jersey

When you support the programs and services of the Camden County Bar Foundation, you are helping to improve the quality of life for the citizens of Camden County and the South Jersey region.

Since the Foundation has no employees and very little overhead, nearly 100% of your contribution goes directly to those we serve. Hope to see you April 5!

FOUNDATION UPDATE

Drink Some Wine (or Beer or Whiskey) and Help the Kids

By Louis R. Moffa, Jr.

WE ARE MOVING

52 HADDONFIELD-BERLIN ROADSUITE 3000

CHERRY HILL, NJ 08034

WOLFANDBROWN.COM 856-428-6677

SOCIAL SECURITY DISABILITYVETERANS DISABILITY

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MARCH 2019 THE BARRISTER Page 5

The Case of the State . SupermanBy Jimmy Olsen aka Alan Schwalbe

On January 30, 2019, the case of State v. Superman, was tried in the Moot Court courtroom at the Rutgers School of

Law-Camden. The jury’s verdict was entered in favor of the Caped Crusader, but the biggest winner in this legal contest was the fifth-grade class at the HB Wilson Elementary School in Camden, New Jersey. Owing to the inspiration of Judge Ingrid French, the Administrative Supervisory Judge of the New Jersey Division of Workers’ Compensation, and with assistance and support from the administration and faculty of the HB Wilson Elementary School in Camden, the Camden County Bar Association’s Workers' Compensation Committee and the Mount Olivet Baptist Church, the fifth grade students at HB Wilson had the opportunity to have a hands on experience with the justice system. Judge French emphasized the importance of “getting to these kids at an early age.” Judge French thinks that it is extremely important to give inner city children an early exposure to positive role models in the justice system. Hopefully, by working with 5th graders, we can provide them with a positive encounter with law enforcement before they are tainted by a negative encounter with police officers, prosecutors, public defenders and the justice system, in general. The Judge added, “The reason I put Superman on trial was to demonstrate what could happen to an honorable man caught in the wrong place at the wrong time.”

The mission of the Mock Trial exercise was two-fold; learning about the justice system and exposing the children to judges and attorneys who volunteered to coach them once weekly for five weeks leading up to the trial date. Judge French wrote a factual scenario which was permeated with life lessons and she gave the 5th graders a glimpse of how the rules of evidence are intended to protect witnesses from revealing irrelevant and potentially prejudicial information about their past. The students performed as judges, prosecutors, defense attorneys and jurors, as well as the ancillary roles that allow the justice system to operate such as clerks, bailiffs and sheriff ’s officers who swear-in witnesses and control the jurors (to the extent that 5th-graders can be controlled).

Marci Hill-Jordan, Esq., co-chairperson of the Camden County Bar Association’s Workers’ Compensation Committee recruited the attorneys for Judge French’s Mock Trial Project. Judge French authored a training manual for the attorney volunteers, while Attorney Hill-Jordan corresponded and coordinated with them before and after the practice sessions. The practice sessions that occurred from December through January at the school were used to provide the students with one-on-one mentoring and helpful hints about the goals of direct and cross-examination and what to emphasize in their opening and closing statements.

Judge French invited Camden County Superior Court Judge Morris Smith, Criminal Division, to speak to the 5th graders and the many parents, teachers, and others assembled on the day of the trial. Judge Smith stressed the importance of viewing his court as “the People’s Court, your court.” He emphasized that the citizens in Camden should be invested in their city. “The justice system in Camden delivers justice…this is your place to get your justice. This is your community’s court. The justice system belongs to all of you.” Judge Smith reiterated that the justice system in Camden should not be looked at as “we vs. them.” He warned them not to look at their courts like they view the “Eagles vs. Patriots.” He urged all present to work together with the community and, when necessary, work with, not against, the justice system. His parting remark was, “don’t forget these lessons when you become adults.”

The Camden County Bar Association and the Camden County Bar Foundation have a long history of endeavoring to enhance the educational experience of the students in our county, and, especially, those children in Camden’s inner city. Many of our members were very happy to devote time away from their practice in this very worthwhile effort. You can see the many members of our Association in the pictures that accompany this article. We will continue these efforts to support and serve all the members of our community. Judge French has lofty goals for the continuation of the program. She is hopeful that something that was said or done during the interactions between the students, attorneys and judges will leave an indelible positive impression on the students. Many of the students engaged in discussions with attorney volunteers about what it takes to be a lawyer or judge and at one of the practice sessions Judge French reminded all of them that the background check required for her judgeship covered her life from 14 years of age forward.

Judge French would like to incorporate the Camden County Police Department in future programs. In the early 1990’s Judge French took six years off from practicing law to administer the “Weed & Seed” program in the City of Wilmington, DE. She is a strong advocate for prevention and community policing. Judge French understands that most inner city youth will have their first encounter with the justice system when they encounter a police officer in their neighborhood. A “cop on the beat” who knows where a young person lives and goes to school and knows his or her family dynamics will have a less adversarial relationship with the community that he or she is policing. The words that Judge French left the students with were both incredibly instructive and somewhat frightening. “If a policeman knows your name he’s a lot less likely to pull a gun on you.” The parents and community advocates in attendance thanked Judge French for infusing the Mock Trial Project with her culturally specific insights.

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Page 6 THE BARRISTER MARCH 2019

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MARCH 2019 THE BARRISTER Page 7

Occasionally, a personal injury case arises out of the intentional killing of one person by another. Frequently, the killer is a family member of the

decedent. Under the Wrongful Death Act, normally the survival claim is paid to the estate of the decedent. If there is a Will, the Will frequently leaves the decedent’s estate to the family member who was the intentional slayer. If the decedent left no Will, the survival claim passes under the Intestate Statute, usually to another family member who could be the killer.

Under the New Jersey Slayer’s Act,1 an individual who is responsible for the intentional killing of the decedent forfeits all benefits with respect to the decedent’s estate, including any intestate share, an elective share, an omitted spouse’s, domestic partner’s or child’s share, exempt property and a family allowance. If the decedent died with a Will, the slayer’s share passes as if he or she predeceased the decedent. For example, if the decedent is the wife of the slayer, her Will may leave everything to the husband (slayer), or if he fails to survive then to the children. In that case, the slayer’s share passes as though he or she predeceased the decedent and, therefore, the slayer’s share would pass to the children. If a decedent died intestate, the decedent’s intestate estate passes as if the killer disclaimed his share.

Personal Injury attorneys should be familiar with the Slayer’s Act. There are cases where the plaintiff ’s estate brings an action on behalf of a decedent who was murdered by another person, usually a family member, who would otherwise stand to inherit under the decedent’s will or a state intestacy statute. Typically, the statutes define a slayer as any person who participates either as a principal or as an accessory before the fact, in the willful and unlawful killing of any other person. Since the Act only applies if the killing was willful, there would appear to be an exemption for killings where the defendant pleads guilty to a charge that does not include intentional or is found guilty of involuntary manslaughter or where the defendant suffered from severe mental illness.

➢ Penalty. The slayer is generally prohibited from acquiring any property or receiving any benefit as a result of the death of the decedent. Property is distributed as if the slayer had predeceased the decedent as to property that would have passed from the decedent or his estate and then on to the slayer including dower, curtsey, or rights to an elective share.

➢ Joint Tenancies and Tenancies by the Entirety. Generally, if the property is owned by the slayer and the decedent as joint tenants or tenants by the entirety, one-half will pass to the slayer and one-half of the estate of the decedent, which will bypass the slayer as to that half.

➢ Conviction as Evidence. A record of conviction of the slayer shall be admissible in evidence against a claim to property in any civil action.

➢ Pre-Adjudication. Generally during the period of time from the decedent’s death to the conviction or acquittal of the slayer or alleged slayer, property that would otherwise pass to that person is held in escrow by the personal representative. If the alleged slayer is acquitted or found guilty of an offense not involving a willful slaying, he or she receives the property. If he or she pleads guilty or is convicted of a willful slaying, the property passes as if the slayer had predeceased the decedent.

➢ Relative of the Killer. It is interesting to note that a relative of the killer is also barred from inheriting through any governing instrument made by the decedent. “Relative of the killer” means an individual who is related to the killer by blood, adoption or affinity, and who is not related to the decedent by blood, adoption or affinity. For example, if a husband intentionally killed his wife, a child of the husband who was not a child of the wife would not inherit, but a child who is born to the slayer and the deceased wife would inherit.

In a Pennsylvania case, Joseph killed his parents and his twin brother. He was found “guilty but mentally ill on three counts of first degree murder.” His guardian ad litem contested the application of the Slayer’s Act to deny Joseph an interest in his mother’s estate. The court held that Joseph’s intestate interest in his mother’s estate is forfeited, because he is a slayer. The fact that the defendant was found guilty, although mentally ill, is sufficient for the application of the Slayer’s Act. If the defendant had been found “not guilty by reason of insanity,” the right to inherit would be recognized.2

A related issue is whether funds forming a part of the potential inheritance can be used in the alleged slayer’s defense. The Pennsylvania Supreme Court decided that the assets of the victim’s estate could not be used to pay the expenses of the defense of insanity, at trial, of the adopted son, who was the alleged slayer. The court held that the purpose of the Slayer’s Act would be thwarted by the use of the victim’s assets.3

1 N.J.S.A. 3B:7-1.1.2 McAndrew Est. (O.C. Div. Montg.), 5 Fiduc. Rep. 3d.3 Glenn Est., 450 Pa. 461 (1973).

Begley Law Group, P.C. has served the Southern New Jersey and Philadelphia area as a life-planning firm for over 85 years. Our attorneys have expertise in the areas of Personal Injury Settlement Consulting, Special Needs Planning, Medicaid Planning, Estate Planning, Estate & Trust Administration, Guardianship, and Estate & Trust Litigation. Contact us today to begin the conversation.

PERSONAL INJURY LAW

The Effect of the Slayer’s Act on Personal Injury Cases

By Thomas D. Begley, Jr., Esquire, CELA

The Camden County Bar hosted a seminar “Over the River and Through the Woods: Exploring Differences Between PA and NJ Real Estate Law” on Wednesday, February 13, 2019. Featuring speakers: Jay S. Ruder, Archer & Greiner, P.C. (Philadelphia); Jeffrey D. Gordon, Archer & Greiner, P.C. (Princeton); and Michael F. Floyd, Archer & Greiner, P.C. (Haddonfield), the seminar was presented to a sold-out crowd at Bar Headquarters!

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Page 8 THE BARRISTER MARCH 2019

OP-EDBy Andrew A. BalleriniThe Law Office of Andrew A. Ballerini

It is this writer’s belief, that the law as currently applied in the State of Jersey, with respect to lien rights under the Workers' Compensation

Act, N.J.S.A. 34:15-40(c) and the No-fault Act, N.J.S.A. 39:6A-1, et seq., is improperly being applied to the detriment of injured workers. The problem is twofold. First, there are many cases where the injured worker is not being made whole and is still not allowed to seek recovery of the medical bills from the no-fault automobile insurance carrier. Second, New Jersey no-fault insurance, in this writer’s opinion, should always be primary and an injured worker should never be responsible for medical bills from an automobile accident. This article attempts to explain why this writer believes the court was wrong in Bernick v. Aetna Life and Casualty, 158 N.J. Super. 574 (Dist. Ct. 1978) and Lefkin v. Venturini, 229 N.J. Super. 1 (App. Div. 1988).

For 30 years, New Jersey residents injured in work accidents, while operating private passenger automobiles, have wrongfully paid their medical bills out of any recovery from a 3rd party tortfeasor. This article explains why for equitable reasons those bills, in many if not all circumstances, should be paid by the no-fault carrier.

Under current New Jersey law pursuant to Bernick v. Aetna Life and Casualty, 158 N.J. Super. 574 (Dist. Ct. 1978) and Lefkin v. Venturini, 229 N.J. Super. 1 (App. Div. 1988), held that the injured worker could not force the automobile carrier providing no-fault medical coverage pursuant to N.J.S.A. 39:6a-4, et seq., to reimburse the plaintiff for that out-of-pocket medical expense repaid to the workers’ compensation carrier. The court indicated that if workers’ compensation payments were available to pay medical bills for the plaintiff, the plaintiff could not have the bills paid by his no-fault or PIP carrier.

Both Bernick and Lefkin believe that the plaintiff would have a double recovery if they had a successful 3rd party recovery and reimbursed the workers’ compensation for medical payments and then sought reimbursement from the automobile no-fault insurance carrier for those same payments. This was premised on the belief that the plaintiff was fully compensated in a 3rd party recovery for medical expenses, as the medical bills would be boardable due to the worker’s compensation lien, so the tortfeasor would have already compensated the plaintiff.

Although technically correct in reasoning, the courts were wrong in reality. In multiple instances, 3rd party tortfeasors have limited coverage which often does not provide enough coverage for the plaintiff to be made whole let alone have a double recovery. For example, if the defendant has $15,000 in total liability coverage and the plaintiff ’s medical bills are $30,000, the plaintiff will fully reimburse the worker’s compensation carrier and get nothing for pain and suffering or any permanent injuries as a result of the tortfeasor’s negligence.

A plaintiff should be allowed, at the very least, to prove that they have not been overcompensated and in fact they have been under compensated and then be allowed to pursue a case against the PIP carrier. This is the reality that exists because of limited coverage on 3rd party tortfeasors. Unfortunately, injured plaintiffs are not as solvent and do not have the deep pockets of insurance carriers. The law however as it is currently being enforced in New Jersey is not even allowing the plaintiff a single recovery let alone a double recovery.

This is why, in this writer’s opinion, the steadfast rule that an injured worker cannot go to the PIP carrier for medical coverage needs to be reexamined.

Furthermore, it is this writer’s opinion that the PIP carrier should be responsible for paying the medical bills in every case where there is a successful 3rd party recovery. This is because the courts in Bernick and Lefkin were incorrect when they determined that worker’s compensation was a primary payer (emphasis added). In this writer’s opinion, PIP is always primary. When workers’ compensation is available, it is a collateral source but the primary responsibility is on the PIP carrier pursuant to the contract with their insured.

N.J.S.A. 39:6A-4.2 makes clear that the PIP of the named insured is the primary coverage of the named insured. Pursuant to N.J.S.A. 39:6A-6, workers’ compensation, when available, is a collateral source. This statute does not make workers’ compensation the primary (emphasis added) coverage. The PIP carrier gets the benefit of not having to pay those benefits that are collectible under workers’ compensation insurance. Workers’ compensation is a collateral source, not a primary (emphasis added) source.

New Jersey workers who have PIP coverage as primary, through primacy contract with a New Jersey no-fault carrier, under current law, are in a worse situation than those New Jersey drivers who select health insurance as primary pursuant to N.J.S.A. 39:6a-4.3(d). For those individuals whose health care is a plan covered under the Federal Employee Retirement Income Security Act, (ERISA), the PIP carrier who is truly secondary by the insured’s choice pays the medical bills. Albeit there is an additional $750 deductible applied as if the insured had no health coverage at the time of application. The reason PIP pays is if the insured ends up paying back the health carrier, the health carrier is not paying the medical bills. This is the same as workers’ compensation when the no-fault insured ends up paying back the workers’ compensation carrier because of its lien right, the workers’ compensation carrier is not a collateral source because the benefits are then not collectible under workers’ compensation insurance to the named insured.

The New Jersey courts that have dealt with the ERISA situation have correctly followed that reasoning. Jugan v. State Farm Company, 267 N.J. Super. 338, 342-345 (Law. Div. 1993), applying FMC Corporation v. Holliday, 498 U.S. 52 (1990). In the ERISA venue the court has correctly recognized that the injured party, the insured, has primacy of contract between himself and the PIP carrier or no-fault automobile carrier under contract. The court has properly recognized that the injured worker should be entitled to the coverage that the insured bargained for and paid for per contract.

The way that the courts have dealt with the ERISA plan and making the no-fault carrier pay is exactly the way the court should deal with the worker’s compensation cases involving 3rd party recovery where the worker’s compensation carrier is paid back because of the lien under the worker’s compensation statute. In effect, when the workers’ compensation carrier pays and the worker is successful in a 3rd party case when the worker reimburses the compensation carrier because of the statutory lien, the bills are not paid by the compensation carrier, just as they are not paid by the health carrier when the insured picks health insurance as primary.

This is also analogous to the situation posed by Medicare and no-fault. The no-fault statute under N.J.S.A. 39:6a-6 considers Medicare a collateral source and says the PIP carrier shouldn’t have to pay what Medicare pays. Federal law trumps the state law, as is the case when ERISA, a federal law, trumps the state law and Medicare becomes a secondary payer to PIP

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(Continued on Page 9)

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MARCH 2019 THE BARRISTER Page 9

under federal law. This means that even though the statute says Medicare is a collateral source, since Medicare does not pay PIP must pay. In a workers’ compensation case when the compensation carrier is paid back it becomes very analogous to Medicare, as it really is not paying.

The basic intent of the legislation when they passed the No-fault Act was to ensure that New Jersey drivers injured in automobile accidents would not have to pay out-of-pocket medical bills, at least to the extent of $250,000 as applied under the act. The No-fault Act was intended to provide prompt payment of medical bills. Amino v. Ohio Casualty Ins. Co. 85 N.J. 85, 90 (1981). It was never the intent of the legislature that a person injured in a private passenger automobile, with automobile insurance, have out-of-pocket medical expenses.

Under a proper interpretation of the law and the legislation intent, no worker with available no-fault benefits should ever pay medical bills out of their own pocket, at least to the extent of $250,000. The current law as applied frustrates that original purpose of the no-fault act.

In effect, the way the courts are currently interpreting the law, the worker has no PIP. The no-fault policy paid for disappears and the 3rd party recovery disappears as the plaintiff pays his medical bills. This is not right. It is not the intent of the law. It did not happen when the insured picked health insurance as primary with an ERISA plan or with respect to Medicare as a collateral source.

The ultimate solution in this case would be as follows: 1) At a mandatory minimum, injured workers in New Jersey should be

allowed to prove in court that they did not receive full compensation for their injuries because of the limited coverage available to the tortfeasor. In the event that the Plaintiff proves that, the no-fault carrier should have to pay the medical bills. In every case, workers’ compensation should be the first payer, as the collateral source of payment for any medical bills incurred by an injured worker, in an accident to which no-fault benefits apply.

2) If there is a third party case, the plaintiff should not be allowed to board medicals against the tortfeasor. The plaintiff should reimburse the worker’s compensation carrier out of the recovery against the tortfeasor and the plaintiff should have the right to have the bills paid by his no-fault automobile insurance carrier as the primary payer of medical bills.

3) In the event that the worker is unsuccessful in a 3rd party case, the bills paid by the workers’s compensation carrier would remain paid and the PIP carrier would have no obligation to the insured.

This result is equitable and will put the burden where it belongs. Plaintiffs will be fully compensated for their damages. There will be a single recovery by the plaintiff for medical expenses from a solvent entity (the no-fault automobile insurance carrier). Third party tortfeasors with limited assets and coverage will not overpay for the damages they caused. The workers’ compensation carrier will be reimbursed for medicals paid. A solvent PIP carrier will pay medical bills when there is a 3rd party recovery and the workers’ compensation carrier will pay the medicals bills when there is not.

Hopefully a case will go up the system to the Appellate Court and beyond where the courts will have an opportunity to correct what has been an error in the application of the law for nearly 30 years resulting in injured workers in the State of New Jersey not being fully compensated for their damages. An insured who has a policy of no-fault automobile insurance should never be out-of-pocket medical bills in our state at least to the extent of $250,000.

Op-Ed(Continued from Page 8)

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Page 10 THE BARRISTER MARCH 2019

(Continued on Page 11)

Young lawyer HAPPENINGS

If you’re reading this, you are likely a member of the Camden County Bar Association. But why are you a member of this Association? Are you

a member of any other bar associations?

The concept of bar associations goes back a long while, but of course, membership in an association is not synonymous with entry to the Bar. The latter means that you have the statutory right to practice as a lawyer in a given jurisdiction. Membership in a bar association is something separate and apart (and hopefully complementary) to that statutory right.

Some states in this country require membership in that state’s official bar association in order to practice law there. Currently, thirty-two states plus the District of Columbia have that mandatory membership requirement. However, New Jersey is not one of those states. The New Jersey State Bar Association is a voluntary bar association (as is the Camden County Bar Association).

A voluntary bar association can be any private organization of lawyers. Membership is commonly restricted to lawyers who share the goals and purpose of that practical association. These organizations can advocate on the membership’s behalf, issue publications (like the one that you are reading now), organize charitable activities and pro bono services, and host a lawyer

referral service directed to the general public. Voluntary bar associations can be useful to the membership’s professional interests in very specific ways as well. These associations often host networking opportunities and offer continuing legal education classes and seminars, which are both useful and mandatory for practice.

The Camden County Bar Association offers all of these services. The Association advocates for the interests of all of its members, both at the county level and in Trenton. Publications like The Barrister allow you to read updates on the Bar from the current president, get financial and legal advice from local experts, learn about wine, and stay current on recent verdicts from the area. The association also hosts charitable events every month, including the 6th Annual Cook-off for a Cause on March 2 and the Cinco de Abril – Masquerade, Wine Tasting, & Silent Auction on April 5. And if you need to fill your continuing legal education requirement for the year, the association usually hosts about one new CLE class every week. Upcoming topics include “Subrogation Rights for Employers in New Jersey Workers’ Compensation,” “When Ethics Collide with Morality” (ethics credits!), “Cybersecurity for the General Practitioner,” and “Cannabis Law: An Overview of New Jersey’s Newest Industry & How it Affects Your Practice Area.” These CLEs are the

YOUNG LAWYER CHAIR

What is a Bar Association?

By Neel Bhuta

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MARCH 2019 THE BARRISTER Page 11

best way to stay connected to new developments in the law and learn how to continue to best serve your clients.

Bar associations are only as good as their membership, and the effort and time that their members put into the bar association. If the lawyers who comprise the local bar treat the associations with the same diligence and attention they give to their work, then it is likely to be that much more useful to its members. Our association does a great job in offering affordable CLEs and identifying practice trends. However, I have also gotten great value from the association fostering relationship between all of the members. A local bar association is essentially a lawyer’s professional community. By joining a local bar association and dedicating real time and effort to it, you can begin to develop the relationships that you need in order to thrive as a practitioner.

Local bar associations can also help cultivate camaraderie and professional respect. Maybe you and another member are adversaries in a particular case. One day, that case will end. Maybe, if you have developed a connection with that adversary through the bar association, you will be able to continue your professional relationship. Maybe you will refer a case to her. Maybe a matter will arise in which you are unfamiliar and she will suggest a lawyer to you. You cannot build a reputation if you do not know any other lawyers in town. And the easiest way to get to know other lawyers is to join your local bar association.

If you are an unknown quantity to the lawyer on the other side of the case, they may be reluctant to extend you patience and time. Maybe that other lawyer doesn’t respect you or doesn’t like you. But if opposing counsel knows you, through interactions at local bar association events and through the reputation that you have cultivated in the local community, they are much more likely to extend you the professional courtesy that is required to work through problems in a case. And that is well worth the couple hundred dollars a year that a bar association membership can cost.

What is a Bar Association?(Continued from Page 10)

Regional law firm Lauletta Birnbaum is seeking to acquire law firms or partners that specialize in various practice areas such as Business, Corporate, Tax, Litigation, Construction, Intellectual Property, Real Estate, Trusts and Estates, Environmental, Matrimonial, Labor and Employment, and Healthcare. As a member of our team, you’ll be encouraged to concentrate on serving your clients, growing your practice, and maximizing your income while the Firm’s staff handles the time-consuming and often complicated administrative burdens of running a law firm in today’s digital age, such as office rental/furnishing/management, staff employment, insurance, marketing, and maintaining state of the art technology and resources.

Many of the Firm’s senior attorneys come from national law firms; this level of experience bolsters the Firm’s already sophisticated business and litigation practices. The Firm is known for its more business-minded approach to the practice of law. The Firm’s collaborative climate encourages teamwork and comradery with the goal of increasing client satisfaction. We are looking for practices with at least $400,000 of portable business per attorney. The Firm has offices in Sewell, NJ; Voorhees, NJ; and Philadelphia, PA. To dicsuss this unique opportunity confidentially, please call either Frank Lauletta or Lloyd Birnbaum at (856) 232-1600.

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Page 12 THE BARRISTER MARCH 2019

Cinco de Abril

By Jim Hamilton

The Camden County Bar Foundation is pleased to bring you “Cinco de Abril” Wine & Beer Tasting on April 5, 2019

at the Barry Brown Health Education Center in Voorhees. Enjoy wine and

beer tastings all evening, delicious food and terrific prizes all evening. New

this year – a masquerade in honor of April Fool’s Day!

We know that spring is a busy time. It is also the time when the Camden County Bar Foundation writes nearly

$7,000 in checks to our county’s college-bound high school seniors to enable them to further their interest in law or law-related professions. It is also when

we host hundreds of inner-city children at a fun-filled picnic at Challenge Grove Park

in Cherry Hill. You can be proud knowing that your support of the Foundation

helps us to remain a vital presence in our community. One way to continue that support

is by attending this year’s wine tasting and silent auction.

If you read Jim Hamilton’s monthly column in The Barrister, you know that the best way to learn about

wine and your own preferences is by your tasting experiences. This event is the perfect opportunity to expand your wine horizons. When you add an exciting collection of silent auction items, delicious food, and a

masquerade, this promises to be a great time for a great cause, and an excellent way to entertain clients, friends or simply enjoy a night out with your spouse or significant other. We will be serving vegetable, fish and other non-meat items for those celebrating the Lenten season. Please feel free to wear a mask for our special masquerade theme! If you don’t have one, we will have a small supply of masks to distribute. Of course if you prefer not to wear a mask, that’s okay, too!

You can also help support the cause by donating an item or service for the silent auction baskets. Contact Kara Edens at [email protected] to arrange for your tax-deductible donation today!

Use the flier included in this month’s issue or register online at www.camden.intouchondemand.com. Please join us for this great event – all are welcome and encouraged to attend!

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If France’s Burgundy wine region, with its Chardonnay and Pinot Noir wines, is the queen of the world’s wine regions, then the French wine region based around the city of Bordeaux in the

southwestern part of that country may be considered the king. Some of the most recognizable and justifiably famous wine producers are in Bordeaux (as the region around the city also is called), perhaps none more than “Chateau Lafite.” Indeed, Chateau Lafite Rothschild is one of the world’s most widely acclaimed producers, employing a Cabernet Sauvignon dominated blend of allowed red grape varieties. Those permitted include Merlot, Cabernet Franc, Petit Verdot, Malbec and the little used (and most often overlooked when listing the grapes), Carménère, although the latter two grapes are not used by Lafite.

I recently attended the annual Union des Grands Crus de Bordeaux tasting in New York City, where the widely acclaimed 2016 vintage was being featured by those producers that are members of this association of 133 wine estates (Lafite-Rothschild is not). Since this vintage is the one that will be featured at fine wine shops during 2019 (not all wines are currently released for sale), and since 2015 was an equally vaunted vintage and many of those wines may be available for purchase, I thought it may be timely to discuss the region and some of the 2016 wines that merit buying consideration.

Before identifying some particular wines worth purchasing, a necessarily brief look at the region may help explain why it is held in such high regard. Bordeaux grape growing and winemaking has a 2000 years history, and the trading of these wines flourished in the medieval ages. As the industry matured, wealthy, often aristocratic landowners built impressive chateaux and invested considerable money in the vineyards and winemaking equipment to gain or enhance prestige and to satisfy the tastes of well-to-do consumers who often lived far beyond the French borders. You may have read about a certain U.S. wine fan, Thomas Jefferson, and a 1787 Chateau Lafite bearing his initials, purportedly taken from his cellar in Paris, that sold in 1985 for what then was a record sum. The “Th.J.” wines may not have been authentic, but certainly the idea that they once were his was plausible. Jefferson became smitten with wine during his time as our Minister to France and he did, in fact, purchase wines from

(Continued on Page 13)

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MARCH 2019 THE BARRISTER Page 13

(Continued from Page 12)

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chateaux and have them bottled to bring home after his service was completed. In keeping with his feeling that “[g]ood wine is a necessity of life for me,” Jefferson did plant a vineyard at Monticello, although it was not terribly successful.

There are some facts and figures worth knowing in any discussion of Bordeaux wines. Perhaps a good place to start is the importance of water, specifically the water that runs through it and the Atlantic Ocean that forms its western border. The Gironde estuary that runs from the ocean southeast into the wine country splits above the city of Bordeaux into two small rivers, the Dordogne and Garonne. In general terms, the soils on the left bank of the Gironde are composed of mostly gravel and stone, which suits Cabernet Sauvignon grapes. It is on this so termed “Left Bank” that the “classified growth” wines are found (more about that shortly). The “Right Bank” soil tends to be heavier in clay, with areas of limestone and sand, conditions more suitable for the Merlot grape that thrives there (although a notable exception is Chateau Cheval Blanc where Cabernet Franc usually is the primary grape). Therefore, depending upon your grape preferences, knowing a little bit about the geography of Bordeaux may help inform your wine buying.

In 1855, Napoleon III held what essentially was a world’s fair in Paris and wanted all of France’s wine regions to participate. The Bordeaux Chamber of Commerce turned to a syndicate of wine brokers to arrange for displaying

the wines of its region, and they promoted Left Bank red wines (as well as the dessert wines of Barsac and Sauternes – also Bordeaux wines) using a classification primarily based on reputation and market prices. The red wines were broken down into five levels, or “growths,” from first through fifth. In this “ranking,” there were 4 first growths, 12 second growths, 14 third growths, 11 fourth growths and 17 fifth growths. While the controversy was immediate and has persisted to this day, the only change in the original ranking was the 1973 elevation of Mouton Rothschild from a top second growth to a first growth. There were other changes due to splitting or combining of properties so the current number of classified growths is 61.

Another thing to know about Bordeaux is that while they were left out of the ranking game in 1855, the Right Bank wines from St.-Emilion were classified in 1955 and that classification typically is reviewed, and sometimes revised, every decade. This classification system also has generated controversy, mostly by the names given to the three ranks. There are Premier Cru Classé A wines (currently 4), Premier Cru Classé B wines (currently 14) and Grand Cru Classé wines (now 64). Among the issues raised by this breakdown are the use of “Grand Cru” for wines that often are not so “grand,” the confusion of whether “Grand Cru” wines are better than those called “Premier Cru,” and the use of “A” and “B” when ranking the top wine estates. Additionally, some of the best Right Bank wines are from the Pomerol region, which has no ranking.

Unlike many regions where wineries sell their wines directly to consumers, or at least put them into the stream of commerce, Bordeaux traditionally has operated under a system where “courtiers,” or brokers, use “négociants” to sell the wines. This traditional method for selling has been changing and likely will continue to evolve. Also, while Right Bank wine estates tend to be small in both size and production, many of the most famous Left Bank estates produce a lot of wine. For example, a normal vintage for Lafite Rothschild may yield 20,000 cases of the first growth wine. Further, while much attention is given to Bordeaux red wines, quite a bit of dry white wine is produced, primarily from a blend of Sauvignon Blanc, Semillon and Muscadelle grapes (although others may be permitted). While a number of the classified growth estates also produce a white wine, the part of Bordeaux to seek out for white wine value is the large area called Entre-Deux-Mers (“between two seas,” although the region is between the Garonne and Dordogne Rivers). Finally, and perhaps most importantly, while the top wines of Bordeaux from either “bank” will command prices most may find too dear, there are over 10,000 Bordeaux wine estates, and the good quality of many of those considered “lesser” as well as the amount of production in the region will mean there are values to be found.

Let us now turn to identifying some of the top 2016 red Bordeaux wines tasted at the UGC tasting. For those who want only the best and keeping in mind no first growth wines were being poured, my favorites in relative order of preference were (with “Chateau” in front of each name): Valandraud, Pape Clement, Cantenac-Brown, Haut Bailly, Branaire-Ducru, Kirwan, Durfort-Vivens, Canon La Gaffelière, Pavie-Macquin, Leoville Barton, Latour Figeac, Brane-Cantenac, Beychevelle and Latour Martillac. The wines I think represent excellent value (perhaps $30 or less per bottle) include (again in relative order of preference with “Chateau” omitted): Coufran, Citran, Cap de Mourlin, La Tour de By, Belgrave, Bouscaut, Fonréaud, La Tour Carnet and Ormes de Pez.

As a parting thought, the lesser appellations of Bordeaux to mine for value include on the Left Bank Listrac, Moulis, and Medoc wines earning a “Cru Bourgeois” classification, and on the Right Bank wines from Fronsac, Canon-Fronsac, Lalande-de-Pomerol, Blaye, Côtes de Castillon, Côtes de Bourg, Lussac-St.-Emilion, Montagne-St.-Emilion, and Puisseguin-St.-Emilion.

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Page 14 THE BARRISTER MARCH 2019

Abo Cipolla Financial Forensics, LLC and its affiliate, Abo and Company, LLC, are proud to be Partners in Progress with the Camden County Bar Association. As part of this program, we are offering member lawyers our most prized assets—our time, our insight and our expertise. Should you wish to confer on a complex technical issue, or simply get a second opinion, we welcome the conversation. Consider us an extension of your office where you can freely discuss any and all matters involving your clients or you personally.

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Many owners of closely held businesses and professional service firms (yep, that could be you)

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CompetitionFundamental to determining a closely held company’s value, competition encompasses several categories, including the company’s:

• Relative size compared with other businesses in its industry • Relative product or service quality • Product or service differentiation from others in the industry • Market strengths • Market size and share • Competitiveness within its industry in terms of price and

reputation • Copyright or patent protection of its products

Management AbilityIs management skilled and experienced enough to keep the company at the top of its game for the foreseeable future? Several factors can indicate management ability:

• Accounts receivable, inventory, fixed asset and total asset turnover,

• Employee turnover • Condition of the facilities • Family involvement, if any • Quality of books and records • Sales and gross and operating profit

Financial StrengthConsideration of financial strength entails several ratios, including a company’s:

• Total debt to assets • Long-term debt to equity • Current and quick ratios • Interest coverage • Operating cycle

FINANCIAL FORENSICS

Factors to Consider in Valuing a Closely

Held BusinessBy Martin H. Abo, CPA/ABV/CVA/CFF

(Continued on Page 15)

Page 15: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

MARCH 2019 THE BARRISTER Page 15

Profitability and Stability of EarningsAnother important factor is the financial stability of the company, as revealed by its profitability during its operating history, including: • The number of years the company has been in business and its sales

and earnings trends • The life cycle of the industry • The returns on sales, assets and equity

Other FactorsThe valuator also has to consider the economic conditions in which the company is operating, including the broad industry outlook and the impact of various Internal Revenue Service (IRS) rulings and court cases that may affect the company’s value. In addition, the valuator must analyze restricted stock studies and the values of comparable companies to determine their relationship to the company’s value. Intangible factors such as goodwill value and noncompete agreements can be significant.

Finally, the valuator needs to determine the discount or capitalization rate of the company, specify what percentage of the company is being valued, and consider any marketability or minority interest discounts.

Putting It All TogetherPerhaps the most difficult part of the entire process is knowing how to combine these factors in a meaningful way to reach a value that will withstand any challenges by potential buyers, the IRS, dissatisfied partners or others. Only a valuator with professional training, experience and expertise can accomplish this.

While we at Abo Cipolla Financial Forensics have experience in performing these valuations and possess the skill and expertise often needed, conflicts sometimes arise or perhaps “one size does not fit all” or perhaps a business owner may be better served by a colleague with a particular industry expertise. With some 300 forensic accountants on my iPhone, we’d be happy to recommend a credible and seasoned colleague if we don’t fit the bill.

Abo and Company, LLC and its affiliate, Abo Cipolla Financial Forensics, LLC, Certified Public Accountants – Litigation and Forensic Accountants are Partners in Progress of the Camden County Bar Association. The above article was retrieved from the “E-mail alerts” disseminated to clients and friends of the firm. With offices in Mount Laurel, Morrisville, PA and Franklin Lakes, NJ, tips like the above can also be accessed by going to the firm’s website at www.aboandcompany.com or by calling 856-222-4723.

Factors to Consider in Valuing a Closely Held Business(Continued from Page 14)

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1702 Haddon eld-Berlin Road | Cherry Hill, NJ 08003856-428-2266

www.ble-law.com

Carly served as a law clerk to theHonorable Nan S. Famular, P.J.Ch, NJ Superior Court, Chancery Division, Camden County

Page 16: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Page 16 THE BARRISTER MARCH 2019

To schedule your classified or display advertisingcall Krystal Widman at 856.482.0620,

email [email protected] fax copy to 856.482.0637Classifieds

Need a Meeting Space?Call 856.482.0620

Email [email protected]

REFERRALSAttorney with 25 years of Appellate experience invites referrals. Available for arbitrations & perdiem work. R. 1:40 Mediator. Richard C. Borton, Esq. www.bortonlaw.com 856.428.5825

OFFICE SPACEOFFICE SPACE AVAILABLE

Well established Mount Laurel law firm seeks attorney with established family law practice for possibility of an Of Counsel or Partnership opportunity. Please call (856) 234-5536.

VERDICT: Liability Verdict: $10,211.54 100% Defendant (1/15/19)

Case Type: Personal InjuryJudge: Steven J. Polansky, P.J.Cv.Plaintiff’s Atty: Tiffany Kyperschmidt, Esq.Defendant’s Atty: G. Harrison Walters, Esq.L-CAM-2853-16 Jury

VERDICT: Liability Verdict: $100,000 Plaintiff (1/17/19)

Case Type: UM/UIMJudge: Michael J. Kassel, J.S.C.Plaintiff’s Atty: David Rochman, Esq.Defendant’s Atty: Daniel Lewbart, Esq.L-2670-16 Jury

VERDICT: No Cause (1/24/19)Case Type: UM/UIMJudge: Michael J. Kassel, J.S.C.Plaintiff’s Atty: Alfred J. Falcione, Esq.Defendant’s Atty: Rachel Vicari, Esq.L-1158-17 Jury

VERDICT: Damages Verdict $38,113.42 (1/25/19)Case Type: Auto NegligenceJudge: Steven J. Polansky, P.J.Cv.Plaintiff’s Atty: Michael Dennin, Esq.Defendant’s Atty: Thomas J. Murphy, Esq.L-3677-16 JuryL-2856-16

VERDICT: Damages Verdict $6,500 (1/25/19)Case Type: Auto NegligenceJudge: Steven J. Polansky, P.J.Cv.Plaintiff’s Atty: David K. Cuneo, Esq.Defendant’s Atty: Thomas J. Murphy, Esq.L-2856-16 JuryL-3677-16

VERDICT: No Cause (1/29/19)Case Type: Auto NegligenceJudge: Michael J. Kassel, J.S.CPlaintiff’s Atty: Tiffany Kyperschmidt, Esq.Defendant’s Atty: Brad Hoffman, Esq.L-2262-17 Jury

VERDICT: Damages Verdict $21,000 (1/31/18)Case Type: Auto NegligenceJudge: Thomas T. Booth, Jr. J.S.CPlaintiff’s Atty: Michael Landis, Esq.Defendant’s Atty: John Dingle, Esq.L-287-17 Jury

VERDICTS OF THE COURT January 2019

Superior Court of New Jersey

Please Support our Advertisers

Page 17: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Accepting Referrals of Serious and Catastrophic Injury Cases Including:

Nursing Home, Medical Malpractice, Product Liability, Premises Liability,

Truck & Automobile Injuries

Some case results include:• $1.8 Million-Drowning Death• $990K Nursing Home & Assisted Living Facility Neglect-Multiple Pressure Ulcers• $400K Recovery-Pain & Suffering for Fatal Fire (Verdict of $375K plus $25K Settlement)• $500K Jury Verdict-Excess Over Remainder of $100K CSL Policy Against Allstate Insureds with Offer of Judgment for Policy-Herniated Discs• $500K Nursing Home/Hospital Neglect - Pressure Ulcers• $750K Nursing Home Neglect During Rehab Admission-Infected Pressure Ulcer-Surgery• $950K Nursing Home Neglect-Failure to Recognize and Act Upon Signs of Stroke• $400K Nursing Home Neglect-Pressure Ulcer Developed on Cancer Patient During Rehab Admission• $400K Hospital and Nursing Home Neglect - Pressure Ulcers• $550K Nursing Home Neglect/Violations of Rights-Fractured Hip During Transfer-Pressure Ulcers• $850K Nursing Home Neglect/Violations of Rights-Bed Sores • $1 Million-Nursing Home Neglect/Violations of Rights-Pressure Ulcer and Fracture

See other exhibits @ www.ballerinilaw.com

As Certified Civil Trial Attorneys, we have andwill pay one third referral fees to those attorneys who give us the opportunity to serve their clients.

We RELENTLESSLY represent our clients using our valuable resources to help prove the significance of OUR CLIENTS’ INJURIES!

HIP SPINE ANKLE ELBOWBRAIN ANEURYSM PRESSURE ULCER

Andrew A. BalleriniCertified Civil Trial AttorneyMillion Dollar Advocates Forum Member

Richard J. TalbotCertified Civil Trial Attorney

Million Dollar Advocates Forum MemberN.J.A.J. Board of Governors

A.A.J. Nursing Home Litigation Group Member

535 Route 38 • Suite 328 • Cherry Hill, NJ 08002856.665.7140

Law Offices of Andrew Ballerini

Accepting Referrals of Serious and Catastrophic Injury Cases Including:

Nursing Home, Medical Malpractice, Product Liability, Premises Liability,

Truck & Automobile Injuries

Some case results include:• $1.8 Million-Drowning Death• $990K Nursing Home & Assisted Living Facility Neglect-Multiple Pressure Ulcers• $400K Recovery-Pain & Suffering for Fatal Fire (Verdict of $375K plus $25K Settlement)• $500K Jury Verdict-Excess Over Remainder of $100K CSL Policy Against Allstate Insureds with Offer of Judgment for Policy-Herniated Discs• $500K Nursing Home/Hospital Neglect - Pressure Ulcers• $750K Nursing Home Neglect During Rehab Admission-Infected Pressure Ulcer-Surgery• $950K Nursing Home Neglect-Failure to Recognize and Act Upon Signs of Stroke• $400K Nursing Home Neglect-Pressure Ulcer Developed on Cancer Patient During Rehab Admission• $400K Hospital and Nursing Home Neglect - Pressure Ulcers• $550K Nursing Home Neglect/Violations of Rights-Fractured Hip During Transfer-Pressure Ulcers• $850K Nursing Home Neglect/Violations of Rights-Bed Sores • $1 Million-Nursing Home Neglect/Violations of Rights-Pressure Ulcer and Fracture

See other exhibits @ www.ballerinilaw.com

As Certified Civil Trial Attorneys, we have andwill pay one third referral fees to those attorneys who give us the opportunity to serve their clients.

We RELENTLESSLY represent our clients using our valuable resources to help prove the significance of OUR CLIENTS’ INJURIES!

HIP SPINE ANKLE ELBOWBRAIN ANEURYSM PRESSURE ULCER

Andrew A. BalleriniCertified Civil Trial AttorneyMillion Dollar Advocates Forum Member

Richard J. TalbotCertified Civil Trial Attorney

Million Dollar Advocates Forum MemberN.J.A.J. Board of Governors

A.A.J. Nursing Home Litigation Group Member

535 Route 38 • Suite 328 • Cherry Hill, NJ 08002856.665.7140

Law Offices of Andrew Ballerini

Page 18: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Subrogation Rights for Employers in N.J. Workers’ Compensation; The New Frontier Post NJT v. SanchezWHENThursday, March 7, 2019Noon-1:15pmWHEREBar Headquarters (1040 North Kings Highway, Suite 201, Cherry Hill, NJ 08034)

COST$30 CCBA MEMBERS$50 NON-MEMBERS$15 PARALEGALS/LEGAL SECFREE TO LAW STUDENTS

PAYMENT OPTIONS

In this practical seminar, you will learn how the recentlypublished Appellate Division decision NJT v. Sanchezdramatically changes the landscape for employers and theirworkers’ compensation insurance carriers in subrogationmatters. Topics include:• Understand NJT v. Sanchez’s impact upon workers’

compensation subrogation matters• Use NJT v. Sanchez to your advantage• Advertise your services to your employer and/or insurance

carrier clients• Capitalize upon cases that previously may have been

turned down

Name:

Address:

Phone:

Email:

Credit Card#:

Exp: ________ CVV: ________

Billing Zip Code: ____________

❑ CHECK ❑ CREDIT CARD (AMEX, Visa / MC)

❑ www.camdencountybar.org

Need PA Credits? Yes No PA ID#: _______________

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for 1.2 hours oftotal CLE credit. Of these, 0.0 qualifies as hours of credit for ethics/professionalism. Actual creditsearned may be less if seminar is less than 60 minutes. PA CLE Board: Includes 1.0 hour ofSubstantive credits, and 0.0 hours of credit for ethics/professionalism. The CCBA charges $3 perPA credit.

MODERATOR / SPEAKERShawn C. Huber, Esq., Partner, Brown & Connery, LLP

SPEAKERSWilliam T. Freeman, Esq., Partner, Brown & Connery, LLP

Questions? Contact Roseanne Riley @ [email protected] or 856-482-0620

Page 19: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

When Ethics Collide With MoralityWHENTuesday, March 12, 20194-6:15pmWHERECherry Hill Library, Conf Center

COST$35 CCBA MEMBERS$55 NON-MEMBERS$15 PARALEGALS/LEGAL SECFREE TO LAW STUDENTS

PAYMENT OPTIONS

Name:

Address:

Phone:

Email:

Credit Card#:

Exp: ________ CVV: ________

Billing Zip Code: ____________

❑ Check ❑ Credit Card (AMEX, Visa, Mastercard)

Need PA Credits Yes No PA ID#: _______________

Register online:www.camdencountybar.org

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for 2.4 hours oftotal CLE credit. Of these, 2.4 qualifies as hours of credit for ethics/professionalism. Actual creditsearned may be less if seminar is less than 120 minutes. PA CLE Board: Includes 2.0 hours ofSubstantive credit which include 2.0 hours of ethics/professionalism. The CCBA charges $3 per PAcredit.

MODERATORS / SPEAKERSScott J. Levine, Esq., Gerstein Grayson Cohen & Melletz, LLP, Mt. Laurel, NJHoward S. Mendelson, Esq., Davis & Mendelson, Voorhees, NJJoseph A. Connell, Sr., Esq., The Connell Law Practice, LLC Peter M. Halden, Esq., Borger Matez, P.A., Cherry Hill, NJ

Questions? Contact Roseanne Riley @ [email protected] or 856-482-0620

Did he really do that!? Did she really do that!? Why hasn’t that judge,lawyer, religious leader, business owner, congressman, senator,cabinet member and/or president be sanctioned and/or imprisonedfor his/her immoral acts and/or omissions? Why isn’t he or she in jailand/or at a minimum paying fines and/or compensatory damages forhis/her immoral acts and/or omissions? Isn’t that unethical!? Isn’tthat illegal!? If you ever asked these kinds of questions, this is theethics-earning seminar for you. We’ll explore the many differencesbetween what is deemed illegal and unethical under our laws andwhat we may appropriately consider and perhaps should insist be thehigher morals and civil conduct which, while not technically required,we should hopefully aspire to. We will accordingly discuss thedifferences between what is moral and what is legal; and when weshould perhaps insist upon the moral over the merely legal.

Page 20: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Cybersecurity for the General Practitioner - What All Lawyers Should Know to Protect Themselves and Their Clients from Cyber Events

WHENMonday, March 18, 2019CLE Program: 4-6:15pmNetworking Reception: 6:15-7:15pm (incl. 1 beer token)

WHERE

COST$35 CCBA MEMBERS$60 NON-MEMBERS$15 PARALEGALS/LEGAL SEC$10 LAW STUDENTS

PAYMENT OPTIONS

Topics include:• Common Cyber Threats and Trends • Overview of Data Privacy and Cybersecurity Laws & Litigation Trends• Applicable Ethics Law & Principles• Basic Cyber Counselling and Incident Prevention—How To Comply

with Ethical Obligations• Incident Response Procedures• Banking Safeguards • Cyber Insurance

Name:

Address:

Phone:

Email:

Credit Card#:

Exp: ________ CVV: ________

Billing Zip Code: ____________

❑ Check ❑ Credit Card (AMEX, Visa, Mastercard)

Need PA Credits Yes No PA ID#: _______________

Register online:www.camdencountybar.org

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for 2.4 hours oftotal CLE credit. Of these, 1.0 qualifies as hours of credit for ethics/professionalism. Actual credits earnedmay be less if seminar is less than 120 minutes. PA CLE Board: Includes 2.0 hours of Substantivecredits, and 1 hour of credits for ethics/professionalism. The CCBA charges $3 per PA credit.

MODERATOR / SPEAKERRichard S. Mroz, Resolute Strategies LLC

SPEAKERS

Questions? Contact Roseanne Riley @ [email protected] or 856-482-0620

Double Nickle Brewing Co.1585 Route 73, Pennsauken

Robert Egan, Esq., Archer & Greiner

Daniel DeFiglio, Esq., Archer & Greiner

Nicholas Franchetti, Esq., Archer & Greiner

Kate Sherlock, Esq., Archer & Greiner

Anthony Fassano, Esq., Archer & Greiner

Anurag Sharma, WithumSmith & Brown

Chantal Capodicasa, Wells Fargo

Joe Haggerty, Hardenburgh Ins Group

Rob Kleeger, Digital4nx Group

Co-sponsored by:

Page 21: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

WHENTuesday, March 19, 20194-7:15pmWHERETavistock Country Club

COST$90 CCBA MEMBERS$120 NON-MEMBERS$35 PARALEGALS/LEGAL SECFREE TO LAW STUDENTS

PAYMENT OPTIONS

The preliminary list of topics will be:

• Ethical Issues Facing Bankruptcy Practitioners• 2018 Hot Case Law Review• Remarks from the Office of the Chapter 13 Trustee

Name:

Address:

Phone:

Email:

Credit Card#:

Exp: ________ CVV: ________

Billing Zip Code: ____________

❑ CHECK ❑ CREDIT CARD (AMEX, Visa / MC)

❑ www.camdencountybar.org

Need PA Credits? Yes No PA ID#: _______________

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for 3.6 hours oftotal CLE credit. Of these, 1.2 qualifies as hours of credit for ethics/professionalism. Actual creditsearned may be less if seminar is less than 180 minutes. PA CLE Board: Includes 2.0 hours ofSubstantive credits, and 1.0 hours of credit for ethics/professionalism. The CCBA charges $3 perPA credit.

MODERATORCarrie J. Boyle, Esq., Boyle & Valenti Law, P.C.

SPEAKERSHon. Jerrold N. Poslusny, Jr., US Bankruptcy Judge

Camden VicinageAlbert Russo, Esq., Standing Chapter 13 Trustee

Trenton VicinageDaniel Reinganum, Esq., McDowell Law

Maple Shade, NJAngela Pattison, Esq., Powers Kirn, LLC

Moorestown, NJ

Questions? Contact Roseanne Riley @ [email protected] or 856-482-0620

Hon. Gloria M. Burns Annual Bankruptcy Bench Bar Conference

Page 22: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

NJSBA MEET & GREETNETWORKING EVENT

The Camden and Gloucester CountyBar Associations present

Hear from New Jersey State Bar Association President John E. Keefe, Jr. as he provides a brief “State of the Bar” address. Then meet and mingle with State Bar leadership at this very special event. All are welcome!

March 205:30 - 8 p.m.$50 per personWoodcrest Country Club300 E. Evesham RoadCherry Hill

Enjoy passed hors d’oeuvres and grazing station including assorted cheeses, cured meats, pasta, meatballs and more! Cash bar.

Name(s)

Address

City/State/Zip

Telephone Email

Signature (credit card payments only)

Credit Card# Expirati on CVV

Reservati on Form — Print Clearly — Detach and return with payment no later than March 13, 2019

Checks payable/return to:Camden County Bar Associati on—NJSBA Meet & Greet1040 N. Kings Highway, Suite 201 | Cherry Hill, NJ 08034or register online at htt ps://camden.intouchondemand.com

Questi ons?856.482.0620Fax Registrati on: 856.482.0637

PAYENT METHOD: Check Enclosed

Amex

Discover

Mastercard/Visa

REQUIRED: CCBA MEMBER GCBA MEMBER BOTH

Please RSVP by March 13, 2019 and indicate if a CCBA or GCBA member

Page 23: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

MARCH 2019 THE BARRISTER Page 23

Wills For HeroesSaturday, March 30, 2019 • Rutgers School of Law-Camdeng

Presented by Camden County Bar Association’s Probate & Trust Committee and Rutgers Law Estates & Trusts SocietySponsored by the NJ State Bar Association and Drescher & Cheslow

Wills for Heroes is a program that provides free wills and other estate planning docu-ments to rst responders and their spouse, domesti c partner or civil union partner. Quali ed rst responders include re ghters, police offi cers and paramedics.

The program is unlike many other clinic or pro bono legal programs because it brings the program to the rst responders’ doorstep. Working with department coordinators, the Camden County program will bring together local rst responders with att orneys,

notaries and witnesses at Rutgers School of Law-Camden on Saturday, March 30th.

Volunteer att orneys need not have will-draft ing experience. Training on the docu-

ment soft ware will be conducted promptly at 9:30 am in Clark Commons before the

First Responders arrive. Experienced estate planning att orneys will be supervising the

event and Rutgers law students will be on hand to assist volunteer att orneys.

Volunteers should arrive no later than 15 minutes before training.

First responder sessions will be scheduled for 10:30 am - 12:00 pm; 12:00 pm - 1:30 pm; 1:30 pm - 3:00 pm; 3:00 - 4:30 pm

If you can spare a few hours on March 30th to parti cipate in this exciti ng community service

project, you may schedule your ti me slot(s) by going to htt p://ti nyurl.com/WFH2019 -

selecti on on rst come basis. If you have questi ons, please contact Brenda Lee Eutsler,

Esquire at [email protected] or 856.428.2266. For additi onal informati on go to

camdencountybar.org.

NJ CLE: This program has been approved for 3.0 credits (50 minute hour)NY CLE (Transitional & Non-transitional): 3.0 professional practice credits

Page 24: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Handling The Premises Liability Case: Trips, Slips and FallsWHENThursday, April 4, 20194-6:15pmWHEREBar Headquarters (1040 N. Kings Highway, Suite 201, Cherry Hill)

COST$35 CCBA MEMBERS$55 NON-MEMBERS$15 PARALEGALS/LEGAL SECFREE TO LAW STUDENTS

PAYMENT OPTIONS

SPEAKERSMichael J. Dennin, Esq., Law Office of Vincent J. CieckaRick DeMichele, Esq., DeMichele & DeMichele, P. C.Scott Moore, Forensic Expert, Moore Engineering Services

Name:

Address:

Phone:

Email:

Credit Card#:

Exp: ________ CVV: ________

Billing Zip Code: ____________

❑ Check ❑ Credit Card (AMEX, Visa, Mastercard)

Need PA Credits Yes No PA ID#: _______________

Register online:www.camdencountybar.org

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for 2.4 hours oftotal CLE credit. Of these, 0.0 qualifies as hours of credit for ethics/professionalism. Actual creditsearned may be less if seminar is less than 120 minutes. PA CLE Board: Includes 2.0 hours ofSubstantive credits. The CCBA charges $3 per PA credit.

MODERATORS / SPEAKERSDiane Tungol Magram, Esq., Pringle Quinn Anzano, P.C. Tommie Ann Gibney, Esq., The Law Offices of Andres & Berger, P.C.

Questions? Contact Roseanne Riley @ [email protected] or 856-482-0620

Topics to be discussed include:• Intake, Initial Investigation and Evaluation: Getting in Early,

Identifying Responsible Parties, Applicable Duties and Other Landmines

• Recent cases you NEED to know• What expert is the right kind of expert?• How to meet your burden of proof?• Unique issues regarding slip and falls on ice and snow• Do you always need an expert?• The 5 main things to look for when evaluating a premises case

Page 25: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Camden County Bar Foundation’s

Ci nco de Ab rilFriday, April 5 | 6 - 9 p.m.

R

TS

U

Barry Brown Center106 Carnie BoulevardVoorhees

If you read Jim Hamilton’s monthly column, you know that the best way to learn about wine and your own preferences is by your tasti ng experiences. What bett er opportunity to expand your wine horizons? When you add an exciting collection of silent auction items and an array of delicious food, this promises to be a great event for a great cause, and an excellent way to entertain clients, friends or simply enjoy a night out with your spouse or signi cant other. Please join us ~ all are welcome!

Please feel free to wear a mask for our special masquerade theme!If you don’t have one, we will have a small supply of masks to distribute.

Of course if you prefer not to wear a mask, that’s okay, too!

Wine TastingsBeer Tastings

Whiskey TastingsDelicious Food

BasketsMasquerade!n

n

Checks payable/return to:Camden County Bar Foundati on—Wine Tasti ng1040 N. Kings Highway, Suite 201Cherry Hill, NJ 08034or register online athtt ps://camden.intouchondemand.com

Reservati on Form — Print Clearly — Detach and return with payment no later than March 29, 2019

Name(s)

Address

City/State/Zip

Telephone Email

Credit Card# Expirati on CVV

Signature (credit card payments only)

Questi ons?856.482.0620

Fax Registrati on 856.482.0637

MASQUERADE MAGIC! Firms and groups that reserve 10 or more ti ckets pay just $475 ($47.50 pp). To be eligible for the discount, reservati ons must be made/paid at the same ti me. Invite your col-leagues, friends, neighbors, staff and clients to join you for a great evening!

We will be serving sh, vegetable and cheese dishes for

our CCBA members observing the Lenten Season.

Advance Reservations – $60 pp/$100 per couple • $50 pp/$90 per couple* At the Door – $70 pp/$120 per couple • $60 pp/$110 per couple*

*admitted to the bar 5 years or less

o

o

Support the CCBF’s annual spring fundraiser and help us raise money for theupcoming Children’s Picnic slated for June 1 at Challenge Grove Park in Cherry Hill!

Page 26: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

Tuesday, April 9, 20196 - 9 p.m.

Caffe Aldo Lamberti2011 Marlton Pike West, Cherry Hill

Camden County Bar Association 2018

Award Reception

honoring Thomas J. Hagner, Esq.& Hon. Joel B. Rosen, USMJ (ret.)

Join colleagues and friends from the Bench and Bar to recognize and pay tribute to two of the Bar’s outstanding members and present the Association’s highest honor for distinguished

service to the Bar to Thomas J. Hagner, Esq. and Hon. Joel B. Rosen, USMJ (ret.)

Featuring an upscale cocktail party, including 2-hour open bar,butlered hors d’oeuvres and food stations, friendly conversation,

networking and brief formal presentation of the 2018 Devine Award

$65 per person | Please RSVP by Tuesday, April 2, 2019

Name(s)

Address

City/State/Zip

Telephone Email

Credit Card # Expiration Card Zip Code CVV#

Signature (credit card payment only)

Reservation Form — Print Clearly — Detach and return with payment no later than April 2, 2019

CHEKS PYBLE/RETURN TO:Camden County Bar Associationc/o Devine Award Reception1040 N. Kings Highway, Suite 201Cherry Hill, NJ 08034

QUESTIONS? Call Us: 856.482.0620Fax Reservation: 856.482.0637Register online at www.camden.intouchondemand.com

YMENT: Check Enclosed

Amex

Discover

Visa/MC

Page 27: 2019 GERRY AWARD...2019/03/05  · necessarily imply endorsement in any way of the views expressed. Board of Trustees 2019 Tommie Ann Gibney John P. Kahn Justin T. Loughry Shayna T

CANNABIS LAW: AN OVERVIEW OF NJ'S NEWEST INDUSTRY & HOW IT AFFECTS YOUR PRACTICE AREAWHENWednesday, April 10, 20193-6:15pmWHEREBar Headquarters (1040 North Kings Highway, Suite 201, Cherry Hill)

COST$50 CCBA MEMBERS$70 NON-MEMBERS$15 PARALEGALS/LEGAL SECFREE TO LAW STUDENTS

PAYMENT OPTIONS

The program will provide an overview of New Jersey's new cannabislaws, and will address common legal issues encountered by a varietyof practice areas as the industry evolves. Discussions on unsettledand emerging topics of law, as well as ethical considerations will takeplace, and a broad industry overview will allow attendees to walkaway with legal and practical knowledge they can apply to theirpractice. Topics will include:

• Overview of the Industry & its Components• Overview of Federal Law• Overview of NJ's Application Procedures to Date• Corporate, Tax, Finance Considerations• Land Use & Zoning

Name:

Address:

Phone:

Email:

Credit Card#:

Exp: ________ CVV: ________

Billing Zip Code: ____________

❑ Check ❑ Credit Card (AMEX, Visa, Mastercard)

❑ www.camdencountybar.org

Need PA Credits Yes No PA ID#: _______________

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for 3.4 hours oftotal CLE credit. Of these, 1.0 qualifies as hours of credit for ethics/professionalism. Actual creditsearned may be less if seminar is less than 180 minutes. PA CLE Board: Includes 3.0 hours ofSubstantive credits, and 1.0 hours of credit for ethics/professionalism. The CCBA charges $3 perPA credit.

MODERATOR / SPEAKERRichard T. Wells, Esq., The Garty Law Firm, LLC (Moorestown)

SPEAKERSBrian McGovern, Esq., Archer Law (Haddonfield)(TBD), Dilworth Paxson (Cherry Hill)(TBD), The Canna CPAs (Fair Lawn)

Questions? Contact Roseanne Riley @ [email protected] or 856-482-0620

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Special Needs – Legal Considerations: What Every Practitioner Needs to Know About Special Education and Special Needs Trusts

WHENTuesday, April 16, 20194-6:15pmWHEREBar Headquarters (1040 N. Kings Highway, Suite 201, Cherry Hill)

COST$35 CCBA MEMBERS$55 NON-MEMBERS$15 PARALEGALS/LEGAL SECFREE TO LAW STUDENTS

PAYMENT OPTIONS

SPEAKERSCraig D. Becker, Esq., Craig David Becker, Attorney at Law, LLCJustin L. Scott, Esq., Scott Counsel, PC

Name:

Address:

Phone:

Email:

Credit Card#:

Exp: ________ CVV: ________

Billing Zip Code: ____________

❑ Check ❑ Credit Card (AMEX, Visa, Mastercard)

Need PA Credits Yes No PA ID#: _______________

Register online:www.camdencountybar.org

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for2.4 hours of total CLE credit. Of these, 0.0 qualifies as hours of credit forethics/professionalism. Actual credits earned may be less if seminar is less than 120minutes. PA CLE Board: Includes 2.0 hours of Substantive credits. The CCBA charges$3 per PA credit.

MODERATORCynthia Sharp, Esq., Advisor Emeritus - Scott Counsel, PC

Questions? Contact Roseanne Riley @ [email protected] or 856-482-0620

Topics to be discussed include:• Determining eligibility for special education• Importance of independent evaluations• Distinction between Individualized Education Program & 504 Plan• How to protect eligibility for government benefit programs • How to deal with crucial issues & pitfalls when drafting Special

Needs Trusts• Considerations in developing a life care plan

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Camden County Bar AssociationPresents

Wednesday, April 17, 2019Cherry Hill Library, Conference Center

This program is approved by the NJ CLE Board of the Supreme Court of New Jersey for 9.0 hours of total CLEcredit. Of these, 2.4 qualifies as hours of credit for ethics/professionalism. Actual credits earned may be lessif seminar is less than 60 minutes. PA CLE Board: Includes 6 hours of Substantive credits, and 2.0 hours ofcredit for ethics/professionalism. PA credits are not included in the registration fee, and the CCBA charges $3per credit.

Questions: Contact Roseanne Riley, [email protected]; 856-482-06201040 North Kings Highway, Suite 201, Cherry Hill, NJ 08034

REGISTER ONLINE: https://camden.intouchondemand.com or https://www.camdencountybar.org/lrs-calendar/

Registration Opens at 8:00am

8:30-9:20 Crimmigration Derek DeCosmo, Esq.Chereen Chen, Esq.

9:30-10:20 Family Matt Rooney, Esq.

10:30-11:20 Ethics Buzz Mingin, PhD.Craig Becker, Esq.

11:30-12:20 LUNCH (Ethics Program) Nancianne Aydelotte, Esq.

12:30-1:20 Practice / Law Office Management TBD

1:30-2:20 Probate / Trust Seminar TBD

2:30-3:20 Municipal Court / Alcotest / DWI Brian Herman, Esq.Matt Rooney, Esq.

3:30-4:20 Civil Trial Crash Course TBD

PAYMENT OPTIONS: CHECK CREDIT CARD (VISA / MC, AMEX)

Name(s):

Telephone / Email:

Credit Card #:

Expiration CVV#: Billing Zip Code:

Complete over half your yearly CLE requirement in one day! This “All-You-Can CLE”event will offer seminars that are helpful to any attorney regardless of practice areaand will provide tips unique to Camden County practice. The day will be filled up withinteresting, high energy seminars including two ethics seminars.

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NNN

NNN Wednesday, May 22 • 6-8 p.m.

Il Villaggio • Cherry Hill$65 ($75 @ the door) $55* ($65 @ the door)

Members Only • RSVP by May 17th

* Admitted to the bar 5 years or less.

Wednesday, May 22 • 6-8 p.m.Il Villaggio • Cherry Hill$65 ($75 @ the door) $55* ($65 @ the door)

Cocktails & Conversation is one of the Association’s most popular member only events.

Join colleagues and friends for the Association’s nal members-only Bench-Bar networking event until September, and enjoy two relaxed hours of delicious Italian cuisine, open bar cocktails and informal con-versation with judges of the Superior, U.S. District, and Workers’ Compensation Courts at one of Camden County’s nest restaurants.

You will also want to join us as the Association proudly unveils the retirement portraits of Hon. Angelo J. DiCamillo, Hon. Thomas P. Kelly and Hon. George S. Leone. The Foundation will also present its annual Law School Scholarship Awards.

Don’t miss what is always a fun and festive evening. Use the reservation form below to reserve your place early for what is often a sold-out event.

Payment Method q Check Enclosed q Amex q Discover q Visa/Mastercard

Reser�a� on Form — Print Clearly — Detach and return with payment no later than May 17, 2019

Checks payable/mail to:�amden �ounty �ar �ssocia� onCocktails � Conversa� on1040 N. Kings Highway, Suite 201Cherry Hill, NJ 08034

Name(s)

Address

City/State/Zip

Telephone Email

Credit Card# Expira� on CVV #

Name As It Appears on Credit Card Signature (Credit Card Payment Only)

Register online at:www.camden.intouchondemand.com

�ues� ons: 856.482.0620�ax �eserva� on: 856.482.0637

Camden CountyBar Association

Your Home Court Advantage!

q �nclude op� onal contri�u� on toward judicial portraits: Amount $ In honor of:

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All ad copy and payments MUST be received by Foundation offi ceno later than Friday, May 24, 2019 to be included.

Payment Method

q Check Enclosed

q Amex

q Visa/Mastercard

Questions? Call 856.482.0620Fax: 856.482.0637

*Camera-ready ads must be ready to print, as is, and submitted as a .jpg or .pdf document via email to [email protected].

Ad message (please print)

Mail to: Camden County Bar Foundation - Program Book Ad 1040 N. Kings Highway, Suite 201 Cherry Hill, NJ 08034Email to: [email protected]

q Camera-ready Ad* q Set ad from attached copy or from message below

Firm/Company Name

Contact Name

Address

Phone Fax

Credit Card # Expiration Date CVV

Signature (credit cards only)

City/State/Zip

Program Book ReservationInside Front Cover $1,500

Outside Back Cover $1,200

Inside Back Cover $1,000

Full Page (5”w x 8”h) $800

Half Page (5” x 4”) $450

Quarter Page (5” x 2”) $300

Eighth Page (5” x 4”) $200

Congratulatory Line $100(25 words max, use space below)

Please indicate your ad size above. Complete theinformation below and make your check payable to CCBF.

Proceeds support the Camden County Bar Foundation’s charitable projects for disadvantaged children, veterans and rst responders, student scholarships, as well as other charitable projects and programs

to improve the quality of life for Camden County residents.

The Camden County Bar Foundation is a 501(c)(3) not for pro t organization registered with the offi ce of the Attorney General of New Jersey.Contributions to the Foundation are tax-deductible to the extent allowed by current IRS regulations.

The Installation ofMichael J. Dennin

as the 93rd President of theCamden County Bar Association

Friday, June 7, 20196 p.m.