Trusts and Estates
Stuart M. Gladstone, Co-Chair Susan K. Dromsky-Reed, Co-Chair Brach Eichler’s Trusts and Estates Practice provides state-of-the-art estate planning for clients and their families, as well as estate and trust administration. Our clients include individuals, closely held business owners, charities, trustees, executors, and personal representatives. Our attorneys have deep experience with the most sophisticated estate planning vehicles and routinely deal with complicated issues associated with intergenerational planning. The practice has implemented estate plans involving: Family limited partnerships and limited liability companies Grantor-retained annuity trusts Personal residence trusts Qualified personal residence trusts Dynasty trusts and other generation-skipping transfers Intentionally defective grantor trusts Irrevocable life insurance trusts (for individual life coverage as well as second-to-die / survivorship coverage) Split dollar life insurance planning Charitable remainder and lead trusts Private charitable foundations Private annuities Asset protection trusts Special needs planning Retirement planning including planning for qualified plans and IRAs Financial powers of attorney Prenuptial agreements Living wills, health care directives, and combined advanced directives Additionally, the practice represents business owners with business succession planning, preparation of buy-sell agreements, shareholder’s agreements, employment agreements, assistance with pension matters, and general tax planning. Our attorneys are also actively involved in all aspects of the administration of estates and trusts, including sophisticated postmortem tax planning; gift, estate, and inheritance tax return preparation/audit defense; disclaimer planning; and probate court administration. This includes will challenges, will and trust reformation, contested accountings, and fiduciary litigation. The practice, working in conjunction with our Litigation Practice, provides probate litigation attorneys and guardianship petitions. Through our team of experienced attorneys, paralegals, and support staff we handle: Planning and preparation of gift, estate, and inheritance tax returns, and fiduciary income tax returns Probate court accountings Review and analysis of valuation reports Working closely with certified public accountants Coordination with financial planners All other documents required for administering sophisticated estates
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Tax
David J. Ritter, Chair Brach Eichler’s tax lawyers are integral members of the Firm’s teams involved in corporate, limited liability company, and partnership transactions. Because of the comprehensive nature of Brach Eichler’s real estate and commercial practices, our tax lawyers have deep experience in the income taxation of real estate entities including the structuring of like kind tax exchanges. We provide tax advice on all types of complicated business transactions to meet the business objectives of our clients in a tax-efficient manner. We play an active role with financial institutions, investors, and real estate developers in a variety of real estate transactions, including the acquisition and disposition of real estate and businesses. We are equally adept at matters involving the taxation of healthcare entities including hospitals, ambulatory surgical centers, diagnostic imaging centers, physician practice groups, and other care facilities. Our tax lawyers have considerable experience dealing with the unique issues inherent in these businesses including structuring, operations, joint ventures, investments, and dispositions. Brach Eichler’s tax lawyers also have broad experience in dealing with tax issues that can be brought to bear on corporate merger and acquisition transactions and transactions involving partnerships, limited liability companies, and S corporations. We have resolved problems involved in the organization, operation, and division or dissolution of corporate joint ventures, contributions of leveraged property to UPREITs, and tax partnerships. In addition to tax planning for ongoing business transactions, we work with the Trusts & Estates Practice to develop tax strategies for clients’ personal affairs and transactions. We are involved in structuring family limited partnerships or family limited liability companies and in developing other sophisticated techniques for the proper tax-efficient transfer of businesses or personal investment assets. The Tax Practice has applied to the IRS and received numerous grants of tax-exempt status for foundations and charitable organizations of all types including scholarship funds, disaster relief and organizations and family foundations. Our attorneys have experience and proven skills that enable us to handle a wide range of tax dispute issues for our clients including: Pre-controversy tax advice IRS audits and administrative appeals Criminal tax cases
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Real Estate Tax Appeals
Daniel J. Pollak, Chair Our dedicated Real Estate Tax Appeals Practice is comprised of attorneys and carefully trained support staff who handle hundreds of appeals annually in New Jersey and Pennsylvania. The practice possesses a thorough understanding of the intricate legal issues affecting investment real estate and real estate valuation. Our experience and expertise provide clients with unique insights to enhance their prospects of success. Property taxes are typically one of the largest expenses for owners and operators of real estate. Real estate markets are dynamic and constantly evolving; reviewing a property’s assessment on an annual basis is a vital, but often overlooked, strategy in controlling the costs of real estate ownership. However, ascertaining whether an appeal is warranted and prudent is a complex decision which requires deliberate consideration of a variety of factors. Prior to filing an assessment appeal, our attorneys undertake a thorough analysis of each matter and formulate a strategy that addresses not only the particular circumstances of each property, but also the objectives and needs of every individual property owner. Our attorneys have achieved significant tax reductions for a wide range of commercial, industrial, and special-use property owners. We have experience prosecuting appeals for apartment houses, office buildings, warehouses, manufacturing, industrial properties, commercial shopping centers, superregional malls, condominiums and co-ops, hotels and motels, country clubs, and nursing homes. We also have experience with appeals of large residential properties. In addition to valuation appeals, the group also provides counsel regarding issues of exemption, abatement, farmland assessment, and condemnation. Our services include: Analysis of assessments and issues affecting real estate valuation and taxation Representation of taxpayers before County Boards of Taxation and Tax Court in New Jersey Representation of taxpayers before County Boards of Taxation and Court of Common Pleas in Pennsylvania Representation of property owners in condemnation proceedings before the Superior Court of New Jersey Appeals to New Jersey Appellate Division and New Jersey Supreme Court *No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here for the Awards and Honors Methodology.
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Real Estate
Allen J. Popowitz, Chair Brach Eichler’s real estate clients include some of the largest, most well-respected owners of investment properties in the region. Our real estate practice has a long history and reputation for combining a business-minded approach with creative solutions to give our clients a competitive edge. Our personal experience and deep understanding of the issues that drive real estate transactions allow us to render advice that is legally sound and practical and, importantly, consistently achieves our clients’ business objectives. We serve professional real estate investors, operators, and developers as well as real estate lenders in the purchase, sale, leasing, and financing of land, land for development, office buildings, malls, multifamily complexes, retail centers, and industrial properties. While we handle all types of properties and transactions, we are particularly well known for our expertise in apartment building development, acquisition, sales, and financing, closing a substantial number of transactions all over the country. Our team is also comprised of several attorneys dedicated to handling tax appeals of commercial and residential properties. We have been told by our clients that they appreciate our experience and ability to get the deal done – done right and done quickly. Brach Eichler has one of the deepest benches in the state, with 12 lawyers and 7 paralegals solely dedicated to real estate, covering virtually all kinds of matters. Our tax department is particularly skilled in all aspects of real estate taxation, including tax appeals, 1031 exchanges, and finding creative solutions to minimize the impact of federal, state, and local taxes on the transaction. Rounding out our team are our environmental and land use attorneys who advise clients on environmental law, assisting with challenging land use, natural resource, and site remediation concerns, including dispute resolution. Our real estate team has distinguished itself from other real estate practices by spotting and resolving the key issues and moving deals forward quickly to completion. Brach Eichler’s attorneys have extensive experience in sophisticated and complex transactions, including: Apartment building development, acquisition, sales, and financing Retail and commercial leasing, development, sales, acquisition, and financing Commercial real estate finance and lending, including mortgage finance, structured finance, mezzanine and preferred equity finance Real estate joint ventures and equity syndications Zoning, land use, development, and planning Regulatory and code compliance Condominium, cooperative, and other planned unit development communities
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Patent, Intellectual Property & IT
Jonathan D. Bick, Chair Intellectual property is often a firm’s most valuable asset. Brach Eichler has successfully prepared, licensed, and litigated patents, trademarks, copyrights, and trade secrets on behalf of many diverse clients. Brach Eichler specializes in Internet, medical device, and business-related patents. Brach Eichler’s Patent, Intellectual Property and Information Technology Practice integrates engineering insight with a deep understanding of business and tax law to yield a comprehensive range of intellectual property and technology legal services. Our attorneys handle patent preparation, prosecution, and portfolio management for Fortune 500 clients as well as start-up technology companies and individual inventors. We are experienced in drafting and prosecuting U.S. and foreign patents covering inventions in a variety of technologies including computer and software, electrical, mechanical, artificial intelligence, medical device, global positioning systems, consumer electronics, digital signal processing, financial technology, business methods, and telecom. Additionally, Patent, Intellectual Property and Information Technology Chair Jonathan Bick is a law professor and recognized authority on Internet law and a prolific lecturer and author on the subject. Complete text of more than 200 journal and law review articles published by Mr. Bick may be found at www.bicklaw.com. Our services include: All aspects of legal practice before the United States Patent and Trademark Office and the United States Copyright Office Providing assistance with patent, trademark and copyright registration, prosecution, licensing and litigation Providing Internet services, including e-commerce, privacy protection, reputation recovery, and issues related to domain names, spam, cyber crime white collar defense, and identity theft. In the event of litigation, our attorneys formulate and execute legal strategies that are specific to the venue and designed to help our clients reach their goals within their individual timeline and budget constraints.
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Litigation
Keith J. Roberts, Chair Our litigation attorneys are serious litigators. At Brach Eichler, we serve as trusted advisors to our clients in matters from initial case assessment to resolution. Understanding risk and damage exposure guides our pre-litigation strategies. We focus on the needs of our clients with proactive thinking and provide counsel on how to avoid or minimize potential liability in their personal, professional, and business activities. Our lawyers seek to resolve legal matters with an efficient and cost-effective approach. But at the same time, we are zealous advocates. Most important, we build long-term relationships with our clients. We learn the business, the industry, and the culture of our clients so we can deliver exceptional and value-driven legal services. The litigation attorneys at Brach Eichler are active members of the trial bar in the state and federal courts of New Jersey, New York, Pennsylvania, and other jurisdictions. And of note, several members of the litigation practice have been recognized by the New Jersey Supreme Court as Certified Civil Trial Attorneys. We represent national and international companies, as well as mid-sized companies, in many types of legal matters, ranging from contract and business disputes, construction claims, business torts, employment disputes, copyright infringement, unfair competition, trade secret litigation, shareholder disputes, regulatory matters, supply chain and beyond. We are also recognized leaders to healthcare providers in complex reimbursement and regulatory disputes, claim audits, disciplinary proceedings before state medical boards, restrictive covenant breaches, insurance fraud matters, governmental investigations, and medical practice shareholder actions. Clients rely upon Brach Eichler’s litigation team. We have earned a reputation of excellence with demonstrated ability to litigate complex issues and position our clients for successful outcomes. We engage in detailed research and analysis, involving the client in every stage of the process. When the time comes for trial, we are well-equipped and ready. Although our savvy and experienced attorneys maintain a wealth of experience litigating cases through trial, we strive to avoid such expense and risk by seeking practical solutions to the conflicts our clients encounter. Brach Eichler is also known for having the business acumen necessary to understand our clients’ goals and develop creative solutions to our clients’ most challenging problems. We prosecute and defend a broad range of complex litigation, including: Actions before the New Jersey State Licensing Boards ADR/Arbitration/Mediation Appellate matters Bankruptcy/Creditors rights Business/Commercial litigation Complex healthcare payor audits and reimbursement litigation Contract/Vendor disputes Construction litigation Criminal and civil federal and state healthcare investigations Domain name disputes Employment discrimination Environmental litigation General litigation Governmental regulations Healthcare law and regulatory matters Insurance fraud Personal injury litigation Real estate litigation Supply chain litigation Trademark/copyright infringement Trusts/Estates litigation and Will contests White collar crime
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