Labor and Employment
Matthew M. Collins, Co-Chair Anthony M. Rainone, Co-Chair There are dozens of federal labor and employment laws and each state has its own labor and employment laws as well. All in, there are hundreds of labor and employment regulations that exist and no company and no employee can be expected to know the ins-and-outs of each of them. The Labor and Employment Practice at Brach Eichler knows these laws and regulations and can guide you – whether an employer or employee – through the maze of rules that apply to the workplace, and that guidance is provided to you accurately and clearly, without being mired in legalese.
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Healthcare Law
John D. Fanburg, Chair Caroline J. Patterson, Vice Chair In today’s complex and ever-changing healthcare environment, providers and institutional healthcare businesses need trusted and experienced advisors to help them negotiate the myriad legal and business issues that arise in the course of practicing medicine and operating in the healthcare sector. Brach Eichler pioneered the discipline of health law in New Jersey and has developed – and continues to cultivate – its reputation as a leader in health law representation in the region. Our deep bench of health law attorneys – 22 strong – represents individuals and businesses from every corner of the healthcare industry, encompassing both for-profit and non-profit entities. Our clients range from individual practitioners to large physician and dental groups, from hospitals and hospital systems to medical staff organizations, from physician specialty societies to healthcare trade associations, from long-term care facilities to home health and hospice agencies, and from substance use disorder treatment facilities to ambulatory surgery centers and other outpatient facilities. Our attorneys have significant experience with matters and regulations affecting all healthcare providers and businesses. Knowledgeable across a very extensive spectrum of issues, our attorneys deftly handle an array of healthcare business, transactional, licensure, compliance, white collar criminal, and litigation matters. We are actively involved in all developments affecting healthcare industry participants, and have strong relationships with public officials and medical societies at both the state and national level. As such, we are able to effectively advocate on behalf of individual practitioners and healthcare facilities. And as we help our clients adapt and respond to new economic and regulatory challenges, we tap and smoothly integrate other members of the Brach Eichler team in the areas of corporate tax, labor and employment, financial services, litigation, and real estate, among others. The leading attorney ranking company, Chambers USA, cites clients who applaud Brach Eichler’s health law practice, “They provide an outstanding quality of service at an excellent price. They understand their clients, and if there is a job that needs doing they can be counted on to do it right.” Our comprehensive representation to healthcare industry clients includes: Institutional and Society Representation General and outside legal counsel to hospitals and health systems Counsel to nursing home and assisted living facility operators General counsel to physician specialty societies Outpatient Provider Representation Representation of ambulatory surgery centers/ambulatory care facilities Representation of urgent care facilities Representation of federally qualified health centers Representation of licensed healthcare facilities and operators, including radiology, lithotripsy, home health, hospice, dementia care homes, and substance use disorder treatment facilities Other Provider Representation Large and small physician organizations, practices, and individual physicians Large and small dental organizations, practices, and individual dentists Individual practitioners in other health and health-related professions Corporate and Business Matters Business entity formation, bylaws, operational agreements, buy-ins, buy-outs, and dissolution Hospital and medical staff bylaws Business taxation issues Non-profit organization matters Transactional Matters Private equity transactions Hospital-physician joint ventures Healthcare business purchase and sale transactions, mergers, and acquisitions Structuring mergers/consolidation of physician practices and healthcare facilities Due diligence review Drafting and negotiation of vendor, employment, contractor, and restrictive covenant agreements General contracting matters Leasing matters […]
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Family Law Services
Carl J. Soranno, Chair Whether a client is considering marriage or faces the unfortunate consequences of divorce or a custody, guardianship, or trust dispute, Brach Eichler’s Family Law Services Practice can address every aspect of the impact of these events on the client and the family. This practice is comprised of an interdisciplinary group of attorneys that focus on the personal legal needs of the client in family transition. The department’s highly skilled attorneys possess a deep knowledge of the legal issues affecting the family and work in conjunction with Brach Eichler’s leading attorneys in the areas of trust and estates, tax, real estate, corporate, business planning, and healthcare. By blending the skills of key lawyers from multiple practices, the Family Law Services Practice addresses the needs of the individual and family in virtually any situation that could arise from marital formation or disruption, including all areas of post-dissolution planning. These include: Pre-marital business planning and agreements Dissolution of marriage Child support Custody and guardianship Alimony Equitable distribution of assets Business valuation, agreements, and advice Alternative dispute resolution Trusts, and estate planning Litigation Mediation Post-judgment modification and enforcement Appeal While some firms can certainly manage the dissolution of the marriage, including issues that may arise from the marital breakdown, Brach Eichler’s size and the strength of its diverse capabilities offer clients an unmatched perspective as well as a cost-conscious approach. The firm’s collaborative culture is well suited to providing seamless, integrated services that take multiple factors into consideration, leading to sensible and effective solutions. This sets our firm apart from others that merely focus on marital dissolution. Years of experience allow the practice to successfully assist clients with a myriad of issues. The Family Law Services Practice Chair, Carl Soranno, is particularly suited to this role. He has served clients in multiple areas across a wide variety of concerns and challenges. In addition to family law matters, Carl’s 30 years of experience includes business formation, bankruptcy, and commercial litigation. He is also a businessman and entrepreneur, having successfully launched a public biotechnology firm. We help our clients determine their goals and objectives and then, with sensitivity and confidentiality, formulate and implement a strategy to make them real. Our goal is to support and guide you through the process of marital planning and divorce with a strategy that minimizes the impact on your family, while sensibly managing costs and protecting your legal rights throughout completion of the case. If post-judgment matters arise, we welcome the opportunity to further serve you by aggressively taking steps to enforce your former spouse’s obligations and to protect your rights under any judgment or settlement that has been achieved on your behalf. And if trial is necessary, our attorneys, who are highly skilled negotiators, litigators, and trial attorneys will represent you aggressively through trial and appeal if needed. Each family law matter is unique. We have experience working with a wide variety of families and individuals with differing priorities, through difficult challenges. We consistently bring to each matter every resource we possess as a firm, for the benefit of each and every client. Our intent is to […]
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Environmental and Land Use
Frances B. Stella, Chair Environmental regulations have an impact on all aspects of property ownership and development. New Jersey is considered one of the most demanding jurisdictions in environmental regulatory controls. Brach Eichler’s Environmental and Land Use Practice advises clients on all aspects of environmental law, assisting companies across a wide range of industries with challenging environmental, land use, and natural resource concerns as well as in civil and criminal prosecution. Our attorneys have experience in virtually all aspects of environmental practice, including all transactional and litigation services, so we can help our clients navigate federal, state and local regulations and resolve disputes, in order to allow them to pursue their business objectives. We help assess and then minimize environmental risks in acquiring properties, maintaining operations, and also provide solutions for cost-effective site remediation. Environmental Compliance Site Remediation Environmental regulations are constantly changing. At Brach Eichler, we counsel our clients to be proactive in managing environmental issues as part of their business strategies. This includes: Advising clients on state and federal environmental laws and regulations Addressing day-to-day business decisions to resolve environmental concerns and improve operations Assisting clients with environmental permitting; project development, natural resources issues, and air pollution control; solid and hazardous waste, minimization, handling and disposal; vapor intrusion; and water issues Serving as common counsel to national Superfund trusts that successfully resolve lawsuits and identify responsible parties Facilitating clients’ compliance with directives and administrative consent, working closely with the United States Environmental Protection Agency Overseeing environmental consultants and engineers in the conduct of remedial activities and interaction with the public Counseling on compliance with site remediation requirements under CERCLA, NJ Spill Act, ISRA, and other regulatory programs Representing parties seeking to purchase property and conducting environmental due diligence Counseling on Underground Storage Tank (UST) compliance and closure programs Litigation, Civil, and Criminal Enforcement and Toxic Tort Law Our attorneys have trial and appellate experience in state and federal courts, and before administrative agencies, including: Representing clients in civil and administrative enforcement actions, as well as private lawsuits Representing clients in administrative appeals Litigating suits involving current and former owners, tenants, and operators over cleanup responsibility, cost recovery, contribution, and related costs and damages Negotiating with state environmental agencies and the United States Environmental Protection Agency to lower penalties and resolve enforcement actions involving environmental compliance issues for air, water, stormwater, hazardous and solid waste, and spill prevention Defending potentially responsible parties in government cost recovery and liability actions Representing defendants in major complex toxic tort litigation involving numerous plaintiffs and defendants Due Diligence Assisting individuals, developers, and large corporations with environmental issues involved in real estate transactions Working with real estate counsel to draft environmental provisions benefiting clients in purchase and sale agreements and other loan documents and overcoming lender hesitancy and reservation where environmentally challenged properties serve as loan collateral Advising clients on the selection, retention, and supervision of environmental consultants and engineers Identifying issues and finding solutions to avoid future environmental problems associated with transactions Land Development, Planning and Zoning Our land use attorneys represent owners and developers of real estate in all phases of the […]
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Criminal Defense and Government Investigations
Riza I. Dagli, Chair When your liberty and livelihood are on the line, you need an experienced team protecting you. Brach Eichler’s criminal defense attorneys provide their clients with counsel during all phases of a criminal investigation, from subpoenas and arrests, to trial and appeal. Regardless of whether the charges are being brought in federal or state jurisdictions, our team is ready to advocate, negotiate, or litigate. With a team that includes former prosecutors, our attorneys have represented both the government and defense sides of complex criminal cases, including healthcare and insurance fraud, labor and unemployment fraud, racketeering and money laundering, and environmental crimes. Healthcare and Insurance Fraud The States of New Jersey and New York are served by multiple county, state, and federal agencies whose goal is to investigate and prosecute fraud committed by healthcare professionals. As the cost of healthcare increases, the efforts of these agencies also increases resulting in more scrutiny, investigation, and prosecution of providers. To effectively defend the rights of healthcare professionals, our attorneys get involved early and not only bring a thorough understanding of the underlying administrative and statutory law, but an understanding of the evolution and development of the law, the agencies that enforce them, and the courts that litigate them. With potential penalties that include prison, loss of license, and significant fines, healthcare fraud may be prosecuted more heavily than other financial crimes, and requires a strong and meticulous defense. Our attorneys combine aggressive advocacy with practical solutions to mount a vigorous defense on behalf of their clients.
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Corporate Transactions & Financial Services
Brian Richard Lenker, Chair Businesses today need legal counsel that understands all of the angles, yet is nimble and crosses the finish line quickly. Brach Eichler’s Corporate Transactions Practice provides representation and counseling on all aspects of business transactions and business law. We take a holistic approach to representing our clients and have a deep bench of attorneys who focus on various areas of law which allows us to provide a full range of services to our clients. For both corporate and individual clients, our attorneys provide strategic guidance on all matters related to structuring transactions for corporate and tax purposes, corporate governance, and meaningful due diligence, among many other legal issues. Our attorneys often work closely with our clients’ accountants, stockbrokers, insurance agents, and other financial advisors to achieve the best possible results for our clients. If a client is in need of an advisor, we employ our resources and referral base to assist in locating and engaging other professionals who can contribute to the success of their business. Our attorneys address the diverse, day-to-day needs of our clients’ businesses. Specifically, we assist with such matters as: Formation, operation, and reorganization of corporations, partnerships, limited liability companies (LLCs), limited liability partnerships (LLPs), and joint ventures Liquidation and dissolution of corporations, partnerships, LLCs, LLPs, and joint ventures Mergers and acquisitions Capitalization and financing Contract negotiations Corporate governance Purchasing and selling assets Master service agreements and statements of work Employment and restrictive covenants Facilities expansion and contraction Customer and vendor/supplier contracting Workforce management Executive compensation Owner conflict resolution and business divorce Legal and business counseling and crisis management Labor and employment issues Typically, for those clients without internal legal resources, we serve as “outside” general counsel, fulfilling the role of business advisor while servicing a broad range of legal needs. For companies that have an internal legal staff, yet require specific legal support, we provide the appropriate insight and capability to enable them to achieve their business objectives. In either case, the real-world experiences of our attorneys allow us to deliver practical, effective solutions and counsel, rather than mere legal theory. We pride ourselves on being strategic partners in the success of our clients’ businesses.
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Cannabis Industry
John D. Fanburg, Co-Chair • Charles X. Gormally, Co-Chair A growing number of states have instituted a legalized and regulated cannabis marketplace, while others are poised to seriously consider ending cannabis prohibition. With November 2020’s historic vote, New Jersey is getting ever closer to a regulated, adult-use marketplace. This emerging business development presents both challenges and opportunities affecting state and local governments; banking and taxation; real estate and land use regulation; healthcare and medical testing; and industries including food production, farming, packaging, and tourism. Brach Eichler’s Cannabis Practice is comprised of thought leaders across this industry spectrum. Our attorneys are uniquely qualified to navigate complicated and highly regulated marketplaces, while providing practical and informed guidance to entrepreneurs participating in this business. Brach Eichler is well positioned to mentor you as the legislative and regulatory process for legalized cannabis emerges in New Jersey. We are ready to help you strategize and work through the legal and business issues facing your enterprise. Cannabis Industry Practice Overview Brach Eichler’s observations following the announcement of an adult-use cannabis bill in New Jersey Brach Eichler’s most recent White Paper: “New Jersey Cannabis: Observations on Opportunity Lost Along the Way” “Ten Steps to a Billion-Dollar Marketplace: Facts, Observations, and Market Opportunity” “Legal Cannabis in New Jersey: Is This Joint Worth A Quick $1 Billion?” “The Business, Regulatory and Legal Challenges—and Opportunity—of a Legalized Cannabis Marketplace in New Jersey” Visit our new Cannabis Resource Center Brach Eichler’s Podcast, “Cannabis Realities” We are excited to introduce Brach Eichler’s new podcast on Cannabis Radio, “Cannabis Realities,” where our Cannabis Industry Co-Chairs Charles Gormally and John Fanburg speak to innovators and influencers in the cannabis industry about marketplace issues and cutting-edge developments. Have a listen—we are looking forward to sharing our thought-provoking cannabis industry content with you. Episode 1: “Groundbreaking Research in Cannabis Therapeutics” – featuring Brach Eichler Cannabis Industry Co-Chair Charles Gormally and Scott Karolchyk, Director of Formulation Development for MedPharm Holdings Episode 2: “Pharmaceutical Grade Cannabis Research” – featuring Brach Eichler Cannabis Industry Co-Chair Charles X. Gormally and Andy Williams, Co-Founder of renowned cannabis medical chain Medicine Man Episode 3: “Social Injustice of Failed Cannabis Prohibition” – featuring Brach Eichler Cannabis Industry Co-Chair Charles X. Gormally and Judge Jim Gray, author and outspoken critic of the War on Drugs Episode 4: “Investment Opportunities in the Cannabis Industry” – featuring Brach Eichler Cannabis Industry Co-Chair Charles X. Gormally and Vikas Desai, co-founder and partner at WelCan Capital Episode 5: “A Journey Through the Cannabis Industry” – featuring Brach Eichler Cannabis Industry Co-Chair Charles Gormally and Chris Melillo, Senior Vice President, Retail, of Curaleaf. Brach Eichler Cannabis Practice Video Series Brach Eichler – Cannabis Industry Practice Overview Employment Law Concerns as New Jersey Legislates Cannabis Use A Primer on NJ’s Business Landscape for Out-of-State Marijuana Businesses Legislative Landscape for NJ’s Expanded Medical Marijuana Bill
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