The Straight Word March 2020 by burlcobar

The Straight Word Vol. 54, No. 3

Burlington County Bar Association

Upcoming Events

March 2020

Bags & Bourbon

March 10

Immigration Law Seminar - 4:30 - 6:45 p.m. County Office Building

Workers Compensation Seminar - 4:30 - 6:45 p.m. County Office Building

WIP “Me Too” Movement Seminar - 4:30 - 6:45 p.m. County Office Building

BCBA Board of Trustees - 4:30 - 5:30 p.m. Bar Headquarters

New Member Mixer - 6:00 - 7:30 p.m. Bar Headquarters

Senior Attorneys Luncheon - 12:30 - 1:30 p.m. Burlington Country Club

BCBF Board of Trustees - 5:30 - 6:30 p.m. Bar Headquarters

Family Section Seminar - 4:30 - 6:45 p.m. County Office Building

On April 2, the Burligton County Bar Foundation will host its first ever Bags & Bourbon Bingo! With twelve rounds of bingo, designer handbags and briefcases/trial bags to win, as well as raffle prizes featuring bourbon, wine, gift certificates, and more, this is a great night with lots of opportunity for luck! For an admission price of just $35 you will receive bingo cards for ten rounds, light desserts, and three raffle tickets. Additional bingo card packets are available for $10 each, and two bonus rounds of bingo will be available for $5 per card. Daubers will also be available for purchase, as well as raffle tickets. Our favorite attorney/elf from the Children’s Holiday Party, Gary Boguski, will make a grand appearance as our bingo caller for the evening! Proceeds from Bags & Bourbon Bingo directly benefit the Foundation’s service projects, including the Children’s Holiday Party, granting programs to area charities such as shelters and food banks, high school civic group grants, and more. Join us at the Community House in Moorestown for a fun night!

April 2

BCBF Bags & Bourbon Bingo! - 6:00 - 9:00 p.m. The Community House, Moorestown

Senior Attorneys Luncheon - 12:30 - 1:30 p.m. Burlington Country Club

Demystifying Chancery Practice (tent.) DoubleTree Inn & Suites

BCBA Board of Trustees - 4:30 - 5:30 p.m. Medford Village Country Club

Haines Award - 6:00 - 8:30 p.m. Medford Village Country Club

We are seeking Bingo Sponsors, as well as donations of handbags, raffle items, and more! Sponsor a bag or raffle and have your or your firm’s name listed and announced at the event!

Members on the Move

New Members

Donald N. Elsas, Esq. 505 S. Lenola Road Suite 205 Moorestown, New Jersey 08057 Ronald M. Katkocin, Esq. Katkocin Law Office 1288 Route 73 South, Suite 301 Mt. Laurel, NJ 08054 Stephen J. Wenger, Esq. Dept. of Criminal Justice, Prosecutorâ&#x20AC;&#x2122;s Supervision & Training Bureau 25 Market Street, P.O. Box 085 Trenton, NJ 08625 p: 609.376.3365 WengerS@njdcj.org

Member News New Jersey law firm Parker McCay announces the promotion of BCBA member Brett E.J. Gorman to shareholder. Mr. Gorman concentrates his practice in public schools and education. He represents public school boards of education in all areas affecting their operations including special education, civil litigation, labor and employment matters, and negotiations. On behalf of those clients, he regularly appears before the Third Circuit Court of Appeals, District Court of New Jersey, New Jersey Superior Court - Appellate Division, and the Office of Administrative Law. The Hon. Kim C. Belin was recently appointed as an Administrative Law Judge. The Hon. Joan M. Burke was recently appointed as an Administrative Law Judge.

Published by The Burlington County Bar Association 137 High Street, 3rd Floor Mount Holly, NJ 08060

Jessica Carosiello, Esq. Horn Law Group, LLC 720 East Main St., Suite 25 Moorestown, NJ 08057 p: 856.252.0482 f: 732.281.2914 jcarosiello@hornlawgroup.net Claudia J. Gallagher, Esq. Scott Counsel, P.C. 1230 Brace Rd., Cherry Hill, NJ 08034 p: 856.979.7943 f: 856.281.3111 cgallagher@scottcounsel.org Solaris Power, Esq. Kulzer & DiPadova, P.A. 76 E. Euclid Ave., #300 Haddonfield, NJ 08033 p: 856.874.7131 spower@kulzerdipadova.com Justin L. Scott, Esq. Scott Counsel, P.C. 1230 Brace Rd., Cherry Hill, NJ 08034 p: 856.979.7943 f: 856.281.3111 jscott@scottcounsel.com Alexis Walker - Student 3320 Market St. Philadelphia, PA 19104 p: 856.912.7400 alexis.walker2121@gmail.com

Senior Attorneys Luncheons

Email: bcba@burlcobar.org Website: www.burlcobar.org Phone: 609.261.4542 Fax: 609.261.5423

OFFICERS Pamela A. Mulligan.....................President Reema Scaramella..............President-Elect Brett Gorman.......................Vice President

TRUSTEES 2017-2020 Megan K. Balne Licardo Gwira Hon. Marie E. Lihotz (Ret.) James M. Vogdes, III 2018-2021 Brenda Roman Maneri Mary Ann C. Oâ&#x20AC;&#x2122;Brien Steven A. Traub Berge Tumaian 2019-2022 Ashley H. Buono Daniel Posternock Victoria A. Schall Matthew J. Schorr

YOUNG LAWYER TRUSTEES 2018-2020: 2019-2021:

Kathryn Rivera Daniel F. Thornton

Immediate Past President: Jennifer Stonerod New Jersey State Bar Trustee: Janice L. Heinold Executive Director: Amanda K. Schkeeper EDITORIAL BOARD Amanda K. Schkeeper..........................Designer, Editor, Print & Circulation Manager The Straight Word Committee

March 19 & April 18 12:30pm Burlington Country Club 170 Burrs Rd., Westampton Order from the menu individually - Dutch Treat! All are welcome.

The Straight Word

STATEMENT OF POLICY The existence of the Burlington County Bar Association is made possible by your financial support. However, our success in fostering professional growth and improving the practice depends on your participation in meetings, programs, seminars, and the work of committees, as well as your support of The Straight Word by way of suggestions and contributions. Contributions are welcome, subject to the deadline of the 10th day of each month. The Straight Word is published ten times a year. The right to edit and publish is reserved. March 2020

PRESIDENT’S MESSAGE Welcome March! The month that comes in like a lion and goes out like a lamb may bring some snow to our region... However, I hope that the month will also bring much sunshine! As I am writing this article and looking forward to spring temperatures, I am also reflecting on how fast my year as the Burlington County Bar Association President is ending. After this month, I will have only two more articles to write… only a few more events to preside over… and shortly we will be selecting our successors to our BCBA Board of Trustees. Over the past few months, we have experienced changes on our Board for very positive reasons. Two of our dedicated BCBA officers received Judicial Appointments as Administrative Law Judges in New Jersey. We are so proud of the Honorable Kim C. Belin and the Honorable Joan M. Burke in their new appointments! They will be greatly missed as members of our Board of Trustees but we know they will remain active members of the BCBA, hopefully for many years to come. Judge Belin and Judge Burke are two examples of what volunteerism in your Bar Association can help you achieve! While, it is certainly not the only qualification the led these two women to their future in the judiciary…. It most surely helped them glean additional leadership skills, exposure in our legal community, and the ability to discern what the future might hold for both of them as members of the Bench. Their appointments leave an additional two openings on our Board of Trustees. Every year our Nominating Committee selects a Secretary who will be confirmed by our full membership at the annual Law Day Dinner. Typically, our other officers move up one rung to the next available officer position. The two openings of what would have been our next President, Judge Burke and our next 3

Vice President, Judge Belin leave three positions open to be filled for 2020-2021. Those positions are Vice President, Treasurer, and Secretary. When this article is printed in March, we will be close to knowing who those new officers will be, as our nomination period would have been concluded. However, what I do know is that we have many qualified BCBA members in good standing that have been nominated for these positions. What does all this mean? It means that we are successfully developing volunteers and filling our pipeline with future leaders! It means that our members are answering the call to become involved with their Bar Association. It also means that our members are recognizing how fulfilling being a BCBA member and volunteer means to their career. Now, not all of us will become members of the judiciary… but Judge Burke and Judge Belin are two wonderful examples that involvement in the Bar Association helped them along the way while they were giving back to our legal community and the broader Burlington County Community. If not this year, think about next year? Become more involved… speak on a panel, join a committee, come to our programs and events. Finally, join me in congratulating Judge Belin and Judge Burke! Please reach out to me directly if you have any questions or suggestions. I would love to hear from you. There are many ways to engage with our Bar Association and I hope you will consider volunteer roles now and in the future with us. You can reach me via email at pamullig@syr.edu or via phone at 908-472-0185 anytime. Thank you for being a member!

The Straight Word

March 2020

Wine Pick of the Month By Janice Heinold, Esq. Five months of physical therapy paid off when I was able to get back on the slopes this winter. This year’s big ski trip was to Ischgl, Austria. “Downhill”, the new movie featuring Will Farrell and Julia Louis-Dreyfus, was filmed in Ischgl. It is a beautiful Austrian ski resort, where you can ski back and forth between Austria and Switzerland. We had great weather, nice enough to eat lunch outside most days, and one powder day. We stayed at Hotel Brigitte, a ski-in property, and enjoyed four course dinners each evening. I was tasked with choosing the wine for our table. There were many quality Austrian and Italian wines on their wine list, such as Gewurztraminer, Blaufrankisch, St. Laurent, Zweigelt, and Super Tuscans. One of the wine picks was a wine produced within the city limits of Vienna, called Weiner Gemischter Satz (Viennese mixed blend), produced by Fritz Weininger. Enjoying a bit of renaissance of late, this traditional white blend is predominantly Grüner Veltliner, with Weissburgunder, Welschriesling, Chardonnay, Riesling, Sylvaner, Traminer and Neuberger. Rather than being grown in separate vineyards, and blended after the wine is fermented right before bottling, these different varietals are co-planted in the same vineyard (within Vienna’s city limits), harvested at the same time, and fermented in stainless steel as one wine from the start. Straw yellow, with aromas of apple, peach, white pepper, lemon, apricot, honeysuckle, and white flowers. Medium-bodied with fresh acidity, this wine pairs perfectly with wiener schnitzel and fish. It’s available online for about $20 a bottle. 4

My friends who live in Vienna most of the year were able to join us in Ischgl for the week. They recognized one of their favorite red wines on the menu: Weingut Erich Scheiblhofer “Big John” Cuvee Reserve, which had won an informal wine tasting they attended. A blend of 60% Zweigelt, 20% Cabernet Sauvignon, and 20% Pinot Noir, it is aged 12 months in American oak barriques, which imparts caramel notes to this fruit-forward, modern style blend. Sadly, not available in the USA, yet. Our trip had a three-day extension in Prague, a city I had never been to before. It is one of the most beautiful cities I have ever been to, with cobblestone streets, colorful stone buildings, and a massive castle overlooking the Vltava River. While known for its delicious Czech beer (we had lots of that also), we found a tasty red wine on sale for the equivalent of $3.50 a bottle in the local Billa grocery store: Frankovka. I had no idea what it was, but for $3.50, who cares? Dark red in the glass, dark berries and pepper on the palate, medium-bodied, it reminded me of Blaufränkisch, and it turns out, that’s what it was. Blaufränkisch has probably been around since the middle ages when it was called “Frankisch” wine, but the name Blaufränkisch was first recorded in a Wine Exposition in Vienna in 1862. It’s sometimes called Lemberger when grown in Washington or New York. Blaufränkisch is very easy to drink, and Austrian versions are easily found in local wine stores for about $15-20 a bottle.

Na Zdravi!

The Straight Word

March 2020

Choose Civility - The Virtues of Simple Preparation By Scott A. Coffina, Esq. - Professionalism Committee “Good luck is the residue of preparation.” Jack Youngblood As a practicing lawyer, one of the most important ingredients for success too often is hiding in plain sight. Simple preparation can make the difference between winning and losing a motion or an entire case, maintaining or losing a key client, and gaining the respect of colleagues, adversaries and judges we appear before as a “professional” in our field. So what does preparation look like? It looks like knowing the facts and relevant case law cold, so you can persuasively argue before the court why the cases you cite support your position, and why the law your opponent cites is distinguishable. It means knowing the facts well enough to cross examination an adverse witness not only on obvious inconsistencies in their testimony, but on the small yet important discrepancies that help a jury envision your version of events. It also means coming to a pitch meeting with a potential client not only familiar with the type of problem they are dealing with, but also familiar with their particular problem, and proposing a strategy to address it. Recognizing that “My Cousin Vinny” moments don’t come along every day, and more junior associates are not always in position to make the pitch for the big client, preparation is no less important for a young attorney trying to establish themselves. Some of the tips discussed below may seem obvious. If so, good for you. But there are a bewildering number of occasions when preparation falls short. So here are a list of thoughts demonstrating how preparation leads to success in our profession. “90% of life is showing up.” Woody Allen 1. Come to the right courtroom, at the right time. Lawyers have busy schedules, and often appear before multiple judges in different courtrooms. Showing up in the right place at the right time is harder than it looks, but represents a baseline of professionalism that judges and clients have a right to expect. You as an attorney operate on the judge’s calendar, not the other way around. If you have a conflict with another matter, do not wait until the last minute to address it. “I don’t believe in luck, I believe in preparation.” Bobby Knight

accounted for your adversary’s counter-arguments or the judge’s questions. Credibility with the court is a precious commodity, and it starts with the court seeing that you are prepared. Being late or unprepared to address the matters the court scheduled for that day reflects unforced errors that can cost you a critical asset: the benefit of the doubt by the court. “Every battle is won or lost before it’s ever fought.” Sun Tzu 3. Spend the time necessary to prepare your witnesses. “Law and Order” is not life. Rarely is there a “gotcha” moment before the jury that wins the case. Rather, most cases are won with the logical and methodical presentation of the facts by witnesses with firsthand knowledge of the underlying events. Those witnesses need to be prepared to tell their story coherently and persuasively, and to be prepared for challenge on cross examination. The investment of time getting to know a witness and the strengths and weaknesses of their testimony limits the possibility of surprises under the pressure of trial that would be difficult for an unprepared attorney to react to. The prepared attorney can respond to a witness “going south” (it happens!) with an effective redirect examination, or other witnesses that could buttress their case. “You can’t predict the future, but you can plan for it.” Saji Ijiyemi 4. Know your adversary, know your judge. This is the simple spadework of representing your client effectively in the matter, not just in the courtroom. All people have tendencies. It is important to get to know the tendencies of your adversary, and of the judge who ultimately will determine your client’s fate in the matter if it proceeds to trial. If your adversary has a reputation for avoiding trial and settling cases, you might stand firmer in settlement or plea negotiations, whereas if your adversary consistently takes cases to trial if they don’t resolve early, you might advise your client to accept an early offer if it is reasonable. Similarly, it is important to research whether the judge you are appearing before has handled similar matters or ruled upon similar issues as those in your case, and how the judge decided those cases. The judge’s prior history may help determine whether to file a motion or concede the point, and even whether to take a case to trial or retain more control over the outcome with a settlement or plea. This type of preparation can save your client time, money and heartache in reaching a predictable outcome. These principles are easy to adopt, but require consistent application. Ignoring them will negatively impact your presentation and the outcome of your matter, as well as your professional reputation. Remember: “By failing to prepare, you are preparing to fail.” Benjamin Franklin

2. Be ready to go when the judge takes the bench. Have your witnesses and evidence lined up and/or your legal arguments on the pending motion ready, having already anticipated and 5

The Straight Word

March 2020

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Remember! It doesn’t cost you anything to call us on a matter. It may cost you dearly by not calling us on that matter. We can help, so why not give us a call! We have carefully focused and developed our practice to specialize in the complexities of tax planning and compliance; financial consulting; accounting and review services; estate planning and compliance. We assist our judiciary and legal colleagues in any and all matters involving your clients or you personally. • Contract disputes • Critique of other expert reports • Matrimonial litigation and Interrogatory assistance • Shareholder disputes & • Document requests & partnership dissolutions productions • Lost profit claims & damage • Arbitration and Mediation measurement • Tax related valuations • Business interruption claims • Lost earnings from wrongful • Business valuations death, termination or personal • Fraud investigations injury claims South Jersey Office

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March 2020

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The Straight Word

March 2020

Winter Soiree Honors Brenda Roman Maneri On January 23, 2020, more than 80 friends and colleagues gathered at Carlucciâ&#x20AC;&#x2122;s on the Waterfront to celebrate the 2020 Katherine D. Hartman Outstanding Woman in the Profession recipient, Brenda Roman

Maneri. This annual event, hosted by the Women in the Profession Committee, provides an opportunity to mix and mingle with the professional women of both the Bench and Bar of Burlington County.

Jim Ronca, Judge Jeanne Covert, Jennifer Stonerod, Glen Filippone, Rebecca Berger, Brenda Maneri, Kathleen Tonczyczyn, Kathleen Grahn, James Gerrow, and Rocco Minervino

Susan Katz-Murphy, Sarah Eaise, Brenda Maneri, Tiffany Rozelle, and Kathleen Page

Brenda and Frank Maneri

Special Update From the Board of Trustees The Burlington County Bar Association Board of Trustees is pleased to announce that two of our officers have recently been sworn in as judges! Hon. Kim C. Belin and Hon. Joan M. Burke have joined the Office of Administrative Law. These appointments have created additional vacancies for our Officer and Trustee positions for the 2020-2021 year. On February 19, the Board of Trustees unanimously approved the promotion of current officers Reema Scaramella and Brett Gorman to the positions of President-Elect and Vice President, respectively. The Treasurer and Secretary positions will remain vacant until the Annual Meeting on May 5, where in addition to Trustee positions, the incoming Vice President, Treasurer, and Secretary offices will be filled.

*** Save the Date for this yearâ&#x20AC;&#x2122;s Installation Dinner on Thursday, June 11 *** 8

The Straight Word

March 2020

Desk Yoga Pose of the Month By Melanie Levan, Esq. Being a lawyer can be stressful. Being anything in 2020 can be stressful. Demanding clients, filing deadlines, difficult adversaries. Add to that, multiple phones ringing, phone blowing up with texts from spouse/kids/family, incessant email pinging. Will a simple chair yoga pose solve your problems and transport you to a zen dimension? Well, no. But will it give you 3 minutes of peace and quiet? Maybe. And that’s good enough. Start by putting your cell phone on silent, your office phone on do not disturb, and silencing your computer speakers. Turn so that you are not facing your computer. If are lucky enough to have a window, that might be a nice view, even if it’s of a parking lot. If none of this is possible, just close your eyes. Sit in your chair, spine long but not touching the seat back, feet flat on the floor. If you can slip your shoes off without a production, do so. Wiggle your toes and circle your feet in both directions. Roll your shoulders up and back and feel your shoulder blades slide down your back. Close your eyes, let your hands fall on your lap or wherever is comfortable, and take three deep full breaths. Really nice ones, the kind where your belly inflates like a balloon on the inhale.

Still seated with that nice tall spine, keep one foot on the floor, and extend a leg out straight, flexing the foot. If you have something under your desk like a trash can or a stack of files you’ve been avoiding, you can prop your foot on it. If not, just keep it extended. Inhale and reach your arms up and overhead, exhale and bend over the extended leg, reaching your hands to your foot, your calf, wherever they land. If this is too much stretch, bend your knee. If you position things just right, you can even rest your head on your desk. If anyone walks by, they’ll just think you are (a) napping (b) silently weeping or (c) banging your head in frustration. They will not want to disturb any of those things and will continue on their way. Stay here for at least five complete breaths, using your inhales to find length along your spine, and your exhales to bend a little deeper. Be mindful of any sensations you are feeling. Stretchy and slightly uncomfortable? That’s ok. Keep breathing and it will pass. Sharp shooting pain? That’s a no go, back off on the fold and/or bend your knee more. After your fifth complete breath, on the next inhale, round your back, roll back to upright. Repeat with the other leg. When you’ve completed your stretch, finish with another round of three breaths. Remember to turn back on the cell phone, office phone and email. Or not. Up to you.

The Straight Word

March 2020

Law Firm Marketing By Thomas D. Begley, Jr., CELA Everyone in the law firm markets—from the receptionist to the senior partner. Therefore, everyone must be trained about the importance of marketing, including how to handle clients and how vital it is that the firm has a steady stream of clients. Keys to Marketing  Personal Contact. Successful marketing is mainly achieved through personal contact. For example, a firm brochure, by itself, is unlikely to attract a client. However, the same brochure is effective if it is personally given to a potential client.  Client Orientation. Legal services are client-driven. Therefore, a successful marketing program must be client-driven. The purpose is not to let the world know how great the law firm is, but rather to inform how the firm’s services can satisfy their needs. In order for the firm to determine which services to offer, the firm must first identify its competencies. Those specific services should then be marketed.  Monitoring. Marketing efforts, expenditures, and results must be monitored. A marketing budget must be developed, and each attorney must commit 10% to 15% of his or her time to marketing. This attorney time expenditure should be monitored quarterly.  Differentiation. The goal of the firm is to establish a brand name distinguishing itself from its competition. What about the firm’s work product, the manner in which the firm’s services are delivered, or the background of the members of the firm differentiate it from other firms? Important factors in differentiation include expertise and experience of firm members, market presence, high visibility of firm members, and specialties offered by the firm.  Patience. Law firms must understand that marketing results take time. Only by maintaining a consistent marketing effort over a long period of time will it succeed.  Profitability Analysis. A law firm must determine which of its services are the most profitable. Those are the services that should be marketed the hardest.  Value. The firm must analyze the value that it adds to the process. It must be able to convey why its clients cannot solve their problems by themselves or with another lawyer.  Quality of Marketing Materials. Marketing materials often give the client their first impression of the firm. Accordingly, it is important for the firm to spend money to have the in-house marketing materials properly edited. If the marketing materials 10

contain typographical errors or poor grammar, the image conveyed to the client is one of a firm that is poorly educated, does not pay attention to detail, or a combination of both. Client Service  Attitude. The attorney and staff should be positive, friendly, and courteous in all dealings with clients. The firm wants to let clients know that its members care about them and their problems.  Waiting. Clients should never have to wait and appointments should be scheduled with that in mind. A staff member should meet them as soon as they arrive and review their intake forms. If the lawyer keeps the client waiting more than 15 minutes, apologize, acknowledge the client’s time is valuable and give a $100 discount on the fee.  Client Copies. If the attorney prepares documents or correspondence, the client should always receive copies. This keeps the client informed and shows work is being done on their matter.  Contact Person. A case manager should be assigned to each client as the client’s contact. Marketing Director Every law firm should have a marketing director. Depending on the size of the firm, this can be a full-time or a part-time position. Typical duties of a marketing director include: Preparing and distributing firm brochures; Coordinating firm events; Publishing the firm’s newsletter; Networking with other organizations & potential referral sources; Maintaining the firm’s website; Collecting and distributing a firm e-mail newsletter; Maintaining the firm’s marketing database; Supervising an outside marketing consultant and/or public relations consultant; Arranging free speaking engagements; and Developing press releases. Consultants An outside marketing consultant can be extremely helpful. He or she can prepare graphics and design a strategic marketing plan. Some firms may also find it useful to hire a public relations consultant. This person’s job involves publicity—arranging for members of the firm to be mentioned in newspapers and to appear on radio and television programs to discuss the firm’s services or pertinent legal issues. (Face time is marketing!) To ensure that marketing is effective and to encourage firm members to participate in the marketing program, persons who devote time to marketing must be compensated. One way to accomplish this is to design the lawyer compensation packages so that credit is given for bringing files into the firm, independent of the work produced on those files.

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March 2020

Restrictive Covenants in New Jersey By Dean Shauger, Esq., Employment Committee Your client, the CEO of a local company, calls. She has been losing employees to her main competitor and is worried about their misuse of confidential information and the loss of customer relationships. She is considering restrictive covenants but has a lot of questions about them: Do I have to provide additional compensation to my employees in exchange for signing a restrictive covenant? Not in New Jersey. While some states require separate consideration for a restrictive covenant, New Jersey courts reason that the employer’s offer of employment or continued provision of employment can be sufficient consideration for a restrictive covenant. Hogan v. Bergen Brunswig Corp., 153 N.J. Super. 37, 43 (App. Div. 1977); Grinspec, Inc. v. Lance, 2002 WL 32442790, No. A-3313-01T1 (App. Div. Aug. 13, 2002), certif.. denied, 178 N.J. 251 (2003). Of course, if the employee already has a contract guaranteeing her continued employment, then something other than continued employment would have to serve as consideration for the covenant not to compete. And a judge considering the equities may look to consideration provided as a factor in the analysis. Do most restrictive covenants have geographic limitations? Yes. In New Jersey, a geographic restraint must pass the threeprong Solari/Whitmyer test. Solari Industries, Inc. v. Malady, 55 N.J. 571, 576 (1970); Whitmyer Bros., Inc. v. Doyle, 58 N.J. 25 (1971). That test requires the court to determine whether (1) the restrictive covenant was necessary to protect the employer’s legitimate interests in enforcement, (2) it would cause undue hardship to the employee, and (3) it would be injurious to the public. The first two prongs of the test require a balancing of the employer’s interests in protecting proprietary and confidential information and the asserted hardship on the employee. Ingersoll–Rand Co. v. Ciavatta, 110 N.J. 609, 628, 542 A.2d 879, 892 (1988). The third requires the reviewing court to analyze the public’s broad concern in fostering competition, creativity, and ingenuity. Id. at 894. Under this test, New Jersey courts will find covenants containing broad geographic limitations reasonable if they are no broader than necessary to protect the employer’s interests. Scholastic Funding Grp., LLC v. Kimble, No. CIV A 07-557 JLL, 2007 WL 1231795, at *5 (D.N.J. Apr. 24, 2007) How long can the restrictive covenant last? In New Jersey, a time limitation in a restrictive covenant must be reasonable—that is, the duration “must be narrowly tailored to ensure the covenant is no broader than necessary to protect the employer’s interests.” The Cmty. Hosp. Group, Inc. v. More, 183 N.J. 36, 58 (2005). New Jersey courts have enforced 11

restrictive covenants ranging from one-year to five-years in length depending on the unique circumstances of the case. Balsamides v. Protameen Chems., 160 N.J. 352 (1999) (one year); A.T. Hudson & Co., Inc. v. Donovan, 216 N.J. Super. 426 (App.Div.1987) (two years); Karlin v. Weinberg, 148 N.J. Super. 243, 248 (App. Div. 1977) (five years). What happens if I fire an employee? Is the restrictive covenant still enforceable? While in some states, employers cannot enforce restrictive covenants against employees they fire, in New Jersey, termination is just one factor to consider in analyzing whether the restrictive covenant causes undue hardship to the employee (the second prong of the Solari/Whitmyer test, above). As explained by the New Jersey Supreme Court: Where [the employee’s termination] occurs because of a breach of the employment contract by the employer, or because of actions by the employer detrimental to the public interest, enforcement of the covenant may cause hardship on the employee which may fairly be characterized as “undue” in that the employee has not, by his conduct, contributed to it. On the other hand, where the breach results from the desire of an employee to end his relationship with his employer rather than from any wrongdoing by the employer, a court should be hesitant to find undue hardship on the employee, he in effect having brought that hardship upon himself. Karlin v. Weinberg, 77 N.J. 408, 423-24 (1978); see also Ingersoll Rand Co. v. Ciavatta, 110 N.J. 609, 642 (1998) (explaining that the fact that the employee had been fired weighed heavily in the employee’s favor, because “his departure . . . and subsequent invention and development of his own competing product do not suggest that he purposefully left to develop a competing product on the basis of knowledge he gained from his employment.”); Pierson v. Medical Health Centers, P.A., 869 A.2d 901 (N.J. 2005) (enforcing a restrictive covenant against an employee whose employment contract was not renewed). What happens if an employee refuses to sign a restrictive covenant? Can I fire them? In the absence of an employment contract, employment in New Jersey is at-will, terminable at any time, for a good reason, a bad reason or no reason at all – so long as the discharge does not violate a statute or a clear mandate of public policy. According to the New Jersey Supreme Court in Maw v. Advanced Clinical Communications, 179 N.J. 439, 448 (2004), an employee’s private dispute with her employer over the terms of a restrictive covenant does not implicate a “clear mandate of public policy” or violate the Conscientious Employee

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...Law Firm Marketing, cont’d

...Restrictive Covenants, cont’d

Marketing in a Nutshell

Protection Act (CEPA). Thus the Maw court held that it did not violate CEPA for an employer to fire its employee for refusing to sign a restrictive covenant, even one that is overbroad. The employee could have signed the agreement and disputed the reasonableness of the restrictive covenant if her employer attempted to enforce it against her.

In a nutshell, marketing consists of three steps:  Profile of Ideal Client. Marketing begins by developing a profile of the ideal client. This is someone who is a pleasure to serve and is willing to pay. What are some other characteristics? Once the firm has defined its ideal client, it can begin to target its marketing efforts..  Benefit. What is the benefit the client receives from the firm’s services? Once this has been defined, marketing materials can be developed.

 Value. What is the value that the law firm provides to the client? Why shouldn’t the client perform the service for himself or engage another law firm? This is the value added by the firm. Traditional law firm marketing tends to emphasize the credentials of the firm rather than the benefit to clients. Good law firm marketing begins with the client’s need rather than the firm’s ability. This is a 180-degree shift.

What will the court do if it deems a non-compete to be overbroad? New Jersey is a “blue pencil” state, which means that if the restriction is too broad, its courts will modify the restriction to make it acceptable. Karlin, 77 N.J. at 421; Solari, 55 N.J. at 585. But if the court finds the covenant is deliberately unreasonable or oppressive, it will not apply the blue pencil doctrine. “When an employer, through superior bargaining power, extracts a deliberately unreasonable and oppressive non-competitive covenant he is in no just position to seek, and should not receive equitable relief from the courts.” Solari, 55 N.J. at 576, 578-79.

The Straight Word

March 2020

The Straight Word

March 2020

Mt. Holly office space available, furnished and unfurnished offices located in the center of town. Call 609.332.5341 for additional information.

Luxury office(s) for subleasing in existing suite currently consisting of 2 lawyers and 3 support staff. Building is one story building with parking in Haddonfield. Sublease includes share use of lobby and access to common area. Call: (856)795-4345 for further information.

CHERRY HILL OFFICE FOR RENT

OFFICE CONDO F.S.B.O.

HADDONFIELD OFFICE SUBLEASE

The Schorr Building Two professional furnished offices available for immediate occupancy. Route 70 East Cherry Hill. Ideal for sole practitioner. Receptionist Services. Four Conference Rooms. Call 856.874.9090

1400 Sq. ft. end unit @ High Ridge Commons, Suite 100 Haddonfield-Berlin Rd. Gibbsboro Contact DCEPLERLAW@aol.com 856-627-3200

Well established Mount Laurel law firm seeks Associate with at least five years of litigation experience. Family law experience a plus. Accelerated Partnership opportunity. Must be licensed in New Jersey and Pennsylvania. Benefits include medical and 401(k). Salary commensurate with experience. Please send your resume and writing sample to: debay628@gmail.com DISPUTE RESOLUTION

MEDIATION & ARBITRATION

HON. MICHAEL J. HOGAN, P. J. Ch. (Ret.) General Equity • Estate • Probate Environment • Land Use • Complex Business • Employment Disputes with government entities & agencies Special Master • Case Management • Hearing Officer Call or email for further information: 609.351.3144 michaelhogan.jsc.ret@gmail.com • PO Box 1536 Medford, NJ 08055

MOORESTOWN OFFICE SPACE One room to 2450 square feet. Call Jim Wilson:

856-23 5-1278 14

The Straight Word

March 2020

“GOTCHA” BODY CAMS DON’T LIE • Eﬀective 8/6/18 • Reasonably Priced Where and When Available

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The Straight Word

March 2020

The Straight Word

PRESORTED STANDARD US POSTAGE PAID PERMIT 1822 BELLMAWR, NJ

Burlington County Bar Association 137 High Street, Floor 3 Mount Holly, NJ 08060

Law Offices of Andrew Ballerini Relentless Representation

Case Results • $400K Recovery - Pain & Suffering for Fatal Fire ($375K Verdict, $25K Settlement) • $500K Jury Verdict - Excess Over Allstate Policy - 7 Ortho Visits

Accepting Referrals of Serious and Catastrophic Injury Cases Including:

Nursing Home Cases

Nursing Home

Andrew A. Ballerini

Medical Malpractice Product Liability Premises Liability Truck/Automobile Injuries

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Richard J. Talbot

Certified Civil Trial Attorney Million Dollar Advocates Forum Member N.J.A.J. Board of Governors A.A.J. Nursing Home Litigation Group Member

As Certified Civil Trial Attorneys, we will pay 1/3 referral fees to attorneys who give us the opportunity to serve their clients

Brain Aneurysm

Hip

Spine

ankle

elbow

pressure Ulcer

• $990K Nursing Home & ALF Neglect - Pressure Ulcers • $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 & Act Upon Signs of Stroke • $400K Nursing Home Neglect - Pressure Ulcer Developed on Cancer Patient During Rehab Admission • $400K Hospital & Nursing Home Neglect - Pressure Ulcers • $300K Nursing Home Neglect/Violations of Rights - Bedsores for About 40 Days • $300K Nursing Home Neglect/Violation of Rights - Medication Error Hypoglycemic Event • $550K Nursing Home Neglect/Violation of Rights - Fractured Hip During Transfer - Pressure Ulcers • $850K Nursing Home Neglect/Violation of Rights - Bedsores • $950K Nursing Home Neglect/Violation of Rights - Hypoglycemia • $350K Judgment After Jury Verdict - Nursing Home Neglect - Hyperglycemia - No Permanency • $400K Plus Judgment After Jury Verdict - Nursing Home Violations of Rights and Negligence Proven

535 Route 38  Suite 328  Cherry Hill NJ 08002 856.665.7140  BalleriniLaw.com