James A. Sylvester is Of Counsel to the Firm and is a member of the Corporate, Finance & Banking Department. Mr. Sylvester focuses his practice on the representation and counseling of business entities and entrepreneurs utilizing his broad business law knowledge, experience and ability to analyze, structure, negotiate and close sophisticated commercial transactions relating to real-world business matters. His corporate, tax and transactional practice provides a wide array of legal services to his business clients including:
- Organization and formation of business entities including corporations, limited liability companies, partnerships and foreign subsidiaries of US companies;
- Contract negotiation, drafting and analysis, including sales and supply agreements, framework agreements, procurement agreements, logistics agreements, outsourcing agreements, manufacturing agreements, agency and distributor agreements, joint venture agreements, consulting agreements, employment agreements, equipment lease agreements, shareholder, operating and partnership agreements;
- Financing transactions, including secured, unsecured, specialty and mezzanine financing with banks and other financing entities;
- Structuring and implementing acquisitions, divestitures, and mergers, conducting legal due diligence investigations, negotiating and drafting contracts and other transactional documents;
- Intellectual Property strategic planning and commercialization including review of the intellectual property used, owned, or developed by a business (including trade names, trade-marks, copyright, domain names, patents, trade secrets), with recommendations for its protection and exploitation, technology acquisition and licensing, royalty agreements, material transfer agreements, joint development agreements, research agreements, confidentiality and nondisclosure agreements, invention assignment agreements and collaboration agreements;
- Outsource general counsel services, including corporate governance, employment practices, environmental health and safety, form contract analysis, tax, insurance and risk management;
- Representation with respect to tax audit, tax litigation and business litigation;
Mr. Sylvester received his B.A., with Highest Distinction in History, from Rutgers University, his J.D., cum laude, from Seton Hall University School of Law and his Master of Laws, in Taxation, from New York University School of Law.
Following graduation from law school, Mr. Sylvester served as law clerk to the Honorable Paul R. Huot, Presiding Judge of the Chancery Division of the Superior Court of New Jersey, Bergen County. In 1997 Mr. Sylvester was employed by Intercat, Inc. as Corporate Counsel and from 2002 through 2011,
Mr. Sylvester was Vice President, General Counsel and Corporate Secretary of Intercat, and its subsidiaries. Intercat was a privately held specialty chemical company engaged in developing, manufacturing, and selling catalysts, additives and related products globally primarily for use in refining petroleum. Mr. Sylvester’s most notable published decision is Yttro Corp v. X-Ray Marketing, 233 N.J. Super. 347 (App. Div. 1989).