News

We are Growing – Attorney and Staff Opportunities

Ansell Grimm January 23, 2023

We are always open to opportunities and are always interested in speaking with talented individuals seeking to join our growing firm. If you are seeking to better manage your law practice with a local mid-sized firm where decisions are made on site instead of in a regional or national office, if you possess a teamwork-oriented attitude, a strong work ethic, and desire to provide outstanding client service, we should talk. Interested attorneys must be admitted to the New Jersey Bar, admission to the New York Bar is considered a plus. Attorneys with substantial portable business would be considered for counsel or non-equity shareholder status.

And of course, successful attorneys are frequently backed up by amazing staff. Ansell Grimm & Aaron is always seeking excellent talent for our support teams. If you would like to join a firm that provides a culture of professional excellence through a team of high caliber employees, you embrace technology, and you wish to grow and develop your skills and abilities, we welcome you to contact to us.

CONFIDENTIAL Inquiries including cover letter and resume may be submitted to careers@ansellgrimm.com. No phone calls, please.

Current Opportunities

Bankruptcy Attorney

Seeking associate candidates with at least 7-10 years of experience in creditor side bankruptcy. Must be barred in both NJ and NY. The candidate must have substantial familiarity with the Bankruptcy Code and Federal Rules of Bankruptcy Procedure. Candidate must be able to work independently, have strong analytical and critical thinking skills, excellent written and verbal communications skills, and the ability to build a rapport with clients. We are looking for an attorney who can be flexible in a demanding environment and be a collegial, team player with an understanding of the business interests our clients and the firm. A bankruptcy clerkship is a plus.

Community Association Practice Attorney

Seeking an attorney with 3-5 years’ experience in a community association practice in our Princeton, New Jersey office to represent condominiums, cooperatives, and homeowners associations. Candidates should expect to perform significant and substantive legal research and writing, communicate with Courts, counsel, and clients, attend Court, and generally engage in all aspects of a thriving community association practice.

Corporate Attorney

Seeking a corporate attorney to assist a senior member of the Corporate Department in its Ocean, New Jersey office. Ideal applicant MUST have at least 3-7 years of experience as a corporate attorney and have familiarity with: formation of business organizations; corporate governance matters; venture capital and bank financing; executive compensation; stock or cash-based employee incentive plans; licensing agreements; distribution agreements; succession in closely held or family business; management and leveraged buy-outs; and compliance with disclosure obligations under the federal and state securities laws.

Litigation Associate

Seeking 3-6 year litigation associate to work in our Woodland Park, New Jersey office. Candidate must be admitted in New Jersey and New York. Law journal or moot court experience a plus. Clerkship and bankruptcy experience preferred. Candidates should expect to perform significant and substantive legal research and writing, communicate with Courts, counsel, and clients, attend Court, take depositions, and generally engage in all aspects of busy commercial litigation practice in state and federal court. Typical matters include business, contract, and real estate disputes; class action prosecution and defense; adversary proceedings in bankruptcy; and complex commercial litigation.

Legal Assistant – Criminal Department

Seeking an experienced legal assistant to support busy and well-established Criminal Law Team in our Ocean Township office. The candidate will work closely with supervising attorneys and paralegal. Candidate must be experienced in the workings and processes of the of the NJ criminal Court system including filings, calendar, Court Rules, etc. Candidate should be well-organized, enthusiastic, willing to learn, have excellent computer skills, effective communication skills, and ability to multitask. Proficiency with Office 365 software, with advanced knowledge of Word, and ability to maintain utmost confidentiality and professionalism required.

Legal Assistant – Family Law

Seeking an experienced legal assistant to support busy and well-established Family Law Team in our Ocean Township office. The candidate will work closely with supervising attorneys and paralegals. Candidate must have at least two years experience in family law. Must be familiar with the NJ Family Court system including filings, calendar, Court Rules, etc. Candidate should be well-organized, enthusiastic, willing to learn, have excellent computer skills, effective communication skills, and ability to multitask. Proficiency with Office 365 software, with advanced knowledge of Word, and ability to maintain utmost confidentiality and professionalism required.

Billing and Collections Coordinator

Seeking a Legal Billing and Collections coordinator with at least 2 to 5 years of related experience with proficiency in legal billing software, we use Orion, and Microsoft Office. Must be well organized, meticulous, and able to work well with others at all levels of the organization. Must be able to anticipate work needs and follow through with minimal direction. Must exemplify professional demeanor and be a team player. Responsibilities include: Monitor WIP for clients and ensure invoices are prepared and finalized promptly, prepare monthly and transactional bills and reports for billing attorney review, incorporate edits and revisions, prepare final invoices, obtain approvals, post bills and maintain billing files, process transfers, write-offs and adjustments, work closely with partners, legal and support staff to resolve any issues in a timely manner and ensure bills are accurate and complete.

CONFIDENTIAL Inquiries including cover letter and resume may be submitted to careers@ansellgrimm.com. No phone calls, please.

Ansell Grimm & Aaron provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability, or genetics. In addition to federal law requirements, Ansell Grimm & Aaron complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.

Ansell Grimm & Aaron expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status. Improper interference with the ability of Ansell Grimm & Aaron’s employees to perform their job duties may result in discipline up to and including discharge.

CONTROLLED SUBSTANCES & REGULATORY LAW UPDATE – JANUARY 2022

Ansell Grimm January 6, 2023

New York Lawmakers Introduce Psychedelics Legalization Bill

New York state lawmakers introduced a bill to legalize natural psychedelics including psilocybin. A.B. 114, originally intended to be introduced in the 2023-2024 legislative session, was proposed last week by Democratic Assembly members Linda Rosenthal, Jo Anne Simon, and Karines Reyes, according to a report from Marijuana Moment.

If passed, the bill would amend New York state law to legalize the “possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing by or between natural persons of twenty-one years of age or older of a natural plant or fungus-based hallucinogen.” Included in the “plant or fungus based hallucinogens,” covered by the bill are DMT, mescaline, psilocybin and psilocin.

In recognition of the rapidly evolving perception of plant and fungus-based hallucinogens, the proposed bill also seeks to remove these drugs from Schedule 1 of New York’s list of controlled substances, offers legal protections to individuals who lawfully use natural psychedelics, and prohibits state and local law enforcement agencies from cooperating with U.S. agencies which criminalize natural psychedelic drugs.

New Jersey’s Psilocybin Behavioral Health Access and Services Act Seeks Legalization and Home Growth of Psilocybin

New Jersey Assembly Bill 4911, introduced to the Senate and Assembly, would decriminalize psilocybin, authorize personal use, and expungements for certain offenses involving psilocybin production, possession and distribution.

Titled the “Psilocybin Behavioral Health Access and Services Act,” the legislation would legalize the possession and distribution of up to 4 grams of psilocybin for adults 21 and over, and allow adults to cultivate mushrooms capable of producing psilocybin for personal use.

The proposed law also would create the Department of Health Psilocybin Behavioral Health Access and Services Advisory Board to oversee the process, a legal and regulatory structure to establish psilocybin service centers for treating patients, and for the commercial production of psilocybin.

Ansell’s Psychedelics Practice

On the heels of its successful cannabis practice, which has included numerous granted licenses for its clients as well as successes in Court litigating cannabis matters, last year the Firm expanded into the realm of psychedelics.

The Firm has an established record in the cannabis space enabling us to serve our clients unlike any other area law firm. By example, we co-hosted the first-ever Cannabis Symposium in New Jersey which drew nearly a thousand people (two other Symposia followed). Joshua S. Bauchner, head of the practice group, is co-chair of the New Jersey State Bar Association Cannabis Law Committee, has spoken at the Cannabis World Congress and Business Expo at the Jacob Javits Center, and has presented CLE’s on cannabis at the NY and NJ State Bar Associations, and at the NORML Legal Conference in Aspen, among other fora across the country. He also recently was honored by the New Jersey Law Journal as one of its “2022 Innovators of the Year” for his work in the controlled substances space.

The Firm also was honored by the New Jersey Cannabis Insider as one of three finalists for Excellence in Cannabis Law and has been covered by numerous media outlets and published widely on the topic.

Please contact Joshua Bauchner (jb@ansellgrimm.com) or Kelsey Barber (kbarber@ansellgrimm.com) or call (973) 247-9000 if you are interested in exploring opportunities in the legalized psychedelics arena.

AGA 2022 Team Update

Ansell Grimm December 22, 2022

This year has been a year of growth at AGA. We continue to add talented individuals to all levels of personnel to support the multifaceted practices at AGA. We have also recognized the achievements of several of our professionals at the firm by elevating them to new roles.

Ansell Grimm & Aaron PC is thrilled to announce the promotion of Melanie Scroble to Shareholder status. Melanie represents clients nationwide in a variety of complex commercial real estate matters, including: acquisitions, dispositions, and leasing and financing commercial properties nationwide, with an emphasis on shopping centers, retail pads, apartment buildings, 1031 exchange transactions, and commercial financing and banking, including conduit loans and defeasance transactions. As a firm Shareholder, Melanie will continue to contribute significantly to her respective practice areas and to the the firm’s overall commitment to superior client service, innovation and growth.

Ansell Grimm & Aaron PC announces the promotion of two attorneys to Partner status as of January 1, 2023. The firm is delighted to welcome these two accomplished attorneys as Partners.

Alfred Caso has devoted his practice to the areas of family law, domestic violence and municipal court. In 2021, Al was selected to the National Academy of Family Law Attorneys “Top 10 Under 40.” He also was named a 2021 and 2022 New Jersey Super Lawyers Rising Star in the area of family law.

Anthony D’Artiglio practices in the Bankruptcy, Cannabis Law, Labor & Employment, and Litigation departments. He has experience litigating a wide range of commercial matters from inception through trial, including commercial lease disputes, class actions, Consumer Fraud Act claims, corporate/shareholder disputes, employment disputes and secured property actions. He also regularly represents creditors in bankruptcy matters.

We are pleased to celebrate this group of attorneys, who are uniquely positioned to help our clients thrive in today’s uncertain economic environment. These lawyers are all problem solvers and big-picture thinkers, guided by a commitment to excellence and an unwavering dedication to securing our clients’ well-being — now and for the future.

Also in 2022, Ansell Grimm and Aaron welcomed Partner, Carol Truss, and attorneys, Brian Ashnault, Kelsey Barber, Layne Feldman, Scott Jacobsen, Irina Moin, Leigh Oliver, and Jonathan Sherman, and para-professionals, Deborah Lopez, Ashleigh Snyder and Anthony Storrow.

AGA expanded their administration adding COO, Deirdre Petersen, HR Manager, Sheri Ricciardi, IT Support, Curdel Changoo, and Billing Clerk, Rochelle Gavakis.

The support staff grew with AGA welcoming Administrative Assistants, Tina Cobb, Maggie Giblin, Karah Joint, and Imari Romero.

AGA is excited to welcome these individuals to our family. They each bring a unique skill set to enrich AGA’s multifaceted, collaborative law firm environment encompassing 19 practice areas, and will support AGA in seamlessly serving our clients’ diverse legal needs.

LITIGATION DEPARTMENT REVIEW – 2022

Ansell Grimm December 21, 2022

The Ansell Grimm & Aaron (AGA) Litigation Department handled a wide variety of complex commercial disputes throughout 2022. Below we highlight several of the team’s successes.

Recovery for Landlord in Debtor’s Attempt to Escape Obligations

Partner Anthony J. D’Artiglio and Shareholder and department co-chair Joshua S. Bauchner recently secured a favorable decision from the Bankruptcy Court in the Southern District of New York in the Fairway Group Holdings Corp. matter. Our client, Debtor’s property owner, filed a multi-million-dollar cure objection asserting that Debtor had failed to repair and maintain the property in accord with its lease obligations, and thus needed to make the necessary repairs or pay for the repairs as part of the lease assumption and assignment. Debtor sought to dismiss the cure objection, arguing that the new tenant was responsible for all pre-assignment defects as part of the lease’s ongoing repair and maintenance obligations and that, because property owner did not issue a default notice pre-petition pursuant to a lease provision, property owner could not claim that a “default” existed requiring cure pursuant to the Bankruptcy Code. The Court resoundingly rejected Debtor’s arguments, holding that (i) Debtor is responsible for all necessary pre-assignment repairs pursuant to the lease because the buyer took the property “free and clear” of any and all defaults by Debtor at the time of the assignment, and (ii) landlord was not required to formally notice a “default” under the lease to seek the cost of repairs from Debtor for any pre-assignment condition in need of repair particular where, as here, Debtor was on notice upon the filing of the cure objection. As a result of this favorable ruling, our client can recover millions of dollars in repair costs.

Summary Judgment Benefitting Child’s Trust

The firm was retained by a single mother seeking to enforce a decade-old settlement agreement against her child’s wealthy father, who failed to pay substantial sums into trust for their daughter. Following lengthy litigation, including extensive motion practice and discovery, Senior Associate Seth M. Rosenstein secured summary judgment in favor of the child, ensuring that nearly $1 million in improperly withheld funds are paid into a trust to be established for her benefit. The court also awarded all costs and fees associated with establishing the trust for the child. This notable outcome ensures that the subject child is well provided for and finally has access to funds that should have been made available for her benefit many years prior.

Summary Judgement Secured in Convoluted Fraudulent Mortgage Matter

Spearheaded by Litigation Department co-chair Lawrence H. Shapiro and Attorney Layne A. Feldman, AGA was successful in obtaining summary judgment on behalf of its client in a convoluted litigation involving claims of fraudulent mortgages and satisfaction of mortgages. Stepping into the shoes of a prior counsel at the request of Plaintiffs and using the fact that the parties to the suit had attempted to litigate similar issues in prior lawsuits, AGA was able to demonstrate to the Court in 279 Veterans, LLC, et al. v. Village Green Associates, LLC, Docket No. MID-C-107-20, that preclusive doctrines applied and prevail on Plaintiffs’ declaratory judgment claim. The result of the Court’s ruling is that the Satisfaction of Mortgage filed by the Defendants will be removed from the chain of title of the property in question and is of no force and effect, preserving Plaintiffs’ Mortgage.

Protection for Landlord from Tenant Bankruptcy

Partner Anthony J. D’Artiglio and Shareholder Joshua S. Bauchner secured an extremely favorable settlement on behalf of a property owner whose tenant filed for bankruptcy after failing to make any rent payments over a prolonged period. Following our filing of an application to compel lease rejection or for relief from the automatic stay, the tenant agreed to pay outstanding rent and additional rent, our client’s attorneys’ fees and costs, and to increase the security deposit as a condition of assumption of the lease, ensuring the property owner was not harmed by the tenant’s bankruptcy filing.

Relief for Landlord from Automatic Bankruptcy Stay

Partner Anthony J. D’Artiglio and Shareholder Joshua S. Bauchner successfully secured relief from the automatic bankruptcy stay for a landlord whose tenant had sublet the property without authorization, failed to pay substantial rent, and additional rent due and owing. We successfully convinced the Court to order the tenant to make post-petition payments on an ongoing basis and to lift the automatic stay to permit the property owner to pursue the tenant for damages and eviction in State Court while the bankruptcy remained pending.

FINRA Advisor Defense

Ansell Grimm & Aaron was retained by a long-established FINRA-licensed broker dealer and its principal, in connection with litigation filed against them in the Superior Court of New Jersey, alleging causes of action relating to investment banking services provided to a technology startup. After several years of litigation, this matter was referred by counsel to Seth M. Rosenstein and Joshua Bauchner of the firm’s litigation department, in light of Mr. Rosenstein’s extensive FINRA experience and both counsel’s success in litigating matters before the Superior Court. Rosenstein and Bauchner successfully filed a motion to stay the Superior Court action and compel FINRA arbitration — seeking to invoke an investment banking agreement (IBA) containing a FINRA arbitration clause, under which the plaintiff previously sought third-party beneficiary status. The court held that plaintiff was estopped from disavowing his claimed third-party beneficiary status under the IBA to avoid arbitration, and that the parties’ dispute must be heard before a FINRA arbitration panel, among other things. The court’s decision is a remarkable result for parties seeking to enforce arbitration agreements, and for ensuring that the learned professionals sitting on FINRA arbitration panels adjudicate industry disputes.

Relief Won Against Subcontractor’s Claims for Payment

Attorney Kelsey Barber, and Shareholder Lawrence H. Shapiro, successfully had a subcontractor’s claims against a client-property owner dismissed in a complex construction litigation. Plaintiff-subcontractor sought to recover monies for work performed at AGA’s client’s property when the property owner terminated the project’s general contractor. AGA was able to demonstrate to the Court that the property owner cannot be liable to a subcontractor for a general contractor’s default and that the Plaintiff’s claims for quasi-contractual relief were unfounded under New Jersey law. The Court granted Summary judgment as to all counts in AGA’s client’s favor.

Success for Youth Community Center

Partner Anthony J. D’Artiglio and Shareholder Lawrence H. Shapiro defeated a motion for summary judgment seeking to declare that our client’s, a youth community center and academic tutoring facility, use of their property rendered an easement agreement with a neighboring property owner extinguished. The neighboring property owner filed an action seeking to declare the easement expired and challenged the Zoning Board’s approval of a use variance and bulk variance relief. We successfully convinced the Court that the motion for summary judgment was premature and relied on a flawed reading of the easement agreement, leading to the complete denial of the motion. The neighboring property owner thereafter agreed to voluntarily withdraw its claims against our client, permitting the youth community center to continue to operate.

Synagogue May Proceed with Development

Partner Anthony J. D’Artiglio and Shareholder Lawrence H. Shapiro defeated an application to stay development activities pending prosecution of a prerogative writ permitting our client to continue development activities at the property. Plaintiffs asserted claims against our client, a synagogue, claiming that the planned development activities violated a settlement agreement and that the Zoning Board improperly approved the planned developed. Plaintiffs first filed an Order to Show Cause seeking to stay the Zoning Board from acting on our client’s application and to have their claims adjudicated in a summary manner. We opposed the Order to Show Cause, culminating in the Plaintiffs withdrawing the Order. Thereafter, Plaintiffs sought to stay our client from performing any activity at the property pending disposition of Plaintiffs challenge to the Zoning Board approval. We successfully convinced the Court that no stay was warranted leading to a total denial of the stay application, permitting our client to proceed in accordance with the approvals.

About Ansell Grimm & Aaron, PC
Ansell Grimm & Aaron, PC was founded in 1929 and has a long history of delivering for clients who come to us to resolve legal matters that are often urgent, stressful, and of great importance. A general practice law firm, Ansell Grimm & Aaron is powered by experienced attorneys who understand that the best outcome is the one that serves the needs of each client.

The above is for informational purposes only and does not constitute legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute the formation of, an attorney-client relationship. Attorney advertising.

CONTROLLED SUBSTANCES & REGULATORY LAW REVIEW – 2022

Ansell Grimm December 21, 2022

In 2022, the Firm’s Controlled Substances and Regulatory Law Practice Group continues its rapid evolution and expansion. Our attorneys have assisted clients in applications for licensure, litigation to ensure transparency and integrity in the licensing process at the State and municipal levels, educational initiatives throughout the country, and entry into the developing area concerning legalization of psilocybin.

Ansell Launches Psychedelics Practice

On the heels of its successful cannabis practice, which has included numerous granted licenses for its clients as well as successes in Court litigating cannabis matters, the Firm recent announced it is expanding into the realm of psychedelics.

The Firm also was honored by the New Jersey Cannabis Insider as one of three finalists for Excellence in Cannabis Law and has been covered by numerous media outlets and published on the topic.

Now, with the federal government and many states looking to legalize psychedelics, Ansell is expanding the practice to include this emerging area of law. Please contact us at (973) 247-9000 if you are interested in exploring opportunities.

Cannabis Litigation — Securing Our Clients’ Rights

The Firm has been involved in several important lawsuits involving the State of New Jersey’s medicinal and adult use cannabis programs. Additionally,

On the medicinal cannabis side, the Firm filed a new appeal with the Appellate Division on behalf of GGB New Jersey LLC (“GGB”) (now known as “The Source”) with respect to the 2019 RFA. By way of background, in November 2020, the Appellate Division vacated the Department of Health’s (the “Department”) initial scoring of GGB’s application (and those similarly situated) seeking to operate vertically integrated alternative treatment centers because: “There is no escaping the fact that some of these scores simply ‘don’t compute’ and that, no matter how the Department and the other respondents may attempt to slice it, the results are still unsettling.” In the Matter of the Application for Medicinal Marijuana Alt. Treatment Ctr. for Pangaea Health & Wellness, LLC (“In re Pangaea”), 465 N.J. Super. 343, 371 (App. Div. 2020). Accordingly, the Court held that GGB and others “were not afforded the process due under the applicable legislation and the Administrative Procedure Act, and we remand so the Department may provide that process.” Id. at 382. The Court noted that it intervened “in the administrative proceedings that have taken place so far to ensure the public’s confidence in both the results achieved at the agency level so far and to ensure that future similar proceedings will be likewise subjected to a measure of scrutiny at the agency level that will guarantee the process does not produce determinations that are arbitrary, capricious or unreasonable.” Id. at 382-83.

After the Court-ordered remand process, the Commission refused to modify or adjust a single score and attempted to justify the Department’s original scoring on various grounds, none of which had any merit. In the new appeal, GGB argued, among other things, that the Commission ignored the Appellate Division’s concerns about the unacceptably large degree of relative error and shockingly claimed that judicial review was unnecessary because “the scoring was what [the Commission] said it was[.]” To prevent further delay by the Commission, GGB requested that the Court again vacate the agency decisions under review and, this time, remand with instructions to appoint a special master or administrative law judge to issue a report and recommendation that the Commission must adopt, modify, or reject by a date certain.

In light of the important public interest, the Appellate Division has accelerated this appeal and oral argument is likely to occur in the first quarter of 2023.

Turning to the recreational cannabis side, the Firm filed several cases against various municipalities that issued resolutions of support for cannabis applications pending before the Commission. By way of background, the resolution of support requirement comes from the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), which provides, among other things, that an applicant establish “proof of local support for the suitability of the location, which may be demonstrated by a resolution adopted by the municipality’s governing body indicating that the intended location is appropriately located or otherwise suitable for such activities related to the cultivation, manufacturing, or dispensing of medical cannabis, cannabis products, and related supplies as will be conducted at the proposed facility.” N.J.S.A. 24:6I-7.2d(4)(c).

Keyport

The Firm has two cases pending against the Borough of Keyport (“Borough”). On November 9, 2021, the Borough adopted Ordinance #15-21 to allow for the operation of a limited number of cannabis businesses subject to certain conditions (“Ordinance”). The Ordinance provided that the Borough would issue a maximum of two (2) Class 5 cannabis retailer licenses. The Borough later determined that one of the two available Class 5 cannabis retailer licenses would be for the highway commercial district and the other would be for the general commercial district.

The first case, which was filed on behalf of KGNJ Operations LLC (“KGNJ”), concerns the resolution of support granted to Blaze Keyport LLC for the highway commercial district. The Firm asserted that the Borough’s decision was unsustainable because (1) it failed to use the evaluation sheets that it led applicants to believe would be used to score their applications, (2) only one member of the five-member subcommittee actually completed an evaluation sheet and only with respect to KGNJ’s application (and that member gave KGNJ a perfect score), and (3) the notes from the executive session of the Borough Council show that arbitrary, subjective, and biased criteria were applied to the deliberative process. On December 7, 2022, the Superior Court held a hearing and ordered that the matter proceed on an accelerated basis with a trial scheduled for January or February 2023.

Another case, which was filed on behalf of Green and Gold Dispensary LLC (“G&G”), concerns the resolution of support granted to Simply Pure Keyport LLC for the general commercial district. The Firm again argued that the Borough’s decision was arbitrary, capricious, and unreasonable because the selected applicant’s proposed location was within 150 feet measured “door-to-door” of La Iglesia Episcopal Santa Maria (St. Mary’s Episcopal Church) — remarkably, the church is two doors down the road — which was in direct violation of a Borough Ordinance prohibiting a cannabis facility from being located within 150 feet of a church, synagogue, temple or other place used exclusively for religious worship. This matter is currently pending before the Superior Court.

Neptune City

The Firm also initiated a matter on behalf of The Cannabis Shoppe, LLC against the Borough of Neptune City (“Borough”). There, the Firm asserted that the Borough improperly granted resolutions of support to two applicants who sought to establish Class 5 cannabis retailers within 400 feet walking distance of each other because the relevant ordinance expressly states that no retailer “shall be permitted within 600 feet” of any other retailer. To make matters worse, both of the selected applicants’ proposed locations are immediately adjacent to residential neighborhoods and one of them was next to a bar. This matter is currently pending before the Superior Court.

2022 Licenses Secured

We are happy to support and celebrate our clients’ securing cannabis licenses in 2022, and we are delighted to continue to assist with their developing businesses for a successful 2023 and beyond.

Mule Extracts, LLC: Annual Manufacturer License
Arbory Wellness, LLC: Annual Retailer License
Canopy Crossroad: Microbusiness Retailer License
The Violet Room: Annual Retailer License
DMW Holdings LLC: Annual Manufacturer License

New York Medical Psilocybin Proposed Legislation – Regulatory Update

New York legislators recently presented a modified bill to decriminalize psilocybin — the psychoactive ingredient in psychedelic mushrooms (Psilocybe cubensis) — for medicinal use in adults twenty-one and older. The proposed bill outlines a regulatory framework where psilocybin may be grown legally, provides a structure for treatment facilities to be established, implements standards for research facilities, and imposes guidelines for the certification of providers.

The proposed rules establish and oversee the implementation of several license types:

Designated caregiver facilities must register with the Department of Health to acquire, possess, transport, and administer medical psilocybin to certified patients, the rules outline the acceptable facilities and registration requirements.
Registered psilocybin organizations (“RPOs”), which are entities (for-profit and not-for-profit) that will grow, manufacture, possess, deliver, transport, and distribute psilocybin to designated caregiver facilities for medical use.
Psilocybin research license, which would permit a licensee to produce, process, purchase and/or possess psilocybin for limited research purposes.

The proposed bill also provides protections from criminal and civil penalties or disciplinary action for certified patients, caregiver facilities and their employees, practitioners, RPOs and researchers for the certified use or any other action in connection with the proposed rules. As a combined effort by the Commissioner of Health and the Comptroller, the rules would amend finance laws creating a “Psilocybin Therapy Grant Program Fund” to provide assistance to low-income individuals, veterans, and first responders with covered conditions under the law to receive financial assistance for psilocybin therapy.

The revised bill uses a similar methodology as the Marihuana Regulation and Taxation Act (“MRTA”), allowing for a social equity component for minority and women-owned businesses and distinguishing between various license types which may serve as a guide to how the use of medical psilocybin will be regulated in the future. Currently, psilocybin is categorized as a Schedule I controlled substance, which means it is illegal under federal law and considered to have a high potential for abuse with no accepted medical benefits. Proponents of the regulations believe that it could provide for much needed access to patients in a safe environment that is supervised by medical professionals.

The Firm’s Controlled Substance and Regulatory Law Practice Group assists clients interested in this emerging field which is likely to follow the lead of cannabis legalization — an area in which the firm has significant experience.

Federal Injunction Causes Uncertainty for Adult Use Cannabis in New York

New York recently issued its first 36 recreational cannabis licenses of 175 the state plans to issue, taking a monumental step in establishing a lucrative cannabis market. The first licenses approved by the state’s Cannabis Control Board were dedicated to “social equity” applicants, people who have been convicted of a cannabis-related crime – or have a family member who was – and have also run a profitable business for at least two years.

However, uncertainty has begun to plague New York’s potential expansion. On November 3, Judge Gary L. Sharpe of the U.S. District Court for the Northern District of New York issued a preliminary injunction, restricting the Office of Cannabis Management from issuing any cannabis licenses in five of the 14 regions in which the agency is licensing Conditional Adult Use Retail Dispensaries (CAURD). The injunction applies to CAURD applicants in the Finger Lakes, Central New York, Western New York, Mid-Hudson and Brooklyn.

Variscite NY One, Inc. (Variscite) the challenger, applied for a retail license, but its 51% principal owner failed to meet two New York-nexus requirements. Under the New York program, a for-profit organization must, among other things, be “[a]t least 51% or more … owned, in the aggregate” by “at least one individual that satisfies” (1) a New York “significant presence” requirement and (2) a “justice involved” requirement, which asks whether the applicant (or a family member or dependent) “was convicted of a marihuana-related offense in New York State.” 9 N.Y.C.R.R. § 116.4(b)(1)(i).

Judge Sharpe agreed with Variscite and granted the preliminary injunction, finding that the program “will have a discriminatory effect on out-of-state residents seeking a CAURD [cannabis retail] license.” In a later footnote, Judge Sharpe stated that he thinks the law is patently unconstitutional.

The result of the federal injunction has left cannabis growers with over half a billion dollars’ worth of cannabis ready to sell, without any buyers. When asked about the farm’s concerns, the Office of Cannabis Management said the timeline remains the same and that they are “incredibly proud of our local family farmers, and excited for New Yorkers to begin sampling this tested, sun-grown cannabis.”

It remains to be seen whether cannabis retailers will be up and running by the end of the year, as promised by the Office of Cannabis Management.

About the Controlled Substances and Regulatory Law Practice Group

Among the leading controlled substances firms on the East Coast, we work with cannabis entrepreneurs, industrial hemp producers, psilocybin entrepreneurs, ancillary businesses and governing bodies seeking regulatory counsel.

COMMERCIAL REAL ESTATE REVIEW – 2022

Ansell Grimm December 20, 2022

As the world began to recover from the coronavirus pandemic and various factors began to shift throughout the year as a result of an ever-changing economy, the attorneys in Ansell Grimm & Aaron’s Commercial Real Estate Department assisted the Firm’s clients in navigating the ups and downs of the real estate market. Led by co-chairs Michael V. Benedetto and David B. Zolotorofe, and assisted by attorneys Rick Brodsky, Jason S. Klein, Melanie J. Scroble, Carol J. Truss, Jonathan Sherman and David E. Lang, the department is pleased to share its numerous successes.

Over the course of the year, Shareholder Michael V. Benedetto, represented purchasers and sellers in acquisitions and sales throughout the East Coast, including, Michigan, Virginia, West Virginia, and South Carolina, with a specific emphasis on development sites throughout the State of New Jersey ranging from multifamily residential and residential development sites for 200+ lots, to warehouse distribution facilities and many asset classes in between.

In addition, Mr. Benedetto was lead counsel on many transactions involving existing properties, such as the acquisition of a 175,000 square foot multi-building office park in Camden County, as well as lead counsel to the Borrower on a bridge loan with mezzanine financing for a multifamily waterfront development project of more than 150 units still in the entitlement phase. In addition to his transactional work on development projects, Mr. Benedetto acted as lead counsel to multiple landlords on numerous retail leases, ranging from in-line tenants to anchor tenants, as well as pad sites. 2022 was an active year in the restaurant market where Mr. Benedetto continued to represent numerous restaurateurs and developers in the leasing, acquisition, and expansion of restaurants, as well as other transactional matters, often consulting on the development of new restaurants in multiple states.

Shareholder David B. Zolotorofe, along with Partner Melanie J. Scroble closed a 27-million-dollar line of credit financing transaction with Investors Bank secured by mortgage loans on thirteen triple-net properties located throughout the Northeast, from a Perkins in Winter Park, Florida to a Shaw’s Supermarket in Concord, New Hampshire.

Melanie J. Scroble closed over 100 million dollars in real estate transactions including sale lease backs with Rite Aid and Sonic, sales and acquisitions of Target, CVS and Walgreens locations throughout the country including such locations as Salt Lake City, Utah and New Orleans, Louisiana, the acquisition and financing of development property for a Wawa in the State of Virginia, the purchase and financing of a Ponce Bank location New York City and the purchase and sale of various multi-family apartment buildings located in the State of New Jersey. In connection with her client’s acquisitions, she closed loans with such national lenders as ConnectOne Bank, Provident Bank, OceanFirst Bank, Southside Bank, Centennial Bank and First National Bank of Pennsylvania. Ms. Scroble also served as local counsel for a national equity group in connection with an 83-million-dollar financing transaction for a future development in North Jersey.

Roy Hibberd, Of Counsel to the firm, represented the principal shareholders in a $60 million stock transaction which closed in early October. The company at issue manufactured clinical diagnostic solutions for autoimmune and infectious disease testing. The buyer was a European based leading provider of clinical protein electrophoresis equipment and reagents for the screening and monitoring of various diseases. Hibberd’s work included the review, negotiation and redrafting of the stock and merger agreements together with related indemnification agreements and employment contracts for the principals who will continue to run the New Jersey based company for the purchaser.

In November, Roy Hibberd, together with Shareholder Michael Benedetto and Attorney David Lang, represented the buyers in a multi-company purchase transaction involving a number of company-owned and franchised New Jersey retail restaurant businesses. In addition to the assets involved at each restaurant location, several parcels of real estate were acquired underlying a couple of the restaurants. The purchase also involved the franchise system which has been operating in New Jersey for over 50 years. In addition to reviewing all aspects of the franchise system and related trademarks and intellectual property, our AGA attorneys negotiated the asset and real property purchases and successfully closed the transaction.

Partner Carol J. Truss closed multi-million-dollar commercial mortgage loans with JP Morgan Chase and TD Bank for commercial property owners of mixed-use retail and warehouse properties. Ms. Truss also represented the seller and tenant in a sale and leaseback transaction in East Orange, for one of the properties that will be a part of the 500-million-dollar transit-oriented redevelopment project in East Orange known as the Crossings at Brick Church Station. There were multiple complications involved in this transaction, which was pending for over three years from the date of the initial contract to closing.

Another substantial transaction that Ms. Truss handled this year was the 35-million-dollar sale of an industrial property in South Plainfield, a transaction complicated by environmental issues and landlord/tenant matters. Ms. Truss also handled several substantial residential transactions, including IRS Section 1031 tax-free exchange transactions.

The Commercial Real Estate group regularly collaborates with the Corporate, Zoning and Land Use, and Controlled Substances & Regulatory Practice groups on the work they do for their clients. As a result of the successful work of the firm’s Controlled Substances & Regulatory Practice Group, 2022 has been an especially active year as the firm’s clients begin to receive their cannabis licensing and prepare to start opening for business. Partner Melanie J. Scroble, along with associates, Jon Sherman and David Lang, have been working with both landlords and tenants in securing leasing for the retail sale of cannabis throughout the State of New Jersey, including a potential new location in the City of Paterson.

Ansell Grimm & Aaron Welcomes Deirdre Petersen, CLM

Ansell Grimm October 31, 2022

ANSELL GRIMM & AARON, PC welcomes Deirdre A. Petersen as the firm’s Chief Operating Officer. As the COO, Ms. Petersen will work closely with the Managing Shareholders on strategy, growth, and development and will be responsible for the oversight of the business and administrative functions of the Firm.

Ms. Petersen brings over thirty years of experience as a law firm management professional to ANSELL GRIMM & AARON, PC. A New York native and graduate of the University of Kansas, she has focused her career on the management of mid-sized law firms. Ms. Petersen has been recognized as one of 400 Certified Legal Managers in the United States. The CLM certification recognizes specialized knowledge of the legal industry, as well as a comprehensive understanding of the unique issues of law office management. She has been active in the state and national Associations of Legal Administrators and currently serves on the Board of the Cyber Chapter. She is a non-attorney member of the American Bar and New Jersey State Bar Associations, where she previously served as a member of the Law Office Management Committee.

Michael V. Benedetto, Esq., President and Managing Shareholder of ANSELL GRIMM & AARON, PC noted that Ms. Petersen will be the first non-attorney executive in the Firm’s more than 90 year history and added “Deirdre brings with her not only a wealth of experience and knowledge, but she is the perfect fit for the AGA culture. After recent expansions of all three of our New Jersey offices, the Management Committee and Shareholders of the Firm saw the recruitment of a top executive as a logical step toward helping us implement and execute the next phases of our strategic plan. From our first discussions with Deirdre, as well as our discussions with the leadership from past firms with whom Deirdre worked, we felt extremely confident that Deirdre was the right person to help lead our team. The Firm is extremely happy that we were able to successfully recruit Deirdre as our first COO.”

For more than 90 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation.  In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people.

Ansell Clients Secure Cannabis Licenses

Ansell Grimm October 28, 2022

Ansell Grimm & Aaron, PC is proud to congratulate its clients for securing cannabis licenses from the NJ Cannabis Regulatory Commission at the October 27, 2022 meeting:

DMW Holdings, LLC – Manufacturing License
Arbory Wellness, LLC – Dispensary License
Canopy Crossroad – Dispensary License

Ansell Grimm & Aaron, PC October 2022 Cannabis Law Update

Ansell Grimm October 18, 2022

Joshua S. Bauchner flanked by his Ansell Grimm & Aaron PC colleagues, as he was recently honored as one of the “Innovators of the Year” by the New Jersey Law Journal. — Joshua S. Bauchner, center, flanked by his Ansell Grimm & Aaron PC colleagues, was recently honored by the New Jersey Law Journal as one of its “Innovators of the Year” for 2022. Bauchner is a leading voice in the legal cannabis community, aiding clients in navigating state regulations to find success in the growing cannabis marketplace.

CRC Issues Guidance On WIRES; Raises More Questions Than Answers

On September 9, 2022, the Cannabis Regulatory Commission (CRC) issued long-awaited guidance regarding workplace impairment arising from cannabis use. While the guidance does not address all the issues that employers have faced in recent years, it does provide some needed clarity.

By way of background, on February 22, 2021, Governor Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) into law. In addition to legalizing the use of marijuana for anyone aged 21 and over, CREAMMA prohibited employers from taking adverse employment action against an employee, such as termination, solely “due to the presence of cannabinoid metabolites in the employee’s bodily fluid.” In other words, under CREAMMA, a positive drug test result for marijuana is insufficient for an employer to conclude that an employee is impaired and to take disciplinary action. Instead, CREAMMA requires the employer to use a Workplace Impairment Recognition Expert (“WIRE”) to conduct “a physical evaluation in order to determine an employee’s state of impairment.”

However, CREAMMA did not establish what credentials, experience, or training a WIRE would need and instead directed the CRC to design and implement a certification process. After much delay, the CRC finally published some guidance to assist employers. While the new guidance does not formulate and approve standards for WIRE certification, it does state that a positive drug test result combined with “evidence-based documentation of physical signs or other evidence of impairment during an employee’s prescribed work hours may be sufficient to support an adverse employment action.”

While WIRE certification is unavailable, the CRC recommends that employers “[d]esignate an interim staff member to assist with making determinations of suspected cannabis use during an employee’s prescribed work hours.” The designated employee “[s]hould be sufficiently trained to determine impairment and qualified to complete [a] Reasonable Suspicion Observation Report [which is a form created by the CRC].”

The report should document “the behavior, physical signs, and evidence that support the employer’s determination that an employee is reasonably suspected of being under the influence during an employee’s prescribed work hours.” The CRC recommends that a second person in addition to the observer, such as a manager or supervisor, be involved as well. Employers should consider using “cognitive impairment test, a scientifically valid, objective, consistently repeatable, standardized automated test of an employee’s impairment, and/or an ocular scan, as physical signs or evidence to establish reasonable suspicion of cannabis use or impairment at work.”

Although this guidance is helpful in some respects, it still leaves employers with much uncertainty. The best course of action is for the CRC to adopt WIRE certification standards as soon as possible as the Legislature intended with the passage of CREAMMA.

Ansell Expands Cannabis Law Practice Group

The Firm added a number of new attorneys to the Practice Group to best serve clients in this multidisciplinary field. Kelsey Barber has taken the lead on applications, Irina Moin is assisting with corporate formation, structure, and governance, and Melanie Scroble and David Lang represent cannabis clients with commercial real estate needs, including leasing, site acquisition, and zoning. Rahool Patel also continues to represent clients in litigation matters, including the still ongoing (and successful) appeal of the 2018 Request for Applications, as well as challenges to municipalities for failing to employ objective criteria in awarding resolutions of support to prospective state applicants.

As a full-service law firm, Ansell attorneys are able to bring their collective experience and skills to serve every client need in this ever-growing, and ever-changing, area of the law.

Second Circuit Holds Classifying Cannabis As A Schedule I Narcotic Is Irrational; Does Nothing About It

According to a ruling recently handed down by the United States Court of Appeals for the Second Circuit, the federal government’s classification of cannabis as a Schedule I controlled substance without medical utility isn’t unconstitutional, but it is “irrational.”

In the matter of United States of America v. Green, Nos. 19-997(L), 19-1027 (Con), __F.4th__ , 2022 WL 3903654 (2d Cir. Aug. 31, 2022), defendants were charged by the United States District Court for the Western District of New York with conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. Defendants filed a motion to dismiss the narcotics conspiracy count on the grounds that the classification of marijuana under Schedule I of the Controlled Substances Act violates their Fifth Amendment due process and equal protection rights, and that marijuana’s scheduling has no rational basis because it does not meet the statutory criteria for inclusion on Schedule I. The District Court therein denied defendants’ motion, finding they incorrectly sought to tether the rational basis inquiry to the statutory criteria.

On appeal the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s decision, determining:

“[T]he Act’s scheduling criteria are largely irrelevant to our constitutional review because the rational basis test asks only whether Congress could have any conceivable basis for including marijuana on the strictest schedule. Because there are other plausible considerations that could have motivated Congress’s scheduling of marijuana, we conclude that its classification does not violate the [plaintiffs’] due process or equal protection rights.

While the Judges acknowledged that defendants “convincingly argued that it is irrational for the government to maintain that marijuana has no accepted medical use,” they ruled that defendants were required to “do more than show that the legislature’s stated assumptions are irrational; [they] must discredit any conceivable basis which could be advanced to support the challenged provision, regardless of whether that basis has a foundation in the record, or actually motivated the legislature.”

While disheartening, the Second Circuit’s ruling is consistent with other federal courts’ refusal to strike Schedule I classification, reasoning instead that it is the responsibility of federal lawmakers, not federal courts to repeal the prohibition on marijuana.

Psilocybin May Be Next On The List Of Legalized Substances In NJ

In recent years, efforts to decriminalize and legalize the use of psilocybin (colloquially known as “hallucinogenic mushrooms”) for medical, recreational and scientific purposes has been advancing rapidly. In the State of New Jersey, the potential passage of the “Psilocybin Behavioral Health Access and Services Act” (the “Psilocybin Behavioral Act”), introduced by Senate President, Nick Scutari in June of 2022 would see such legalization and sale of hallucinogenic mushrooms in New Jersey businesses and medical facilities, similar to the State’s recent success in recreational cannabis facilities.

If passed, the Psilocybin Behavioral Act would authorize the production of psilocybin for therapeutic use under a controlled environment, and decriminalize and expunge past convictions for certain psilocybin related conduct, including possession.

Although the Psilocybin Behavioral Act posits itself as mental health, rather than revenue generation for the State, it does take some inspiration from the current Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act. Specifically, applicants will be eligible to pursue four different types of licenses, including, a psilocybin product manufacturer, psilocybin service center operator, psilocybin testing laboratory, and psilocybin service facilitator, as well as a psilocybin worker permit.

Ansell Launches Psychedelics Practice

On the heels of its successful cannabis practice, which has included numerous granted licenses for its clients as well as successes in Court litigating cannabis matters, the Firm is excited to announce it is expanding into the realm of psychedelics.

The Firm also recently was honored by the New Jersey Cannabis Insider as one of three finalists for Excellence in Cannabis Law and has been covered by numerous media outlets and published on the topic.

Biden Administration Open to Health Department Role in Potential Use of Psychedelic Therapies

The Biden Administration’s Department of Health and Human Services is actively anticipating that the FDA will approve psychedelic therapies — using psilocybin and MDMA — in the next two years, leading the way for alternative mental health treatments on a federal level.

The plan was revealed in a document coined the “May letter,” a correspondence sent by Assistant Secretary for Substance Abuse and Mental Health Services Administration (SAMHSA), Miriam Delphin-Rittmon to Rep. Madeleine Dean, D-Pa.

Dean had contacted HHS and proposed an interagency task force to lead a public-private partnership to address issues associated with anticipated approval by the FDA of MDMA for the treatment of PTSD and psilocybin for depression “within approximately 24 months,” the letter notes.

Delphin-Rittmon responded:

“SAMHSA agrees that too many Americans are suffering from mental health and substance use issues, which have been exacerbated by the ongoing COVID-19 pandemic, and that we must explore the potential of psychedelic-assisted therapies to address this crisis.”

Delphin thereafter confirmed that SAMHSA was exploring the prospect of establishing a Federal Task Force to monitor and address the numerous complex issues associated with emerging substances including the private sector, and that “collaboration across federal agencies with outside stakeholders will be the most effective way to ensure we are thoughtfully coordinating work on emerging substances.”

The letter marks an about-face from decades of federal drug policy, which classified psychedelics like MDMA and psilocybin as Schedule I narcotics, with no currently accepted medical use and a high potential for abuse.

About the Cannabis Law Practice
Among the leading cannabis firms on the East Coast, we work with cannabis entrepreneurs, industrial hemp producers, ancillary businesses and governing bodies seeking regulatory counsel.

September 2022 Newsletter

Ansell Grimm September 26, 2022

Klein Helping Clients with Property Sales and Acquisitions Across the State

Jason S. Klein, Esq. (a) assisted a client in the acquisition of a 200-plus unit multifamily complex located in Morris County, through a membership interest purchase, which also included assistance with financing from a large regional bank and multiple 1031 exchanges; (b) assisted a client in the disposition of retail center on the boardwalk in Cape May county; (c) assisted a client in the sale and simultaneous disposition of a property in located on Route 22 in Somerset County; and (d) represented a client in the simultaneous acquisition of two retail properties in Monmouth County, from two (2) separate owners and assisted with negotiating and closing the acquisition financing in connection therewith with a large New Jersey-based bank.

Come See Us at the CAI Expo on October 20

The Community Association Practice Group will be exhibiting at the New Jersey Community Associations 2022 Annual Conference & Expo on October 20.
The 2022 CAI Conference & Expo will be held from 8:30 a.m. to 3 p.m. at The Event Center @ iPlay America located at 110 Schanck Road, Freehold, NJ.
CAI’s Annual Conference & Expo provides learning and networking opportunities for homeowners, managers, and business partners. Registration is free for all homeowners and community association managers and includes complimentary breakfast and lunch, educational programs, and multiple chances to win $1,000 during the show (must be present to win).
When you are at the expo, please visit us at Booth #823. You can also contact David J. Byrne, Esq. if you wish to set up a meeting with one of our attorneys while you are at the conference.

Brodsky Wins Approval for Projects Across Monmouth County

Zoning and Land Use Department co-chair Rick Brodsky, Esq. had a very productive summer winning approval for several projects before municipal boards throughout the county.

In June, the Shrewsbury Land Use Board voted unanimously to grant Use Variance and site plan approval, permitting the Applicant, Restore Hyper Wellness, to operate a health and wellness facility for customers seeking general wellness and anti-aging services and athletic recovery, including natural reduction of inflammation at 1079 Broad St. In July The Marlboro Township Zoning Board voted unanimously to grant variance and site plan approval permitting the Waitt Funeral Home to undertake significant renovations, upgrades and additions to its existing, long-standing building on Route 79.

Also in July, the Ocean Township Zoning Board, unanimously approved the application of Gold Coast Cadillac, granting site plan approval, with variances, permitting the renovation/expansion of the existing Cadillac car dealership on Route 35.

In August, the Long Branch Planning Board adopted the Resolution of Approval for its July unanimous decision to permit a four-lot Major subdivision application from Chelsea LLC.

Moin, Oliver, and Sherman Join Ansell Grimm & Aaron

Three new attorneys, Irina Moin, Esq., Jonathan Sherman, Esq., and Leigh Oliver, Esq., have joined the firm. Ms. Moin is licensed to practice in NY and NJ and will be joining both the Corporate Finance and Banking Department and Cannabis Law Department.

Ms. Oliver is a new associate in the Family Law practice and Mr. Sherman is working in the Commercial Real Estate Department.

Bauchner Receives New Jersey Law Journal Innovator of the Year Award, Appointed to NJSBA Foundation Committees

Joshua S. Bauchner, Esq. has been named one of the New Jersey Law Journal’s “Innovators of the Year” for 2022. Bauchner is one of just four attorneys in the state selected for the honor.

Bauchner also has been appointed by the New Jersey State Bar Foundation to the Publication Oversight Committee and the Editorial Advisory Board of the Respect Newsletter for 2022-23 by Foundation President Kathleen N. Fennelly, Esq.

The New Jersey State Bar Foundation is committed to the principle that public understanding of our legal system is essential to preserving the liberties that are fundamental to our democracy.

Shapiro and Barber Win Relief Against Prospective Buyer’s False Claim

Through, targeted discovery, Lawrence Shapiro, Esq. and Kelsey Barber, Esq. succeeded in having a contract buyer dismiss its complaint to enforce a contract of sale and discharge a Lis Pendens recorded against AGA’s client’s commercial property. Plaintiff Lebanon 123, LLC sought to compel Kullman Associates, LLC to sell real property known as the Kullman Corporate Campus in Lebanon, New Jersey for $13,500,000.

Kullman terminated the contract and refused to transfer title claiming that Plaintiff failed to meet its contractual obligations, including fully funding the deposit. Despite representations from the title company escrow agent that the deposit was received, AGA’s strategic discovery uncovered evidence that the deposit was never fully funded and, in fact, what had been funded was returned to Plaintiff, even before the suit was filed. AGA then moved for summary judgment and put Plaintiff on notice of their claims being frivolous which resulted in Plaintiff voluntarily dismissing its complaint and freeing the property for Kullman’s use and remarketing.

Bauchner to Moderate NJSBA Cannabis Law seminar

Joshua Bauchner, Esq. and Lisa Gora, Esq. of Epstein Becker & Green, PC will moderate a discussion on the latest developments in cannabis law at the New Jersey Law Center in New Brunswick, on October 26.

The topics covered in the seminar include:

Psychedelics — The New Cannabis
Cannabis in NJ Towns: Municipal and Local Applicant Perspectives
Diversity, Equity, and Inclusion

There will also be a Q & A session The event runs from 2-5 p.m. and a companion webcast will be available online. Attendees can receive Continuing Legal Education credit for NJ, PA, and NY. Information on the credits provided is available on the event registration page.

A happy hour will follow at the Law Center, after which the NJSBA Cannabis Law Committee, which Bauchner and Gora co-chair, will convene.

Court Case Corrects Planning Board Denial

Litigation Department co-chair Lawrence Shapiro, Esq. succeeded in overturning the Planning Board of the Borough of Rumson’s denial of an application to subdivide property into two developable lots.

In overcoming the Board’s decision on behalf of the applicant, Michael McCarty, Shapiro demonstrated that the Board had erred in siding with objecting neighbors in refusing to grant minimal variances of lot circle, front yard setback, and lot width/frontage.

Notably, the Court reversed the Board’s decision resulting in the approval of the subdivision, with variances, on behalf of the applicant. In doing so, the Court found the Board’s reasoning to be a “sham” for its desire to maintain larger lot sizes in the zone.

Rosenstein Wins Long Court Battle to Protect Client

Ansell Grimm & Aaron, PC was retained by a trucking and rigging company after one of its employees sustained substantial injuries on a jobsite. Despite the project being covered by an Owner Controlled Insurance Program (OCIP), the contractor that retained our client failed to notify our client of the OCIP and did not enroll our client in the program. Making matters worse, our client’s insurance brokers failed to identify and advise the client about an exclusion in its commercial general liability policy that contained an “Absolute Employee and Worker Injury and Liability Exclusion endorsement,” leaving our client vulnerable to the claims asserted in the action. While our client was shielded against direct liability from the plaintiffs, the employee filed an action against the other entities involved in the project — some of whom subsequently filed a third-party action against our client.

Seth Rosenstein, Esq. of AGA’s litigation practice group handled this matter, aggressively defending the action and adding the client’s insurance brokers as fourth-party defendants on the basis that but for their negligence, the client would not have been left without insurance coverage for third-party action claims. After over four years of litigation, our efforts resulted in an ideal settlement whereby our client did not contribute any funds to the settlement and received a global release from all parties involved.

News

Current Opportunities

Bankruptcy Attorney

Community Association Practice Attorney

Corporate Attorney

Litigation Associate

Legal Assistant – Criminal Department

Legal Assistant – Family Law

Billing and Collections Coordinator

CONFIDENTIAL Inquiries including cover letter and resume may be submitted to careers@ansellgrimm.com. No phone calls, please.

New York Lawmakers Introduce Psychedelics Legalization Bill

New Jersey’s Psilocybin Behavioral Health Access and Services Act Seeks Legalization and Home Growth of Psilocybin

Ansell’s Psychedelics Practice

This year has been a year of growth at AGA. We continue to add talented individuals to all levels of personnel to support the multifaceted practices at AGA. We have also recognized the achievements of several of our professionals at the firm by elevating them to new roles.

Recovery for Landlord in Debtor’s Attempt to Escape Obligations

Summary Judgment Benefitting Child’s Trust

Summary Judgement Secured in Convoluted Fraudulent Mortgage Matter

Protection for Landlord from Tenant Bankruptcy

Relief for Landlord from Automatic Bankruptcy Stay

FINRA Advisor Defense

Relief Won Against Subcontractor’s Claims for Payment

Success for Youth Community Center

Synagogue May Proceed with Development

Ansell Launches Psychedelics Practice

Cannabis Litigation — Securing Our Clients’ Rights

Keyport

Neptune City

2022 Licenses Secured

Mule Extracts, LLC: Annual Manufacturer License

Arbory Wellness, LLC: Annual Retailer License

Canopy Crossroad: Microbusiness Retailer License

The Violet Room: Annual Retailer License

DMW Holdings LLC: Annual Manufacturer License

New York Medical Psilocybin Proposed Legislation – Regulatory Update

Federal Injunction Causes Uncertainty for Adult Use Cannabis in New York

CRC Issues Guidance On WIRES; Raises More Questions Than Answers

Ansell Expands Cannabis Law Practice Group

Second Circuit Holds Classifying Cannabis As A Schedule I Narcotic Is Irrational; Does Nothing About It

Psilocybin May Be Next On The List Of Legalized Substances In NJ

Ansell Launches Psychedelics Practice

Biden Administration Open to Health Department Role in Potential Use of Psychedelic Therapies

Klein Helping Clients with Property Sales and Acquisitions Across the State

Come See Us at the CAI Expo on October 20

Brodsky Wins Approval for Projects Across Monmouth County

Moin, Oliver, and Sherman Join Ansell Grimm & Aaron

Bauchner Receives New Jersey Law Journal Innovator of the Year Award, Appointed to NJSBA Foundation Committees

Shapiro and Barber Win Relief Against Prospective Buyer’s False Claim

Bauchner to Moderate NJSBA Cannabis Law seminar

Court Case Corrects Planning Board Denial

Rosenstein Wins Long Court Battle to Protect Client

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