Kelsey Barber

We Congratulate Our Client for Securing Its Latest New Jersey Cannabis License

Ansell.Law is delighted to congratulate its client, Mule Extracts LLC, on securing a cannabis license from the New Jersey Cannabis Regulatory Commission. Previously awarded a Conditional Class Two Manufacturer License, Mule Extracts recently obtained its Class Two Annual Manufacturer License, allowing it to operate in New Jersey. A highly nuanced and multi-step process, we guided Mule Extracts in obtaining both its early licenses and submitting the Conversion Application.

Our Controlled Substances and Regulatory Practice attorneys understand the complex laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. A multifaceted area of the law with conflicting regulations from different governing bodies, we help our clients navigate all aspects of this emerging field. Contact Kelsey Barber if you have questions about this evolving area of law.

Controlled Substances & Regulatory Law August Update

In the rapidly evolving area of controlled substances law, our attorneys are at the forefront of recent developments and important issues affecting business owners in this exciting space. Read below to learn more.

New Lawsuit Challenges Unconstitutional Bureaucratic Overreach by New York Cannabis Regulators

A new lawsuit challenges unconstitutional overreach by NY cannabis regulators that has delayed or denied dispensary licenses for hundreds of qualified applicants. Read More.

New York’s Cannabis Control Board Approves New Regulations for Select Cannabinoid Products

To curtail the largely uncontrolled New York market of hemp-derived cannabinoids, state regulators recently approved new regulations. However, these regulations are having an immediate negative impact on thousands of small businesses. Read More.

Ansell Law’s New York Controlled Substances and Regulatory Law Capabilities

In addition to our strong foothold navigating New Jersey’s controlled substances industry, Ansell Law has a New York presence where we assist clients seeking a Conditional Adult-Use Retail Dispensary (CAURD) license. Read More.

New Cannabis License Categories Will Become Available in New Jersey

Beginning September 27, 2023, the New Jersey Cannabis Regulatory Committee (“CRC”) will open three new adult-use cannabis license categories- Wholesaler, Delivery, and Distribution- in the Garden State. Read More.

New Coalition Ups Pressure to Reschedule Cannabis From List of Controlled Substances

A new coalition of cannabis lawyers, researchers, activists, and businesses is ramping up pressure on the Biden Administration to either remove cannabis from the Controlled Substances Act’s list of controlled substances or reschedule it to a lower tier.  Read More.

In Major Advancement, FDA Issues First-Ever Draft Guidance on Clinical Trials for Psychedelic Drugs 

In a significant step that offers the promise of new medical treatments and advancements, the U.S. Food and Drug Administration issued its first-ever guidance for those wishing to study and test psychedelics for medicinal use. Read More.

Firm News

Joshua S. Bauchner and Kelsey M. Barber, two attorneys in our Controlled Substances and Regulatory Law Group, will present during the National Business Institute’s Marijuana Business Operations in New Jersey seminar on August 21, 2023. They will address critical human resources, labor, and employment issues affecting cannabis and marijuana businesses operating in New Jersey. Bauchner and Barber also will provide an ethics presentation exploring rules of professional conduct, the duty to pursue justice, attorney use of cannabis, and attorney ownership of cannabis businesses.

The full-day seminar will be offered live online on August 21, 2023, and available to view on demand. Learn more and register for this information-packed program presented by cannabis industry leaders.

Bauchner also contributed to the book “New Jersey Cannabis Regulation,” published by LexisNexis, which focuses on marijuana laws and regulations as interpreted by NJ courts. The book is available to order.

Ansell Law’s dedicated Controlled Substances & Regulatory Law Practice Group has an in-depth understanding of the laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. Controlled substances law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies. Our attorneys are prepared to assist in all aspects of this emerging field. We are committed to helping our clients understand their rights and the opportunities in this complex and evolving area of law. For additional information, please contact Joshua S. Bauchner or Kelsey M. Barber at (973) 247-9000.

Joshua Bauchner and Kelsey Barber Present on New Jersey Marijuana Business Operations

Shareholder Joshua S. Bauchner and associate Kelsey M. Barber will present during the National Business Institute’s Marijuana Operations in New Jersey seminar. They will address critical human resources, labor, and employment issues affecting marijuana and cannabis businesses operating in New Jersey. Their session includes key considerations for hiring and training employees, navigating 401k issues specific to the industry, and understanding corporate governance. Bauchner and Barber also will provide an ethics presentation exploring rules of professional conduct, the duty to pursue justice, attorney use of cannabis, and attorney ownership of cannabis businesses.

The full-day seminar will be offered live online on August 21, 2023, and available to view on demand. Learn more and register for this information-packed program presented by cannabis industry leaders.

As one of the most rapidly evolving industries today, lawyers in the cannabis space must be educated on licensing, operations, and employment issues such as drug testing. Contact an attorney in our Controlled Substances and Regulatory Law Practice Group with any questions about this emerging area of law.

Ansell.Law Secures Micro-license and Zoning Site Approval for Cannabis Retailer in Monmouth County

Establishing a retail cannabis facility in New Jersey is a long and complicated process. Although adult recreational cannabis use is now legal in New Jersey, local municipalities have their own regulations limiting or prohibiting recreational-use retailers. Before opening a retail location, recreational cannabis retailers must first successfully navigate through a complex and rigorous licensing process with the State of New Jersey.

After obtaining a license from the state, retailers are then faced with the arduous task of working through the maze of local regulations and zoning rules to secure approvals for a suitable location for their store.

The firm’s Controlled Substances and Regulatory Practice Group, led by attorneys Joshua S. Bauchner and Kelsey M. Barber, secured a “Micro” license for its client, Canopy Crossroad, which classification requires, among other things, that ownership of the cannabis retailer consists of local residents. After clearing that first hurdle, Canopy Crossroad needed to find and secure a location for its store and then undertake the challenging local municipal zoning approval process. They decided on Red Bank, a town that had agreed to opt-in to New Jersey’s law allowing the sale of cannabis. But before opening their dispensary, Canopy Crossroad needed approval from the Borough’s Planning Board.

As a full-service firm with cross-disciplinary practice areas, our client then was able to work with Rick Brodsky, of the Land Use and Zoning Law Department, who appeared before the Red Bank planning board on Monday, May 1st, and Monday, May 16th, for hearings on Canopy Crossroad’s application for site plan approval to open their retail outlet. After a heated debate among Brodsky, representatives of Canopy Crossroad, the Red Bank Planning Board, and opponents to opening a cannabis retailer in Red Bank, the Planning Board approved Canopy Crossroad’s conditional use site plan application on an 8-1 Board vote.

“Red Bank opted in, and cannabis is legal in the state,” said Brodsky. “By opting in, the town was required to specify districts where cannabis can be sold as a permitted use. The Red Bank Planning Board correctly interpreted the law, and we are delighted that they approved our site plan.”

Bauchner further noted that the Firm was a “one stop shop” for cannabis, and other clients, servicing all our clients’ needs:  “From corporate formation and operating documents, to lease agreements or site acquisition, to preparation of applications before the State CRC and Townships, to zoning approvals, all the way through to vendor and employee agreements once operational, our attorneys collaborate across disciplines to fulfill all client needs.”

Ansell Clients Secure Cannabis Licenses

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

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.

The NJSBA will conduct a seminar on the latest developments in cannabis law on Oct. 26.

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 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.

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.

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.

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 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.

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.

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.

 

September 2022 Newsletter

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.