Jenny Hallowell 1978-2021

Posted on December 23rd, 2021

Jenny HallowellThe Shareholders and the entire AGA Team mourn the sudden and too early loss of Jenny Hallowell, a longtime member of the AGA Team.  Jenny joined the Firm in 1996 and, after taking a short hiatus, rejoined the firm in 2006.  Jenny worked her way up through various positions in the Firm, most notably as an Assistant to the Commercial Real Estate Department and then Legal Assistant to Mitchell J. Ansell, Esq., Chair of the Firm’s Criminal Defense Department for the past 15 years.  Jenny passed suddenly and unexpectedly on December 21st.

Jenny’s infectious smile and good humor, as well as dedication to the Firm, will be dearly missed by all.  On a daily basis, Jenny positively impacted countless numbers of lives.  Any time a client was in crisis, Jenny’s calming voice and reassuring demeanor would invariably help each and every client move forward. Our tears, hearts, and prayers go out to Jenny’s family, friends, and the myriad of people she has touched over the years.

Posted in News

Notice of Privacy Incident

Posted on December 9th, 2021

Ocean, New Jersey August 23, 2021 – Although unaware of any actual or attempted access or misuse of individual’s information, Ansell Grimm is providing notice to certain individuals of an incident involving limited personal information.

Ansell Grimm recently learned of suspicious activity occurring within employees’ email accounts. Ansell Grimm immediately took steps to secure the email accounts and commenced an investigation to determine what happened. The investigation could not confirm what emails or attachments within those accounts were viewed or accessed by an unknown actor. Therefore, in an abundance of caution, Ansell Grimm reviewed the impacted email accounts to identify personal information within those accounts. This review was recently completed and Ansell Grimm then immediately began reviewing records to identify address information for individuals.

Ansell Grimm determined, through its investigation, that the information potentially at risk included a limited number of individuals’ names, addresses, Social Security numbers, dates of birth, employee identification numbers, bank or financial account information, credit or debit card information, driver’s license or state identification numbers, user name within login information, electronic signature, medical information, or health insurance information.

While unaware of misuse of any personal information, beginning on June 25, 2021, Ansell Grimm began mailing or emailing notices to those potentially impacted by this incident, and provided information about the event and steps that can be taken to safeguard one’s information. Specifically, Ansell Grimm encourages impacted individuals to remain vigilant against incidents of identity theft and fraud by reviewing their account statements and explanations of benefits for suspicious or anomalous activity. Any suspicious activity should be promptly reported to the appropriate provider, insurer, or financial institution.

Ansell Grimm has established a dedicated call center for individuals to contact with questions or concerns or to determine if they are impacted.  This dedicated call center can be reached at 855-867-0665, Monday through Friday from 9am to 9pm Eastern, excluding U.S. holidays.

 

Notice of Privacy Incident

Posted in News

Stefan J. Erwin joins Ansell Grimm & Aaron

Posted on December 7th, 2021

We are pleased to welcome Stefan J. Erwin, Esq. as an associate at Ansell Grimm & Aaron PC.  Stefan is a trial attorney who came to Ansell Grimm from an established Newark practice where he represented the largest cities in New Jersey.  Mr. Erwin brings nearly a decade of experience to the firm and focuses on Complex Civil Litigation, Electronic Discovery, Criminal, Appellate, Labor and Employment, Public Entity and Civil Rights work.  Stefan graduated from Rutgers University with dual degrees in Political Science and Criminal Justice.  He thereafter went to Rutgers Law School where he interned for the Honorable Noel Hillman in Camden’s Federal District Court. Before graduating Law school, he accepted a clerkship with the Honorable James Hely, J.S.C. of the Law Division in Union County.  There, he also taught public school kids a course in Constitutional Law, founded a local community garden, and sat on the board of a charter school. Mr. Erwin has received several favorable jury verdicts for his clients in the Public Defender’s Office where he litigated cases from inception through appeal.

Cannabis Law December Update

Posted on December 6th, 2021

Cannabis Regulatory Commission Notice of Applications

On Tuesday, November 9, 2021, the New Jersey Cannabis Regulatory Commission held a meeting at which they voted on and issued Resolution 2021-17, the Notice of Applications for Recreational Cannabis Businesses. This notice details the application requirements for Class 1 cultivators, Class 2 manufacturers, Cannabis Testing Laboratories, and Class 5 retailers. Class 1, Class 2, and Testing Laboratory applications will begin being accepted on December 15, 2021, at 9:00am. Class 5 applications will begin being accepted on March 15, 2022, at 9:00am. The Commission has not yet determined when applications will be accepted for Class 3 wholesalers, Class 4 distributors, and Class 6 delivery services. A copy of the Notice can be found here, and a recording of the meeting can be viewed here.

 

Cannabis Regulatory Commission Pre-application Webinar

On Tuesday, November 30, 2021, New Jersey Cannabis Regulatory Commission released a pre-recorded Webinar with further information on the upcoming acceptance of applications. This webinar is a continuation of the October webinar held by the Commission, and discussed in more detail the application requirements and process set to begin on December 15. The Commission also addressed frequently asked questions about the application process submitted in response to the November meeting. There was also a brief demonstration of the application portal that will be used by applicants. The Commission indicated that forms needed as part of applicants’ submissions will be posted to the Commission’s website in the coming days. The pre-recorded webinar can be viewed here.

 

NJSBA Analysis and Recommendations to the Cannabis Regulatory Commission

The New Jersey State Bar Association’s Cannabis Law Committee has submitted a report of analysis and recommendations to the Cannabis Regulatory Commission on its initial rules and regulations. The report is an analysis of both the current rules that have been issued by the Commission, as well as areas of regulation included in the Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act that have not yet been addressed by the Commission’s rules. Topics include licensing considerations, municipal and land use issues, social equity challenges, public safety concerns, and how hemp and non-psychoactive cannabinoids will fit into the adult-use industry.  A copy of the report can be viewed here.

 

Cannabis Regulatory Commission Meeting

The next meeting of the Cannabis Regulatory Commission will be held on Tuesday, December 7, 2021 at 6:00pm. Major agenda items for this meeting include the consideration of delegated authority for the 2018 RFA and the consideration of the 2019 RFA dispensary awards. You can register to speak during the public comments period of the meeting until noon on December 7. The Commission is also accepting written comments until December 8, at 5:00pm. Additional information about the December 7 meeting can be found here.

 

For additional information, or to apply, contact Joshua Bauchner (jb@ansellgrimm.com) or Zachary Windham (zlw@ansellgrimm.com) or call (973) 247-9000.

 

ANSELL GRIMM & AARON NEWSLETTER NOVEMBER 2021

Posted on November 1st, 2021

Jennifer Krimko Secures Variance for New Tesla Gallery and Service Facility

Jennifer Krimko, a Shareholder and Co-Chair of the Firm’s Land Use and Zoning Department, recently represented the property owners for the upcoming Tesla automobile gallery and factory-authorized service facility in Eatontown. The project required approval by the Eatontown Zoning Board of Adjustment because car sales are not permitted in the borough’s zoning rules. In addition to the selling and servicing of electric vehicles, the store will provide a free-standing charging station open to the public along the Route 35 corridor.

 

x

David Zolotorofe Leads Woodland Park Commercial Real Estate Team in Multiple Transactions

Commercial Real Estate Development Attorney David ZolotorofeDavid Zolotorofe, Managing Partner of the Firm’s Woodland Park office, Melanie Scroble and Jessica Zolotorofe, of the Firm’s Commercial Real Estate Department in Woodland Park, New Jersey, served as counsel to ARCTrust Properties in the leasing and refinancing of the newly renovated Eatontown Plaza Shopping Center in Eatontown, New Jersey tenanted by Target, Best Buy, Total Wine, TJ Maxx, Party City, Chick-fil-A, Wells Fargo and Sleep Number Stores. The refinance loans with Provident Bank were made in conjunction with the construction expansion and renovation of the Shopping Center. Mr. Zolotorofe also served as lead counsel to a subsidiary of  ARCTrust Properties in the leasing and subsequent disposition of the former K-Mart Shopping Center located in Sayville, New York.

 

Joshua Bauchner Talks Cannabis with New Jersey Law Journal

NJ Bankruptcy AttorneyOn Monday, October 18, 2021 Joshua Bauchner, a Shareholder who serves as both Co-Chair of the Litigation Department and head of the Cannabis Law Practice Group, was featured in the New Jersey Law Journal’s weekly Bar Report. The Bar Report spoke with NJSBA Cannabis Law Committee Co-Chairs Joshua  Bauchner and Lisa Gora about the legal landscape surrounding the new state cannabis law and what can be expected in the early days of this new industry. The Report includes a Q&A that touches on the new law’s impact on attorneys, opportunities for New Jersey entrepreneurs, municipal involvement, and current expected timelines. A copy of the Report can be viewed here.

 

 

Michael Benedetto Leads Commercial Real Estate Department in Closing over $250 Million in Multi-State Transactions

NJ Commercial Real Estate AttorneyMichael Benedetto, Managing Shareholder and Co-Chair of the Commercial Real Estate Department, led the real estate team to close over $250 million in multi-state transactions, serving as lead counsel in numerous transactions, including: (i) representing the seller in the sale of property for an approved 400 Unit multifamily development located in central New Jersey with assistance from Jason Klein; (ii) representing the seller in the sale of a seven property self-storage property portfolio to a REIT with assistance from James Sylvester of the Firm’s Corporate, Finance & Banking Department, and Jessica Zolotorofe; (iii) representing the purchaser in the acquisition and simultaneous financing of a 312 unit multi-family apartment complex located in South Carolina, with assistance from Mr. Sylvester; (iv) representing the purchaser in the acquisition and simultaneous financing of a 123 unit multi-family apartment complex located in the State of Florida, with assistant from Mr. Sylvester, as well as Melanie Scroble and Ms. Zolotorofe; (v) representing the seller in the sale of a retail Rite Aid location in the State of Michigan; (vi) representing the seller in the sale of a retail Walgreens location in the State of Tennessee; and (vii) representing various developers in multiple ongoing redevelopment projects throughout New Jersey.

 

Rick Brodsky Secures Planning and Zoning Approvals Across New Jersey

NJ Real Estate Tax Appeal AttorneyRick Brodsky, a Shareholder and Co-Chair of the firm’s Land use and Zoning Department and Real Estate Tax  Appeal Department, recently secured several approvals from Zoning and Planning Boards across New Jersey. The Red Bank Zoning Board approved the significant headquarters expansion for Lunch Break, a not for profit that for nearly 40 years has provided food, clothing, life skills and fellowship to residents of Monmouth County, and of which Mr. Brodsky serves as a member of the Board of Trustees. Mr. Brodsky also secured preliminary and final major site plan approval from the Tinton Falls Planning Board, with use and bulk variances, for the construction of three (3) warehouse/flex space buildings, consisting of 80,000 square feet, on an existing vacant, wooded parcel, together with associated site improvements including outdoor storage, landscaping, lighting, utilities loading and parking spaces, access driveway and storm water management system. Mr. Brodsky also recently secured preliminary and final major subdivision approval, with variances, from the Middletown Planning Board, to subdivide an existing 38 acre parcel into 6 building lots for single family residential homes and one non-buildable lot containing wetlands and sanitary and utility easements.

 

Melanie Scroble Closes Over $50 Million in Transactions Involving Retail CVS Properties and Mavis Tire Retail Stores

NJ Commercial Real Estate AttorneyMelanie Scroble, a Shareholder of the Firm’s Commercial Real Estate Department, with assistance from Jessica Zolotorofe, of the Firm’s Woodland Park office, served as lead counsel in the following matters: (i) representing a borrower in a multi-million-dollar refinance of four CVS retail properties located throughout the State of Virginia with Towne Bank which included the restructuring of the ownership of the borrower from a Delaware Statutory Trust to a limited partnership; (ii) representing a buyer in the purchase of eight CVS retail properties located nationally in California, Georgia, Indiana, and Missouri, which included the acquisition of the membership interest and assumption of the existing mortgage loan and subsequent closings for the defeasance, refinance, and resale of several of the properties; and (iii) representing a buyer and landlord in the purchase and leaseback of four Mavis Tire retail stores located in New Jersey and Pennsylvania with subsequent closings for the mortgage financing with Prudential Bank and OceanFirst Bank. Ms. Scroble and Ms. Zolotorofe also served as lead counsel to the purchaser of a multi-million-dollar acquisition of a residential apartment building located in Union County, New Jersey and related financing with Northfield Bank.

 

Robert Honecker Featured in Film on Impact of 9/11 on Monmouth County

NJ Criminal Defense LawyerRobert Honecker, a Shareholder who specializes in criminal and municipal court defense in the firm’s Ocean office, was recently featured in the documentary Monmouth County, 9/11, and Its Aftermath. The film was produced by the Monmouth County Clerk’s Office, in partnership with the Monmouth County Historical Association with support from Monmouth University, to commemorate the 20th anniversary of the September 11, 2001 terrorist attacks on the United States of America. It incorporates archival records and original interviews with Monmouth County, New Jersey residents impacted by the events of 9/11 to preserve the history of Monmouth County, New Jersey, 9/11, and its aftermath. The documentary can be viewed here.

 

 

 

Jason Klein Handles Closing for Multi-Family Units in Monmouth and Essex County and Multi-Unit Quick Service Restaurants

NJ Commercial Real Estate AttorneyJason Klein, a Shareholder of the Commercial Real Estate Department and Corporate Department, led the real estate team to close over 25 million dollars in multi-family apartment units serving as lead counsel in the following matters: (i) representing a Buyer in the acquisition of two multi-family apartment units in Monmouth County consisting of 96 total units with related financing from OceanFirst Bank; and (ii) representing a Buyer in the acquisition a 28-unit multi-family apartment building in Essex County with related financing from ConnectOne Bank. Mr. Klein also led the corporate department in connection with two multi-unit quick service restaurant transactions serving as lead counsel in the following matters: (i) representing a buyer in the acquisition of three quick service restaurants in the Fredericksburg, Maryland area; and (ii) representing a seller in the acquisition of three quick services restaurants in the Springfield, Pennsylvania area.

 

Zachary Windham Discusses Personal Use Cannabis Rules in the New Jersey Law Journal

On Monday, October 18, 2021, the New Jersey Law Journal published HIGH-lights: A Look at Personal Use Cannabis Rules Adopted by the Cannabis Regulatory Commission. The article, a collaboration between Zachary Windham, of the Firm’s Cannabis Law Practice Group, and Lisa Gora, of Wilentz, Goldman & Spitzer, focuses on the upcoming adult-use application process in light of the initial regulations released by the Cannabis Regulatory Commission. The article discusses who will receive “prioritization” in the application process and the impact of receiving such priority, as well as surmising when and what to expect for application submission window(s) given the limited details on the topic within the Commission’s initial rules. A copy of the article can be found here.

 

 

Seth Rosenstein Represents Clients Whose Vacation Home Was Ravaged by Fire

Seth Rosenstein of AGA’s Woodland Park and White Plains offices, recently represented vacationers whose rented waterfront home caught fire with the clients inside. While the landlord contended that the clients did not properly extinguish the fireplace, Mr. Rosenstein asserted counterclaims and third-party claims upon learning that the outdoor fireplace was not code compliant and missing a grate that would have held embers in the fireplace, as well as the fact that the property did not feature working smoke detectors.  Following a review of the homeowners’ insurance policy for the clients’ parents’ home where they reside, Mr. Rosenstein assisted the clients in successfully obtaining coverage and indemnity.  After extensive efforts, the carrier paid (i) all attorneys’ fees and costs expended, (ii) all expert fees and costs expended, and (iii) for all property lost in the fire.  Together with a settlement as to the counterclaims and third-party claims, Mr. Rosenstein’s clients recovered over six-figures.

xxx

Roy Hibberd Honored as Outstanding Volunteer by Philly VIP

On October 12, 2021 firm member and corporate counsel, Roy Hibberd, was honored by the Philly VIP at their 2021 Awards Night. Along with a number of other attorneys from the greater Philadelphia area, Mr. Hibberd was recognized as an outstanding volunteer and a member of the Pandemic Response Team for his assistance in providing legal services to clients of Philly VIP. More particularly, Mr. Hibberd has provided assistance to various low-income entrepreneurs and not-for-profit organizations with regard to business planning, intellectual property and various commercial business matters since becoming an attorney volunteer with Philly VIP in 2015.x

x

x

 

 

 

x

Cannabis CLE

On Thursday, October, 28 2021 Joshua Bauchner served as the co-Program Chair for the New Jersey State Bar Association’s Cannabis Law Committee’s seminar to discuss The latest developments in cannabis law, including the Cannabis Regulatory Commission’s initial regulations for the industry. In addition to the personal use cannabis regulations, there will be a panel of township officials to discuss Municipalities and Town Councils, as well as a discussion of corporate and real estate transactions; whether that be the acquisition or disposition of a cannabis operation or the real estate considerations when acquiring real property for, and when leasing to or by, a cannabis operation. For more information and to register for the NJICLE Seminar – Latest Developments In Cannabis Law click here.

Cannabis Law October Update

Posted on October 19th, 2021

New Jersey Weekly Bar Report

On Monday, October 18, 2021, the New Jersey Law Journal’s weekly Bar Report spoke with NJSBA Cannabis Law Committee Co-Chairs Joshua S. Bauchner, Esq. (of Ansell Grimm & Aaron, PC) and Lisa Gora, Esq. (of Wilentz, Goldman & Spitzer, PA) about the legal landscape surrounding the new state law and what can be expected in the early days of this new industry. The Report includes a Q&A that touches on the new law’s impact on attorneys, opportunities for New Jersey entrepreneurs, municipal involvement, and current expected timelines. A copy of the report can be viewed here.

 

Cannabis Regulatory Commission Meeting

On Friday, October 15, 2021, the New Jersey Cannabis Regulatory Commission held a meeting during which they voted on and issued recommendations for applicants for Cultivator and Vertically Integrated Licenses as part of the 2019 RFA round. The Commission did not take any action with regard to applicants for Dispensary Licenses. Initially, it was expected that five (5) Cultivator Licenses and four (4) Vertically Integrated Licenses would be awarded. At the meeting, the Commission announced that they would be recommending double the number of Cultivator Licenses. The Commission stipulated that these Cultivator Licensees will need to operate for one (1) year prior to being able to begin adult-use sales. A recording of the meeting will be available on the Commission’s website shortly.

 

New Jersey Law Journal

On Monday, October 18, 2021, the New Jersey Law Journal published HIGH-lights: A Look at Personal Use Cannabis Rules Adopted by the Cannabis Regulatory Commission. The article, a collaboration between Zachary L. Windham, Esq., of Ansell Grimm & Aaron, PC and Lisa Gora, Esq., of Wilentz, Goldman & Spitzer, PA, focuses on the upcoming adult-use application process in light of the initial regulations released by the Cannabis Regulatory Commission. The article discusses who will receive “prioritization” in the application process and the impact of receiving such priority, as well as surmising when and what to expect for application submission window(s) given the limited details on the topic within the Commission’s initial rules. A copy of the article can be found here.

 

2018 RFA Awards Still Outstanding

 Despite the Commission’s award of 14 new licenses to applicants from the 2019 RFA, the results of the 2018 RFA are still pending. It has been nearly three (3) years since several rejected applicants filed suit against the state due to lack of transparency and endemic errors in the scoring process implemented by the Department of Health. Last November, a three-judge appellate court vacated the initial 2018 awards and ordered the DOH to develop a new rating system for applications and to increase transparency. The responsibility for reevaluating these applications has been transferred to the Cannabis Regulatory Commission. The Commission has stated that the 2018 RFA applications are still under review. Appellants recently wrote the CRC requesting information on resolving this three-year old matter, however there is no indication of when this review might be completed.

 

Cannabis Regulatory Commission Cannabis Informational Webinar

On Wednesday, October 13, 2021, the New Jersey Cannabis Regulatory Commission held an informational webinar. During the webinar, the Commission briefly explained the equity and safety provisions in the initial rules as well as providing general guidance for municipalities. The Commission also discussed basic application requirements and what preliminary steps businesses can take to prepare for applying. The biggest news from the webinar was likely the Commission’s statement that Class 5 Retail License holders will be permitted to provide delivery services for their own products without holding a separate Class 6 Delivery Service License. A recording of the webinar can be viewed here.

 

NJSBA CLE:  Latest Developments In Cannabis Law

On Thursday, October, 28 2021 the New Jersey State Bar Association’s Cannabis Law Committee will be hosting a seminar to discuss The Latest Developments In Cannabis Law, including the Cannabis Regulatory Commission’s initial regulations for the industry. In addition to the personal use cannabis regulations, there will be a panel of township officials to discuss Municipalities and Town Councils, as well as a discussion of corporate and real estate transactions; whether that be the acquisition or disposition of a cannabis operation or the real estate considerations when acquiring real property for, and when leasing to or by, a cannabis operation.

 

Program Chairs are Joshua S. Bauchner, Esq. of Ansell Grimm & Aaron, PC, and Lisa Gora, Esq. of Wilentz, Goldman & Spitzer, PA. Speakers will include John Barree AICP, PP of Heyer, Gruel & Associates, Jack Fersko, Esq. of Greenbaum Rowe Smith & Davis, LLP, Mollie F. Hartman Lustig, Esq. of Cappuzzo, PC, Michael A. Hoffman, Esq. of The Hoffman Centers, PC, Mayor Ryan Martinez of Butler, Morris County, Ronald P. Mondello, Esq. of Law Offices of Ronald P. Mondello, Robert E. Schiappacasse, Esq. of Sills Cummis & Gross P.C, Mayor Domenick Stampone of Haledon, Passaic County, and Sarah Trent, Founder and CEO of Valley Wellness.

 

For more information and to register for the NJICLE Seminar – Latest Developments In Cannabis Law click here.

 

Come see us at the CAI Expo on Oct. 21

Posted on October 6th, 2021

AGA’s Community Association Practice Group will be exhibiting at the New Jersey Community Associations 2021 Annual Conference & Expo on October 21st, 2021.

The 2021 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. Mr. Byrne can be reached at djb@ansellgrimm.com or by calling 609-751-5551.

Hudson Valley CAI In-Person Expo slated for September 30

Posted on September 16th, 2021

Hudson Valley CAI Chapter President Stacey R. Patterson Esq., and the entire Hudson Valley Board is pleased to announce the return of our IN-PERSON Expo on Sept. 30, 2021 from 10 a.m. to 2 p.m. The Expo will be held at Homewood Suites in New Windsor, NY  Our Hudson Valley vendors from attorneys to accountants, engineers to insurance agents, and everyone in between will be there to welcome back our loyal members and greet new members. The Expo promises to be filled with education and entertainment including interactive games, door prizes, and refreshments.

Ms. Patterson says: “I am looking forward to seeing familiar faces and getting acquainted with the new ones. It’s been way too long since we’ve been able to get together.”

Registration is free and open until the day of the event. Those who register prior to Sept. 23 are eligible for a $200 drawing.

 

Andrea White Joins Family Law Committee

Posted on September 15th, 2021

Andrea B. White, Esq., a partner at Ansell Grimm & Aaron PC, has been appointed to a 3-year term on the  Family Law Committee of the Monmouth Bar Association. The Monmouth Bar Association exists to uphold the honor of the profession of the law, to encourage cordial association among members of the Bar, to coordinate the activities of the members of the Bar and to advance the honor, welfare, service, and enjoyment of its members.