News

Partner Carol Truss Receives Monmouth Bar Association’s 2024 Attorney Excellence Award

Ansell Grimm April 19, 2024

Ansell.Law is thrilled to announce that Carol J. Truss has received the Monmouth Bar Association’s 2024 Attorney Excellence Award in Real Estate and Land Development. Recognizing her distinguished legal career, the award was presented to Truss on April 18, 2024, at the Breakers in Spring Lake.

About the Award

The Attorney Excellence Awards, determined by peers in the legal community, are given annually to celebrate an attorney’s success and leadership within their practice area. Award recipients have earned the respect of their colleagues, adhered to the highest standards of professionalism and ethics, and supported the Monmouth Bar Association.

An Impressive Career

A partner at the Firm, Truss devotes her practice to commercial and residential real estate. She handles all facets of real estate law, including commercial and residential title transfers and refinances, commercial leasing, and residential and commercial property management matters. The purchase and sale of small businesses and the general representation of such companies are also a significant part of her practice, including selling, transferring, and using liquor licenses.

Not only a celebrated attorney, Truss also enjoys a legacy of volunteering in the legal community. She is a past president and active member of the Monmouth Bar Association. She is also a past chair and longtime member of the Real Estate and Land Development Committee. Truss is a past chair and lifetime member of the New Jersey State Bar Association’s Real Property, Trust, and Estate Law Section Board of Consultors.

Leigh Oliver Named Justice Daniel J. O’Hern Award Recipient

Ansell Grimm April 17, 2024

Ansell.Law is delighted to announce that Leigh T. Oliver has been named a Justice Daniel J. O’Hern Award recipient for her excellent pro bono work in a parental alienation case. The award will be presented to her on April 18, 2024, at the Breakers in Spring Lake. An associate at the Firm, Leigh concentrates her practice on matrimonial and family law.

About the Award

Justice Daniel J. O’Hern, a New Jersey Supreme Court Justice from 1981-2000, also served as Trustee of the Monmouth County Legal Aid Society. He dedicated much of his life to pro bono work and public service. The Monmouth County Legal Aid Society has honored his memory since 2009 by presenting an annual award in his name to “a lawyer or lawyers who made a significant contribution to the justice system through pro bono efforts on behalf of residents of Monmouth County and who demonstrated professional excellence through their altruistic service to the indigent and the community during their career.”

Reuniting a Father With His Child

The case that caught the attention of the MCLAS concerns a severe case of parental alienation. Leigh was retained in mid-2023 to represent a loving father who has been prevented from having meaningful time with his daughter since separating from his wife several years ago. Kept in the dark about where his daughter attended school, his attempts to speak with or see his daughter were met with silence, sometimes for months at a time. The father was denied alone time with his daughter and could see her only during sparse outings that included his estranged wife.

Unable to afford an attorney, Leigh’s client was afraid to navigate the legal system independently. Upon receiving the pro bono assignment, Leigh initially attempted to negotiate a settlement. The adversary refused to participate in settlement discussions so Leigh filed a complaint for custody and parenting time in New Jersey Superior Court. Two “consent” conferences were held at the court’s behest in September and November 2023. While a permanent resolution was still in progress, Leigh determined where her client’s daughter attended school and established a temporary parenting time agreement. Following recent negotiations, the parties have agreed on the case’s central issue: custody and parenting time.

Through Leigh’s thoughtful and thorough approach to crafting the order, her client had a very successful outcome. In family law, cases often require litigants to return to court multiple times before receiving the desired result. With this settlement, Leigh is hopeful that her client will not have to return to Court to have parenting time with his daughter. The Firm proudly congratulates Leigh for receiving this prestigious award and for providing legal services that helped members of our community.

Ansell.Law Welcomes Gary Eidelstein

Ansell Grimm April 16, 2024

Ansell.Law is pleased to announce that Gary P. Eidelstein has joined the Firm as of counsel. As a Commercial Real Estate Department member, Eidelstein brings decades of deep industry knowledge, having held roles in financial institutions and real estate development in addition to his legal practice.

“Gary has enjoyed a tremendous career devoted to commercial real estate, and we are excited to have him join the Firm,” said Shareholder and Department Co-Chair David Zolotorofe. “We’re thrilled to have Gary, a multi-talented attorney in this industry. His holistic view of commercial real estate – financial, development, and asset value – enhances the value we bring to our clients every day.”

Licensed in Florida, Eidelstein is also adept at navigating New Jersey and New York projects. He brings over fifty years of experience to the Firm.

Recent Decision Finding CTA Unconstitutional Casts Doubt on Its Fate

Ansell Grimm April 10, 2024

By Nicole D. Miller

As we recently discussed in this blog post, homeowner and condominium associations (“Community Associations”), are subject to the detailed and complicated reporting requirements of the federal Corporate Transparency Act (CTA). The compliance deadlines for Community Associations to disclose their “beneficial ownership information” are approaching. However, a March 1 decision by a U.S. district court judge in Alabama, issued just 60 days after the CTA’s effective date, has called into question the ultimate enforceability and constitutionality of the law.

In National Small Business United v. Yellen, Judge Liles C. Burke granted summary judgment in favor of the plaintiffs, finding that “the CTA is unconstitutional because it ‘exceeds the Constitution’s limits on the legislative branch and lacks a sufficient nexus to any enumerated power to be a necessary or proper means of achieving Congress’ policy goals.'”

Critically, the court’s order enjoining enforcement of the CTA applies only to the plaintiffs, including the National Small Business Association (NSBA) and its approximately 60,000 members. While the decision is limited to the plaintiffs in the case, the decision is seen as a positive one from the perspective of Community Associations as it sets groundwork for other courts to follow suit concerning enforceability. Community Associations throughout the country have serious concerns about the intrusive reporting requirements of the CTA given that those who serve on the boards of associations are volunteer homeowners. The extensive and invasive reporting requirements of the CTA are likely to deter participation on Community Association boards. This decision provides some hope to Community Associations that the law will ultimately not be enforceable and/or will be amended as to those required to report.

Unsurprisingly, the U.S. Department of Justice and FinCEN, the government agency tasked with the CTA’s implementation and enforcement, quickly filed a notice of appeal to the U.S. Court of Appeals for the Eleventh Circuit. Whatever the appellate court decides, there is a decent chance that the CTA’s fate will wind up in the hands of the U.S. Supreme Court.

Until then, or there is an amendment to the CTA, Community Associations should presume they will need to report their beneficial ownership information to FinCEN by the dates outlined in our earlier blog post.

For further information and assistance with your Community Association’s CTA compliance, please contact Nicole Miller in Ansell.Law’s Community Association practice group.

2024 Edition of Super Lawyers and Rising Stars Recognizes Ansell.Law Attorneys

Ansell Grimm April 3, 2024

The 2024 New Jersey Super Lawyers and Rising Stars list recognizes nine Ansell Grimm & Aaron attorneys.* Fewer than 5% of New Jersey attorneys are named to the annual Super Lawyers edition. “Rising Stars” are the legal profession’s up-and-coming attorneys, either under age 40 or practicing for ten years or less. These exceptional attorneys comprise fewer than 2.5% of New Jersey lawyers.

The attorneys appearing on the 2024 list of New Jersey Super Lawyers are:

Allison Ansell – Family Law

Mitchell Ansell – Criminal Defense, DUI-DWI, White Collar Crimes

Lawrence Shapiro – Business Litigation

Andrea White – Family Law

Attorneys recognized as 2024 Rising Stars are:

Brian Ashnault – Business Litigation

Anthony D’Artiglio – Business Litigation, Bankruptcy

Layne Feldman – General Litigation

Nicole Miller – General Litigation, Real Estate

Jonathan Sherman – Real Estate

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association.

Federal Judge Grants Petition To Intervene Filed by Ansell.Law on Behalf of Belmar Residents in Verizon Cell Tower Litigation

Ansell Grimm March 27, 2024

In a victory for residents of Belmar, New Jersey, who oppose the placement of cell towers along their seaside boardwalk, a federal judge recently granted a petition to intervene filed by Ansell.Law partner Anthony J. D’Artiglio and associate Layne A. Feldman that will allow them to join a lawsuit filed by Verizon Wireless against Monmouth County.

In this hotly contested and closely watched matter, Ansell.Law represents “Belmar Against 5G Towers,” a coalition of local residents who claim that Verizon’s proposed wireless towers along the borough’s boardwalk would “harm the aesthetic quality of their neighborhood, the local environment and, potentially, their property values,” according to an article about the case in Law360.

Verizon sued Monmouth County and its Board of Commissioners when they rejected its request to build the towers, claiming the denial was not supported by substantial evidence and breached an agreement between Verizon and Monmouth regarding placement of the towers within public right of ways controlled by the County. With the approval of the petition to intervene filed by D’Artiglio and Feldman, Belmar residents can now assert their own arguments and objections alongside those of Monmouth County to challenge the approval process advanced by Verizon.

D’Artiglio’s practice encompasses complex litigation, bankruptcy, controlled substances and regulatory law, and labor and employment. Feldman handles a diverse range of complex commercial and civil litigation matters.

Interdepartmental Teamwork Overcomes Challenge to Client’s Use Variance Approval

Ansell Grimm March 18, 2024

In a client success, shareholder Jennifer Krimko obtained approval for the client to operate a community center and academic tutoring space in Rumson, New Jersey. On the heels of this victory, Litigation Department attorneys Anthony D’Artiglio and Layne Feldman protected that approval following an objecting neighbor’s appeal to the Superior Court. Through an aggressive defense, the approval was upheld, and the objector’s appeal was denied, allowing the clients to continue operating their business serving the local community. Collaboration with the Land Use Department provided nuanced insight into the case and helped secure another victory for the client.

Jennifer co-chairs the Firm’s Land Use Department. She devotes her practice to all areas relating to real estate, representing a wide variety of clients — from individuals to large developers — in all phases of governmental approvals before municipal, county, and state agencies.

Anthony is a partner and litigation team leader in the Firm’s Woodland Park office. His varied practice includes commercial lease disputes, class actions, Consumer Fraud Act claims, corporate/shareholder disputes, employment disputes, secured property actions, and creditors’ rights in bankruptcy matters.

As an associate in the Firm’s Commercial Litigation Department, Layne has a diverse complex commercial and civil litigation practice. She handles commercial lease disputes, Consumer Fraud Act claims, corporate/shareholder disputes, and secured property actions.

Law360 Interviews Judge Joseph Quinn

Ansell Grimm February 21, 2024

In a recent Law360 article, Retired Judge Joseph P. Quinn spoke about his more than 20 years serving as a judge and his deep appreciation for the American justice system. He also discussed the many benefits of alternative dispute resolution, not the least of which is its cost efficiency. Judge Quinn emphasized that successful mediators seek common ground and possess the vital ability to compromise.

Judge Quinn joined Ansell.Law’s Ocean office in early 2024 as counsel, where he will establish and lead the Firm’s mediation practice.

Click here to read the full article (subscription required).

The Honorable Joseph Quinn Joins Ansell.Law

Ansell Grimm January 31, 2024

Ansell.Law is pleased to announce that recently Retired New Jersey Superior Court Judge Joseph P. Quinn, J.S.C., has joined the Ocean office as counsel. Judge Quinn will establish and lead the Firm’s mediation practice.

“Judge Quinn has had a distinguished career on the bench, and we are thrilled to have him join the Firm,” said President and Managing Shareholder Michael V. Benedetto. “At Ansell.Law, while we are always ready for trial, we believe alternate dispute resolution is often in litigants’ best interest. With his vast experience helping litigants resolve matters amicably, we can think of no one better than Judge Quinn to lead the Firm’s efforts in providing mediation services to our colleagues and peers, and their clients. We are equally excited that Judge Quinn has decided to share his tremendous legal knowledge with us and help mentor emerging Firm leaders.”

Judge Quinn served for 23 years as a New Jersey Superior Court Judge. He has served in the Civil, Chancery, and Family Divisions. Judge Quinn presided over and resolved a vast array of cases, including complex business disputes, partnership dissolutions, restrictive covenants, foreclosures, will contests, disputed estate issues, personal injuries, automobile accidents, medical negligence, insurance issues, contract claims, land use matters, and employment disputes. He served for 16 years in the Civil Division, including five years as the Civil Presiding Judge.

Judge Quinn retired in October 2023 as Presiding Judge of the Monmouth County Chancery Division, where he was responsible for all general equity and all contested probate cases.

With his extensive experience, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes.

Recent Success Stories

Ansell Grimm January 17, 2024

Jennifer Krimko Secures Planning Board Approval of Client’s Plan for Monmouth Mall Redevelopment

On December 4, 2023, the Eatontown Planning Board granted preliminary and final site plan approval to Krimko’s client, Eatontown Monmouth Mall, LLC (Kushner Companies), paving the way for the redevelopment of the existing 1.5 million square foot Monmouth Mall in Eatontown. The proposed development, to be known as Monmouth Square, will consist of approximately one million square feet of commercial space along with 1,000 luxury apartments with a clubhouse and amenities for the residents, public open space, and related site improvements. Monmouth Square will be a pedestrian-friendly, true town center environment where people can live, dine, and shop all on one property.

Jason Klein Closes Financing and Acquisition of Over 75 Global Quick Service Restaurant Stores

In December, Ansell Grimm & Aaron’s Jason Klein consummated two major asset transactions on behalf of two separate purchasers of over 75 quick-serve restaurants. The purchasers are franchisees of a global quick-service restaurant behemoth.

In one transaction involving the acquisition of over 50 stores and three separate parcels of real estate, Klein spearheaded the negotiation of the purchase and sale agreements for both the assets and real property, the acquisition of the assets and the properties, and the loan transactions. In the other transaction, Klein’s efforts and direction resulted in his client’s successful acquisition of over 20 stores and the acquisition of one parcel of real property.

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