2011 December MCBA Newsletter - final
Transcription
2011 December MCBA Newsletter - final
M e r c e r December 2011 C o u n t y A Publication of the Mercer County Bar Association Volume 30, Issue 6 Inside This Issue From the President’s MCBA President-Elect Profile ……..3 Desk… Family Bench Bar Update …………..4 It’s hard to believe that I’m writing my last President’s Column! It has been an honor and a privilege to have served as president of the Mercer County Bar Association in 2011. The fact that it is Thanksgiving week is appropriate as I reflect on what this past year has given me. Probably most significantly, it has renewed my respect and appreciation for my colleagues and for the importance of the roles we play as officers of the Court. I have had the privilege of participating in a number of ceremonies that gave me the opportunity to interact with non-lawyers and to observe the impression we make as human beings, as lawyers, and as representatives of the judicial branch of our government. I’ve seen the thrills and laughter of young kids enjoying the picnic the bar association hosted for them in July. I’ve listened to teenagers tell me their impressions of the law in our society and share their hopes and dreams for the future as part of our Law Day presentations. I’ve attended swearing-in ceremonies for new judges where I’ve seen people of all ages express their appreciation for our Courts. I’ve accepted the thanks of pro bono clients who have benefitted from our volunteer lawyer services and from the friends and family of deceased members of our bar association who we honor and remember at our opening ceremonies. Lawyers Basketball League ………..5 November General Membership Meeting & Beefsteak Dinner ………..6 The Legal Implications of Social Media ……………………………………8 Condominium Crisis ………………..11 MCBA Xtreme CLE ………………….12 Tidbits …………………………………14 NJSBA President Statement ……...16 Love in a Virtual World …………….17 Calendar ……………………………...21 New Members ………………………..22 HELP US keep our mailing list upto-date. Call the Mercer County Bar Association at 609-585-6200 or send a message via e-mail to cbrennan@mercerbar.com with any change in name or address. My experiences of this past year have strengthened my belief in the importance of giving back. Stephanie Jonaitis received our Young Lawyer of the Year award at our November general membership meeting held at the Firkin Tavern. Her acceptance speech centered on what giving back has meant to her. She expressed that her be- A Publication of the Mercer County Bar Association Christine M. Gravelle lief in the importance of community service and generosity of time began as it probably did with Stephanie: as a child following the example set by her parents. Stephanie was raised with the notion that we all have something to give and that community involvement and giving back should be a natural part of a wellrounded person. Stephanie and her husband Dan are expecting their first child in February and hope to convey to him or her the rewards of integrating service to others in their lives. As lawyers, we are in unique positions to give back. We can encourage and support young attorneys to do the same. In 2011, the bar association, with Pat Budd, Angelo Stio, and Bob Lytle, as cochairs of our Volunteer Lawyer Project (VLP), has made a concerted effort to expand our volunteer program to insure equal access to justice for all. The first, newly graduated attorney-volunteers continue to accept cases from Mercer County Legal Services with help from the association. You’ll see their picture in this issue. We have developed more volunteer opportunities for our members and encourage you to make yourself available to mentor a new volunteer lawyer, or take a case from Mercer County Legal Services. Page 2 December 2011 A Publication of the Mercer County Bar Association M e r c e r December 2011 Officers Christine M. Gravelle President C o u n t y Volume 30, Issue 6 609-896-2660 Nick C. Travisano President-Elect 609-588-9900 Samuel M. Gaylord Vice President 609-771-8614 Dorothy E. Bolinsky Treasurer 609-716-6500 Michelle S. Gasparian Secretary 609-989-6350 Trustees 2011 Margaret A. Chipowsky James L. Creegan Peter F. Kelly Raymond C. Staub Angelo A. Stio III 609-896-2404 609-896-9060 609-896-3600 609-585-2443 609-452-0808 2012 Colleen M. Crocker Robert E. Lytle Roger S. Mitchell Angelo J. Onofrio Jennifer D. Zoschak 609-890-0050 609-275-0400 609-397-5554 609-989-6350 609-884-0488 2013 Robert F. Casey Brian J. Duff Stacy M. Geurds Michael Kahme Tanya L. Phillips 609-896-2000 609-585-2443 609-989-6350 609-924-0808 609-896-2222 Michael R. Paglione Immediate Past President 609-275-0400 Jeffrey S. Posta, Esq. NJSBA Representative 609-896-9060 MCBA Office 609-585-6200 The MERCER COUNTY LAWYER is published six times per year; February, April, June, August, October, and December. Advertisements appearing in the MERCER COUNTY LAWYER are the viewpoints of the contributors and are not necessarily endorsed by the Mercer County Bar Association or its members. The MCBA does not vouch for the accuracy of any legal analysis, citations, or opinions expressed in any articles contained herein. Individuals who are interested in joining the Association, placing advertising, or contributing articles should contact the Bar Association office at 609-585-6200, fax 609-585-5537 or e-mail cbrennan@mercerbar.com. The newsletter deadline is the last Friday of the month preceding the publication month. The tremendous support and encouragement I received from my fellow officers and trustees and from Chrissy Brennan and her staff, made my job an easy task. All year, I drew confidence from knowing that I could call on anyone of them at any time and get the help or advice I needed. Their enthusiasm and hard work has been invaluable and I thank them for it. tion about their cases and allow the public to gain access to sources of representation. Our October Xtreme CLE event took hours of careful planning but was well worth the effort. Thanks to our staff and CLE co-chairs, Brian Duff, Margaret Chipowsky, and Roger Mitchell, many of our members were able to fill their CLE requirements at the one-day event. A special thank you to the folks who preNick Travisano will be sworn in as our sented the seminars. We covered a new president in January at the Stone Terrace in Hamilton. The association is wide variety of subject areas and have in good hands with Nick who has given gotten lots of positive feedback on the materials. If you would like to see a us many hours of his time and is dedicertain area addressed through CLE, or cated to proving our services to members. Be sure to sign up for the installa- if you would like to teach a seminar in tion dinner scheduled for January 26th. your practice area, please contact the Sam Gaylord, Dottie Bolinsky, Michelle bar association. Gasparian, and Colleen Crocker will Thanks to Jackie Ruocco and Patrick take their oaths as officers for 2012. I Carrig, co-chairs of our Young Lawyers wish them well. Committee, for organizing the beefsteak This year has also seen lots of new ad- dinner at the Firkin for our November Membership meeting. Guest bartendditions thanks to the hard work of Chrissy Brennan and the trustees. I’m ers, Nick Travisano, Dottie Bolinsky, Sam Gaylord, Brian Duff, and I, did a proud of our association’s response to the new mandatory CLE requirements. good job of thirst quenching. One Simple Wish, the 2011 charity chosen by If you haven’t already done so, please the Young Lawyers, raised over check out our new interactive website. $700.00 at the event and couldn’t have You can access webinars to fill your CLE credit requirements from the web- been more pleased. site and can register for bar association The holidays are just around the corner events and seminars as well. The bar association will maintain your credits on and if I missed you at the Holiday Party file. Plans are in the works to develop a on December 7th, I wish you and your site for our Lawyer Referral Service that families a safe, healthy and prosperous will allow members to access informaNew Year. VLP Co-Chairs and apprentice attorneys: Pat Budd, Angelo Stio, III, Elizabeth Scannella, Lauren Angelis, Corryn Kronnagle, Christine Gravelle and Robert Lytle A Publication of the Mercer County Bar Association Page 3 December 2011 Getting to know the 2012 President Nick Travisano Nick C. Travisano is a solo practitioner on Quakerbridge Road in Hamilton Township. He has spent his entire career defending individuals charged with criminal indictable and Municipal Court matters ranging from homicide down to petty disorderly persons offenses. He also defends DWI’s and motor vehicle matters of consequence. Nick enjoys a busy matrimonial practice State wide, and deals with domestic violence matters and restraining order hearings on behalf of plaintiffs and defendants (although not at the same time). Our president-elect is a graduate of Villanova University where he earned a BA totally devoid of honors. He is also a proud graduate of the Delaware School of Law (now Widener) although is still on the wait-list for Villanova Law. Nick has served on the board of trustees of the Mercer County Bar Association for several years and has chaired the “Hey I’m 18” committee. This program focuses on the rights and responsibilities of turning 18 in the State of New Jersey and allows Nick the opportunity to present his unique, educational style to high school seniors county wide. A life-long resident of New Jersey, Nick escaped to Bucks County after marrying his lovely, patient wife Gina in 1994. He now basks in the glow of suburban life with Gina and his two sons, hoping that somehow they will some day avoid criminal records. Nick is an avid motorcyclist and is a charter member of the Yardley “heck’s angels”, which is far less violent than the more famous motorcycle club. Upcoming Bench Bar Meeting All Attorneys are Invited to Attend Bench Bar Meetings Family Bench Bar Meeting January 19, 2012 Judge Fitzpatrick’s Courtroom; 3:30 p.m. Municipal Bench Bar Meeting February 16, 2012 Judge Haley’ s Courtroom; Ewing Municipal Courthouse; 3:30 p.m. A Publication of the Mercer County Bar Association Page 4 December 2011 Family Bench Bar Update Jennifer Zoschak, Esq. Judge Fitzpatrick and Judge DeBello opened the October Family Bench Bar Meeting by expressing their appreciation to the ESP Panelists and Post ESP Mediators for their tremendous efforts in helping to resolve matrimonial cases. Dee Tatum has sent the updated list of panelists for 2012. Please confirm with your panelists before sending out your memos as panelists often change. Judge Fitzpatrick asked attorneys to report if domestic violence complainants who go to their local police on the weekends are being advised by their municipalities to wait until Monday and to enter their complaints at Superior Court. Proper procedure mandates that complaints filed on the weekends or after 3:00 p.m. should be processed by the Municipal Court with assistance of the local police, but some municipalities are discouraging litigants from filing and sending them to the Courthouse during business hours instead. The Safe House/Hospital to Court Domestic Violence Safety Assistance Programs are now in effect whereby workers at hospitals and safe-houses, such as Women’s Space, are trained to assist victims in obtaining Temporary Restraining Orders. This program is designed to provide information, support and guidance through the process and allows victims to obtain TROs via telephone/closed circuit video conferencing. Judge Fitzpatrick reminded the bar that Complaints which are not timely served will be dismissed and reminded attorneys to file the Affidavit of Service to keep a case active. If a litigant is avoiding service, or cannot be found, details of a diligent inquiry must be included in the Motion to Serve by Publication. Such relief is intended only for extreme cases. The Court reminded those present that each Court’s staff can only be responsible for its own chambers and that staff is doing its best to return calls, however messages should only be left for the specific staff of each chambers. The Court also advised that forms are available for requests to appear by telephone. The Family Section sponsored a seminar for Xtreme CLE entitled “Immigration and Family Law” with guest speakers Derek DeCosmo, Esquire and Judge Catherine Fitzpatrick. The seminar, which explored the contemporary issues of domestic violence among non-citizens, residency and immigration/citizenship issues in divorce cases, was well attended and received positive feedback. Our first Family Bench Bar Meeting of the new year will be on January 19, 2012. A Publication of the Mercer County Bar Association Page 5 December 2011 2011—2012 Season Schedule Ewing Township Recreation Department Mercer County Lawyers’ League 2011-2012 Season League play is the “JCC” gym on Monday nights, Ewing Township Senior & Recreation Center, 999 Lower Ferry Road, Ewing, N.J. All games Monday nights: 7:00 & 8:00 PM 1. 2. 3. 4. Old Guys (Red) Mixed Bag (White) Pamela’s Boobs (Yellow) Markowitz Gravelle (Black) Date Time Home vs. Away 12/19 7:00 PM 8:00 PM 12/26 No Games! 1/2 Happy Holidays! 1/9 7:00 PM 8:00 PM 1 vs. 3 2 vs. 1/16 7:00 PM 8:00 PM 1 vs. 2 3 vs. 4 1/23 7:00 PM 8:00 PM 2 vs. 3 1 vs. 4 1/30 7:00 PM 8:00 PM 1 vs. 3 2 vs. 4 2/6 7:00 PM 8:00 PM 1 vs. 2 3 vs. 4 2/13 7:00 PM 8:00 PM 3 vs. 2 1 vs. 4 2/20 7:00 PM 8:00 PM 1 vs. 3 2 vs. 4 2/27 7:00 PM 8:00 PM 1 vs. 2 3 vs. 4 3/5 7:00 PM 8:00 PM 3 vs. 2 1 vs. 4 2 vs. 3 1 vs. 4 Judges, Lawyers, Law Clerks & Law Students Only League Commissioner: Allen I. Gorski (609) 890-1500 ext 309 (work) agorski@teichgroh.com 7:00 PM 8:00 PM Playoffs 3/12 1st vs. 4th 2nd vs. 3rd Ewing Recreation Dept/: Ted Forst (609) 883-1776 ext 6203 tforst@ewingnj.org 7:00 PM 1st/4th vs. 2nd/3rd A Publication of the Mercer County Bar Association Finals 3/19 Page 6 December 2011 MCBA General Membership Meeting “Beefsteak & Guest Bartender Event” November 9, 2011 A Publication of the Mercer County Bar Association Page 7 December 2011 Thank you YLC Co-Chair Jacki Ruocco, MCBA President Chris Gravelle and YLC Co-Chair Pat Carrigg present One Simple Wish Founder Danielle Gletow with the Young Lawyers annual donation. Contributions to the Wish Garden at The Beefsteak Dinner helped generate over $700 for One Simple Wish, the YLC’s 2011 charity. The evening honored the 2011 Young Lawyer of the Year recipient, Stephanie Jonaitis (center) seen here with Dan Jonaitis (left) and Chris Gravelle (right). A Publication of the Mercer County Bar Association One Simple Wish would like to sincerely thank the members of the Mercer County Young Lawyers Committee for choosing us to be their charity this year and for your incredible, overwhelming support. Because of your generosity, we will be able to grant at least 40 more wishes to the foster children and vulnerable families we serve. We believe our program is so important because we allow those in need to make special, personal requests and, in turn, allow our wonderful donors, like you, to decide exactly where their hard-earned money is going. To date we are proud to have granted nearly 1900 wishes in under 3 years! This year One Simple Wish is launching a very exciting program called Wish To Work that aims to provide professional development training, internships and job skill building to young people aging out of or that have already aged out of the foster care system. Young people who age out traditionally face incredibly bleak futures that often include homelessness, extreme poverty, drug abuse, incarceration and teen pregnancy. We believe our program will help break this cycle and prepare these young people for professional careers that will allow them to become successful, productive adults. We would love to have the support of the members of the Mercer County Bar Association and are asking anyone who is interested in mentoring, sponsoring or volunteering for this program to please contact me, Danielle Gletow, at danielle@onesimplewish.org. Thank you again from the very bottom of my heart. As a foster/adoptive parent this organization is not a job to me - it is truly a mission and I feel incredibly blessed to be able to live my dream, making the wishes of those in need come true. And I couldn't do it without you. -Danielle Gletow Page 8 December 2011 The Legal Implications of Social Media Richard A. Catalina, Esq. [Note: Welcome to this series on the legal implications of Social Media. This journey will explore the history and nature of Social Media and various, timely topics such as intellectual property, privacy, security, do’s and don’ts, and what every lawyer needs to know about this new frontier.] Part 1 Social Media. Web 2.0 is alive and well, thank you, and changing the way we communicate, socialize, work and play. Welcome to life after the first decade following the dawn of the “new millennium,” which itself seems like only yesterday. Background / Initial Commentary “Moore’s Law,” named after Intel cofounder Gordon E. Moore, who first articulated his theory in a 1965 paper, describes a long-term trend in the history of computing hardware: the number of transistors that can be placed inexpensively on an integrated circuit doubles approximately every two years. The trend has proved amazingly accurate, although in the past few years it appears to have slowed a bit – perhaps doubling every three years instead of two. A consequential axiom of Moore’s Law is that computing power, in particular, and technology, as a whole, will also double approximately every two years. In other words, the pace of technology is not steady; it is exponential. Under Moore’s Law, in 20 years computing power doesn’t increase twenty-fold; it increases one thousand-fold! As a result, and extended to the Internet, our present ability to engage and inter- act is far beyond what we may have imagined 10, 15 or 20 years ago. Billions of people around the world are now interconnected, creating, sharing. The boundaries between “realities” are blurred. Cisco wasn’t kidding in its television commercials, when it prophetically claimed, “Welcome to the human network.” And so, the law seeks to catch up, and Social Media is the latest frontier. This series will examine the many facets of legal issues arising within the advancing world of Social Media. Social Media Defined Ask 100 individuals to define “social media” and you will likely receive 100 varied answers. Some may have no idea. Others may convey a technological-based understanding. Still others may relate to it as a simple social communication means. Corporate types may describe it as a marketing or PR tool. Despite the varied responses, the fact is that Social Media is many things to many people. It is that diverse. Social Media is not just Facebook, Farmville and Mafia Wars. These days, Social Media is found anywhere there is connectivity. It is ubiquitous, pervasive and encompassing – and “mashable,” too. According to Wikipedia, itself a shining example of Web 2.0, the term Social Media “refers to the use of web-based and mobile technologies to turn communication into an interactive dialogue. Andreas Kaplan and Michael Haenlein define social media as ‘a group of Internet-based applications that build on the ideological and technological foundations of Web 2.0, and that allow the creation and exchange of usergenerated content.’” Whether through computers, pads or mobile devices (e.g., smart phones), Social Media is “media for social interaction, as a superset beyond social communication.” In the early days of the Internet, users sat at a computer and “surfed” web sites, gathering information from the Internet. It was essentially a one-way communication. With the advent of Web 2.0 technologies, however, the user no longer just gathers; the user contributes and shares. The user is now part of the Internet. What was once a one-way street, has become a two-way street, which has further morphed into a crossnetwork among all connected users. This is the essence of Web 2.0: users are the Internet. Of course, there are large gathering spots that facilitate this sharing. They go by such names as Facebook, LinkedIn, MySpace, Digg, Twitter, YouTube, Flickr, and the like. But, as Carl Sagan would comment, “there are billions, and billions, and billions . . .” You get the point. Social Media is everywhere. Such as? Well, wherever you – as the user – can share content, and thus, participate and contribute to this grand experiment. Corporate web sites, e-commerce sites, blogs, news sites, dating sites, sites devoted to the most obscure of hobbies (and worse). How about a Cuban cigar smoker’s community? It’s there. You name it – this is all part of Social Media. A Publication of the Mercer County Bar Association Page 9 December 2011 Under Moore’s Law, technology increases at an exponential rate – more or less. Law, on the other hand, tends to evolve considerably slower and would always prefer to apply a known, established solution to a novel problem, even if the solution is not a proper fit. Given the meteoric rise in Social Media, numerous legal issues have surfaced, in as varied circumstances as life itself – for, after all, Social Media is nothing but a mere digital reflection of reality. If it can happen in “reality,” it can happen in cyberspace, particularly since with Social Media, the lines between are less defined. Bullying a fellow class mate on Facebook is no different than bullying in school. Posting an inappropriate or indecent picture of a co-worker on Flickr is the same as passing it around the office. Using copyrighted photographs on a blog is no different than publishing that same material in a printed newspaper advertisement. Let’s examine some of the more noteworthy legal issues arising in Social Media. Intellectual Property As an attorney whose practice focuses primarily in the intellectual property, Internet and technology law arena, an examination of Intellectual Property issues was probably my obvious (and logical) choice to start this analysis. However, despite my personal bias, IP-based issues probably arise more frequently than any other “category” – because Social Media is based on user contribution and sharing – and so, consideration of IP matters is a well deserved starting point. Copyright Copyright issues abound on the Internet, with Social Media a powerful magnetic force. While a full legal analysis of Copyright Law is beyond the scope of this article – despite its multi-part format – it is worth noting a few basics. First, Copyright Law applies to creative works and the legal protections of the law attach at the moment that the creative work is fixed in a medium by the creator. The Copyright is owned by the creator, such as the author, painter, photographer, musician, or software engineer writing the code. Copyright Law applies to jewelry designs and broadcasts of NFL games. Under Section 106 of the Copyright statute, the holder of the Copyright is afforded the exclusive right to make copies, derivative works or perform the work (and more). Anyone else seeking such rights must obtain the permission of the Copyright holder; to otherwise engage in such activities without permission, authorization or license from the holder is infringement of the Copyright. The following is a compilation, derived from numerous sources, of what I believe may be the Top Copyright Myths: In many cases, the creator of the work is obligated to assign the work to a third party, such as the creator’s employer or where a contract expressly provides that the party paying for the work will own the Copyright. In those cases, the third party is the Copyright holder. it is ‘fair use’ and thus not a violation of copyright,” OR “Fair use will protect me.” The law, however, does provide limited exceptions to Copyright protection, the most noteworthy of which is the Fair Use doctrine. If you meet the specific requirements of Section 107 of the Copyright statute, you may engage – in limited fashion – in some of the rights held by the Copyright holder. The Internet abounds with many “Copyright myths,” and the likely source is ignorance of the Fair Use doctrine and what it actually allows (and doesn’t allow). These “Copyright myths” are especially pervasive when it comes to Social Media. A Publication of the Mercer County Bar Association “If it doesn’t have a copyright notice, it’s not copyrighted,” OR “If a work does not have the © or say ‘copyright,’ it is in the public domain and can be freely copied and distributed.” “It is legal to copy a work as long as I give the author full credit.” “Anything on the Internet is in the public domain,” OR “If a work is on the Internet, it is in the public domain and can be freely copied and distributed.” “If I don’t charge for the work, it’s not a copyright violation.” “Unless I copy the whole work, “I may use characters from other writers as long as my story is original.” “Anything mailed or e-mailed to me becomes my property,” OR “You can mail yourself a copy of your work to protect it.” “I hired a web site designer to develop my web site and I own the copyright to my web site.” The worst of the above myths is the belief that simply because a work is on the Internet, it is in the public domain, and thus, not Copyright protected. The rationale for that mistaken belief is even more glaring: “It must be in the public domain, since all I need to do is ‘right click’ and ‘save’ and I have in my computer an exact digital re- Page 10 December 2011 Legal Implications Cont. production of what appears on my monitor.” Of course, this is not true. Yes, the user saved an exact digital copy of the work. That, however, does not mean that the file (work) is in the public domain. Any and every thing on the Internet should be assumed to be Copyright protected and should not be used – unless permission is given or acquired. The DMCA Enter the Digital Millennium Copyright Act of 2003, otherwise known as the DMCA. The DMCA is a powerful Copyright “multi-tool” that has been embraced by Social Media web sites and Copyright holders alike. While the DMCA was enacted in 2003 to protect digital implementations of Copyright works on the Internet, few probably realized at that time the important role the DMCA would play in Social Media many years after its passage – long before Facebook, YouTube and their ilk. Time to end – for now. In the next installment of this series, we will discuss implementation of the DMCA, additional IP issues and data security and privacy issues. 1. As an example, an Intel 32-bit, single core 80386 CPU – typical for 1990 – operated at 33 MHz and incorporated 275,000 transistors. Intel’s quad-core Itanium Tukwila architecture, introduced in 2010, operates at clock speeds of 3.2 GHz (per core) and incorporates 2,000,000,000 transistors. A Publication of the Mercer County Bar Association December 2011 Page 11 Condominuim Crisis Irene S. Clopton, Esq. There have been plenty of challenges for real estate professionals over the last few years, with falling home prices and rising foreclosures. Unfortunately, those challenges may prove even more daunting as it becomes apparent that condominium associations, which comprise a large percentage of all residential housing statewide, prove to be increasingly difficult to sell to even the most qualified buyers.(1) For decades, condominiums were a preferred form of home ownership by many local municipalities because condominiums could regard themselves as separate communities, relieving local government from obligations of garbage collection, snow removal and road maintenance. Developers found that in exchange for relieving municipalities of the costs of road maintenance, their plans were far more likely to be approved. The condominium model was employed not only for the traditional apartment style living, but has become over the years the predominant form of ownership for town home developments as well as many single family homes, particularly in over 55 developments. While all homeowners throughout the state have been impacted by the economy, as the effects of the severe recession continue, condominium communities throughout the state find themselves with rising delinquency rates and depleting reserves. According to recent statistics from the Community Associations Institute, prior to the economic downturn homeowner associations would typically have 2-5 percent of their residents delinquent in paying their mainte- nance fees. In the past few years, the non-payment rates for some developments have increased to 30% or more.(2) Presently, Federal Housing Administration (FHA) certification for most condominium associations has either been revoked or is set to expire by years end. All of the condominium associations will need to ultimately be recertified by FHA, which has recognized over the last few years the instability of condo developments and the need to re-verify all of their financial information. Many of the condominium associations stand no chance of obtaining re- certification by FHA, which requires them to verify among other conditions their budgets, payment histories and whether there is any pending litigation. However, the biggest concern is that irrespective of whether a borrower is seeking FHA or conventional mortgage financing most lenders will not approve a loan where more than 15 percent of homeowners are 30 or more days in arrears. While there are some limited circumstances where a borrower may still be able to qualify for financing where there is a substantial down payment, there can be no reasonable assurance of the likelihood of obtaining a mortgage commitment until the lender receives a completed "condo questionnaire" from the association. The condo questionnaire for even conventional financing requires the association to disclose a long list of information, including the delinquency rate, the owner/investor ratio, and whether there is any pending litigation involving the homeowner's association. For instance, some associations are still experiencing fall out from the record snow fall last year, because its unit owners can neither refinance their units nor sell them due to a number of slip and fall cases brought against the association. With many unit owners failing to pay association fees, the responsibility for sustaining their condominium community falls on the remaining homeowners. As a result, condo associations are raising fees, which results in more and more homeowners being unable to pay their fair share. With rising foreclosures and short sales, the Associations are often forced to compromise outstanding arrearages upon resale. With financing options dwindling, cash buyers may be the only option for resale of these units in a number of developments. However, many of the cash buyers are purchasing these units as rentals, which impacts the investor/ homeowner ratios, providing yet another reason for most lenders to deny financing (ratio of investors to owners cannot exceed 50%). The statutory authority for the creation and operation of condominium associations is the Planned Real Estate Development Full Disclosure Act (PREDFDA). (3) Condominium Associations are further subject to the provisions of the Condominium Act. (4) Although PREDFDA essentially establishes the "basic" framework for the creation of a homeowner association by requiring associations to "disclose" via the Public Offering Statement (POS) how the association will be governed, which fees and (Article continues on page 19) A Publication of the Mercer County Bar Association Page 12 December 2011 2011 MCBA Xtreme CLE October 26, 2011 Hon. Neil Shuster (ret) and Bruce Shore John Hartmann, Jim Scott and Heather Hadley A Special Thank You Denise Mariani, Arthur Sypek, Jr. and Hon. Maria Sypek (ret) Richard Catalina and Gary Backinoff Xtreme CLE would not be possible without our gifted presenters and attentive students. We would like to extend a special thank you to our flash drive sponsor, Guy J. Renzi & Associates, our beverage sponsor, Surety Title Company LLC and our table sponsors Fleischer Forensics, Borden Perlman, and Petrone Associates Inc. Lawson McElroy and Bob Yostembski A Publication of the Mercer County Bar Association Page 13 December 2011 One Day - One Place - One Year of Credits Andrew Wolf, Martin Sissleman and CLE Co-Chair Roger Mitchell Our Flash Drive Sponsor: Mark Renzi and staff from Guy J. Renzi & Associates Edward Bergman, Hon. Neil Shuster and Bruce Sattin Beverage Sponsor J.P. Ryan from Surety Title with CLE Co-Chair Brian Duff Katie Magee, Nick Travisano and Michelle Gasparian Lenore Hannah, Hon. Charles Ouslander and Hon. Paul T. Koenig (ret) A Publication of the Mercer County Bar Association Page 14 December 2011 Tidbits Stark & Stark is pleased to announce that Jennifer D. Gould has joined the firm as a Shareholder in the Bankruptcy & Creditor's Rights Group. Ms. Gould represents secured and unsecured lenders, equipment leasing companies, other financial institutions and businesses in state, federal and bankruptcy courts and has significant experience with workouts and restructurings in addition to litigation matters including commercial and residential foreclosures, replevin actions, contract disputes and brokerage commission disputes. Ms. Gould has served as portfolio manager for multiple equipment leasing companies for all of their litigation matters throughout the country. The addition of Ms. Gould will bolster the firm's already dynamic Bankruptcy & Creditor's Rights Group and her 14 years of experience will help Stark & Stark continue to provide our financial industry clients with the highest quality legal service. Volpe and Koenig, P.C., announced that Marina Sigareva, Ph.D., has joined the Firm as an Associate in its Princeton office. Sigareva counsels clients in the preparation and prosecution of patent applications specializing in the areas of biotechnology, molecular biology and pharmaceuticals. Prior to joining Volpe and Koenig, Marina served as a Patent Attorney for KeyGene N.V., the Dutch Agricultural Biotech company, and Lawson & Weitzen, LLP as well as an IP Consultant for start-up companies in the modification of plants. She has coauthored numerous scientific publications and is a co-inventor on several patent applications. Sigareva is admitted to practice before the U.S. Patent and Trademark Office and is a member of the Massachusetts Bar. She earned her J.D. cum laude from Suffolk University Law School, a Ph.D. and M.S. in Genetics from the Institute of Cell Biology & Genetic Engineering, and an M.S. in Genetics and Molecular Biology, Kiev State University. The Mercer Regional Chamber of Commerce welcomed incoming Chair- “We strongly value the leadership and dedication of our Chairmen as well as our entire Board of Directors. The Mercer Chamber is truly fortunate to have such a highly respected team of business leaders and industry pioneers serving on our board” stated Robert D. Prunetti, President and CEO of the Mercer Regional Chamber of Commerce. “It was a tremendous honor to be welcomed by the business community. I look forward to working closely with Bob as we take the chamber to the next level for our members and community” stated Michael A. Cano after officially being welcomed as Chairman of the Mercer Regional Chamber of Commerce. man, Michael A. Cano at its recent “Changing of the Guard” traditional ceremony. Robert D. Prunetti, President and CEO of the Mercer Regional Chamber of Commerce thanked Sherise D. Ritter, Principal of Mercadien, P.C., CPA’S , for her outstanding service and guidance for the past two years and introduced Michael A. Cano, Owner of Cano Wealth Strategies, LLC as the new Chairman of the Board. Christine Bator and Rutgers Law Students recently toured a New Jersey Nuclear Plant as part of the Environmental Law course. MCBA Lawyer Referral Service MCBA Lawyer Referral Service– needs attorneys who focus on any of the following categories: Mortgage Modifications, Banking, Small Claims, or Special Civil Part. We are also seeking Spanish speaking attorneys in all practice areas. Interested attorneys can receive more information about the Lawyer Referral Service by calling the MCBA office at 609-585-6200. A Publication of the Mercer County Bar Association Page 15 December 2011 Statement from New Jersey State Bar Association President Susan A. Feeney: Gov. Chris Christie's comments today are yet another attempt to intimidate the courts and unduly influence the judicial process. Further, his personal criticism of Mercer County Assignment Judge Linda Feinberg is unwarranted and irresponsible. Judge Feinberg has a sterling record for integrity as one of the most respected members of the New Jersey bench, as well as a long, distinguished career as a public official. While the Governor would have the public believe she made an arbitrary, self-interested decision, that is not the case. Her opinion in favor of Judge DePascale is based on a comprehensive legal analysis of the issues raised by both parties in the case. Judge Feinberg did exactly what a judge is supposed to do: she applied the law – without concern for political retribution or the “pocketbook” interests of herself and her colleagues. The Governor’s continued attack on the Judiciary denigrates the separation of powers and the independence of the Judiciary as a separate branch of government. It is a blatant attempt to mislead the public and influence the judicial process and Supreme Court. As a lawyer, he should know better." A Publication of the Mercer County Bar Association Page 16 December 2011 ADVERTISING in the Mercer County Lawyer BRINGS RESULTS! If you have anything to sell, rent, or lease, let the MCL spread the word. Call 609-585-6200 for rate information. Discount rates for members. FLORIDA LEGAL SERVICES OR ASSISTANCE – Florida probate, trust, estate administration, real property and domicile assistance. Call T. Robert Zochowski, Esq., LLM (Tax) (member Florida and New Jersey Bar), 1001 North US 1, Suite 400, Jupiter, Florida. Call (609) 7992111, (561) 744-1175 or email trzsec@bellsouth.net. HAMILTON LAW OFFICE— Center City Office Park. Share 1,400 sq. ft. with windows. Reasonable Rental. 609585-5151. PRINCETON PARK CORPORATE CENTER OFFICE TO SHARE: Office space to sublet for law office, off Route 1. Shared Library/Conference Room/fax/copier INDIVIDUAL OFFICES FOR RENT, PENNINGTON, available. $650/mo. Referrals possible. Call Marty Indik NJ –Prime Location – corner of Rt. 31 and Delaware (609) 252-9700 Ave., above Wachovia Bank. Plenty of parking. 5 minutes to 295 and 95. Shared Conference Room and RecepEXPERIENCED FAMILY LAW ATTORNEY seektion. Can rent up to 5 offices. Has storage in baseing per diem research , writing, document review or other ment. $650/mo. 609-452-7100 or gcl@lancianolaw.com work. Negotiable rate. Deb Horowitz 908-872-2532. djlehman23@hotmail.com. LEGAL/PROFESSIONAL OFFICES FOR RENT, TRENTON, NJ – Directly across from new courthouse. 2600 sq. ft. Can divide into 2 offices. $1,900 ea side with LITIGATION ATTORNEY - Medium-size Insurance Defense firm in Mercer County seeks motivated NJ /PA parking. 609-452-7100 or gcl@lancianolaw.com admitted attorney with 0-3 years litigation experience, strong research and writing skills required. Please email resume and salary requirement in confidence to: resources37@gmail.com MCBA MAILING LABELS AVAILABLE Announce your news about new associates, promotions, partnerships and other items by direct mailing to Mercer County Bar Association members. MCBA members receive a discount on the purchase of our mailing list and mailing labels. Call today for complete details 609- 585-6200. Wanted: Writers Mercer County Bar Association members are encouraged to submit articles for possible publication in the Mercer County Lawyer newsletter. Submissions via email are preferred. Send your item to cbrennan@mercerbar.com or mail your item to the Mercer County Lawyer, 1245 Whitehorse Mercerville Rd, Ste 420, Hamilton, NJ 08619 or fax to 609-5855537. The deadline for submissions is the last Friday of each month prior to the month of publication. A Publication of the Mercer County Bar Association Page 17 December 2011 Love in a Virtual World (Without Infringement) Cathryn A. Mitchell, Esq. Intellectual Property and the (mis)adventures of online dating It is a cliché, in 2011, to suggest that the Internet is transforming the way people communicate. The transformation has been occurring for years, and it is not safe to say that we are— for better or worse—transformed. Countless articles have been written about commercial websites, social networking and all of the legal issues that they generate, which, lucky for us lawyers, are many. So I am interested in looking at a different form of social media: online dating. ing partner (who often arrives in the office by 6:45 after his power walk and protein shake), and billing 3,000 hours per year to insure that her job as a 12th-year associate making $50,000 per year is not given to one of the thousands of former law firm partners with 20-plus years of experience recently “downsized” in the “downturn,” Minnie has very little free time. She does not even feel she can step out of the office a few evenings a week to sit provocatively on a local bar stool to at least connect with a First, let me say that my interest in Mr. Right Now, who might tide her online dating is purely academic and over until she has the ability to better for educational purposes only. focus her energies on securing a suitable life partner for the long term. Let’s begin with a few statistics. Online Dating Magazine estimated One night after returning home from this year that there will be 280,000 work at the usual midnight, she marriages per year as a direct result turned on the television and saw a of people meeting via an online dat- commercial that caught her attention. ing service. There are online dating It showed a couple that met on the sites for everyone—over 40, under dating site “loveforever.com” holding 40, Jewish, Asian, Christian, gay, hands and blowing kisses at each interracial, bisexual—you name it. other. Minnie was intrigued. The ad said that for only pennies per day But these websites are not just chock she could meet the man of her full of photographs of shirtless men dreams. (not that I would know) and descriptions about people’s favorite books Minnie dashed over to the computer and life passions. They are, believe it and logged on to the site. She filled or not, a hotbed of intellectual prop- out the questionnaire, which asked erty issues as well. her about her height and weight and bust size; and whether she cared if Let us start with a completely ficher beau-to-be had any hair left and tional hypothetical (any resemblance if he smoked and drank excessively. to actual persons or events is purely She filled in the blanks about her coincidental) for illustrative purposes favorite movies and how much she only. liked kayaking and scuba diving and anything else she thought made her Minnie Mouse, a 39-year old lawyer sound adventurous and began to from New Brunswick, NJ, has found create her online profile. that her work load is so intense that she rarely has time to see her girlShe was required to create a userfriends from college and law school, name for the site. Feeling that selectmuch less set out on a quest for Mr. ing the name Minnie Mouse might Right. Between going to the gym make her sound a bit furry and less everyday at 5 a.m. so she can be at than desirable to a Brad Pitt sort of her desk early to impress the manag- match, Minnie opted for the name A Publication of the Mercer County Bar Association Angelina Jolie instead. When prompted to insert her age, Minnie typed in 29, since it is how you feel in your heart – and not what you truly are – that matters. The site strongly encouraged its users to upload photographs of themselves lying on a beach, dancing at a club and climbing Mount Rushmore. Minnie never went to beaches, clubs or did any hiking at all. So she searched the internet for pictures of women in their 20s doing these things, especially in magazines and newspapers. She made sure that the faces of the women in the photos were far away and blurry enough that they were not really recognizable. She was thinking ahead in case she ever actually met one of her matches in person. There were also areas on the form that asked her to write about herself, and her life. She thought her life was rather boring since all she did was legal research all day, so she went online and searched some magazine and newspaper articles about other people’s lives and she pasted them into her profile. When it came time to describe what mattered most to her, Minnie, who had very few hobbies or interests, panicked. But then she remembered she had a stack of self-help books with quotes and paragraphs brimming with interesting comments. She copied them verbatim to her profile, which was now really beginning to take shape. She also thought the questions on the site were very interesting – in particular the order, and the way they were presented – and decided she would copy them down and share them with a few other dating sites so they would have the benefit of the research done by the loveforever.com love scientists and technicians. Through her special training at a summer job as a computer Page 18 programmer, Minnie was also able to obtain access to the algorithms and source code used on the site. She packaged it up together with the questions to send to the other companies so the submission would be complete. December 2011 ductive and save time if Minnie simply e-mailed the draft profile to her, and she would then call back with comments. Professor Manning always loved Minnie but remembered that Minnie was much better at trusts and estates than IP in law school and was conMinnie worked in a bank before cerned that the gap in understanding she went to law school and dealt with a number of wealthy clients in continued. These were two busy the Princeton area. She thought it women, so rather than beat around the bush, Professor Manning gave it to would look great if she included their names and bank account bal- Minnie straight: her profile was an IP lawsuit waiting to happen. ances in her profile as well to impress her potential love interests Here is what she said: with her connections to the rich and powerful. The Photographs As she began to create her online As for the photographs, the reason persona, Minnie started to feel a bit Minnie was having trouble uploading them was because they were copyright like a mail order bride. But the worst feelings came when she be- protected. Photographs are copyrightgan, unsuccessfully, to upload her able subject matter under the Copyphotographs and heard the words right Act, which protects any original work of authorship expressed in a tanof her brilliant IP professor from gible medium. Copyright issues are law school, Carla Anne Manning, swirling around in her head: “Don’t governed exclusively by federal law and jurisdiction for copyright infringeforget those trademarks, copyrights, patents, trade secrets, rights ment claims rests solely with the fedof publicity …and the doctrines of eral courts. likelihood of confusion, palming off, misrepresentation, unfair competi- Here, the photographs were taken by someone else – not Minnie – and likely tion… .” owned by either the publication or phoMinnie decided that uploading the tographer. profile without the help of learned Professor Manning might be risky. Even if Minnie had the right to use the photographs from the magazines or So she turned off the computer and elected to table the completion newspapers, they included images of living individuals who potentially have of her profile until the next day, rights of publicity in them. And let us after she and Carla Anne could not forget that putting forward photoconnect. After all, this could help her find the most important person graphs of third parties suggesting they in her life, and she wanted to do it are Minnie is misrepresentation and a form of false advertising and false repright! resentation of origin. Minnie was happy that Professor Of course, stating her age as 29 is also Manning was also an early bird and so her 7:30 am call found the misrepresentation and another way in professor at her desk, busy work- which Minnie is presenting herself as ing on her next IP article. The two someone she is not. exchanged pleasantries for a few minutes and then Minnie cut to the The Username Names can be important, as we know chase. Professor Manning told from the billions of dollars that individuMinnie that it would be more pro- als and companies spend protecting their trade names and trademarks. A trademark is a work, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. Famous trademarks include Coca-Cola and Xerox. The issue in a case of potential trademark infringement is “likelihood of confusion” – whether the goods or services of one party may be confused with those of another as a result of a use of the mark. Here, the name Angelina Jolie is the name of a living individual. In addition to issues of rights of publicity, to the extent that Minnie’s username could be confused or considered as originating with or related to the actual Angelina Jolie, Minnie could face a claim of infringement and potentially unfair competition. The Text Minnie’s verbatim lifting of sections of newspapers, magazines and books potentially runs afoul of the copyright laws. Although Minnie might attempt to suggest that her use is a “fair use” – in particular because the amount of text that was taken was relatively small and not entire chapters or articles – the fact that the copying was intentional and identical may not bode well for a successful copyright defense. In addition, fair soul mate falls within the Congressional intent behind the fair-use defense. The Algorithms and Source Code; the Bank Information Reverse-engineering of source code and accessing algorithms and sections of the questionnaire may be considered by the dating site to be an infringement of their trade secrets and potentially their patents. The fact that Minnie was able to use her skills to break into the system and see the code suggests that “loveforever.com” A Publication of the Mercer County Bar Association Page 19 December 2011 is not adequately protecting the security of it proprietary materials. But that does not mean the site’s rights are lost or that Minnie would not be subject to a claim. As for the bank information Minnie took with her, this is likely to be considered by the bank to be proprietary client data and publication of it likely to subject Minnie to claims as well. Minnie was horrified by the bullet she seemed to have dodged and glad she reached out to Professor Manning. She realized that all of this may have been the universe sending her a warning shot that it was time to take a break. Minnie decided to quit her job at the law firm. She had heard there was a theme park down in Florida looking for someone to dance in the show at the princess’s castle. Minnie thought this sounded perfect, and that she might even find her Prince Charming there, and she could then abandon online dating forever. A Publication of the Mercer County Bar Association Condominium Crisis Cont. assessments may be levied and what rules and regulations homeowners are bound by, the practical result is at least a five pound stack of documents filled with legalese that typically neither the homeowner nor real estate professionals working for the homeowner understand or even read. AI though there has been a statutory scheme for the creation of condominium ownership for over 30 years, there has been no statutory authority for enforcement of that scheme or penalties for community managers or associations blatantly violating the terms of the bylaws which technically the state was charged with approving when giving its blessing to the establishment of the homeowner association. As a result, advocates for homeowner rights have long sought legislative support for regulations preventing associations from depriving unit owners from basic constitutional rights (i.e. right to publish dissenting homeowner opinions to board action in community newsletters), objecting to unfair voting practices (i.e. current board holding elections in private and discarding opposing ballots), refusal to make repairs to common elements, which in an apartment setting would result in the housing being condemned.(5) The Public Offering Statements are so verbose and vague that even when homeowners do take the time to read them it is often difficult to even figure out which Page 20 December 2011 Condominium Crisis Cont. repairs the association is actually responsible for. Unfortunately, even when the associations responsibility is clearly delineated, that does not mean that the association will agree to make the repairs, no matter how dire. Especially now with dwindling reserves, the board can simply ignore, delay or reject a legitimate request because it is knows that the homeowner has little or no recourse against them if they refuse. Homeowners often find that their only choice is to seek costly legal action for what could be a nominal repair against associations who are often represented by large firms. And although there is a good chance that those homeowners would be successful in court, the statutory scheme arguably permits associates to add insult to injury because that same prevailing homeowner now has to pay the legal fees of the association attorneys as a part of the common assessment. And this is precisely why The Association Regulation Unit in the Department of Community Affairs (DCA) is inundated on a daily basis with frustrated homeowners pleading for assistance. Although few condo owners, and possibly even fewer attorneys are even familiar with the role of the DCA, the DCA Association Regulation Unit is the state regulatory agency responsible for approving the proposed governing documents for creation of homeowner associations under PREDFDA. The Association Regulation unit in the DCA has authority to intervene in three specific areas involving the operation of owner controlled associations: (I) to ensure that associations enact and administer ADR procedures; (2) comply with open meeting requirements; and (3) ensure that associations provide owners with reasonable access to accounting records. Homeowners are able to file a "Common Interest Community Association Complaint" form available online at www.state.nj.us/dca to seek DCA intervention. Unfortunately, with the exception of assisting homeowners in securing financial disclosure, the intervention of the DCA is very limited. The DCA can merely assure that ADR procedures are available to homeowners, but c an neither provide ADR services nor compel the association to grant any of the relief set forth in the bylaws. The ADR procedures, even when followed, are typically lengthy and homeowners needing immediate relief may find that they have no alternative but to seek court intervention. Moreover, while frustrated homeowners have to potentially spend thousand of dollars to require the association to make repairs. T hey have no right to stop paying their monthly association dues without facing liens, penalties and costs for association attorneys. Various reforms have been debated, including fee shifting leg- MCBA Financial Information is available for review in the MCBA offices upon request by members in good standing. islation. Although fee shifting may be a boon to Plaintiffs attorneys, the fees even when awarded would have to be passed down as a common expense for all homeowners to share. Debatably though, with a more realistic threat of litigation and an empowered unit owner, associations may be far more inclined to settle disputes quickly. In the meantime, without a legislative mandate for enforcement of basic homeowner rights and a cost effective forum to seek dispute resolution, the fundamental issues with the entire condo model will likely persist. Arguably the current economic situation and resulting mortgage crisis at least has the potential for exposing the many weaknesses of that model, as many unit owners grow increasing aware that they cannot refinance or sell their units, which may potentially serve to drive some long awaited reforms. For more in depth information on the "Condo Crisis", please join us on March 1", 2011 for the upcoming seminar presented by the Mercer County Bar Association Real Estate Section focusing on current homeowner association issues. Flyers will be emailed to members at a later date. _________________________ 1This article focuses primarily on condominium issues although many of the same concerns apply to all forms of homeowner associations. 2Elaine Rose, Unpaid owner's fees hurt condo associations, Atlantic City Press, I 0/23111 3N.J.S.A. 45:22A-21 et seq. and N.J.A.C. 5:26 et seq. 4N.J.S.A. 46:8B-8 5 RUTGERS J.L. & PUB. POLICY 50 A Publication of the Mercer County Bar Association Page 21 December 2011 Registration forms for seminars and events are posted on the Mercer County Bar Association website www.mercerbar.com. On the home page there are tabs across the top. Hover your mouse over the “events” tab, and then choose “calendar of events” from the drop-down menu. That will take you to a page where you will find the seminars and events listed in chronological order. Clicking on an underlined event will take you to the registration form. If you have any questions, call the MCBA office 609-585-6200. December December 6, 2011 MCBA Trustees Dinner The Revere 5:30 pm December 7, 2011 Domestic Violence Working Group Meeting Courtroom 4B, Civil Courts Bldg., 175 So. Broad St., 4th Floor 3:30 pm December 7, 2011 Holiday Party The Trenton Country Club 5:30 pm December 8, 2011 Lawyers CARE Clinic Mercer County Connection 5:30 pm January 3, 2012 March 8, 2012 MCBA Trustees Meeting Avanti 5:30 pm Lawyers CARE Mercer County Connection 5:30 pm January 17, 2012 March 20, 2012 Real Estate Section Trustees Meeting MCBA 9:00 am Real Estate Section Trustees Meeting MCBA 9:00 am January 18, 2012 Foundation Trustees Meeting Fox Rothschilds 12:00 p.m. January 26, 2012 Installation Dinner The Stone Terrace, Hamilton, NJ 6:00 pm February February 2, 2012 December 15, 2011 Family Bench Bar Meeting Judge Fitzpatrick’s Courtroom 3:30 pm MCBA Trustees Meeting The Yardley Inn 5:30 pm February 16, 2012 Municipal Bench Bar Meeting Real Estate Section Trustees Meeting Ewing Township Municipal Court 3:30 pm MCBA 9:00 am April April 3, 2012 MCBA Trustees Meeting Café Mulino 5:30 pm April 17, 2012 Real Estate Section Luncheon and 2.0 CLE Seminar “Real Estate and Estates” Green Acres Country Club 11:30 am to 2:00 pm April 18, 2012 Municipal Bench Bar Meeting Ewing Township Municipal Court 3:30 pm December 20, 2011 December 22, 2011 Women Lawyers Meeting To Be Announced 12:00 pm to 2:00 pm December 26, 2011 Christmas Day Observance MCBA Closed January January 2, 2012 New Year’s Day Observance MCBA Closed March March 1, 2012 Real Estate Section Luncheon and 3.0 CLE Seminar “The Condominium Crisis” Green Acres Country Club 10:30 am to 2:00 pm March 6, 2012 MCBA Trustees Meeting Leonardo’s 5:30 pm A Publication of the Mercer County Bar Association Please Note: We accept Visa, MasterCard and American Express. All event and seminar fees must be paid 10 days prior to the event in order to qualify for the lowest registration fee. An additional $10 will be charged on reservations or payments received after the published registration deadline. Please be advised our caterers require a head-count 48 hours in advance of an event. We must pay for a reservation made for you whether or not you attend. To receive a refund or to not be charged for your reservation, we must receive your cancellation in writing at least 48-hours in advance of an event for which you are registered. You will be charged a $25 administrative fee for timely reservation cancellations. Your cooperation in this matter is greatly appreciated. Thank you for understanding. Page 22 December 2011 New Members and Members on the Move Welcome New Members Lauren Angeles Central Jersey Legal Services Mercer Division 198 W, State Street Trenton, NJ 08608 Joanne Barbrack IBM Corporation Old Orchard Road Armonk, NY 10504 (914) 765-6100 Fax: (609) 497-0242 Michael P. Balint, Esq. Law Office of Michael P. Balint, PC 650 Whitehead Road Lawrenceville, NJ 08648 (609) 750-9700 Fax: (609) 695-0677 Tony Chen 10 Douglas Drive West Windsor, NJ 08550 Philice Cohen Maselli Warren 600 Alexander Road Princeton, NJ 08540 (609) 452-8411 Fax: (609) 452-8422 Rachel Friedman Surety Title Company, LLC 1 East Stow Road Marlton, NJ 08033 (856) 988-8900 Fax: (856) 702-6921 Alison Greenberg 45 East Curlas Ave Pennington, NJ 08534 (917) 734-0425 Fax: (609) 716-7401 Seth Josephson, Esq. 196 Princeton-Hightstown Road Princeton Junction, NJ 08550 (609) 716-7300 Jerome Katz, Esq. Katz & Dougherty 4020 Quakerbridge Road Trenton, New Jersey 08619 (609) 587-1199 Eileen P. Kelly, Esq. F 17 Shirley Lane Lawrenceville, NJ 08648 Jeffrey A. Krawitz Stark & Stark 993 Lenox Drive Lawrenceville, NJ 08648 (609) 896-9060 Fax: (609) 896-0629 John Paul Sade, Esq. 40 1/2 West Lafayette Street Trenton, NJ 08608 (609) 638-6090 Fax: (609) 298-4332 Jason Shamy, Esq. The Shamy Law Firm, LLC 1101 Richmond Ave., Suite 201 Point Pleasant Beach, NJ 08742 (732) 202-7206 Fax: (732) 714-6518 Ivette D. Santiago-Green, Esq. Mercer County Courthouse 175 S. Broad Street P.O. Box 8068 Trenton, NJ 08650 (609) 571-4804 Fax: (609) 571-4372 Stefanie Lampf Stark & Stark P.O. Box 5315 Princeton, NJ 08543 Michael F. Speilberger Fulgianti & Pessel 214 Carnegie Center, Suite 100 Princeton, NJ 08540 (609) 987-9229 Fax: (609) 987-0740 Kendall S. Murphy, Esq. 309 Market Street Trenton, NJ 08611 (609) 394-8382 Fax: (609) 989-1314 Joseph Tripoli 1341 Gates Circle Yardley, PA 19067 (215) 493-8423 Michael Rowland Law Office of Michael Rowland, PC 4 Second Ave., Suite 202 Denville, NJ 07834 (973) 627-0648 Fax: (973) 627-7440 Members on the Move Jillian Carpenter Deputy Attorney General Office of the Attorney General Financial & Computer Crimes (609) 203-1217 A Publication of the Mercer County Bar Association December 2011 A Publication of the Mercer County Bar Association Page 23 Mercer County Bar Association 1245 Whitehorse Mercerville Road Suite 420 Mercerville, NJ 08619 Return Service Requested Foundation’s Rhoads Scholarship Awarded to Rutgers Law Student Anne E. Hoover MCBF Vice President Michael Goodman, MCBF President Charles Waldron, Anne E. Hoover, MCBA Executive Director Chrissy Brennan and MCBA President Christine Gravelle