ADVOCATE The Middlesex County Bar Association Monthly Newsletter

October 2017 · Volume 32, Number 2

The Middlesex

Upcoming Events  2017 MCTLA Annual  

Breitkopf Award Dinner 

Colonia Country Club, Colonia Thursday, October 19th 

(See page 15 for details) 

 

Annual Memorial Ceremony Wednesday, November 1st 

(See page 16 for details) 

 

Professionalism Day 

Middlesex County Courthouse Thursday, November 2nd 

(See page 11 for details) 

 

 

What’s Inside  Calendar of Events…………...  2  

ABA Bar Leadership Institute 

by Joanne Vos, Esq. …………..  3 

 

Identity Theft Toolkit Part II…  7 

 

Annual Golf Outing Update…. 8/9 

 

On My Mind 

by Linda Lashbrook, Esq. ……. 12 

 

Members in the News ………… 13 

 

Unsolicited Advice 

By Hon. John Jorgensen, JSC … 13 

 

Call for 2017 Practice Area 

Award Nominations …………  16 

 

Letter to the Editor …………… 16 

 

Call for Board Nominations ....  18 

The past few weeks have cer-tainly raised our awareness of natural disasters. We've heard the word "devastation" so many times recently that it has almost lost its impact. Let's recap: Hurricane Harvey, which made landfall in Rockport, Texas on August 25, and rampaged around the Gulf coasts of Texas and Louisiana until September 1, has caused at least 70 confirmed deaths in the U.S., and as much as $200 billion in property dam-age. The Texas Department of Public Safety stated that at least 185,000 homes had been damaged, and 9,000 totally destroyed. Many locations in the Hous-ton metropolitan area experienced at least 30" of precipitation, with a maxi-mum of 51.88"! That's a lot of water, folks. Meanwhile, and paradoxically, in the Pacific Northwest, many parts of which haven't had any rain since June, wildfires raged over five states. Fires on the Labor Day weekend caused evacuation of Glacier National Park in Montana, and threatened Yosemite National Park in California. As of September 6, Washing-ton state had nine active fires that were over 1,000 acres in size. Both Oregon and Idaho had 19 fires over 1,000 acres and each state's largest fire was well over 150,000 acres in size. That is 234 square miles or more of land in each state con-sumed by fire. Thousands of homes and businesses were endangered. Then, along came Irma. As of this writing, the amount of property damage has not been finally calculated, but pre-liminary estimates are that 4.2 million homes and businesses have been af-fected. Based on Department of Home-land Security estimates, Irma knocked

The More Things Change . . . By William P. Isele, MCBA President

out power to one out of every 22 Americans! The power is slowly being restored, but the human loss is irreparable. At least 36 people died when Irma pounded Florida, Georgia and South Carolina; six of them in one Hollywood, FL long-term care facility. "We're conduct-ing a criminal investigation into the deaths that occurred here,"

said the Hollywood police chief. Both state and federal law require nursing homes to file an emergency plan, includ-ing evacuation plans for residents. It is unclear whether the Hollywood facility submitted a plan, or why the residents were not evacuated sooner. Here in Middlesex County, the hurri-canes, fires and floods (not to mention the 8.1 earthquake in Mexico) may seem a little far off. 2012's Superstorm Sandy may also be, for some, a distant memory. So what's the good news? Once again, Americans are reaching out to help. The compassion and generosity of the Ameri-can people is never more evident than during and after a disaster. Gov. Christie deployed New Jersey Task Force 1 - po-lice, fire, and emergency personnel, along with trucks and boats - to Texas within hours of Harvey's landfall. Days later, Gov. Christie approved the deploy-ment of more than 100 New Jersey Army National Guard soldiers and vehicles to help evacuate Floridians expected to be displaced by Hurricane Irma. "These are highly experienced and trained men and women who served on the front lines dur-ing Hurricane Irene and Superstorm Sandy," Christie said in a statement. As you are sitting, reading this, you may be saying, "But I'm not a national guardsman or a trained first responder. What can I do to help?" My first answer is:

(Continued on page 18)

MCBA

The Middlesex County Bar Association 87 Bayard Street, New Brunswick, NJ 08901 ♦ www.mcbalaw.com ♦ 732.828.3433 

Calendar of Events October 5 – Thursday @ 5:00 p.m. 

LAW PRACTICE MANAGEMENT CLE SEMINAR (2.0 Credits) – Topic: Integrated Marketing. Speakers: 

Kimberly Rice, KLA Marketing Associates and Cynthia Sharp, JD, LLM, The Sharper Image. 

Cost: $10‐Sup Ct Law Clerks; $15‐Young Lawyers; $25‐MCBA Members; and $50‐All Others. 

October 11 – Wednesday @ 8:00 a.m. 

ELDER LAW BREAKFAST CLE (1.5 Credits) – Topic: What Every Lawyer Should Know About Reverse Mort‐

gages. Speakers: Thomas Borkowski, CFP, JD, LLM, CPA; Jacqueline D’Alessandro, VP, Amboy Bank; and Glo‐

ria Dumm, AVP, Amboy Bank. Cost: Free‐Law Clerks; $5‐Young Lawyers; $10‐MCBA Members; and $20‐All 

Others. 

October 12 – Thursday @ 8:00 a.m. 

FAMILY LAW BREAKFAST CLE (1.5 Credits) – Topic: Child Custody and Special Education. Speakers: Lauren 

Miceli, Esq. and Alison Sutak, Esq. Cost: $5‐Law Clerks; $15‐Young Lawyers; $20‐MCBA Members; and $40‐All 

Others. 

October 19 – Thursday @ 6:00 p.m. 

MIDDLESEX COUNTY TRIAL LAWYERS ASSOCIATION – Annual Dinner, Colonia Country Club, 300 

Colonia Boulevard, Colonia. 2017 Hon. Herman L. Breitkopf Trial Lawyer of the Year Award to Anthony 

Vignuolo, Esq. Cost ‐ $90 for members, $100 for non‐members and $50 for Law Clerks. See page 15 for details. 

October 24 ‐ Tuesday @ 8:00 a.m. 

TAXATION COMMITTEE CLE SEMINAR (1.5 Credits) ‐ Law Offices of Greenberg & Schulman, 90 Wood‐

bridge Center Drive, Suite 200, Woodbridge. Topic: TBA. Speaker: Stephen Ferzst, Esq., Olshan Frome Wolosky. 

Cost: $5 ‐ Young Lawyers and $10 ‐ All Others. 

October 26 – Thursday @ 5:00 p.m. 

REAL ESTATE LAW CLE (2.0 Credits) – Topic: Title Bingo – Answering the Really Tough Title Questions. 

Speaker: Joseph Grabas, CTP, NTP. Cost: $15‐Law Clerks; $25‐Young Lawyers; $35‐MCBA Members; and $70‐

All Others. 

October 30 – Monday @ 6:00 p.m. 

FAMILY LAW SECTION DINNER – The Pines Manor, 2085 Route 27, Edison. Topic: Special Education Issues 

Related to Family Law. Speakers: Beth Manes, Esq. and Jessica Weinberg, Esq. Cost to attend is $50 per person. 

To RSVP please call Section Chair Evelyn Hartmann, Esq., at 732.750.0050. 

November 1 – Wednesday @ 9:00 a.m. 

ANNUAL MEMORIAL CEREMONY ‐ Freeholders Meeting Room, Middlesex County Administration Build‐

ing, New Brunswick. Members of the Middlesex County Legal Community being memorialized: Hon. Bryan 

Garruto; Seymour Gelzer; Arthur Greenbaum; Hon. Thomas Mannion, JSC (Ret.); Carl Swanson; Irving 

Verosloff; and Thomas Walsh. For more information or to RSVP call 732.828.3433, x.102. 

November 2 – Thursday @ 1:45 p.m. 

ANNUAL PROFESSIONALISM DAY/CLE SEMINAR (2.0 Ethics Credits) ‐ Middlesex County Courthouse, 

Jury Assembly Room (Bayard Street), New Brunswick. Topic: Lawyers in the White House. Speakers: Hon. 

Travis L. Francis, AJSC (Ret.) and Hon. John A. Jorgensen, II, JSC. Cost: Free‐Law Clerks, $15‐MCBA Young 

Lawyers, $25‐MCBA Members and $50‐All Others. See page 11 for details. 

November 2 ‐ Thursday @ 5:30 p.m. 

CIVIL TRIAL PRACTICE DINNER CLE (2.0 Credits) ‐ Topic: Litigating Public Entity Cases. Speakers: Hon. 

Rosemarie R. Williams, JSC (Ret.) and Paul J. Endler, Esq. Cost: $30‐Law Clerks, $60‐MCBA Members and $90‐

All Others (includes dinner). 

November 6 ‐ Monday @ 5:15 p.m. 

CHANCERY PRACTICE CLE SEMINAR (2.5 Credits) ‐ Topic: The Newly Revised Middlesex County Chan‐

cery Handbook. Speakers: Hon. Arnold L. Natali, Jr., PJSC and Hon. Arthur Bergman, JSC. Cost: $15‐Law 

Clerks, $40‐MCBA Young Lawyers, $50‐MCBA Members and $75‐All Others (includes dinner).  

The MCBA is an approved provider of continuing legal education in NJ and all CLE programs listed above will meet the requirements of the BCLE of 

the Supreme Court of NJ. All events will be held at the MCBA Office, 87 Bayard Street in New Brunswick unless otherwise indicated. 

To RSVP go to www.mcbalaw.com or call 732.828.3433, ext. 102. 

The Middlesex Advocate 87 Bayard Street

New Brunswick, NJ 08901 Phone: (732) 828-3433 Fax: (732) 828-5862 www.mcbalaw.com

Newsletter Editor Eugene S. Wishnic, Esq.

Letters to the Editor We welcome letters from MCBA members responding to recent articles or to events or issues of general concern to the bar. Commentary Articles Bar members are invited to submit “op-ed” articles, not longer than 750 words, which take affirmative or negative positions on matters of interest to the bar. Practice-Oriented Articles We welcome the submission of substantive law articles, to be limited to 2,000 words or less. News About People & Firms MCBA members are invited to submit announcements and photo-graphs of new firms, new hires, promotions, awards, celebrations and other noteworthy events. Obituaries Obituaries about Middlesex County lawyers may be submitted and should be 300 words or less. Materials submitted for publication in The Middlesex Advocate should be sent to jcowles@mcbalaw.com and may be edited for style or abridged due to space limits. Photo-graphs must be submitted electroni-cally in jpg format.

Cal

enda

r

Page 2 — October 2017 — The Middlesex Advocate

Back in March of this year, our MCBA President, Bill Isele, and I attended the ABA’s Bar Leader-ship Institute in Chicago, IL. I al-most didn’t make it because of the snow that week but I was ulti-mately able to get there and to

cover most of the first day and a half; Bill covered most of the remainder. Since MCBA sponsored our attendance, I thought it appropriate to provide our members with a short summary of the experience and a list of the important takeaways from the programs, which I hope to incor-porate during my own presidency.

Once I found my way to the hotel after a 45 min-ute ride on the “L”, I very quickly realized why the Board agreed to send two of its executive officers to the Institute. It was not only educational, providing practical, easy-to-follow advice to bar leaders on how to “maximize value and member engagement”, but more importantly, it was really quite inspiring. In the hustle of responding to emails, taking calls, and nego-tiating the minutiae of our well-drafted Agreements, I think we can easily forget about the awesome respon-sibility we each became tasked with when we took the oath admitting us to the bar, and further, the oath many of us have taken to execute the goals of our respective bar associations as officers.

Being in the energetic, positive BLI environment made it easy for me to reconnect with my own per-sonal and professional missions – or maybe I just drank the Kool Aid – either way, it worked, and I met some very nice lawyers from all over the country along the way, each with his or her own perspective on leading a local bar association.

Some of the best tips I heard during BLI which I be-lieve, if properly set into motion, would ultimately result in additional benefits for our members are as follows:

Revamp/update packets for new Trustees, ex-

plaining their role and providing a specific de-scription of the jobs with which they are to be tasked;

Revamp/update packets for new members,

specifically identifying the substantive commit-tees and respective chairpersons and encour-aging participation, listing all of the benefits of membership and providing direct contact infor-mation for key Executive Officers and Personnel;

Give regular “State of the Union” messages during

membership events, summarizing some of the timely challenges facing the bar and advising what the bar is doing to address the concerns;

Summary of the American Bar Association Bar Leadership Institute By: Joanne Vos, Esq.

Take full advantage of the platforms provided by social media for marketing purposes and for disseminating information to the members and the public, where appropriate, even giving “video blog” updates right from the bar office;

Up the sponsorship ante in order to preserve the

bar association’s financial strength and put the members in touch with quality vendors that they can feel confident using in their own clients’ matters;

Survey the members annually to adequately

identify the strengths and weaknesses of the bar association and keep close contact with Com-mittee Chairs; and most importantly;

Identify and keep on top of the “Ubers” of the

legal industry i.e. the quicker, cheaper, more accessible, competing business models which threaten the stability of our practice, and which don’t deliver the reliable services they promise to deliver and, in fact, can be quite dangerous in various ways). In the legal industry, our current “Ubers” seem to be:

Limited Licensed Legal Technicians (the

legal version of the “Physician’s Assistant”);

RocketLawyer | Avvo | LegalZoom; and 

Cloudlaw/Zeekbeek. 

We are monitoring all of these movements for the good of the public of the State of New Jersey and have already taken strong stands against the first two business models, opting instead for the development and marketing of reduced legal fee programs and lawyer referral services.

We are currently examining the third latest new venture, which at first glance is NOT in the public’s best interest and ironically is being supported by the ABA. There is much more to come on these topics in the months and years ahead and as always, MCBA is at the forefront.

In closing, I am already working on implementing some of the goals I referenced in this short article now and hope to make a mark during my presidency with them.

In the meanwhile, I invite you to call me with any comments, concerns or questions you may have about the MCBA or its initiatives. I may be reached at 973-912-6801 or jvos@mfhenvlaw.com.

The Middlesex Advocate — October 2017 — Page 3

Enrollment in Medicare is limited to certain times of the year, so it’s important to know when you can enroll in the different parts of Medicare. If you have a Medicare Ad-vantage plan (Part C) or prescription drug plan (Part D), Open Enrollment runs October 15 through December 7 so now is the time you can make changes to your plan. Even if you are happy with your current plan, it can be helpful to explore other options. You may find a plan that is less expensive or that will provide better coverage for your current health needs. If you miss an Open Enroll-ment deadline, you’ll most likely have to wait a full year before you can make changes to your plan. During this Open Enrollment Period, if you currently have Original Medicare as your primary insurance, you can do the following; Switch from one Medicare Prescription Drug Plan to another Medicare Prescription Drug Plan  Join a Medicare Prescription Drug Plan if you do not have one  Drop your Medicare Prescription Drug Plan com-pletely Change from Original Medicare to a Medicare Advan-tage Plan 

The Medicare Open Enrollment Period for 2018 is Here! By Dan Katzeff

If you currently have a Medicare Advantage Plan as your primary insurance, you can do the following; Change from a Medicare Advantage Plan back to Original Medicare  Switch from one Medicare Advantage Plan to an-other Medicare Advantage Plan  Switch from a Medicare Advantage Plan that does not offer drug coverage to a Medicare Advantage Plan that offers drug coverage. Switch from a Medicare Advantage Plan that offers drug coverage to a Medicare Advantage Plan that does not offer drug coverage.  Here are some things that a Medicare beneficiary can do to prepare for the Medicare Open Enrollment Period. Review your plan notices. If you are in a Medicare Ad-vantage or Prescription Drug Plan, it is important to take the time to review the materials sent to you by the plan carrier. This would include the “Evidence of Cover-age” (EOC) and “Annual Notice of Change” (ANOC). Make sure that your drugs are still covered and your doc-tors are still in network (for Medicare Advantage Plans). Even if your plans are changing, they still can provide you with the coverage that you need for the upcoming

(Continued on page 16)

The Middlesex Advocate — October 2017 — Page 5

Discounted Environmental Consultation Services Now Available to Bar Members through Excel 

 

We are pleased to announce a new partnership program with Excel Environmental Resources, Inc. of North Brunswick.  Excel offers the following discounted environmental consultation service(s) to all attorney members of the Association and their clients:   Free initial consultation for MCBA members for any environmental 

compliance project or issue; 

10% cost savings on Excel professional services, excluding outside subcontractors; and 

The inherent value associated with Excel's ability to balance technical innovation, economic feasibility, and agency acceptability with a clear focus on achieving project closure in a timely, cost‐effective and compliant manner. 

 To find out more about this special program, please contact:  

Ron Harwood, LSRP Executive Vice President 

Excel Environmental Resources, Inc. 111 North Center Drive 

North Brunswick, NJ 08902 (732) 545‐9525 phone (732) 545‐9425 fax 

rharwood@excelenv.com www.excelenv.com 

EXCEL 

Environmental Resources, Inc. 

Online Fraud An increasing number of

identity thefts directed at consumers are being com-mitted online. Conse-quently, it's very important for you to learn how to spot fraudulent e-mail mes-sages (also known as phishing and pharming) and how to lower your risk of identity theft while using the Internet.

What is Phishing?

The term phishing (pronounced fishing) refers to techniques used by identity thieves to "fish" for per-sonal information in a "pond" of unsuspecting Internet users in order to steal personal information. In a phish-ing scam, an identity thief creates a counterfeit e-mail, which to you may look like an official communi-cation from your financial institution or other service provider. The goal of the scam is to trick you into di-vulging your personal information such as your Social Security Number, credit card numbers, passwords, or account related information in order for the identity thief to purchase goods or obtain money from your account(s).

Unauthorized use of a customer's account and as-set information obtained through phishing is also re-ferred to as "account hijacking." Please be aware that Provident Bank will NEVER ask you for personal infor-mation in an e-mail.

What is Pharming?

Pharming (pronounced farming) is a technique used by dishonest individuals and companies to ob-tain important personal and financial information with-out your knowledge. It is similar to phishing except that the information is collected without your needing to click on a link contained in an e-mail.

As with phishing, the primary purpose is to gain ac-cess to your personal information.

How Does Pharming Work?

Similar to phishing, pharmers send seemingly au-thentic and urgent e-mails to potential victims or users stating that account information needs to be up-dated immediately. The difference from phishing is that the pharming e-mail installs a small software pro-gram on the intended victim's computer. When a user tries to go to the real website, the program redirects the browser to the pharmer's fake website. It then asks the user to update information such as log-ons, PIN codes or other sensitive information. Computer users that do not click on the e-mail links may still be subject to this attack because pharming directs the browser to the fake pharmer website.

Identity Theft Toolkit Preventing Identity Theft - Part II

By: Nathan Horn-Mitchem First Vice President and Information Security Director- Provident Bank

How to Reduce the Risk of Online Fraud? Below are some tips on how to avoid becoming a victim of online fraud:

DO NOT respond to any suspicious e-mail request-ing personal information. If you have questions, call the company who "sent" the e-mail, using the phone number provided on your statement or ob-tained from the telephone company and talk to a customer service representative. DO NOT use the number on the e-mail as it could also be fraudulent. 

DO NOT send personal or confidential information over e-mail. E-mail messages are not usually secure. 

If you want to access your personal information or update your account, go directly to the company's website by typing the address into the web address bar, not by clicking on a link in an e-mail. 

Whenever you transmit personal data online, make sure the website is secure. A closed lock icon ( ) will appear at the bottom of your web screen for a se-cure website. Also the web address will begin with https. Note: the "s" in https is short for "secure". 

Maintain up-to-date antivirus and antispyware soft-ware on your computer. This will greatly reduce the possibility that a virus will redirect you to the mali-cious website. 

Be wary of e-mails requesting you to update any account information immediately. DO NOT RE-SPOND. 

If you receive suspicious e-mails claiming to be from Provident Bank, please notify our Contact Center immediately at 1-800-448-PROV. 

DO NOT download files or click on hyperlinks from someone you don't know. 

Use a firewall to protect your computer files, espe-cially if you have a high-speed or "always on" con-nection to the Internet. The firewall allows you to limit uninvited access to your computer. 

DO NOT store financial information on your laptop unless absolutely necessary. 

Avoid using an automatic log-in feature that saves your user name and password and always log-off when you're finished conducting your business transaction or research. 

Delete all personal information stored on your com-puter before you dispose of it. 

Read website privacy policies.  DO NOT use public Internet-access computers in

(Continued on page 18)

The Middlesex Advocate — October 2017 — Page 7

The Middlesex Advocate — November 2016 — Page 8 

benack, Jay Mascolo, Tyler Hall and Jim Heyl – with a 59. In addition to team play, there were some out-

standing individual shots made at the three closest-to-the-pin holes – Elyssa Goldenfarb at #7 (11’5”), Jud Ham-lin at #8 (14’5”), and Joseph D’Avella at #10 (2’2”) – and the long drive contest went to Thomas DeStefano, Jr.

The outing also featured the annual putting contest, sponsored by The Volk Insurance Group in Milltown. The following golfers sank their putts during the outing, mak-ing it to the finals: Tom Denitzio, Jay Mascolo, Tom Mitchell, Antonio Toto, Hon. Deborah Venezia, Rey Villanueva and Kimberly Yonta. Each finalist was given one chance at a 25’ putt. Rey Villanueva sunk the long putt and won the contest.

The MCBA wishes to express its appreciation to the fol-lowing:

It took a match of scorecards, but after many years of playing in the outing, MCBA member Peter Hendricks finally put together the right mix of bar members and ringers to take this year’s championship at the annual golf outing held at Bella Vista Country Club in Marlboro on September 11th.

After 18 holes of golf Pete and his team (Eric McCutcheon, Antonio Toto and Barry Wiegmann) were tied at 56 (14 under par) with the father-son duo team of Joe Russell Jr. & Sr. and Joe Freda, III & Jr. The scorecards were then matched up to compare scores on the hard-est handicapped holes to determine the winner. The teams matched scores through 8 holes, with the 9th hardest hole proving to be the decisive factor with team Hendricks scoring a birdie and team Russell/Freda a par.

Taking third place was team RAM Law – Ed Re-

TEAM HENDRICKS TAKES GOLF OUTING CHAMPIONSHIP BY A MATCH OF SCORECARDS

Guaranteed Subpoena Service, Inc. Phil Geron | John Metta

908.687.0056 | www.served.com

Hoagland Longo Moran Dunst & Doukas, LLP 732.545.4747 | www.hoaglandlongo.com

Jack Kane, Esq.

Martin Kane & Kuper 732.214.1800|www.mkklaw.com

La Tavola Cucina Restaurant

732.238.2111 | latavolacucinanj.com

Peter H. Lederman, Esq. Davison Eastman & Munoz

732.462.7170 | demlplaw.com

Legal Eagle Services, LLC Patricia Fernandez

908.669.9090 | legaleagleservice.com

Robert R. Levinson, Esq. 732.248.0800 | levinsonlawnj.net

Michael F. Lombardi, Esq.

Lombardi & Lombardi 732.709.7992 lombardiandlombardi.com

LouCas Restaurant

732.549.8580 | loucasrestaurant.com

Philip Lundell, Jr. Golden Rothschild Spagnola Lundell Boylan & Garubo, PC 908.722.6300 | www.grsl.com

Mazars, LLP Joseph D’Avella, CPA

732.475.2108 | mazars.com

All State Investigations, Inc. Tony DeLorenzo

1.800.948.7884 | allstateinvestigation.com

Craig M. Aronow, Esq. | Jay Mascolo, Esq. Rebenack Aronow & Mascolo, LLP 732.247.3600 | www.ramlawnj.com

Arthur’s Steakhouse 732.828.1117 | arthurssteakhouseandpub.com

Brother Jimmy’s BBQ 732.249.7427 | brotherjimmys.com

Café Luna 732.965.5490 | cafelunanj.com

Casa Giuseppe Restaurant 732.283.9111 | casagiuseppe.com

Clydz Restaurant

732.846.6521 | clydz.com

Coastal Title Agency, Inc. Kevin O’Connell

732.308.1660 | coastaltitleagency.com

Document Solutions, LLC Kevin O’Connor

800.937.6977 | dsbls.com

Elite Legal & Forensic Video Services Brian Durborow

973.809.2133 | elitelegalvideo.com

Fox & Hound 732.452.9100 | foxandhound.com

John R. Gorman, Esq.

Lutz, Shafranski Gorman & Mahoney 732.249.0444 | lsgmpa.com

William C. Miller, Attorney at Law 732.742.5556 | williamcmilleresq.com

James P. Nolan & Associates

732.636.3344

Portuguese Fisherman 732.238.5188 | portuguesefisherman.com

Rutter & Roy, LLP

Mark Stevens, Esq. 732.462.1990 | rutterroy.com

Sciortino’s Harbor Lights

732.721.8788 | sciortinosharborlights.com

Steakhouse 85 732.247.8585 | steakhouse85.com

Sterling Title Agency, LLC

Thomas DeStefano 609.584.8810 | stanj.net

The Stress Factory

732.545.4242 | stressfactory.com

Vintage Title Services, LLC Jason Dombrowski

732.967.6590 | vintagetitleservices.com

Volk Insurance Group, LLC Chris Volk

732.257.2212 | volkinsurance.com

Wells Fargo Advisors Bruce Pomerantz

800.565.1776

WithumSmith+Brown, PC 609.520.1188 | withum.com

Prize Sponsors

EVENT SPONSOR The Provident Bank

George Celentano | Pam Jasones | Sandra Kennedy | Gabe Rosanio 973.259.9449 | providentnj.com

DINNER SPONSOR Greenbaum Rowe Smith & Davis LLP

732.549.5600 greenbaumlaw.com

LUNCH SPONSOR Schulman Wiegmann & Associates, CCR’s

Barry Wiegmann|732.752.7800 | www.swreporters.com

BEVERAGE CART SPONSOR Couch Braunsdorf Insurance Group

Gary Pinckney, Esq.|908.542.1700 | www.couchbraunsdorf.com

Scenes from the 2017 Golf Outing Bella Vista Country Club, Marlboro - September 11, 2017

The Middlesex Advocate — October 2017 — Page 9

The Middlesex Advocate — October 2017 — Page 11

Professionalism Day 2017

Lawyers in the White House

To RSVP online go to: www.mcbalaw.com

Date: November 2, 2017

1:45 p.m. - 3:45 p.m.

Place: Middlesex County

Courthouse Jury Assembly Room

(Bayard Street Entrance) New Brunswick

Cost: Free - Law Clerks $15 - YLC Members $25 - MCBA Members $50 - All Others

($5 extra at the door)

Ethics/Professionalism CLE Seminar - 11/2/2017 Name(s):

Telephone #: Email:

Credit Card Account #: Security Code:

Exp. Date: Name on Card:

Billing Address:

Payment Amount: $ Signature (for Credit Card Payment Only):

Cost to attend: Free-Law Clerks, $15-YLC Members, $25-MCBA Members and $50-All Others. Make checks payable to "MCBA" and mail registration form to: Middlesex County Bar Association; 87 Bayard Street, New Brunswick, NJ 08901. Deadline for advance reservations–Wednesday, November 1st. To reserve by phone call (732) 828-3433, x. 102., by fax send to (732) 828-5862 or by e-mail send to jcowles@mcbalaw.com.

Method of Payment Check Enclosed AMEX MasterCard Visa

This program has been approved by the BCLE of the Supreme Court of New Jersey for 2.0 hours of total CLE credit. Of these, 2.0 qualify as hours of credit for ethics/professionalism. (Please note that Approved CLE Courses in NJ are Recognized for CLE Credit in New York.)

Thursday, November 2, 2017

Moderator Hon. Frank Ciuffani Presiding Judge, Chancery, Retired

Of Counsel, Wilentz, Goldman & Spitzer, PA

Hon. Travis L. Francis, AJSC (Ret.) Of Counsel, Riker Danzig

Speakers

Lawyers in the White House Lawyers in the White House celebrates attorneys who became President of the United States. The legal training they received played an important role in shaping their attitudes and beliefs once they became President. Through the biographical sketches provided, attendees will learn how important the legal profession is to ensuring our country’s rich democratic heritage. Participants will also discover an array of refreshing qualities about our Presidents that will impact their daily law practices. Course attendees will find their professional and personal lives greatly enhanced from this refreshing, innovative, and interesting seminar!

Hon. John A. Jorgensen, II, JSC Middlesex County Superior Court

Oh, look! There’s another one! I’ve been thinking about the “shiny objects” meme that you see and hear everywhere, in connec-tion with the person in the White House. It seems to be used both ways – to describe how his atten-tion can be shifted to another topic

in a flash – and to illustrate how he manages to distract us from one thing to another. In the first use, we often see clues indicating that the last person who talked to the Oval Office resident, or the latest TV show or news bulletin he saw on one of his multi-ple screens, or the most recent tweet that came into his Twitter account, attracted his attention to a new topic, and caused him to react. People say he was attracted by a new, “shiny object.” His responses to such stimuli could explain, for example, his sudden declaration that transgender people would no longer be able to serve in the armed forces. Or his impulsive decision to end DACA, when he had at some points expressed warm feelings toward the Dreamers. After that announcement, seeing scenes of opposition on TV, with poignant stories about what may happen to diligent, worthy young people if DACA is cancelled, he then hastily backtracked so as to challenge Congress to resolve their situation and nullify the declaration he had just made. He even tacked on a “threat” that if Congress didn’t act, he would “revisit” the issue. In reacting so swiftly and without reflection, he often seems not to realize that he is contradicting, and re-contradicting, himself. In the DACA example, he missed the irony that he was dashing to rectify a bad thing he had, himself, just done. The idea of thinking about an is-sue, coming to a position with the help of wiser people or experts, and then acting and speaking in accordance with his own principle for a reasonably long time, ap-pears to be foreign to him.

Indeed, the only three principles to which he demon-strates consistent devotion are (1) the growth of his busi-nesses and personal wealth; (2) the wellbeing of his fam-ily; and (3) the psychological need to replace anything attributable to President Obama with the Trump logo. And even in these three contexts, the decisions he makes are often inconsistent with each other. His on-again, off-again promises to release his tax returns, and his early announcement that he would step away from his business interests “in total” in order to avoid the ap-pearance of a conflict of interest once he entered the White House1 (an event that never happened), are ex-amples. His hunger to destroy Obamacare has led him to support wildly variant schemes, each one more cruel than the last, while insisting that the results will guarantee health care for everyone.

There are probably ways in which to use the “shiny

object” technique to goad Resident 45 of the office into actions that are actually of benefit to Americans or fur-ther the goals of peace and the continued habitability of the planet. I hope there are some cagier minds in the world of politics that can figure them out. And what about us?

The other aspect of the “shiny object” meme is per-haps less obvious: the intention of the person in the White House and his enablers to keep our organized attention away from the most important issues, the most serious damages being done by the administration, by providing us daily with surprises, outlandish statements, pseudo-events, and silly tweets that manage to hijack the news cycle for days at a time.

Needless to say, the media bear a lot of the blame for jumping at the bait rather than keeping up the pres-sure on serious issues, and blitzing coverage on natural catastrophes without linking weather catastrophes to the need to confront climate change, and without connect-ing all catastrophes – from earthquakes to famines, refu-gee crises and endemic diseases – to the inadequacies of the administration in preparing for them, getting states to take preventive measures, and rebuilding cities, health care systems, food aid networks and refugee resettle-ment organizations.

The incredible breadth of American regulatory com-ponents that have already been destroyed since the in-auguration, and the likely effects on our health, welfare, education, energy sustainability need to be publicized and hammered on day after day. Industry without regu-lations, as we know from history, will poison our air, water and food; destroy our mountains, lakes and rivers with mining waste; kill and maim employees in dangerous workplaces; deny workers a reasonable and fair wage; put our vital medications and health care out of reach; and discriminate against the weakest members of soci-ety. Education without federal oversight and funding help will leave millions of children under-educated and unemployable; discriminate against current minorities and LGBT students; and leave ever more students unable to afford a college education or to make a living if they acquire it through loans.

Finance without oversight leads to bubbles and re-cessions, huge losses to individuals in the worst cases, constant nickel-and-dime larceny of everyone by banks that are free to make their own clever fee-generators, and ever-increasing income inequality.

Among the most important regulatory changes al-ready implemented are the following:

Worker protections Made it easier to pay women and minorities

less. Said 4.2 million workers don’t deserve overtime

(See On my mind . . ., continued on page 14) 

On my mind . . . by Linda Lashbrook

Page 12 — October 2017 — The Middlesex Advocate

The Middlesex Advocate — October 2017 — Page 13

Board Trustee Marc Gaffrey Addresses National Asbestos Conference MCBA Board member Marc S. Gaffrey, Esq., was a presenter at the Perrin Confer-ences’ Annual Asbestos Litigation Confer-ence held on September 25-27th in San

Francisco, CA. This highly acclaimed annual event assembles

leaders in U.S. asbestos litigation, including many of the most prominent plaintiff and defense attorneys, judges, in-house counsel, insurance professionals, risk managers, and scientific and medical experts.

This year, Marc moderated a panel on Meso-thelioma, which discussed topics such as Recent Devel-opments in the Literature, Latest Diagnostic Techniques, Genetic Testing and Causation, and New Treatments & the Impact on Life Expectancy.

Marc is a partner at Hoagland Longo Moran Dunst & Doukas, LLP in New Brunswick and Supervisor Partner of the Environmental & Toxic Tort Litigation Department.

Unsolicited Advice for Law & Life by Hon. John A. Jorgensen, II, JSC

Communication skills are just as important as tech-

nical skills. Throughout your career you will come across attorneys who seem to be extremely bright, but lack the abil-ity to shine. That’s because they haven’t mastered the art of communication. If you can’t communicate your position, thoughts, and desires in a cogent manner you might as well not have them. Marrying communication skills with your technical legal skills will make you a well-rounded, produc-tive person. So spend time in honing your ability to commu-nicate with all types of people.

Address the little things you may encounter in a real situation. This is another way of saying “be prepared.” It’s been said that failing to plan is planning to fail. Don’t let that happen to you. Explore something from different angles, so that you can implement a contingency plan if your origi-nal plan does not work out. This will allow you to be flexi-ble and more relaxed.

Page 14 — October 2017 — The Middlesex Advocate

pay. Stopped helping states set up retirement ac-

counts for workers. Exposed workers to cancer-causing agents. Weakened reporting of workplace accidents. Allowed unsafe companies to get government

contracts.

Consumer protections Allowed financial advisers to ignore clients’

best interests. Would weaken rules protecting senior citizens

from abuse. Made guns available to the mentally ill

Environmental Protections

Polluting drinking water Polluting the air. Heating the planet2

That seems about enough for now…

This week, I did a lot of research on how the Trump

administration has damaged civil rights and criminal pro-cedures. But when I sat down to write I was, yes, dis-

(Continued from page 12) tracted, by the “shiny objects” meme and wrote about it instead. Maybe next month I’ll go back to the erosion of Constitutional rights.

There’s no General Membership Dinner this month, but if you take a look at the Calendar of Events, you’ll see several interesting Section dinners and the Trial Law-yers Dinner you might like to attend. On November 1, at 9 a.m., there will be the annual Memorial Ceremony for the Middlesex County Bar Members who have passed away since last year. We all knew at least one, so it would be good to remember them in company with your fellow Bar members.

Meanwhile, I recommend John Oliver’s Last Week Tonight and the Late Show with Stephen Colbert. Out-doors, golden leaves and deep blue sky tell us it’s Octo-ber – enjoy them along with me! 1 “Donald Trump claims he is leaving his business interests ‘in total’,” by David Smith, Paul Owen and Ciara McCarthy, in The Guardian, Nov. 30, 2016. 2 “Trump is dismantling rules and laws protecting millions of Americans. Here are the most important” by Heather Timmons, in Quartz Media, Sept. 22, 2017.

(The views expressed in this column are those of the author and do not necessarily represent the views of the Association’s Board of Trustees.)

MIDDLESEX COUNTY TRIAL LAWYERS ASSOCIATION

PLEASE JOIN US AS WE HONOR

ANTHONY B. VIGNUOLO, ESQ. as the

2017 RECIPIENT OF THE

HON. HERMAN L. BREITKOPF AWARD Please join us on THURSDAY, OCTOBER 19TH, 2017

at Colonia Country Club, 300 Colonia Boulevard,

Colonia, New Jersey

6:00 pm: Cocktail Hour (OPEN BAR) | 7:00 pm – Dinner (CASH BAR)

Cost: $90.00 - MEMBERS IN GOOD STANDING (DUES PAID IN THE YEAR 2017) $100.00 - NON – MEMBERS

$50.00 - LAW CLERKS (includes one year membership)

PLEASE RVSP by October 12, 2017

Make checks payable to: MIDDLESEX COUNTY TRIAL LAWYERS ASSN Mail to: JEFFREY CZUBA, ESQ.

Hoagland Longo Moran Dunst & Doukas 40 Paterson Street New Brunswick, New Jersey 08901

For more information please contact Jeff Czuba at jczuba@hoaglandlongo.com or Tom Barlow at ThomasB@lombardiandlombardi.com

The Middlesex Advocate — October 2017 — Page 15

Page 16 — October 2017 — The Middlesex Advocate

year. You will not need to do anything during the Open Enrollment Period if you are satisfied that your plan will continue to meet your needs. Consider what you like or don’t like about your current plans and be aware of what is important to you. Medi-care Advantage and Prescription Drug Plan options can change their available benefits and options from year to year. Your health needs can change every year as well. Open Enrollment is the time of year that Medicare bene-ficiaries can assess both their health and their coverage and see what new choices are available. It is the time to make a comparison of your current plan to the new op-tions and see if you can lower costs or increase benefits. Dan Katzeff is a licensed and certified agent appointed by many highly-rated insurance companies to offer their Medicare plans. He meets the criteria necessary to be designated “Authorized to Offer” by AARP Medicare Plans. For more infor-mation contact (973)-535-3181,

(Continued from page 5)

MCBA Seeks Nominations for Annual Practice Area Awards Dinner

On March 21, 2018, the Association will hold its 13th

Annual Awards Dinner at The Pines Manor in Edison. Awards will be given to bar members in the following ar-eas: Pro Bono; Non-Litigation; Civil Trial Practice; Criminal Trial Practice; Municipal Court Practice; Chancery; and Young Lawyers.

The purpose of the Practice Area Awards is to recog-nize attorneys practicing in Middlesex County and adja-cent municipalities who devote a significant portion of their work to their respective specialty areas and exhibit one or more of the following:

Leadership in the potential candidate’s field of practice;

Significant, tangible contributions to the Bar, such as providing CLE, serving on Bar committees, etc., pertaining to non-litigation issues;

Significant, tangible contributions to the commu-nity and/or charitable endeavors;

A record of promoting participation and involve-ment in the MCBA and collegiality within the Asso-ciation; and

A reputation for personal and professional integrity.

The purpose of the Young Lawyer of the Year Award is to recognize attorneys who meet one or more of the fol-lowing conditions:

Devote substantial time and energy to commu-nity-oriented activities such as pro bono work, government service, charity involvement or other public service;

Dedicate considerable volunteer time to bar ac-tivities at the county or state level, including spe-cialty and minority bars; and/or

Have received professional recognition through publications, excellence in a particular area of law, a significant verdict or law-changing appellate de-cision, or other such professional achievement.

The purpose of the Pro Bono Award is to recognize

attorneys who have devoted substantial time and effort doing pro bono work through the Central Jersey Legal Services Corporation.

The Bar Association invites the submission of names of those individuals whom you believe to be appropriate candidates. Please include a brief explanation as to why you believe the individual you name is an appropriate candidate for one of these awards. The candidates should be bar members who are well recognized for character and competence, individuals who are re-spected by all and looked upon as models of profes-sional behavior.

Please submit names for consideration to the atten-tion of Executive Director Jonathan Cowles at jcowles@mcbalaw.com by December 15th.

Email to the Editor: Received the September edition of The Middlesex Advo-cate. Checked for Linda Lashbrook's monthly screed on President Trump specifically and the Republican Party generally. Immediately threw it in the trash. I can't imag-ine that the advertisers would be pleased that the asso-ciation is alienating 50% of its target audience. John R. Gorman

MCBA to Honor Deceased Members at Memorial Ceremony on November 1st

On Wednesday, November 1st, the MCBA will hold a

memorial ceremony to honor those members of the Mid-dlesex County legal community who have passed away in the past year. The ceremony will be held in the Free-holders Meeting Room of the Middlesex County Admini-stration Building in New Brunswick, beginning at 9:00 a.m.

Members of the legal community to be memorialized include:

Hon. Bryan Garruto Seymour Gelzer

Arthur Greenbaum Hon. Thomas Mannion

Carl Swanson Irving Verosloff Thomas Walsh

The Middlesex County Judiciary will be in attendance

and all members of the bar are invited to attend. A re-ception will follow in the conference room adjacent to the Freeholders Meeting Room. There is no cost to at-tend.

To RSVP please call the Bar Office at 732.828.3433, x. 102 or send email to jcowles@mcbalaw.com.

www.chalfin.com

Advisory Services – Purchase and Sale of Businesses Strategic Planning

Valuations of Closely Held Businesses Economic Damage Calculations

Our goal is to make your job easier, respond quickly, and provide a common sense, easy to understand analysis. Our firm has been retained for many years by both plaintiffs and defendants in the following areas:

Wrongful death and personal injury Analysis of life care plans Valuation of household services Wrongful termination Commercial damages and lost profits Valuation of stock options Business and commercial-related matters Business valuations

Robert J. Chalfin CPA, JD bob@chalfin.com

Paul M. Gazaleh CPA/ABV paulg@chalfin.com

45 Bridge Street ♦ Metuchen ♦ New Jersey ♦ 08840 ♦ (732) 321-1099

www.chalfin.com

Donate. Faith-based organizations like the Salvation Army and Catholic Charities are at the forefront of re-covery efforts, and do not discriminate on the basis of religion. Cash donations, rather than canned food or used clothing, are the biggest help to these organiza-tions in providing what is needed to the survivors of natu-ral disasters. Which leads me to my second answer: Beware of donation scams. Before giving money to an organiza-tion, do your research. Two good, on-line non-governmental resources are Guidestar.org and Charity-navigator.org. Charity Navigator, which identifies worthy charities, actually offers a detailed list of organizations responding after each storm. For advice on avoiding fraudsters, read Charity Navigator’s post on how to pro-tect yourself (and your clients). And here's an interesting tip from the Federal Trade Commission: “Be wary of charities that spring up too sud-denly in response to current events and natural disas-ters,” the F.T.C. website says. “Even if they are legitimate, they probably don’t have the infrastructure to get the donations to the affected area or people.” Finally, if you suspect an organization or individual is engaging in fraud, you can report it to the National Center for Disaster Fraud at www.justice.gov.

(Continued from page 1)

libraries, Internet cafes, hotels and other public places that offer Internet connections to conduct confidential transactions or business. 

How to Reduce the Risk of Identity Theft

The following measures can help protect against identity theft:

Make a prompt inquiry if bills or statements are not received in a timely manner. This could mean they are being diverted for identity theft purposes. 

Limit the information on your checks to only that which is absolutely required (usually name and address only). 

Request a copy of your credit report every year from each of the three major credit agencies (see Part III in the next issue) to make sure they are ac-curate. Free credit reports can be obtained at www.freecreditreport.com. 

Carry only the credit or debit cards you plan to use. If you have credit cards that you do not use, store them in a safe place. Cancel the accounts if you will not use them again. Cut up old credit cards before discarding. 

Limit the need to carry your Social Security card or number, birth certificate or passport. 

DO NOT put your trash out until shortly before it will be picked up. 

Make sure that your mailbox is secure. Take your mail out of your curbside mailbox as soon as possi-ble after it has been delivered. And, if you're trav-

(Continued from page 7) eling, have the US Postal Service hold your mail or have someone you trust remove it from your mail-box daily. 

DO NOT give any of your personal information to anyone in person, over the telephone, or over the Internet unless you've initiated the contact or are sure you know with whom you are dealing. 

When providing personal identity information, ask how it will be used and secured, and whether it will be shared with others. 

Ask your financial institution, doctor's office, other businesses and your employer if they secure your personal information. 

You may also wish to: Request to no longer receive preapproved credit

offers by calling 1-888-5-OPT-OUT.  Ask to be removed from national direct mail lists by

writing to the DMA Mail Preference Service at P.O. Box 9008, Farmingdale, NY 11735-9008. Include your name and address. 

Ask to no longer receive telephone solicitations from national marketers by writing to DMA Tele-phone Preference Service at P.O. Box 9014, Farm-ingdale, NY 11735-9014. Include your name, ad-dress and telephone number. 

As part of Provident Bank's ongoing efforts to prevent identity theft, we will continue to keep you updated with practices that will help maintain your privacy and keep personal information safe.

2018-19 CALL FOR NOMINATIONS FUTURE BAR LEADERS WANTED

FOR OFFICER AND TRUSTEE POSITIONS

Wanted: intelligent, energetic lawyers with time to devote to vital, non-profit professional asso-ciation. Must have innovative ideas for positive change on a Board of Trustees devoted to en-hancing relationships among members of the profession, lawyers and the judiciary, and law-yers and the public. Great opportunity for pro-fessional growth and networking. Past leader-ship experience a plus. Equal Opportunity Board. Interested candidates should submit a resume and letter outlining their qualifications to: An-drea J. Sullivan, Esq., Nominating Committee Chair, c\o Middlesex County Bar Association, 87 Bayard Street, New Brunswick, NJ 08901. The deadline for submissions is Friday, December 15, 2017.

The Middlesex Advocate — October 2017 — Page 18

87 Bayard Street New Brunswick, NJ 08901