“In 2016, I was honored to be asked to represent a group calling itself Residents Against Giant Electric, Inc., at the Board of Public Utilities. This was a remarkable citizens group: determined, disciplined, and always very involved in the details, helpfully so. They were opposing a proposal by a utility to erect huge, ugly and hazardous transmission lines and monopoles along a New Jersey Transit rail commuter line, through five Monmouth County towns. The proposal presented public health hazards from electric and magnetic field emissions, and threatened a serious loss of property values. Most remarkable of all, this group decided they weren’t going to be just another “not in my backyard” group – not that there’s anything wrong with that – but would meet the utility proposal head on, on the merits.

“I had to identify skilled and credible experts in transmission planning, electric and magnetic fields hazards, property values and other issues; assist in the preparation of pre-filed direct testimony, propound and respond to an enormous amount of pre-hearing discovery, and then conduct a ten day contentious evidentiary trial. There were many surprises and turns of events. After that, we drafted and filed two rounds of extensive briefs. The Board firmly rejected the utility’s proposal.

“I had the joy of working very closely with a dedicated and deeply informed leadership of this citizens group. Other law firms had multiple lawyers, but I had the better team.

“I can tell you that it is very hard to go up against a well-funded utility on issues that are in its wheelhouse, and come out ahead. We won, largely by proving that there was in fact no need for such an expensive and intrusive project.

“This is a perfect example of a successful representation of a citizens group: close coordination and communication, and expert conduct of a deeply complex hearing, with lots of close strategic and tactical calls along the way. This is also one of the most consequential representations of my entire career: defeating an ill-conceived proposal and helping to preserve a way of life in five of New Jersey’s most livable towns.”

“In 2007, we were retained to prepare a petition for certification to the New Jersey Supreme Court for Gallenthin Realty Development, whose Paulsboro property was designated an “area in need of redevelopment” based solely on the fact that it was undeveloped. In the memorable words of the planner who prepared the report, “All I could see was trees.” The property owner had lost at the trial and intermediate appellate levels with other counsel.

“Despite the usual long odds, the Supreme Court granted our petition and our motion to file new briefs at the Court. I prepared the new briefs so as to engage what we thought would be the Justices’ main concerns. The New Jersey Lawyer news journal called this possibly the most important case of the entire court term. I prepared for oral argument by writing up over two hundred possible questions and considering answers to them. Nothing dooms an oral argument like a question from a Justice that is evaded or unanswered. The Justices are well prepared, and the advocate had better be prepared, too.

“My preparation paid off. Oral argument before the New Jersey Supreme Court is a bracing and challenging experience, and I enjoyed it immensely, fielding difficult questions from every member of the Court.

“We were very pleased that the Court’s unanimous decision overturned the designation and not only ruled for our client, but read the State Constitution as prohibiting some of the more egregious misuses of the redevelopment law.

“I was interested to learn from one of my former Princeton students, then in law school, that her land use law course assigned the students to: read the briefs, watch the oral argument webcast and decide the case on their final, which was before the Supreme Court’s decision was issued. She told me that her exam answer ruled against me because the professor also represented developers!”

“In 2014, we were retained to co-counsel on a case in which the Atlantic City Casino Reinvestment Development Authority sought to take a perfectly sound and well-maintained three unit house by eminent domain. We assisted the Institute for Justice, a nationally renowned non-profit property rights group. Both the trial court and the Appellate Division rejected the condemnation, in a reported decision, because the Authority couldn’t articulate a concrete use for the property. As a result, Charles and Lucinda Birnbaum now get to keep this modest property.”

"Preventing the unconstitutional ‘taking’ of private property by government authorities is a recurring theme in our law practice. We have been engaged by property owners all across New Jersey to challenge and rollback unconscionable attempts in what we have described as ‘socioeconomic cleansing."

"Not all of our eminent domain success stories are found in judicial decisions. We’ve also succeeded in persuading municipal redevelopment agencies that if they follow through on their threat to condemn a property as blighted and therefore subject to taking, then they will face litigation and the possible payment of our clients’ legal fees. "

"The best part of these eminent domain and redevelopment victories is that we give back to the owners control of their properties, which for many is the single most important asset they have. The next best part is educating local governments on what they can and can not do with this drastic power."

“Okay, so maybe this wasn’t a ‘big’ case from a lawyer’s perspective, but it certainly was for our client. She was sued in a collection action by a housepainter who had done a shoddy job on her interior, for more money than she had, especially since she was forced to hire another firm to fix the problems. I filed a countersuit based on the shoddy work and the painter’s violations of New Jersey’s Consumer Fraud Act (CFA), a powerful law which I have used several times to a client’s significant advantage. After one day of trial, and a directed verdict from the judge agreeing that the painter had indeed violated the CFA, I negotiated a very nice settlement for our client. Instead of collecting, the painter paid her a tidy sum that more than covered her damages, and paid all her legal fees. ‘Small’ case? Again, maybe, but it’s a wonderful feeling to obtain justice for people who are unfamiliar with, and can feel overwhelmed by, the court process. I love these kinds of cases.”