Nowell Amoroso Klein Bierman's corporate practice provides a broad range of corporate and business services to publicly held corporations and private businesses. Clients recognize us for results-driven legal solutions to the many complex challenges and market opportunities that they face. We operate as part of the overall business team and view legal issues through the lens of the specific goals and objectives of the client’s business. Working with a spectrum of clients, from well-established corporations engaged in major transactions to entrepreneurs, we provide both sophisticated and innovative legal solutions.
In many cases, the firm serves as general counsel for corporations and represents them in all aspects of their corporate life – from the original establishment of the enterprise through all aspects of its evolution and operation. Our corporate practice is broad and often intersects with other closely related practices, particularly corporate transactions, banking and finance, real estate, government relations, employment and insurance. The firm assists corporations and other complex business organizations with organizational transactions, acquisitions, financing, corporate governance issues, commercial transactions and litigation, and general business advice. The firm offers an extensive real estate practice, advising corporate clients on commercial real estate acquisitions, dispositions, financing, development and leasing matters. We provide assistance on zoning, permitting and environmental issues and all aspects of real estate development including asset based and real estate lending.
Our focused and efficient partnering style of lawyering has attracted clients who want an alternative to the commodity approach to legal services. Achieving our
clients' business goals is our primary objective and we measure our success by the degree to which we add value by implementing those goals.
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Nowell Amoroso Klein Bierman provides a full array of representation regarding bankruptcy, insolvency and debtor-creditor issues. Our personnel have extensive experience in numerous bankruptcy cases of all sizes and types. Our experience includes extensive representation of Chapter 11 debtors, secured creditors, landlords,
creditors' committees, individual creditors and shareholders. Moreover, our personnel have filed numerous involuntary bankruptcy petitions on behalf of aggrieved creditors. The firms also represents parties looking to assume control of a bankrupt business or acquire assets
there from.
The firm provides comprehensive representation to corporations, partnerships, individuals and other entities experiencing financial distress. Such services include pre-bankruptcy consultation to determine whether a bankruptcy filing is desirable, and if so, which type of bankruptcy will be most effective. The firm formulates strategies, beginning with the first consultation, for keeping the debtor in control of its business and assets, dealing with secured creditors, opposing possible applications seeking relief from the automatic stay and meeting the challenges inherent in a bankruptcy filing.
The firm also represents secured creditors seeking to maximize their recovery from bankrupt debtors. The
firm's representation includes the immediate gathering of exhaustive financial information regarding the debtor, verifying the existence of insurance and other necessary safeguards for protecting the collateral, requiring the debtor to provide regular financial operating reports, pressing for regular adequate protection payments and, where appropriate, seeking relief from the automatic stay. In cases involving cash collateral, the firm will argue for conditioning the
debtor's use of cash collateral upon the aforementioned safeguards.
The firm often represents landlords whose tenants have filed a bankruptcy proceeding. Here the firm seeks to insure the
debtor's compliance with all lease obligations throughout the bankruptcy. The firm also procures voluminous financial information from the debtor in order to formulate the appropriate strategies for retaining or evicting the debtor. The firm seeks to obtain the earliest deadline from the court for the debtor to assume or reject the lease. Where the debtor seeks to assign the lease the firm takes measures to insure the creditworthiness of the assignee and insure that it will meet future lease obligations.
The firm's bankruptcy practice includes all phases of bankruptcy court litigation. Such litigation includes applications seeking relief from the automatic stay, use of cash collateral, preference actions, fraudulent transfer actions and objections to a
debtor's discharge.
The firm offers its bankruptcy clients the benefit of expertise in many non-bankruptcy areas which frequently arise in the bankruptcy context, including litigation, real estate, tax and commercial transactions.
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Nowell Amoroso Klein Bierman is a leading firm in the field of public finance. We have been engaged in a wide range of complex transactions and our experience includes:
Representation of various institutions
serving as the Trustee for a variety of state bond issues.
Representation of the New Jersey Economic Development Authority as bond counsel in revenue refunding bond series.
Representation of the New Jersey Educational Facilities Authority as bond counsel in the issuance of revenue bonds.
Representation of the New Jersey Transit Corporation as bond counsel in the issuance of revenue bonds.
Drafting tax opinions, resolutions, financing agreements and certificates.
Providing legal advice to parties concerning legality and structuring of the financing.
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Nowell Amoroso Klein Bierman's commercial litigation group, chaired by Herbert C. Klein, a former member of the U.S. House of Representatives and the House Banking Committee, and one of the foremost trial lawyers in the State, includes attorneys with extensive experience in commercial disputes.
The group attorneys are experienced in matters including the following:
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Contract Litigation
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Lender Liability
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U.C.C. Issues including Negotiable Instruments and Security Interests
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Trust Litigation
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Creditor's Rights Litigation
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Fraud Claims
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Shareholder Suits
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Antitrust Issues
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Real Property Litigation
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Employment Law Litigation
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Shipping and Transportation Litigation
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The representation of community associations such as condominiums, cooperatives and other planned unit developments has become increasingly more sophisticated as the courts and the New Jersey legislature have sought to regulate this area of the law.
At Nowell Amoroso Klein Bierman, we have extensive experience in representing community associations, developers and individual owners in all facets of this complex field.
Our Community Association Group headed by William D. Bierman concentrates in the following community association-related areas:
General counseling for all types of community associations as counsel to the association or on individual issues involving such matters as transition from the sponsor; Master Deed and By-Law review and changes; consultation on capital improvements; negotiating and drafting contracts; supervising and collection of maintenance accounts; compliance with administrative rules and regulations.
Litigation involving actions concerning sponsors and developers; complex construction matters; defense of education associations from actions brought by unit owners; obtaining insurance coverage on behalf of associations and general litigation involving community associations.
Bankruptcy and creditors' rights actions on behalf of associations.
Real estate related matters including zoning, variances, assessments, real estate tax appeals and environmental matters.
Labor and employment laws.
Administrative law and representing associations before State agencies.
Representing sponsors and developers in establishing community associations; drafting community association documents; conversions.
Our overall understanding of community associations gives us a unique insight and enables the firm to provide quality legal services for all community association-related matters. Through technology and the many resources of Nowell Amoroso Klein Bierman we can respond to the needs of our clients in an efficient and cost-effective manner delivering superior legal representation at a reasonable cost.
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We assist clients in determining whether and how a project can best be structured and pursued. We explore creative avenues to obtain the necessary approvals and otherwise promote the successful realization of the project. Our attorneys have extensive experience before planning boards, boards of adjustment, local governing bodies, the New Jersey Department of Environmental Protection and other state and local agencies, including utility authorities. This experience enables us to develop strategies to maximize the
client's benefits from each project, including, for example, the use of rezoning, mixed-use applications, variances, subsidies, utilities programs, air rights, regional contribution agreements and tax and financial strategies.
Members of the firm have had extensive experience with the legislative and regulatory framework and case law which dramatically affect development options and environmental risks and constraints including the New Jersey Highway Access Management Code, the New Jersey Transportation Development District Act, the State Development and Redevelopment Plan and the Mount Laurel decisions. Consequently, we are able to counsel clients insightfully about the opportunities and constraints of regulatory schemes. Working closely with experts in such areas as land use planning and environmental and administrative law, we prosecute development applications before all levels of local and state agencies and have extensive experience with issues arising under ISRA, UST Law, the N.J. Spill Act, the Municipal Land Use Law, the Pinelands and Wetlands Protection Acts, CAFRA and HMDC Regulations, as well as many other laws and regulations comprising the New Jersey regulatory maze. Our in-depth knowledge of state and local regulatory practices enables us to effectively resolve problems relating to sewer moratoria, wetlands, waterfront development, utilities, broadcast transmissions, transportation and other sensitive development.
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Any purchase of real property and, in most instances, the sale of real property or a termination of a lease will raise environmental law issues. One cannot purchase real property without being concerned with the implications of both Federal and State environmental laws.
Our environmental practice includes attorneys with broad experience in handling environmental matters as they relate to the purchase, sale or the leasing of real property. We have experience in all phases of environmental law including the Federal Super Fund Law, the New Jersey Spill Act, the New Jersey Underground Storage Tank Law and the Industrial Site Recovery Act. In addition, our firm has handled various
Brownfield's projects for both current owners and developers.
In addition, Nowell Amoroso Klein Bierman has represented individual owners of real property who have encountered a broad range of environmental problems including site discharges and their remediation, groundwater contamination and various migration issues involving regulated contaminants.
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Nowell Amoroso Klein Bierman is a full service law firm serving client needs in numerous areas of law ranging from admiralty to lobbying in our Government Relations Group. We offer counsel on federal and state legislative and administrative matters ranging from representation of clients before Congress, State Legislature and Executive Branch agencies.
The Nowell Amoroso Klein Bierman Group provides a broad range of assistance.
The Government Relations Budget and Appropriations Group focuses on serving the legal and legislative needs of colleges and universities, corporations, non-profit entities, local and state governments. The team consists of legislative and regulatory attorneys with many years of experience in assisting clients in numerous matters including:
Contact with Key Members and Staff.
We have developed excellent working relationships with key Members and staff of the Appropriations Committees in both the House and the Senate.
Contact with the Bush Administration.
We have close relationships with key staff at critical agencies in Washington.
Legislative Drafting.
On behalf of clients, we have drafted provisions for pending legislation.
Preparation of Testimony.
Nowell Amoroso Klein Bierman has prepared client testimony for presentation before congressional committees. Careful preparation of testimony is vital to framing the debate on Capitol Hill. In addition to a strong substantive knowledge on a wide range of issues, Nowell Amoroso Klein
Bierman's attorneys possess a broad understanding of committee procedures and the constituencies of committee members.
Preparation of Federal Grant Applications.
We have worked with local governments, non-profits and corporate clients in preparing federal grant applications at many federal agencies.
Nowell Amoroso Klein Bierman offers an in-depth understanding of governmental operations and political perspective with experience in our
clients' substantive areas. This working knowledge ensures that insight gained from the broad perspective will be applied, while recognizing each
client's unique conditions and requirements, including specific service dynamics, customer expectations, historical and technological developments, or political and regulatory constraints.
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Nowell Amoroso Klein Bierman represents clients in single party and mass tort actions involving alleged product, environmental, occupational and toxic substance-related injuries. A hallmark of the
firm's practice in this area is its pioneering application of sophisticated computerized systems to achieve cost-effective, time sensitive management of multi-party cases and multi-district litigation. Nowell Amoroso Klein Bierman is one of four firms in the state to be chosen under a pilot project permitting the filing of pleadings electronically with the Court. Economical case management, the acute understanding of litigation strategy in this unique area and the
firm's substantial trial experience bring powerful and economic resources to clients.
The stakes in strict liability products cases are potentially enormous for our clients. We work closely with our clients to establish and constantly re-evaluate a
company's objectives and the litigation strategy that will achieve those objectives.
Understanding the engineering, biomedical and commercial aspects of products is crucial to understanding how adverse experts can be attacked and how the product may be defended. Our attorneys are extremely sensitive to these issues and are skilled in working with medical, mechanical, scientific and technical experts as consultants and witnesses. Our staff of paralegals and use of registered nurses bring additional technical competence to the litigation team.
Our attorneys have in-depth knowledge of key industry groups and the business issues unique to those groups. We have represented manufacturers and distributors of such products as heavy machinery, hydraulic mechanisms, underground tanks, scaffolding, industrial chemicals, compressors, pumps, wires and cables, pesticides, cleaning and polishing solvents, sand blasting equipment and asbestos, as well as owners and operators of contaminated property. In addition, we represent The Transportation Industry, including trucks, air carriers, ships and railroads in defense of catastrophic personal injury actions and substantial cargo claims.
As a result of this extensive defense experience and with a reputation for powerful trial skills, we go to settlement conferences and trials bolstered by the image of being fully prepared to powerfully defend our client in court.
This breadth of experience also lessens the learning curve and increases the economy we offer to our clients. In addition to the substantive knowledge, Nowell Amoroso Klein Bierman employs computer hardware and software, as well as the support personnel necessary to manage cases and the vast number of documents that each matter may entail.
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Nowell Amoroso Klein Bierman's statewide practice in the area of real property tax appeals is taxpayer-oriented, helping clients to gain significant tax savings through reduced assessments. The benefits to property owners, however, go beyond mere dollars. In many instances, successful or pending tax appeals can make properties more marketable or easier to rent.
Real property tax appeals involve two basic issues ñ the true value of the property involved, and the appropriate percentage of true value at which the property should be assessed. Nowell Amoroso Klein Bierman provides start-to-finish legal and support services in this area. These begin with an evaluation of a
client's property (together with a qualified appraiser) to determine whether a tax appeal is warranted. Nowell Amoroso Klein Bierman then retains the necessary experts and handles all appeals, from the Tax Court of New Jersey or a county tax board, depending upon the size of the assessment in question ñ through the Appellate Division and the Supreme Court of New Jersey.
While any substantial property may be a successful candidate for a successful appeal, real property tax appeals generally present most significant financial benefits to owners of large industrial, commercial or multi-family residential rental properties. The
firm's clients in this area include many of the largest commercial and industrial entities and residential owners in the state. The firm welcomes the opportunity to evaluate properties for appeal potential, usually at no charge to the owner.
Tax appeals generally are handled by the firm on a contingency fee arrangement, although other fee arrangements, including application of standard hourly rates, can be utilized.
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Nowell Amoroso Klein Bierman's real estate practice includes attorneys whose diverse and complementary backgrounds enable them to handle the complete spectrum of issues facing the real estate industry.
We have been intricately involved in the dramatic cycles in real estate development, operation, financing and rehabilitation in New Jersey. Our clients include regional and national developers, major retailers, builders, owners, operators, managers and institutional and non-institutional lenders. Our services range from pre-acquisition planning and land assembly through the sale, construction, lease-up, financing and ongoing management of a project. We are active throughout the region and are familiar on a local basis with critically important policies and philosophies relevant to commercial, industrial and residential real estate.
Nowell Amoroso Klein Bierman has particular experience in the financial and tax aspects of real estate ownership, operation and development. We represent owners and lenders in all varieties of construction and permanent mortgage loan transactions; structure and negotiate joint ventures; devise limited liability companies, general and limited partnership arrangements and condominiums, and advise clients with respect to risk management devices. We also counsel clients with respect to HNMA and DCA tax credit programs, tax-exempt and subsidy programs, tax abatements and real estate syndications. Non-traditional and innovative options must often be pursued to finance projects, and we assist clients in accessing financing through such vehicles as sale-leaseback arrangements, securitized debt, REITS, credit enhancements and tax-exempt bond financing. We also work with owners to minimize tax obligations through appeals of real estate tax assessments.
The practice group is composed of attorneys who represent landlords, developers and tenants. As a result of their experience, they can provide efficient counseling in diverse areas of practice including leasing, commercial evictions and collections, real estate tax appeals and related environmental law issues.
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Nowell Amoroso Klein Bierman provides the resources of a full service firm to School Boards and School Administrators. Our school law practice includes attorneys with broad experience in handling all aspects of school operations and school board representation.
The Nowell Amoroso Klein Bierman School Law Group provides a broad range of assistance in the following areas:
Litigation Services
We have extensive litigation experience in State and Federal Courts, as well as before Administrative agencies in tenure and employment matters, civil rights defense, discrimination and sexual harassment defense, special education/IDEA disputes, unfair practice proceedings, tuition recovery, employment arbitration, construction, and tort claim defense.
Legal Counseling Services
We have provided legal counsel to school boards on a wide range of issues including Board policy and procedure, employee discipline and dismissal, student discipline and due process, interlocal service sharing agreements, the Public School Contracts Law and public bidding, and special education/IDEA/Section 504.
Regulatory Compliance
Nowell Amoroso Klein Bierman has guided school boards and school administrators in complying with Federal, State and educational statutory mandates and implementing regulations including the Open Public Meetings Act, Open Public Records Act, No Child Left Behind Act, and the Educational Facilities Construction and Financing Act.
Contract Formation, Bidding and Contract Compliance
We have negotiated and drafted a variety of contracts and agreements for school districts including building leases, school construction contracts, professional services agreements, special education service providers, vendors of every sort, private sector partnerships, and interlocal services sharing agreements. We also have prepared bid specifications and contracts and defended bid challenges.
Nowell Amoroso Klein Bierman offers an in-depth understanding of school board and school district operations. We recognize and respond to each
client's unique conditions, requirements and expectations. Our law firm is mindful of specific service dynamics and financial constraints, as well as historic, political and regulatory constraints facing all school boards. Nowell Amoroso Klein Bierman works closely with Boards and Administrators alike to identify issues and provide clients with practical and effective solutions.
The substantial experience of Nowell Amoroso Klein Bierman in all areas of school board representation ensures that the knowledge and skills gained by our attorneys is efficiently applied to best serve each
client's distinct legal needs and interests.
Our School Law Group combines knowledge of a wide variety with direct experience.
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The dynamic and changing field of transportation law has an enormous impact on all business interests that rely on the movement of goods throughout the country and throughout the world. Whether by truck, ship, rail or air, the transportation of goods is a significant cost factor in any commercial enterprise.Our Transportation Law Group headed by William D. Bierman has substantial experience in representing major carriers and shippers in all modes of interstate and foreign transportation. Mr. Bierman is a recognized transportation expert who regularly lectures throughout the U.S. and has published numerous articles on transportation issues.
Our firm also provides legal services for insurance interests, transportation brokers, freight forwarders, and third party intermediaries as well as transportation logistics companies and non-vessel operating common carriers.
Nowell Amoroso Klein Bierman concentrates on the following transportation-related areas:
- Negotiation and preparation of all types of transportation and logistics contracts.
- Litigation involving catastrophic personal injury or environmental hazards. We have established a Catastrophic Response Team to immediately investigate serious incidents so as to protect the interests of our clients at the earliest possible time.
- Litigation involving cargo freight loss and damage claims, defense of personal injury actions, workers compensation and undercharge cases.
- Supervision of litigation throughout the United States and Europe to ensure uniform, high quality representation for our clients.
- Working with clients' international legal issues through our participation with correspondent firms throughout the world.
- Real estate matters involving the sale, purchase and leasing of terminals.
- All aspects of environmental law including premises environmental problems as well as hazardous material spills.
- Mergers and acquisitions of transportation-related companies.
- Succession and estate issues in closely held or family owned transportation-related business.
- Tax advice and litigation arising out of transportation-related matters.
- Labor and employment law.
- Administrative law and representation of companies before State and Federal agencies.
- General corporate law.
Our overall understanding of the transportation industry gives us a unique insight and enables the firm to provide quality legal services for all transportation-related matters. Through technology and the many resources of Nowell Amoroso Klein Bierman, we can respond to the needs of our clients in an efficient and cost-effective manner delivering superior legal representation at a reasonable cost.
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