Kaplin Stewart has earned the distinction of being ranked by U.S. News Media Group and Best Lawyers for 2011-2012 in the Philadelphia Metropolitan area. Our Land Use, Zoning & Development group was ranked in Tier 1, and the Litigation - Land Use & Zoning was ranked in Tier 2. These rankings, which are presented in tiers, showcase 9,633 different law firms ranked in metropolitan or state rankings in one or more of 119 major legal practice areas. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.
Mohammad A. Ghiasuddin, a principal and member of the Commercial Litigation and Construction Law groups, has been appointed Chair of the Diversity Committee of the Montgomery Bar Association for 2012. Mr. Ghiasuddin has been an active member of the Diversity Committee since its founding in 2008. He has served on the Montgomery Bar Association's Board of Directors and in 2011 was appointed to the Montgomery Bar Association President's Blue Ribbon Panel on Diversity in Leadership. In his practice, Mr. Ghiasuddin concentrates in the areas of commercial litigation, and construction and surety law.
Pamela M. Tobin, a member of the Business & Commercial Litigation group, has been appointed to the Montgomery Bar Association Board of Directors for a 3-year term. She is also Vice Chair of the Women in the Law Society for the Montgomery Bar Association and is a member of the Montgomery County Bar Association Inn of Court. In her practice, Ms. Tobin handles complex litigation on behalf of business and individuals in both state and federal court.
Sandhya M. Feltes, a member of the Commercial Litigation and Construction Law groups, was a member of the faculty and presenter at a Lorman Education Services seminar on Construction Lien Law and Payment Disputes in Pennsylvania on January 18, 2012. She spoke about the Pennsylvania Mechanics Lien Law and Preparing and Filing a Mechanics Lien Claim. In her practice, Ms. Feltes handles a variety of construction and suretyship disputes, as well as bank litigation and creditors' rights.
Andrew B. Cohn, a construction group partner, was a featured speaker at a joint meeting of the Philadelphia Construction Management Financial Association and the Subcontractors Association of the Delaware Valley held on January 19, 2012. The meeting was attended by over 100 members of both construction focused associations. Mr. Cohn spoke on "pay if paid" clauses in construction contracts, and the significance of the recently decided Sloan decision in the Third Circuit Court of Appeals. Andrew Cohn is a member of the construction group, and focuses his practice in construction law and litigation.
Neil A. Stein, a member of the Land Use, Zoning & Development group, has been re-appointed to the Home Builders Association Board of Directors. Mr. Stein is also Chair of the Political Action Committee. In his practice Mr. Stein represents real estate owners, developers, lenders and builders in complex land use, zoning, environmental and corporate matters.
Robert A. Korn, a member of the Construction Law group, has been elected as a Trustee of the ALS Association, Greater Philadelphia Chapter, at its Annual Meeting on January 10, 2012. As a principal in the Construction and Commercial Litigation groups, Mr. Korn is an active litigator, focusing on all aspects of construction and surety law.
Maury B. Reiter, Managing Principal, has been elected Chairperson of the Board of Volunteers of America Delaware Valley based in Collingswood, NJ, as well as Chair of the Pension Committee, and member of the Finance Committee and Investment Committee, for Volunteers of America, Inc. in Alexandria, VA.
Pamela M. Tobin, member of the Commercial Litigation group, will be teaching a civics course with the Honorable James P. Gallagher at the Stewart Middle School in Norristown throughout the school year. This is a civics education program that the Montgomery County Bar Association sponsors in which it matches judges with lawyers to teach "Liberty and the Law" in the classroom.
Two of our attorneys, Maury B. Reiter of the Tax & Estates group and Neil A. Stein of the Land Use, Zoning & Development group were presenters at the Pennsylvania Bar Institute's 15th Annual Real Estate Institute in Philadelphia on December 7-8, 2011. Mr. Reiter's presentation was titled "Getting Kicked While You're Down! Tax Aspects of Real Estate Workouts." Mr. Stein's presentation was titled "The New Battlefield: Property Rights Litigation."
Four Kaplin Stewart attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2011. Marc B. Kaplin in the fields of Land Use & Zoning and Litigation - Land Use & Zoning, George W. Broseman in the field of Land Use & Zoning, Ronald B. Glazer in the field of Real Estate Law and Robert A. Korn in the field of Construction Law.
Five Kaplin Stewart attorneys have been recognized and designated as Pennsylvania Super Lawyers for 2011: Andrew B. Cohn (Construction Litigation), Ronald B. Glazer (Real Estate), Marc B. Kaplin (Land Use/Zoning), Robert A. Korn (Construction/Surety), and William J. Levant (Bankruptcy & Creditor/Debtor Rights). We are also proud to have several Kaplin Stewart attorneys designated as Pennsylvania Super Lawyer Rising Stars for 2011: Gregg I. Adelman (Land Use/Zoning), Mohammad A. Ghiasuddin (Business Litigation) and Joshua C. Quinter (Construction/Surety).
The Anti-Defamation League (ADL) has elected Marc B. Kaplinto a two-year term as Chairman of its Eastern Pennsylvania/Delaware Regional Board. Working to protect civil rights for all, the ADL is one of the nation's leading civil rights/human relations agencies combating anti-Semitism and other forms of bigotry.
Kevan F. Hirsch, a principal in the Business & Commercial Litigation and Construction Law groups, has been appointed as a board member of the M. Patricia Carroll Fund (MPC). The MPC Fund provides financial assistance for in-patient and out-patient treatment for addiction to lawyers with demonstrated financial need. The MPC Fund is a Pennsylvania non-profit corporation funded almost entirely by tax-deductible contributions by lawyers and law firms.
Robert A. Korn, a Fellow of the College of Commercial Arbitrators, has been invited to serve on the faculty for a program sponsored by the American Arbitration Association and the College of Commercial Arbitrators. The program is being held in Columbus, Ohio on October 31, 2011; the topic is "Managing Your First Arbitration." Mr. Korn is a principal in the firm's Construction Law group. He handles contract negotiation, dispute resolution through negotiation, mediation, arbitration and trial. Mr. Korn is a member of the American Bar Association's Committee on Alternative Dispute Resolution and the Pennsylvania Bar Association's Dispute Resolution Committee.
Maury B. Reiter, Managing Principal, and Chair of the Tax & Estates group, presented a continuing education program to the accountants at Muracco & Liuzzi, P.C. on Friday, July 22, 11. The program was entitled "Partnership and LLC Taxation." Mr. Reiter, who is also an accountant, has a broad-based business law practice including taxation, corporate and commercial law and estate planning and administration.
Joshua C. Quinter, a principal in the Construction Law group, will be presenting a program at the Metalcon International Construction Conference in Atlanta, Georgia on October 13, 2011. The program is titled "Evaluating and Dealing with Critical Issues in Construction Contracts", and is sponsored by the Metal Building Contractors and Erectors Association and the Metal Building Institute. The program will cover clauses affecting payment, provisions dealing with potential liabilities such as personal injury claims, and project entanglements such as indemnity and insurance issues. Mr. Quinter will discuss due diligence, the questions to ask up front, contract forms, mechanic's lien claims, surety bonds, various contractual provisions, insurance and indemnity clauses, and workers' compensation rules.
Kaplin Stewart's members continue their strong spirit of giving back year after year. Three of our own, Robert Korn, Lisa LaPenna and Julie Lund will be participating again in the annual 150 mile "Multiple Sclerosis: City to Shore Bike Ride." Robert Korn has been riding in this event for more than 20 years, this will be Lisa LaPenna's 9th year and Julie Lund's 2nd year. The ride, on September 24-25, 2011, takes place in New Jersey from Cherry Hill to Ocean City and back. Each year these dedicated riders raise significant sums of money to help local people living with this devastating disease. Kudos to our riders and to those waging war against M.S.!
Since the City to Shore Bike Ride is not enough of a challenge for Lisa LaPenna, she also rode in the Livestrong cancer ride in Montgomery County on August 21, 2011 and will ride the 5th Annual Bike Philly event on September 11, 2011. Somehow Lisa also managed to squeeze in getting married in August. Congratulations Lisa!
MAJOR VICTORY: CONSTRUCTION
Partners Andy Cohn and Bill Auxer recently won a victory in the Pennsylvania Commonwealth Court which affirmed on appeal a multi-million dollar arbitration award they won in favor of a structural steel subcontractor against a Berks County School District (Amthor Steel v Oley Valley School District). On December 10, 2010, the Commonwealth Court issued its opinion affirming the entry of judgment, which was in excess of $2,000,000, in favor of the steel subcontractor against the School District. The School District had withheld payment based on project delays which it claimed were caused by the steel subcontractor. However, an arbitration panel unanimously concluded that the project delay was caused by design deficiencies and other factors unrelated to the subcontractor's work. The panel also affirmed the decision of the arbitrators that the Pennsylvania Steel Act, which requires that steel products used on PA public projects be manufactured in the United States, does not require proof that any scrap steel from which those products were manufactured also originated in the United States. This is the only known PA state decision addressing this issue.
MAJOR VICTORY: LITIGATION
Sandhya M. Feltes, a principal in the Commercial Litigation group, recently prevailed in a case before the Third Circuit Court of Appeals (Jobe v. Argent Mortgage Company, No. 09-3677 (3d Cir. (Pa) April 2, 2010) which has expanded law in favor of lenders significantly. In a decision rendered by the Third Circuit Court of Appeals it was determined that residential borrowers must first prove that they have the ability and willingness to repay tender - the loan proceeds before a Court will consider rescinding the mortgage lien under the Truth in Lending Act. As a result, lenders now have an additional and potentially significant quiver in their defense against TILA rescission claims. A borrower who cannot or will not repay the loan proceeds may be precluded from rescinding the mortgage lien.
MAJOR VICTORY: LAND USE
Marc Kaplin, principal in the Land Use, Zoning & Development group, won a major victory for our client Berwind Properties Group ("BPG") in the case of Newtown Square East v. Zoning Hearing Board of Newtown Township, Delaware County, PA. Newtown Square East ("NSE"), and its principal Claude de Botton, filed an appeal of the Township of Newtown's Planned Residential Development Ordinance ("PRD") under which BPG had received approval to build a mixed use town center development on a tract of land in the Township. Mr. de Botton's appeal of the PRD Ordinance prevented PBG from proceeding with its development. BPG, as Intervenor in the lawsuit, filed a petition requesting the Court to require NSE to post a bond as a condition of proceeding with its appeal, based upon the frivolousness of the appeal. Common Pleas Court Judge Chad Kenney found in favor of our client BPG, calling de Botton's appeal to Commonwealth Court both "frivolous and cynical" and said that the appeal was nothing more than a "delaying tactic." On January 25, 2011, Judge Kenney upheld BPG's request for a bond and ordered de Botton to pay $1.3 million monthly during continuation of the appeal. The amount of the bond represents a pro-rated estimation of the damages BPG will suffer by not being able to proceed with the development while the appeal is pending. Such findings are considered very unusual given the high standard for proving an action to be frivolous.
George W. Broseman, principal in the Land Use, Zoning & Development group of Kaplin Stewart in Blue Bell, Pennsylvania won a major victory for the developer of a proposed 500,000+ square feet shopping center on 72 acres in Straban Township, Adams County, Pennsylvania. The Zoning Hearing Board had denied the developer's application for a special exception on three technical points relating to access for the shopping center. Mr. Broseman argued that the developer's plan complied with all of the Township's ordinances. Mr. Broseman also argued that a conflict existed in the ordinance where the rules applicable to one of the proposed businesses within the shopping center conflicted with the rules applicable to the shopping center as whole. Despite the Township's denial of the developer's application, Judge Michael George of the Adams County Court of Common Pleas gave the developer the go-ahead by reversing the decision of the Zoning Hearing Board and remanding the matter.
Mr. Broseman has a strong track record of success in securing development approvals in scores of municipalities throughout the Pennsylvania for a diverse group of clients including developers, educational institutions, religious institutions, clubs, other non-profit organizations, hospital, homebuilders and homeowners. He has won approvals from hundreds of zoning hearing boards, planning commissions, governing bodies, historical commissions, sewer and water authorities, and when necessary the courts. Mr. Broseman has achieved this level of success by carrying out the objectives of his clients with a combination of thorough preparation and seeking out practical solutions to often complex issues.
CONGRATULATIONS
We are pleased to announce that Adam D. Taylorhas become a partner of the firm. Mr. Taylor's practice involves all aspects of commercial real estate including acquisition, sale, leasing, property development, and finance transactions. Mr. Taylor has served as counsel to national, regional and local owners of multi-use properties, warehouses, industrial parks, retail facilities, shopping centers, and office buildings and complexes, in connection with the financing, leasing, management and operation of such properties. In addition, Mr. Taylor has represented both sellers and purchasers of multi-use, office and retail properties throughout the United States. Mr. Taylor's practice also includes entity formation ancillary to the real estate transactions work.
