Announcements - Law Firm Lum, Drasco & Positan LLC Attorneys Roseland, New Jersey

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Wayne J. Positan will moderate the Annual NJ ICLE Labor Law Forum which takes place at the NJ Law Center in New Brunswick, NJ on Tuesday, March 6, 2012. Among the speakers on the panel are NJ Commissioner of Labor Harold Wirths, NLRB Regional Director Michael Lightner, Former Justice Roberto Rivera-Soto, and Judges Peter Bariso, Joel Schneider and Thomas P. Olivieri, and a blue ribbon panel of labor and employment attorneys including Christina Silva. Programs include "Ethical Considerations for Labor and Employment Lawyers", the "Annual Employment Law Update"; "Mediation of Employment Cases", "Litigating Employment Cases in Federal Court - What's Different", and "Hot Topics and Tactics in Employment Law Trials".
Jane S. Kelsey has been appointed to the NJ Supreme Court Committee on Model Civil Jury Charges, for the 2010-2012 term
Kevin F. Murphy presented at a program entitled "LLC or INC.? Entity Selection for a Small to Medium Sized Business" on December 12, 2011 at the Newark Airport Sheraton, sponsored by the National Business Institute. Topics included S Corporations in Detail and the Process of Incorporation vs. LLC Formation.
On October 28, 2011, Steven J. Eisenstein conducted a Lunch N' Learn seminar entitled "There's Green in Green". The program was held from 12:00 until 2:00 pm at the firm office in Roseland, NJ. Continuing Professional Education (CPE) Credits were issued to attending Certified Public Accountants.
Cynthia A. Matheke presented at a program entitled "Applying the Rules of Evidence:What Every Attorney Needs To Know" on October 14, 2011 at the Newark Airport Sheraton, sponsored by the National Business Institute. Ms. Matheke will also be a guest lecturer at Rutgers School of Law's "Evidence Intensive" series throughout the month of October.
The firm is pleased to announce that seven of our attorneys have been named in the 2012 edition of "The Best Lawyers in America".

The following attorneys have been named Best Lawyers:

Dennis J. Drasco
Commercial Litigation
Litigation - Construction
Litigation - Land Use & Zoning

Wayne J. Positan
Employment Law - Management
Labor Law - Management

Paul A. Sandars III
Commercial Litigation
Construction Law
Litigation - Construction

Jane S. Kelsey
Medical Malpractice Law - Plaintiffs

Cynthia A. Matheke
Personal Injury Litigation - Defendants
Personal Injury Litigation - Plaintiffs

Christina Silva
Employment Law - Management
Labor Law - Management
Litigation - Labor & Employment

Philip L. Chapman
Corporate Law
Real Estate Law
Jane S. Kelsey spoke at an ICLE program entitled "Hot Tips for Civil Litigators:2011" on September 17, 2011. Jane addressed Choice of Law - Revisited- and Statute of Limitations Pitfalls.
Kevin F. Murphy, authored an article entitled, "Buy-Sell Agreements Should Be Reviewed" in the FindLaw KnowledgeBase highlighting the implications of the recent Estate of Cohen v. Booth Computers decision .
On September 21, 2011 a seminar titled "Tax Consequences of Divorce" was presented by Richard Camp, Kevin F. Murphy and Gina M. Sorge.
Wayne J. Positan authored an article titled "Perceptions: Are You What You Appear to Be? Is What They See What They Get?" in the book "Rantings of a Partner... and Pushback from the Associate" published in August, 2011 by the ABA/ABA Section of Litigation. For a reprint of the article, click here.
Managing Partner, Wayne J. Positan, was featured in an article entitled, "Working Knowledge" published in the April edition of New Jersey Super Lawyer Magazine. You can view the full article by clicking here.
Wayne J. Positan has been elected to a three-year term as New Jersey State Delegate to the American Bar Association House of Delegates, and thus, a member of the ABA Nominating Committee. He has also been appointed to a third term as Chair of the ABA Center for Professional Responsibility/ABA Section Officers Conference Joint Committee on Ethics and Professionalism, and as a member of the Coordinating Council of the ABA Center for Professional Responsibility. Positan has been appointed as Co-Chair of the Fellows of the ABA Section of Litigation for 2011-2012. He will also continue as a member of the ABA House of Delegates Committee on Issues and Concerns, and the ABA Standing Committee on Strategic Communications.
Wayne J. Positan has been elected a Fellow of the Litigation Counsel of America, and will be inducted in Boston in October, 2011.
Jane S. Kelsey is speaking at an ICLE program entitled "Hot Tips for Civil Litigators:2011" on September 17, 2011. Jane will address Choice of Law - Revisited- and Statute of Limitations Pitfalls.
Dennis J. Drasco was elected President of the Legal Services Foundation of Essex County, Inc. for a 2 year term of 2011 -2013.
Kevin F. Murphy is presenting at a program entitled "Tax Exempt Organizations From Start To Finish" on August 5, 2011 at the Newark Airport Sheraton, sponsored by the National Business Institute. Cutting edge topics shall include Liability of Trustees and Officers, Handling Contributions and Tax Deductions and Advising on Operational Issues.
Chambers USA "America's Leading Lawyers for Business" 2011 Edition has named Dennis J. Drasco and Wayne J. Positan as "Band One Leading Individuals"; Drasco for General Litigation; Positan for Labor and Employment. Chambers USA stated the following: "Dennis Drasco heads a team of litigators and is renowned for having captured "the utmost respect of both the Bar and the bench". He has recently been inducted into the American College for Trial Lawyers and its international equivalent, and taken a close role in construction, breach of contract, and predatory lending disputes. "Smart, practical and thoughtful." Wayne Positan and The Firm Labor Group, which garnered "Band Three recognition" as a group: "THE FIRM. This team brings experience working with public and private sector entities on a wide range of traditional labor matters. Members of the eight-strong practice are also highly adept at tackling challenging employment litigation defense, as well as non-contentious human resources counseling. Recently, it has been involved in a host of whistleblowing, discrimination and harassment claims, as well as more niche matters such as minority shareholder disputes. Sources say: "A high quality group that excels in covering all the bases-it has a fantastic reputation." KEY INDIVIDUAL. Wayne Positan is the team's leading individual, with sources acknowledging his "savvy litigating, excellent relationship building skills" and his talent for "getting things done." He oversees the work of the group and covers all angles of employment litigation, labor relations, and mediation operations."
Jane S. Kelsey, authored an article entitled, " Good Faith Effort and the Affidavit of Merit " in the New Jersey Law Journal, May 30, 2011. You can view the full article by clicking here.
Paul A. Sandars III is presenting at a program entitled "Employee v. Independent Contractor in New Jersey" on July 20, 2011 in East Hanover, New Jersey sponsored by Lorman Educational Services. The program will provide practical answers to cutting edge questions regarding classifications between employees and independent contractors. The seminar will focus on how to respond to government audits, redetermination issues, administrative hearings, and appeals.
Ruth Kim has been appointed the Co-Chair of the Young Lawyers Division Subcommittee of the Family Law Section-NJ State Bar Association
Kevin F. Murphy and Morris County Surrogate, John Pecoraro, conducted a seminar entitled "Demystifying the Probate Process in Morris County" on Thursday May 19, 2011 at Fairleigh Dickinson University Florham-Madison Campus, in the Rutherford Room (Ferguson Recreation Center).
On May 12, Kevin F. Murphy spoke at the O. Berk Company Family Business Forum at Fairleigh Dickinson University on "Kickstarting Entrepreneurship-Startup America".
The firm is pleased to announce that nine of our attorneys have been recognized in the 2011 listing "New Jersey SuperLawyers" by Thomson Reuters which is published in the April 2011 issue of New Jersey Monthly Magazine. The "SuperLawyers" designation is received by only the top 5% of practicing attorneys in the State and is based on balloting of over 35,000 active attorneys in the State.

Dennis J. Drasco was listed as one of the Top 10 SuperLawyers in the State.

Dennis J. Drasco and Wayne J. Positan, were listed among the Top 100 SuperLawyers in the State. The Top 100 listing is comprised of attorneys who received the highest point totals.

Cynthia A. Matheke and Jane S. Kelsey were listed among the Top 50 Female SuperLawyers in the State for 2010. Ms. Matheke and Ms. Kelsey both received special recognition as SuperLawyers in the field of Plaintiff's Personal Injury and Medical Malpractice Law.

The following attorneys have received SuperLawyers recognition for 2011:

Dennis Drasco for Business Litigation

Wayne Positan for Employment Litigation/Defense

Paul Sandars for Construction/Surety

Jane Kelsey for Personal Injury Plaintiff-Medical Malpractice

Cynthia Matheke for Personal Injury Plaintiff-Medical Malpractice

Kevin O'Connor for Business Litigation

Christina Silva for Employment and Labor

Gina Sorge for Family Law

Philip Chapman for Business/corporate

Additionally, the firm is pleased to announce that the following attorneys with the firm have received SuperLawyers recognition for 2011 as "Rising Stars":

Chris Capone for Employment and Labor

Bernadette Condon for Business Litigation

Elizabeth Moon for Employment and Labor

Arthur Owens for Business/Corporate

Scott Reiser for General Litigation

Dan Santarsiero for Employment and Labor

Ruth Kim for Family Law

Wayne J. Positan was elected to a three-year term on the Boston University Alumni Council commencing in August, 2010, and has been asked by Dean Virginia Sapiro of the Boston University College of Arts & Sciences to serve for a second year on the Selection Committee for the Collegium of Distinguished Alumni of the College of Arts & Sciences. Positan was elected to the Collegium in 2009.
Wayne J. Positan and Christina Silva were listed in the March 2011 edition of The American Lawyer "Best Lawyers" Annual Guide to Labor and Employment Lawyers.
Chambers USA America's Leading Business Lawyers 2011 has once again selected Wayne J. Positan, for Labor and Employment Law; and Dennis J. Drasco, for Business Litigation for inclusion, along with the firm's Labor, Employment and Government Group. Positan has been listed by Chambers USA as a First Tier Labor and Employment Lawyer since the inception of the publication in 2003.
Wayne J. Positan presented a program on Ethical Issues for Labor and Employment Lawyers at the quarterly meeting of the Association of New Jersey Management Attorneys at Forsgate Country Club on March, 24, 2011.
Elizabeth Moon and Daniel Santarsiero have teamed up with the NJSBA's Military Legal Assistance Program to provide pro bono legal representation to New Jersey residents deploying from military service in Iraq and Afghanistan. Elizabeth and Daniel have assisted returning soldiers with various family law challenges such as domestic violence and child custody.
Steven Eisenstein successfully argued the case of Investors Savings Bank v. Waldo Jersey City, LLC before the New Jersey Appellate Division. In a case of first impression, the Appellate Division held that a waiver in a loan agreement prohibiting the borrower from bringing counterclaims is void and that the borrower may bring suit against the bank for breach of the loan agreement. The matter was sent back to the Law Division for trial and is currently pending.
Steven Eisenstein spoke at the New Jersey Self Storage Association convention at the Woodbridge Hilton on March 24, 2011. The topic of his speech was his recent victory in New Jersey Division of Fire Safety v. Storage Station, a case of first impression in which he established that self storage centers have been improperly classified as warehouses under the fire use codes and are exempt from paying the fees assessed against warehouses.
Wayne J. Positan was the organizer and moderator of the Annual NJ ICLE Labor Law Forum which took place at the Pines Manor in Edison, NJ on Tuesday, March 15, 2011. Among the speakers on the panel were NJ Commissioner of Labor Harold Wirths, NLRB Regional Director Michael Lightner, Judges Peter Bariso, Harriet Klein and Vincent LeBlon, and a blue ribbon panel of labor and employment attorneys. Programs included "Ethical Considerations for Labor and Employment Lawyers", which included a presentation by Positan on multijurisdictional practice of law issues; the "Annual Employment Law Update"; "The Use of Technology in Discovery and Trials"; "Confidentiality and Non-Competition Law and Litigation", and "Hot Topics and Tactics in Employment Law Trials". Christopher J. Capone of Lum, Drasco & Positan LLC was one of the panelists on the "Confidentilaity and Non-Competition Law and Litigation" program.
Wayne J. Positan has been elected to a three year term as State Delegate from New Jersey to the ABA House of Delegates, starting at the conclusion of the ABA Annual Meeting in August, 2011. The State Delegate leads the New Jersey delegation to the ABA House of Delegates and serves on the ABA Nominating Committee.
Christina Silva won a verdict of no cause in favor of Defendants against the Plaintiff in the case of Gary Pacelli v. County of Passaic, the Passaic County Police Academy and Police Academy Director, Robert A. Lyons, in a 6-day jury trial conducted in December 2010, in Passaic County on a claim of disability discrimination and harassment under the New Jersey Law Against Discrimination.
Kevin F. Murphy presented on Thursday, December 2, at the 2010 Continuing Professional Education (CPE) Seminar: Implications of Changes in Current Tax Laws and a Primer on GRATS. He will speak on the ramifications of the repeal of the Bush tax cuts. The program is sponsored by the Archdiocese of Newark and was held at The Archdiocesan Center, 171 Clifton Avenue, Newark, New Jersey.
On November 18, Kevin F.Murphy spoke at the O. Berk Company Family Business Forum at Fairleigh Dickinson University on the corporate tax aspects of the Small Business Jobs Act of 2010. Please click here for an outline.
At the ABA National Symposium on the American Jury held at George Washington University Law School on October 21 and 22, Dennis J. Drasco received the 2010 ABA Jury Service Impact Award. Previous recipients include Chief Judge Judith Kaye of New York, Former ABA President Robert Grey and Tom Munsterman of the National Center For State Courts
On September 23, 2010, the firm's Labor and Employment Group conducted a seminar and panel discussion entitled "A Best Practices Approach to Employment Law Compliance". The seminar was held from 7:30 until 9:30 am at Fairleigh Dickinson University in Madison, NJ. Managing Partner Wayne J. Positan moderated. Christina Silva presented on The Value of an Effective Anti-Harassment Policy; Daniel M. Santarsiero addressed Monitoring Employee Communications: The Delicate Balance Between an Employer's Right to Review and the Employee's Right to Privacy; Elizabeth Y. Moon outlined the latest developments regarding Handling Employee Complaints to Avoid a Retaliation Claim; and Christopher Capone advised on the importance of Protecting Your Intellectual Property.
Kevin F. Murphy and Morris County Surrogate, John Pecoraro, will conduct a seminar entitled "De-Mystifying the Probate Process in Morris County" on Wednesday, October 27, 2010 from 11:00 a.m. to 12:00 p.m. at Fairleigh Dickinson University Florham-Madison Campus, in the Rutherford Room (Ferguson Recreation Center).
Kevin F. Murphy, authored an article entitled, "The IRS Gets Its Swagger on When It Comes to IRA Beneficiary Trusts" in the New Jersey Law Journal, August 16, 2010.
Incoming Chair of the ABA House of Delegates Linda Klein has appointed Wayne J. Positan to the ABA House of Delegates Committee on Issues of Concern to the Legal Profession. The charge to the Committee is to identify issues of concern to the legal profession and effectively engage the House of Delegates in full debate of these issues.
Wayne J. Positan was selected as one of eight New Jersey attorneys included in the Management Labour & Employment 2010 list published by Who's Who Legal's "The International Who's Who of Business Lawyers."
Wayne J. Positan has been appointed by Boston University to the Boston University Alumni Council. The BU Alumni Council is an advisory group of 35 volunteer leaders from around the world dedicated to engaging and enhancing alumni connections with Boston University and other alumni.
Paul A. Sandars III has been reappointed to the Council of the Litigation Section of the American Bar Association.
Wayne J. Positan, managing partner, along with partner, Dennis J. Drasco, have been listed in the Chambers USA Guide, one of the world's most recognized guides for ranking leading law firms and attorneys. Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client.
Cynthia Matheke participated as a faculty member for the Inaugural Trial College sponsored by the American Board of Trial Advocates that took place on the campus of Princeton University from June 6 through June 10, 2010. The trial college brought together leading trial attorneys from across the nation and likewise attracted a national student body. The culmination of the college was a one day mock trial held before the Honorable John Bissell, U.S. District Court Judge for the District of New Jersey (ret.)
The prestigious 2010 Alfred C. Clapp Award for Excellence in Continuing Legal Education was awarded to Wayne J. Positan, Managing Director. The award was presented at the New Jersey Law Center in New Brunswick on June 28, 2010.
Wayne J. Positan served as Co-Chair of the American Jewish Committee's Learned Hand Awards Dinner in honor of Stephen Orlofsky and Marc Citron at the Hyatt Regency in Princeton on May 27, 2010.
Arthur M. Owens has been appointed to the Executive Committee of the Young Lawyers Division-NJ State Bar Association
Jane S. Kelsey has been installed as President of the Essex County Bar Association for the 2010-2011 term.
Jessica L. Di Bianca has been recognized by the Essex County Bar Association with the 2010 Young Lawyer's Achievement Award.
The firm is pleased to announce that ten of our partners have been recognized as "2010 SuperLawyers" by Law & Politics and the publishers of New Jersey Monthly Magazine in the April 2010 issue, based on balloting of over 35,000 active attorneys in the State. The "SuperLawyers" designation is received by only the top 5% of practicing attorneys in the State.

Wayne J. Positan was listed as one of the Top 10 Superlawyers in the State.

Dennis J. Drasco and Wayne J. Positan, were listed among the Top 100 SuperLawyers in the State. The Top 100 listing is comprised of attorneys who received the highest point totals. Mr. Drasco received special recognition as a SuperLawyer in the field of Commercial Litigation. Mr. Positan received special recognition as a SuperLawyer in the field of Employment and Labor Law.

Cynthia A. Matheke and Jane S. Kelsey were listed among the Top 50 Female SuperLawyers in the State for 2010. Ms. Matheke and Ms. Kelsey both received special recognition as SuperLawyers in the field of Plaintiff's Personal Injury and Medical Malpractice Law.

Walter J. Fessler received special recognition as a SuperLawyer in the field of Business and Corporate Law.

Paul A. Sandars III received special recognition as a SuperLawyer in the field of Construction and Surety Law

Kevin J. O'Connor received special recognition as a SuperLawyer in the field of Commercial Litigation.

Philip L. Chapman received special recognition as a SuperLawyer in the field of Business and Corporate Law.

Gina M. Sorge received special recognition as a SuperLawyer in the field of Family Law.

Christina Silva received special recognition as a SuperLawyer in the field of Employment and Labor Law

The Firm is also pleased to announce that the following attorneys have been recognized as 2010 "Rising Stars" in the New Jersey Super Lawyers issue of New Jersey Monthly magazine

Christopher J. Capone was recognized as a Rising Star in the field of Employment and Labor Law.

Bernadette H. Condon was recognized as a Rising Star in the field of Business Litigation.

Daniel M. Santarsiero and Jessica L. Di Bianca have been recognized as a Rising Stars in the field of General Litigation.

Arthur W. Owens was recognized as a Rising Star in the field of Business and Corporate Law.

Elizabeth Y. Moon was recognized as a Rising Star in the field of Government, Cities, and Municipalities Law.
Dennis J. Drasco and Kevin J. O'Connor were recognized as SuperLawyers in the 2010 Corporate Counsel Edition of Superlawyers, published by the New Jersey Law Journal
The firm is pleased to announce that five of its members have been recognized in the 2010 Edition of The New York Area's Best Lawyers, published by ALM in association with the New York Law Journal. The listing appears in the December 2009 issue of New York Magazine.

Dennis J. Drasco, Commercial Litigation and Construction Law

Wayne J. Positan, Labor and Employment Law

Paul A. Sandars III, Commercial Litigation and Construction Law

Cynthia A. Matheke, Personal Injury Litigation

Jane S. Kelsey, Medical Malpractice Law

Wayne J Positan has served as a member of the Governor Chris Christie Transition Team as a member of the Subcommittee on the Division of Law and Public Safety. Positan reviewed and was involved in the preparation of reports and recommendations to the new Governor regarding the Division of Law; the Division on Civil Rights, and the State Athletic Commission