National Law Journal: Despite Tragedy, Duty Is To The Living

In the January 6, 2013 edition of The National Law Journal, Sherman Silverstein shareholder Alan Milstein wrote about the legal and bioethical issues surrounding the difficult topic of determining when death occurs.

The article focused on two tragic cases recently in the news. At a hospital in Oakland, California, Jahi McMath, 13, underwent a tonsillectomy to cure her sleep apnea. A terrible chain of events led to her being declared brain dead. About a week before this incident, Erick Munoz found his wife Marlise, who was 14 weeks pregnant, unconscious and unresponsive on the floor. She too was declared brain dead. Both Erick and his wife were paramedics and had agreed neither would want to be sustained by machines if they were suffering from a condition without hope of recovery. A Texas state law regarding pregnant patients prohibited the ventilator to be disconnected.

Milstein tackled the issue of what legal or ethical obligation does a physician have to treat the dead in this timely, informative and heart-breaking opinion piece. CLICK HERE TO READ.

Abramowitz, Poslusny Bring Bankruptcy Practice to Sherman Silverstein

Sherman Silverstein announced today that Arthur J. Abramowitz and Jerrold N. Poslusny, Jr. have joined the firm as shareholders. They will lead the firm’s newly formed Bankruptcy, Insolvency & Workout practice group.

“We are excited to add two of the most experienced bankruptcy attorneys in New Jersey to the firm,” said Daniel J. Barrison, a shareholder and member of the firm’s management committee. “Arthur and Jerrold’s reputation in the bankruptcy bar precedes them. Their addition provides our corporate and business clients with greater depth in a critical area of practice.”

Abramowitz has substantial experience in various aspects of corporate reorganizations and workouts, as well as commercial litigation. He is past President of the Bankruptcy Section of the New Jersey Bar Association. Abramowitz brings nearly 40 years of practice experience and is well recognized by the business community in Southern New Jersey, as past President of the Greater Cherry Hill Chamber of Commerce.

Poslusny concentrates his practice in bankruptcy, insolvency and restructuring. He is a member of the American Bar Institute and presently serves on the Board of Trustees of the Camden County Bar Association.

Both attorneys join Sherman Silverstein from Cozen O’Connor, where Abramowitz was Senior Counsel and Poslusny was a Member of the firm.

O’bannon V. Ncaa – A Sports Illustrated & Unh School Of Law Town Hall

Shareholder Alan Milstein was a panelist on a program featuring a who’s who of leaders in the world of sports. The University of New Hampshire School of Law and Sports Illustrated presented “A Town Hall on O’Bannon v. NCAA,” on November 5, 2013 at the Franklin Pierce Center for Intellectual Property.

The Town Hall examined how a class action lawsuit against the NCAA could radically change college sports as we know it.  Through legal arguments sounding in intellectual property and antitrust, Ed O'Bannon—a former basketball star at UCLA—contends that current and former Division I men's basketball and football players should be paid for their image and likeness on television broadcasts, video games, trading cards, apparel and other commercial ventures. Collectively, these legal developments could lead to the compensation of college student-athletes and impact their unionization and quasi-employment rights.

Along with Milstein, the panel included: Charles Grantham, former Executive Director of the NBA Players Association; Professor Michael McCann, Director of the Sports and Entertainment Law Institute at UNH; Sonny Vaccaro, former marketing executive at Nike; Professor Alexandra Roberts, Executive Director of UNH Law’s Center for IP and a former litigator at Ropers & Gray; Marty Scarano, UNH Athletic Director.The program was moderated by B.J. Schecter, Executive Editor of Sports Illustrated.

Schwartz to Receive Jewish Federation’s Community Service Award

Shareholder Robert E. Schwartz received the H. Richard Dollinger Community Service Award at the 91st Annual Meeting of the Jewish Federation of Southern New Jersey on October 13, 2013. The Federation’s highest honor, the Community Service Award, is bestowed upon an individual or couple who have provided outstanding service to the Jewish community, along with exemplary leadership and dedication to Jewish communal life.

Schwartz recently served as president of the Jewish Federation. His involvement in the Federation dates back to his service on the Young Leadership Council. He has served on the Board of Trustees of Jewish Family and Children’s Service, and as President of JFCS. He has served on the Board of Directors of Jewish Senior Housing and Health Care Services, and on the Executive Committee of Lions Gate.

Texas Review of Entertainment & Sports Law Symposium on Fighting for Control in Entertainment and Sports

Shareholder Alan Milstein was a speaker and panelist at the Texas Review of Entertainment & Sports Law Symposium on Fighting for Control in Entertainment and Sports , held on September 13, 2013 at the University Of Texas School Of Law in Austin. Topics included athletes’ trademark rights, student athletes v. university litigation, broadcasting rights, and crowdfunding as a means of control.

Milstein was the featured speaker for “Clarett v. NFL: A Personal History,” describing his representation of Maurice Clarett against the National Football League. He also served as a panelist with Christian Dennie and Steven Esplanade, moderated by Pete Reid, for the program, “What’s In a Name? Athletes Asserting Their Trademark Rights.”

Resnick presented CLE on Insurance Coverage Litigation 2013

Shareholder Jeffrey Resnick spoke on Insurance Litigation Coverage 2013: Overcome Current Challenges and Disputes for the National Business Institute on November 21, 2013 in Cherry Hill, New Jersey. Resnick addressed topics that included causes of action/pleadings; expert and deposition strategies; and settlement and trial tactics for the experienced practitioner.

Milstein on the NFL concussion lawsuit settlement in the National Law Journal

In the September 9, 2013 issue of The National Law Journal , shareholder Alan Milstein wrote an opinion piece entitled “Brutality’s the Winner in the NFL Settlement.” Milstein, a regular contributor to the Sports Law Blog , addressed what the swift end to the concussion suits says about our thirst for hard-hitting entertainment.

Life-Saving Victory for Sherman Silverstein’s Litigation Group in Branco v. Reid

Sergio Branco, stricken with leukemia and in need of a life-saving bone marrow transplant, turned to Sherman Silverstein shareholder Jeffrey Resnick for help when his COBRA insurance was cancelled due to an inadvertent 26-cent shortfall on a payment.

As reported by Karin Price Mueller in The Star-Ledger , those 26 cents nearly cost Mr. Branco his life. The 33-year-old father of three received no help or guidance from his former employer, Russell Reid, or Paychex (which had cashed the COBRA monthly payment check for $518). Resnick, assisted by associate Leily Schoenhaus , filed a motion on the family’s behalf in the United States District Court for the District of New Jersey last week.

The transplant is scheduled for August 16. The Star-Ledger piece, published on, elicited more than 350 reader comments and 132 tweets on Twitter in the first 24 hours of publication.

Milstein takes on Walt Disney Company in Jungle Book Royalties Dispute

Shareholder Alan Milstein is representing the children of songwriter Terry Gilkyson in a lawsuit over royalties for the Oscar-nominated song “The Bare Necessities” from the Disney classic movie, The Jungle Book. The case has already received media attention from Law 360 and The Austin Chronicle since its mid-July filing.

In Law360 , Milstein is quoted as calling the case “an important one for all songwriters who have been deprived of the rightful fruits of their creative work.” The suit alleges Disney breached a contract mandating it pay the children royalties for their father’s music.

At issue are unpaid royalties from more than 4 million DVDs and videos sold. In the Austin Chronicle , Milstein clarifies the distinction between mechanicals and theatricals. The case is being watched carefully by intellectual property attorneys throughout the country.

Sherman Silverstein Congratulates John Kohl on his Retirement

After nearly four decades, John W. Kohl retired from the practice of law on June 30, 2013. Mr. Kohl’s Sherman Silverstein colleagues and his many valued clients wish him all the best in his retirement.

Advanced Estate Planning – Methods in Preserving and Transferring Wealth

Shareholder John R. Lolio Jr. was a presenter for a National Business Institute CLE on “Advanced Estate Planning – A Two Day Course on the Latest and Greatest Methods in Preserving and Transferring Wealth” in Atlantic City on July 15-16 and Cherry Hill, New Jersey on July 17-18, 2013. For more information on the program or subject matter, please contact John Lolio at Sherman Silverstein.

Kuchta Appointed to Board of Consultors for NJSBA Real Property Section

Angelique Kuchta , a shareholder in the Real Estate practice group at Sherman Silverstein, has been appointed to the Board of Consultors for the New Jersey State Bar Association’s Real Property Trust and Estate Law Section. The Board of Consultors is responsible for reviewing potential legislation and making recommendations for legislation and regulations to the New Jersey Supreme Court and the Bar Association.

She was installed at the NJSBA annual convention that took place on May 16, 2013 at the Borgata in Atlantic City. This prestigious appointment puts Kuchta in an important leadership role among real estate attorneys in New Jersey.

Kuchta’s real estate practice focuses on areas that include the acquisition, sale, development, and leasing of commercial real estate; commercial real estate financing (including construction loans), representing national and regional financial institutions and borrowers; public finance; and zoning and land use matters, representing real estate developers before municipal and county boards.

She earned her JD from the Dickinson School of Law at the Pennsylvania State University and a BA from the Indiana University of Pennsylvania. Kuchta is admitted to the practice of law in New Jersey and Pennsylvania.

A resident of Philadelphia, Pennsylvania, she is an active officer and board member of her local civic association and is on the real estate committee of a Philadelphia food cooperative. She also is a volunteer counsel and court-appointed guardian for abused and neglected children, through the Support Center for Child Advocates.

LLC or INC? Entity Selection for a Small to Medium Sized Business

David Silverman presented a National Business Institute CLE on “ LLC or INC? Entity Selection for a Small to Medium Sized Business ” in Atlantic City, New Jersey on December 18, 2012. The course was designed to help clients select the business structures that fit their specific needs. For more information on the program or the subject matter, please contact David at Sherman Silverstein.

Litigating Insurance Coverage Claims: From Start to Finish

Shareholder Jeffrey Resnick was a presenter for the National Business Institute CLE on “Litigating Insurance Coverage Claims: From Start to Finish” in Cherry Hill, New Jersey on December 13, 2012. The course helped attorneys build a solid foundation for an insurance litigation practice. For more information, please contact Jeffrey at Sherman Silverstein.

Litigation in Divorce Requires Lawyer-Accountant Interplay

The Legal Intelligencer’s Family Law Supplement featured an article co-authored by Sherman Silverstein shareholder Matthew Podolnick and Michael Saccomanno of accounting firm Friedman LLP on the necessary interplay that exists in divorce litigation between lawyer and accountant.

SJ Magazine “Top Attorneys” Listing Highlights Sherman Silverstein in 15 Areas of Practice

In the 2012 SJ Magazine “Top Attorneys” listing, Sherman Silverstein attorneys were singled out for excellence in 15 different areas of practice. Lawyers on the “Top Attorneys” list were voted by their peers in South Jersey as the individuals they would choose to “lead them into battle.”

Commercial – Daniel Barrison

Debt Collection – Bruce Luckman

Divorce Mediation – Matthew Podolnick

Franchise & Distribution – David Silverman

Healthcare – Thomas Tamburelli

Mediation – Zev Rose

Municipal Court – Jeffrey Resnick

Pension & Profit Sharing – John Kohl

Product Liability – Alan Milstein

Real Estate – Robert Schwartz

School – Edward Hovatter

Trial – Jeffrey Resnick

Wills, Estates & Trusts – John Lolio

Zoning & Land Use – Rhonda Feld

Podolnick Serves as Managing Mediator for Atlantic & Cape May County SJ Mediation Center

Shareholder Matthew Podolnick , chair of the firm’s Divorce and Family Law Practice Group, is serving as the Managing Mediator for the Atlantic & Cape May County Offices of the South Jersey Mediation Center . To learn more about the SJ Mediation Center and Sherman Silverstein’s mediation services, please contact Matt for more information.

Milstein Weighs in on NCAA Sanctions of Penn State

Sports attorney Alan Milstein was interviewed by numerous print, radio and television journalists following the NCAA announcement of sanctions imposed on Penn State University in the wake of the Jerry Sandusky child sex abuse scandal. In comments widely published by Reuters, Milstein said he agreed with much of the penalty but faulted the NCAA's decision to reduce scholarships and impose a hefty fine. "I don't know how you can say that money does not come out of essentially the students' pockets, whether it results in increased tuition or a lessening of academic services." He appeared locally on WCAU-TV (Channel 10). Milstein’s national imprint in the world of sports includes taking on the National Football League over eligibility requirements, among his sports law representations.

Milstein Quoted in New England Journal of Medicine on Justice for Injured Research Subjects

Shareholder Alan Milstein was quoted in the July 2012 New England Journal of Medicine . He addresses the topic of Justice for Injured Research Subjects , in a piece by Carl Elliott, M.D., Ph.D.

Milstein Leads Seminar on Bioethics: A Legal, Medical and Theological Perspective in Philadelphia, July 23

Alan Milstein was the course planner and speaker for Bioethics: A Legal, Medical and Theological Perspective , which took place on July 23, 2012 in Philadelphia. The three-hour continuing legal education program was presented by the Pennsylvania Bar Institute. CLICK HERE to download the complete seminar brochure. 

The faculty also included:

Aaron D. Bannett, MD, MBA
Founder, Organ Transplant Program & former
Chairman of Surgery, Albert Einstein Medical Center

Peter J. Colosi, Ph.D.
Assistant Professor of Moral Theology, St Charles
Borromeo Seminary, Wynnewood

Kevin J. Doyle, MD
The Heart Center, Glen Burnie, MD

Frank M. McClellan, JD, LLM
Professor of Law Emeritus, Temple University James
E. Beasley School of Law, Philadelphia

Reverend Robert J. McFadden
Resurrection Baptist Church, Philadelphia

Feld Provides Financing Guidance to Solar System Project

Shareholder Rhonda Feld took part in the ribbon-cutting ceremony on March 28 th to announce the commissioning of a photovoltaic solar panel system (PV) installation project at the Avian Plaza Shopping Center in Voorhees, New Jersey. Feld's client is the owner of Avian Plaza. The solar system is the largest installation to date in Voorhees Township. The system was developed and installed by National Energy Partners, LLC.

Solar System Project Team
Sherman Silverstein Named to Fortune Magazine "Top Ranked Law Firms"

Sherman Silverstein is proud to have been named to the 2012 "Top Ranked Law Firms" in the United States, according to research conducted by LexisNexis® Martindale-Hubbell®.

In order to qualify for the Top Ranked Law Firms listing, a law firm of 21 or more attorneys must have at least one out of every three lawyers achieving the AV Preeminent Peer Review Rating, indicating the rated lawyer has been deemed by his or her peers to have demonstrated the highest level of ethical standards and legal ability. Sherman Silverstein is the only Southern New Jersey-based law firm to be included in this year's listing, which is comprised of 1,000 law firms among 254,000 rated by Martindale-Hubbell.

The Philadelphia Inquirer: Alan Milstein’s Op-Ed on Denying Coverage Often Means No Access

In the Sunday edition of The Philadelphia Inquirer on March 11, 2012, Alan Milstein’s opinion piece, entitled Denying coverage often means no access was featured.

NYU Law School Panel Addressing College Athletics

On November 14, Sherman Silverstein shareholder Alan Milstein provided some provocative commentary about the NCAA and treatment of college athletes during a New York University School of Law Sports Law Panel on College Athletics. Milstein was joined on the panel by Craig Esherick, former head coach of the Georgetown Hoyas men's basketball team and head of the Sports Management program at George Mason University, Dr. Constance Zotos, former Athletic Director at Drew University, and Seth Wickersham, a writer for ESPN The Magazine. The panel discussion was moderated by Professor Robert Boland of the NYU School of Continuing and Professional Studies.

Schwartz to be Reinstalled as Jewish Federation of Southern New Jersey President

Robert Schwartz , a co-managing shareholder of the Firm, was installed for a second term as the president of the Jewish Federation of Southern New Jersey at its 89th Annual Meeting on October 23, 2011.

Resnick Honored with Next Generation New Leaders Award

Shareholder Jeffrey Resnick , a member of the Katz Jewish Community Center Board, recently received the Alan Klein Next Generation New Leaders Award for his work on behalf of the Katz JCC and the Jewish Federation of Southern New Jersey.

Resnick to Speak on Litigation Insurance Coverage Claims for National Business Institute

Jeffrey Resnick , a shareholder and member of the Firm’s Litigation Group, presented the NBI continuing legal education program, “Litigating Insurance Coverage Claims: From Start to Finish,” in Cherry Hill, New Jersey on December 15, 2011. For more information and to register for this CLE, visit .

Sherman Silverstein Attorneys Receive High Marks in SJ Magazine Survey

In the SJ Magazine “Top Attorneys 2011” issue, eight Sherman Silverstein shareholders were named in the annual poll, including Daniel Barrison (Mergers & Acquisitions), Rhonda Feld (Zoning & Land Use), Edward Hovatter (Real Estate), Jeffrey Resnick (Business Litigation), Robert Schwartz (Real Estate), David Silverman (Labor & Employment), and Thomas Tamburelli (Health Care).

Merck Sued Over Side Effects from Finasteride / Propecia

The Philadelphia Inquirer recently reported on a law suit filed against Merck & Co. Inc. in federal court in Camden, New Jersey by attorney Alan Milstein . Read more...

Milstein To Speak at Yale and University of Virginia Law Schools

Shareholder Alan Milstein spoke at the Yale Law School on April 4th on current issues in sports law. On April 11th, he appeared at the University of Virginia Law School to speak on ethical issues in human subject research.

Milstein Quoted In BNA’s Medical Research Law & Policy On Parkinson Patient Suing For Negligence Over Catheter Misplacement During Medical Study

Shareholder Alan Milstein is quoted in the February 16, 2011 issue of BNA’s Medical Research Law & Policy Report discussing Zeman v. Williams , a case in which a Parkinson’s patient is suing for negligence over the misplacement of a catheter during a medical study.

‘‘Like other cases I have brought, this is really an action to protect the rights of human subjects to be fully informed before participating in clinical trials and to be fully advised of the results of any such experiments,” states Milstein.

Sherman Silverstein Announces Move To Moorestown – Effective February 1, 2011 New Jersey Office

After more than 40 years in Cherry Hill and Pennsauken, Sherman Silverstein is pleased to announce that the firm’s New Jersey office will relocate to Moorestown, effective February 1, 2011. The new offices provide increased space in an ideal location. The East Gate Corporate Center is located near the Moorestown Mall, just off Route 38 and minutes from I-295 and the New Jersey Turnpike. The offices are easily accessible by public transportation. Free parking is readily available. Our phone number remains the same.

East Gate Corporate Center
308 Harper Drive, Suite 200
Moorestown, New Jersey 08057
(856) 662-0700

Schwartz Installed As Jewish Federation Of Southern New Jersey President

Co-managing shareholder Robert Schwartz was installed as president of the Jewish Federation of Southern New Jersey at its 88th Annual Meeting on October 24, 2010 at the Katz Jewish Community Center in Cherry Hill, New Jersey. Click here to view the press release.

Podolnick Completes Divorce Mediation Training

Shareholder Matthew Podolnick , chair of Sherman Silverstein’s Divorce and Family Law Practice Group, recently completed Divorce Mediation training through the Rutgers School of Law, Rutgers–Camden Mediation Center in New Jersey.

At the conclusion of this extensive 40-hour training program, Mr. Podolnick received a certification signifying that he completed the rigorous curriculum. Mr. Podolnick now possesses the skills for assisting in mediation as a forum for resolving divorce and family law disputes.

Divorce mediation is a process to resolve disputes between parties outside of the court system. As a mediator, Mr. Podolnick is impartial and focuses his skills to assist the parties to identify the issues in dispute, develop solutions and reach an agreement. These mediation proceedings take place at the offices of Sherman Silverstein.

Mediation as a form of alternative dispute resolution is completely confidential. It provides a cost-effective means for resolving challenging issues in a manner that also can save parties time and the strain of litigation.

Feld Appointed As Trustee To Burlington County College Foundation Board

Shareholder Rhonda Feld was recently appointed as a trustee to the Burlington County College Foundation Board.

Burlington County College is an accredited, co-educational, public community college with campuses in Pemberton Township and Mount Laurel, New Jersey. Founded in 1966, it is the only institute of higher learning in Burlington County, with more than 7,500 students enrolled each year.

Schwartz Appointed Co-Chair For The Jewish Federation Real Estate Program

Co-managing shareholder Robert Schwartz is the co-chair for the Jewish Federation Real Estate (JFRE) program. Recently, a delegation of 30 professionals from Southern New Jersey, working in real estate or real estate related industries, joined colleagues from Philadelphia for the inaugural event of the JFRE program. The event was held on June 9 at the new (under construction) National Museum of American Jewish History.

Milstein On The Sports Law Blog: Perfection Is In The Eye Of The Beholder

Shareholder Alan Milstein recently contributed a post to the Sports Law Blog -- All Things Legal Relating to the Sports World - following the blown calls that cost Detroit Tigers pitcher Armando Gallarraga a perfect game, and an officiating miscue that could have proven costly in the National Hockey League's Stanley Cup Finals. The popular sports blog has been honored by Fast Company as one of Three Best Sports Business Blogs and by the American Bar Association Journal as a Top 100 Law Blog.

In March, Milstein spoke on a Vermont Law School Panel on Age Limits in Pro Sports with Mike Zarren, the Boston Celtics' assistant general manager and associate counsel; Ryan Rodenberg, an assistant professor at Florida State University's Department of Sport Management, former counsel at Octagon sports agency, and author of articles on age limits in the NBA, professional tennis, and the LPGA; and Chris Brown, President of the Basketball and Entertainment Divisions of the Boston-based Orpehus Sports and Entertainment.

ESPN The Magazine Quotes Milstein on Genetic Testing of Athletes

An article by Shaun Assael in the October 2009 issue of ESPN The Magazine , discusses how a new law designed to protect the genetic information of employees across the country is putting Major League Baseball on a collision course with the federal agency in charge of enforcing the law. Alan Milstein , an often cited legal source in the world of professional sports, gives his take on the subject.

Sherman Silverstein Continues Support of Limuru Children’s Centres in Kenya, Africa

Sherman Silverstein is proud to announce its silver level sponsorship of the Limuru Children’s Centres in Kenya.

The Limuru Children’s Centres are located in the highlands of Kenya about one hour north of Nairobi. Currently there are two Centres employing a total of 14 teachers or caregivers with 6 volunteers. The Main Centre cares for 41 boarders and an additional 100 children come each day for lunch after public primary school - who would otherwise go hungry. All are supplied with food, school uniforms, shoes, school bags and transportation. The Firm encourages others to support this worthy cause.

Rose Reelected to Susquehanna Bancshares and Jewish Senior Housing Boards

M. Zev Rose was recently reelected to serve on the Board of Directors of Susquehanna Bancshares, Inc. and its subsidiaries, Susquehanna Bank, Valley Forge Asset Management Corp., Stratton Management Company, Semper Trust Company and Boston Service Company, Inc., d/b/a/ Hann Financial Service Corp. Rose also was reelected to the Board of Trustees of Jewish Senior Housing and Healthcare Service, an agency of the Jewish Federation of Southern New Jersey , a 503(c)(3) Non Profit Corporation.

Milstein Addresses NAACP’s Centennial Convention

On July 13, 2009, Sherman Silverstein shareholder Alan Milstein was a speaker at the NAACP ’s Annual Convention in New York. This year’s convention, entitled “NAACP: 100 Years – Bold Dreams, Big Victories was an event of national signifcance. Milstein spoke on the topic of “Race, Health and the Law.”

Angelique Kuchta Elected Shareholder

Sherman Silverstein is pleased to announce that on January 1, 2009, Angelique Kuchta was elected a shareholder of the Firm.

Archive Part 2