Author: Gibbons P.C.

Gibbons Congratulates 2022 Class of Directors

Gibbons P.C. is pleased to announce that three attorneys from the firm’s Commercial & Criminal Litigation Group have been named Directors, effective January 1, 2022. All are resident in the firm’s Newark office. “We are incredibly proud of this year’s class of new Directors,” said Patrick C. Dunican Jr., Chairman and Managing Director of Gibbons. “These outstanding, up-and-coming attorneys have proven to be exceptional assets to the firm and its clients, and we are confident that their contributions will be even greater as they take on the increased responsibilities of their new roles.” “Having been their practice group Chair for the past several years, I am well aware that Annie, Charlotte, and Josh possess all of the qualities that define a Gibbons Director,” noted Peter J. Torcicollo, Co-Chair of the firm’s Commercial & Criminal Litigation Group and incoming Managing Director. “With their well-deserved promotions and new, higher profiles, they will be excellent representatives of the firm as they continue to develop in their careers.” The attorneys promoted to Director are: Anne M. Collart Ms. Collart is an experienced and trusted counselor who has represented individual and corporate clients in a variety of criminal and civil matters. Her white collar criminal defense practice includes trial and appellate matters, and she has argued cases in both federal...

Gibbons Announces New Leaders for Commercial & Criminal Litigation Group

Gibbons P.C. is pleased to announce that longtime firm Directors Frederick W. Alworth, Jennifer A. Hradil, and Thomas R. Valen have been named to new leadership positions in the Commercial & Criminal Litigation Group, the firm’s largest and most wide-ranging practice area. Effective February 1, 2022, Mr. Alworth will serve as Chair of the practice, with Ms. Hradil and Mr. Valen as Vice Chairs. In their new positions, these attorneys will oversee the work of the attorneys in their respective practice groups and manage group activities and workload. Their oversight responsibilities include fees and billings, matter management, case staffing, associate training and broader professional development, client relations, and business development. All have served, or are serving, in various other management capacities at the firm.

Jennifer Phillips Smith Named Co-Chair of Gibbons Real Property Group

Gibbons P.C. is pleased to announce that Jennifer Phillips Smith has been named Co-Chair of the firm’s Real Property Group, effective February 1, 2022. She joins Co-Chair Douglas J. Janacek, who has been a leader of the Real Property Group for over a dozen years. Ms. Smith is lead land use attorney on several of New Jersey’s largest, most high-profile development and redevelopment projects, which garner extensive media coverage. Examples include a $2.5 billion redevelopment, which is being called the “largest mixed-use development site in New Jersey’s history,” the transformation of the Asbury Park Waterfront, and the repositioning of a former manufacturing and office site, named “Mixed-Use Deal of the Year” by the leading statewide commercial real estate development association. As Co-Chair of the Real Property Group, she will work with Mr. Janacek in overseeing the work of group attorneys and managing group activities and workload, including fees and billings, matter management, case staffing, associate training and broader professional development, client relations, and business development. In her legal practice, Ms. Smith helps businesses in New Jersey expand and optimize the reach of their markets and operations through the development and redevelopment of real property for their facilities, directing project and case strategies, guiding teams, and serving as primary Gibbons contact broadly responsible for these client...

Gibbons Environmental Director David J. Freeman: “A ‘Bridge Builder’ Whose Vision Came to Fruition,” Featured in New York City Brownfield Partnership Interview

In June 2021, Gibbons Director David J. Freeman received the Distinguished Service Award from the New York City Brownfield Partnership, an organization he co-founded. Further honoring David for his extensive contributions to environmental law and the development of brownfields policy, the Partnership published an engaging and wide-ranging interview of David. In the interview, David describes how the Partnership’s goal of creating a bridge between the private sector and the Mayor’s Office of Environmental Remediation, which David developed with his co-founder, Dr. Daniel Walsh, grew over 15 years to include pro bono work, internships, and scholarships. The Partnership’s contributions to shaping brownfields law helped vitalize the Brownfield Opportunity Area initiative with its focus on neighborhood revitalization and community outreach. With the current focus at the federal and state levels on environmental justice for disadvantaged communities, the Brownfield Opportunity Area initiative has taken on an even more critical role.

Gibbons Director David J. Freeman Receives Distinguished Service Award From New York City Brownfield Partnership

David J. Freeman, a Director in the Environmental Group of Gibbons P.C., has been honored by the New York City Brownfield Partnership (NYCBP) as the 2021 recipient of the organization’s Distinguished Service Award. The Award promotes excellence in brownfield redevelopment each year by honoring an individual who has made a significant impact on brownfield redevelopment in New York City.

Gibbons Attorneys’ Offshore Wind Article Published by ABA’s Section of Environment, Energy, and Resources Quarterly Magazine

“New Jersey’s Plan to Become the National Capital of Offshore Wind,” authored by Gibbons environmental attorneys Susanne Peticolas and Christopher Cavaiola, appeared in the Spring edition of Natural Resources and Environment, the quarterly magazine of the ABA’s Section of Environment and Energy Resources. New Jersey’s Governor Phil Murphy and his administration have made combating climate change a key priority in the State since his election. Governor Murphy has unveiled arguably his most ambitious plan to date, introducing plans in June that would make New Jersey the hub of the eastern seaboard’s offshore wind industry. The article explores how Governor Phil Murphy plans to do this and examines the relevant state and federal policy and legal implications of same. Click here [Link 1] to read the article.

USEPA Creates PFAS Council

Per- and Polyfluoroalkyl Substances (PFAS) are synthetic chemicals nicknamed “forever chemicals” because they are persistent and resistant to degradation. They have been used in a wide variety of everyday products and are found in detergents, non-stick pans, stain-resistant and waterproof fabrics, fragrances, drugs, disinfectants, pesticides, and fire-fighting foam. PFAS comprise more than 4,700 compounds. Many of them have been identified as potential environmental or public health risks.

Negligent Deletion of Meeting Notes Does Not Warrant Adverse Inference Sanctions

Recently, in the District Court for the Southern District of California, Magistrate Judge Karen Crawford declined to impose adverse inference sanctions against the defendants, despite the defendants’ negligent destruction of relevant evidence. Instead, the court found that the plaintiffs were not severely prejudiced by the defendants’ spoliation of relevant handwritten notes from meetings pertaining to the subject matter of the litigation. Therefore, the court opted for the “least burdensome sanction” and recommended that the defendants be precluded from offering testimony or other evidence about the discussions at the meetings, during which the handwritten notes at issue were taken, in support of their defenses during the trial. In Al Otro Lado, Inc., et al. v. Chad v. Wolf, Acting Secretary, U.S. Department of Homeland Security, et al., the plaintiffs claimed that the U.S. Department of Homeland Security (the “Department”) implemented a policy, known as the “Turnback Policy,” at the U.S.-Mexico border that discouraged individuals from seeking asylum in the U.S.. The plaintiffs requested that adverse-inference sanctions be imposed against the Department due to the admitted destruction of handwritten notes by two senior officials within the U.S. Customs and Border Protection (CBP) made during the Department’s daily operation meetings where the Turnback Policy would be discussed. Essentially, the plaintiffs sought an adverse inference finding (to be adopted...