This page will be updated regularly with announcements about seminar presentations, articles, public events, and other noteworthy news being made by Schenck, Price, Smith & King and its attorneys. Please come back often to see what's new at the firm.

Shirley B. Whitenack and Gary Mazart were faculty of one-day seminars held on March 27, 2008 at the Hilton Woodbridge Hotel, Iselin, NJ and April 17, 2008 at the Crowne Plaza, Cherry Hill, NJ. The Seminars were sponsored by PESI Seminars and cosponsored by NAELA (National Academy of Elder Law Attorneys, Inc.) Ms. Whitenack spoke on Planning for Incapacity. Mr. Mazart addressed Elder and Disability Statutory and Caselaw Updates.

Regina Spielberg was the Moderator at the 2008 Probate Symposium: The Year in Review; sponsored by the New Jersey Institute for Continuing Legal Education, presented in cooperation with the NJSBA Real Property, Trust & Estate Law Section. The Symposium was held on March 13, 2008 at Imperia on Easton, Somerset, New Jersey. Basil F. O’Connor was a speaker at the Symposium addressing “Audit Issues in Preparing New Jersey Estate and Inheritance Tax”.

Kathryn V. Hatfield and Douglas Zucker were faculty of a seminar entitled “EEOC Compliance in New Jersey” sponsored by Lorman Education Services on March 11, 2008 at the DoubleTree Guest Suites, Mount Laurel, New Jersey.

Joanne Butler was a speaker at a full-day seminar sponsored by the NBI (National Business Institute) on March 11, 2008 at the Saddle Brook Hotel and Conference Center, Saddle Brook, NJ. Her presentations included “Taking a Closer Look at How Student Records are Defined” and Regulations of Student Surveys Under Federal and State Law”.

Shirley B. Whitenack was on the faculty of an ALI ABA course entitled "Elder Law: What You Need To Know--Meeting the Legal, Financial, and Social Challenges of Aging Clients" on January 17-18, 2008 at the Hyatt Regency Coral Gables, Florida.

Monica E. Peck addressed Bergen County school administrators and disciplinarians on January 17, 2008 regarding the complexity of law enforcement and DYFS reporting requirements when the school district learns of sexualized behaviors between students.

Edward J. Trawinski gave a lecture to over fifty NJPO members on January 14, 2008 at the Morris County Administrative Building. The New Jersey Planning Officials (“NJPO”) is the official association of the New Jersey planning boards and zoning boards of adjustment. Its membership includes professional planners, attorneys, engineers, county and state board representatives, corporations, libraries and private citizens.

Gary Mazart was quoted in the December 17 and 24, 2007 editions of Crain's Investment News in an article regarding Medicaid Qualified Annuities entitled, "More States May Clamp Down on Improper Asset Transfers".

Shirley B. Whitenack gave a presentation on "Elder Abuse and Undue Influence by Interested Parties: Risks and Benefits of Initiating a Guardianship Proceeding" at a New Jersey Institute for Continuing Legal Education seminar entitled "Sophisticated Elder Law concepts XIII" on December 12, 2007 at the New Jersey Law Center New Brunswick, New Jersey.

Gary Mazart presented on Wednesday, December 12, 2007 workshop materials he prepared together with his colleagues, Regina Spielberg and Mary Joan Sheridan, for NJ ICLE's Sophisticated Elder Law Concepts XIII entitled "Income Only and Family Trusts as an Elder Law Planning Technique: Alive, Dead or Resurrected".

Gary Mazart gave a presentation on "Income Only Trusts: Dead, Alive or Reincarnated" at a New Jersey Institute for Continuing Legal Education seminar entitled "Sophisticated Elder Law concepts XIII" on December 12, 2007 at the New Jersey Law Center New Brunswick, New Jersey.

Kurt G. Senesky, a partner in the firm’s real estate practice group with a concentration in zoning and planning, was recently successful in two Superior Court Appellate Division decisions. In Salvati vs. Cliffside Park Board of Adjustment, Senesky, representing a group of objectors, was successful in appealing and overcoming the granting of a variance to a builder seeking to construct a two-family dwelling in a zone which permitted only one family homes. The Law Division’s reversal of the Board’s decision was upheld by the Appellate Division in a decision that was reported on in the December 10, 2007 edition of The New Jersey Lawyer. In Flopark C. LLC vs. Florham Park Board of Adjustment and LifeTime Fitness, Inc. Senesky represented the Board in granting a use variance to Lifetime permitting it to build a 110,000 square foot health and fitness center in a commercial zone which did not permit the use. After a long and contentious series of hearings Senesky’s lengthy resolution on behalf of the Board was upheld by both the Law Division and the Appellate Division. Flopark has filed a petition for certification to the New Jersey Supreme Court.

Thomas L. Hofstetter has been appointed Chairperson of the Regional Liaison Committee for the National Association of Government Guaranteed Lenders. The position will involve coordinating issues facing SBA lenders in the eastern region of this organization.

Members of the Schenck, Price, Smith & King Tax, Trust and Estate and Fiduciary Litigation Practice Groups made presentations to over sixty financial advisers from Smith Barney on November 27, 2007 at the Morristown Hyatt. Topics included recent changes in tax laws, estate planning techniques for high net worth individuals, and the problems that arise where there is no or poor planning.

Wynne A. Whitman conducted a lunch seminar at Regent Atlantic Capital in Chatham, New Jersey on November 27, 2007. The subject of the seminar was Advising Beyond Advising – Simple but Important Advice for your Clients.

Gary Mazart presented on Saturday, November 3, 2007 to the Asset Protection Committee of the American College of Trust and Estate Counsel materials he prepared together with colleague Sam Stein entitled " State Statutory Personal Property Exemptions from Creditors' Claims: A Review of Available Literature".

Shirley B. Whitenack authored an article on Contested Guardianships published in the October 29, 2007 issue of the New Jersey Lawyer's In Re Magazine. [.PDF format]

Shirley B. Whitenack gave a presentation on October 23, 2007 on Estate Planning for Families with Special Needs Children at Stepping Stones School in Livingston, New Jersey.

Shirley B. Whitenack gave a presentation on guardianship and special needs planning on October 20, 2007 in Rockaway Township, New Jersey at the tenth annual parent workshop entitled "Transition Planning - Getting Started" sponsored by the Community Partnership For Persons With Disabilities of Rockaway Township.

Shirley B. Whitenack and Gary Mazart gave presentations on October 19, 2007 at a seminar entitled "New Jersey Elderlaw 2007" in Edison, New Jersey, sponsored by Health Education Network, LLC. Ms. Whitenack focused on guardianship, conservatorship, fair hearings and Medicaid appeals. Mr. Mazart addressed Medicaid planning, informed consent and alternatives to guardianship.

Shirley B. Whitenack gave a presentation on "The Continuum: Legal Rights of the Incapacitated" on October 17, 2007 at the Guardianship Association of New Jersey, Inc.'s 12th Annual Conference on Guardianship at the Law Center in New Brunswick, New Jersey.

Gary Mazart and Regina M. Spielberg authored an article for the New Jersey Lawyer special section on Estate and Elder Law entitled, A Public Benefits Conundrum: Matrimonial Settlements. [.PDF format]

John P. Campbell authored article for DRI’s Young Lawyer Committee on small claims litigation. [.PDF format]

Meredith L. Grocott gave a presentation on "Issues Related to Approving & Reforming Special Needs Trusts" for a program sponsored by the Morris County Bar Association's Trusts & Estates Committee on October 17, 2007.

Shirley B. Whitenack participated in the 2007 Annual Meeting of the Uniform Law Commission (ULC) in Pasadena, Califormia as a representative of the National Academy of Elder Law Attorneys and advisor to the drafting committee of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Basil F. O’Connor, Esq., a partner with the Morristown, N.J. firm Schenck, Price, Smith & King, LLP, was elected Co-Chair of Saint Clare’s Foundation at the Foundation’s Annual Meeting on September 27. Mr. O’Connor joined the Foundation board in 2002.

Shirley B. Whitenack gave a presentation on "Selected Issues in Contested Guardianships" at a program entitled "7 Things Attorneys Need to Know About Contested Guardianships" sponsored by the New Jersey Institute for Continuing Legal Education on September 24, 2007 at the New Jersey Law Center, New Brunswick, New Jersey.

Gary Mazart and Shirley B. Whitenack gave a presentation entitled "Special Needs and Supplemental Benefits Trusts: A Primer" at a meeting of the Greater Middlesex /Somerset Counties Estate Planning Council on September 20, 2007 at the Holiday Inn in Somerset, New Jersey.

Shirley B. Whitenack and Meredith L. Grocott gave a presentation entitled "Reforming and Modifying Trusts,” on July 18, 2007 at the Tenth Annual Elder & Disability Law Symposium....New Jersey Clients in an Ever-Changing Environment, moderated by Gary Mazart and sponsored by the New Jersey Institute for Continuing Legal Education in New Brunswick, New Jersey.

Shirley B. Whitenack is the co-author of a White Paper entitled "Annuity Policy: Consumer Protection Issues and Public Policy Recommendations," published in the NAELA Journal, National Academy of Elder Law Attorneys, Vol. 3, 2007, No. 1.

Susan Flynn-Hollander recently served as co-chair of the Student Doctor for a Day event at New Jersey Medical School. Please click here to enjoy some photos of the event.

Wynne A. Whitman publishes second book, Wants, Wishes, and Wills: A Medical and Legal Guide to Protecting Yourself and Your Family In Sickness and In Health (Financial Times Press, May 2007).

Shirley B. Whitenack has been selected by the Board of Trustees of the New Jersey Institute of Continuing Legal Education to receive the 2007 Distinguished Service Award. Ms. Whitenack will be presented with her award on June 4, 2007 at a cocktail reception at the New Jersey Law Center in New Jersey.

Shirley B. Whitenack has been named a Fellow of the National Academy of Elder Attorneys (NAELA). On May 3, 2007, the Academy will present Ms. Whitenack with her award at its annual business luncheon in conjunction with its annual Symposium in Cleveland. Selection as a Fellow is the highest honor bestowed by the Academy.

Stephen A. Geffner succeeds in representing the mother of slain Police Probationary Officer Gary Tedesco in her wrongful death action against convicted murderer Thomas Trantino.

Gary Mazart gave a keynote address entitled "Up the Caregiver Creek without a Paddle?" for the Coalition on Family Caregiving at Overlook Hospital in Summit, New Jersey on March 25, 2007.

Gary Mazart and Shirley B. Whitenack gave a presentation entitled "Special Needs and Supplemental Benefits Trusts: A Primer" at a meeting of the Estate Planning Council of Northern New Jersey on March 21, 2007 at the Hyatt Morristown Hotel in Morristown, New Jersey.

Jeffrey LaRosa and Gary Werner recently won a $1.4 million jury verdict on behalf of New Jersey Transit. The case involved NJ Transit's claims against a contractor who performed renovation work on the Newark Broad Street Train Station. NJ Transit will also seek to recover attorneys' fees from the contractor by way of post-trial motion.

Representing the Independent Insurance Agents & Brokers of New Jersey ("IIABNJ") and the Professional Insurance Agents of New Jersey ("PIANJ") the two pre-eminent insurance agent associations in New Jersey, Gil Leeds, Jeffrey LaRosa and Michael Serafino were successful in having the court grant to the Associations leave to file an amicus brief in a very important case involving the standard of care insurance producers owe to their customers. As an amicus curiae, or “friend of the court,” the Associations will advocate for and educate the court concerning the customary business practices of insurance producers. The case, which is being appealed, involves allegations of errors and omissions by a mutual member of both associations.

Morristown, NJ - Two of NJ's oldest and most well respected law firms, 95 year old Schenck Price Smith and King, LLP and 40 year old Gallo Geffner and Fenster, P.C. of Paramus have voted to merge. The new firm will continue to use the name of Schenck Price Smith and King, LLP and have offices in Morristown and Paramus, as well as New York City. The new firm will have over 75 attorneys.

"The traditions and strengths of each of our firms lie in serving the established corporate community, entrepreneurial businesses and substantial portions of the public sector. We know that with this merger the depth and breadth of our attorneys' talent and knowledge will enhance our ability to provide our clients with the highly responsive and excellent quality of service they have come to expect." stated Edward Ahart, managing partner of Schenck, Price, Smith & King who will also serve in that capacity for the new merged entity.

Michael Gallo, a founder of Gallo Geffner Fenster remarked, "This merger works because we have the same philosophy of providing the highest levels of service to our clients in a cost effective mannner. Our practice areas are complimentary. By joining Schenck, Price, Smith & King, we will be able to expand our capabilities both within and well beyond Bergen and Passaic Counties."

The merged firm will provide a wide range of legal services including banking, corporate litigation, finance and transactional work, environmental, real estate, insurance coverage and regulatory law, trusts and estates, construction law, labor and employment, and public board representation.

Among the merged firms' clients include: Atlantic Health System, Jersey Central Power & Light, JP Morgan Chase Bank, Hooper Holmes, Inc., the Bank of America, New Jersey Manufacturers Insurance Co., Roseland Properties, The Railroad Construction Companies, Great American Insurance Company, North Fork Bank, St. Peters Hospital, Millennian Homes and Eastman Companies.

The combined firm is in the top 25 firms in NJ, ranked by number of attorneys.

The firm congratulates Kathryn V. Hatfield on her hard fought victory in the U.S. Court of Appeals for the Third Circuit in the case entitled Juan Espinosa, et al. v. County of Union, et al. Ms. Hatfield had served as lead defense counsel in this case for nearly six years and was the sole defense counsel to argue before the Third Circuit. The Court handed down its decision on January 9, 2007 affirming the Federal District Court’s grant of summary judgment to defendants and rejecting all of plaintiff’s claims including alleged violations of the First Amendment of the U.S. Constitution, the Conscientious Employees Protection Act (known as “CEPA” or the “Whistleblower Law”), as well as fraud and breach of contract claims. Plaintiffs had sought damages of more than $2,000,000.

Richard H. Bauch, Esq. gave a presentation on Student Expression and the First Amendment on February 7, 2007 at the New Jersey Law Center in New Brunswick, New Jersey at the 2007 School Law Conference sponsored by the New Jersey Institute for Continuing Legal Education. Mr. Bauch's co-panelist for this presentation was Jeanne LoCicero, staff attorney for ACLU-NJ. Click here to view a copy of Mr. Bauch's and Ms. LoCicero's presentation outline. A copy of the Powerpoint Presentation on this topic is also available here.

Shirley B. Whitenack, Esq. gave a presentation on New Jersey's revised guardianship statutes on February 1, 2007 at a seminar sponsored by Professional Education Systems Inc. in Iselin, New Jersey.

Shirley B. Whitenack, Esq. gave a presentation on Special Needs Trusts to Metdesk financial specialists from all over the country on January 25, 2007 at the Metlife building in Bridgewater, New Jersey.

Shirley B. Whitenack, Esq. was a panelist at a program entitled "Parenting Your Child With Special Needs" presented by Prudential Financial, Inc. for its employees on January 24, 2007 at its headquarters in Newark, New Jersey.

Gary Mazart and Shirley B. Whitenack, Esq. participated in a panel discussion presented by NJ ICLE entitled "How Public Benefits Can Impact Matimonial Settlements" on December 5 in Mount Laurel and again on December 12, 2006 in Fairfield.

Shirley B. Whitenack, Esq. moderated a panel discussion on the topic of Deadman's Statutes presented by the Advocacy/Litigation Special Interest Group of the National Academy of Edler Law Attorneys at its Advanced Institute on November 4, 2006 in Salt Lake City, Utah.

Shirley B. Whitenack, Esq. was a panelist for the 3rd Annual Clifton Kruse, Jr., Esq. Professional & Ethics Lecture on the topic of Elder Law Ethics in a Post DRA World at the National Academy of Elder Law Attorney's Advanced Institute on November 4, 2006 in Salt Lake City, Utah.

Shirley B. Whitenack, Esq. gave a presentation on Medicaid Fair Hearings and Appeals on October 25, 2006 in Edison, New Jersey at a seminar entitled Sophisticated Elder Law Concepts XII sponsored by the New Jersey Institute for Continuing Legal Education.

Shirley B. Whitenack, Esq. authored an article entitled "Granny Snatching- Interestate and International Adult Guardianship Disputes" published by the New Jersey Law Journal on October 23, 2006.

On behalf of the Independent Insurance Agents & Brokers of New Jersey ("IIABNJ"), Ed Ahart, Gilbert S. Leeds and Jeffrey LaRosa each gave separate presentations on insurance agent errors and omissions (E&O) issues at the IIABNJ's Fall 2006 conferences for Southern, Central and Northern New Jersey, respectively.

Gary Mazart and Shirley B. Whitenack, Esq. co-presented on Thursday, October 19, 2006 a full day program on "New Jersey Elder Law" presented by HealthEd.

Shirley B. Whitenack, Esq. gave a presentation on October 16, 2006 on Due Process in the Probate Courts at the Probate Symposium in New Haven, Connecticut sponsored by the Connecticut Bar Association.

Shirley B. Whitenack, Esq. gave a presentation on Estate Planning on September 27, 2006 in Morristown, New Jersey at a program sponsored by the Essex County Coalition for Vulnerable Adults.

Congratulations to John M. DeMarco for being honored by The Supreme Court for completing four years of Voluntary Service in Attorney Ethics System

The Supreme Court will issue certificates thanking 117 volunteers who are concluding their four-year terms on the state’s 17 district ethics committees, announced David E. Johnson Jr., director of the Office of Attorney Ethics (OAE). The district ethics committees investigate and prosecute ethics cases involving New Jersey attorneys.

“Because of your selfless and untiring contribution of time and talent in the performance of your duties, the Judiciary, the legal profession and the citizens of New Jersey are assured a higher degree of accountability, legal competence and ethical conduct from those who serve the public in the practice of law,” the certificate reads in part.

Currently there are 491 volunteers serving on the committees. District X (Morris and Sussex Counties)

Brian M. Foley gave a presentation at the 2006 Health and Hospital Law Symposium, entitled “Recent Developments in Medical Staff Disputes and Hearings”. Presented on September, 2006 in Newark, New Jersey, the symposium was sponsored by the New Jersey Institute for Continuing Legal Education, in cooperation with the New Jersey State Bar Association, Health and Hospital Law Section.

Shirley B. Whitenack, Esq. gave a presentation on the topic of guardianship and participated in a panel discussion on Medicaid planning under the Deficit Reduction Act of 2005 at the 8th Annual New Jersey Estate & Trust Law Forum sponsored by the New Jersey Institute for Continuing Legal Education on September 13, 2006.

Shirley B. Whitenack, Esq. gave a presentation on the topic of guardianship and conservatorship to the Greater New Jersey Estate Planning Council on September 12, 2006.

Brian M. Foley wrote an article entitled “Reducing Paperwork – Physicians May Use a Universal Credentialing Application for Managed Care Plans” which was published in the July 10, 2006 edition of the New Jersey Law Journal.

Shirley B. Whitenack, Esq. gave a presentation on the topic of the newly revised guardianship statutes at the 55th Annual Tax & Estate Forum sponsored by the New Jersey Institute for Continuing Legal Education on June 7, 2006.

Shirley B. Whitenack, Esq. has been appointed Chairperson of the Advocacy/Litigation Special Interest Group of the National Academy of Elder Law Attorneys.

Shirley B. Whitenack, Esq. has joined the Special Needs Alliance, a national network of lawyers dedicated to disability and public benefits law.

On May 20, 2006, Brian M. Foley, Esq. was a guest speaker and panelist at a seminar for physicians, sponsored by the Morris County Medical Society entitled, "Medical Practice 101". Mr Foley gave a presentation on Fraud and Abuse in Health Care, focused on the False Claims Act, the Anti-Kickback Law, and the"Stark" Physician Self Referral Law.

Shirley B. Whitenack, Esq. participated in a mock trial presentation on contested guardianships at the National Academy of Elder Law Attorney's Symposium in Washington, D.C. on April 23, 2006.

Shirley B. Whitenack, Esq. gave a presentation on the newly revised New Jersey guardianship statutes at the Elder and Disability Law Retreat co-sponsored by the New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association's Elder & Disability Law Section on April 6, 2006.

On March 30, 2006, Gilbert S. Leeds and Jeffrey LaRosa were participants at a day-long presentation for the Independent Insurance Agents of New Jersey. They were panelists for a discussion "Hot Topics in E&O Coverage for Agents and Brokers". In addition, they presented a workshop "Pitfalls of Insuring Contractors

Shirley B. Whitenack, Esq. served as moderator and presenter on the newly revised guardianship statutes at a Basic Guardianship Seminar sponsored by the New Jersey Institute for Continuing Legal Education on March 22, 2006.

Gary Mazart and Shirley B. Whitenack, Esq. were participants in a panel discussion presented by PESI entitled "New Jersey Elder and Disability Law: Special Needs Trusts and Other Planning Considerations" on March 2, 2006 in Iselin.

Gary Mazart participated in a panel discussion presented by NJ ICLE entitled "Planning After Medicaid Reform" on February 15 in Hasbrouck Heights and again on February 16, 2006 in Voorhees.

Simone Handler-Hutchinson authored an article that was published in the February 13, 2006 edition of the New Jersey Law Journal entitled “Revisiting Informed Consent Issues – How to Ensure That Informed Consent Has Been Achieved”

Shirley B. Whitenack, Esq. was designated by the National Academy of Elder Law Attorneys Guardianship/Capacity Steering Committee to serve as an Observer to the National Conference of Commissioners on Uniform State Laws Drafting Committee on Uniform Guardianship Interstate Jurisdiction and Enforcement Act, which met in Dallas, Texas February 3-5, 2006.

Shirley B. Whitenack, Esq. participated on a panel at the 2006 Caregiver Conference on The Diagnosis of Dementia- Implications for Patient and Family, co-sponsored by Freedom Eldercare and Sunrise Assisted Living, held on January 29, 2006 at Drew University.

Gary Mazart participated on Thursday, January 26, 2006 in a Worldwide Elder Law Leadership Conference presented by ReedLogic

Shirley B. Whitenack, Esq. gave a presentation on Special Needs Trusts at a program for specialists at MetDESK^®, MetLife's Division of Estate Planning for Special Kids, on January 24, 2006, at the Somerset Marriott.