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.

Leslie A. Saint, Esq. was presenter at the Understanding American Business Summer Conference, an annual competition for high schools students, on Tuesday, July 13, 2010, 9:30 a.m.- 4:30 p.m. and Wednesday, July 14, 2010, 9:00 a.m.- 12:00 p.m. The conference, sponsored by a division of the Morris County Chamber of Commerce, “The Business and Education Together Foundation”, was held at the State Farm Headquarters, 300 Kimball Drive, Parsippany, NJ. Ms. Saint will be presenting on “Human Resources and Legal Issues.”

Shirley B. Whitenack, Esq. gave a presentation on July 13, 2010 on Beyond SNTs: Practice Development through Special Needs Settlement Planning. Ms. Whitenack was a participant on the panel on Practice Development Tips at the 13th Annual Elder & Disability Law Symposium sponsored by the New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association’s Elder & Disability Law Section at the Sheraton, Edison, New Jersey.

Leslie A. Saint, Esq. gave a presentation at the Understanding American Business Summer Conference, an annual competition for high schools students, on Tuesday, July 13, 2010 and Wednesday, July 14, 2010. The conference, sponsored by a division of the Morris County Chamber of Commerce, “The Business and Education Together Foundation”, was held at the State Farm Headquarters, Parsippany, NJ. Ms. Saint spoke about “Human Resources and Legal Issues.”

Shirley B. Whitenack, Esq. answered a reader’s question about the length of time it takes to probate a will and distribute assets to the beneficiaries:
Question:
I am a named beneficiary in the will of a decedent who died in September 2009. I learned this by obtaining a copy of the will at the county courthouse. To date, I was never notified by the executor of the estate that I am a beneficiary:
How long does it take to process the will and distribute said monies to beneficiaries?
Answer from the Star Ledger:
“Could be this executor is slacking off, or more likely, he or she doesn’t know where to find you.
Within 60 days of the date of probate, an executor is required to mail a written notice to all named beneficiaries stating that the will was probated. The deceased person’s spouse, heirs and next of kin also are entitled to receive this notice even if they were omitted from the will, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
The notice of probate must contain specific information including the place and date of probate, the name and address of the executor and a statement that a copy of the will shall be provided upon request.
The executor must file a proof of mailing with the county surrogate within 10 days of mailing the notice,’’ Whitenack said. ‘‘If the names or addresses of the people entitled to notice are not known and cannot be determined through reasonable inquiry, then the executor must publish the notice of probate of the will in a newspaper circulated in the county where the will was probated naming those who may have an interest in the estate.’
As for timing, New Jersey law states the executor must settle and distribute as expeditiously and efficiently as is consistent with the best interests of the estate. That means there’s no set time frame.”
The entire column can be viewed at nj.com

In the June 23, 2010 “Biz Brain” column in the New Jersey Star-Ledger, Shirley B. Whitenack, Esq. answered a reader’s question about the determination of undue influence in the preparation of a will:
Question:
If a sibling is accused of undue influence by being present and helping to answer questions in front of a lawyer who drafted his mother’s will, is that enough to invalidate the signed will in court by another sibling?
Answer from the Star Ledger:
“The sibling’s presence to help answer questions posed by the lawyer who drafted the mother’s will is not in and of itself sufficient to invalidate a will, said Shirley Whitenack, an estate planning, an estate planning attorney with Schenck, Price …. ‘Undue influence is the mental, moral or physical coercion to have the person who is signing the will do something that is contrary to what that person normally would have done,’ she said. In essence, the ‘influencer’ destroys the free will of the person signing the will. When undue influence has been exercised, the will reflects the wishes and desires of the ‘influencer’ rather than the person signing the will. Undue influence is usually secretive and is exercised over people who are dependent upon the influencer or who are physically or mentally feeble, Whitenack said. For this reason, when a person who has been accused of undue influence has a confidential relationship with the person signing the will, the burden shifts to the person accused of exercising undue influence to prove that there was no undue influence. ‘A confidential relationship is often presumed to exist between a parent and child,’ she said. ‘The person accused of undue influence must demonstrate to the satisfaction of the court that the will reflects what the mother wanted to do.’ If the lawyer represented the sibling before the mother signed the will, the burden of proving that there was no undue influence may be more difficult.”
The entire column can be viewed at: nj.com

Information on the Federal Stimulus Law

Shirley B. Whitenack, Esq. gave a presentation to parents of special needs children on May 5, 2010 at the Stepping Stones School in Livingston, New Jersey.

Shirley B. Whitenack, Esq. was a panelist addressing Federal Litigation on Medicaid Issues on May 13, 2010 at the National Academy of Elder Law Attorney’s Annual Meeting at Disney’s Yacht & Beach Club Resort, Orlando, Florida.

Meredith L. Grocott, Esq. was a speaker at the 2010 Education and Research Conference for the Greater New Jersey Chapter of the Alzheimer’s Association on April 16, 2010 at The Palace in Somerset, New Jersey. Ms. Grocott presented a workshop session on guardianships with Jane E. Gildersleeve-Janoff, Executive Director of the Guardianship Association of New Jersey, Inc.

Meredith L. Grocott, Esq. was a panelist on Trusts and Estates for the Morris Family Law Section Seminar, “Family Law Cases are not just about Family Law- Everything Else You need to Know,” on April 29, 2010 at The Madison Hotel. Shirley B. Whitenack, Esq. was the keynote speaker at a Parent Workshop on Estate Planning and Guardianship for Special Needs Students on January 20, 2010 at the SJC Middle/High School Gymnasium, 123 Union Avenue, Lodi, NJ. There is no cost for this workshop sponsored by the South Bergen Jointure Commission.

Shirley B. Whitenack, Esq was a presenter at a telephonic seminar held on January 14, 2010 entitled Asset Protection For the Middle Class: Using Income-Only Trusts For True Asset Protection offered by ALI-ABA.

Eric A. Inglis, Esq. was quoted extensively in the November/December 2009 issue of New Jersey & Co. magazine regarding alternative dispute resolution.

Michael J. Marotte, Esq. , Co-Chair of the Insurance Law Practice Group, presented a claims handling seminar at the New Jersey offices of Greater New York Mutual Insurance Company on December 17, 2009.

Schenck, Price, Smith & King, LLP (“SPSK”) is pleased to report a significant victory by its employment litigation practice group. In Cicchetti v. The Morris County Sheriff’s Office, John M. Bowens, Esq., Chairman of the group, represented the defendant, The Morris County Sheriff’s Office (“MCSO”) at trial where the jury returned a 9-0 verdict in its favor.

Mr. Bowens had originally represented an Officer in the Sheriff’s Department who was accused of discriminating against the plaintiff, Cicchetti, because he had contracted Hepatitis C. Mr. Bowens secured a dismissal of the claims against the Officer by way of a Motion for Summary Judgment, joined in by the other defendants. On appeal, the dismissal as to the individual defendants was affirmed, but the Supreme Court, finding that the case raised “novel and complex questions relating to workplace discrimination claims,” remanded the case for trial as to the MCSO. The allegations which went to trial were that the MCSO had failed to conduct an adequate investigation into the allegations of discrimination. After the remand, Mr. Bowens was requested to re-enter the case as trial counsel for the Sheriff’s Office. The ensuing trial lasted for approximately three weeks and the jury deliberated for less than two hours before reaching its verdict of “no cause” in favor of the MCSO.

SPSK’s employment practice group was also successful in defending an employer in Peragallo v. Helmer. The plaintiff claimed he was coerced into signing a separation agreement at the time he was discharged. After limited discovery, SPSK secured summary judgment on behalf of the employer.

Gary Mazart, Esq. and Shirley B. Whitenack, Esq were presenters at a Health-Ed program entitled New Jersey Elderlaw 2009 on November 19, 2009 at the Crowne Plaza Hotel Somerset-Bridgewater, Somerset, New Jersey. Mr. Mazart spoke on Long-Term Care, Creating a Personal & Financial Management System and New Developments in Medicaid. Ms. Whitenack addressed Guardianships, Conservatorships, Medicaid Fair Hearings and Appeals.

Shirley B. Whitenack, Esq was a speaker on the Secondary Market for Annuities at NJICLE's Atlantic Elder & Special Needs Law Forum on November 9, 2009 at the Hyatt Regency, New Brunswick, New Jersey.

Shirley B. Whitenack, Esq was a speaker on the topics of Fair Hearings & Appeals and Contested Guardianships at the National Academy of Elder Law Attorneys' Public Benefits & Guardianship Institute on November 8, 2009 at the Hyatt Jersey City, New Jersey.

Shirley B. Whitenack, Esq was the moderator at NJICLE's Guardianship Practice 101 on October 31, 2009 at the Law Center, New Brunswick, New Jersey. Ms. Whitenack also spoke on the Role of the Court-Appointed Attorney and Guardian Ad Litem at the seminar.

Gilbert S. Leeds, Esq. and Jeffrey T. LaRosa Esq. were addressed a group of insurance agents in Edison, New Jersey on October 28, 2009 regarding recent developments in defending insurance agents in E&O cases.

Frank M. Coscia, Esq. was a moderator at the NJICLE Insurance Law Seminar on October 21, 2009 at the New Jersey Law Center, New Brunswick, New Jersey. The topic was “Insurance In Financially Turbulent Times”.

Shirley B. Whitenack, Esq was a moderator on the panel of County Surrogates and a Superior Court Judge on the topic of Goals of the Judiciary in Guardianships held on October 20, 2009 at the Guardianship Association of New Jersey's 14th Annual Conference at the Holiday Inn, Edison, New Jersey.

Shirley B. Whitenack, Esq was a speaker at the 2009 Special Needs Trusts National Conference being held by Stetson University College of Law in St. Pete Beach, Florida October 15 -16, 2009. She addressed Special Needs Settlement Planning: The Critical Need for Early Intervention by the Special Needs Trust Attorney as well as the Basics of Drafting and Administering Third-Party Special Needs Trusts.

Gary Mazart, Esq. presented a certified continuing education program on "NJ Elder Law Planning" to the Union County CPA Society on Tuesday, October 6, 2009.

Gilbert S. Leeds, Esq. participated in a speaker/panel at the annual meeting of the New Jersey Mutual Insurance Company Association being held at Bally’s, Atlantic City, New Jersey held on September 17, 2009. Mr. Leeds discussed recent case law developments in personal insurance lines.

Shirley B. Whitenack was a keynote speaker at Plan/NJ's 20th Anniversary Celebration held on October 1, 2009 at the Law Center, New Brunswick, New Jersey.

Edward W. Ahart, Esq., Gilbert S. Leeds, Esq. and Jeffrey T. LaRosa Esq. attended the 2009 State Convention of the Independent Insurance Agents and Brokers of New Jersey at Crystal Springs, New Jersey on October 4th and 5th, 2009. Mr. Ahart, served on the panel and made a presentation entitled; "The Demon Exchange ... A look at What Haunts Independent Agencies and Strategies for Fixing It".

Shirley B. Whitenack was a speaker on the topic of Income Only Trusts at the Pennsylvania Bar Institute’s Annual Elder Law Institute on July 23-24, 2009 in Harrisburg, Pennsylvania.

Shirley B. Whitenack, Esq. gave a presentation on August 4, 2009 on Special Needs Trusts to Metdesk specialists in Bridgewater, New Jersey.

Shirley B. Whitenack, Esq., was a co-presenter on the topic of Personal Care Contracts at the 12th Annual Elder and Disability Law Symposium on July 15, 2009 at the Law Center, New Brunswick, New Jersey.

Wynne A. Whitman, author of “Shacking Up—The Smart Girl’s Guide to Living in Sin Without Getting Burned” (Broadway Books, March 2003), “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), and "Smart Women Protect Their Assets" (Financial Times Press, December 2009), was the keynote speaker at an exclusive lunch seminar sponsored by Glenmede Trust on June 5, 2009 at The Beacon Hill Club, Summit, NJ.

Sidney A. Sayovitz was a speaker at the June 2, 2009 New Jersey School Boards Association Spring Law Forum held in East Windsor, New Jersey on June 2,2009. The topic was "Developments in First Amendment Rights to Students: Facebook, My Space, Twittering, etc."

Frank M. Coscia was the moderator of the Insurance Law Section Seminar at the NJSBA Annual Meeting and Convention held in Atlantic City, NJ on May 14, 2009.

Michael G. Serafino was recently elected to a leadership position in the Construction Law Section of the New Jersey State Bar Association. Mr.Serafino was named to the position on May 14,2009 at the Bar Association's Annual Meeting and Convention in Atlantic City and will serve a two-year term as co-Secretary.

Shirley B. Whitenack was presented with a Distinguished Service Award by the New Jersey State Bar Association's Elder & Disability Law Section at its Retreat at the Seaview Marriott in Galloway, New Jersey on April 23, 2009.

On March 25, 2009, Shirley Whitenack gave a presentation on Special Needs Trusts for Metdesk specialists in Tampa, Florida.

On March 5, 2009, Shirley Whitenack co-presented a telephonic seminar for the National Academy of Elder Law Attorneys on the topic of "The Use of Annuities in Medicaid Planning."

On February 28, 2009, Meredith L. Grocott gave a presentation entitled "Legal and Financial Considerations in Caregiving" at the Morris County Caregiver Conference sponsored by the Alzheimer's Association

Roy J. Evans was welcomed as the incoming President of the Morris County Bar Association at the Morris County Bar Association Annual Installation Dinner on January 14, 2009.

Edward J. Trawinski was a speaker at the New Jersey Planning Officials meeting at the League of Municipalities Convention in Atlantic City on Tuesday, November 18, 2008. He discussed the oral argument before the New Jersey Supreme Court regarding the Finnegan case. Mr. Trawinski also addressed recent developments in the law for Special Improvement Districts and Business Improvement Districts in New Jersey.

Schenck, Price, Smith & King, LLP was a sponsor of a reception held on Wednesday, November 19, 2008, during the League of Municipalities Convention in Atlantic City. The reception took place at the Palm Restaurant, Tropicana Hotel. Guests included members of Special Improvement Districts, Business Improvement Districts and Main Streets in New Jersey with the New Jersey Managed Districts Association, a trade organization which Schenck, Price, Smith & King, LLP is general counsel to.

Shirley B. Whitenack gave a presentation on Guardianship and Special Needs Trusts on November 3, 2008 at a program hosted by Teaneck Special Services.

Gilbert S. Leeds and Jeffrey T. LaRosa recently presented a seminar to the Independent Insurance Agents and brokers of New Jersey on recent trends in insurance agent and broker law, including Errors and Omissions issues. Mr. Leeds and Mr. LaRosa are frequent authors and lecturers on insurance agent malpractice issues.

Schenck, Price, Smith & King, LLP hosted a Champagne & Dessert Reception at the annual School Board Convention on Wednesday, October 29, 2008 at Bally’s Park Place, Atlantic City, New Jersey. Joanne L. Butler was a presenter at the New Jersey State Bar Association annual School Law Forum during the convention.

Shirley B. Whitenack was a panelist on the topic of "Emergency Guardianship-Immediate and Invaluable" at the 2008 National Academy of Elder Law Attorney's Advanced Elder Law Institute in Kansas City, Missouri on October 27, 2008.

Shirley B. Whitenack co-authored with Professor Lawrence A. Frolik an article entitled "What You Should Know About Income Only Trusts" that was published in the October 2008 issue of the ALI-ABA Estate Planning Course Materials Journal.

On October 2, 2008 Shirley B. Whitenack and Gary Mazart were featured speakers at a seminar entitled "New Jersey Elder Law 2008" sponsored by Health ED on at the Hyatt Morristown, Morristown, New Jersey.

On August 22, 2008 Shirley B. Whitenack was the moderator of a seminar called "New Jersey Guardianship Practice 101" sponsored by the New Jersey Institute for Continuing Legal Education in Atlantic City, New Jersey and featuring Atlantic County Surrogate James A. Carney. Ms. Whitenack spoke on the topic of the roles of court-appointed attorneys and guardians ad litem in guardianship actions.

On August 20, 2008 Regina M. Spielberg presented on Estate Planning to the NJCPA Estate Tax Interest Group at the NJCPA headquarters in Roseland, New Jersey.

Mary Joan K. Sheridan was a speaker for Community Access Unlimited, a group that facilitates between people with special needs and a network of social service providers, employers, community leaders and the community. She presented at the Consumer Resource Workshop at which she addressed estate, disability and elder law planning. The event took place on August 18, 2008 at the Sheraton Parsippany Hotel, Parsippany, New Jersey.

On August 8, 2008 Joanne L. Butler served as one of three panelists at a full-day Special Education Seminar hosted by the NBI (National Business Institute) held in Saddle Brook, NJ.

On August 6, 2008 Gilbert S. Leeds spoke about recent developments in product liability law at the ICLE Seminar "Recent Developments in New Jersey Law:2007/2008" at The Law Center in New Brunswick.

Schenck, Price, Smith & King was a proud sponsor of the Morristown National Historical Park 75th Anniversary festivities July 4th weekend.The Morristown National Historical Park is the oldest historical park in the United States.

Gary F. Werner,Jeffrey T. LaRosa and Peter A. Marra recently obtained a very favorable opinion from the New Jersey Appellate Division on behalf of New Jersey Transit. SPSK represented NJ Transit in defense of a construction workplace accident filed by a plaintiff who was rendered a paraplegic as a result of an accident occurring at the Newark Broad Street Train Station. On behalf of NJ Transit, SPSK settled the claims against NJ Transit for $1.5 million and then sued the injured worker's employer (the contractor at the site) for failing to maintain safe working conditions for its employees. At the conclusion of a lengthy trial in October 2006, a jury determined that the employer was 85% at fault for the accident and required the contractor to reimburse NJ Transit for 85% of the $1.5 million settlement. The contractor appealed.

On July 11, 2008, the New Jersey Appellate Division upheld the trial court's ruling and ordered the contractor to reimburse NJ Transit for more than $1.4 million for the judgment and pre- and post-judgment interest. The Appellate Division reversed the trial court's prior ruling denying NJ Transit the right to collect attorneys' fees and remanded the case so that the trial court could award attorneys' fees incurred in pursing the claim against the contractor. SPSK is very pleased with this result, as we settled the case with the injured plaintiff for a reasonable amount, and then recovered 85% of that sum back from the employer who created the dangerous condition at the site, and also recovered attorneys' fees incurred by NJ Transit in pursuing that claim.

Schenck, Price's Construction Law Practice Group has been retained by the New Jersey Schools Development Authority (NJSDA) to pursue claims against Gilbane Building Company for delays and construction defects at the $60 million Midtown Community School in Neptune, New Jersey. Gilbane's failure to perform its duties as Project Management Firm on this job led to severe mold infestation that caused over $13 million in damages and required the partial demolition and reconstruction of the school.

SPSK was retained by the Professional Insurance Association of New Jersey ("PIANJ") and the Independent Insurance Agents and Brokers of New Jersey ("IIABNJ"), the two largest insurance agent/broker trade associations in the country. Through Gilbert S. Leeds, Jeffrey T. LaRosa and Michael G. Serafino, the two associations appeared as Amicus Curiae ("friend of the Court") before the Superior Court of New Jersey, Appellate Division in the matter entitled Harbor Commuter Service, Inc. v. Frankel & Co., Inc.

In its July 2, 2008 Opinion, the Appellate Division reversed a $9.1 million trial court verdict entered against three insurance agents/brokers and summarily dismissed the complaint filed by Harbor Commuter Service (“Harbor”) and its principals. The case involved an insured's efforts to recover the proceeds of a breach of warranty policy secured by the insurance broker for Harbor’s mortgagee. Following a series of frauds in the purchase of ferry boat -- including the submittal of grossly inflated, phony invoices -- Harbor’s casualty policy, procured by Harbor’s primary insurance broker through a third insurance broker, was voided by a Federal Court as a result of Harbor’s numerous misrepresentations. Harbor then filed suit against the brokers claiming they were responsible for the theoretical lost profits of its ferry business due to their alleged failure to inform Harbor that breach of warranty coverage would not, or could not, inure to Harbor’s benefit. The trial court determined, as a matter of law, the agents each owed a duty to Harbor for its inability to recover under the breach of warranty policy. On appeal, SPSK successfully argued that the ruling below exposed the Associations’ members to unreasonable liability exposure that sanctions fraud, was patently unreasonable, and was contrary to well-settled law governing the responsibilities of insurance agents/brokers in procuring insurance coverage. New Jersey's Appellate Division agreed and reversed the order denying summary judgment, vacated the $9.1 million judgment in favor of Harbor and dismissed Harbor’s complaint. This was the first joint Amicus Curiae appearance of the IIABNJ and the PIANJ, who retained SPSK to assist counsel for the insurance agents/brokers on appeal and to protect the numerous members of both associations from the detrimental implications of the trial court’s rulings.

On Wednesday July 16, 2008 Gary Mazart, Shirley B. Whitenack , and Regina M. Spielberg were among New Jersey's foremost practitioners presenting workshops on estate tax and elder law planning and special needs trust planning for the N.J. Institute of Continuing Legal Education's 11th Annual Elder & Disability Law Symposium.

Shirley B. Whitenack was the moderator of a seminar on June 24, 2008 called "New Jersey Guardianship Practice 101" sponsored by the New Jersey Institute for Continuing Legal Education in Whippany, New Jersey and featuring Morris County Surrogate John Pecoraro and retired New Jersey Superior Court Judge Burrell Ives Humphreys. Ms. Whitenack gave a presentation on the topic of the roles of court-appointed attorneys and guardians ad litem in guardianship actions.

Richard J. Conway authored an article entitled “Remember ISRA? Well, it’s still here” which appeared in the June 9, 2008 edition of the New Jersey Lawyer.

Gary Mazart, Shirley B. Whitenack , and Regina M. Spielberg were named in the June 2, 2008 edition of NJBIZ as New Jersey’s Top Elder Law Attorneys. The listing comprised of 24 attorneys ranked by total number of elder law cases throughout career.

Brian R. Lehrer is the special co-editor of the June 2008 edition of NJ Lawyer Magazine covering discrimination issues.

Monica E. Peck was re-elected as Vice President of the New Jersey Association of School Attorneys for the term June 2008—June 2010.

Shirley B. Whitenack was quoted in an article entitled “As parents live longer, family fortune fights escalate.” The focus of the article was on elder mediation.

Eric A. Inglis was named by Real Estate New Jersey magazine as one of its "40 under 40" in the New Jersey Real Estate Market.

Schenck, Price, Smith & King attorneys are regularly honored by the New Jersey Super Lawyers Publication, which is a peer selection process that annually confers its designations upon less than five percent of the total lawyers in New Jersey. In recent years, the majority of SPSK partners have been awarded this honor.

Currently, sixteen Schenck, Price, Smith & King partners have received this designation. In the past several years fully, twenty-two of the firm’s partners have been named “Super Lawyers” and three other partners were named “Rising Stars” by New Jersey Monthly magazine.

The firm is proud that the majority of its partners have been so recognized.

The 2008 list of Schenck, Price, Smith and King, LLP inductees are as follows:

John M. Bowens, Insurance Coverage
Richard J. Conway, Environmental Law
John M. DeMarco, Real Estate
Roy J. Evans, Business Litigation
Stephen B. Fenster, Insurance Coverage
Stephen A. Geffner, Land Use/Zoning
Jeffrey T. LaRosa, Insurance Coverage
Gilbert S. Leeds, Business Litigation
Gary Mazart, Estate Planning and Probate
Basil F. O'Connor, Estate Planning and Probate
Monica E. Peck, Schools and Education Law
Sidney A. Sayovitz, Utilities Law
Kurt G. Senesky, Real Estate Law
Edward J. Trawinski, Real Estate Law
Gary F. Werner, Construction/Surety Law
Shirley B. Whitenack, Elder Law

Shirley B. Whitenack was listed as one of the Top 50 Women Super Lawyers.
Gilbert S. Leeds was listed in the 2008 Super Lawyers Corporate Counsel Edition.

The “Super Lawyer” designation is a peer rating based upon a survey of members of the New Jersey bar using criteria identified at www.superlawyers.com®. It is not a state certification.

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”.

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., 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.