Harwood Lloyd: A Legacy of Excellence as Attorneys and for Service to the Community. Inside:

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1 Special Coverage: Healthcare & Pharmaceuticals Medical R&D Saves NJ Lives Caring for Disabled Workers New Green Building Designs Hazardous Waste Management Avoiding Workplace Violence Business Continuity Planning Financing for Small Business Holiday Party Planning Guide T H E B U S I N E S S O F N E W J E R S E Y $4.99 October 2010 Inside: Analyzing An Economic Recovery With Mad Money Host Jim Cramer Harwood Lloyd: A Legacy of Excellence as Attorneys and for Service to the Community See Page 52. Vince Curatola s Real Life As A Good Guy Contrasts With His Role On The Sopranos Green Racing Is The Wheel Deal For Winning Driver Frankie Montecalvo A VIP In The Business Of Love And Relationships: Meet Ms. Patti Stanger

2 COVER STORY Harwood Lloyd: A Legacy of Excellence as Attorneys and for Service to the Community (L-R) Co-Managing Members David T. Robertson and David M. Repetto with portraits of founding partner Frank Lloyd and the Hon. Peter Ciolino, former Bergen County Assignment Judge and counsel to the firm. BY JOHN JOSEPH PARKER CONTRIBUTING EDITOR IN 1975 FRANK LLOYD, RICHARD RYAN AND Victor Harwood founded the Hackensack-based law firm of Harwood Lloyd. They built their firm on a foundation of excellence of service, integrity, and professionalism and civility in their relationships with the bench, the bar and the public. Many years have passed since Harwood Lloyd was founded. Some things about the firm have changed during that time. However, the core values on which the firm was based have not. Today, the attorneys and staff of Harwood Lloyd continue to build on the foundation and traditions set in place by its founders. As a result, the firm enjoys an impeccable reputation throughout New Jersey and the New York metropolitan area. A Legacy of Excellence Founding and managing partner Frank Lloyd passed away suddenly in He left to his partners and associates a legacy of excellence as attorneys and for service to the community. He led the firm with a commitment to providing superior legal representation to the firm s clients as well as a commitment to serve the bench, the bar and the public through his activities with the Bergen County Bar Association, the Bergen County Bar Foundation and numerous charitable organizations. Frank learned those principles from his father Francis Van Duyne Lloyd, who had served as a Bergen County judge and a New Jersey deputy attorney general, and was a key player in the early years of the Bergen County Bar Association. 52 COMMERCE

3 Frank was the consummate professional, says David Robertson, co-managing member of Harwood Lloyd. He was an excellent attorney, but he also understood the need to give back to the legal community and the public. Many of our attorneys follow in Frank s footsteps by serving on the boards of local organizations including the Ramapo College Foundation, the Hackensack University Medical Center Foundation, the YMCA of Greater Bergen County, Children s Aid and Family Services, the Bergen County Bar Association and Foundation, as well as district ethics and fee arbitration committees established by the New Jersey Supreme Court. The firm also serves as counsel for the Commerce and Industry Association of New Jersey as well as the Northern New Jersey Council of the Boy Scouts of America. He was not just our managing partner. He was also our mentor and our friend. To Frank, Harwood Lloyd was family. Co-managing member David Repetto echoes that sentiment: Frank set the tone for the firm culture that continues today. The attorneys and staff work hard, as a team, to provide the best legal services possible to our clients. However, we re not only professional colleagues, but also friends. Many attorneys and staff members have been with the firm for more than 20 years. Some current employees have never worked at any place other than Harwood Lloyd. Our camaraderie and respect for each other is evident to judges, our colleagues and our clients. It helps us to focus on and achieve our mission to provide high quality legal services to our clients in a way that is both successful and cost effective. Wills, Trusts and Estates Harwood Lloyd s Wills, Trusts and Estates Department has a well-deserved reputation for excellence. Partners David Repetto and Joseph Scorese, along with the entire team of associate attorneys, estate administrators and staff bring to the table years of experience in estate planning, as well as estate administration and litigation. It is a source for, among other things, trust and estate planning including wills, advance healthcare directives (living wills), powers of attorney, charitable trusts, and private foundation and insurance trusts. Harwood Lloyd attorneys are also frequently appointed by courts to act as guardians or attorneys for incapacitated persons and their property. Besides their active practice in the trusts and estates area, both Mr. Repetto and Mr. Scorese share their expertise by participating in continued on page 54 (L-R) Associate Russell W. Anderson and Partner David M. Repetto discuss research on an estate issue. Attorneys and estate administrators in the firm s Wills, Trusts and Estates Department: (Standing L-R) W. Fletcher Hock, Jr., David M. Repetto, Joseph P. Scorese; (Seated L-R) Emily Blanchfield, Lynn Annese, Lauren Bettman Gershengorn and Robyn B. Lindsay. October 2010 COMMERCE 53

4 COVER STORY continued from page 53 estate planning seminars and presentations to clients or community groups. Mr. Scorese is a member of the prestigious Bergen County Estate Planning Council and is also a nationally recognized expert, author, teacher and speaker on estate planning and tax issues. Mr. Scorese emphasizes that the need for advance tax and estate planning has never been greater. These days, estate planning for New Jersey families is deceptively simple, explains Mr. Scorese. As family dynamics grow increasingly complicated and tax rules are continually in flux, it is easy for clients to lose focus. Our goal is to provide experience and expertise to help clients think through their estate planning objectives. We then work with them to design creative, workable solutions that are as tax-efficient as possible. Besides estate planning, the Harwood Lloyd Wills, Trusts and Estates Department handles estate administration from the simple to the complex, as well as estate litigation in the surrogate and chancery courts throughout the state. Probate litigation can be an intensely personal topic for clients, says partner David Repetto. The combination of the legal proceedings and emotions can often be a source of frustration that affects one s judgment. By possessing knowledge in and out of the courtroom, we can give clients guidance based on our depth of experience that will enable them to make sound decisions during this difficult period in their lives. Harwood Lloyd clients know that sensitive issues involved in estate planning and administration will be handled competently, efficiently and compassionately by an experienced group of attorneys, estate administrators and staff. Financial Services, Transactions and Commercial Litigation For lenders, borrowers, and clients needing help with transactions ranging from residential closings to complex commercial matters, the firm s legal expertise and experience makes Harwood Lloyd an excellent choice. There really isn t much that we haven t seen, says partner Michael Brady. Our Commercial Department has handled and continues to handle transactional matters ranging from residential closings and refinances to Section 1031 exchanges and complex loan transactions. We have the attorneys, legal assistants and staff with the knowledge and experience to handle virtually any type of transactional matter in New Jersey and New York with representation that is as good as, or better than, that provided by a big firm but at a much lower cost. Many clients return to Harwood Lloyd for their transactional matters because they know that their transaction will be handled competently, efficiently and with courtesy, says partner Thomas Loikith. We go the extra mile to get the job done, to accommodate the needs and schedules of both our clients and our clients borrowers Attorneys in the firm s Commercial Department (L-R): Geoffrey D. Mueller, Marcy A. Gilroy, Lucia A. Lauterhahn, Kathleen M. Lee, Michael J. Brady, Thomas Loikith, Gregg A. Ilardi, Richard W. LeBlancq, Anthony S. Bocchi and Levi W. Barrett. 54 COMMERCE

5 and their attorneys. It s not unusual for a borrower of one of our banking clients to ask their lender to have their closing done by us. They know that not only will the matter be closed quickly and properly, but they also leave the closing knowing that they have been treated with the courtesy and respect they deserve. Besides transactional matters, Harwood Lloyd s Commercial Department also helps clients in setting up and running closely held businesses. Forming and counseling closely held businesses is our bread and butter, says Mr. Brady. Whether it s organizing and counseling a corporation, a limited liability company, a limited partnership or any type of business entity, we have the expertise and resources to get the job done quickly and correctly. We have long-term relationships with many business clients who rely on us on a daily basis for routine questions about business governance as well Attorneys in the firm s Commercial Transactions Group (Standing L-R): Richard W. LeBlancq, Lucia Lauterhahn; (Seated L-R) Thomas Loikith and Michael J. Brady. as more unique, complex questions. They start with and stay with Harwood Lloyd because they receive the expert advice and prompt attention that they need. Mr. Loikith adds, Many of our clients are starting their first business. They re excited at the prospect of being entrepreneurs, but they are also anxious about getting things started correctly. They need guidance on things as simple as choosing the right name for their business to setting up and operating their business properly to referrals to accountants and other tax professionals. Many times they need financial assistance to get their business up and running. Our clients have an advantage in that we have strong relationships with many local banks and other lenders to whom we can refer them for assistance. Besides providing excellent legal representation, we can be a resource for our clients who need ancillary services when starting up and running their business. Harwood Lloyd s Commercial Department also has a growing Commercial Litigation Group. Its commercial litigators handle cases ranging from small claims and landlord-tenant cases to residential and commercial foreclosures and complex shareholder and franchise litigation. Commercial litigation is stressful under the best of circumstances, says partner Gregg Ilardi. Our commercial litigators, many with prior judicial clerkships, are experienced in handling not only the more routine lawsuits, but also complex state or federal litigation, mediations and arbitrations. We are aware of the need to achieve the result that our clients want while keeping costs down. We are constantly mindful that our clients are anxious about the process, the cost and the result. One area where transactional law and litigation meet is land use and zoning. Real estate matters often require a buyer to apply to the local zoning or planning board for variance or subdivision approval in order for the real estate deal to close or a project to proceed, says Mr. continued on page 56 Attorneys in the firm s Commercial Litigation Practice Group (Standing L-R): Anthony S. Bocchi, Geoffrey D. Mueller, Gregg A. Ilardi, Levi W. Barrett; (Seated L-R) Marcy A. Gilroy, Evelyn R. Storch and Kathleen M. Lee. Attorneys in the firm s Employment Law Practice Group (L-R): Evelyn R. Storch, Anthony S. Bocchi and Marcy A. Gilroy. October 2010 COMMERCE 55

6 COVER STORY continued from page 55 Repetto who, along with partner Richard LeBlancq, counsels and represents clients in land use matters. Mr. Repetto adds We have extensive experience in land use matters and regularly appear before municipal zoning and planning boards throughout the state. As with so many other practice areas, our real estate and land use practices complement each other, allowing us to effectively represent our clients in all phases of a real estate transaction. Part of the full package of services that Harwood Lloyd can provide to its clients is representation in real estate tax appeals. Mr. LeBlancq, who handles this aspect of the firm s practice, says, Especially in difficult economic times such as these, it s important for a client to reduce their costs as much as possible. Representing individuals and businesses before county boards of tax appeals or the New Jersey Tax Court is an essential part of offering a full range of legal services to our clients. We have the experience to effectively work with real estate tax professionals and municipal officials to help our clients obtain the best possible result in reducing their property tax liability. Within Harwood Lloyd s Commercial Department are sub-groups which handle specific types of commercial litigation. For example, Mr. Brady notes that especially in the current economy, many of our banking and business clients need to take more aggressive action to collect delinquent debts. Harwood Lloyd is uniquely equipped to handle those cases; our department has a group of attorneys and paralegals specifically devoted to handling collection matters from start to finish. There is also a group of attorneys in the Commercial Department that specializes in employment law. From drafting and reviewing employee manuals, counseling clients to be proactive on employment matters, and representing clients in employment disputes and litigation, Harwood Lloyd s Employment Law Group is ready and able to help its business clients. Marcy Gilroy, a senior associate in the Employment Law Group, often gives seminars to business clients about how to avoid or handle employment issues after problems occur. Ms. Gilroy notes, It s so important for businesses to take a proactive approach to employee relations instead of waiting for issues to arise, particularly in the current economic climate. We counsel our clients to help them avoid problems whenever possible. Of course, when that is not possible, or a dispute does arise, we are prepared to litigate aggressively on behalf of our clients. General Litigation, Insurance Defense Litigation For many years, a large part of Harwood Lloyd s practice was insurance litigation. That remains true today. We handle all aspects of insurance litigation, from first-party claims, third-party claims, insurance fraud and insurance coverage issues, says David Robertson, partner in the General Litigation Department. Russell Pepe, also a General Litigation partner, adds, Harwood Lloyd has a daily presence in courts throughout New Jersey and the New York metropolitan area representing insurance carriers and their insureds. Insurance carriers know that when one of our attorneys appears in court in connection with one of their cases, that attorney is thoroughly prepared both as to the law and the facts of that case. Judges and adversaries also know that an attorney from Harwood Lloyd is not only ready to proceed with the case, but, when appropriate and consistent with the client s instructions, will also work to try or resolve the case with candor, fairness and reasonableness. Besides the general array of insurance litigation matters, Harwood Lloyd also provides expert representation in connection with more specialized insurance issues Attorneys in the firm s General Litigation Department (Standing L-R): Russell A. Pepe, Curtis J. Turpan, David T. Robertson, Peter E. Mueller, Gregory J. Irwin; (Seated L-R): Seth D. Griep, John W. McDermott, Jeanne O. Marino, Lena Yutsis, Kristine Denning, Eileen P. Kuzma, Andrew G. Toulas, Warren C. Farrell and Kenneth R. Foreman. 56 COMMERCE

7 (L-R) Associate Michael A. Augello, Jr., and Partner Michael B. Oropollo meet regarding pending construction litigation. such as personal injury protection or PIP matters. Partner Curtis Turpan who heads up the firm s PIP litigation group says, PIP cases involve special concepts under New Jersey laws. An attorney representing a carrier in a PIP matter has to be familiar not only with the legal principles involved, but also with the medical terminology applicable to a particular case. It s a specialized area of insurance defense litigation, but one that Harwood Lloyd is uniquely qualified to handle. Another specialized area of insurance, defense litigation relates to construction defect claims. Partner Michael Oropollo says, Construction-related lawsuits, whether for injury to a worker on site, or for faulty design and workmanship, can be bet the company cases. The bodily injury claims are usually catastrophic as are the construction defect claims, which are often not covered by insurance. Plaintiffs name every possible party as a defendant, and this drives up complexity and costs. Harwood Lloyd attorneys get to work early on these cases, retain the best experts, and try to engineer an early exit strategy. If we and our experts agree that our client s liability is clear, we recommend early settlement, rather than spending dollars on defense costs. And when liability is not clear, we carefully choose which of the scores of depositions and site inspections to attend, avoiding those that do not relate to our client s liability. In appropriate cases, we seek voluntary dismissals from the plaintiff and promptly move for summary judgment. In others, and where the contractual language permits, we compel other defendants to take over the cost of defending our clients. We work hard at extricating our clients from these long-running cases as soon as practicable and at minimum cost. Besides cases involving claims made pursuant to insurance policies, sometimes parties require a review and explanation of the scope of the coverage and their rights under a particular policy of insurance. Partner Peter Mueller explains, In many situations, it is unclear whether a claim or suit is covered by insurance. Since its inception, Harwood Lloyd has been involved in significant insurance coverage litigation. Generally the firm s clients in such matters have been insurance companies. But in many cases, non-insurance carrier clients have come to the firm after their insurers have denied coverage. Where such disclaimers have merit, we explain the reasons to the client and endeavor to resolve the underlying litigation as economically as possible. In many others, our reputation for being knowledgeable in insurance coverage matters has enabled us to persuade insurers, without litigation, that their position is incorrect and coverage is owed. In this situation everyone wins, because costly litigation is avoided and the firm s client reaps the benefit of the insurance premiums they have paid. Partner David Robertson brings a special expertise to the insurance litigation team. Mr. Robertson began his legal career in the Bergen County Prosecutor s Office handling, among other types of matters, fraud cases. He brings that experience as a fraud prosecutor to the field of insurance. Unfortunately, some people try to defraud their insurance carrier to recover on a claim that has no basis. That negatively impacts not only the carrier, but also all other insureds. Whether the claim relates to auto damage or theft, lost jewelry or other types of claims, my experience as a fraud prosecutor allows me to effectively analyze and prosecute insurance fraud claims from a perspective that other practitioners don t have. Mr. Robertson is also a frequent speaker to insurance companies and industry groups on the topic of insurance fraud and how to prevent and prosecute it. Carrying on the Legacy Although each Harwood Lloyd attorney concentrates his or her practice in a specific area of the law, the firm s practice covers virtually every area of the law. As a result, a client who retains the firm for a particular legal matter has the advantage of having attorneys practicing in other areas provide their expertise to their matter. One of the great things about Harwood Lloyd is the depth of legal knowledge and experience among the attorneys in the firm, says partner Gregory Irwin. My practice focuses on insurance defense cases. If one of my cases involves issues of trust or estate law, or real estate or banking law, I m able to draw upon the resources of other attorneys in the firm who are expert in those fields to help resolve my matter. That sense of teamwork helps all of us provide to our clients the most complete representation possible. Excellence of service, professionalism and teamwork they are the principles on which Harwood Lloyd was founded. Those principles remain at the heart of the firm s practice 35 years later. They have never wavered. Frank Lloyd left us in good stead, says Mr. Repetto. He taught us well the importance of hard work, integrity, professionalism and camaraderie among ourselves. Those have been the keys to the firm s success in the past and remain the basis for our success going forward. We re proud to be able to carry on his legacy. October 2010 COMMERCE 57