Joshua S. Bauchner

Potential of Legal Cannabis Market in NJ Gaining Attention

Ansell Grimm December 15, 2017

When New Jersey’s Governor-Elect Phil Murphy is sworn into office on Jan. 16, one of the most anticipated changes to come to the Garden State will be the legalization of recreational marijuana. Murphy has said legalization of marijuana is a priority for his first year in office and legalization bills (which have already been introduced in the legislature) are expected to be reintroduced early in the next legislative session.

Marijuana Business Daily recently spoke to Ansell Grimm & Aaron, PC partner Joshua Bauchner for an early look at what to expect in the next year. Mr. Bauchner was quoted about the “Green Rush” and how Ansell Grimm’s dedicated cannabis practice is serving clients.

For those considering becoming involved in the industry, a Symposium hosted by Ansell Grimm & Aaron, PC, BSC Group, Viridis Security Group, Longview Strategic, Marcum LLP, and the NJ CannaBusiness Association is slated for January 25, 2018 at the New Jersey Performing Arts Center in Newark.

For additional information about the Symposium and opportunities in the growing legal cannabis industry, visit our Cannabis Law Practice Group, follow us on Twitter at @THCCounselors, or contact Joshua S. Bauchner, Esq. at jb@62q.f7d.myftpupload.com or (973) 247-9000.

Symposium on legal cannabis business opportunities slated

Ansell Grimm November 29, 2017

Ansell Grimm & Aaron PC, along with BSC Group, Viridis Security Group, and the New Jersey Cannabusiness Association are sponsoring the New Jersey Cannabis Symposium, an in-depth professional workshop to prepare New Jersey’s future adult-use cannabis industry participants. The symposium will be held January 25, 2018 at the New Jersey Performing Arts Center, in Newark.

This unique event has been designed by experienced cannabis industry professionals who have been through successful licensing processes in other states. It is for professionals who are strongly considering their future prospects in New Jersey’s potentially legal cannabis industry (With Phil Murphy’s win, it’s ‘full steam ahead for legal marijuana). Our goal is to equip attendees with tangible action steps, and answer crucial questions as they pertain to timelines, application requirements, finances, talent acquisition, and more.

To register, please visit http://www.legalcannabisinnj.com/, or for additional information visit our Cannabis Law Practice Group, follow us on Twitter at @THCCounselors, or contact Joshua S. Bauchner, Esq. at jb@62q.f7d.myftpupload.com or (973) 247-9000.

AG&A Representing Self-Help Author In Wrongful Termination Suit

Ansell Grimm November 28, 2017

On November 14, “The Uninvited: How I Crashed My Way Into Finding Myself,” was released to great acclaim as a story of redemption by AG&A client Craig Schmell.

Just prior to its release, Mr. Schmell’s employer, Morgan Stanley, terminated him upon learning that he is a recovering alcoholic; a critical part of the book’s storyline. Ansell Grimm & Aaron, PC partner, Joshua S. Bauchner, and the firm immediately filed suit alleging unlawful termination arising from the discrimination against Mr. Schmell, a member of a protected class under state law.

The action is captioned: Craig Schmell v. Morgan Stanley & Co., Inc., Docket No. MON-L-4077017, pending in the Superior Court of the State of New Jersey, Law Division, Monmouth County.

Mr. Schmell worked as a Senior Vice President with the company from 2006 until his dismissal earlier this year.

Mr. Schmell gained notoriety for his ability to place himself at the center of major events such as the Rangers’ Stanley Cup victory and the Grammys. In his memoir, he recounts those times and the unfortunate role his substance abuse played in his being “uninvited” onto the world’s stage.

Prior to publication, Mr. Schmell allowed his employer to review the book and, upon its request, made significant changes to accommodate Morgan Stanley. Despite his efforts, which included removing any mention of the company and a reference to an arrest at age 16, Schmell was told the book created “reputational risk” for the company and that risk was the reason for his termination, although he has been sober for nearly three decades.

In his suit, Mr. Schmell contends that the real reason for his dismissal was his prior drug and alcohol abuse and his status as a recovering alcoholic. Indeed, Mr. Schmell and the book already have been featured in multiple news outlets, including: Good Day New York, Cheddar, People Magazine, and Advisor Hub.

Ansell Grimm & Aaron, PC’s employment group regularly represents individuals and employers in discrimination disputes. For additional information, please contact Joshua S. Bauchner or Michael H. Ansell at (973) 247-9000.

* * *

For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people.

New York’s Medical Marijuana Program Is Undergoing Some Big Changes

Ansell Grimm October 26, 2017

In a recent analysis of those changes completed for the MJBA’s MJ News Network, Ansell Grimm & Aaron, PC attorneys Joshua S. Bauchner and Anthony J. D’Artiglio reviewed the New York State Department of Health’s proposed amendments to Section 1004.11(g). These new regulations are part of the State’s continued efforts to expand and modernize its medical marijuana program following the addition of chronic pain as a covered illness earlier this year. For the full analysis visit MJBA’s website here.

NYC developer and affiliates facing suits on two properties

Ansell Grimm October 13, 2017

A pair of lawsuits against L&M Development Partners and its affiliates are proceeding as residents in two of the builder’s Harlem projects seek compensation for costs associated with remediating defective work done during construction of their homes. The litigations recently were featured in Crain’s New York Business and Habitat Magazine.

The boards at La Celia, a 123-unit condo at 64 E. 111th St., and a 75 unit complex created from the conversion of PS90, a school located at 220 W. 148^th St., initiated the suits as the costs of the repairs spiraled into the millions of dollars.

Both complexes are represented by Joshua S. Bauchner, Esq. and Anthony J. D’Artiglio, Esq., attorneys with Ansell Grimm & Aaron, PC.

Attorneys from Ansell Grimm & Aaron PC successfully have represented clients in numerous construction defect cases, including Cypress Point Condominium Association, Inc. v. Adria Towers, LLC in New Jersey in which the state’s Supreme Court unanimously affirmed that construction defects and faulty workmanship that cause damage to other property is a covered event under the General Contractor’s general liability insurance policies.

For additional information, please contact Joshua S. Bauchner, Esq. at jb@62q.f7d.myftpupload.com or (973) 247-9000.

* * *

Appeals court revives suit over breach of fiduciary duty

Ansell Grimm July 26, 2017

Joshua S. Bauchner, Esq., a partner of Ansell Grimm & Aaron, P.C., and co-chair of the firm’s Litigation Department, and Michael H. Ansell, an associate with the firm, recently secured the reversal on appeal of Dennis T. Palmeri, Jr’s suit against his former attorneys at Willkie Farr & Gallagher LLP.

Palmeri alleged that Willkie unilaterally terminated its representation of him in favor of his employer, Ramius Securities, and then shifted responsibility for purported violations of FINRA’s rules onto him to protect its corporate client. Palmeri claimed the law firm breached its fiduciary duty in violating his right to conflict free representation.

The trial court ruled that Palmeri failed to file his suit within the statute of limitations period, but the Appellate Division, First Department, unanimously disagreed and reinstated the case. For the full story, please visit Law360, or the New York Law Journal.

Bauchner Representing La Celia Owners in Construction Defect Suit

Ansell Grimm July 10, 2017

ANSELL, GRIMM & AARON, PC commenced two actions in the Supreme Court of the State of New York against L&M Development Partners, and its affiliates, for design and construction defects in two of its projects in Harlem, on behalf of plaintiffs La Celia Owners Corporation, located at 64 East 111^th Street, and PS90 Board of Managers, located at 220 West 148^th Street.

The actions assert, among other things, that L&M breached its contractual obligations and made negligent misrepresentations by failing to construct the buildings in accord with the terms of each Offering Plan. Indeed, the buildings were forced to retain engineering and construction firms to identify and remediate design and construction defects endemic to each building.

By example, at La Celia, the engineer’s work revealed significant leaks and penetrations throughout the building, fire hazards, items not constructed to Code, and that at least 70% of residents have insufficient cooling, likely due to “marginally sized and under-sized” PTAC units. At PS90, the engineer’s work revealed that the parapets and significant portions of the façade were defective, widespread water intrusion, and that the roof disclosed in the Offering Plan was not actually installed and is now in need of repair and replacement. Indeed, at PS90, large chunks of the façade have fallen off the building creating a serious safety hazard and compelling the installation of shedding and the closure of the courtyard.

Both buildings undertook efforts to amicably resolve these issues with L&M, but were unfortunately without success, necessitating the lawsuits. Joshua S. Bauchner, a partner with the law firm of Ansell, Grimm & Aaron P.C., and counsel to both buildings commented that “L&M prides itself on promoting development in low income communities. However, when it cuts corners to save a dime, it saddles residents with the significant costs of repair which they simply cannot afford, as L&M well knows. We are simply asking that L&M correct defects of their own making in accord with their express obligations under the Offering Plans.”

Christopher Therkorn, the Board president of PS90, echoed this sentiment, stating “Our entire building is under scaffolding right now as we were forced to repair the parapets, roof, and façade. At this time, our residents are confronted with these unbearable costs as L&M has sought to wash its hands of the matter.” And, Jon Winstone, the Board president of La Celia, noted that “When you are finally able to buy into what is promoted as a beautiful, new building your hopes are high. Then, those hopes are dashed when the ugly underbelly reveals itself — water leaks everywhere, insufficient air conditioning, and rampant Building Code violations.”

The actions are captioned La Celia Owners Corp. v. East 111 Associates, LLC, East 111 Mezzanine, LLC, East 111 Managers, LLC, L&M Development Partners, Inc., and L&M Builders Group, Index No. 654485/2017, and PS90 Board of Managers v. L&M Development Partners, West 147th Associates, LLC, West 147th Managers, LLC, L&M Builders Group, LLC, L&M West 147th Developers, LLC, Index No. 654603/2017.

Ansell Grimm & Aaron attorneys regularly represent clients in construction litigation and litigation against sponsor developers. For additional information, please contact Joshua S. Bauchner, Esq . (jb@62q.f7d.myftpupload.com) or Anthony J. D’Artiglio (ajd@62q.f7d.myftpupload.com) at (973) 247-9000.

Developers Continuing to Pursue Antitrust Suits

Ansell Grimm June 26, 2017

Fidelity Eatontown and QuickChek, represented by AGA attorneys Joshua Bauchner and Michael Ansell, will continue to pursue their claims against Excellency Enterprises, Kennedy Auto Service and others for attempting to eliminate competition in the local market for gas station convenience stores by preventing Plaintiffs’ developments from moving forward.

Fidelity Eatontown and QuickChek asserted violations of the Sherman Act and the New Jersey Antitrust Act, as well as claims for tortious interference and civil conspiracy, by Defendants after they filed allegedly frivolous litigations seeking to delay construction on Eatontown Planning Board approved developments by Fidelity and QuickChek.

According to a story published by www.law360.com by Joyce Hansen, U.S. District Judge Brian R. Martinotti “ruled that the developers had made claims that could show the gas station companies had tried to discourage competition by making baseless challenges to the developers’ planning applications.”

Bauchner told LAW360 “The court’s decision confirms that entities seeking to abuse the land use process by engaging in sham litigation to prevent lawful competition are properly subject to federal antitrust claims.”

For the full story on Judge Martinotti’s decision, visit www.law360.com.

ANSELL GRIMM & AARON, PC zoning and land use attorneys have successfully secured land use approvals for many notable projects throughout the State of New Jersey and our litigation practice group offers extensive legal acumen as well as an in-depth understanding of all commercial operations. Please contact Joshua S. Bauchner (jb@62q.f7d.myftpupload.com) or Michael H. Ansell (mha@62q.f7d.myftpupload.com) to discuss your case.

* * *

Bauchner details quagmire awaiting any plans to restrict cannabis industry

Ansell Grimm June 19, 2017

ANSELL GRIMM & AARON, PC partner Joshua S. Bauchner recently published an article with High Times Magazine on the legal, political, and economic reasons the Trump administration needs to step back from placing greater restrictions on the cannabis industry. The article, entitled “Trump and Sessions Need to Take a Deep Breath (And Perhaps Inhale) When It Comes to Pot Regulations” is available here.

AGA Hosts Cannabis Roundtable

Ansell Grimm May 15, 2017

ANSELL GRIMM & AARON, PC hosted a Cannabis Roundtable on May 11, 2017, including representatives from various business sectors supporting the cannabis community. The goal of the Roundtable was to offer a suite of services to clients providing total support in each sector and easing an otherwise very challenging entry into the cannabis marketplace (particularly on the East Coast).

Participants included:

Ed Keating, a co-founder of Cannabiz, which is the most comprehensive source for U.S. marijuana licensing information acquiring and maintaining up-to-date data on over 16,000 marijuana licenses in the Cannabiz Media Database.
Frank Salluce and Dave Smokler, the co-founders of 420 IT Solutions, which is the leading provider of business advisory and IT advisory services for the cannabis related businesses.
Max Meade and Billy Roberts, with Brown & Brown Insurance, which provides total policy coverage for cannabis, hemp and CBD operations, including: general liability, product liability, excess liability, property, crop, equipment breakdown and workers comp.
Tom Corbo, of Shure Grow, which provides hydroponics, lighting and related equipment for personal and commercial cultivation.
Joshua S. Bauchner, Esq., Michael H. Ansell, Esq., and Anthony D’Artiglio, Esq. of the firm explained how members of AGA’s Cannabis Law Practice Group can assist with corporate formation and governance, licensing, leasing, financing, litigation, and regulatory compliance.
Greg S. Gargulinski, Esq., a criminal defense attorney also with the firm, explained the intersection between state and federal law, and advised applicants on how to protect against a background check revealing dated, unknown, or de minimus issues which may compromise licensure.
AGA clients intending to apply for licensure when the application process is reopened also attended, connecting with those who can support the establishment of a dispensary and grow house in accord with New Jersey’s tiered license structure.

ANSELL GRIMM & AARON, PC’s dedicated Cannabis Law group has an in-depth understanding of the laws both specifically and generally related to cannabis production, sale, use, regulation and legalization and our attorneys are here to help individuals and businesses of all sizes and any stage of development plan for a successful future.

For additional information, please visit our Website and follow us on Twitter @THCCounselors where we provide frequent updates on legal and business developments in the cannabis space.

Recognition for Joshua Bauchner’s NORML Membership

* * *

Joshua S. Bauchner

Recent Posts