Legal Services & Lawyers

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I am a commercial litigator specializing in federal litigation, including trials. I work extensively with online businesses, specifically in connection with the use of intellectual property on the Internet in both litigation and non-litigation roles. My firm is also recognized for its strength in construction litigation.

I have successfully represented clients of every size in state and federal courts, arbitrations and mediations in a variety of litigation matters, including contract disputes, distributorship litigation, trademark and unfair competition cases, business tort claims, toxic tort and insurance coverage litigation, discrimination and wrongful discharge cases, copyright infringement claims, and cases involving trade secrets, restrictive covenants and real estate. My litigation experience runs from pretrial investigation and early dispute resolution through every aspect of bench and jury trials as well as appeals.

My blog about copyright, trademark and related issues, LIKELIHOOD OF CONFUSION®, was recognized by the ABA Journal as one of the top 100 law-related blogs in the country in its first-ever listing in 2007.

Mark has almost 30 years experience in personal injury and litigation. While a student, he was a paralegal in his father's law office. After law school, Mark worked on Wall Street at one of the oldest and most prestigious law firms, Cadwalader, Wickersham & Taft. Later, he joined the family personal injury practice where he enjoys hands-on, close contact with his clients.
--Mark lives in North Jersey with his beautiful wife, their three wonderful sons, and their friendly dog, Atticus.

Daniel S. Swinton, Esq.
Mr. Swinton received his J.D. at Pace University School of Law from which he graduated Cum Laude, as a Ranking Scholar and winner of the American Jurisprudence Award for Excellent Achievement in the Study of Wills and Trusts. Mr. Swinton is a contributing author of "Generations - Planning Your Legacy" (Esperti Peterson Institute 1999) and "Strictly Business" (Quantum Press 2002). In addition to his membership in the National Association of Elder Law Attorneys (NAELA) Mr. Swinton is a member of the American Bar Association, New Jersey State Bar Association, and the Union County Bar Association.

With 25 years of experience, I represent financial professionals and firms in all aspects of their operation, compliance and litigation matters, nationwide. I also represent individual brokers from virtually every major firm in their contract negotiations, employment termination, U-4 and U-5 issues. In specialized situations where the facts or law present novel issues, I also represent investors.

Locally, I represent small and medium sized businesses in their formation, operation and litigation, using my Wall Street background to assist those business entities.

ALAN S. GOLDBERGER is a member of the New Jersey, New York and Maryland Bars and practices in the areas of sports law, business law, sports insurance defense, association law, and commercial and chancery litigation. In addition to being admitted to practice in New Jersey, New York and Maryland, he is admitted to practice before the U.S. District Court for the District of New Jersey, the U.S. District Court for the Southern District of New York, the U.S. District Court for the District of Maryland, and the U.S. Court of Appeals for the Third Circuit. He is rated AV in Martindale-Hubbell and is listed in Best's Directory of Recommended Insurance Attorneys. He is a graduate of Franklin and Marshall College and the Rutgers University School of Law - Camden.

Alan's clients have included closely held and publicly traded corporations, insurance carriers and claims administrators, small businesses, attorneys, accountants, physicians, athletic officials' associations, sports organizations, health care providers, airlines, banks, manufacturers, retailers, distributors, nonprofit membership organizations, educational institutions, religious organizations, athletic officials, coaches, and other individuals engaged in professional services and business pursuits.

Alan is the author of SPORTS OFFICIATING: A LEGAL GUIDE; and SPORTS OFFICIATING: A LEGAL GUIDE 2nd Edition, the recognized legal authorities for game officials; and co-author of SPORT, PHYSICAL ACTIVITY AND THE LAW; SPORT, PHYSICAL ACTIVITY AND THE LAW 2nd Edition; and SPORT, PHYSICAL ACTIVITY AND THE LAW 3rd EDITION, college textbooks for sport law courses. He has written numerous articles that have appeared in legal and athletic publications nationwide, including Referee Magazine and the National Federation Officials' Quarterly.

He has been a featured speaker at numerous national conferences, including the National Association of Sports Officials, the International Association of Approved Basketball Officials, Inc., the American Bar Association, the National Intramural Recreational Sports Association, the National Parks and Recreation Association, the Medical Society of New Jersey, the New Jersey Council of Administrators of Health and Physical Education, the Athletic Trainers Society of New Jersey, Inc., the National Police Athletic League; US Lacrosse National Convention and many state and local high school athletic associations, colleges, universities, and school districts.

Alan serves as Parliamentarian and counsel to the International Association of Approved Basketball Officials, Inc.; and Chair of the National Association for Girls and Women in Sport Committee on Legal Issues. He is also counsel to many officials organizations, including the State Basketball Officials Association of New Jersey, Inc. and the New Jersey State Baseball Umpires Association, Inc.

He is Chair of the American Bar Association Section of Business Law Nonprofit Corporations Committee Nonprofit Athletic and Recreation Associations Subcommittee, and Chair of the Trade Associations Subcommittee. He is chair of the Defense Research Institute Sports Law Special Litigation Group. He has served on the National Federation Officials Quarterly Publications Committee and is a Past President of the School and Community Safety Society of America. He is a member of the Association for Active Lifestyles and Fitness, the International Association of Approved Basketball Officials, Inc., the National Association for Girls and Women in Sport, the National Federation Interscholastic Officials Association, the New Jersey Football Officials Association, the New Jersey State Baseball Umpires Association, Inc., the North Jersey Board of Approved Basketball Officials, Inc., and the Sports and Recreation Law Association. He has taught business law and sports law on the college level, and is a New Jersey Department of Education Professional Development Provider (No. 5290)

Alan is a Past President of the North Jersey Board of Approved Basketball Officials, Inc. -- District Board 33 of the International Association of Approved Basketball Officials, Inc. -- one of the largest IAABO officials organizations in the world. He also is a past-president of The School and Community Safety Society of America (now Safety & Risk Management Council).

Alan has been a certified and registered baseball umpire, basketball official and football official for more than 30 years. He began officiating with the Pennsylvania Interscholastic Athletic Association (PIAA) in 1968, while attending Franklin & Marshall College in Lancaster, Pennsylvania. His officiating continued in New Jersey while he attended Rutgers University School of Law in Camden. He continued to officiate all three sports for many years thereafter. He has officiated many state tournament games, as well as men's and women's college basketball, working most recently in the Northeast Conference.

Alan is the 2007 recipient of the Honor Award of the American Association for Physical Activity and Recreation's Safety & Risk Management Council, presented in recognition of significant congtributions on behalf of, and as a member of the Council. In 2006, Alan was the recipient of the Frank C. Corrigan Memorial Award of the North Jersey Board of Approved Basketball Officials, Inc. -- IAABO Board #33. The award is presented for outstanding contributions to basketball officiating. In 2004, Alan was the recipient of the Dominic Cuccinello Distinguished Service Award of Board 33.

Alan Goldberger also received the 2003 School and Community Safety Society of America's Presidential Citation. In 2001, Alan was the recipient of the Outstanding Attorney/Nonprofit Lawyer Award of the American Bar Association Section of Business Law Committee on Nonprofit Corporations, as well as the Presidential Award of the National Association for Girls and Women in Sport; and the Professional Service Award of the School and Community Safety Society of America.

PRACTICE AREAS

PRACTICAL, RESULT ORIENTED LEGAL SERVICES FOR BUSINESS, NONPROFIT ORGANIZATIONS, AND INDIVIDUALS

Alan Goldberger's clients have included closely held and publicly traded corporations, insurance carriers and claims administrators, small businesses, attorneys, physicians, athletic officials' associations, sports organizations, health care providers, airlines, banks, manufacturers, retailers, distributors, nonprofit membership organizations, educational institutions, religious organizations, athletic officials, coaches, and other individuals engaged in professional services and business pursuits. A nationally recognized authority on sports officiating and sports law, Alan is frequently retained by major insurance carriers and claims administrators to defend sports organizations, game officials, coaches, camps, schools, and other entities in sports related claims.

Alan has obtained significant results for clients in business and commercial cases, as well as sports related cases. He has prosecuted and defended numerous contract claims, chancery matters, partnership and corporate disputes, private and nonprofit association hearings, business torts, tax court matters, employment related claims, Law Against Discrimination claims, and other commercial matters in litigation, administrative, and ADR forums. He has served as corporate, and transactional counsel to numerous businesses; and as hearing officer for a number of private associations.

The LAW OFFICES OF STUART G. BRECHER, LLC prides itself on offering exceptional personalized legal services to businesses, individuals, and non-profit organizations. The Firm's practice is diverse with a strong concentration in the area of debtor and creditor rights and relations, including general insolvency, bankruptcy (business, personal, and not-for-profit organizations), debt management and restructuring, business reorganization, business wind-down and liquidation, creditors rights and remedies, bankruptcy litigation, commercial/business litigation, and general civil litigation. Other practice areas of the Firm include, but are not limited to, business and commercial transactions, business disputes, business formation and organization, contract and leasing matters, debt collection, foreclosures and related receiverships, municipal court matters and motor vehicle violations, and real estate.

Firm Member Stuart G. Brecher, Esq. is licensed to practice before the State and Federal courts in New Jersey and New York, as well as the Southern District of New York, the Third Circuit Court of Appeals and the United States Supreme Court. In connection with his bankruptcy and creditors rights practice, Mr. Brecher has represented Chapter 7 bankruptcy trustees, Chapter 11 debtors-in-possession (including YMCA of Newark & Vicinity, Harvard Industries, Inc., and Union Nursing Home, Inc.) and unsecured creditors committees in Chapter 11 business and personal reorganization proceedings, as well as secured and unsecured creditors. Additionally, Mr. Brecher has represented court-appointed receivers in commercial foreclosure matters, and he has served as a duly designated Assignee for the benefit of creditors in general assignment proceedings commenced under New Jersey State law.

Mr. Brecher was awarded a J.D. degree in 1980 from Rutgers School of Law at Newark, where he was elected to the Appellate Moot Court Board and served as a teaching assistant in legal research and writing courses. He graduated with an A.B. degree in Economics in 1977 from Rutgers College at New Brunswick, where he was elected to Omicron Delta Epsilon, the Honor Society in Economics.

Mr. Brecher served as Judicial Law Clerk to the Hon. Warren Brody and the Hon. John J. Callahan of the Superior Court of New Jersey for the 1980-1981 Court Term. He is âAVâ rated (the highest rating) by the internationally recognized Martindale-Hubbell Law Directory, and has earned the distinction of being named a New Jersey Super Lawyer by Law & Politics magazine and the publishers of New Jersey Monthly.

Mr. Brecher has been a member of the following professional organizations:

Bankruptcy American Inn of Court (designated as Master; Program Chair, 1997-98 Term)
American Bar Association (Section of Business Law, Committee on Business Bankruptcy, Chapter 11 Subcommittee)
New Jersey State Bar Association (Bankruptcy Law Section)
Turnaround Management Association (Director, New Jersey Chapter)
Morris County Bar Association
Union County Bar Association
Essex County Bar Association (Debtor/Creditor Committee)
Commercial Law League of America (Bankruptcy and Insolvency Section)

Additionally, Mr. Brecher served for many years as an appointed member and Vice-Chair of the Randolph Township Economic Development Committee.

Mr. Brecher has authored and published a number of articles and other written materials on a variety of legal topics: “Corporate Authority for Filing a Voluntary Petition”, NJSBA Creditor and Debtor Relations Section Newsletter, Volume XIII, No. 1 (December, 1991); “The Qualifying Trust Exemption (Exclusion?) Provisions of N.J.S.A. 25:20-1: Do They Deliver?”, NJSBA Bankruptcy Law Section Newsletter, Volume XIV, No. 2 (April, 1995); “New Jersey’s Qualifying Trust Exemptions: Can State Bankruptcy Protections Withstand Federal Supremacy?”, 140 N.J.L.J. 106 (Trusts and Estates Supp., June 19, 1995); Unraveling the Mysteries of Municipal Taxes and Their Treatment in Bankruptcy Proceedings, New Jersey Institute for Continuing Legal Education (1997) (Co-Author); “Creditors’ Committees in Chapter 11 Proceedings”, 154 N.J.L.J. 669 (November 23, 1998); “Determination of Tax Liability Under Section 505”, ECBF Chronicle (December, 1998); “Determining Tax Liability Under Section 505(a)”, 155 N.J.L.J. 496 (Bankruptcy Law Supp., February 1, 1999). He is co-author of the New Jersey Institute of Continuing Legal Education publication entitled Unraveling The Mysteries Of Municipal Taxes And Their Treatment In Bankruptcy Proceedings, and the Lorman Education Services manual entitled Bankruptcy In New Jersey: A Creditor's Perspective.

Mr. Brecher also has been a speaker and panelist for various groups and organizations, including:

New Jersey Institute for Continuing Legal Education
New Jersey State Bar Association, Bankruptcy Law Section, Annual Bankruptcy Bench-Bar Conference
New Jersey Corporate Counsel Association
Lorman Education Services
New Jersey League of Municipalities
Essex County Bar Association
Turnaround Management Association (New Jersey Chapter)

Moreover, Mr. Brecher is attorney of record in a number of reported Federal and New Jersey State court decisions, including:

In re Top Grade Sausage, Inc., 227 F.3d 123 (3d Cir. 2000)
In re Dale Jackson, 249 B.R. 373 (Bankr. D.N.J. 2000)
In re 2435 Plainfield Avenue, Inc. (2435 Plainfield Avenue, Inc. v. Township of Scotch Plains), 78 F.Supp.2d 482 (D.N.J. 1999)
In re Harvard Industries, Inc., 138 B.R. 10 (Bankr. D.Del. 1992)
In re Anthony Ferrante & Sons, Inc., 119 B.R. 45 (Bankr. D.N.J. 1990)
In re Giggles Restaurant, Inc., 103 B.R. 549 (Bankr. D.N.J. 1989)
Central Steel Drum Co. v. Gold Cooperage, Inc., 200 N.J. Super. 251 (App. Div. 1985)
Mikulicka v. Baer, 184 N.J. Super. 457 (Ch. Div. 1982)

A Passion for Justice; The Experience to Win. My goal is to protect your rights to statutory mandated health care, for all NJ Workers, injured on the job. It is a basic HUMAN RIGHT!
Contact Jay H. Bernstein 24 hours at 201 519-6785 for a free consultation or call our office at 973-623-0100 to set up a free appointment in Newark N.J. *** Jay H. Bernstein manages the Workers' Compensation practice of Kirsch, Gelband, & Stone, in Newark N.J, specializing in Emergency Motions for Medical Treatment and Surgery, with hundreds of successful court orders for emergency surgery and medical treatment. His practice also includes Social Security Disabilty law and appallate practice (pro bono criminal constitutional law for the N.J. Public Defender).

Mr. Bernstein, who has practiced for nearly 20 years, has represented thousands of injured workers throughout New Jersey, and has been named by the Supreme Court of New Jersey as a Certified Workers' Compensation attorney, a distiction held by less than 5% of attorneys throughout the State.

Mr. Bernstein served as a legal clerk for the Ministry of Justice, State of Israel, in Jerusalem; a legal intern for Congressman Torricelli, in the U.S. Congress; and as a Legal Aid Attorney, representing homeless children and families in Trenton, N.J. Mr. Bernstein received a Commendation for Superior Performance from the Trial Defense Service of the United States Army, JAG Corps, Ft. Knox, Kentucky,

and a commendation for Volunteer Service in the First Gulf War from the State of Israel.

Jay is a an original founding member of the NJ Mass Disaster Legal Response Program, which has served families of the 9/11 Terror attack, and Hurricane and flood victims in the region, giving free legal aid and services.