CSG RSS Feedhttp://csglaw.wiseadmin.biz/?t=39&format=xml&stylesheet=rss2_New&directive=0&records=20en-us30 Jun 2022 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssLaw360 Employment Authority: How Employers Can Promote Gender Inclusivity All Year Longhttp://csglaw.wiseadmin.biz/RA534S261/assets/files/News/Law360 - How Employers Can Promote Gender Inclusivity All Year Long.pdf&format=xml<p class="MsoNormal"><a href="https://www.csglaw.com/biographies/lindsay-dischley">Lindsay Dischley</a> and <a href="https://www.csglaw.com/biographies/catherine-venable">Catherine Venable</a> were featured in a <i>Law360</i> Employment Authority article titled, &ldquo;How Employers Can Promote Gender Inclusivity All Year Long.&rdquo;</p> <p class="MsoNormal">In the article, Lindsay and Catherine state how employers can celebrate Pride in the workplace. For example, &ldquo;bringing in speakers from within the LGBTQ community to speak to employees on inclusivity and acceptance.&rdquo; <o:p></o:p></p> <p class="MsoNormal">To read the full article, view the pdf below.&nbsp;<o:p></o:p></p>Publication29 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/RA534S261/assets/files/News/Law360 - How Employers Can Promote Gender Inclusivity All Year Long.pdf&format=xmlMitchell Berkey Named NJBIZ Icon Honors Award Recipienthttp://csglaw.wiseadmin.biz/?t=40&an=127129&format=xml<p class="MsoBodyText">Chiesa Shahinian &amp; Giantomasi PC (CSG Law) is proud to announce that Mitchell Berkey, Chair of the firm&rsquo;s Real Estate, Development &amp; Land Use Group, has been selected as a recipient of NJBIZ&rsquo;s Icon Honors award. This award recognizes New Jersey business leaders for their notable success and demonstration of strong leadership throughout their careers both within and outside of their chosen field.<o:p></o:p></p> <p class="MsoBodyText">Having worked on both sides of the transaction table for more than three decades, Mitch offers a business-oriented approach to his real estate practice,<span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;"> </span>advising institutional and entrepreneurial owners, managers, lenders, and corporate real estate users. He has been the visionary driving the practice&rsquo;s strategic growth to become one of the largest real estate markets in the state &ndash; with more than 40 professionals. Committed to anticipating clients&rsquo; critical demands in the real estate business, he has been a key player in attracting team members from high-profile roles within the private and public sectors. <o:p></o:p></p> <p class="MsoBodyText">Notably, Mitch joins&nbsp;<a href="https://www.csglaw.com/biographies/francis-j-giantomasi">Francis J. Giantomasi</a> (2017), <a href="https://www.csglaw.com/biographies/daniel-schwartz">Daniel A. Schwartz</a> (2018), <a href="https://www.csglaw.com/biographies/dennis-toft">Dennis M. Toft</a> (2019), and <a href="https://www.csglaw.com/biographies/armen-shahinian">Armen Shahinian</a> (2021) among NJBIZ Icon alumni at CSG Law.<o:p></o:p><br /> <br /> For more information and registration, please <a href="https://njbiz.com/event/icon-honors-awards-program-2022/">click here</a>.<o:p></o:p><br /> <br /> To see the full list of Icon honorees, please visit <a href="https://njbiz.com/introducing-the-2022-njbiz-icon-honorees/"><i>NJBIZ&rsquo;s</i> website</a>.<o:p></o:p></p>Publication28 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=127129&format=xmlJason Holt and Neha Bhalani Featured Among the ROI-NJ 2022 Influencers for Diversity & Inclusionhttp://csglaw.wiseadmin.biz/?t=40&an=127149&format=xmlChiesa Shahinian &amp; Giantomasi PC (CSG Law) congratulates <a href="https://www.csglaw.com/biographies/neha-bhalani">Neha Bhalani</a> and <a href="https://www.csglaw.com/biographies/jason-holt">Jason Holt</a> on being named among the <em>ROI-NJ</em> list of Influencers for Diversity &amp; Inclusion, a recognition of the top voices in corporate diversity, equity and inclusion programs across the state.<br /> <br /> Neha and Jason were recognized for their work both within CSG Law, where they currently serve as Co-Chairs of the firm&rsquo;s DEI Committee, and outside of the firm through their leadership in various organizations. Neha currently serves as Co-Chair of the New Jersey Theatre Alliance&rsquo;s Equity and Access Committee, while Jason serves on the leadership team of the New Jersey Business &amp; Industry Association&rsquo;s Diversity, Equity &amp; Inclusion Council and also Chairs the Diversity Committee of the New Jersey Institute of Local Government Attorneys.<br /> <br /> CSG Law&rsquo;s DEI Committee spearheads the firm&rsquo;s commitment to moving CSG Law in a continuously progressive direction through firmwide diversity training programs as well as recruiting and fundraising efforts. Last year, Bloomberg Law named CSG Law to its inaugural DEI Framework, which recognizes firms for the disclosure of diversity-related metrics and distinguished performance against six core pillars of an effective DEI program: demographics, leadership and talent pipeline, recruitment and retention, business innovation and strategy, marketing, and diversity and inclusion in the community. CSG was one of only 28 U.S.-based law firms listed in the framework.<br /> <br /> The full article can be viewed <a href="https://indd.adobe.com/view/5a6553db-d374-4da4-9435-54359b884746?utm_source=ROI-NJ+MAIN+Newsletter+List+%282%2F4%2F19%29&amp;utm_campaign=4b6bf0029b-EMAIL_CAMPAIGN_2022_06_29_02_38&amp;utm_medium=email&amp;utm_term=0_6732b2b110-4b6bf0029b-44340953">here</a>. <br />Publication27 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=127149&format=xmlCSG Law Named to National Law Journal's Top 500 Firmshttp://csglaw.wiseadmin.biz/?t=40&an=126099&format=xml<p>Chiesa Shahinian &amp; Giantomasi PC (&ldquo;CSG Law&rdquo;) is pleased to announce it has again been named to the <em>National Law Journal</em>&rsquo;s NLJ 500, which ranks the top 500 law firms across the United States. CSG Law climbed the NLJ&rsquo;s ranking up to 249th place in 2022, compared to 285th place last year and 290th place in 2020.<br /> <br /> Not only has CSG Law&rsquo;s overall rank risen, but the firm achieved a noteworthy 77th place on the Women&rsquo;s Scorecard, beating out many significantly larger firms as only the top 350 largest firms are eligible. Thirty percent of CSG Law&rsquo;s partners are women, well above the national average for law firms nationwide (which is 25% according to the NALP 2020 Report on Diversity in U.S. Law Firms). In addition, women comprise half of the firm&rsquo;s practice group leaders, 20% of its Executive Committee and 40% of its Management Committee.<br /> <br /> Building a diverse and inclusive workforce continues to be an important focus for CSG Law, as evidenced by the firm&rsquo;s Women&rsquo;s Initiative and Diversity &amp; Inclusion Committee. These groups have helped shape the future of the firm by identifying, developing and enabling the next generation of leaders and providing mentorship, training and policy development initiatives that are invaluable to the firm. As proof of this commitment, the firm was selected among New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; in 2020 and 2021 by <em>NJBIZ</em> and Best Companies Group in the large company category.<br /> <br /> <strong>About Chiesa Shahinian &amp; Giantomasi PC (CSG Law)<br /> </strong><br /> Named the Law Firm of the Year for 2021 by the New Jersey Law Journal, CSG Law has assisted a broad spectrum of clients in achieving their objectives by offering a comprehensive array of legal services and resources in numerous practice areas. Our more than 175 attorneys play a key role on clients&rsquo; advisory teams, providing strategic guidance to private enterprises, public entities and individuals. The firm has been named one of New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; for the past two years by NJBIZ and was recently one of only 28 law firms in the country to be named to Bloomberg Law&rsquo;s inaugural Diversity, Equity &amp; Inclusion Framework, which recognizes law firms for the disclosure of diversity-related metrics and distinguished performance. For more information visit <a href="https://www.csglaw.com">csglaw.com</a>.<br /> <br /> # # # #</p>News24 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=126099&format=xmlMelissa Wernick Named to Volunteer Lawyers for Justice's Board of Trusteeshttp://csglaw.wiseadmin.biz/?t=40&an=126085&format=xml<p><a href="https://www.csglaw.com/biographies/melissa-wernick">Melissa Wernick</a>, a Member of Chiesa Shahinian &amp; Giantomasi (&quot;CSG Law&quot;), was recently named to the Board of Trustees of Volunteer Lawyers for Justice (VLJ).<br /> <br /> VLJ described Melissa as &quot;a tenacious litigator with significant trial experience in criminal and civil matters. At CSG Law Melissa&rsquo;s practice includes white collar criminal defense, regulatory investigations, and complex civil litigation.&quot;<br /> <br /> &quot;Melissa is well known for being a zealous advocate for her clients, and she regularly appears in state and federal court on both sides of the Hudson (in addition to alternative dispute resolution forums),&quot; VLJ said in its release. &quot;When not at CSG Law, Melissa is an active member of the Women&rsquo;s White Collar Defense Association (New Jersey Chapter) in addition to her generous donation of time and talent to the boards of JCC MetroWest and VLJ.&quot;<br /> <br /> Of Melissa&rsquo;s joining the Board, VLJ&rsquo;s Executive Director, Cathy Keenan, said, &ldquo;VLJ is incredibly fortunate to have such an advocate for justice on its Board of Trustees, especially one who is an existing VLJ clinic volunteer and whose daily practice involves ensuring access to justice. Melissa&rsquo;s professional background including her litigation experience bring a unique perspective to the Board and one that will give us insight into the evolving nature of the practice of law, access to justice, and how VLJ can position itself to be a responsive, agile front-line provider of civil legal help. Melissa joins a wonderful group of trustees and on behalf of VLJ&rsquo;s staff, I look forward to working with her as both a volunteer and now Trustee.&rdquo;<br /> <br /> <strong>About Chiesa Shahinian &amp; Giantomasi PC (CSG Law)<br /> <br /> </strong>Named the Law Firm of the Year for 2021 by the New Jersey Law Journal, CSG Law has assisted a broad spectrum of clients in achieving their objectives by offering a comprehensive array of legal services and resources in numerous practice areas. Our more than 175 attorneys play a key role on clients&rsquo; advisory teams, providing strategic guidance to private enterprises, public entities and individuals. The firm has been named one of New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; for the past two years by NJBIZ and was recently one of only 28 law firms in the country to be named to Bloomberg Law&rsquo;s inaugural Diversity, Equity &amp; Inclusion Framework, which recognizes law firms for the disclosure of diversity-related metrics and distinguished performance. For more information visit <a href="https://www.csglaw.com">csglaw.com</a>.&nbsp;</p> <div> <div>&nbsp;</div> </div>News23 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=126085&format=xmlCSG Law Featured Among "Top Lawyers" in Morris/Essex Health & Life Magazinehttp://csglaw.wiseadmin.biz/?t=40&an=126072&format=xml<p>Morris/Essex Health &amp; Life Magazine recently featured 39 CSG Law attorneys as &quot;Top Lawyers&quot; in its June/July 2022 issue &ndash; the most ever featured on this ranking. The publication surveyed attorneys throughout New Jersey's Morris and Essex counties were asked to select colleagues who they consider the best within their practice area and whom they would seek out for legal needs.<br /> <br /> CSG Law honorees chosen by their peers include:</p> <ul> <li><a href="https://www.csglaw.com/biographies/daniel-barnes">Daniel D. Barnes</a> &ndash; Civil Law Litigation</li> <li><a href="https://www.csglaw.com/biographies/matthew-beck">Matthew E. Beck</a> &ndash; Criminal Defense</li> <li><a href="https://www.csglaw.com/biographies/neha-bhalani">Neha Bhalani</a> &ndash; Intellectual Property Rights</li> <li><a href="https://www.csglaw.com/biographies/michael-caruso">Michael R. Caruso</a> &ndash; Bankruptcy and Workout</li> <li><a href="https://www.csglaw.com/biographies/jeffrey-chiesa">Jeffrey S. Chiesa</a> &ndash; Criminal Defense</li> <li>Jenny Chung &ndash; Criminal Defense</li> <li><a href="https://www.csglaw.com/biographies/patricia-costello">Patricia K. Costello</a> &ndash; Arbitration and Mediation</li> <li><a href="https://www.csglaw.com/biographies/michelle-j-delaney">Michelle J. Delaney</a> &ndash; Corporate Finance Mergers and Acquisitions</li> <li><a href="https://www.csglaw.com/biographies/adam-derman">Adam K. Derman</a> &ndash; Commercial Litigation</li> <li><a href="https://www.csglaw.com/biographies/lindsay-dischley">Lindsay A. Dischley</a> &ndash; Labor and Employment</li> <li><a href="https://www.csglaw.com/biographies/david-dugan">David M. Dugan</a> &ndash; Professional Malpractice Non-Medical Defense</li> <li><a href="https://www.csglaw.com/biographies/francis-j-giantomasi">Francis J. Giantomasi</a> &ndash; Real Estate</li> <li><a href="https://www.csglaw.com/biographies/francis-m-giantomasi">Francis M. Giantomasi</a> &ndash; Criminal Defense</li> <li><a href="https://www.csglaw.com/biographies/gemma-m-giantomasi">Gemma M. Giantomasi </a>&ndash; Real Estate</li> <li><a href="https://www.csglaw.com/biographies/heidi-i-hansen">Heidi I. Hansen</a> &ndash; Tax Law</li> <li><a href="https://www.csglaw.com/biographies/ronald-israel">Ronald L. Israel</a> &ndash; Commercial Litigation</li> <li><a href="https://www.csglaw.com/biographies/chelsea-p-jasnoff">Chelsea P. Jasnoff</a> &ndash; Commercial Litigation</li> <li><a href="https://www.csglaw.com/biographies/lisa-a-john-basta">Lisa A. John-Basta</a> &ndash; Land Use and Environment</li> <li><a href="https://www.csglaw.com/biographies/brian-kantar">Brian Kantar</a> &ndash; Banking and Financial&nbsp;</li> <li><a href="https://www.csglaw.com/biographies/steven-a-loeb">Steven A. Loeb</a> &ndash; Wills, Trusts &amp; Estates</li> <li><a href="https://www.csglaw.com/biographies/marie-mathews">Marie L. Mathews</a> &ndash; Professional Malpractice Non-Medical Defense</li> <li><a href="https://www.csglaw.com/biographies/deborah-e-nelson">Deborah E. Nelson</a> &ndash; Arbitration and Mediation</li> <li><a href="https://www.csglaw.com/biographies/robert-nies">Robert E. Nies</a> &ndash; Bankruptcy and Workout</li> <li><a href="https://www.csglaw.com/biographies/peter-nussbaum">Peter E. Nussbaum</a> - Intellectual Property Rights</li> <li><a href="https://www.csglaw.com/biographies/jennifer-m-porter">Jennifer A. Porter </a>&ndash; Land Use and Environment</li> <li><a href="https://www.csglaw.com/biographies/abigail-remore">Abigail J. Remore</a> &ndash; Intellectual Property Rights</li> <li><a href="https://www.csglaw.com/biographies/melissa-salimbene">Melissa A. Salimbene</a> &ndash; Labor and Employment</li> <li><a href="https://www.csglaw.com/biographies/michelle-schaap">Michelle A. Schaap</a> &ndash; Technology Virtual&nbsp;</li> <li><a href="https://www.csglaw.com/biographies/michelle-bergeron-spell">Michelle Bergeron Spell</a> &ndash; Wills, Trusts &amp; Estates</li> <li><a href="https://www.csglaw.com/biographies/tremain-l-stanley">Tremain L. Stanley </a>&ndash; Family Law</li> <li><a href="https://www.csglaw.com/biographies/glenn-l-stein">Glenn L. Stein</a> &ndash; Corporate Finance Mergers and Acquisitions</li> <li><a href="https://www.csglaw.com/biographies/edward-b-stevenson">Edward B. Stevenson</a> &ndash; Corporate Finance Mergers and Acquisitions</li> <li><a href="https://www.csglaw.com/biographies/daniel-a-swick">Daniel A. Swick</a> &ndash; Wills, Trusts &amp; Estates</li> <li><a href="https://www.csglaw.com/biographies/dennis-toft">Dennis M. Toft </a>&ndash; Land Use and Environment</li> <li><a href="https://www.csglaw.com/biographies/thomas-trautner">Thomas J. Trautner Jr. </a>&ndash; Eminent Domain&nbsp;</li> <li><a href="https://www.csglaw.com/biographies/mauro-tucci">Mauro G. Tucci Jr.</a> &ndash; Commercial Litigation&nbsp;</li> <li><a href="https://www.csglaw.com/biographies/catherine-wells">Catherine P. Wells </a>&ndash; Labor and Employment&nbsp;</li> <li><a href="https://www.csglaw.com/biographies/susan-reach-winters">Susan Reach Winters </a>&ndash; Family Law</li> <li><a href="https://www.csglaw.com/biographies/scott-zuber">Scott A. Zuber</a> &ndash; Bankruptcy and Workout</li> </ul> <div><br /> The magazine contracted DataJoe Research of Boulder, Colorado to facilitate the online peer-voting process. DataJoe checked and confirmed that each published top vote getter had, at the time of review, a current, active license status with the State of New Jersey regulatory board.<br /> <br /> To view the full list, click <a href="https://issuu.com/wainscotmedia/docs/msx_june_july2022">here</a>.&nbsp;<br /> <br /> <strong>About Chiesa Shahinian &amp; Giantomasi PC (CSG Law)</strong><br /> <br /> Named the Law Firm of the Year for 2021 by the New Jersey Law Journal, CSG Law has assisted a broad spectrum of clients in achieving their objectives by offering a comprehensive array of legal services and resources in numerous practice areas. Our more than 175 attorneys play a key role on clients&rsquo; advisory teams, providing strategic guidance to private enterprises, public entities and individuals. The firm has been named one of New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; for the past two years by NJBIZ and was recently one of only 28 law firms in the country to be named to Bloomberg Law&rsquo;s inaugural Diversity, Equity &amp; Inclusion Framework, which recognizes law firms for the disclosure of diversity-related metrics and distinguished performance. For more information visit <a href="https://www.csglaw.com/">csglaw.com</a>.&nbsp;<br /> <br /> # # # #</div> <div>&nbsp;</div>News22 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=126072&format=xmlNJDEP Proposes Rules Implementing Landmark Environmental Justice Law Which Will Change the Paradigm of Environmental Permitting in Overburdened Communitieshttp://csglaw.wiseadmin.biz/?t=40&an=126042&format=xml<p>On June 6, 2022, the New Jersey Department of Environmental Protection (&ldquo;NJDEP&rdquo;) proposed its long-awaited environmental justice rule (the &ldquo;Proposed Rule&rdquo;). The Proposed Rule will impact permitting considerations on certain new and expanded facilities, and renewals of existing major source air permits located in New Jersey&rsquo;s overburdened communities. The Proposed Rule would implement the requirements of the groundbreaking environmental justice legislation (the &ldquo;EJ Law&rdquo;) enacted September 18, 2020 (N.J.S.A. 13:1D-157 et seq.). The Proposed Rule has significant implications for certain facilities located wholly, or partly, in overburdened communities.&nbsp; If adopted, the Proposed Rule will require extensive analysis of stressors in the overburdened community, the potential of additional control measures to avoid adverse stressors, and significant public participation requirements. For those intending on locating a new covered facility in an overburdened community, the EJ Law and Proposed Rules may result in a denial of a permit.&nbsp; The comment period for the Proposed Rule is currently scheduled to expire on September 4, 2022.<br /> <br /> The EJ Law and Proposed Rule cover 8 categories of facilities:&nbsp; (1) major sources of air pollution (i.e. those facilities that have or may require a Title V Operating Permit for air emissions); (2) resource recovery facilities or incinerators; (3) sludge processing facilities, combustors, or incinerators; (4) sewage treatment plants with a capacity of more than 50 million gallons per day; (5) transfer stations or other solid waste facilities, or recycling facilities intending to receive at least 100 tons of recyclable material per day; (6) scrap metal facilities; (7) landfills, including but not limited to ash, construction and demolition facilities, or solid waste facilities; and (8) medical waste incinerators (with exceptions for certain self-generating hospital and university facilities).<br /> <br /> The EJ Law broadly defines an &ldquo;overburdened community&rdquo; as &ldquo;any census block group,&rdquo; in accordance with the most recent United States Census, in which (1) at least 35 percent of households qualify as low-income households; (2) at least 40 percent of residents identify as minority or as members of a State recognized tribal community; or (3) at least 40 percent of households have limited English proficiency. Census blocks are not individual municipalities, but rather smaller population blocks. It is important to understand that census blocks meeting the definition of overburdened communities are not limited to New Jersey&rsquo;s major cities with significant commercial and industrial operations. Rather, these overburdened communities are situated throughout New Jersey, even in what may otherwise be considered affluent communities.&nbsp; The location of overburdened communities can be found on NJDEP&rsquo;s interactive map to determine if their facilities are sited in overburdened communities.<br /> <br /> The permit process for a facility in an overburdened communities must include, at a minimum, a submission of an &ldquo;Environmental Justice Impact Statement&rdquo; (&ldquo;EJIS&rdquo;) addressing the potential environmental and public health stressors.&nbsp; The Proposed Rule lists individual subcategories of environmental and public health stressors to be considered by the NJDEP divided into eight subcategories of stressors, including concentrated areas of air pollution, mobile sources of air pollution, contaminated sites, transfer stations or other solid waste facilities, recycling facilities and scrap metal facilities, point-sources of water pollution, stressors that may cause public health impacts, density/proximity stressors, and stressors that are social determinants of health (unemployment and education).<br /> <br /> As set forth in the EJ Law, the NJDEP is compelled to deny permits for new facilities which, if approved, would cause or contribute to adverse cumulative environmental or public health stressors in the overburned community higher than those borne by other communities in the State, county, or other geographic unit selected by the NJDEP. An exception, however, involves new facilities which successfully demonstrate that they will serve a compelling public interest for the host overburdened community. A compelling public interest must primarily serve essential environmental, health, or safety needs of the overburdened community; must be necessary to serve the essential environmental, health, or safety needs of the overburdened community; and demonstrate that no feasible alternatives can be located outside the overburdened community. Economic benefits of the proposed new facility are not considered in this analysis.&nbsp; For expansions of existing facilities, and renewals of major source air permits, the NJDEP may require additional conditions if there will be disproportionate impact in an overburdened community.<br /> <br /> The Proposed Rule sets forth the regulatory process for permit applicants to follow. Initially, the NJDEP suggests that facilities request an &ldquo;initial screening&rdquo; from the NJDEP to determine the relevant individual stressors in an overburdened community. In conducting this initial screening, the NJDEP proposes to compare the individual adverse environmental and public health stressor with each stressor in a &ldquo;geographic point of comparison&rdquo; to determine the &ldquo;combined stressor total.&rdquo; The geographical point of comparison will select the lower stressor value of either the State&rsquo;s or County&rsquo;s 50th percentile, excluding the value of all other overburdened communities. It appears that the NJDEP will then compare the &ldquo;combined stressor total&rdquo; of the overburdened community to the &ldquo;geographic point of comparison,&rdquo; and determine whether the overburdened community is subject to &ldquo;adverse cumulative stressors.&rdquo; This comparison also seeks to identify &ldquo;disproportionate impacts&rdquo; of the facility to the overburdened community by either creating or contributing to adverse cumulative impacts.<br /> <br /> Regardless of whether an overburdened community is subject to adverse cumulative impacts, or subject to disproportionate impacts by a facility, all facilities located within an overburdened community must submit an EJIS, the requirements of which are listed in the Proposed Rule.&nbsp; &nbsp;The EJIS contains basic information and analysis of stressors and screening, among other things.&nbsp; Notably, the list of items that must be completed as part of an EJIS includes satisfaction of any local environmental justice or cumulative impact analysis requirement.&nbsp; If the overburdened community is subject to adverse cumulative stressors or cannot avoid disproportionate impact, the Proposed Rule requires &ldquo;Supplemental Information&rdquo; that is in addition to the EJIS.&nbsp; This &ldquo;Supplemental Information&rdquo; requirement is burdensome, and includes much more detailed environmental information, energy alternatives available such as renewables, and an analysis of proposed control measures to mitigate stressors.<br /> <br /> The Proposed Rule also sets forth additional requirements for new major source air facilities seeking permits for new facilities or expansion of existing facilities. The Proposed Rule creates a new standard, known as &ldquo;Localized Impact Control Technology&rdquo; (&ldquo;LICT&rdquo;) which applies to permit applications for facilities with potential to emit hazardous air pollutants at a rate equal or greater than state-of-the-art (&ldquo;SOTA&rdquo;) thresholds; or with potential to emit various other contaminants (i.e., carbon monoxide, nitrogen oxide, particles, etc.) at 5 or more tons/year. While the SOTA threshold is the basis, the focus for LICT is on technical feasibility rather than economic considerations. The analysis for LICT is proposed as a top-down review of technically feasible control technologies, including: measures applied to existing sources; innovative control technologies; modification of processes or equipment; other pollutant prevention measure; or a combination of the above. Generally, the most effective air pollution control technology is selected unless the applicant demonstrates it is technically infeasible;, has unreasonable environmental impacts when compared to air contaminant reduction benefits; or relies on fuels not readily available; or will have adverse energy impacts compared to the air contaminant emission reduction benefits.<br /> <br /> With respect to renewals of existing air permits, the NJDEP will require applicants to propose control measures to avoid contributions to adverse environmental and public health stressors. If adverse impacts cannot be avoided, the NJDEP may impose conditions. Applicants will be required to: conduct a facility-wide risk assessment, based on protocols approved by the NJDEP in advance; conduct a technical feasibility analysis, if equipment at the facility is dated; and demonstrate effective control measures.<br /> <br /> Finally, the Proposed Rule sets forth and elaborates on the requirements to engage the community for public participation. Facilities will be required to provide proper notice 60-days prior to the hearing date for the application. Proper notice includes: two newspaper advertisements in the overburned community (including non-English newspapers in the appropriate circumstances); copies to the overburdened community's municipal clerk and governing body; notice to the NJDEP; certified mail notices to property owners, residents, and easement holders, within 200 feet of the facility; conspicuous signage at the applicable facility; and any other methods identified by the applicant, such as direct invitations to active community groups, automated phone, voice, or electronic notices, and flyers.&nbsp; Following appropriate notice to the overburdened community, the permit applicant is generally required to hold public meetings within the overburdened community. Such meetings should occur after 6:00 pm EST on weekdays and must include a recorded virtual component. During such public meetings, the permit applicant must present its application and accept oral and written comments. Written comments must be accepted for a period of at least 60 days following the required notice. After close of the public comment period, the applicant must prepare a written transcript of the public hearing and respond to comments.<br /> <br /> As can be gleamed from the information above, the Proposed Rule will have momentous impacts on permitting assessments for most New Jersey facilities. A thorough understanding of the Proposed Rule will be required for any entity seeking to expand operations in New Jersey, as well as any major source seeking to continue operations within an overburdened community. Accordingly, we encourage that stakeholders participate in the comment process to seek further clarification of the Proposed Rule, including how the NJDEP will carry out its comparison and determination of &ldquo;adverse cumulative impacts&rdquo; in an overburdened community.<br /> <br /> Comments and questions should be addressed to the NJDEP by September 4, 2022, using this link, or via paper filings at:<br /> <br /> Melissa P. Abatemarco, Esq.</p> <div>Attn.: DEP Docket No. 04-22-04</div> <div>Office of Legal Affairs</div> <div>Department of Environmental Protection</div> <div>401 East State Street, 7th Floor</div> <div>Mail Code 401-04L</div> <div>PO Box 402</div> <div>Trenton, New Jersey 08625-0402&nbsp;</div> <div>&nbsp;</div> <div>Interested stakeholders are also encouraged to attend the NJDEP&rsquo;s public hearings, currently scheduled at the times and locations provided below:&nbsp;</div> <ul> <li>Monday 7/11/22 - 3:00-5:00 p.m.; 7:00-9:00 p.m. - NJDEP Public Hearing Room - 401 East State Street, Trenton, NJ&nbsp;</li> <li>Wednesday 7/13/22 - 6:30 p.m. - Ray and John Kroc Corps Community Multi-Purpose Rooms, 1865 Harrison Avenue, Camden, NJ 08105</li> <li>Wednesday 7/27/22 - 6 pm. - NJIT, Campus Atrium Center &ndash;First Floor, 150 Bleecker Street, Newark, NJ 07102</li> <li>Thursday 7/28/22 - 6 p.m. - Virtual hearing - NJDEP Teams Meeting&nbsp;</li> </ul> <div>For more information, please contact your CSG Law attorney or the author listed below .</div> <div>&nbsp;</div>Client Alert20 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=126042&format=xmlPricing Analysthttp://csglaw.wiseadmin.biz/?t=40&an=126044&format=xml<p>We are Chiesa Shahinian &amp; Giantomasi PC (&quot;CSG Law&quot;); a nationally recognized regional law firm rooted in excellence, teamwork, and inclusion. For 50 years, CSG Law has established a reputation built upon delivering the experience and insights clients need to navigate challenging business climates.</p> <p>CSG Law is actively seeking a Pricing Analyst to be responsible for developing the tools and procedures needed to provide recommendations for best practices service delivery aligned with practice group goals, and to assist with analysis of staffing leverage, margin improvement, costs of service delivery, and performance against established metrics.</p> <p>The ideal candidate for this role will bring to the table a minimum of 2 years law firm experience in a similar role and a Bachelor&rsquo;s degree in Accounting, Finance, Business or related field.</p> <p>Essential responsibilities for this role include the following:</p> <p>&bull; Actively participate in and assist with the preparation of financial reports, various surveys, research, RFPs, data analysis including cost-benefit, and expenditure/revenue forecasting</p> <p>&bull; Provide key performance metrics to practice teams regarding budgets, forecasts, financial/market trends, and other requested data</p> <p>&bull; Create financial models based on industry trends and analyses to support organizational decision making; identify opportunities for utilizing premium rates or specialized pricing approaches</p> <p>&bull; Ability to skillfully perform detailed statistical analyses of budget activities including alternative fee agreements and staffing models</p> <p>&bull; Proficient in accounting software, including the Aderant Suite of Legal Business Solution Software, Microsoft Office Suite, Excel and budget software</p> <p>&bull; Thorough understanding of accounting and budgeting principles and practices, statistical methodology, generally accepted accounting principles, and general accepted auditing standards</p> <p>Employees at CSG may elect a hybrid work model consistent with firm policy with resident office availability in the West Orange, NJ office.</p> <p>If you have the appropriate experience, we invite you to consider joining our team. Please send your resume and cover letter to the attention of <a href="mailto:recruitment@csglaw.com">recruitment@csglaw.com</a>.</p> <p>We invite you to learn about our firm at <a href="https://www.csglaw.com/">www.CSGlaw.com</a>. Beyond competitive benefits and a collegial environment, CSG Law is committed to providing a talent experience based upon engagement, collaboration and inclusion &ndash; we offer professional opportunities including business development training for employees at every level.</p> <p><em>At CSG Law we are committed to the recruitment, development, and retention of diverse attorneys and staff. The firm&rsquo;s two programs &ndash; the Diversity &amp; Inclusion and Women&rsquo;s Initiatives &ndash; provide opportunities for attorneys and employees to enhance their legal careers through career development, mentoring and networking opportunities both within the firm and throughout the business and legal communities. CSG is proud to be an equal opportunity workplace and an affirmative action employer. Women, Minorities &amp; Veterans are encouraged to apply.</em></p>Available Position - Staff20 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=126044&format=xmlTrusts & Estates Associatehttp://csglaw.wiseadmin.biz/?t=40&an=126008&format=xml<p>We are Chiesa Shahinian &amp; Giantomasi PC (&quot;CSG Law&quot;); a nationally recognized regional law firm rooted in excellence, teamwork, and inclusion. For 50 years, CSG Law has established a reputation built upon delivering the experience and insights clients need to navigate challenging business climates.</p> <p>Due to continued expansion in CSG&rsquo;s dynamic Trusts &amp; Estates Practice, we have an opportunity for a new attorney to join and work alongside our team of T&amp;E attorneys. Our T&amp;E professionals advise and represent business owners and high net worth individuals and families on sophisticated estate planning and administration issues affecting wealth preservation. This position brings the opportunity to become an integral part of a vibrant and growing team in an environment that fosters professional development and career enhancement.</p> <p>The ideal candidate is a self-starter who is ready to jump into the team and brings to the table 5+ years&rsquo; broad experience supporting senior attorneys in all aspects of estate planning, litigation, and administration, including the preparation of Federal, New York and New Jersey Estate Tax returns as well as formal and informal accountings. Admission to the NJ bar is required; admission to the NY bar as well as an LL.M. is a plus.</p> <p>We invite you to learn about our T&amp;E team and firm at <a href="https://www.csglaw.com/">www.CSGlaw.com</a>. Beyond competitive benefits and a collegial environment, CSG Law is committed to providing a talent experience based upon engagement, collaboration and inclusion &ndash; we offer professional opportunities including business development training for lawyers at every level.</p> <p>Lawyers at CSG can select a hybrid work model with resident office availability in the West Orange, NJ office.</p> <p><em>At CSG Law we are committed to the recruitment, development, and retention of diverse attorneys and staff. The firm&rsquo;s two programs &ndash; the Diversity &amp; Inclusion and Women&rsquo;s Initiatives &ndash; provide opportunities for attorneys and employees to enhance their legal careers through career development, mentoring and networking opportunities both within the firm and throughout the business and legal communities. CSG is proud to be an equal opportunity workplace and an affirmative action employer. Women, Minorities &amp; Veterans are encouraged to apply.</em></p> <p><strong>CSG Law<br type="_moz" /> </strong></p> <p>Named the Law Firm of the Year for 2021 by the New Jersey Law Journal, CSG Law has assisted a broad spectrum of clients in achieving their objectives by offering a comprehensive array of legal services and resources in numerous practice areas. Our more than 180 attorneys play a key role on clients&rsquo; advisory teams &ndash; providing strategic guidance to private enterprises, public entities and individuals. The firm has been named one of New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; for the past two years by NJBIZ, and also was recently one of only 28 law firms in the country to be named to Bloomberg Law&rsquo;s inaugural Diversity, Equity &amp; Inclusion Framework, which recognizes law firms for the disclosure of diversity-related metrics and distinguished performance.</p>Available Position - Attorneys14 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=126008&format=xmlEmployment Law and Inclusivity in the Workplacehttp://csglaw.wiseadmin.biz/?t=40&an=125994&format=xml<p>June 1 marks the beginning of Pride Month in the United States, serving both as a celebration of LGBTQ+ communities and a way to commemorate the ongoing fight for equality. This month also brings the opportunity to reflect and expand upon inclusivity within the workplace. While companies continue to move inclusivity forward, there are many components of the workplace that have yet to catch up.</p> <p>As an example, each year businesses in the United States with 100 or more employees are required to submit an EEO-1 form to the Equal Employment Opportunity Commission (&ldquo;EEOC&rdquo;), which gathers data of certain metrics of employees. One field on the EEO-1 form asks companies to disclose the gender identities of their workforce. Currently, however, the EEO-1 form only has boxes for the binary male and female genders.</p> <p>As more employees self-identify as non-binary, this lack of inclusiveness in the EEO-1 form creates issues for employers. By not allowing a third option on the form outside of male and female on the EEO-1 form, many employers inadvertently end up misgendering their employees on these forms. Many employers are not aware that they may designate a different gender by using the comments section on the EEO-1 form to note nonbinary gender identities. Employers should seek to represent their employees&rsquo; gender identities as accurately as possible and note that employees are not required to designate a binary gender marker of male or female.</p> <p>While the EEO-1 form has not caught up with contemporary concepts of gender and self-expression, this should not stop employers from striving to create an inclusive and welcoming environment in the workplace. All employers, regardless of size, should consider allowing employees to include their preferred pronouns in their email signature lines and Zoom handles, which would allow them to self-identify in the way that feels most authentic to them. Employers should also consider using the more inclusive pronoun &ldquo;they&rdquo; in communications with employees instead of the gendered &ldquo;he or she,&rdquo; such as in company-wide emails, employee handbooks, and other communications.</p> <p><strong>For further insight and analysis, please contact your CSG Law attorney or one of the authors below.</strong></p>Client Alert13 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=125994&format=xml21st Annual Current Issues in Planning & Zoning Continuing Education Conferencehttp://csglaw.wiseadmin.biz/?t=40&an=125953&format=xml<p>Members of CSG Law's Real Estate, Development &amp; Land Use Group, <a href="https://www.csglaw.com/biographies/lisa-a-john-basta">Lisa A. John-Basta</a> &amp; <a href="https://www.csglaw.com/biographies/thomas-trautner">Thomas J. Trautner Jr.</a>, will participate in the 21st Annual Current Issues in Planning &amp; Zoning Continuing Education Conference on Friday, June 10th. Lisa and Tom will speak on the subject of updates to New Jersey case law in the field of land use, redevelopment and affordable housing.<br /> <br /> For more information on this conference, hosted by Rutgers University Division of Continuing Studies, please <a href="https://cgs.rutgers.edu/planning-zoning-conference">click here</a>.</p>Event10 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=125953&format=xmlDigital Assets Regulation - The Lummis-Gillibrand Responsible Financial Innovation Acthttp://csglaw.wiseadmin.biz/?t=40&an=125975&format=xml<p>In the wake of Biden&rsquo;s recent Executive Order on Ensuring Responsible Development of Digital Assets and the increasing acceptance of the promises and functionality of digital assets by governments around the world, the U.S. legislature has taken steps toward finally embracing and regulating digital assets and cryptocurrencies.<br /> <br /> On June 7, 2022, Sen. Cynthia Lummis (R-Wyo.) and Sen. Kirsten Gillibrand (D-N.Y.) introduced a new bipartisan bill, The Lummis-Gillibrand Responsible Financial Innovation Act, that would create the regulatory framework in regulating digital assets and cryptocurrencies. First announced in March 2022, the proposed bill addresses a myriad of issues that have caused tensions between institutions, investors, and regulators alike.<br /> <br /> In a joint press release, Sen. Lummis declared, &ldquo;The Responsible Financial Innovation Act, a bipartisan framework that I crafted in conjunction with Senator Kirsten Gillibrand, creates regulatory clarity for agencies charged with supervising digital asset markets, provides a strong, tailored regulatory framework for stablecoins, and integrates digital assets into our existing tax and banking laws.&rdquo; Echoing this enthusiasm, Sen. Gillibrand added, &ldquo;Importantly, the Lummis-Gillibrand framework will provide clarity to both industry and regulators, while also maintaining the flexibility to account for the ongoing evolution of the digital assets market.&rdquo;<br /> <br /> Please see below important portions of the proposed bill, which has already garnered widespread bipartisan support as well as support from blockchain and cryptocurrency stakeholders, such as Blockchain Association and Coinbase.<sup>1</sup></p> <p><u><strong>Definitions</strong></u></p> <p>The proposed bill provides a number of definitions, which have long been absent, often misunderstood, or used inconsistently, at best. Among others, the proposed bill defines the following terms:</p> <ul> <li> <p>Ancillary asset:&nbsp;an intangible, fungible asset that is offered, sold, or otherwise provided to a person in connection with the purchase and sale of a security through an arrangement or scheme that constitutes an investment contract.</p> </li> </ul> <ul> <li> <p>Digital asset:&nbsp;a natively electronic asset that (i) confers economic, proprietary, or access rights or powers; and (ii) is recorded using cryptographically secured distributed ledger technology or any similar analogue. Digital assets include virtual currency, ancillary assets, payment stablecoins; and other securities and commodities.</p> </li> </ul> <ul> <li> <p>Digital asset exchange:&nbsp;a centralized or decentralized platform which facilitates the transfer of digital assets.</p> </li> </ul> <ul> <li> <p>Digital asset intermediary:&nbsp;includes (i) a person who holds a license, registration, or other similar authorization<sup>2</sup>&nbsp;that may conduct market activities relating in digital assets, or a person who is required by law to hold such a license, registration or other similar authorization; and (ii) a person who holds a license, registration, or other similar authorization under State or Federal law that issues a payment stablecoin, or person who is required by law to hold such a license, registration or other similar authorization.</p> </li> </ul> <ul> <li> <p>Distributed ledger technology:&nbsp;technology that enables the operation and use of a ledger that (i) is shared across a set of distributed nodes that participate in a network and store a complete or partial replica of the ledger; (ii) is synchronized between the nodes; (iii) has data appended to the ledger by following the specified consensus mechanism of the ledger; (iv) may be accessible to anyone or restricted to a subset of participants; and (v) may require participants to have authorization to perform certain actions or require no authorization.</p> </li> </ul> <ul> <li> <p>Payment stablecoin:&nbsp;a digital asset that is (i) redeemable, on demand, on a one-to-one basis for instruments denominated in United States dollars and defined as legal tender (excluding digital assets defined as legal tender under the laws of a foreign country); (ii) issued by a business entity; (iii) accompanied by a statement from the issuer that the asset is redeemable; (iv) backed by one or more financial assets (excluding other digital assets); and (v) intended to be used as a medium of exchange.</p> </li> </ul> <ul> <li> <p>Security:&nbsp;the term &ldquo;security&rdquo; has the broad meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (see below for greater detail).</p> </li> </ul> <ul> <li> <p>Smart contract:&nbsp;computer code deployed to a distributed ledger technology network that executes an instruction based on the occurrence or nonoccurrence of specified conditions, or any similar analogue, which may include taking possession or control of a digital asset and transferring the&nbsp; asset or issuing executable instructions for these actions.</p> </li> </ul> <ul> <li> <p>Virtual currency:&nbsp;means a digital asset that (i) is used primarily as a medium of exchange, unit of account, store of value, or any combination of such functions;&nbsp; (ii) is not legal tender; and (iii) does not derive value from or is backed by an underlying financial asset (except other digital assets). This may also include a digital asset that (i) is accompanied&nbsp; by a statement from the issuer that a denominated or pegged value will be maintained and (ii) be available upon redemption from the issuer or other identified person, based solely on a smart contract.</p> </li> </ul> <p><u><strong>Digital Asset as a Commodity, Not a Security</strong></u><br /> &nbsp;<br /> There is an ongoing litany of litigation and debate over whether a digital asset is a security under U.S. law. The term &ldquo;security&rdquo; is defined in Section 2(a)(1) of the Securities Act of 1933 (the &quot;Securities Act&quot;), Section 3(a)(10) of the Securities Exchange Act of 1934, Section 2(a)(36) of the Investment Company Act of 1940, and Section 202(a)(18) of the Investment Advisers Act of 1940, whereby securities encompass instruments such as stocks, bonds, and what are commonly known as &ldquo;investment contracts.&rdquo;<sup>3</sup><br /> <br /> In <em>SEC v. W. J. Howey Co.,</em> 328 U.S. 293, 66 S. Ct. 1100 (1946), the Supreme Court highlighted that &ldquo;[t]he term &lsquo;investment contract&rsquo; is undefined by the Securities Act or by relevant legislative reports.&rdquo; Noting that the term appeared in many state blue sky laws in existence prior to the adoption of the federal statute and that the term had been broadly construed by state courts, the Supreme Court proceeded to define an investment contract as &ldquo;a contract, transaction or scheme whereby a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party, it being immaterial whether the shares in the enterprise are evidenced by formal certificates or by nominal interests in the physical assets employed in the enterprise.&rdquo; <em>Id.</em> 298&ndash;99. Since the landmark decision of <em>Howey,</em> the courts have continued to use and expand upon <em>Howey</em> tests to determine&nbsp;whether a particular transaction is an&nbsp;investment&nbsp;contract&nbsp;and thus a security.<sup>4</sup><br /> <br /> Now, a legislative first, the bill delineates the difference between digital assets as commodities and securities by contemplating the rights and obligations granted pursuant to the issuance of those digital assets. In essence, the proposed bill seeks to codify judicial precedents determined by the <em>Howey</em> tests, whereby an ancillary asset issued pursuant to an investment contract does not necessarily create a security.<br /> <br /> Specifically, subject to certain periodic disclosure and compliance requirements, the proposed bill expressly provides that if an issuer issues a security through an arrangement or scheme that constitutes an investment contract, an ancillary asset provided directly or indirectly by the issuer shall be presumed to be a commodity rather than a security. However, the proposed bill explicitly excludes from its definition of an ancillary asset certain rights granted by a business entity, such as (i) debt or equity interest in that entity; (ii) liquidation rights with respect to that entity; (iii) entitlement to an interest or dividend payment from that entity; (iv) a profit or revenue share in that entity derived solely from the entrepreneurial or managerial efforts of others; and (v) any other financial interest in that entity. The proposed bill also states that if a court determines at the conclusion of a legal proceeding there is not a substantial basis for the presumption that the ancillary asset at issue is a commodity, then the court shall find and the ancillary asset shall be deemed a security.&nbsp;Therefore, the ways in which and financials terms upon which digital assets are issued are critical.</p> <p><u><strong>CFTC Jurisdiction over Digital Asset Transactions<br /> </strong></u><br /> If implemented, the proposed bill would make several amendments and additions to the Commodity Exchange Act, thereby granting the Commodity Futures Trading Commission (CFTC) exclusive jurisdiction over any agreement, contract, or transaction involving a contract of sale of a digital asset in interstate commerce, including ancillary assets. However, the Securities and Exchange Commission (SEC) would continue to retain jurisdiction over (i) specified periodic reporting requirements made by an issuer which provided the holder of the security with an ancillary asset, and (ii) the security that constitutes an investment contract.<sup>5</sup>&nbsp;It is also imperative to note that the proposed bill expressly provides that the CFTC would only retain jurisdiction over an agreement, contract, or transaction involving a contract of sale of a digital asset that is fungible, meaning that the CFTC would not retain jurisdiction over non-fungible tokens (NFTs) and other unique digital assets.</p> <p><u><strong>Digital Asset Exchanges<br /> </strong></u><br /> The proposed bill would also make several amendments and additions to the Commodity Exchange Act, whereby registered digital asset exchanges may make available digital assets available for trading so long as the digital asset is not readily susceptible to manipulation.<br /> <br /> To register and maintain registration, a digital asset exchange must comply with certain core principles set out in the proposed bill and requirements that the CFTC would impose via the CFTC&rsquo;s rulemaking powers. These core principles include but are not limited to compliance with digital asset exchange rules, digital assets that are not readily susceptible to manipulation, and system safeguards.<br /> <br /> For example, a digital asset exchange would be required to establish and enforce (i) compliance with any rule established by the digital asset exchange, including but not limited to its terms and conditions of the trades traded or processed on or through the digital asset exchange; (ii) trading, trade processing, and participation rules that will deter abuses and have the capacity to detect, investigate and enforce those rules; and (iii) rules governing the operation of the digital asset exchange, including rules specifying trading procedures to be used in entering and executing orders traded or posted on the digital asset exchange. Importantly, a digital asset exchange must prevent the trading of a digital asset, if it is reasonably likely that the transaction history of the digital asset can be materially or fraudulently altered by one or more persons. Relatedly, the proposed bill would require a digital asset exchange to (i) establish and maintain risk management program to identify and mitigate source of operational and security risk; (ii) adopt emergency procedures, backup facilities, and a disaster recovery plan; and (iii) periodically perform tests with respect to continuity of trades and reporting.</p> <p><u><strong>Recognition of Decentralized Autonomous Organizations (DAOs)<br /> </strong></u><br /> The proposed bill would formally recognize DAOs as legal entities subject to taxation. In particular, the proposed bill would recognize a DAO as an organization that (i) utilizes smart contracts to carry out collective actions for a business, commercial, charitable, or similar entity; (ii) achieves governance primarily through a distributed basis; and (iii) is properly incorporated or organized under the laws of a State or foreign jurisdiction as a DAO, cooperative, foundation or any similar entity.</p> <p><u><strong>Cybersecurity Standards for Digital Asset Intermediaries<br /> </strong></u><br /> The proposed bill would direct the CFTC and SEC, in collaboration with the Secretary of the Treasury and Director of the National Institute of Standards and Technology (NIST), to develop robust guidance with respect to cybersecurity measures and practices for digital asset intermediaries. In particular, the proposed bill would direct the CFTC and SEC to develop guidance regarding (i) internal governance of cybersecurity; (ii) security operations, including but not limited to threat identification, incident response, and mitigation; (iii) risk identification and measurement; (iv) risk mitigation via policies, procedures, controls, change management, and third party relationships; and (v) penetration testing and independent audits.</p> <p><u><strong>Implementation of Effective Tax Guidance<br /> </strong></u><br /> The proposed bills would direct the Secretary of the Treasury to adopt tax guidance with respect to various activity involving digital assets, such as (i) classification of forks, airdrops, and similar subsidiary value; (ii) merchant acceptance of digital assets and the tax treatment of payments and receipts; (iii) treatment of digital asset mining and staking, including mining and staking rewards; (iv) allowance of charitable contributions of digital assets greater than $5,000; and (v) characterization of payment stablecoins.<br /> <br /> &hellip;<br /> <br /> The recent introduction of the Lummis-Gillibrand Responsible Financial Innovation Act should further signal to investors and businesses alike that cryptocurrencies and digital assets have become ripe for long-term investments and, consequently, imminent regulation.<br /> <br /> Let us work with you to optimize your goals and operations by forecasting and developing a plan to mitigate regulatory and legal risks involving cryptocurrencies and digital assets.</p> <hr /> <p><sup>1.</sup>&nbsp;&nbsp;<a href="https://www.lummis.senate.gov/wp-content/uploads/Statements-of-Support-RFIA-FINAL.pdf">https://www.lummis.senate.gov/wp-content/uploads/Statements-of-Support-RFIA-FINAL.pdf&nbsp;</a>&nbsp;</p> <p><sup>2.</sup>&nbsp;<em>See, e.g.,</em> the Commodity Exchange Act (7 U.S.C. 1 et seq.), the 18 Securities Act of 1933 (15 U.S.C. 77a et seq.), the Corporation of Foreign Bondholders 19 Act, 1933 (15 U.S.C. 77bb et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa 20 et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Securities 21 Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.), the Investment Company 22 Act of 1940 (15 U.S.C. 80a&ndash;1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 23 80b&ndash;1), and the Omnibus Small Business Capital Formation Act of 1980 (15 U.S.C. 24 80c)</p> <p><sup>3.</sup>&nbsp;Securities Act, Section 2(a)(1), 15 U.S.C. &sect; 77b(a)(1).</p> <p><sup>4.</sup>&nbsp;<em>See, e.g., United Hous. Found., Inc. v. Forman</em>, 421 U.S. 837, 851&ndash;52, 95 S.Ct. 2051, 44 L.Ed.2d 621 (1975); <em>State v. Hawaii Market</em>, 52 Haw. 642, 485 P.2d 105 (1971).</p> <p><sup>5.</sup>&nbsp;&nbsp;<em>See</em> section 2(a)(1) of the Securities 24 Act of 1933 (15 U.S.C. 77b(a)(1)).</p> <hr /> <p><strong>For further insight and analysis, please contact your CSG Law attorney or one of the authors below.</strong></p>Client Alert10 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=125975&format=xmlIsrael Bonds: New Jersey Real Estate: What Does the Future Hold?http://csglaw.wiseadmin.biz/?t=40&an=125786&format=xml<p>Chair of CSG Law&rsquo;s Real Estate, Development &amp; Land Use Group, <a href="https://www.csglaw.com/biographies/mitchell-berkey">Mitchell S. Berkey</a>, will serve as moderator during the Israel Bonds New Jersey Networking Event on Thursday, June 9th. Mitch, along with other industry leaders, will discuss &ldquo;New Jersey Real Estate: What Does the Future Hold?&rdquo; during their panel at 6:30 PM.</p>Event09 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=125786&format=xmlMichael Plumb Tapped as Chairman of New Jersey State Bar Association's Environmental Sectionhttp://csglaw.wiseadmin.biz/?t=40&an=125926&format=xml<p>Chiesa Shahinian &amp; Giantomasi PC (CSG Law) congratulates CSG Law Member <a href="https://www.csglaw.com/biographies/michael-plumb">Michael Plumb</a>&rsquo;s appointment to the chairmanship of the New Jersey State Bar Association&rsquo;s Environmental Section.<br /> <br /> &ldquo;I&rsquo;m honored to serve as chairman of the New Jersey State Bar Association&rsquo;s Environmental Law Section,&rdquo; Plumb said. &ldquo;I look forward to working with leaders of the state bar to advance the efforts of the Environmental Law Section.&rdquo;<br /> <br /> Michael, a member of CSG Law&rsquo;s Environmental Group, covers all aspects of environmental law, representing a diverse array of clients in litigation related to environmental permitting and enforcement, and responsibility for discharges of hazardous substances, through all stages of litigation.<br /> <br /> Michael, who served as vice chair of the NJSBA&rsquo;s Environmental Law section last year, routinely defends property owners and other responsible parties against NJDEP enforcement actions. He also regularly advises clients in environmental due diligence related to the purchase and sale of commercial property. If necessary, he works closely with environmental consultants and licensed site remedial professionals (LSRPs) to efficiently resolve environmental issues that arise during due diligence.<br /> <br /> <strong>About Chiesa Shahinian &amp; Giantomasi PC (CSG Law)<br /> </strong><br /> Named the Law Firm of the Year for 2021 by the New Jersey Law Journal, CSG Law has assisted a broad spectrum of clients in achieving their objectives by offering a comprehensive array of legal services and resources in numerous practice areas. Our more than 175 attorneys play a key role on clients&rsquo; advisory teams, providing strategic guidance to private enterprises, public entities and individuals. The firm has been named one of New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; for the past two years by NJBIZ and was recently one of only 28 law firms in the country to be named to Bloomberg Law&rsquo;s inaugural Diversity, Equity &amp; Inclusion Framework, which recognizes law firms for the disclosure of diversity-related metrics and distinguished performance. For more information visit <a href="https://www.csglaw.com">csglaw.com</a>.<br /> <br /> # # # #</p> <div>&nbsp;</div> <div>&nbsp;</div> <div>&nbsp;</div>News08 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=125926&format=xmlJason Holt and Neha Bhalani Named Co-Chairs of CSG Law's Diversity, Equity & Inclusion (DEI) Committeehttp://csglaw.wiseadmin.biz/?t=40&an=125913&format=xml<p>Chiesa Shahinian Giantomasi PC (CSG Law) is pleased to announce Members <a href="https://www.csglaw.com/biographies/jason-holt">Jason Holt</a> and <a href="https://www.csglaw.com/biographies/neha-bhalani">Neha Bhalani</a> have been named the co-chairs of the Diversity, Equity &amp; Inclusion (DEI) Committee.<br /> <br /> &ldquo;I am confident they will take this wonderful group to even higher levels,&rdquo; Managing Member Patricia Costello said. &ldquo;Thanks to both of them for agreeing to serve.&rdquo;<br /> <br /> CSG Law&rsquo;s DEI Committee spearheads the firm&rsquo;s commitment to moving CSG Law in a continuously progressive direction through firmwide diversity training programs as well as recruiting and fundraising efforts. Last year, <a href="https://www.csglaw.com/csg-named-to-bloomberg-laws-inaugural-2021-dei-framework">Bloomberg Law named CSG Law to its inaugural DEI Framework</a>, which recognizes firms for the disclosure of diversity-related metrics and distinguished performance against six core pillars of an effective DEI program: demographics, leadership and talent pipeline, recruitment and retention, business innovation and strategy, marketing, and diversity and inclusion in the community. CSG was one of only 28 U.S.-based law firms listed in the framework.<br /> <br /> Jason is a seasoned attorney with more than two decades of experience in state and local government, municipal corporations, turnaround strategy, litigation and fiscal management. Jason, who joined the firm from New Jersey Department of Community Affairs where he reviewed and investigated potential ethics violations associated with local jurisdictions, draws upon his background navigating the political and economic challenges that arise throughout the redevelopment process to assist municipalities and developers in drafting and negotiating redevelopment plans and agreements, as well as Payment in Lieu of Taxes (&ldquo;PILOT&rdquo;) agreements, tax appeals and tax exemptions.<br /> <br /> Outside of the firm, Jason was appointed to the leadership team of the New Jersey Business &amp; Industry Association&rsquo;s Diversity, Equity &amp; Inclusion Council earlier this year &ndash; which is comprised of executives from across the state who meet regularly to share best practices, collaborate on business opportunities, and help NJBIA members become more successful. In addition, he was elected in 2021 to the Board of Trustees of the New Jersey Institute of Local Government Attorneys, an organization dedicated to promoting education and professionalism among local government attorneys and assisting members of the legal profession to better serve local governments in New Jersey.<br /> <br /> Neha practices with the firm's Intellectual Property Group where she handles all aspects of trademark prosecution, including clearance searches, applications and renewals, and provides domestic and international intellectual property strategy planning. Neha also researches and drafts responses to Examiners' Office Actions in the United States Patent and Trademark Office (USPTO). In addition, she has experience drafting, structuring and negotiating numerous licensing, co-existence, non-disclosure and asset purchase agreements.<br /> <br /> <strong>About Chiesa Shahinian &amp; Giantomasi PC (CSG Law)</strong><br /> <br /> Named the Law Firm of the Year for 2021 by the New Jersey Law Journal, CSG Law has assisted a broad spectrum of clients in achieving their objectives by offering a comprehensive array of legal services and resources in numerous practice areas. Our more than 175 attorneys play a key role on clients&rsquo; advisory teams, providing strategic guidance to private enterprises, public entities and individuals. The firm has been named one of New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; for the past two years by NJBIZ and was recently one of only 28 law firms in the country to be named to Bloomberg Law&rsquo;s inaugural Diversity, Equity &amp; Inclusion Framework, which recognizes law firms for the disclosure of diversity-related metrics and distinguished performance. For more information visit <a href="https://www.csglaw.com">csglaw.com</a>.&nbsp;</p> <div>&nbsp;</div> <div># # # #</div> <div>&nbsp;</div>News07 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=125913&format=xmlCSG Law Achieves Highest Presence in Firm's History in 2022 Chambers USA Publicationhttp://csglaw.wiseadmin.biz/?t=40&an=125852&format=xml<p>Chiesa Shahinian &amp; Giantomasi PC (&ldquo;CSG Law&rdquo;) is pleased to announce that in the newly released 2022 Chambers USA publication the firm has achieved the largest presence in its history &ndash; with nine of the firm&rsquo;s practice areas recognized and 24 of its attorneys listed among the nation&rsquo;s leading lawyers.<br /> <br /> Notably, the firm for the second consecutive year was one of only three firms ranked in Tier 1 of the Litigation: White-Collar Crime &amp; Government Investigations list.<br /> <br /> The following CSG Law practice areas are recognized in Chambers among the leading practices in New Jersey:</p> <ul> <li>Bankruptcy/Restructuring</li> <li>Corporate/M&amp;A</li> <li>Environment</li> <li>Healthcare</li> <li>Intellectual Property</li> <li>Labor &amp; Employment</li> <li>Litigation: General Commercial</li> <li>Litigation: White-Collar Crime &amp; Government Investigations</li> <li>Real Estate</li> </ul> <br type="_moz" /> In addition, CSG Law is extremely pleased to note that Chambers selected the following 24 attorneys among the leading practitioners in New Jersey:<br /> <ul> <li>Matthew E. Beck (Litigation: White Collar Criminal Defense &amp; Government Investigations)</li> <li>Mitchell S. Berkey (Real Estate)</li> <li>Diana L. Buongiorno (Environmental)</li> <li>Jeffrey S. Chiesa (Litigation: White Collar Criminal Defense &amp; Government Investigations)</li> <li>Danielle M. Corcione (Litigation: White Collar Criminal Defense &amp; Government Investigations)</li> <li>Robert H. Crespi (Environment)</li> <li>Sam Della Fera, Jr. (Bankruptcy/Restructuring)</li> <li>Adam K. Derman (Litigation: General Commercial)</li> <li>Nicole DiMaria (Healthcare)</li> <li>Heidi Hansen (Tax)</li> <li>Philip A. Markowitz (Real Estate)</li> <li>John A. McKinney Jr. (Environmental)</li> <li>Robert E. Nies (Bankruptcy/Restructuring)</li> <li>Peter E. Nussbaum (Intellectual Property)</li> <li>A. Ross Pearlson (Litigation: General Commercial and Litigation: Securities)</li> <li>Armen Shahinian (Construction)</li> <li>Laurence M. Smith (Corporate/M&amp;A)</li> <li>Edward B. Stevenson (Corporate/M&amp;A)</li> <li>Dennis M. Toft (Environmental)</li> <li>Lee Vartan (Litigation: White Collar Criminal Defense &amp; Government Investigations and Cannabis Law: Eastern United States)</li> <li>Jeffrey M. Weinick (Intellectual Property)</li> <li>Catherine P. Wells (Labor &amp; Employment)</li> <li>Elizabeth C. Yoo (Corporate/M&amp;A, Up and Coming)</li> <li>Scott A. Zuber (Bankruptcy/Restructuring)</li> </ul> <br type="_moz" /> <div>USA is published annually by London-based Chambers &amp; Partners. Attorneys and firms are selected for inclusion based on their technical knowledge, business acumen, prompt delivery, and value and chosen by extensive client and industry research. For the full methodology, please visit <a href="http://www.chambers.com">www.chambers.com</a>.</div> <div>&nbsp;</div> <div><strong>About Chiesa Shahinian &amp; Giantomasi PC (CSG Law)</strong><br /> <br /> Named the Law Firm of the Year for 2021 by the New Jersey Law Journal, CSG Law has assisted a broad spectrum of clients in achieving their objectives by offering a comprehensive array of legal services and resources in numerous practice areas. Our more than 175 attorneys play a key role on clients&rsquo; advisory teams, providing strategic guidance to private enterprises, public entities and individuals. The firm has been named one of New Jersey&rsquo;s &ldquo;Best Places to Work&rdquo; for the past two years by NJBIZ and was recently one of only 28 law firms in the country to be named to Bloomberg Law&rsquo;s inaugural Diversity, Equity &amp; Inclusion Framework, which recognizes law firms for the disclosure of diversity-related metrics and distinguished performance. For more information visit <a href="https://www.csglaw.com">csglaw.com</a>.&nbsp;</div> <div>&nbsp;</div> <div># # # #</div> <div>&nbsp;</div>News01 Jun 2022 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=125852&format=xml