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Kenneth F. Oettle: Lawyer with Sills Cummis & Gross P.C.

Kenneth F. Oettle

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Senior Counsel
Newark,  NJ  U.S.A.
Phone(973) 643-5462

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Experience & Credentials
 

Practice Areas

  • Gaming Law
  • Administrative Law
  • Appellate Practice
  • Contract Litigation
  • Public Contracting
 
University Cornell University, A.B., 1966
 
Law SchoolHarvard Law School, J.D., 1969
 
Admitted1972, California; 1978, New Jersey; 1981, U.S. Court of Appeals, Third Circuit
 
BornMontclair, New Jersey, December 11, 1944
 
Biography

Mr. Oettle handles complex commercial litigation with an emphasis on contract law, public contracting and business valuation, and administrative proceedings with an emphasis on gaming law. Mr. Oettle has authored articles on the financial stability of New Jersey casinos and the qualification requirements for institutional investors under the New Jersey Casino Control Act, and he is a trustee of the International Association of Gaming Advisors (IAGA).

Mr. Oettle chairs the Firm's writing program and authors a column on persuasive legal writing that appears in the New Jersey Law Journal, in several other legal publications, and at www.law.com. Links to his columns can be found below. The first four years of columns are collected in Making Your Point - A Practical Guide to Persuasive Legal Writing, published by ALM Publishing. See this link: Making Your Point.

Mr. Oettle also edits the Firm's book on electronic discovery: E-Discovery - A Guide for Corporate Counsel.

Mr. Oettle has been selected for inclusion in the 2012 edition of The Best Lawyers in America®* published by Woodard/White under Gaming Law.

*For ranking methodology, please see www.bestlawyers.com.

Affiliations

Trustee, International Association of Gaming Advisors (IAGA)

Member, Business Law Section, American Bar Association

Member, Litigation Section, American Bar Association

Member, Casino Law Section, New Jersey State Bar Association

Authored Articles

12/13/2010, Kenneth F. Oettle - Let the Implicit Stay Implicit - You need not say what need not be said

9/6/2010, Kenneth F. Oettle - Verbs Are Dynamic and Economical - They get directly to the point

6/28/2010, Kenneth F. Oettle - Rearrange Sentences To Minimize Interruption - Make the reader's job easier

5/31/2010, Kenneth F. Oettle - Good Facts, Good Law, and Good Writing All Persuade - Good writing enhances the credibility of your message and you

4/26/2010, Kenneth F. Oettle - Editorializing, Gratuitous Verbiage And Verbatim Tracking Don't Persuade - Many of the rhetorical tactics that you think work don't

3/29/2010, Kenneth F. Oettle - Replace Neutrality With Advocacy - Choose words that aid your cause

2/22/2010, Kenneth F. Oettle - Don't Ask the Court To Take a Leap of Faith To Get Where Wishful Thinking Has Taken You

1/25/2010, Kenneth F. Oettle - Take the Gild Off the Lily and Save Words in Bunches - Extra words don't add punch; they just add weight

11/23/2009, Kenneth F. Oettle - Introduce Long Discussions With Substantive Summaries - A précis will assist and may persuade the reader, and it may help you clarify your thinking

10/19/2009, Kenneth F. Oettle - When Acknowledging a Mistake, Highlight The 'Fix' If You Have One - Tailor your apologies to the circumstances

9/14/2009, Kenneth F. Oettle - Control the Urge To Tell All - Be candid but not confessional

8/10/2009, Kenneth F. Oettle - Be Selective, Not Linear, in Legal Argument - Control the material; don't let it control you

7/13/2009, Kenneth F. Oettle - Saving Words Pays Many Dividends - Trim words, sentences, paragraphs, and even arguments to tighten a brief

6/1/2009, Kenneth F. Oettle - Be Candid But Selective in Describing Case Holdings - As with all other aspects of persuasive legal writing, take control of the material

5/4/2009, Kenneth F. Oettle - Keep The References in A Sequence Consistent - Variety isn't the spice of life if it is counterproductive

4/6/2009, Kenneth F. Oettle - Ironic Quotation Marks Can Be Overused - Ask yourself whether mild sarcasm will help or hurt the presentation

3/2/2009, Kenneth F. Oettle - Make Your Point Before Accusing The Adversary of Ill Motives - Earn the right to express moral disapprobation

2/2/2009, Kenneth F. Oettle - Shorthand References Should Guide, Not Divert - Use them discretely when necessary

1/5/2009, Kenneth F. Oettle - To Find the Focal Point for Your Attack, Find the Forest - Look for the most serious affront to the moral matrix

12/1/2008, Kenneth F. Oettle - In Case Summaries, Make Your Point Sooner Rather Than Later

11/3/2008, Kenneth F. Oettle - A Paragraph Should Make a Point Quickly and Compactly - Subject matter and purpose dictate the length

9/29/2008, Kenneth F. Oettle - Remove Subordinate Thoughts That Occlude Your Point - Crispness tends to be better than embellishment

8/25/2008, Kenneth F. Oettle - Dross Disappears and Points Emerge as Groupings Improve - Beware of bland connectors like "In addition"

7/28/2008, Kenneth F. Oettle - Don't Let Advocacy Get Personal - Be wary of ascribing motives you suspect but cannot prove

6/23/2008, Kenneth F. Oettle - Subheadings in the Statement of Facts Guide and Persuade - Internal markers help readers sort and retain data

5/26/2008, Kenneth F. Oettle - Use Adjectives Sparingly But For Maximum Effect - Look for modifiers that reinforce your theme

5/1/2008, Kenneth F. Oettle - Choose an Approach That Will Appeal to the Court's Conscience

4/14/2008, Kenneth F. Oettle - Look for Opportunities To Delete 'Any' - The intensifier is usually gratuitous

3/31/2008, Kenneth F. Oettle - Be Willing to Declare Causation - Assertiveness shows confidence and aids clarity

3/3/2008, Kenneth F. Oettle - Avoid Double Negatives Because They Tend to Confuse - Positive statements are easier to grasp

2/4/2008, Kenneth F. Oettle - Temper Your Jargon - Always ask yourself if the reader will know what you mean

1/21/2008, Kenneth F. Oettle - Precision Requires Careful Evaluation - Choose the best word to deliver each component of your message

1/7/2008, Kenneth F. Oettle - Use Emphasis To Overcome the Reader's Resistance - Repetition and word placement help drive the point home

12/24/2007, Kenneth F. Oettle - Advocacy Targets Human Tendencies - Readers are vulnerable to tactics that would be lost on computers

11/26/2007, Kenneth F. Oettle - Unsupported Conclusions Are Not a Good Way To Begin - Step down off your soapbox and mingle with the facts

11/12/2007, Kenneth F. Oettle - Don't Tell the Reader What To Think - If your facts are strong but not dispositive, you may wish to suggest, not declare, your conclusion

10/29/2007, Kenneth F. Oettle - Screen Your Metaphors for Possible Backlash - Even apt comparisons can become 'two-edged swords'

10/1/2007, Kenneth F. Oettle - Place 'Only' As Close As Possible to the Limitation It Signals - Follow the grammatical form for clarity and for appearances

9/17/2007, Kenneth F. Oettle - 'Less Is More' Is Often Wise Advice - Ask yourself if you need to say everything you are thinking

9/3/2007, Kenneth F. Oettle - Let the Needs of the Reader Guide Your Groupings - Be wary of easy organizational choices, such as chronology or the alphabet

8/20/2007, Kenneth F. Oettle - Resist the Temptation to Demonize the Adversary - Don't ascribe motives; let the facts reveal them

8/6/2007, Kenneth F. Oettle - More Questions From Summer Associates - Good legal writing is a function of strategy, clarity and support, not style

7/23/2007, Kenneth F. Oettle - Questions From Summer Associates - Strike the balance of time, effort, and expense in favor of good product

5/14/2007, Kenneth F. Oettle - Your Audience Has Changed Since Law School - Now your job is to show why you win, not what you know

4/30/2007, Kenneth F. Oettle - Don't Cobble A List From Loosely Related Items - Take a moment to make sure your categories are consistent

4/16/2007, Kenneth F. Oettle - Arrange Conjunctions To Maintain the Flow - 'Because although' is awkward because 'although' interrupts

4/2/2007, Kenneth F. Oettle - Keep Your Transitional Hooks Subtle - Do not begin a sentence with the proper name that ended the previous sentence

3/19/2007, Kenneth F. Oettle - Quotations Are a Spice, Not the Main Course - Prefer your own words to those of others

2/5/2007, Kenneth F. Oettle - Never Relax Your Persuasive Posture - Even the conclusion can, where appropriate, make a point

1/22/2007, Kenneth F. Oettle - Tailor Your Possessives to the Convenience of the Reader - Sometimes a prepositional phrase works better than an apostrophe

1/8/2007, Kenneth F. Oettle - Maintain the Flow with Echoes from the Prior Sentence

12/25/2006, Kenneth F. Oettle - To Establish Common Ground With the Court, Begin Points with Local Law - Strategize the order of citations as you would strategize the order of witnesses

12/11/2006, Kenneth F. Oettle - Write the Preliminary Statement First If It Helps You Focus - Drafting an introduction can crystallize your theme

11/27/2006, Kenneth F. Oettle - Parallel Structure Meets the Reader's Expectations - Use balanced prose to maintain the flow

11/13/2006, Kenneth F. Oettle - Focus on the Essential Flaw in Your Opponent's Argument - Begin a response or a reply with a point, not merely a declaration of disagreement

10/30/2006, Kenneth F. Oettle - Unpack Your Broad Statements To Find More Factual Support - Facts persuade; to develop more of them, expand the ones you have

10/16/2006, Kenneth F. Oettle - In Memos and Letters, Deliver the Good News Up Front - Unless you would look foolish, be a pal first, not a pain

10/2/2006, Kenneth F. Oettle - Trust Your Reader To Fill In Some Blanks - Implicit steps of a procedural history can usually be omitted

9/18/2006, Kenneth F. Oettle - Follow Blue Book Style; It's Not That Hard - Add another skill to your résumé as a writer

9/4/2006, Kenneth F. Oettle - When Working by Analogy, Elaborate the Comparison - Spell out your analogies to make them unassailable

8/21/2006, Kenneth F. Oettle - Where Else Would a Court Rule But 'In Its Opinion'? In stating the obvious, you may be sidestepping the point

8/7/2006, Kenneth F. Oettle - Be Cautious Using Nouns as Adjectives - A string of modifying nouns makes a heavy meal

6/26/2006, Kenneth F. Oettle - Jealously Guard Your Credibility With the Court - An untrustworthy act is like ink in the wash - it discolors everything

6/12/2006, Kenneth F. Oettle - Use Underlining for Emphasis, Not for Editorializing - Highlight quotations, not your own prose

5/29/2006, Kenneth F. Oettle - Take Control of Your Quotations, Don't Let Them Control You - Delete or substitute for words that are awkward or may confuse

5/15/2006, Kenneth F. Oettle - Summarize Statutes and Rules Before Quoting Them - Control your material and thus the reader's perspective

5/1/2006, Kenneth F. Oettle - Be Cautious Using 'And' as a Connector - Look for relationships beyond the additive

4/17/2006, Kenneth F. Oettle - Carefully Craft Your Sets and Subsets - Make sure the items in a list are of the same kind and size

4/3/2006, Kenneth F. Oettle - Unpack Your Generalizations For Greater Effect - Where possible, create images for the reader to visualize

3/20/2006, Kenneth F. Oettle - Do Not Make a Thought Long Just Because It Is Good - Unnecessary elaboration can produce a net loss rather than a net gain

3/6/2006, Kenneth F. Oettle - 'Rather' Is an Unnecessary, Annoying Signal - In most instances, the change in direction is obvious

2/20/2006, Kenneth F. Oettle - Misinterpreting Cases Is an Occupational Hazard - Beware of both wishful thinking and defeatism

2/6/2006, Kenneth F. Oettle - Don't Twist Your Prose into a Pretzel - Remedy awkwardly passive phrasing by changing the subject

1/23/2006, Kenneth F. Oettle - 'Which' Is Often Incorrectly Used in Place of 'That' - Get the words straight to please the purists

1/9/2006, Kenneth F. Oettle - Good Editing Is Important, But Solid Preparation Is Key - Thorough research and analysis reduces work on the back end

12/26/2005, Kenneth F. Oettle - Mind Your P's and Q's and the Apostrophes That Go With Them - The little mark is a detail worth attention

12/12/2005, Kenneth F. Oettle - Look Behind the Quotation for the Rationale - Supply reasons even if your quoted source did not

11/28/2005, Kenneth F. Oettle - Brief Writing Requires a Formal Style - A casual tone may suggest you don't take your case seriously

11/14/2005, Kenneth F. Oettle - Spell Out the Facts Embedded in Your Generalizations - To do the right thing, the court needs to know the facts

10/31/2005, Kenneth F. Oettle - When Editing Time Is Limited, Perform a Triage - Begin by confirming your purpose and your dominant point

10/17/2005, Kenneth F. Oettle - When Writing a Memo, Keep the Reader in Mind - Dispel preconceptions as quickly as possible

10/3/2005, Kenneth F. Oettle - Curb Your Editorial Urges - Consider carefully how you describe a court's actions

9/19/2005, Kenneth F. Oettle - Seek Feedback on Your Work for a Fresh Perspective - When you give feedback, make sure it is received

9/5/2005, Kenneth F. Oettle - Law Firm Writing Programs Are a Challenge - The results are uncertain, and the time is non-billable

8/22/2005, Kenneth F. Oettle - Some Commas Should Neither Be Seen Nor Heard - Don't place a comma between subject and verb

8/8/2005, Kenneth F. Oettle - Choose an Approach That Will Appeal to the Court's Conscience - Show that the other side 'deserves' to lose

7/25/2005, Kenneth F. Oettle - A Rose By Any Other Name Might Not Be as Popular - The lawyer's job is to find the optimum spin

7/11/2005, Kenneth F. Oettle - The Need for Clarity May Override the Risk of Exaggeration - Don't be afraid to make an overstatement that you quickly qualify

6/27/2005, Kenneth F. Oettle - Skip the Unnecessary Tack-On Explanation - Stating the obvious slows the pace

6/13/2005, Kenneth F. Oettle - Precision Brings Your Idea to a 'Point' - Save the reader the trouble of sorting through multiple meanings

5/30/2005, Kenneth F. Oettle - Be Wary of the 'In Order to' or 'To' Construction - It is a common source of non sequiturs

5/16/2005, Kenneth F. Oettle - End Sentences with Your Most Important Thought - The last word delivers the greatest impact

5/2/2005, Kenneth F. Oettle - Be Brief but Not Brusque in Your Shorthand References - Anticipate the reader's likely reaction to your terms

4/18/2005, Kenneth F. Oettle - Tighten Your Work by Omission and Compression - Eliminate thoughts you don't need and streamline the ones you do

4/4/2005, Kenneth F. Oettle - Typos Undermine Your Credibility and Your Case - To catch mistakes, let your product sit or find a second set of eyes

3/21/2005, Kenneth F. Oettle - Sometimes the Illogical Is Very Logical - Off-point arguments can be persuasive if they address fundamental fairness

3/7/2005, Kenneth F. Oettle - Tell a More Powerful Story in the Active Voice - Use active verbs to convey a sense of fault or failure

2/21/2005, Kenneth F. Oettle - Misusing Sets and Subsets - Don't try to make two facts seem like three

2/7/2005, Kenneth F. Oettle - Favor Facts Over Law for Initial Reader Contact - If you can, use metaphors to interest the reader and intensify the image

1/24/2005, Kenneth F. Oettle - Develop Momentum By Tapping the Reader's Emotions - Among other things, seek agreement with the reader early on

1/10/2005, Kenneth F. Oettle - Maximize Impact By Making One Point at a Time - In writing as in art and music, less is sometimes more

12/27/2004, Kenneth F. Oettle - Dashes Are Powerful Punctuation Marks - They add a third option to commas and parentheses

12/13/2004, Kenneth F. Oettle - Though Detail Is Usually Helpful, It Can Be Overdone - Include what the reader needs to know and trim the rest

11/29/2004, Kenneth F. Oettle - Evaluating an Applicant's Writing Ability - A writing sample can provide a window into a job candidate's skills

11/15/2004, Kenneth F. Oettle - You Don't Need Intensifiers To Mark the Absence of Evidence - Emphatics such as 'whatsoever' tend not to persuade

11/1/2004, Kenneth F. Oettle - Don't Be Afraid to Make Your Own Dicta - Sometimes you have to declare what the case law merely implies

10/18/2004, Kenneth F. Oettle - If a Square Peg Won't Fit, Try a Round One - The rationale for a rule may support you though the words do not

10/4/2004, Kenneth F. Oettle - Skip the Generalities and Go Straight to the Specifics - Don't make the reader wait as you home in on your point

9/20/2004, Kenneth F. Oettle - Don't Take Pot Shots at Court or Counsel - Gratuitous zingers are offensive and unpersuasive

9/6/2004, Kenneth F. Oettle - Precision Begets Persuasion - The more precise you are in support of your point, the greater the chance you will persuade

8/23/2004, Kenneth F. Oettle - Preliminary Statements Should Focus on the Facts - Be selective rather than comprehensive

8/9/2004, Kenneth F. Oettle - Show Every Step of Your Reasoning on Key Points - Elaborating the obvious isn't necessarily beating a dead horse

8/1/2004, Barry M. Epstein, Stuart J. Glick, Jeffrey J. Greenbaum and Mark S. Olinsky - "E-Discovery: A Guide For Corporate Counsel - Sills Cummis' Contribution To The Discussion On Electronic Discovery - Part II"

7/26/2004, Kenneth F. Oettle - Use Quotation Marks to Focus the Reader's Attention - The punctuation should go with the flow rather than interrupt it

7/12/2004, Kenneth F. Oettle - Take Control of Statutes by Summarizing Them - You may need to offload much of what the legislators lump in

6/28/2004, Kenneth F. Oettle - Free Yourself From the 'It' Syndrome - A missing antecedent may give the reader pause

6/14/2004, Kenneth F. Oettle - Be Upbeat But Not Pollyannish - In memos that deliver bad news, you should spin, not pander

5/31/2004, Kenneth F. Oettle - Check Your Lists for Logical Structure - Lists may not emerge from your brain fully formed

5/17/2004, Kenneth F. Oettle - You Need to Sweat the Small Stuff - Minor usage mistakes can be major blemishes

5/3/2004, Kenneth F. Oettle - Eliminate 'There Is' and 'There Are' - Directive phrases, useful in speech, are rarely needed in legal writing

4/19/2004, Kenneth F. Oettle - Reasons Persuade: Conclusions Do Not - Give reasons to back up your positional statements

4/19/2004, Kenneth F. Oettle - Reasons Persuade: Conclusions Do Not - Give reasons to back up your positional statements

4/5/2004, Kenneth F. Oettle - Look Within for the Premise of Your Argument - You can determine what the court is likely to deem fair

3/22/2004, Kenneth F. Oettle - Discretionary Punctuation Should Achieve Clarity and Flow

3/8/2004, Kenneth F. Oettle - Trim the Facts To Bring Out The Essence of Your Case - You may not need marginal facts to make your point

2/23/2004, Kenneth F. Oettle - Know When It Is Time To Rewrite Rather Than Edit - Sometimes you have to clean house

2/9/2004, Kenneth F. Oettle - Use Brackets To Alter a Quotation - You can substitute words to improve clarity

1/26/2004, Kenneth F. Oettle - You Have To Walk a Mile in the Reader's Shoes - To judge your own work, imagine you are the reader

12/29/2003, Kenneth F. Oettle - Even Procedural Histories Can Be Persuasive - Take any opportunity to highlight good facts

12/15/2003, Kenneth F. Oettle - Writing Is a Self-Analytical Process - Quiz yourself relentlessly and without mercy as you compose

12/1/2003, Kenneth Oettle - Thorough Editing Proceeds in Stages - Your initial changes may reveal more opportunities for improvement

11/17/2003, Kenneth F. Oettle - 'However' Is Usually an Unnecessary Signal - Negation or limitation may be obvious without it.

11/3/2003, Kenneth F. Oettle - You May Need To Reorganize Your Thoughts After Recording Them - Be wary of digressions, which divert the reader

10/20/2003, Kenneth F. Oettle - In Case Write-Ups, Get Quickly to the Holding - Then decide how much of the court's reasoning to present

10/6/2003, Kenneth F. Oettle - Characterize Your Time Intervals To Take Control of the Facts

9/22/2003, Kenneth F. Oettle - Your Writing Is a Barometer of Your Thinking - Drafts reveal when you haven't grappled with or mastered an issue

9/8/2003, Kenneth F. Oettle - In a Memo, the Short Answer Should Get Immediately to the Point - Busy lawyers appreciate brevity and directness

8/25/2003, Kenneth F. Oettle - Use 'Accordingly,' 'Thus' and 'Therefore' Sparingly - The context usually supplies the connection

8/11/2003, Kenneth F. Oettle - Grammatical Patterns Dictate the Reader's Response - Arrange your sentences to account for embedded reactions

7/28/2003, Kenneth F. Oettle - Weak Arguments Are Pellets for the Shotgun Approach - Fight the temptation to include them 'just in case'

7/14/2003, Kenneth F. Oettle - Which Comes First: the Chicken or the Egg? - Sometimes you lead with your point, and sometimes you lead up to it

6/30/2003, Kenneth F. Oettle - Don't Be Afraid To Characterize the Facts - The perspective you supply will assist and persuade the reader

6/16/2003, Kenneth F. Oettle - If You Have More Than One Dispositive Point, Let the Reader Know Up Front - An overview provides power and aids comprehension

6/2/2003, Kenneth F. Oettle - Footnotes Are Where the Horse Is Buried - Think twice about using substantive footnotes in briefs

6/1/2003, Kenneth F. Oettle - "Should I Change Horses In Mid-Stream? Deciding Whether To Hire Appellate Counsel"

5/19/2003, Kenneth F. Oettle - 'Indeed,' 'Simply' and 'Certain' Are Unnecessary Additives

4/21/2003, Kenneth F. Oettle - To Get to the Point, Get to the Verb - Avoid the 'start-stop' syndrome

4/7/2003, Kenneth F. Oettle - Create a Parallel Universe for Rhythm and Reinforcement - A balanced structure can also improve clarity

3/24/2003, Kenneth F. Oettle - Begin Paragraphs With Ideas Rather Than Case Names - 'In Smith v. Jones' is a tempting but weak transition

3/10/2003, Kenneth F. Oettle - The Writing Process Begins with Getting the Assignment Straight - Smart writers stop and ask for directions

2/24/2003, Kenneth F. Oettle - When Tracking Statutes and Rules, Use Only What You Need - Verbatim recitation is comforting but often unnecessary

2/10/2003, Kenneth F. Oettle - Grouping and Subordination Help Guide and Persuade the Reader - Use bags and baskets to present your facts and arguments

1/27/2003, Kenneth F. Oettle - Commas Enhance Clarity and Regulate the Flow of Your Writing - If used improperly, they can confuse and irritate the reader

1/13/2003, Kenneth F. Oettle - Use Smaller Categories to Convey Precise Information - Offering unnecessary alternatives creates ambiguity

12/30/2002, Kenneth F. Oettle - Give a Quotation a Good Introduction - A short summary guides the reader and enlists the power of repetition.

12/17/2002, Kenneth F. Oettle - Transition by Repetition: Take One Step Back To Go Two Steps Forward - Transitions are transparent to the reader but good for the flow

12/2/2002, Kenneth F. Oettle - Is the Glass Half Empty or Half Full? - Permissive and restrictive words give different slants to the same rule

11/18/2002, Kenneth F. Oettle - Don't Take Refuge in 'Common Sense' - Like the phrase 'it is important to note,' it may indicate fuzzy thinking

11/4/2002, Kenneth F. Oettle - Point Headings Should Persuade - Crisply stated gists help the court follow the argument's direction

10/21/2002, Kenneth F. Oettle - Don't Give Your Adversaries Free Airtime

10/7/2002, Kenneth F. Oettle - Exaggerations, Disparagements and Other Intensifiers

11/1/1993, Kenneth F. Oettle - Publicly Traded Securities Are a Waiver Prerequisite

10/1/1989, Kenneth F. Oettle - Commissioners Have Tough Standards For Casino Refinancings

Related Press Releases

5/15/2008, Sill Cummis & Gross P.C. Releases Third Edition of E-Discovery Book

Relevant Events

10/10/2003, Kenneth F. Oettle - "What Busy Partners Look For in Legal Memos" (Rutgers-Camden Law School)

7/30/2003, Kenneth F. Oettle - Public Contracts and Procurement Regulations in New Jersey- Full-day Lorman Seminar

 
ISLN904725184
 
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Office Information

Kenneth F. Oettle
Sills Cummis & Gross P.C.
One Riverfront Plaza
Newark, NJ 07102-5400




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