Porzio, Bromberg & Newman P.C.

Litigation And Dispute Management

When disputes arise, clients look for lawyers who can proactively represent them to resolve the issues. Porzio’s experienced litigators understand the underlying real estate issues and have the experience to provide our clients with dispute management and litigation counseling. Our attorneys approach disputes with an open mind and in close consultation with our clients to ensure that their needs are always the focus of our work. We work to resolve disputes amicably whenever beneficial to our clients’ interests, but when litigation is unavoidable, our team is equipped to effectively and aggressively protect those interests in state and federal courts, before arbitrators, and before agencies, boards, and other tribunals.

Commercial Real Estate Transaction Litigation

Our litigation and transactional attorneys work collaboratively to deliver cost-effective representation that protects clients’ property and contract interests. We handle a wide range of disputes involving the sale of real property, breaches of real estate contract claims, deed and covenant restriction claims, real estate brokerage commissions claims, and claims arising from financing and leasing contracts. Recent representative engagements include:

• Successfully defended an international engineering and environment services firm in a commercial lease dispute where the owner was claiming oral modification of the parties' lease agreement, which would have committed the client to a $5 million additional obligation. Following a two and a half week trial, the jury unanimously returned a “no cause verdict” in the client's favor.
• Represented a contract purchaser of a multi-million dollar development who correctly refused to close until the seller satisfied certain preconditions. The case began when the seller filed an Order to Show Cause, attempting to compel either an immediate closing or a contract termination. Porzio mounted an aggressive defense and counterclaim, rebuffing the seller’s demands and causing the case to quickly settle after the seller fulfilled all closing obligations.
• Represented a property owner who brought suit against a neighbor, alleging that the neighbor was improperly encroaching on the client's exclusive riparian rights. At mediation, our team helped the parties craft a creative resolution acceptable to all concerned.
• Won multi-million dollar judgment on behalf of commercial real estate brokers for unpaid commissions owed to them.

Foreclosure and Lender Litigation

In this time of unprecedented levels of foreclosure filings and bankruptcies, impacted clients turn to us for advice on a variety of issues concerning foreclosures, workouts and lender-related litigation. We represent secured lenders, developers and borrowers in litigation that arises in connection with mortgage loans or other real estate-related financings. Our experience includes workouts, tax liens and mortgage foreclosures, actions involving guarantors, lender liability claims and relief for secured lenders from bankruptcy stays. Recent representative engagements include:

• Successfully handled liquidation of several large portfolios of defaulted commercial loans. prosecuting lawsuits against borrowers and guarantors while also foreclosing on the property.
• Won a million dollar verdict in a lawsuit to enforce a personal guaranty in a commercial note and mortgage.
• Represented a commercial lender in successfully and quickly obtaining both foreclosure of real property and a multi-million dollar monetary judgment against the borrowers and guarantors on the defaulted debt obligations.

Title Insurance and Title Litigation

Our attorneys quickly analyze title issues and recommend appropriate courses of action. We represent private property owners and national title insurance companies in actions based on boundary disputes, easements, adverse possession claims, judgment and other liens and riparian rights. Recent representative engagements include:

• Representation of a national title company and its insured, a national mortgage lender. Both parties were dragged into a sale-leaseback lawsuit between the current and former owners. Porzio convinced all parties that their dispute did not affect our client's secured interest. As a result, the plaintiff dismissed our client from the case.

Commercial Landlord/Tenant Litigation

Commercial landlords and tenants need to know their rights and responsibilities under a lease. We provide experienced counseling in connection with such disputes. When litigation cannot be avoided, we are equipped to guide our clients through the process. Examples of the types of matters we handle range from breach of lease, constructive eviction, return of security and dispossession actions to non-payment and suits against lease guarantors.

Professional Claims Defense Litigation

At times, a professional architect, surveyor, wetlands delineator, title agent or other real estate- related professional faces suit for alleged professional negligence. When that occurs, it is critical for the professional to retain an attorney who is familiar with the professional’s practice and the defense of such claims. We have the background and experience to help clients preserve their professional reputations while efficiently litigating their matters. Recent representative engagements include:

• Representation of a wetlands delineator in a suit that alleged that our client had committed malpractice by failing to properly prosecute a wetland application before the New Jersey Department of Environmental Protection. Porzio lawyers successfully obtained a dismissal of all claims.

Prerogative Writ Litigation and Zoning Appeals

Not every development project receives proper consideration by municipal land use boards and other governmental agencies. Our litigation attorneys have experience representing developers before trial and appellate courts, seeking to affirm or overturn governmental actions. Such matters include appeals of land use board decisions, municipal redevelopment initiatives, appeals objecting to the unlawful adoption of zoning ordinances, projects seeking to advance the construction of low and moderate income housing, and appeals of improper determinations by state and local officials regarding permitting and environmental issues.

A Diverse Vision

A diverse workplace community serves the best interests of our clients and our people. At Porzio, Bromberg & Newman, we strive to create a professional environment and reputation that reflect our commitment to this fact. By sharing our unique perspectives and capabilities, we enrich our workplace and expand our potential. As we devote our talents to the common good, we serve our clients and each other with greater passion, creativity and effectiveness.

 Much work lies ahead in the creation of enduring diversity. The steps we take today, with confidence and the future in mind, lay a foundation for inclusion far beyond age, race and gender. Thus, we commit to employing a workforce that better reflects our diverse community. We dedicate ourselves to the continued integration of talented new employees, more effective communication, cohesive teams and professional growth across all departments. By diversifying internally, we will better comprehend the values and needs of our clients, thereby continuing to secure the financial success of the firm.

Through its Workplace Diversity Committee, Porzio, Bromberg & Newman strives to incorporate these ideals into our daily practices and infuse them in the shared spirit of the firm. The Committee shall continue to pursue ventures that demonstrate the firm’s appreciation of the strength and innovation of a diverse workplace community, one best equipped to serve the interests of our clients and our people.

Managing Principal Message on Diversity at Porzio

Diversity is a word that, in its simplest definition, means “difference.” As a business concept, it means “inclusion.” The inclusion of individuals of diverse backgrounds in today’s workplace can mean a real difference in creating an environment that is truly dynamic. Porzio, Bromberg & Newman has a proud history of serving the best interests of our clients by serving the best interests of our people, and as a firm, we recognize that our workplace environment should reflect the communities we serve. As managing principal, I want our workplace to reflect this reality. I believe that greater diversity contributes to the quality of the legal profession and increases the confidence of the people we serve. Our clients demand diversity and we are proud to be among the firms to rise to the challenge.

Throughout history, there have been those who have dreamed of the possibility of an environment in which differences are celebrated and potential maximized. Honoring diversity, however, requires more than just words or dreams. Honoring diversity requires action on the part of those dedicated to making change. Our firm, through the efforts of our Diversity Manager and Workplace Diversity Committee, is laying the groundwork to make these dreams reality. As the chairperson of our Workplace Diversity Committee, I have committed myself, and our people, to achieving the goal of increasing diversity at Porzio, Bromberg & Newman. Composed of senior level principals, associates and managers, our Committee meets frequently to evaluate our efforts and progress. As a Committee, we have established a Twelve Month Action Plan that details the steps we will take in the coming year to further the goal of increasing diversity at all levels within the firm. Our obligation, however, will not end there, because we can achieve meaningful results only over time and with honest self-reflection.

We recognize that true commitment to diversity demands establishing long-term goals not only for the recruitment of exceptional individuals of diverse backgrounds, but also for the retention of such individuals. Within five years, we anticipate that our efforts to increase diversity will be evident in all dimensions of firm life. The creation of a diverse organization is a developmental process. Each day we spend working toward that goal is another day closer to bringing down the walls that too often separate us and limit our ability to be true leaders in the legal profession.

We welcome you to visit our firm’s Diversity page at www.pbnlaw.com/pages/diversity/diversity.php to track our progress and to obtain more information on our firm’s diversity initiatives, recruiting efforts and upcoming events.