Government and Regulatory Affairs

Q: Labor, Employment, and Negotiations

Malamut Law labor attorneys recognize the diverse workplace issues facing public and private sector employers. We are keenly aware that a thorough understanding of our clients’ businesses and operational philosophies is key to aiding in the development of proactive policies and procedures. These practices help avert liability, minimize employment claims, and foster a productive and healthy workplace. Our attorneys are committed to providing employers with quality counsel to ensure the achievement of their goals. Our public and private sector clients rely on us for guidance and counsel on many labor and employment issues including: • Collective bargaining agreement negotiations • Claims under state and federal laws against discrimination • Breach of employment contract claims including matters involving covenants not to compete • Americans with Disabilities Act claims • Grievances/Public Employee Relations Commission matters • Arbitration and mediation hearings • Wrongful Discharge claims • Fair Labor Standards Act claims • Compliance with the New Jersey Family Leave Act and Equal Pay Act • Affirmative Action programs • Preparation of employee policies and procedures manuals • Investigations • Drugs in the workplace issues • Discipline and termination issues

Q: Public Finance

Malamut Law currently serves as bond counsel to over a dozen municipalities in four counties in New Jersey and represents a number of independent governmental entities, municipal utility authorities, and the Burlington County Bridge Commission. Recently, in one year alone, our attorneys oversaw more than 25 municipal note sales totaling over $163 million in short-term obligations and nine long-term bond sales or authority financings totaling over $200 million. Our public finance attorneys are licensed to practice law in the State of New Jersey. Our attorneys are listed in The Bond Buyer’s Municipal Marketplace Directory (commonly referred to as the “Red Book”) as bond counsel qualified to deliver legal opinions on the issuance of tax-exempt obligations. Our public finance attorneys have served as bond counsel or underwriter’s counsel to municipalities throughout the State on millions of dollars of public finance transactions and have participated in billions of dollars of bond and note financings for public projects. We have provided legal services with the preparation of bond ordinances, the authorization and issuance of bond anticipation notes and general obligation bonds, the approval and issuance of refunding bonds for both current and advance refunding transactions and for transactions that are undertaken to restructure outstanding debt.

Q: Public Contracting & Procurement

Malamut Law ’s team includes multiple attorneys with years of experience in public procurement and has served as general and special counsel for public entities on virtually every aspect of procurement. The firm also represents our government entities in proceedings related to procurements in state and federal courts concerning bids, awards, and contracts for transportation, insurance, employment, and professional services issues. We have advised clients on myriad issues that often arise during procurement processes and during the time period when bids are being evaluated, awarded, and/or challenged. Our attorneys work regularly with our clients to ensure continued compliance with applicable public bidding requirements (e.g., “Pay-to-Play” laws). Most recently, we have assisted some of our public sector clients in the formulation and implementation of “responsible bidder” requirements and Project Labor Agreements. We also provide advice and consultation with respect to proposal compliance or non-compliance with bid specifications and requirements. We draft correspondence and other documents for our clients’ review and signature relating to procurement issues, analyze vendors’ compliance with applicable bid specifications and procurement laws including the Local Public Contracts Law, and provide general advice and research regarding case law which may impact our clients’ procurement procedures and policies.

Q: Public Schools and Education

Malamut Law ’s Public Schools and Education attorneys handle a variety of legal topics in their representation of New Jersey school boards. Our areas of school law practice include General Counsel, Labor/Employment/Negotiations, Public Finance, Special Education, OPRA/OPMA, and Litigation.

Have you encountered legal challenges related to government regulations or faced regulatory issues impacting your business? Whether it’s navigating compliance complexities or advocating for your interests in government affairs, you deserve experienced legal representation. At MalamutLaw, our adept team of Government and Regulatory Affairs attorneys is ready to guide you through the intricacies of governmental processes. Safeguard your interests and ensure compliance with the help of our skilled legal professionals. Trust MalamutLaw to be your advocate in Government and Regulatory Affairs matters.

MalamutLaw attorneys have extensive experience and institutional knowledge concerning the operation of State and local government agencies in New Jersey. Our attorneys have represented the State of New Jersey, the New Jersey Senate, multiple county governments, their schools, and authorities as well as more than 20 municipalities, their authorities and school boards. This representation spans decades and includes roles as solicitor as well as labor and employment counsel, land use and environmental counsel, bond counsel, civil litigation counsel, and workers compensation counsel. Our attorneys have a deep appreciation of the challenges faced by elected officials and governmental entities in complying with statutory and regulatory requirements while also proactively developing and implementing their own specific agendas. MalamutLaw attorneys also have a wealth of experience representing private and public sector clients and agencies before State of New Jersey entities including:

• Department of Environmental Protection
• Department of Law and Public Safety
• Department of Transportation
• Department of Insurance
• Department of Treasury
• Board of Public Utilities
• Pinelands Commission
• Office of Administrative Law
• Public Employees Relations Commission

Combining representation of government agencies with representation before the State and its agencies has made the Government and Regulatory Affairs attorneys of MalamutLaw well rounded and uniquely qualified to tackle any issue.

General Counsel / Solicitor / Attorney

We provide legal advice and counsel representing public entities including municipalities, authorities, counties, and public schools. Our attorneys stay informed and current on all changes to laws affecting our local government clients.

Labor, Employment, and Negotiations

MalamutLaw labor attorneys recognize the diverse workplace issues facing public and private sector employers. We are keenly aware that a thorough understanding of our clients’ businesses and operational philosophies is key to aiding in the development of proactive policies and procedures. These practices help avert liability, minimize employment claims, and foster a productive and healthy workplace. Our attorneys are committed to providing employers with quality counsel to ensure the achievement of their goals. Our public and private sector clients rely on us for guidance and counsel on many labor and employment issues including:

• Collective bargaining agreement negotiations

• Claims under state and federal laws against discrimination

• Breach of employment contract claims including matters involving covenants not to compete

• Americans with Disabilities Act claims

• Grievances/Public Employee Relations Commission matters

• Arbitration and mediation hearings

• Wrongful Discharge claims

• Fair Labor Standards Act claims

• Compliance with the New Jersey Family Leave Act and Equal Pay Act

• Affirmative Action programs

• Preparation of employee policies and procedures manuals

• Investigations

• Drugs in the workplace issues

• Discipline and termination issues

Public Finance

MalamutLaw currently serves as bond counsel to over a dozen municipalities in four counties in New Jersey and represents a number of independent governmental entities, municipal utility authorities, and the Burlington County Bridge Commission. Recently, in one year alone, our attorneys oversaw more than 25 municipal note sales totaling over $163 million in short-term obligations and nine long-term bond sales or authority financings totaling over $200 million.

Our public finance attorneys are licensed to practice law in the State of New Jersey. Our attorneys are listed in The Bond Buyer’s Municipal Marketplace Directory (commonly referred to as the “Red Book”) as bond counsel qualified to deliver legal opinions on the issuance of tax-exempt obligations.

Our public finance attorneys have served as bond counsel or underwriter’s counsel to municipalities throughout the State on millions of dollars of public finance transactions and have participated in billions of dollars of bond and note financings for public projects. We have provided legal services with the preparation of bond ordinances, the authorization and issuance of bond anticipation notes and general obligation bonds, the approval and issuance of refunding bonds for both current and advance refunding transactions and for transactions that are undertaken to restructure outstanding debt.

Affordable Housing

Since the New Jersey Supreme Court’s March 2015 affordable housing decision, municipalities have been required to file housing plans in the Superior Court seeking compliance with their third-round housing obligations in order to remain insulated from builder‘s remedy lawsuits. Our attorneys have represented nine municipalities and initiated litigation on behalf of six Burlington County municipalities.

Our attorneys continue to guide these municipalities through this court-supervised regulatory process while assisting the municipalities with additional compliance mechanisms.

We understand the unique characteristics of these municipalities, and we work closely with the municipalities’ affordable housing planners to ensure that an appropriate affordable housing plan is created and implemented. Since the Supreme Court’s decision, we have developed professional relationships with the Court-appointed Special Masters and intervenor defendants in our matters. Separately, through our representation of municipal utilities authorities, we have been closely involved in resolving utility issues arising from the implementation of proposed affordable housing developments.

Real Estate, Land Use, Zoning, and Redevelopment

MalamutLaw real estate and land use attorneys are involved in a wide range of real estate matters including eminent domain, sales and acquisitions, development and land use, financings, leasing and operations, workouts, and litigation. Our attorneys regularly represent a broad spectrum of public and private sector clients which include State, local, and regional governmental entities, owners, developers,
lenders, landlords and tenants, and nonprofit organizations in New Jersey and beyond. We are better able to service clients with their real estate needs by leveraging our experience across disciplines such as construction litigation, environmental and transportation regulation, land use planning and zoning,
corporate and partnership transactions.

Our attorneys also have extensive experience handling traditional real estate services such as the preparation and negotiation of contracts, leases, joint ventures, land use restructurings, easements, title issues, zoning and the approval process. Our attorneys have taken an active role, where necessary, in representing our public sector clients in real estate matters before state or regional agencies. Our attorneys have also represented public bodies with respect to land acquisitions and condemnation
matters for school projects in Trenton, Paterson, and Camden, and in relation to road projects in Burlington County, Middlesex County and Hudson County.

Our real estate lawyers also counsel public entities, owners, developers, and financial institutions in applicable federal, state, county, and local laws and regulations, and have assisted them in obtaining approvals in the land development process involving zoning, site plan, subdivision, and soil conservation
issues, as well as before the New Jersey Departments of Environmental Protection and Transportation and the Pinelands Commission. We are also seasoned in handling enforcement actions, historic preservation issues, and accessibility issues as well as any related regulatory and litigation matters.

Public Contracting & Procurement

MalamutLaw’s team includes multiple attorneys with years of experience in public procurement and has served as general and special counsel for public entities on virtually every aspect of procurement.

The firm also represents our government entities in proceedings related to procurements in state and federal courts concerning bids, awards, and contracts for transportation, insurance, employment, and

professional services issues.

We have advised clients on myriad issues that often arise during procurement processes and during the time period when bids are being evaluated, awarded, and/or challenged. Our attorneys work regularly with our clients to ensure continued compliance with applicable public bidding requirements (e.g., “Pay-to-Play” laws). Most recently, we have assisted some of our public sector clients in the formulation and implementation of “responsible bidder” requirements and Project Labor Agreements.

We also provide advice and consultation with respect to proposal compliance or non-compliance with bid specifications and requirements. We draft correspondence and other documents for our clients’ review and signature relating to procurement issues, analyze vendors’ compliance with applicable bid specifications and procurement laws including the Local Public Contracts Law, and provide general advice and research regarding case law which may impact our clients’ procurement procedures and policies.

Environmental Law and Protected Lands

MalamutLaw environmental attorneys are intimately familiar with the land use and development issues involving municipalities in environmentally protected regions such as the Pinelands. Many of our attorneys have experience serving as zoning board attorney or planning board attorney, including towns
affected by such environmentally protected regions. Our firm has also represented public and private clients in matters before the Pinelands Commission and similar bodies, and we have served as co-counsel to a local regional school district in a lengthy matter before the New Jersey Pinelands Commission and the Department of Environmental Protection involving a historic application to rezone hundreds of acres within Pinelands land use management areas to facilitate the construction of a new high school. On behalf of private sector clients, we have also handled the sale and/or retirement of Pinelands Development Credits, the transferable development rights established by the Pinelands Commission for certain properties within the Pinelands National Reserve.

Our attorneys have also provided advice and representation to one of our public sector clients in developing and implementing a strategy to interact with the New Jersey Department of Environmental Protection, the Army Corps of Engineers, and the public with regard to a proposed emergency Delaware River dredging project and expansion of the dredge disposal area located at the Palmyra Cove Nature Park, an over 350-acre dredge materials deposit site converted to a nature preserve in 2003. When the Army Corps of Engineers commenced expansion of the project that threatened the Park, we intervened on behalf of our public sector client. Our work included review and analysis of project plans and specifications, legal research regarding statutory and regulatory requirements (Federal consistency issues, Clean Water Act issues, wetlands issues, endangered species issues and Congressional Record, and other notice requirements). Interaction with the Department of Environmental Protection and Army Corps resulted in an agreement not only to allow for the project, but at the same time, reduced the dredge material site at the Nature Cove to twenty acres.

Litigation

MalamutLaw boasts an active litigation practice encompassing the full realm of business and legal disputes. Our trial attorneys are seasoned counselors and advisors who provide strategic thinking and decision-making to assist clients in reaching their objectives. The broad spectrum of our litigation experience helps us respond in a timely manner to provide practical solutions to our clients’ legal problems.

Our litigation attorneys represent clients in a wide array of matters in federal and state trial and appellate courts, and before regulatory and administrative agencies including the New Jersey Division of Workers Compensation and the New Jersey Office of Administrative Law. Our clients are diverse and include governmental and other public entities, authorities, educational systems, and joint insurance funds. Our litigation attorneys have successfully tried a broad range of matters involving contract disputes, insurance defense, workers compensation defense, construction matters, discrimination and employment claims, governmental immunity, personal injury, labor disputes, and liability and insurance coverage.

Because we are a multidisciplinary firm, we are able to internally leverage the talents and experience of our full slate of attorneys across a wide spectrum of practices. Our depth of skill and experience is an invaluable tool when litigation matters involve varying substantive areas of law. The attorneys at MalamutLaw have over 25 years of workers’ compensation defense experience, representing insurance companies, self-insured companies, and numerous public entities. This experience includes significant defense motion practice with an emphasis on relevant case law and applicable motion rules, as well as expertise in handling permanency and causal relationship issues both at the inception of the claim and during litigation. We also have experience with Second Injury Fund defense to limit exposure in total permanent disability cases. Further, our experience focuses on bringing formal claims to a conclusion with an emphasis on the limitation and mitigation of exposure and costs for the client.

Public Schools and Education

MalamutLaw’s Public Schools and Education attorneys handle a variety of legal topics in their
representation of New Jersey school boards. Our areas of school law practice include General Counsel, Labor/Employment/Negotiations, Public Finance, Special Education, OPRA/OPMA, and Litigation.

Risk Management

Risk management in the context of local government representation involves identifying, assessing, and mitigating potential legal risks faced by a municipality or local government entity. This includes proactively identifying areas of potential liability and implementing strategies to minimize exposure to these liabilities. Effective risk management in local government ensures compliance with relevant
regulations, protects the interests of the client.

OPRA / OPMA

Government and public records custodians need legal guidance when it comes to the Open Public Records and Meetings Acts. As requests for information come to public entities, our attorneys are available to help answer questions regarding protected information and electronic or video information. We help our clients develop compliant programs for managing public meetings and announcements, as well as retaining, responding to requests for, and destroying public records.

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Government and Regulatory Affairs

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