PRACTICE AREAS

REAL ESTATE

Bern Root’s real estate practice provides counsel on all aspects of real estate transactions, including acquisitions, dispositions, and financing transactions.  We represent both borrowers and lenders on loan originations and the negotiation of loan documents, workouts and restructurings and foreclosures, as well as the issuance of opinions.  We also advise on acquisition and disposition transactions, including contract negotiation, title/survey and other due diligence, and closings.  We also handle numerous lease negotiations on behalf of both landlords and tenants.

We help clients navigate the development of all major property types, including office buildings, industrial facilities, health and hospital facilities, retail buildings and multi-family projects.  We advise on development-related matters, such as land use and zoning, re-development, permitting, and environmental concerns, including the negotiation of re-development agreements and construction contracts.  Our experience with other property types includes healthcare and affordable housing, self-storage facilities, entertainment facilities, and condominiums and cooperatives.

Bern Root serves a wide variety of clients, including municipalities and municipal land use boards, public authorities, private developers and other entrepreneurs, real estate funds, homeowners and other real estate investors and their advisors.  We also have experience navigating real estate matters unique to non-profit organizations.

ZONING /LAND USE

Our zoning and land use practice encompasses most of New Jersey where we represent both municipal governments and re-development agencies, as well as private clients.  Our clients benefit from our local knowledge, experience, and working relationships, which are essential to a successful zoning and land use process.

We represent developers, landowners, and public agencies that have simple to complex zoning and land use needs.  We have experience in the legislative, administrative, and regulatory aspects of zoning, affordable housing, Master Plans and Re-development and other land use issues. At the outset of a project, we develop and implement legal strategies to expedite a project, from the conceptual state through application and ultimate approval, while minimizing the risk of litigation and other delays.

We provide regulatory compliance counseling on zoning and planning, Master Plan, open space, historic preservation, environmental issues, re-development, building code issues, coastal zones (and other special protection areas), agency permits, variances and approvals, public review requirements, and other issues. We negotiate public-private agreements relating to easements, common infrastructure, cost sharing, and advise clients on re-locations and property acquisitions with public funding.  We assist clients with community and government relations and defend them against administrative and court challenges related to land use approvals.

LEASING

Bern Root’s Leasing and Property Management Practice represents a broad cross section of clients, including individual property owners, developers, investors, asset managers, corporations, utility authorities, professional services firms, retailers, and local government.  Many of our clients have multiple locations.

We regularly advise landlords, tenants, and property managers on their leasing and ongoing operations challenges and have been involved in every type of leasing transaction.

We have experience in private sector and government leasing transactions. We structure, negotiate, and document transactions that include ground leases, municipal and commercial facilities, shopping centers, and pad retail and other commercial properties.

Although Bern Root’s commitment is to provide proactive legal counsel to mitigate disputes, the firm also advises on lease disputes, workouts, buyouts, and defaults.

We have resolved claims ranging from unreasonable restrictions to breach of lease, failure to pay rent, force majeure, unreasonable refusal to allow subleases. The firm has also been involved in claims pertaining to the failure to maintain property, actual property damage, and violation of rights by neighboring property owners/tenants. among others.

CANNABIS LAW

Bern Root represents companies in navigating the evolving laws and regulations that govern medical and recreational cannabis in the State of New Jersey.  From our experience working in the state legislature, we have monitored the evolution of laws and policies governing the legal cannabis business and have counselled clients on obtaining comprehensive “vertical licenses” as well as other licenses and permits for cultivation, marketing, formulating, and selling cannabis products to the public.  In addition, we assist clients in business and commercial contracts, mergers and partnerships and corporate representation in the cannabis field.  With our expertise in zoning and municipal law, we provide due diligence and guidance regarding locations and obtaining permits and regulatory approval for our client’s medical and recreational cannabis business.  We also assist our clients in obtaining banking, insurance, and other service providers to assist and facilitate their business objectives and provide advice and guidance for compliance with government regulations and approvals.

SMALL BUSINESS

Bern Root assists clients in the formation of business entities, business planning and a wide variety of contractual matters.  We have negotiated agreements with professional associations and closely held corporations as well as assisting in regulatory employment and financial issues that arise with our business clients.  The firm provides counseling to start up businesses including design of corporate structure, general corporate counselling including compliance with federal and state laws and regulations and apprising officers and directors of their legal obligations.  We assist our clients in resolving disputes during negotiation and where necessary with litigation strategies to achieve our client’s objectives.

GOVERNMENT LAW

Bern Root provides legal services to municipalities, counties and county agencies and state authorities throughout the State of New Jersey.  The firm has been actively involved in representation and re-development and litigation matters on behalf of urban and suburban public clients large and small.  We advise public entities and serve as general and special counsel to a number of municipalities and regional and county agencies.  We consult with elected and administrative officials, prepare resolutions and ordinances, and review and prepare contracts and agreements.  We negotiate agreements with other governmental agencies and private entities.  We assist our governmental clients with applicable laws and regulations and compliance and approval processes necessary to develop, implement and enforce public policies promulgated by our clients.  We also advise on election law and election financing issues including New Jersey election compliance issues.  We counsel clients to ensure that they are in compliance with current rules and successfully manage situations involving regulations, land use and zoning and re-development matters.

The firm has served as counsel to a number of municipalities, planning and zoning boards and utility authorities for a number of years.