statewide legal authority since 1878 JANUARY 13, 2014 NJLJ.COM

Challenges Ahead for Chief Counsel in Christie's High-Profile New Term

By David Gialanella lawmakers. And on Thursday, U.S. open public records requests. Attorney Paul Fishman announced the No matter the issues that crop up, hristopher Porrino, the new chief initiation of his own probe. Porrino anticipates having to give counsel to Gov. , Porrino walks into a years-long sound legal advice without much time isC a rare breed in the administration, judge shortage thanks to an impasse for deliberation, he says. having never worked for Christie as a between Christie and top Democratic One recent example was the death prosecutor. lawmakers. last June of U.S. Sen. . "I don't have this 15-year relation- As of Wednesday, there were 58 Within days, Christie had to decide ship that many of the former fed- Superior Court vacancies statewide, how to fill the seat and whether to eral prosecutors have had with him," according to judiciary statistics. That hold a special electiondecisions Porrino says. But "what I did have is includes 21 in Essex County, six that required legal counsel and experience opposite a number of those in Union and five each in Bergen, interpretation of dusty old statutes, as prosecutors when they were working Camden and Middlesex. did the expedited legal challenges that for the governor." There are long-running Supreme followed, Porrino says. Porrino is a veteran litigator with Court vacancies, too. Christie's two The governor's chief counsel nearly 20 years of private practice most recent nominations, Board of role has been held by many of New under his belt. And his defense Public Utilities President Robert Jersey's most notable public officials, experience may come in handy, as Hanna and Monmouth County including Supreme Court Chief Christie begins what could very likely Superior Court Judge David Bauman, Justice Stuart Rabner and former be a tumultuous second term. never received a hearing and are set to Attorney General Jeffrey Chiesawho Porrino takes his place just as expire Jan. 14. ended up being Christie's pick to fill a scandal unfolds over the com- Porrino is also joining the in for Lautenberg, until the October plicity of Christie's administration administration just as Christie appears special election. in ordering unannounced George poised for a potential presidential bid. Porrino, the outgoing director of Washington Bridge lane closures "The possibility of a run is out the attorney general's Division of last September that created traf- there," Porrino acknowledges. "To Law, replaces Charles McKenna, fic jams, allegedly to cause angst the extent he's not here in the state, whom Christie picked for CEO of for Fort Lee's mayor for failing to there'll be a lot to do." the School Development Authority. endorse Christie for reelection. He says he doesn't know whether Also switching roles is chief of Christie fired his deputy chief he'll be traveling with the governor on staff Kevin O'Dowd. He will replace of staff, Bridget Anne Kelly, and campaign trips. acting Attorney General John denied knowledge of the stunt. David The national attention Christie Hoffman, who has been put up for a Wildstein, a Christie appointee to garners has kept a spotlight on the Superior Court judgeship. the Port Authority also involved administration, which has practical Chiesa, a Christie confidant since in the action, resigned last month effects, Porrino says, such as a their days together in private practice, and is under investigation by state significant increase in the number of knew of Porrino by reputation through his white-collar defense, though they colleagues in the U.S. Attorney's protecting 's shoreline wouldn't meet until later. Office particularly Marc Ferzan, now after Hurricane Sandy, Porrino says. Porrino began his legal career in executive director of the newly created That included participating as 1993 in the litigation department of Governor's Office of Recovery and amicus in Karan v. Harvey Cedars, Greenbaum, Rowe, Smith, Ravin, Rebuilding, and Robert Kirsch, now a a case Porrino argued successfully Davis & Himmel in Woodbridge, Union County Superior Court judge. before the Supreme Court. where, aside from white-collar When Chiesa was Christie's chief In July, the court said that eminent defense, he handled commercial liti- counsel, Kirsch introduced him to domain compensation to beachfront gation, professional liability defense, Porrinowho at the time thought he homeowners for dune-blocked views antitrust, and insurance, bank and might one day be recruiting Chiesa must account for the protective value securities fraud. He made partner to Lowenstein, not the other way the dunes add to the properties. eight years later. around. But it was Chiesa who The chief counsel job offer, like At Greenbaum, he worked offered a job to Porrino, who took Chiesa's before, came as a surprise, alongside prominent defense lawyer the Division of Law director post in Porrino says. He ultimately accepted, Michael Himmel. They, along with February 2012, not long after Chiesa and the change was announced Dec. 19. Robert Kipnees, garnered national became attorney general. Porrino says he "was and still [is] attention in 1997 by obtaining a "I really felt like this was my shot," politically unaffiliated" and "not very not-guilty verdict in a price-fixing Porrino says. "The only thing in the politically active," though he has made case against Appleton Papers con column...is money. [But] it isn't monetary contributions to candidates Inc. of Wisconsin and CEO Jerry just about the moneythese are life from both major parties. Wallace, despite a four-year Justice experiences that can't be replicated." According to online government Department investigation. As Division of Law director, databases, Porrino made four donations Porrino came along in 2004 when Porrino called on his broad practice totaling $1,900 to Democratic U.S. Roseland's Lowenstein Sandler lured experience and litigation-manage- Sen. Robert Menendez from 2006 to away Himmel to head its expand- ment chops. "We talk about client 2011. And in 2004, he donated $100 ing white-collar criminal practice. service all the time," Porrino says. to the campaign of then-Education More high-profile cases came: he "Just because the clients can't fire Commissioner , who and Himmel represented Monmouth you doesn't mean we're not going to lost in the GOP gubernatorial primary County real estate developer Solomon promote great client service." to Douglas Forrester. Dwek, who in 2009 pleaded guilty In fiscal year 2012, litigation by Porrino, 46, a Summit resident, to masterminding a $50 million bank the division recovered a record $29.9 graduated from Lehigh University fraud scheme. million for toxic-site cleanups. in 1989 and Seton Hall University With time, Porrino did an increasing Another record was broken under School of Law in 1992. amount of civil work, through which Porrino's watch last month, though He says he hasn't given much he was able to generate more business, not a positive one from the division's thought to future jobs, but returning to and ultimately became co-head of the perspective: The family of a severely private practice would be like "starting litigation department. beaten and disabled child won a $166 over." The "healthy" client base of days Porrino, as a Himmel disciple, "had million jury verdict in a civil suit past will be gone, says Porrino. ■ a blessed existence at Lowenstein" and against the Division of Youth and declined several opportunities to join Family Services, which had allowed the U.S. Attorney's Office, he says. the boy to stay with his abusive father. It was in private practice that Porrino got to know Christie by Porrino, as opposing counsel, became working directly on some of the familiar with many of Christie's governor's special projects, such as

Reprinted with permission from the January 13, 2014 edition of the NEW JERSEY LAW JOURNAL. © 2015 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877.257.3382, [email protected] or visit www.almreprints.com. #151-08-15-04