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Charles X. Gormally | Brach Eichler Charles X. Gormally, Member 973.403.3111 · 973.618.5511 Fax · [email protected] Practice Areas Bar and Court Admissions Education Cannabis Industry New Jersey Seton Hall University School Criminal Defense and New York of Law, J.D. Government Investigations U.S. Court of Appeals, Third University of Scranton, B.S. Labor and Employment Circuit Litigation U.S. District Court, District of New Jersey U.S. Court of Appeals, Second Circuit Colorado Co-Chair, Cannabis Industry Charles Gormally offers a proficiency in counseling clients with complex business matters, challenges to governmental regulation, contract disputes, and tort actions. Designated a Certified Civil Trial Attorney by the New Jersey Supreme Court, a distinction reserved for less than 2% of attorneys, Charles has successfully tried jury and bench trial cases in the Federal and state courts, as well as arbitration matters. Charles is a State of New Jersey certified mediator and formerly an elected official in Mountain Lakes. As the senior trial counsel for the Firm, Charles regularly engages in trials in both New Jersey and New York on behalf of both plaintiffs and defendants. His most recent trial results included a verdict on behalf of a seriously injured worker leading to a recovery of $6 million and a verdict of $2.9 million in a business dispute on behalf of an insurance broker. A strong advocate for the expansion of medical cannabis programs and the creation of a regulated cannabis marketplace in New Jersey, Charles has been widely quoted in the press on the challenges and opportunities for potential industry participants and the current legislative landscape. In public sector matters, Charles has a demonstrated record of success in prosecuting constitutional challenges to legislation and governmental overreach on behalf of affected clients. For example, he compelled municipalities to alter their practices in connection with the collection of solid waste and recyclable materials. This action resulted in millions of dollars of cost savings to the clients and ultimately led to the adoption of state legislation to provide comparable municipal services to all multifamily properties. In addition, Charles has prevailed in actions overturning the exercise of overreaching municipal police power in matters including the improper regulation of video arcades, illegal public initiatives to modify rent control ordinances, and attempts to overcharge for housing inspections. General Counsel to the Firm, Charles has been peer review rated as AV Preeminent, the highest rating for professional excellence by Martindale-Hubbell. He has been consistently selected over the years by his peers to The Best Lawyers in America© and to New Jersey Super Lawyers. In addition, he was recognized as a Top Legal Leader for New York and New Jersey by ALM. Charles is also an instructor with the Institute of Continuing Legal Education. Charles served for many years as a member of Brach Eichler’s Executive Committee. Notable Matters Alpizar-Fallas v. Favero, 908 F.3d 910 (3d Cir. 2018) Selective Insurance v. Hudson East, 416 NJ Super 418 (A.D. 2010) Affirmed 210 NJ 597(2012) Amy Ryan v. Gina DeNardo 420 NJ Super 215 (A.D. 2011) Hodges v. Sasil Corporation, 189 N.J. 210 (2007) Endo Surgicenter v. Liberty Mutual Insurance Co., 391 N.J. Super. 588; (App. Div. 2007) Salem Management v. Township of Lopatcong, 387 N.J. Super. 573 (App. Div. 2006) Commonwealth Land Title Ins. Co. v. Kurnos, 340 N.J. Super. 25 (App. Div., 2001) Medford v. Duggan, 323 N.J. Super. 127 (App. Div. 1999) United States v Ernstoff, 183 F.R.D. 148 (D.C. N.J. 1998) Besicorp Group v. Enowitz, 235 A.D.2d 761 (N.Y. App. Div. , 1997) Ohio Cas. Group of Ins. Cos. v. Professional Ins. Mgmt., 130 F.3d 1122 (3rd Cir. 1997) New Jersey Apt. Ass’n v. Director, Div. of Local Gov’t Servs., 304 N.J. Super. 445 (App. Div. 1997) WHS Realty Co. v. Town of Morristown, 146 N.J. 627 (1996) Pazienza v. St. Barnabas Medical Ctr., 921 F. Supp. 1274 (U.S. Dist., 1995) Doherty v. Teamsters Pension Trust Fund, 16 F.3d 1386 (3rd Cir. 1994) Lombardo v. Hoag, 269 N.J. Super. 36 (App. Div. 1993) cert. denied 135 N.J. 469 (1994) Property Owners & Managers Ass’n v. Parsippany-Troy Hills, 264 N.J. Super. 538 (App. Div. 1993) 399 Lincoln Assoc. v. Orange Township, 244 N.J. Super. 238 (App. Div. 1990) Additional recent private sector successes include: Successful resolution of a class action claim in the Superior Court of New Jersey, Middlesex County, against a high-profile multifamily property owner brought by current and former tenants alleging consumer fraud, breach of contract, and entitlement to punitive damages Obtained injunctive relief on behalf of a statewide group of specialty physicians resulting in a successful defense of a claim for recovery of $20 million asserted against them by a large managed care company Represented statewide association of multifamily property owners before the New Jersey Supreme Court Successfully defended a claim asserted by the United States that a large apartment owner had engaged in a pattern and practice of violating the Fair Housing Act. A trial in the federal district court resulted in a complete vindication of the client’s position Favorable jury verdict on behalf of a large distributor charged with unfair competition, breach of contract, and RICO violations asserted by a competitive firm Multi-million-dollar settlement of a disputed stock option and disability claim asserted by a chief financial officer of a publicly traded company Successful defense of claims for injunctive relief on behalf of a physician/shareholder arising from violation of a post-employment restrictive covenant in a large urban medical practice Successful prosecution of claim for injunctive relief against a terminated employee of a temporary accounting services firm from engaging in similar business within a protected area Complete vindication of a regional hospital system in a claim asserting misappropriation of trade secret and confidential information asserted in federal district court action Professional Activities Member, American Bar Association Member, New Jersey State Bar Association Insights News - September 24, 2021 Cannabis Co-Chair and Member Charles X. Gormally, Discusses the 420NJEvents Expungement Clinic in Newark on NJ.com Press Releases - September 9, 2021 Legal, Social and Racial Justice Organizations To Host Free Marijuana Expungement Clinic at Hilton Hotel News - September 2, 2021 Charles X. Gormally Predicts More Municipalities Will Opt In to Cannabis Now That New Regulations Are in Place in the New Jersey Law Journal News - August 20, 2021 Cannabis Co-Chair Charles Gormally Opines on the Cannabis Regulatory Commission First Round of Government Regulations in ROI-NJ Press Releases - August 19, 2021 Seventeen Brach Eichler Attorneys Included in The Best Lawyers in America© 2022 Six Brach Eichler Attorneys Included in “Ones to Watch” – Two New to the List! Newsletters - July 29, 2021 Brach Eichler’s Quarterly Advisor – Summer 2021 News - July 28, 2021 Managing Member John D. Fanburg and Member Charles X. Gormally Named to NJBIZ’ 2021 Law Power 50 List News - July 15, 2021 Cannabis Co-Chair Charles Gormally Comments on NJ Supreme Court Expunging Cannabis Convictions in New Jersey Law Journal News - July 9, 2021 Charles X. Gormally on the Effect Recreational Cannabis Will Have on the Medical Cannabis Market in the New Jersey Law Journal Articles - July 8, 2021 Cannabis Co-Chair Charles Gormally Advises New Jersey Cannabis Entrepreneurs how to Overcome Obstacles in Commerce Magazine News - June 3, 2021 Charles Gormally Comments on the Tight Deadline NJ Towns Face on Banning Cannabis on NJ.com News - May 18, 2021 Members Alan Hammer and Charles Gormally Critique How NJ’s Coronavirus Eviction Moratorium Has Hammered Landlords in NJ.com Newsletters - May 12, 2021 Brach Eichler’s Quarterly Advisor – Spring 2021 Events - April 8, 2021 Webinar: Cannabis in the New Jersey Workplace…What You Need to Know On-demand News - April 5, 2021 Cannabis Co-Chair Charles Gormally Stresses NY’s Challenge to Squash the Cannabis Black Market on Forbes.com News - April 5, 2021 Cannabis Co-Chair Charles Gormally Highlights NY’s Commitment and Speed to Passing Cannabis Legislation in MarketWatch News - April 5, 2021 Cannabis Co-Chair Charles Gormally Expresses Concerns Over High Entry Barriers to the Cannabis Industry in Marijuana Business Daily News - March 3, 2021 Fanburg and Gormally in nj.com on NJ’s New Cannabis Bill News - February 24, 2021 Fanburg and Gormally Comment in New Jersey Law Journal Following Cannabis Bill Passage News - February 1, 2021 Gormally in Montclair Local on Rent Control Matter Articles - January 15, 2021 Fanburg and Gormally in the New Jersey Law Journal on Cannabis Social Justice Reform News - January 12, 2021 Gormally in Forbes on Federal Cannabis Reform News - December 17, 2020 Gormally Quoted in Politico.com on Problematic Cannabis Grow Laws News - December 11, 2020 Brach Eichler Cannabis Poll Findings Referenced on nj.com News - December 9, 2020 Gormally’s Representation of the Montclair Property Owners Association Covered in Local Publication News - November 30, 2020 Business Insider: Fanburg and Gormally Among Top Cannabis Power Players in NJ News - November 30, 2020 Gormally Interviewed by FOX NewsNow on NJ Cannabis Debut News - November 18, 2020 Gormally in The Wall Street Journal on Potential Cannabis Market Participants News - November 5, 2020 Gormally Comments in Law360 on Regional Effects of Positive NJ Cannabis Vote News - November 3, 2020 If N.J. voters legalize weed, it’ll be at least a year until it’s available to buy, industry experts say Events - October 26, 2020 Webinar: Countdown to Legalization October 27, 2020 @ 1:00 p.m. News - October 25, 2020 NJ voters want low-level marijuana crimes cleared, poll finds News - October 22, 2020 Latest Brach Eichler Cannabis Poll Results Covered Widely in the Press News - October 21, 2020 Poll: Majority in New Jersey supports pardons for even the most serious marijuana offenses Press Releases - October 21, 2020 New Brach Eichler Poll: New Jersey Voters Want Gov.
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