PROFESSIONAL EXPERIENCE

• 7/2009 to present:  
  Gordon & Gordon, P.C.
  Of Counsel, serving as Special Counsel to the Attorney General of the State of New Jersey, in the prosecution of the Passaic River case.
   
• 2004 to 6/2009
  Nagel Rice, LLP
  Of Counsel, served as Special Counsel to the Attorney General of the State of New Jersey in NRD cases; complex civil litigation.
   
• 1977 to 2008
  Greenstone & Greenstone, P.A.
  Partner since 1981. Engaged in complex civil litigation, in the areas of environmental law, products liability, commodities and securities regulation, workers’ compensation and medical malpractice.
   

SELECTED CASES:

Allen v. United States Radium Corporation, Dkt. No. L-13851-84, Superior Court of NewJersey, Law Division - Essex County.
Served as lead counsel representing some 300 residents of Essex County, exposed to radioactive materials disposed of between 1917 and 1926 in areas upon which their homes were subsequently built. Case settled for $4.2 million, with successor corporation of USR, a consortium of insurance companies, the State of New Jersey and the United States Army Corps of Engineers
Since there were no living witnesses to the disposal operations, it was necessary to rely upon forensic evidence to establish that the contamination was man-made, and was consistent with the manufacturing operations employed by the defendant. A database was developed from thousands of pages of EPA reports to relate aboveground radiation levels, indoor radon and gamma radiation readings and core samples with each particular residence.

In order to identify the source of the contamination (which the EPA and DEP were unwilling to do since enforcement action would delay efforts to remediate the sites) plaintiffs were required to conduct an extensive investigation of historic public and private records to establish the causal link between the operations of USR and the radium contamination in the residential neighborhoods. Utilizing mining and transportation records, plaintiffs were able to trace the movement of carnotite ore from Colorado to Orange, New Jersey, where it was processed into radium utilized in the manufacture of luminous paint to make watch dials and military instrumentation glow in the dark. Technical articles and historic records were utilized to match the hazardous substances materials found in the residential neighborhoods with the expected waste products generated during the radium processing operation to establish the liability of the defendants..

New Jersey Department of Environmental Protection v. ExxonMobil Corporation, 393 N.J.Super. 388 (App. Div. 2007). Established that the State of New Jersey was entitled to seek compensation from polluters under the New Jersey Spill Compensation Control Act for the loss of use of natural resources damaged or destroyed by the discharge of hazardous substances.

New Jersey Department of Environmental Protection v. ExxonMobil Corporation, 2006 WL 1477161 (2006). Established at the trial level that dischargers under the New Jersey Spill Compensation and Control Act are strictly liable for the restoration of natural resources damaged or destroyed by the discharge of hazardous substances.

Staub v. Eastman Kodak Co., 320 N.J. Super. 34 (App. Div. 1999) Established that in New Jersey, the statute of limitations for an individual’s claim is tolled during the pendency of a class action, even though the class is eventually not certified.

Kerr v. Able Sanitary & Environmental Services, 295 N.J. Super. 147 (App. Div. 1996).  Protected the right of an attorney not to be subject to subpoena by opposing counsel.

Alken v. Lerner, 485 F.Supp. 871 (D.C.N.J. 1980)  Established that an implied private right of action existed under the Commodity Exchange Act for defrauded investors.

OTHER EMPLOYMENT:

• 1978-1980
  Fairleigh Dickinson University
  Adjunct Professor, School of Business
   
• 1974-1977
  Commerce Clearing House
  Law Editor, responsible for designing and initiating a new law reporter on the regulation of the commodity futures markets. Also edited securities and bankruptcy law reporters.
   
• 1970-1972
  Newark Star-Ledger
  Reporter, covered the United States District Court for the District of New Jersey and the United States Attorney Office during federal task force prosecution of organized crime figures; also covered politics, including the Newark mayoral election of 1970.

SELECTED PUBLICATIONS:

• The CFTC and Government Reorganization: Preserving Regulatory Independence, 33 Bus.L. 163
  (1977).
• Leverage Transactions: On Creating a Regulatory Theme, 37 Emory Law Journal 909 (1978)
• The Foreign Commodity Trader: A Regulatory Dilemma, 30 Adm. L. Rev. 535 (1978)
• The Coffee Cartel: Manipulation in the Public Interest, 1 The Journal of Futures Markets 3 (1981)
• Radium: The Endless Legacy, National Trial Lawyer, October 1990, p. 81.
• The Alchemy of Litigation Support in the Complex Case, National Trial Lawyer, November 1991,p. 44.
• Junk Science, Junk Justice, ATLA Law Reporter, September 1993.
• Court Imposes Retroactive Liability on ExxonMobil for Natural Resource Damages, New Jersey Law Journal, 2/23/09

Bar Admissions

• State of New Jersey
• State of New York
• United States District Court for the District of New Jersey
• United States District Court for the Southern District of New York
• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Third Circuit

Education

• B.A. Amherst College, cum laude, 1969
• J.D. Rutgers School of Law, 1974

Community Service

• 1981- present Montclair Hawk Watch, volunteer participating in monitoring the migration of raptors and teaching school classes, scout groups and other visitors about birds of prey.
• 1991 - present New Jersey Audubon Society, Board of Directors. (Chair, 2002 – January 2006); Chair of the Committee on Conservation, Research and Stewardship (1992 - present)
• 1990 - present Cranford Committee on Airplane Noise
• 2008 - present Hawk Migration Association of North America, Board of Directors