This information is as of July 2012. For the most up-to-date list of experience or to suggest additions to this list, contact the Marketing Department.
IMPORTANT - Client and lawyer attributions are for internal use only.
Education
SEE ALSO – April 2014 pitch to Montclair State University Foundation – Well rounded description of subject matter expertise.
Lawyers
Arbeeny, Michele
Bitar, John
Cagney, Bill
Coscia, Tony
Damato, Charles
Daus, Matt (Board of Brooklyn Dreams Charter School)
Destito, Sam
Finch, Katy
Gilbert, Mitch
Kicenuik, Maryann
Liebling, Charles
Margiano, Jeanine
Martin, Taila
Mercurio, Bob
Moriarty, Mike (Chairman of the United States Military Academy Nominating Committee for the Second Congressional District in New York)
Shea, Ed
Simon, Howard
Walsh, Gary
What about those on faculty or boards of institutions?
Daus, Matt (Board of Brooklyn Dreams Charter School)
Moriarty, Mike (Chairman of the United States Military Academy Nominating Committee for the Second Congressional District in New York)
Rossi, Rob (board of not-for-profit organizations including serving as Chairperson of the Directory of Archbishop Molloy H.S. a Marist Brothers High School located in Briarwood, New York)
Walsh, Gary – Board of Felician College
Memberships
National Association of College and University Attorneys (NACUA)
(no) Association of Governing Boards for Universities and Colleges (AGB)
INTERNAL USE ONLY: Representative Clients (Past and Present)
American Institute of Physics (Edward Nolan, 103305, scientific research and publishing)
The Brothers of the Christian School (Michael Moriarty, 300697, Christian-based teachers and operators of academic institutions, all levels)
Bronx Charter School for Children (Howard Lakind, 303378, primary)
Canterbury School Inc. (David Cook, 207575)
The College of New Jersey (Tony Coscia, secondary)
Complete Teacher Academy LLC (David Swerdlow, 8132, computer-based system for delivering training in the praxis of teaching.)
Concordia Learning Center at St. Joseph's School for the Blind (Maryann Kicenuik, 304196, 303626, serving students from birth through 21 years of age who are blind or partially sighted and may have other disabiltiies)
Cornell University (Robert Taisey, 1991, secondary)
De La Salle Christian Brothers (Mike Moriarty, Christian-based teachers and operators of academic institutions, all levels)
Fashion Institute of Technology (Mitch Gilbert, Bob Mercurio, Tony Coscia 305191, secondary, technical)
Felician College (Tony Coscia, Gary Walsh 101248, secondary)
Forest Hills Montessori School Inc. (Charles Damato, 893139, primary, Preschool, Pre K, Nursery through 6th grade)
French Institute / Alliance Française (FIAF) (Michele Arbeeny via TDBank bond matter, education and the arts that explore the evolving diversity and richness of French cultures)
Georgetown University (Tony Coscia)
Hagedorn Little Village School (Michele Arbeeny for TDBank, primary school)
Hempstead Union Free School District (Charles Simpson, 301577, a Long Island Model suburban-urban culturally diverse public school system)
The Hudson School (William Cagney, 300905, grades 5-12)
Ilan High School (Charles Fisher, 304016, primary and college prep with Hebrew focus)
Katherine Gibbs School, Inc. (Feldschreiber, 206538)
The Lawrenceville School (Julie Tattoni, formerly Tom Weidner, 1932 and John Driscoll, 305205)
The Lowell School, Inc. (Robert Mercurio, 205345, New York primary school)
Lycee Francais de New York (Michele Arbeeny, independent coeducational school in Manhattan offering French-language education based on the French curriculum, from early childhood through high school)
The Masters School (Michele Arbeeny for TDBank, New York primary day and boarding school)
McMaster University (Charles Herterich, 1978)
Michigan State University (Jolly, 1993)
Minnesota School Board Insurance (Firm Lane, 206268)
Montclair State University (Tony Coscia, secondary, NJ’s only public teaching university)
Mount St. Mary Academy (Bill Cagney, Catholic school for women in grades 9 through 12)
National Academy Foundation (Robert Mercurio, 205680, college prep and mentoring)
New Jersey Institute of Technology (Anthony Coscia, 305276, secondary, NJ’s science and technology university)
The New School for Social Research (William Cagney, 205661, secondary)
New York Military Academy (William Cagney, 205082, college prep military boarding and day school for grades 7-12)
New York University (Charles Damato, secondary)
Nyack College (Ed Shea, secondary, evangelical, liberal arts college)
Princeton Academy of Sacred Heart (Timothy O'Neill, 7829)
Princeton University (Tony Coscia, secondary)
The Princeton Day School (Thomas Weidner, 302692, pre-K through 12)
RaeAnne School (Robert Mercurio, 303463, dance school?)
Rider University (Sam Destito, secondary)
Russell Academy Inc. (Charles Simpson, 101551, unknown)
The Spring School (Robert Taisey, 150235)
Stevens Institute of Technology (Anthony Coscia, 101700, secondary, technical)
St. Peter’s University (secondary)
St. John's University (Michael Moriarty, secondary)
Stuart Country Day School (Timothy O'Neill, 3093)
Touro Medical School (Ross Levin, 302453)
University of Bridgeport (Paul Windels, 1999)
University of Kansas (Woody, 1990)
University of Kentucky (William Cagney, secondary)
University of Missouri (Sam Destito, secondary)
University of South Carolina (Woody, 1992)
University of Vermont (Robert Taisey, 1982)
University of Virginia (Woody, 1992)
University Transportation Research Center at the City University of New York (Matt Daus, secondary)
Victory Schools (Charles Hamilton, 305412, charter school development)
Waldorf School of Princeton (Ross Lewin, 7057)
WICAT Education Institute (Edward Beimfohr, 203523)
William Paterson University (Sam Destito, secondary)
Overview
Windels Marx has a long history of providing a full complement of legal counsel to educational institutions. Our services incorporate the areas of general corporate, real estate and finance, and litigation matters, which incorporate the following practice areas:
General Corporate
Employment & Employee Benefits
Litigation & Alternative Dispute Resolution – including Commercial, Employment
Public Finance & Not-for-Profit
Real Estate – including Finance, Development & Land Use, Redevelopment
RE Tax Certiorari / Tax Appeals
Technology & Intellectual Property
Our understanding of the education industry, combined with our practice depth and geographic footprint, is the bedrock of personalized, expedited and creative solutions that we develop for educational interests throughout the Northeast United States.
We are pleased to name among our representative clients an impressive roster of public and private education interests, including:
Universities and colleges,
Academic medical centers,
Religious institutions,
Cultural institutions,
Trade schools,
Lenders to the education industry,
(no) Online education providers,
(no) Associations of education institutions and of education officials,
(no) Research institutes,
(no, Sam / Chuck bus litigation?) Public school districts,
Foundations that support education,
Independent elementary and secondary schools,
Education companies and investors in education enterprises and businesses,
Sponsors of public-private partnerships in the education industry.
Representative Experience
General Corporate
Represented a prestigious, private secondary school as its principal outside counsel in a variety of matters.
(Mike Moriarty, De La Salle Christian Brothers) Represented a community of religious men that operates a network of schools throughout the United States in connection with a variety of corporate projects, including:
o the establishment of new schools;
o various real estate matters, including sales and disposition of properties; and
o represented a variety of schools sponsored by them in connection with general corporate real estate and litigation projects.
· (Bill Cagney, Mount St. Mary Academy) Represented a religious academic institution on employment issues work and also served as chair to its board.
· (Chris Dean) Represented a large university in the formation of numerous start-up entities to commercialize intellectual property and provided counsel with respect to limited liability company agreements, employee benefit plans, employment agreements and intellectual property licensing.
(Environmental web description, Stevens Institute) Representing a higher education institution in the development of a solar energy generation system to augment its campus cogeneration plant.
· (Tax Cert, Damato, Simon, Finch) Represented a prominent university with significant holdings across New York City in achieving an assessment reduction of more than $7 million and a tax refund of more than $750,000.
Real Estate & Finance
(from Public Finance practice description, NBO Doc # 40168047) We have represented issuers in connection with financings for private, not-for-profit institutions, and public state and county colleges. Our attorneys have also been involved in major construction and renovation project financings, as well as refinancings. In addition, our attorneys have represented issuers in connection with composite, pool financings for its programs relating to equipment leases and other higher education facility loans.
(old real estate web description) Represented an institute of higher education in obtaining approvals for a major academic building and parking garage that required more than 15 use and bulk variances, met with significant public opposition and defended the project successfully in challenges to the appellate level.
(Chuck Liebling, DEVCO) Served as real estate counsel to not-for-profit developer in the $57 million sale of a 186-unit apartment-style residence building for Rutgers University students, commonly known as Rockoff Hall in downtown New Brunswick, NJ.
(Kevin McNamara, Jeanine Margiano, Julian Buchbinder, Debbie Bindler and Alan Stauber represented PNC Bank) Represented the lender and agent, in connection with a $45.55 million syndicated credit facility made to a joint venture consisting of a significant real estate developer, MCR Development LLC and certain joint ventures formed by the Harvard University endowment fund. The proceeds of the facility were used by the developer to acquire three Marriott hotel properties and one Hilton hotel property located in Maryland.
(Michele Arbeeny, Taila Martin for TDBank for The Masters School) Represented the financial institution in connection with its direct purchase of tax-exempt revenue bonds issued by city development agency, the proceeds of which were loaned to a 5th-12th grade co-ed day and boarding school for defeasance of existing bonds, construction of a new athletic facility and renovation of classrooms.
(Michele Arbeeny, Gary Walsh, Jeanine Margiano for Lycee Francais, for TD Bank and Israel Discount Bank, value $81,650,000) An international school in connection with the direct purchase by two lenders of Build NYC Resource Corporation Refunding Revenue Bonds, which were issued to fund the refinancing of existing tax-exempt bonds.
(Michele Arbeeny, Taila Martin for TD Bank and Hagedorn Little Village School, value $3,800,000) The financial institution in their direct purchase of Nassau County Local Economic Assistance Corporation Revenue Bonds issued to fund the construction of an addition to an existing school and the renovation of classroom space.
(Michele Arbeeny for TDBank) Represented a nationally-recognized bank in their multi-faceted financing role for Teachers Village (Newark, NJ), a complex, qualified school construction bonds and new markets tax credit transaction, including representing the bank as bond purchaser, bridge lender, escrow agent and administrative agent.
(Client is Trinity Episcopal School, Bank is First Republic Bank - Michele Arbeeny, Gary Walsh and Asim Grabowski-Shaikh) Represented a prestigious New York City private school in connection with its tax exempt loan through a refunding note made available by Build NYC Resource Corporation, the proceeds of which were provided to it by a leading bank and used by the school to defease previously existing tax exempt debt. The representation also included a non-revolving line of credit provided by bank.
Represented the New Jersey Educational Facilities Authority, a public agency, on behalf of various educational interests as bond counsel.
o Revenue Refunding Bonds, Felician College Issue, 2006 Series I, $11.445 billion.
o Revenue Bonds, Rider University Issue, 2012 Series A, $52 million.
o Revenue Bonds, William Paterson University of New Jersey, $88.67 million.
Represented an issuing bank, in connection with the issuance of two irrevocable direct-pay letters of credit in the amount of $34 million and $18.5 million for the account of a large educational institution, the proceeds of which were used to refund prior bonds issued by the Dormitory Authority of the State of New York.
Represented a major financial institution, in a $28 million tax-exempt bond financing through the New Jersey Economic Development Authority with respect to a yeshiva in Lakewood, New Jersey.
(The College of New Jersey, Charles Liebling et al) Represented a public institution of higher education in more than three years of planning and negotiations, which included the ground lease of 13 acres of its campus for development of Campus Town. Our responsibilities included significant interaction with State entities charged with oversight of the process, including the State House Commission with respect to the disposition of State-owned land, as well as intensive lease negotiations with the master developer. Upon completion, the 7-building, $80 million project will incorporate 78,000 sf of ground-level commercial space and 134 student apartments. The development of the project was made possible through provisions in the New Jersey Economic Stimulus Act of 2009, which allows public colleges to partner with private developers to build and operate campus facilities.
Litigation
(FIT pitch) Represented the President, General Counsel and Board of Directors of a higher education institution in an internal investigation pertaining to fiduciary and development issues, as well as alleged leaks of confidential information.
(FIT pitch) Represented a New Jersey university in matters that utilize procedures that are comparable to Article 78 in New York, including matters pertaining to:
o Tuition assistance funding;
o Regulatory audits, contests and proceedings;
o Defensive litigation against a state agency;
o Affirmative and defensive litigation against the State Attorney General on substantial financial issues implicating state education and not-for-profit law; and
o Federal tax and benefits law and corporate governance issues.
· (Fashion Institute of Technology, Bob Mercurio, Mitch Gilbert, Delton Vandever, Julianne Befeler) Successfully represented the interests of a secondary technical school as amicus curiae in an appeal before the Appellate Division, Second Department. Our brief was instrumental in causing the Appellate Division to modify a Supreme Court decision that had been used by Nassau and Suffolk Counties to justify the non-payment of over $10 million in “chargebacks” to our client and that would have had far wider ramifications for our client and its students going forward.
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