Martin Cabalar Email & Phone Number

1776 On The Green, 67 Park Place East, Suite 800, Morristown, New Jersey 07960

Practice Group: Community Association and LitigationThe attorneys in the Community Association Law Practice Group cover the entire spectrum of legal counseling of condominium, cooperative, time shares and homeowners associations in New Jersey and New York. I counsel my clients and help the Board and management prepare for and conduct meetings; answer questions about documents and the pertinent law; assist in enforcing the Governing Documents and; drafting and negotiating contracts for provision of services.I also representscommunity association clients, with a particular focus on the Hudson Waterfront/New Jersey Gold Coast area, in commercial litigation matters in state and federal courts, with an emphasis on complex construction and design defect claims. I help our clients through pre-transition negotiations with developers, civil lawsuits, mediations and arbitrations and I am an advocate for helping community associations faced with construction defects left behind by the developer and its subcontractors.I am a contributor to Becker & Poliakoff’s New Jersey Condo Blog, providing commentary and insight with respect to community association law, governance and construction litigation. (http://www.njcondoblog.blogspot.com/)

Essex County, New Jersey

Review motions and briefs, case law and statutory research of issues before the court. Drafting of memorandum of law with recommendations for Orders on the motions before the Court. Participate in, and assist with, court proceedings, conferences and judicial administration.

Legal research and preparation of motion briefs on behalf of plaintiffs in complex medical malpractice and personal injury litigation. Drafted a Petition to the Supreme Court of New Jersey in a medical malpractice matter involving informed consent, deviation from the requisite standard of care and resulting increased risks to the patient. Drafted and responded to discovery requests.

Legal research and drafting of memorandum of law in bankruptcy, commercial litigation and employment discrimination claims. Prepared appellate brief on behalf of entity claiming “Plan or Design” immunity pursuant to the Tort Claims Act. Drafted and revised petitions for bankruptcy, pleadings, notices to produce, and requests for interrogatories.

Researched the force majeure "act of God" defense requirements and drafted legal memoranda and responses to opposing counsel on the strict applicability of such an affirmative defense to liability. Drafted defense letters on behalf of Hanjin Shipping responding to allegations that Hanjin accepted preferential payments in violation of the United States Bankruptcy Code. Conducted legal research and wrote memoranda of law on the interpretation of contractual agreements, including but not limited to: force majeure, carrier/shipper liabilities, and governing law, jurisdiction, and arbitration clauses. Drafted various contractual clauses, including indemnity, security interest, and limited liability agreements. Conducted research and wrote memoranda on the applicability of the attorney-client privilege and attorney work product in the context of in-house counsel. Wrote correspondence outlining Hanjin's legal position in regards to demands for payment, requests for arbitration, and our legal tender of defense.

Preparation and drafting of briefs in support of motions for summary judgment as well as oppositions thereto.

Performed general office duties during the academic year to assist in financing education. Worked with most Microsoft Office applications including: Outlook, Excel, Access, and Word.

J.D., May 2011, Law

B.A, Political Science; Academics

Activities and Societies: Activities: Montclair State University BaseballGraduated May 2008 cum laude with a B.A. in Political Science.

Education record