Paul P. Josephson

In a landmark school funding deal, represented three public charter schools in brokering a long-stalled agreement to dedicate a portion of payments in lieu of taxes (PILOT) from two new Hoboken redevelopment projects to the city’s public charter schools and public school district. $500,000, escalating at least 2% annually, will be allocated among the four public schools according to share of student enrollment. Reversed the decisions of the state of California and the Los Angeles County Metropolitan Transportation Authority to strip the disadvantaged business enterprise (DBE) certification of Kal Krishnan Consulting Services Inc., an engineering and project management firm that has long been certified as a DBE that designs and manages public construction work in California and elsewhere. Successfully appealed the decertification, which threatened much of the client’s current and future public contracting business, to the United States Department of Transportation. Represented Illicit Gardens in its $34 million acquisition of a deeply troubled cannabis operator, Harmony Foundation of New Jersey, out of receivership and in its conversion to for-profit status, while also securing regulatory approvals that were conditions to closing. Harmony is one of New Jersey's original medical cannabis licensees with a highly valuable permit allowing ownership of three dispensaries; Illicit's acquisition followed a two-year, multiparty receivership action in the Bergen County Chancery Division imposed due to executive misconduct. Represented Lotus Infrastructure Partners (formerly Starwood Energy) in reaching a deal with New Jersey's last operating coal fired power plant's utility customer and state regulators, allowing Starwood to permanently retire the plant, an action welcomed by N.J. Governor Murphy and the national director of the Sierra Club as well as state environmentalists. Also advising Starwood on the reuse of the property for clean energy purposes including battery storage of wind and solar generated energy. Assisted a provider of paratransit services in obtaining relief from over $5 million in liquidated damages assessed by New Jersey Transit, in addition to recovering approximately $640,000 in extraordinary maintenance costs. Challenge to adverse NJ medical cannabis licensing decisions issued in October 2021 on behalf of Curio Holdings, a market leading medical cannabis company. Represented iAnthus Capital Holdings in obtaining approval from the New Jersey Cannabis Regulatory Commission for its purchase of MPX New Jersey, one of only 12 businesses approved to cultivate and sell medical cannabis in New Jersey. Represented Tesla in a suit brought by the New Jersey Coalition of Automotive Retailers against Tesla and New Jersey state officials where the plaintiffs alleged non-enforcement of the state’s motor vehicle laws and consumer fraud act in connection with Tesla’s direct-to-consumer sales model and its initial announcement of Model 3 pricing of $35,000 net of anticipated tax credits. In a rare move, the Appellate Division granted Tesla summary judgment in its favor on all allegations and dismissed the matter in its entirety before oral argument. Represented a major publicly traded multistate cannabis operator in defeating emergent relief and denying injunctive relief sought by a New Jersey cannabis licensee to prevent the MSO from completing construction of licensee’s cannabis cultivation facility and to stymie the MSO’s acquisition of the New Jersey medical cannabis license. Represented iAnthus Capital Holdings, Inc. which owns, operates, and partners with regulated cannabis operations across the United States, as US Counsel for a comprehensive strategic review process culminating in a Restructuring Support Agreement with 100% of its Secured Lenders and over 91% of the Unsecured Debentureholders to effect a proposed recapitalization transaction, as well as provide Interim Financing of $14 million. Represented iAnthus Capital Holdings, Inc. as U.S. counsel in connection with its all-stock merger with MPX Bioceutical Corp., offering equity consideration to MPX shareholders valued at $1.6 billion, representing the first “public to public” merger in U.S. cannabis history. Represented iAnthus Capital Holdings, Inc. (CSE: IAN; OTCQX: ITHUF) in its acquisition of CBD For Life, a top-ranked producer of innovative CBD-infused wellness, self-care, and beauty products. Represented Green Thumb Industries as lead counsel in a broken lease dispute arising out of termination of lease after $5 million expended to fit out site due to landlord defaults. Led application, siting and regulatory efforts for Green Thumb’s two cultivation and three retail facilities. Served as transaction counsel to the concessionaire in the historic Pennsylvania Rapid Bridge Replacement Public-Private Partnership, which entails nearly $1 billion in financing, the rebuilding of almost 600 structurally deficient, non-tolled bridges throughout the Commonwealth, and the operation and maintenance of those bridges for 25 years over the course of repayment. Represent leading companies providing public safety and IT services to state and local governments on contract awards and bid protests. Appealed and defended appeals of dozens of public contract awards and controversies, including In re: On-Line Games, 279 N.J. Super. 566 (1995) overturning on appeal award of lottery services contract. Appealed and defended appeals of dozens of election and campaign finance controversies, including N.J. Democratic Party v. Samson, 175 N.J. 172 (2002) (right of party to replace Senate candidate after statutory deadline); and Lesniak v. Budzash,133 N.J. 1 (1993) (right of party members to nominate candidates for office). Defended numerous charter schools against appeals of charter approvals, renewals and amendments. Advises applicants for medical cannabis licensure and advocacy groups supporting reform of cannabis laws. Represented Xerox State Health Care Services, LLC in securing a final Administrative Determination and Order from the New Jersey Government Records Counsel protecting sensitive business information from public disclosure. Represented operator of affordable housing developments and nursing homes in obtaining a $4,101,250 Grow NJ Award to construct a new office building in Brick, NJ. Secured $44 million N.J. Urban Transit Hub tax credit for major news publication’s priority facilities. In re: Prudential Financial Transit Hub Tax Credit: Successfully challenged $250 million tax credit award to Prudential to build new world headquarters in Newark on behalf of Prudential's current landlords; secured $40 million reduction in award. Brought land use, redevelopment and other challenges to Prudential project. New Jersey Turnpike/Parkway Merger: Conceived, developed and led historic merger of New Jersey's toll roads. New Jersey Electronic Tolling Project: Assumed responsibility for failed electronic tolling project; replaced key vendors and oversaw successful transition and repair of system. Sandy Hook Privatization Effort: Stopped proposed private redevelopment of U.S. Park Service facilities at Sandy Hook/Gateway National Recreation Area through litigation and media efforts. Edwards v. NJ Casino Control Commission: Defended Commission and its Chair in novel wrongful termination/whistleblower/civil rights suit brought by former Tropicana director of surveillance against CCC and its Chair for terminating Director during State conservatorship of property. Case dismissed on summary judgment within 6 months of assuming defense from AG's Office; presently on appeal. New Jersey Urban Transit Hub Tax Credits: Secured first-ever Transit Hub tax credit from NJEDA for expansion of industrial facilities in Jersey City, New Jersey. Quadrupled value of credit offered by the State, and developed key policies and document templates for future credit awards. Advised numerous developers, financial institutions and tenants on the availability and applications for these and other tax credits. Mercer County (NJ) Community College Solar Project: Defended 45 acre, 8mw project to power college against land use challenges; secured ruling that project was immune from local land use regulation due to county sponsorship. New Jersey Interoperable Communications System/Broadband System: Worked with state and local officials on behalf of Motorola Solutions to launch and implement first statewide police/fire radio communications system and broadband data system. Atlantic City Tourism Master Plan: Secured $1 million contract to develop new master plan for State-run tourism district in Atlantic City; developed plan with design professionals and secured approval of plan within 3 months. In re: Rumana: Secured dismissal of ethics charges against NJ Assemblyman Scott Rumana concerning his efforts to develop municipal solar project for Wayne Township, NJ. 2007 NJ Lottery Procurement: Protested 2005 NJ award of lottery services contract to GTECH on behalf of Scientific Games. Represented Intralot in rebid of contract. NJ General Counsel, Obama for America: Senior legal representative of President Obama's 2008 campaign in New Jersey. General and Special Counsel, NJ Democratic State Committee: Represent state party in wide variety of legal matters. Counsel/General Counsel to numerous statewide campaigns in NJ, including Gov. Corzine, Sen. Lautenberg, Sen. Torricelli, Gov. McGreevey, as well as numerous House, state legislative and local races throughout NJ. Outside Compliance Counsel, Scientific Games: Principal outside attorney advising Scientific Games board and compliance committee concerning compliance, probity, ethics and licensing matters; conducted internal investigations. NJ Transit Major Real Estate Acquisitions and Cost Recovery Matters: Represented NJ Transit in cost recovery actions against Conrail and other predecessors in interest. Responsible attorney for major proposed acquisition of 120-acre contaminated site in Kearny, NJ for a new rail yard, and originating attorney for substantial condemnation matters.