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Jack Fersko
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As a leader of the firm’s real estate practice, Jack’s work reflects his extensive experience as a commercial real estate and general business lawyer, which has enabled him to develop a highly analytical perspective on transactions by pinpointing the significant business and legal issues that are critical to a client’s success.  His legal services emphasize industrial, commercial and retail real estate activities, with a particular concentration on the acquisition, disposition and leasing of industrial properties, development and redevelopment projects, financing, environmentally impacted transactions, landlord-tenant issues, and alternative energy initiatives.

Clients seeking representation in sophisticated transactions – such as large-scale acquisitions, specialized assets or highly technical facilities such as data centers, mixed-use multi-class developments, or deals requiring complex financing structures utilizing a layered capital stack – leverage Jack’s depth of knowledge and pragmatic approach to deal-making to realize both short-term goals and long-range business objectives. He is highly regarded, both in and beyond New Jersey, for his business insight and legal acumen by clients including real estate developers, real estate investment trusts (REITs), commercial and industrial property owners/operators, commercial tenants, hospitals and healthcare systems, and real estate entrepreneurs and investors.

Jack has notable expertise related to the impact of environmental laws on commercial real estate transactions and New Jersey’s transaction-triggered Industrial Site Recovery Act (ISRA), which requires owners and operators of certain industrial and commercial properties to investigate and clean up any environmental contamination prior to the sale or transfer of the property or cessation of business operations. His involvement in the acquisition and redevelopment of environmentally contaminated sites includes the successful negotiation of real estate agreements involving complex environmental transactional issues that impact both pre- and post-closing rights and obligations and related insurance agreements.  

Jack also counsels clients on transactional issues and funding options related to alternative energy and solar development and the impact of these initiatives on leases and other agreements, including the negotiation and drafting of Engineering, Procurement and Construction Agreements (EPCs), Power Purchase Agreements (PPAs), contracts, rooftop leases, easement agreements and access agreements.

Results may vary depending on your particular facts and legal circumstances.

Bar Admissions

  • New Jersey, 1979
  • U.S. Supreme Court, 1986
  • U.S. Court of Appeals, Third Circuit, 1995

Education

  • Ohio Northern University, J.D., 1978
  • Marietta College, B.A, 1975

  • NAIOP New Jersey; Board of Trustees (Former Member); Legal Action Committee; Energy & Sustainability Committee; Legislative Committee
  • New Jersey State Bar Association; Cannabis and Psychedelics Law Special Committee: Co-Chair, Corporate-Transactional Subcommittee; Corporate Sustainability, Cleantech, and Climate Change Special Committee
  • Jewish Bar Association of New Jersey
  • Community Builders Association of New Jersey (Former Director)
  • Profiled in "Meet the Lawyers" as one of New Jersey’s leading real estate lawyers by Real Estate New Jersey Magazine (2007, 2008)
  • Temple Sharey Tefilo-Israel, South Orange, NJ (Past President)
  • National Association of Office and Industrial Properties (NAIOP); Environmental and Infrastructure Committee (past Chair)
  • American Bar Association; Real Property, Trust and Estate Law Section, Council Member; RPTE Section Committee on Groups and Substantive Committees, Co-Chair; Special Investors and Investment Structure Group, Council Representative; Government Submissions Task Force, past Chair; RPTE Section Leasing Group, past Chair; Section of Environment, Energy and Resources
  • Industrial and Office Real Estate Brokers Association; Executive Committee

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