Experienced Business & Legal Advocacy You Can Trust
Mark A. Fantin provides comprehensive legal services for businesses and individuals, ranging from formation to complex litigation.
Montclair, New Jersey · Representing businesses across Essex County, New Jersey and the New York metro area
About Mark A. Fantin
Mark A. Fantin leverages over two decades of experience as a business counselor and trial attorney. Mark's practice focuses on business transactions and commercial litigation, including all aspects of commercial leasing, mergers and acquisitions, shareholder disputes, franchise and license agreements, employment law, and all other business related matters. Mark also serves as outside general counsel to a number of small to mid-sized businesses assisting them with their day-to-day needs. Mark graduated from Rutgers College and New York Law School, and he clerked for the Honorable Daniel P. Mecca, P.J.S.C.
Mark is admitted to practice in the states of New Jersey and New York; the United States Courts of Appeals for the 2nd, 3rd, and 4th Circuits; the District of New Jersey (D.N.J.), Southern District of New York (S.D.N.Y.), Eastern District of New York (E.D.N.Y.), and Northern District of New York (N.D.N.Y.); the United States Tax Court; the United States Court of International Trade; and the United States Supreme Court. Mark has also been appointed by the Supreme Court of New Jersey to serve on the District X Fee Arbitration Committee and has served on his local Zoning Board of Adjustment for 8 years.
Recent Legal Insights
Stay informed with the latest legal updates and insights from our practice
Last updated: September 5, 2026 at 7:13 PM
New Jersey Court Clarifies Scope of Financial Discovery in Business Disputes: Roman v. Del Valle
In Roman v. Del Valle, the Superior Court of New Jersey, Essex County, vacated a previously unopposed protective order and compelled defendants to produce business and financial records relevant to the plaintiff’s claims for unpaid compensation, “sweat equity,” and unjust enrichment. The court emphasized the liberal scope of discovery under New Jersey law and rejected generalized confidentiality and overbreadth objections, instead tailoring the production with temporal and confidentiality restrictions.
When Oral Royalty Agreements Collide with Business Ownership: Lessons from Evereklian v. Life Force Senior Care Corp.
A New Jersey court held that an oral agreement obligating a company buyer to pay perpetual royalties remains enforceable—even after years of nonpayment—unless a clear, mutual modification is proven. However, the statute of limitations sharply limits recovery of past-due royalties, and failure to document modifications can prove fatal.
New Jersey Court Clarifies Rooftop Access Rights in Long-Term Telecom Lease Dispute
In Ventnor on the Bay Condominium Assoc., Inc. v. LMRK PROPCO 3 LLC, the Complex Business Litigation Program of the Superior Court of New Jersey held that telecom tenants SBA and AT&T are entitled to unlimited rooftop access under a 1998 lease agreement, rejecting the condominium association’s attempts to limit access based on a later agreement. The court also dismissed claims under the Consumer Fraud Act and for duplicative declaratory relief, underscoring the importance of clear contract drafting and the limits of consumer protections in sophisticated commercial deals.
Oral Agreements, Unjust Enrichment, and Presale Funds: Key Takeaways from Smith v. Bodyworks Publishing LLC (CAM-L-1704-23)
In the unpublished August 2026 trial decision of Smith v. Bodyworks Publishing LLC, the Superior Court of New Jersey, Complex Business Litigation Program, rejected all of the plaintiff’s claims—including breach of contract and fraud—while awarding the defendants $10,000 for unjust enrichment. The court’s detailed analysis provides critical guidance on oral contracts, allocation of presale proceeds, and the limits of tort and equitable claims between business collaborators.
Need Legal Help?
Contact us today for a free consultation
Why work with Mark A. Fantin
Practice Areas
Comprehensive business and legal services across multiple practice areas, delivering expert representation tailored to your needs.
More Articles
Statutes of Limitations and Laches Bar Trustee’s Claims: Lessons from DuBell Lumber Co. v. DiMedio
In DuBell Lumber Co. v. DiMedio, et al., the New Jersey Superior Court (CBLP) granted summary judgment, dismissing all claims by the Chapter 7 Trustee against a former CEO and a related landholding entity. The court held that the statute of limitations was not tolled by the discovery rule and that the doctrine of laches barred claims for decades-old property transactions, where shareholders knowingly delayed legal action.
Statute of Limitations, Agency, and Successor Liability: Key Lessons from Maffei v. Apex Fund Services in New Jersey’s Complex Business Litigation Program
In Maffei v. Apex Fund Services, the Superior Court of New Jersey, Complex Business Litigation Program, granted summary judgment for Santander Bank on all claims, holding that the Uniform Commercial Code’s (UCC) Article 4 statute of limitations and reporting requirements barred plaintiffs’ claims. However, the court found genuine disputes of material fact concerning alter ego, agency, and successor liability among the Apex entities, allowing claims for RICO, securities fraud, and common law misrepresentation to proceed to trial.