About Mark 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
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Last updated: June 1, 2026 at 3:38 PM
Direct Claims Against Reinsurers and Discovery Sanctions: Key Lessons from Austin v. Kinzel in New Jersey’s Complex Business Litigation Program
In Carl Austin, Jr., et al. v. Philip Kinzel, et al. (MRS-L-281-20), the Superior Court of New Jersey, Complex Business Litigation Program, addressed whether plaintiffs could assert direct claims against reinsurers and whether severe discovery sanctions—including striking pleadings—were warranted. The court vacated the appointment of the Special Discovery Adjudicator, reinstated the Insurance Defendants’ pleadings, and granted summary judgment for the reinsurers, finding no basis for direct liability or discovery sanctions.
Substantial Completion and Lease Commencement: Lessons from McClellan One Owner, LLC v. Barsan Global Logistics, Inc.
In a recent Complex Business Litigation Program decision, the Superior Court of New Jersey clarified how "substantial completion" and lease commencement are determined under a commercial lease that ties these events to the issuance of a certificate of occupancy. The court held that the landlord’s receipt of a Temporary Certificate of Occupancy (TCO) triggered the lease’s commencement date as a matter of law, despite the tenant’s objections regarding electrical capacity and transformer adequacy.
New Jersey Court Clarifies Valuation of Option Agreements: Lease Encumbrances Must Be Included
In Blinds To Go (U.S.), Inc. v. Lakewood Development Co., the Superior Court of New Jersey’s Complex Business Litigation Program held that, under an option agreement to purchase real property, the fair market value must account for the impact of an existing ground lease unless the contract expressly provides otherwise. The court denied the landlord's motion for reconsideration and ordered specific performance at the appraised value, emphasizing that unambiguous contract terms and established law require the inclusion of lease encumbrances in such valuations.
Fifth Amendment Privilege, Adverse Inferences, and Evidence Exclusion in New Jersey Business Disputes: Lessons from Shah v. Shroff
In Shah v. Shroff, the Superior Court of New Jersey, Complex Business Litigation Program, clarified the limits on introducing evidence of a party’s assertion of Fifth Amendment rights and prior criminal conduct in civil business litigation. The court denied a new trial, holding that exclusion of such evidence—where it would only serve to create prejudice or innuendo—was proper, and that no miscarriage of justice occurred.
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More Articles
New Jersey Court Enforces Strict Contract Language: Partial Deposit Return Not Permitted Absent Explicit Provision
In 145 B.A. Realty, LLC v. RLF Acquisitions, LLC, the Superior Court of New Jersey’s Complex Business Litigation Program denied a purchaser’s motion for partial return of a real estate deposit. The court found the contract unambiguously barred allocation and return of a portion of the deposit prior to closing, even if one seller consented, emphasizing that courts will not rewrite clear contractual terms.
Filing a Lawsuit Is Not Retaliation: New Jersey Court Clarifies CEPA, Tortious Interference, and Unfair Competition in First Environment Inc. v. Delta Environmental Services
In First Environment Inc. v. Delta Environmental Services, the New Jersey Superior Court’s Complex Business Litigation Program dismissed counterclaims and a third-party complaint alleging that the mere act of filing a lawsuit constituted retaliation under CEPA, tortious interference, and unfair competition. The court found that the defendants failed to plead the required elements, especially a causal nexus between alleged whistleblowing and the lawsuit, and reaffirmed that litigation privilege generally bars tort-based counterclaims arising from the filing of a complaint.