Brett Wiltsey

Brett concentrates his practice in corporate and business transactions, real estate and financing matters, Land Use and development, as well as Insurance Coverage and Risk Mitigation. He represents clients in the following areas:

1. General Counsel to growing and emerging companies

In this role, Brett advises clients on all issues they face. For example, issues that arise concerning confidential and internal HR, prosecuting or defending litigation, and developing growth strategies that include a combination of M&A transactions, employee retention programs, and obtaining capital/equity to accelerate the growth.

2. Financial institutions

Brett has extensive experience in representing financial institutions in loan documentation, defending litigation under the UCC, and troubled loan workouts. His multi-faceted practice allows him to resolve these issues creatively and efficiently.

3. Real estate, land use, and governmental representations

Brett has acted as Land use counsel to clients developing sites throughout southern New Jersey totaling over $1,000,000,000 in approvals. In this capacity, he assists in the selection of development sites, negotiates the acquisition documents, obtains financing (equity, traditional lending, and through government (EDA) grant and support programs (through non-profit land banks), and finally shepherding the client through the land use approval process. Municipalities have retained him to represent them as special development counsel to assist in the negotiating and drafting of Redevelopment Agreements, PILOT agreements, as well as conducting due diligence on the developers and their proposed projects.

4. Insurance Coverage and Risk Mitigation

Brett is a licensed insurance producer. He obtained his license after many years serving as general counsel because he recognized that legal representation of active businesses must include a fundamental understanding of the role insurance plays in not only protecting against liability claims, but also employment practices, workers’ compensation, and property coverages. As such, Brett routinely reviews the insurance programs for clients, makes recommendations to ensure the client’s risk tolerance is protected. As an additional service, He can also negotiate with carriers and bind coverage when requested.

Brett enjoys solving problems, which is what motivated him to become a lawyer. As a former collegiate athlete (he played both basketball and baseball), Brett satisfies his competitive side by playing golf with friends and clients. In addition, Brett has coached his children’s youth sports teams for over ten years.

When not focusing on work or sports, Brett enjoys spending time with his family and reading (re-reading) non-fiction analysis of World War II from as many perspectives as he can. He finds it a fascinating time in our history that provides opportunities to better understand how human tendencies/failures can educate us to make better decisions.

Brett has experience in representing clients with regard to litigation, real estate development, New Jersey tax credits, employment, litigation, mergers and acquisitions as well as insurance coverage and risk mitigation. His experience in advising clients on financial incentives and government relations includes guidance to regional and national financial institutions in litigation concerning Articles 3, 4, and 4A of the Uniform Commercial Code, Federal Regulation E, consumer fraud, fraudulent endorsements, and similar litigation matters, as well as workout, bankruptcy, and the drafting of loan and loan modification documents.

Some of Brett’s more notable cases include:

• Represented a large athletic organization in a major financing round and company expansion plan
• Represented a large financial institution in a multi-million-dollar work-out with regard to a large regional developer.
• Counseled national corporations defending them in class action and consumer fraud claims.
• Represented a large financial institution in the sale of a multi-million-dollar hotel through a third-party plan filed by the institution in bankruptcy proceedings.
• Represented multiple contractors in defense of preference actions brought by the Bankruptcy Trustee in the Kara Homes, Inc. bankruptcy case.
• Represented Developers in Port Projects, warehousing, mixed-use redevelopment projects, Power and Lifestyle centers, as well as affordable and assisted living projects.
• Represented clients in the restaurant industry purchase and sale of real estate, operating restaurants, and their liquor license.

Brett was repeatedly named “Top Attorney” by SJ Magazine. His professional and community activities include:

• General Counsel and Member of the Board of Trustees, The Southern New Jersey Development Council
• Chairman, Collingswood Democratic Committee
• Trustee, Camden County College, Chair Business Affairs Committee and Treasurer to the Board
• Member, Advisory Committee, Widener University School of Business Administration