Chair, Alternative Energy and Co-Chair, Real Estate & Land Use Practice


Mr. Fox focuses his practice on alternative energy (including wind and solar), banking, bankruptcy, creditors’ rights, workouts, commercial and transportation litigation, commercial transactions, business/corporate law, commercial and residential real estate, zoning and land use law.

Mr. Fox has developed his practice in the areas of commercial litigation, commercial transactions, bankruptcy, business law, real estate, real estate tax appeals, renewable energy law, zoning and land use law. He represents both lenders and borrowers in commercial lending. He has over 30 years of experience presenting land use applications before zoning and planning boards, including 8 years as the solicitor for the Riverside Township Land Use Board. He has litigated zoning matters at the appellate level. He successfully won a railroad condemnation case for a Class 1 railroad before the NJ Supreme Court.

His commercial real estate practice covers shopping centers, restaurants, retail, office buildings, manufacturing, warehouses and residential developments, as well as net metering and community solar energy projects. He navigates his clients through the local, county and the state regulatory permits and approvals process.

Currently, his alternative energy practice has expanded into transactions related to and obtaining zoning approvals for photovoltaic solar electric production systems in New Jersey, as well as transactional documents for solar projects including options and purchase agreements, easements, PPAs and related documents. His alternative energy practice is expanding into more growth opportunities including electric vehicle charging stations, development of the Offshore Wind industry and battery storage for alternative energy projects.

Mr. Fox’s commercial litigation experience covers a wide variety of industries, including banking, landscape, manufacturing,  construction, automotive retail, real estate development, wholesale floral and solar energy projects. He also assists creditors with collections under notes and loan agreements, security agreements, mortgage foreclosure, replevin or assignments of rents. His representation of creditors in the bankruptcy court includes negotiating cash collateral agreements, stay relief motions, defending preference actions, non-dischargeability issues, rejection/assumption of executor contract or lease issues.

Bar Admissions

Pennsylvania

New Jersey

U.S. District Court, District of New Jersey

U.S. District Court, Eastern District of Pennsylvania

U.S. District Court, Western District of Pennsylvania

Education

California Western School of Law, San Diego, CA.
Juris Doctorate.

Rutgers College, Rutgers State University, New Brunswick, NJ. Bachelor of Arts.

Publications

Recent Developments in Alternative Energy,” periodic articles discussing recent developments in New Jersey’s alternative energy sector, Editor, 2023 to present.

“Y2K Federal Statutory Update”, November, 1999.

“US Supreme Court Rules on Expert Reports”, October, 1999.

Professional Associations & Memberships

American Bar Association, Member.

Businesses Committed to South Jersey, Member.

Camden County Bar Association, Member, Debtor/Creditor Section.

New Jersey Bar Association, Member, Debtor/Creditor and Banking/Finance Sections.

Riverside Township Planning Board, Solicitor, 1996 – 2005.

Classes & Seminars

“Commercial Real Estate Contracts A-Z: Drafting, Review, and Negotiation Tips No Real Estate Lawyer Should Do Without,” National Business Institute, December 2023

“Land Use and Zoning in New Jersey: From Application to Appeal — Walk Step by Step Through the Process With Insights From Seasoned Attorneys,” National Business Institute, November 2023

“11+ Real Estate Closing Problems-Solved: Protect Your Clients and Keep the Transaction Moving-Easement and Access Issues and Zoning Inconsistent With Intended Land Use.” National Business Institute, October 2023

“New Jersey Advanced Real Estate Law Guide 2023: Advanced Lease Provisions, Topics: Updates, and Tactics; Land Use, Zoning, and Development Updates You Need to Know,” National Business Institute, July 2023

“Drafting Specialty Leases: Farm, Restaurant Leases, and More — Expand Your Skillset and Draft Customized Leases,” National Business Institute, March 2023.

“Land Use and Zoning Issues 2023:  Issues That Need to be on Your Radar,” National Business Institute, February 2023

“Overcoming Real Estate Land Use and Environmental Challenges: Get the Latest Info and Solutions to Hot-Button Issues in Practice,” National Business Institute, December 2022

“Solar Energy Land Use and Zoning Law,” National Business Institute, June 2022

View More

“Challenging and Appealing Administrative Zoning Decisions – What You Need to Know,” National Business Institute, November 2021

“Climate of Renewable Energy Projects in NJ – Overview of State Laws, Regulatory Permitting and Incentives,” Capehart Scatchard in-house presentation, May 2021

“Solar Energy Land Use and Zoning Law,” National Business Institute, November 2020

“Power Purchase Agreements and Leases,” National Business Institute, May 2020

“Zoning and Land Use Laws Made Simple,” National Business Institute, November 2019

“Subdivision, Variances and More: Navigating Approval Processes,” National Business Institute, November 2019

“Requesting Variances, Rezoning and Conditional Use Permits,” National Business Institute, November 2018

“Land Use Risks in Commercial Real Estate Transactions,” National Business Institute, November 2018

“Land Use Law for Solar Energy Products,” National Business Institute, November 2017

“Title Law: A to Z,” National Business Institute, September 2017

“A Rail Road’s Right and Obligation to Hold Loaded LPG Rail Cars As Part of the Transportation Process Is Preempted By Federal Law,” New Jersey TransAction Conference, April 2017

“Zoning Aspects for Solar Energy Products” and “Grow NJ Assistant Program,” National Business Institute, November 2016

“When the Tenant or Landlord Files for Bankruptcy Protection,” Sterling Education Services, Inc., April 2014

“Landlord-Tenant Law – Commercial & Residential,” Sterling Education Services, Inc., 2013

“Landlord-Tenant Law – Commercial & Residential.” Sterling Education Services, Inc., January 2013

“Land Use Law: Current Issues in Subdivision, Solar Energy Projects and Zoning,” National Business Institute, November 2012

“Landlord-Tenant Law: When Tenant or Landlord Files for Bankruptcy,” Sterling Educational Services, Inc., January 2012

“Land Use Law; Current Issues in Subdivision, Solar Energy Projects and Zoning,” National Business Institute, 2012

“Solar Energy and Land Use,” National Business Institute, November 2011

“When Tenant or Landlord Files for Bankruptcy,” part of Landlord-Tenant Law Update seminar, Sterling Education Services, Inc., August 2010

“Basic Business Contracts and Agreements,” NJ Small Business Development Center – Rutgers School of Business Camden, April 2009

“Mold Control: How to Identify, Prevent, Remediate,” and “Defend Against Mold Problems,” Surety Title Corporation, June 2005

“Mold Control: How to Identify, Prevent, Remediate,” and “Defend Against Mold Problems,” New Jersey Shore Builders Association, Inc., March 2005

“Mold Control: How to Identify, Prevent, Remediate,” and “Defend Against Mold Problems,” Builders League of South Jersey, January 2005

“Mold Control: How to Identify, Prevent, Remediate” and “Defend Against Mold Problems,” Burlington County College, March 2004

“Mold Control: How to Identify, Prevent, Remediate,” and “Defend Against Mold Problems,” Builders League of South Jersey, December 2003

“Mold Control: How to Identify, Cost Effectively Remediate & Prevent Mold Problems,” co-sponsored with client, TTI Environmental, Inc., March 2003

“Make Sense Out of the Revisions to Article 9 of the Uniform Commercial Code: What They Mean to Your Bottom Line,” Capehart & Scatchard, P.A., October 2001

“Commercial Lending Requirements and Loan Documentation in New Jersey,” Lorman Education Services, August 2001