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Fazzio Law Offices

John Fazzio

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John Fazzio

John Fazzio

  • Fazzio Law Offices
  • 164 Franklin Turnpike
    Mahwah, NJ 07430
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John P. Fazzio, Esq.

Managing Attorney

[email protected]

Direct/Cell: (609) 868-8953

 

John Fazzio is an aggressive young trial lawyer who is a fierce advocate for his clients in and out of the courtroom.  He lives for David and Goliath type contests.  John is not afraid to go to trial and has gone all the way to verdict on varied cases including foreclosure, bankruptcy, tax, intellectual property, criminal, and personal injury.  John has also prosecuted a number of appeals cases.  John regularly practices in the State and Federal Courts in New York and New Jersey.

 

John does not believe in a “no-win” situation and he believes that a lawyer should be as adept and skilled at human relations, negotiation and problem solving as he is at law.  While John is a trial lawyer who is ready to engage in battle and loves to present a case, he is eminently practical and steers most cases to a settlement that the client is happy with long before it is time to sound the trumpets of war.

 

John specializes in foreclosure litigation, tax controversy, entertainment law and trials.  As a foreclosure lawyer, he brings the fight to the banks and raises issues of standing, modification fraud, and overcharging to leverage reasonable modification settlements or advantageous short sales.  As a tax controversy practitioner, John helps clients settle their tax debts with payment plans or advantageous offers, reducing the balance owed substantially.  John’s practice focuses on helping individuals weather these financial storms and he helps to guide clients safely through choppy seas.  Often that requires both passionate advocacy and detours into other areas of law, such as bankruptcy, finance or real property.  It is in these cases that John’s tough negotiating skills and versatile background are a truly unique asset.

 

John also has developed an entertainment practice handling contested intellectual property matters in New York Federal Court, assisting with corporate entertainment agreements, distribution agreements and deals in the music industry, acting as in-house counsel for recording companies and handling varied matters for media moguls and entertainers.  John also represents several boxing managers on boxing law issues and tax matters, including international taxation of travelling entertainers.

 

John started his legal career as a Student Assistant at the Burlington County Prosecutor’s Office, then did a Judicial Clerkship with Frederick J. Schuck, J.S.C. in Camden, NJ.  After his clerkship, John worked on mergers and acquisitions and corporate litigation matters as a Corporate Attorney for two prominent North Jersey law firms, Scarinci & Hollenbeck, LLC and Archer & Greiner LLP.  Then, John worked as a Tax Attorney for the Law Offices of Donald G. Koch, P.C. in downtown New York, resolving Tax Controversy matters for businesses and individuals.  While at Scarinci & Hollenbeck, LLC, John prosecuted foreclosures for one of the major banks, gaining valuable insight into the bank’s perspective on mortgage foreclosure matters.  John worked for his father’s Environmental Consulting Firm for 5-years prior to law school and did internships with the New York Stock Exchange, Bloomberg, L.P. and the Brooklyn District Attorney’s Office.

 

John has an L.L.M. in Taxation from NYU School of Law, a J.D. from Brooklyn Law School, and has studied corporate finance at Columbia University Graduate School of Business.  Prior to law school, John attended The College of New Jersey and earned a B.S. in Business Management, a B.A. in English, and a minor in Political Science. 

 

During law school, John was a member of the Moot Court Honor Society and the Journal of Law and Policy, the Corporate and Real Estate Clinic and the Prosecutor’s Clinic.  John’s Moot Court team won the National Appellate Tax Oral Advocacy competition and both best oralist awards.  John also competed nationally with the trial side of the Moot Court program on the school’s TYLA National Trial Advocacy Team, coached by Michael Vecchionne, First Assistant District Attorney at the Brooklyn D.A.’s Office, and one of the most accomplished trial attorneys in the country.  At graduation John was awarded both the faculty’s Trial Advocacy Prize and the faculty’s Real Estate Prize.

 

While at Brooklyn Law School, John saved a large HDFC building from foreclosure, by working out a loan that had been delinquent for more than twenty (20) years and getting the Department of Finance to re-finance the loan, under the tutelage of Debrah Bechtel, who runs the Corporate and Real Estate Clinic at Brooklyn Law School.

 

John is licensed to practice in New York, New Jersey and Pennsylvania.  He is a member of numerous bar associations and committees.  John is currently working on completing the requirements to become a New Jersey Certified Civil Trial Attorney.

 

John’s interests outside the office include running marathons and ultramarathons, writing short fiction and essays, kickboxing, setting up wine tastings for friends and family, and working to be a good steward of whatever he is entrusted with.  John is a practicing Christian.

 

John will be participating in the New York City Marathon and the Philadelphia Marathon this fall.  He hopes to take a shot at the Leadville 100 in Leadville, Colorado this coming August, God willing.

 

John’s publications, editorial positions and speaking engagements include:

  • Pharmaceutical Patent Settlements: Fault Lines at the Intersection of Intellectual Property and Antitrust Law Require a Return to the Rule of Reason, 11 Fla. J. Tech. L. & Pol’y 1 (2006).
  • Financial Innovation Patents: The Future of the Futures Markets, or Old Wine in New Bottles, 10 Computer L. Rev. & Tech. J. 41 (2005).
  • Editorial Board: New Jersey State Bar Association, Young Lawyer’s Division Bi-Monthly Magazine – DICTUM

 

REPRESENTATIVE DECISIONS

Foreclosure

  • Dismissal of Burlington County Foreclosure Action due to bank’s inability to produce the original Note on the eve of trial.
  • Negotiated a 40 year 2% interest foreclosure modification as a settlement of Counterclaims alleging standing defects, modification fraud and excess overcharges to the homeowner, on a Hudson County Foreclosure matter.
  • Overturned a 2006 Judgment of Foreclosure by Order to Show Cause in a Westchester County, New York foreclosure matter that was heard in 2012.

 

Tax/Tax Court

  • Overturned a New Jersey State Regulation applying the Realty Transfer Tax to related corporations, on argument to the New Jersey Tax Court.
  • Negotiated an IRS Offer-in-Compromise of $6,220 on a debt of over $150,000. 
  • Negotiated an IRS Offer-in-Compromise of $59,000 on a debt of over $1,000,000 spanning back 3 decades.
  • Successfully defended an IRS audit where the original examination showed amounts owed totaling approximately $490,000, and the final underpayment amounted to $40,000.
  • Overturned a NYS Sales Tax Audit of a Pizza Chain that was botched by the company’s accountant by filing a Claim for Refund and receiving a six-figure refund.

 

Bankruptcy

  • $252,000 Judgment for Plaintiff in a Newark, New Jersey Bench Trial in an Adversary Proceeding on behalf of a sister whose brother fraudulently stole title to her home, in a scheme where he purported to be saving her from foreclosure.

 

Entertainment

  • Judgment of Dismissal After Bench Trial for one Defendant and Judgment of $6,000 of damages against another Defendant in a Southern District of New York Federal Copyright case against a hip hop mogul and his producer who were accused of sampling a song without a license.
  • Successfully obtained a Temporary Restraining Order freezing all royalties in a dispute between a well-known band, and their producer, who the band claimed had abandoned them, thus relinquishing his rights.
  • Pursuing Cross Claims against a major record company that hired an artist out from under an indy label.

 

Chancery

  • Judgment for Plaintiff after Bench Trial awarding her a house worth over $250,000 and zeroing out her co-tenant’s interest on proof of waste and neglect in a Bergen County, NJ Partition matter.

 

Criminal

  • Not Guilty Verdict in a Criminal Case in which Defendant was charged with serious accusations that he led a ring of Bayonne car thieves, in Hudson County, NJ.
  • No Bill at Grand Jury proceedings for a Marine who served in the Fallujah campaign and was licensed to carry in Virginia, but was facing 5 years with 85% for unlicensed carry in New Jersey.