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  • Scott Kobler is widely considered to be an “industry leader for healthcare financing matters.”
    - Chambers USA 2017

    Scott Kobler receives enthusiastic praise from his peers, who describe him as “a thorough, knowledgeable and reliable” attorney who “knows everything there is to know about hospital bond work.”
    - Chambers USA
    2016

    Scott Kobler continues to impress clients and peers alike with his “strong expertise in tax and financing matters.”  In the words of one source, “he is a very outstanding bond counsel and is always very, very helpful.” - Chambers USA 2015

    Scott Kobler is lauded for his expertise in complex tax-exempt financing arrangements in the healthcare sector. According to a client he is “the most content-rich bond counsel I have ever seen and I wouldn't go anywhere else.” - Chambers USA 2014

  • Martindale-Hubbell AV Preeminent Rated
    5.0 out of 5

Education

  • J.D., Boston University School of Law, 1982
  • A.B., Princeton University, 1978

Bar Admissions

  • New Jersey

Court Admissions

  • U.S. District Court, District of New Jersey

Memberships & Affiliations

Public Media NJ, Inc. (NJTV), Trustee, 2012 to present

New Jersey Performing Arts Center, Member of Board of Directors, 2017 to present

New Jersey Public Broadcasting Authority, Chair and Member of the Executive Committee, 1992 to 1994, 2004 to 2008; Commissioner, 1991 to 1998, 2002 to 2010

New Jersey Network Foundation, Trustee, 1993 to 2012, Secretary of the Board, Member of the Executive Committee, Recipient of  Chairman’s Award, 1999, and Award for Service, 2003

New Jersey Motion Picture and Television Development Commission, Commissioner, ex officio, 1992 to 1994, 2004 to 2008

The Institute for Ethical Leadership at Rutgers Business School, Executive Business Cabinet, 2014 to present

New Jersey Symphony Orchestra, Executive Committee, 1996 to 2014; Trustee, 1995 to 2016; Recipient of Betty McAllister Award for Volunteerism, 2003

Newark Alliance, Trustee, 2009 to present

The Morris Museum, Trustee, 2007 to 2011

Essex Fells Board of Education, 2001 to 2003; President, 2002 to 2003

Conserve Wildlife Foundation of New Jersey, Chair and Trustee, 1998 to 2000

Leadership New Jersey, a Program of The Partnership for New Jersey, Leadership Fellow, Class of 1995

American Health Lawyers Association; National Association of Bond Lawyers; American (Health Law Section), New Jersey (Health Law Section) and Essex County Bar Associations

Scott A. Kobler

  • |
Partner
  • T: 973.639.2019
    F: 973.297.3708
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Scott Kobler has been recognized as a New Jersey Super Lawyer for every year of its compilation (2005 through 2018) and is acknowledged by Chambers USA as one of its Healthcare "Leaders in Their Field" for 2008 through 2018. Named to the Power 50 in Healthcare by NJBIZ for 2013 through 2016, Scott has represented most of New Jersey’s hospitals in his career, though his practice extends beyond the State. NJBIZ in October 2010 also named him among the 50 Most Powerful Nonprofit Board Members in New Jersey. He is viewed as a “go-to” lawyer for complex financings, restructurings, mergers, debt compliance and defaults in a constantly changing and challenging healthcare environment.

Scott joined the Firm in 1982 and was named a Partner in 1989.  Over thirty years, he has established a substantial, comprehensive practice as both capital and general business counsel to scores of nonprofit and for-profit healthcare, educational, civic and social service organizations.  He brings the perspective of being a leader on several of New Jersey’s most prominent nonprofit boards.

His range spans initial capital formation to deep distress and all points in between, including a particular focus on navigation of issues of governance and regulation of healthcare and other nonprofit institutions in challenging marketplaces.  In the healthcare field alone, he has represented the acquiring and acquired in the sales of assets, changes in control, corporate realignments, debt restructurings and federal and state regulatory approvals. 

In the area of capital formation, he has served as bond, underwriters', borrowers', bank, developers' and trustees' counsel for several billions of dollars of publicly-traded and privately-held debt in at least a dozen states for a wide variety of credits.  His clients include significant healthcare systems, subacute healthcare providers, colleges, universities, museums, private schools, foundations and social service agencies, the New Jersey Symphony Orchestra, Fortune 500 companies, closely-held corporations, national and state commercial banks and investment banks.

He has served as bond counsel for over $1 billion of tax-exempt financings issued over 25 years for continuing care retirement and subacute care communities situated throughout the Northeast (including nearly every CCRC financed in New Jersey), with particular experience in the CCRC regulatory and compliance process.  He developed the terms of the seminal financings under the New Jersey Hospital Asset Transformation Act, which provided relief for closed hospitals.

For many years, hospitals and other healthcare providers have asked Scott to advise them and protect their interests in a range of issues at any one time.  Scott counseled one particular system concurrently with respect to a United States Office of Inspector General settlement of a reimbursement claim, the acquisition of a medical office building through an affiliate company structure, the ongoing resolution of forbearance arrangements with three institutional creditors, and a novel loan and monitoring arrangement negotiated with a more liquid affiliated acute care hospital. Scott was one of the lead counsel for the resolution of defaults of $1 billion of debt for a New Jersey system and successfully worked through the issues with the debtor to raise its credit profile above default levels.

Drawing upon the depth of the Firm’s many proficiencies, Scott’s practice incorporates general contracts and secured transactions (and other provisions of the UCC), charitable and exempt organizations, federal and state tax, fiduciaries and trusts, federal and state Establishment Clauses, real estate, federal and state securities and disclosure, state administrative and regulatory procedures, financial products, accounting standards, insurance coverage, construction, financial reporting, creditors' rights, federal and state funding of housing and healthcare, and antitrust.  His due diligence experience in evaluating offerings includes review of litigation and administrative proceedings involving labor, land use, contract and tort matters and claims. He has extensive experience in advising clients on covenant compliance and the negotiation of forbearance arrangements.

Scott is a leading member the Firm’s Healthcare Service Team which includes attorneys who concentrate in Health Care, Capital Finance, Intellectual Property, Information Technology, Charitable Organizations, Creditors’ Rights, Construction, Real Estate, Financial Services Litigation, Insurance Coverage, Environmental/Energy, Property Tax Appeals,  Labor and Employment, Pensions and ERISA.  The Firm's expansive Life Sciences group is also an integral part of the services provided by the Healthcare Team.

Scott has spoken before the American Association of Homes and Services for the Aging, the New Jersey Alliance for Action, the New Jersey Health Care Facilities Financing Authority, and the New Jersey Bankers' Association.

He is the Treasurer of the Booker for Senate campaign.

Representative Matters

Bond Counsel
Bond Counsel for over $1 billion of tax-exempt financings issued over 20 years for New Jersey continuing care retirement communities situated in Bridgewater, Morristown, Riverdale, Tinton Falls, Liberty Corner, Newton, West Caldwell, Freehold, Cherry Hill, Moorestown, Denville, Whiting, Medford, Hightstown, Monroe, Montgomery and Maplewood. Serve on financings for all of the New Jersey's major subacute providers.
Bond, bank, underwriters' and provider counsel for billions of dollars of debt, financing facilities providing thousands of acute care beds for many of New Jersey's largest providers.
Bond counsel for the financing of hundreds of units in assisted living facilities throughout the State of New Jersey.
Counsel to museum in connection with the donation of a unique collection of musical instruments and automated items and the financing of an addition.
HEALTHCARE COUNSEL
Transfer of Medical and Dental Schools into State University
Served as principal outside transactional counsel for transfer of all rights to certain schools, institutes and centers of health sciences university to a state, in connection with legislative and statutory issues, debt obligation analyses, contract law analyses, tax analyses, non-profit, charitable organization issues, and due diligence production and analyses, in addition to counselling the governing boards as well as day-to-day collaboration with the Office of the General Counsel.  The transaction represented the most complex higher education and health care reorganization ever undertaken within the State of New Jersey and among those nationally.

Speaking

10/10/14
New Jersey Healthcare Financial Management Association
01/31/14
2014 Annual Redevelopment Law Institute
11/19/13
09/10/13
New Jersey Hospital Association CLE for Hospital and Health System In-house Counsel