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Post Frequency: 1.6/day Last Entry: November 19, 2009 at 09:01:46 Recent Entries: 567
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YAZ®, Yasmin® and Ocella® Cases Transfered to MDL in the United States Distric Court
Posted on November 19, 2009Since the beginning of October 2009, over 350 YAZ®, Yasmin® and Ocella® cases from various jurisdictions throughout the country have been transferred to the MDL in the United States District Court for the Southern District of Illinois. On November 9, 2009, motions were filed to appoint Plaintiffs' lead counsel and a Plaintiffs' Steering Committee...
RIAs drive explosive growth of the Broker Protocol
Posted on November 18, 2009Stark & Stark Employment Group Chair, Thomas B. Lewis, was quoted in the November 17, 2009 RIABiz.com article, RIAs drive explosive growth of the Broker Protocol. The article discusses the recent rise in firms who have signed the Protocol for Broker Recruiting and what this truce will mean for changes in wirehouses across the country...
Contracts - Construction: Validity of Paid When Paid Provision
Posted on November 18, 2009In the matter of Brolley Electrical v. Ernest Bock and Sons, Inc., the Court reviewed the validity and enforceability of a 'paid when paid' provision within a construction contract. The contract provided that payment by the owner to the general contractor being a condition precedent prior to the general contractor is obligated to pay the subcontractor...
Extended and Expanded Homebuyer Tax Credit
Posted on November 17, 2009The popular federal tax credit of up to $8,000 provided to first-time home buyers who purchase a home in 2009 due to expire November 30th has been extended until April 30, 2010. In addition, a new tax credit up to $6,500 will be available to certain "step-up" (or downsizing) homebuyers who are current homeowners who have resided in their homes for at least five years...
Stark & Stark Shareholder Serves as Panelist for Legal Workshop
Posted on November 11, 2009Allen M. Silk, Chair of Stark & Stark's Business & Corporate Group, will serve as panelist for the Agudath Israel of New Jersey's Legal Workshop. The workshop will take place at the Park Terrace Hall in Lakewood, New Jersey on Thursday, November 12, 2009, from 5:30 - 8:30 PM...
Cape May Homeowners Sue Over Change in Campground Rule
Posted on November 10, 2009A group of homeowners in the Carol Lynn Resorts campground have sued the property owners, the State of New Jersey and Woodbine Borough over alleged changes to the park rules and regulations. The owners allege that the owners of the campground have recently changed the rules that call into question whether or not they can use the facility as a year round residence rather than a seasonal vacation spot...
Stark & Stark Shareholder Discusses Bear Stearns Case for Bloomberg TV
Posted on November 05, 2009Shareholder in Stark & Stark's Securities Group, Bill Singer, was a featured guest on Bloomberg TV this morning discussing the closing arguments made today in the government's case against former Bear Stearns' hedge-fund managers, Ralph Cioffi and Matthew Tannin, who were responsible for misleading investors and the eventual loss of roughly $1...
It's Payback Time on Promissory Notes
Posted on November 04, 2009Stark & Stark Employment Group Chair, Thomas B. Lewis, authored the article, It's Payback Time on Promissory Notes, for the November 2009 edition of On Wall Street Magazine. The article discusses the recent trend in unhappy advisors seeking new firms in the wake of a down market and their old firm's enforcement of collecting promissory notes...
Intelligent Investing: Go to the FBI Cold
Posted on November 02, 2009Stark & Stark Securities group Shareholder, Bill Singer, is the author of a weekly column, Intelligent Investing, for Forbes.com. The column focuses on Wall Street regulatory developments and discusses regulation from the individual investor's point of view...
What is the status of currently pending litigation against YAZ® manufacturers?
Posted on October 28, 2009Studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® (including the synthetic progestin, drospirenone), have been linked to various forms of internal organ damage (including gallbladder damage), as well as deep vein thrombosis, or blood clots...
Builders, Contractors and Homeowners: Beware Insurance Carriers Are Delegating Construction Deficiencies Coverage
Posted on October 28, 2009Construction Litigation Group Chair, Donald B. Brenner, and Litigation Shareholder, Thomas J. Pryor, authored the article Builders, Contractors and Homeowners: Beware Insurance Carriers Are Delegating Construction Deficiencies Coverage for the October 19, 2009 edition of the New Jersey Law Journal...
Constitution Law: Right to Privacy - Expungements
Posted on October 27, 2009In Nunez v. Pachman, the Appellate Division recently discussed the section of the Expungement Statute which prohibits the disclosure of any information relative to the records, proceedings or any other related documents once an event is expunged. In Nunez v...
Title to Cemetery Plots - Not So Scary!
Posted on October 26, 2009Goblins and ghosts. Eerie graveyard scenes. With Halloween coming, cemeteries always take on some added interest. New Jersey cemeteries are governed by the "New Jersey Cemetery Act, 2003." N.J.S.A. 45:27-1 et seq. Under the Act, a cemetery is defined as "any land or place used or dedicated for use for burial of human remains or disposition of cremated human remains...
Stark & Stark Shareholder Comments on FINRA Expulsion
Posted on October 20, 2009Stark & Stark Employment Group Chair, Thomas B. Lewis, was quoted in the October 19, 2009 Wall Street Journal article, COMPLIANCE WATCH: Expulsion Shows Risks Of Outside Accounts. The article discusses the recent expulsion of Miguel A...
Modification of Alimony and Child Support in a Poor Economy
Posted on October 19, 2009It has just been reported that the unemployment rate in New Jersey is approaching 10%, the highest it has been in decades. It has also been reported that divorce filings are down in this period of recession, presumably because couples cannot afford to split up...
New Class Action Filed Against SpongeTech
Posted on October 16, 2009A recent class action complaint has been filed against SpongeTech alleging various violations of the securities laws, including the alleged forgery of an attorney's opinion letter authorizing the sale of a security. The complaint also alleges that 'short selling' was engaged in by inside executives that lead to the rapid implosion of the stock price...
Defendants in NuvaRing® Litigation Files Motion To Dismiss Plaintiff's Claims
Posted on October 16, 2009As we have discussed in previous posts, NuvaRing®, the combined contraceptive vaginal ring that is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation ('MDL') in the United States District Court for the Eastern District of Missouri...
Dissipation of Marital Assets
Posted on October 15, 2009In New Jersey divorce cases, all property accumulated during the marriage (whether real estate, cash, bank accounts, investment accounts, retirement plans and personal property) is subject to equitable distribution. But what happens if an asset is no longer in existence or spent down by the time a Divorce Complaint is filed as a result of one spouse's spending? A Court can determine whether a spouse has dissipated marital assets and therefore should have the obligation to pay that money back...
New Rule Eliminates Need for Personal Information on Divorce Court Documents
Posted on October 14, 2009Under the new Rules 1:38-7 Confidential Personal Identifies must be redacted from all documents filed with the Court except a Case Information Statement, its attachments, and the Confidential Litigant Information Sheet. Litigants now must certify to the Court that no such identifiers are being filed outside of the afore referenced documents...
Case Information Statements and Your Divorce
Posted on October 13, 2009Perhaps one of the most valuable documents in any divorce case is a Case Information Statement (CIS). A CIS sets forth each party's income, assets, liabilities, the marital standard of living, and current monthly budget. A fully completed CIS gives the Court a clear picture of that party's financial situation, which is imperative in calculating child support and alimony...
The Railroad Retirement Act: Partition of TIER II Annuity Benefits
Posted on October 09, 2009This is the sixth and final installment of a six-part blog series focused on the Railroad Retirement Act (RRA). You can read the full series here. ERISA does not apply to RRA annuities. Thus, the railroad Retirement Board (RRB)will accept a Qualified Domestic Relations Order (QDRO) only if it provides for an annuity partition that is valid under the RRB's regulations...
Retrofitness Sued By New Jersey Fitness Club Owners
Posted on October 08, 2009Model A Fitness of Boonton, New Jersey has sued Retrofitness for fraud, consumer fraud, breach of contract, and violations of New Jersey's Franchise Practices Act. Retrofitness Enterprises and Retrofitness Corp. owns, operates and franchises body building, health and fitness facilities under the 'Retrofitness' trademark...
Want an Antidote to the Economic Doldrums? Start by Improving Your Lease Agreement!
Posted on October 07, 2009Although the downturn in the economy has brought many obstacles to small business owners, it has also created opportunities that can provide leverage to foster growth and financial security for the future. An important example of this is the give-and-take that occurs between landlord and tenant in the negotiation of new commercial leases and the renegotiation of existing ones...
Small Business Owners Need to Plan for Tax Increases in 2011
Posted on October 05, 2009Adam J. Siegelheim, member of Stark & Stark's Business & Corporate and Franchise Groups, authored the article Small Business Owners Need to Plan for Tax Increases in 2011 for the September 2009 edition of Mercer Business Magazine. The article discusses the differences, and advantages, between an S Corporation and a C Corporation...
Canine Custody in New Jersey Divorce Proceedings
Posted on October 02, 2009In a decision of fist impression a New Jersey court has awarded shared possession of a six year old pedigree pug named Dexter to a former couple who bought the dog for $1,500 while were engaged and living together. In Houseman v. Dare, the court gave each party five weeks of time with Dexter and alternating holidays, with the party having physical custody responsible for Dexter's veterinary bills including cremation expenses in the event of his death...
Key Legal Considerations when Buying an Existing Business, Buying a Franchise, or Starting a Business From Scratch
Posted on October 01, 2009Cary S. Kvitka, member of Stark & Stark's Business & Corporate and Franchise Groups, will present a seminar entitled, Key Legal Considerations when Buying an Existing Business, Buying a Franchise, or Starting a Business From Scratch, for the Greater Princeton Area SCORE...
Stark & Stark Shareholders Comment on Promissory Note Class Action
Posted on September 29, 2009Stark & Stark Employment Group Chair, Thomas B. Lewis, and Stark & Stark Securities Group Shareholder, Bill Singer, were quoted in the September 29, 2009 RegisteredRep.com article, Can You Take It With You? The article discusses a recent class action lawsuit led by Mark Thierman which seeks to change the current practice of brokerage firm's demanding advisors pay back the full balance of promissory notes after they have left the firm...
Who's staying married?
Posted on September 29, 2009The U.S. Census Bureau has released data regarding the incidence of divorce on a state-by state basis. Interestingly, and contrary to some segments of public opinion, New Jersey and Pennsylvania rank second and third, behind only Hawaii, for the lowest percentage of divorces...
Stark & Stark Attorneys to Present Free Divorce Seminar
Posted on September 23, 2009Members of Stark & Stark's Divorce Group, including David A. Beaver, Corrine M. Evanochko, Megan E. Smith and Joseph D. Visco, will present two free divorce seminars Saturday October 3, 2009. The seminars will take place at the Hyatt Regency Princeton in Princeton, New Jersey at 9:00 AM and 11:00 AM...
Be Clear With Your Company Email Policy
Posted on September 22, 2009In a recent New Jersey Appellate Division Decision, Stengart vs. Loving Care Agency, Inc., the New Jersey Superior Court, Appellate Division, clarified when a company/employer can review and access an employee's emails when the employee uses company technology to receive emails...
Defendants in NuvaRing® Litigation Files Motion For Entry of Lone Pine Case Management Order
Posted on September 16, 2009NuvaRing®, the combined contraceptive vaginal ring that is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation ('MDL') in the United States District Court for the Eastern District of Missouri. Plaintiffs have advanced claims that NuvaRing® is responsible for injuries in some individuals...
Real Estate Sales - Need for Signed Written Agreements
Posted on September 15, 2009When buying and selling real estate, in nearly every transaction, a written contract is prepared for all parties involved to sign. One reason for this is obvious - to make certain that all parties can clearly see, and are in agreement with, all the terms and conditions of the transaction...
Case Information Statements and Your Divorce
Posted on September 15, 2009Perhaps one of the most valuable documents in any divorce case is a Case Information Statement (CIS). A CIS sets forth each party's income, assets, liabilities, the marital standard of living, and current monthly budget. A fully completed CIS gives the Court a clear picture of that party's financial situation, which is imperative in calculating child support and alimony...
The Railroad Retirement Act: Other RRA Components
Posted on September 11, 2009This is the fourth installment of a six-part blog series focused on the Railroad Retirement Act (RRA). You can read installment 3 here. Below is a list of several other components related to the Railroad Retirement Act: Supplemental Annuity: Railroad employees who complete twenty five (25) years of service and commenced services before 1981 may receive a supplemental annuity under section 2(b) fo the RRA, which ranges between $23 to $43 per month...
Federal Circuit Overrules Medinol Standard for Proving Fraud in Registering a Trademark
Posted on September 04, 2009Since its publication in 2003, the decision of the Trademark Trial and Appeal Board ('TTAB') in Medinol v. Neuro Vasx, Inc., 67 USPQ2d 1205 (T.T.A.B. 2003), has been a target for comment and criticism. In Medinol, the TTAB found that a material misrepresentation in an application or renewal, which a trademark registrant knew or should have known was false, constituted fraud...
Divorce and Intellectual Property
Posted on September 01, 2009The proper treatment of intellectual property (IP) in divorce cases requires an understanding of the different types of IP, valuation of the IP and ultimately equitable distribution of the IP as a marital asset. There are four types of IP: A Trademark is a name, word, phrase, logo, symbol, design, or image used to identify a product or service...
The Railroad Retirement Act: Tier II Benefits
Posted on August 31, 2009This is the third installment of a six-part blog series focused on the Railroad Retirement Act (RRA). You can read installment 2 here. Tier II benefits are based solely upon railroad industry service and earnings (i.e. it does not take years/earnings outside of industry employment into account, unlike Tier I benefits)...
Stark & Stark Attorney to Present New Jersey Organization and Sale of Small Business Seminar
Posted on August 28, 2009Adam J. Siegelheim, member of Stark & Stark's Business & Corporate and Franchise Groups, will participate as a panelist at the 2009 New Jersey Organization and Sale of Small Business seminar, as part of the New Jersey Institute for Continuing Legal Education's Skills & Methods Course...
Stark & Stark Shareholder Comments on Sarkozy's Threat to Shun US Bankers
Posted on August 26, 2009Thomas B. Lewis, Chair of Stark & Stark's Employment Group was quoted in the Bloomberg.com article, Sarkozy Threat to Shun Banks on Pay Draws U.S. Alarm. The article discusses the tough rounds of questioning Citigroup Inc. and six other bailed-out companies' are undergoing by the government on how they compensate top-paid executives and the plan from French President, Nicolas Sarkozy, to shun bankers who don't accept pay limits...
Contesting a Will - State Court or Federal Court
Posted on August 25, 2009Lawsuits over the validity of a Last Will and Testament have become a common form of litigation around the country, as well as in the State of New Jersey. Preparing an estate plan is something that is necessary and something that everyone should take care of while they are in an appropriate physical and mental state...
Court Denies Motion By Defendants to Dismiss NuvaRing® Complaints
Posted on August 21, 2009NuvaRing®, the combined contraceptive vaginal ring that is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation ('MDL') in the United States District Court for the Eastern District of Missouri. Plaintiffs have advanced claims that NuvaRing® is responsible for injuries in some individuals...
Stark & Stark Attorney to Present a How to Start a Business Seminar
Posted on August 21, 2009Adam J. Siegelheim, member of Stark & Stark's Business & Corporate and Franchise Groups, will present a seminar entitled, How to Start a Business, for the Greater Princeton Area SCORE. The seminar will be held Tuesday September 8, 2009 from 6:45 – 8:45 PM at the Princeton Public Library...
Post- Judgment Tip: Changing Beneficiaries On Your Retirement Assets
Posted on August 20, 2009You just paid off the balance of the bill to your attorney and you are feeling good that your divorce is finally behind you. The last thing on your mind is probably setting up an appointment with your Human Resources administrator to modify the beneficiary designations on your 401 (k) or employer-provided life insurance plan...
Stark & Stark Attorney Presents Seminar at the Community Association Institute's Senior Summit
Posted on August 17, 2009Richard B. Linderman, member of Stark & Stark's Community Association group presented materials related to Active Adult and "Over 55" communities in New Jersey and Pennsylvania, during the Community Association Institute's Senior Summit held on August 11, 2009...
Stark & Stark Shareholder Comments on Berrien's Nomination as Head of U.S. Equal Employment Opportunity Commission
Posted on August 13, 2009Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the August 10, 2009 Human Resource Executive Online article, An EEOC under Berrien? The article discusses why companies should prepare for increased enforcement and litigation if Jacqueline Berrien is chosen to head the U...
Court Dismisses Class Action Claims in NuvaRing® Litigation
Posted on August 13, 2009In a recent blog post, it was reported that NuvaRing® plaintiffs had filed a master consolidated complaint in order to supplement the complaints in the individual NuvaRing® litigation cases. On May 19, 2009, the Court dismissed the class action claims in the Master Consolidated Complaint...
The Railroad Retirement Act: Tier I Benefits
Posted on August 12, 2009This is the second installment of a six-part blog series focused on the Railroad Retirement Act (RRA). You can read installment 1 here. Tier I annuity benefits are determined according to earnings and career service. To qualify for Tier I benefits, an employee must have worked a minimum of ten (10) years in the railroad industry...
State Enforcement of the Bulk Sale Notification Requirements
Posted on August 12, 2009As times are getting tougher for businesses, and the State of New Jersey is getting more hungry for tax revenues, we are seeing a crackdown by the State on enforcement of the bulk sale notification requirements. The statute containing those requirements, N...
Is the Passage of Time a Significant Change In Circumstances Warranting a Modification of Child Support?
Posted on August 07, 2009One of the most common questions that any divorce attorney will inevitably hear is 'can my [spouse's] child support obligation be modified?' The prevailing case law in New Jersey since 1980 is that child support obligations are modifiable based on a substantial change in circumstances...
NuvaRing® Plaintiffs File Master Consolidated Complaint
Posted on August 07, 2009NuvaRing®, the once-a-month combined contraceptive vaginal ring which is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation ('MDL') in the United States District Court for the Eastern District of Missouri based on claims that NuvaRing® is responsible for injuries in some individuals...
Financial Planning After Your Divorce
Posted on August 06, 2009Legal Briefs On Divorce is a video podcast series providing viewers with a discussion on timely news and insight on current trends impacting divorce. This installment of Legal Briefs On Divorce is an interview with John S. Eory, Shareholder in Stark & Stark's Divorce Group, and Sam Sacks, a Financial Advisor and First Vice President of Investments for Wells Fargo Advisors...
StarK & Stark Shareholders Author Article for the Charles Schwab Institutional Compliance Review
Posted on August 04, 2009Thomas D. Giachetti, Chair of Stark & Stark's Securities group and Henry E. Van Blunk, Shareholder in Stark & Stark's Business & Corporate group authored an article for the July 2009 edition of the Charles Schwab Institutional Compliance Review entitled An Overview of External Transition Planning for the Registered Investment Adviser...
Stark & Stark Shareholder Presents to the New York Association of Realty Managers
Posted on July 31, 2009Stephen M. Lasser, a Partner in Stark & Stark's Condominium and Co-op group, was one of six speakers on a panel of distinguished lawyers and insurance professionals during the morning session of the Ethics Day Seminar sponsored by the New York Association of Realty Managers (NYARM) held July 22, 2009...
Strategies & Issues Associated with Bank and Mortgage Company Unit Owners Failing and/or Refusing to Pay Association Assessments
Posted on July 30, 2009As more and more residential mortgages go into default, and then into foreclosure, more and more units within associations are owed by banks and/or mortgage companies. In New Jersey, once a unit is sold, including by virtue of a sheriff's sale, the purchaser is liable for all assessments and fees going forward...
Possible Certification & Registration Requirement For Cooperative & Condominium Property Managers
Posted on July 30, 2009Currently alive in New York's Assembly is A07388, which is a proposed amendment to New York's Real Property Law. If enacted, all residential real property managers and any firm employing, contracting with or contracting to provide a property manager would be required to file a registration statement with New York's Secretary of State and be certified by an approved certifying organization...
Bankruptcy Basics for Boards: Don't Leave Money on the Table
Posted on July 30, 2009Collect Post-Petition Assessments from Chapter 13 Trustee in a Converted Chapter 7 Case Bankruptcy filings around the country are up, due to among other things, the decline in the real estate market. Previously, debtors used the equity in their home to fund a Chapter 13 bankruptcy plan and pay back condominium, homeowners, and cooperative associations ('Associations')...
New Jersey Court Upholds Association's Right To Enforce Rules & Regulations
Posted on July 30, 2009On June 19, 2009, the Hudson County Law Division upheld a Northern Jersey condominium association's right to enforce its rules and regulations regarding the parking, registering, and towing of automobiles located within the association's common elements...
Governor Corzine To Sign Economic Stimulus Act of 2009
Posted on July 28, 2009This week Governor Corzine is scheduled to sign the Economic Stimulus Act of 2009. Amongst other things, the bill will exempt projects receiving preliminary approval from the municipal board by July 1, 2010 from the non-residential development, i.e., COAH, fee...
Act to further limit Homeowner Associations ability to enforce restrictions
Posted on July 27, 2009The American Clean Energy and Security Act of 2009 (the "Act"), which recently passed the U.S. House, contains certain provisions that restrict homeowners associations from prohibiting the use of solar energy systems. Many associations contain certain restrictions, the enforcement of which has either been given to a board of trustees via a master declaration, or to the surrounding homeowners via a deed restriction and/or neighborhood scheme...
The Railroad Retirement Act: An Introduction to the Act
Posted on July 27, 2009This is the first installment of a six-part blog series focused on the Railroad Retirement Act (RRA). The Railroad Retirement Act (RRA) is a federal statute that provides unique benefits for railroad workers. The 1974 Amendment to the RRA resulted in an annuity benefit system that is comprised of two main benefit components, generally referred to as Tier I and Tier II benefits...
Update on NuvaRing® Litigation Status
Posted on July 23, 2009NuvaRing® is marketed as a once-a-month, combined contraceptive vaginal ring that provides month-long birth control. It is sold in the United States by Organon USA Inc., a New Jersey corporation with its principal place of business in Roseland, New Jersey, and Organon International, Inc...
Case Information Statements and Your Divorce
Posted on July 22, 2009Perhaps one of the most valuable documents in any divorce case is a Case Information Statement (CIS). A CIS sets forth each party's income, assets, liabilities, the marital standard of living, and current monthly budget. A fully completed CIS gives the Court a clear picture of that party's financial situation, which is imperative in calculating child support and alimony...
Squeeze-Out Technique: Withholding Information
Posted on July 21, 2009Many times a majority shareholder seeking to squeeze-out a minority shareholder will deliberately withhold information relating to the closely held corporation. Withholding information is usually coupled with another form of oppression. The reason for the same is by leaving the minority shareholder in the dark about the status of the corporations and the actions of its officers and directors the minority shareholder will be unaware of the other forms of oppression...
Credit Card Reform - What Does It Mean?
Posted on July 20, 2009Timothy P. Duggan, Shareholder and Chair of Stark & Stark's Bankruptcy & Creditor's Rights group, authored the article, Credit Card Reform - What Does It Mean?, for the July 2009 edition of Mercer Business Magazine. The article discusses the Credit Card Accountability, Responsibility and Disclosure Act which was signed by President Barack Obama in May of 2009...
Stark & Stark Shareholder Comments on Feeder Funds Ruling
Posted on July 16, 2009Stark & Stark Securities group Shareholder, Bill Singer, was quoted in the July 16, 2009 New Jersey Law Journal article, Feeder Funds Held Subject to Commodity Pool Regulation. The article discusses Monday's U.S. 3rd Circuit Court of Appeals ruling which states, 'A fund that solicits money from investors for trading in commodity futures is subject to registration and regulation as a commodity pool operator, even if it does no trading itself...
Stark & Stark Shareholder to Present at NJICLE Non-Compete Seminar
Posted on July 15, 2009Thomas B. Lewis, Chair of Stark & Stark's Employment group, will serve as a speaker at the New Jersey Institute for Continuing Legal Education's seminar entitled, Current Issues Involving Non-Compete Agreements, Protection of Trade Secrets and the Duty of Loyalty...
Death During Divorce Proceedings
Posted on July 10, 2009Usually, when a spouse dies in the midst of divorce litigation, significant problems arise. The first is that upon the death of a spouse prior to entry of Final Judgment effectively terminates the divorce proceedings. See Carr v. Carr, 120 N...
Stark & Stark Condominium Client Places into Rent Receivership an Affordable Housing Unit in Foreclosure
Posted on July 09, 2009A Stark & Stark Community Association Group client recently defeated both the related municipality and unit's mortgagee and put an affordable housing unit into rent receivership. The condominium unit in question was abandoned by the owner; a low income woman who had qualified for the purchase of an affordable housing unit, as governed by New Jersey's Fair Housing Act and Council on Affordable Housing ("COAH")...
Recent Case Law Under the Employee Polygraph Protection Act
Posted on July 06, 2009Michael J. Brittan, member of Stark & Stark's Employment group, co-authored the article Recent Case Law Under the Employee Polygraph Protection Act: A Practical Review, for the June 2009 issue of the Privacy & Data Security Law Journal. The article discusses the most recent case law relating to the Employee Polygraph Protection Act (EPPA) and provides employers guidelines for complying with the EPPA...
Recent Fannie Mae and Freddie Mac Regulations Impact the Sale of Condominiums
Posted on July 02, 2009Fannie Mae and Freddie Mac (along with the Federal Housing Administration) purchase or guarantee the vast majority of mortgages in this country. Obviously then, any toughening of their lending standards could have a major impact on the housing market...
Stark & Stark Shareholder Comments on Madoff Sentencing
Posted on June 30, 2009Bill Singer, Shareholder in Stark & Stark's Securities group, was interviewed yesterday on CBC News. Mr. Singer commented on the 150-year sentence delivered to Bernard Madoff in response to the tens of billions of dollars he stole from hundreds of investors in his Ponzi scheme...
The Status of Affordable Housing Units After a Foreclosure and Involuntary Sale
Posted on June 30, 2009David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Association group, authored the article, The Status of Affordable Housing Units After a Foreclosure and Involuntary Sale, for the June 22, 2009 edition of the New Jersey Law Journal...
The Impacts of Family Leave Insurance
Posted on June 29, 2009With the advent of the newest employee benefit in New Jersey, business owners ask what impact Family Leave Insurance will have on the employer's discretion to terminate employment due to business conditions or other considerations. The Legislature has made it clear that the amendments to the Temporary Disability Benefits law, commonly known as the 'Paid Family Leave Act', confer a monetary benefit, but not a leave entitlement...
How to Immediately Cut Your Company's Energy Costs and Control Energy Expenses in the Future
Posted on June 25, 2009Vincent J. Mangini, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use group, will present a seminar entitled How to Immediately Cut Your Company's Energy Costs and Control Energy Expenses in the Future in conjunction with New Jersey's Clean Energy Program and its New Jersey SmartStart Buildings program...
How Restrictive Covenants May Affect Your Property
Posted on June 24, 2009Most transfers of title to real estate are made subject to "easement and restrictions of record, if any." Easements may be varied, but usually involve access rights for utilities, or perhaps a driveway easement to share a driveway with a neighbor...
Schmidhausler v. Planning Board of Borough of Lake Como: Remedy for Vote by Ineligible Board Member
Posted on June 16, 2009Recently, in the matter of Schmidhausler v. Planning Board of Borough of Lake Como, the Appellate Division of the New Jersey Superior Court addressed, among other issues, what the remedy for an aggrieved party should be when a municipal board renders a decision on an application for development under the Municipal Land Use Law that is tainted by the failure of one of its members to read or listen to the testimony presented on the matter during a prior meeting in violation of N...
FDA Issues Hydroxycut® Warning, Makers Issue Voluntary Recall
Posted on June 15, 2009Hydroxycut®, the group of dietary supplements which claim to be fitness and weight loss aids, have recently been linked to severe, and sometimes life threatening injuries. Recent reports state that these injuries include damage to the liver, kidneys and other internal organs, rhabdomyolysis (severe muscle damage), cardiovascular disorders and even death...
Marital Settlement Agreement Bars Request for Financial Relief
Posted on June 10, 2009In a just-decided case (Bello-Englesbe v. Englesbe, decided June 5, 2009), a New Jersey appeals court rejected a father's request to reduce child support based on terms of his Marital Settlement Agreement (MSA). The two judge panel ruled that the MSA failed to establish an income baseline from which an application for relief from a support obligation could be measured...
Having the Law on Your Side: Experienced legal counsel can ease the path to independence
Posted on June 09, 2009Brian A. Carlis, Shareholder in Stark & Stark Securities group, authored the article Having the Law on Your Side: Experienced legal counsel can ease the path to independence as part of the 2009 InvestmentNews What You Need to Know About Going Independent Workshop Series...
Gay Marriage Legalized in New Hampshire
Posted on June 08, 2009New Hampshire has now become the 6th state to legalize same sex marriage, with Massachusetts, Connecticut, Iowa, Vermont, and Maine as its predecessors. In addition, New Jersey and California allow civil unions. The effect of the New Hampshire decision is that the state will now provide gay couples the same rights and privileges of heterosexual couples...
How Do I Franchise My Business
Posted on June 05, 2009Adam J. Siegehleim, member of Stark & Stark's Franchise group, has created a short web video entitled How to Franchise Your Business In Plain English. The video, inspired by CommonCraft, explains the step-by-step process of turning your business into a successful franchise system...
How Divorce Affects Your Heath Insurance Benefits
Posted on June 04, 2009This week, William Roseman, the Mayor of Carlstadt in Bergen County, New Jersey, and his former wife, were convicted of stealing health insurance benefits. One may ask, how do you steal heath insurance? The answer is by failing to inform your health insurance carrier of entry of the final judgment of divorce...
Appellate Court Validates Condominium Board's Interpretation of "Repairs" & "Maintenance"
Posted on June 02, 2009Appellate Court Affirms Rockland County Supreme Court's Reliance Upon the Business Judgment Rule to Uphold Board's Decision to Make a Construction Contract without Owner Vote In or around 2007 a condominium board of managers contracted for certain construction work on its buildings...
The Role of Forensic Financial Investigations in a Divorce
Posted on June 01, 2009Legal Briefs On Divorce is a video podcast series providing viewers with a discussion on timely news and insight on current trends impacting divorce. This installment of Legal Briefs On Divorce is an interview with John S. Eory, Shareholder in Stark & Stark's Divorce Group, and Tom Hoberman, CPA with the accounting firm of WithumSmith + Brown...
Credit Card Holders "Bill of Rights"
Posted on May 28, 2009On May 20, 2009, Congress passed a credit card holders' "Bill of Rights" that will enact sweeping new restrictions on the credit card industry and provide numerous protections for consumers. Treasury Secretary Timothy Geithner said that the bill would "create a more fair, transparent and simple consumer credit market...
Disclosure of Property Conditions When Selling a Home
Posted on May 27, 2009Selling a home and wondering what physical conditions at the premises need to be disclosed to a potential new buyer? Everyone wants to present a positive picture of their home, especially during a slow real estate market. But it is usually in a seller's best interest to thoroughly disclose any defects which are not readily observable...
Stark & Stark Shareholder Comments on Recent Dow Jones Activity
Posted on May 27, 2009Bill Singer, Shareholder in Stark & Stark's Securities group, was quoted in the May 20, 2009 Forbes.com article Our See-Sawing Markets: The Dow Jones industrial average just ended a streak where it alternated up and down for 13 sessions...
New Jersey Council: Assessments and Collections
Posted on May 26, 2009Stark & Stark Community Associations Group Co-Chair, A. Christopher Florio, will present at seminar for the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute entitled, New Jersey Council: Assessments and Collections...
Stark & Stark Shareholder Comments on Enforcement of Brokers Bonus Repayment
Posted on May 22, 2009Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Litigation group, was quoted in the May 7, 2009 Dow Jones article, BROKER'S WORLD: Brokers Fight Bonus Repayment - And Lose. The article discusses the recent rise in companies enforcing the repayment of signing and retention bonuses...
Collection Remedies Available to Condominium and Homeowners Associations
Posted on May 21, 2009Stephen M. Lasser, a Partner in Stark & Stark's Condominium and Co-op Practice Group, presented materials to Board Members on the collection remedies available to condominiums and homeowners associations, in conjunction with David J. Byrne, Partner and Co-Chairperson of Stark & Stark's Condominium and Co-op Practice Group, during a seminar hosted by ASSOCIA/River Management...
Stark & Stark Partner Presents Seminar on Internal Collections Remedies and Community Association-Related Federal and New York Laws at the ASSOCIA/River Management Board Member Program
Posted on May 21, 2009David J. Byrne, Partner and Co-Chairperson of Stark & Stark's Condominium and Co-Op Practice Group, presented materials related to collections and the impact of various federal and New York laws on community associations, in conjunction with Stephen M...
Litigation Strategies For Business Seminar
Posted on May 20, 2009Shareholders from Stark & Stark's Litigation group will hold a free seminar entitled Litigation Strategies For Business Wednesday June 24, 2009 at 9:00 AM in the firm's Lawrenceville office. Join Stark& Stark's Litigation attorneys as they assist you in developing a strategic plan that minimizes the impact commercial litigation has on your business...
A Brief History of Land Title in New Jersey
Posted on May 19, 2009Ever wonder who first held official title to what is now known as New Jersey? Although Native Americans were living here at the time, the British Crown originally laid claim to the lands in this state in 1663. In June 1664, King Charles II made a land grant to his brother, James, Duke of York, which included the lands in New Jersey...
Shared Parenting Time and Child Support
Posted on May 18, 2009The New Jersey Child Support Guidelines require that one party be designated as the Parent of Primary Residence. In most situations, the Parent of Primary Residence is clear. However, in shared parenting time arrangements, neither parent is technically Parent of Primary Residence, because the parties have equal overnight parenting time with the children...
Court Rules Against Property in Case Where Tenant Was Relocated But the Property Was Never Taken
Posted on May 15, 2009What recourse, if any, does a property owner have when the government relocates a tenant to a new property in anticipation of acquiring the first property by eminent domain, but subsequently decides not to take the property? The answer depends on the length and terms of the lease...
Stark & Stark Shareholder Serves as Panelist for New Jersey Law Journal Green Building in New Jersey Roundtbale Discussion
Posted on May 14, 2009Stark & Stark Real Estate, Zoning & Land Use Shareholder, Vincent J. Mangini, was a featured panelist for the New Jersey Law Journal's May 4, 2009 Green Building in New Jersey Roundtbale discussion. Green building is a rapidly growing, complex and evolving field which requires hard-to-come-by expertise...
Contesting a Will In New Jersey
Posted on May 13, 2009It is an eventuality that virtually all of us will face sometime during our lives, the loss of a loved one. Whether this loved one is one of your parents, a sibling, a relative, or a friend, litigation may arise concerning the Probate of their Will in order to administer their Estate...
Stark & Stark Shareholder Named Mercer County Professional Lawyer of the Year
Posted on May 12, 2009The Mercer County Bar Association (MCBA) officially announced John S. Eory, of Stark & Stark's Divorce Group, as its recipient of the Mercer County Professional Lawyer of the Year Award. The award will be formally presented at the Mercer County Bar Association General Membership 'Beefsteak' honoring retiring Judges from the Mercer Vicinage on Thursday, May 21, 2009, at 6:00 p...
Follow-Up To Senate Economic Growth Committee Approval of Bill for Conversion of Age-Restricted Communities
Posted on May 11, 2009On March 2, 2009 I wrote a blog discussing the Senate Economic Growth Committee's approval of a bill for conversion of Age-Restricted Communities. As expected over the past several weeks, Governor Corzine conditionally vetoed the bill providing for conversion of age-restricted residential properties (commonly referred to as the 55+ bill)...
What is the status of currently pending litigation against bisphosphonate manufacturers?
Posted on May 11, 2009Currently, a large number of cases against bisphosphonate manufacturers have been designated as Mass Tort or Multidistrict Litigation (MDL) cases. Mass Tort cases (in State courts) and MDL's (in federal courts) are methods of organizing and managing cases involving the same or similar injuries and common defendants...
New Jersey Supreme Court Sides With Property Owner in Dispute Over Legal Fees in Eminent Domain Case
Posted on May 08, 2009On April 9, 2009, the New Jersey Supreme Court reversed the decision of the Appellate Division in a case analyzing a condemning authority's obligation to reimburse a property owner for legal fees and expenses in a condemnation case. Township of West Orange v...
Stark & Stark Shareholder Warns Against Allure of Online Foreign-Currency Trading
Posted on May 07, 2009Bill Singer, Shareholder in Stark & Stark's Securities group, was quoted in the April 19, 2009 New York Post article Caught in the Currency. The article discusses the recent rise in online foreign-currency trading in the wake of steep losses in the stock and housing markets...
Telephone Recordings and Emails Are Legal, and Common, In Divorce Cases
Posted on May 06, 2009A case decided by the New Jersey Appellate Court on April 14, 2009, Brown v. Brown, reminds us of the significance of telephone recordings and emails in regards to divorce cases. There is a misconception among many people that it is illegal to tape record telephone conversations...
Commercial Landlords Beware: Questions To Ask Before Removing, Disposing or Returning Property Left By Tenants
Posted on May 05, 2009Many commercial tenants are facing a severe downturn in revenue, which often equates to not paying their monthly rent. Sometimes, commercial landlords can work with a delinquent tenant by offering more favorable terms or concessions. Reduction in the cost per square foot or placing rental arrears on the backend of a lease can be solutions to keeping a store active by that tenant...
What are the possible side-effects of bisphosphonate treatment?
Posted on May 04, 2009Studies show that the most commonly reported side-effects of bisphosphonate treatment are: 1) Osteonecrosis of the Jaw; and 2) low-trauma bone fractures. What is Osteonecrosis of the Jaw? Studies show that Osteonecrosis of the Jaw (ONJ) or Bisphosphonate Osteonecrosis of the Jaw (BONJ) is a disease where the jawbone does not heal from injury...
Disposition of Personal Property After A Divorce
Posted on May 04, 2009The disposition of personal property located in the former marital residence is often overlooked in settlement discussions. This issue of who gets to keep the 'comfy green couch' may seem trivial when you are in the midst of spending countless hours negotiating an alimony award or a complicated custody arrangement...
Real Estate Appraisal for Your Divorce
Posted on May 01, 2009Legal Briefs On Divorce is a video podcast series providing viewers with a discussion on timely news and insight on current trends impacting divorce. This installment of Legal Briefs On Divorce is an interview with John S. Eory, Shareholder in Stark & Stark's Divorce Group, and Richard Carabelli, Jr...
Mandatory Insurance for Contractors and Developers Seen as a Solution to Defunct Companies
Posted on April 30, 2009In New Jersey, new home builders are not required to have general liability insurance. As a result, purchasers of new homes and condominium units are sometimes left without recourse in the event that their home was not constructed properly. As discussed in several Superior Court opinions, the New Home Warranty Program is ineffectual at best and is rarely an advisable option...
Stark & Stark Shareholder Authors Articles Discussing SEC Bid Test and Recent FINRA Disciplinary Case
Posted on April 30, 2009Stark & Stark Securities group Shareholder, Bill Singer, is the author of a weekly column, Intelligent Investing, for Forbes Magazine. The column focuses on Wall Street regulatory developments and discusses regulation from the individual investor's point of view...
Assets: Are They Real??? How to Protect Your Assets During A Divorce
Posted on April 29, 2009The plethora of recent ponzi schemes, frauds and scams poses a new challenge for divorce attorneys and litigants throughout New Jersey and the country. Are the accounts real or are they the subject of scam which may ultimately prove them to be worthless? It is bad enough that many divorce litigants know that their 401K or other accounts are 50% of last years' value, even worse if they subsequently learn that event their remaining accounts have been strip of value by 'Madoff type' managers...
Redevelopment Procedures - Adequate Record
Posted on April 29, 2009Although municipal boards are not bound by the strict rules of evidence during the conduct of proceedings, their findings and determinations must be based upon substantial credible evidence created in the record. This applies when a municipal board acts in a quasi-judicial capacity during the review of applications for development under the Municipal Land Use Law, N...
Are You Oppressed? Truth and Consequences for Minority Shareholders
Posted on April 27, 2009Minority shareholders in closely held corporations often find themselves on the outside looking in when it comes to managing the daily affairs and making important corporate decisions regarding the corporation in which they have invested. The reason for this circumstance is that, generally, the majority shareholders of a closely held corporation constitute the management of the corporation and, therefore, maintain control...
Palimony in Writing Bill Passed By New Jersey Senate Committee
Posted on April 27, 2009Palimony cases have provided attorneys and judges with vexing factual and legal issues, largely as the result of competing versions of what was intended by the parties. Was there a promise to support someone for life? What if the promising party dies and the estate is sued? Now that actual cohabitation is no longer a necessary element of palimony ( Devaney v...
What are bisphosphonates?
Posted on April 27, 2009Bisphosphonates are a class of drugs that drug companies claim promote bone regeneration. Bisphosphonates are commonly sold under various brand names including Fosamax®, Actonel®, Aredia® and Zometa®. These drugs are manufactured by pharmaceutical companies such as Merck, Novartis, Proctor & Gamble and Sanofi-Aventis...
Statute of Repose Once Again Clarified by the New Jersey Appellate Division
Posted on April 24, 2009The New Jersey Appellate Division recently decided the matter of McGinty v. K. Hovnanian at Somerset, A-6100-07 (March 17, 2009), in which the Plaintiffs argued that a leak in their condominium unit in 1985 gave rise to a lawsuit filed in 2004. The Plaintiffs, parents and children, lived in the home from 1985 until 1990...
Title Dispute? Consider A Quiet Title Action
Posted on April 22, 2009To resolve certain disputes which can arise over title to real estate, the New Jersey legislature has provided a process by which a party in possession of the real estate can protect or clear up the title to his property. If another person or entity raises a claim, or disputes the title to the property in some way, then the party in possession of the property may wish to commence a lawsuit to "quiet title" and thus resolve any outstanding issues relating to the title...
Governor Corzine Signs Reidential Development Solar Energy Systems Act Into Law
Posted on April 17, 2009On March 31, 2009, Governor Jon Corzine signed into law new legislation known as the Residential Development Solar Energy Systems Act. (P.L. 2009, c.33) codified at N.J.S.A. 52:27D-141.1, et seq.. The Act requires developers of residential developments containing 25 or more single-family dwelling units to disclose in advertising and offer to install solar energy systems...
Governor Corzine Signs Residential Development Solar Energy Systems Act Into Law
Posted on April 17, 2009On March 31, 2009, Governor Jon Corzine signed into law new legislation known as the Residential Development Solar Energy Systems Act. (P.L. 2009, c.33) codified at N.J.S.A. 52:27D-141.1, et seq.. The Act requires developers of residential developments containing 25 or more single-family dwelling units to disclose in advertising and offer to install solar energy systems...
Stark & Stark Shareholder Presents Using Mediation, Arbitration & ADR Seminar at 2009 Cooperator Expo
Posted on April 16, 2009Stephen M. Lasser, Partner in Stark & Stark's Condominium and Co-op Group, presented a seminar at the New York Cooperator Expo on April 7, 2009 in conjunction with David J. Byrne, entitled Using Mediation, Arbitration & ADR to Avoid or Minimize Conflict...
Stark & Stark Shareholder Presents Mediation, Arbitration and Alternative Dispute Resolution Seminar at the New York Cooperator's Expo
Posted on April 16, 2009David J. Byrne, Partner and Co-Chairperson of Stark & Stark's Condominium and Co-Op Practice Group, presented materials related to mediation, arbitration and alternative dispute resolution, in conjunction with Stephen M. Lasser, during a seminar entitled Neighbors at War - Real-Life Arbitration...
President Obama's Home Buyer Tax Credit and Your Divorce
Posted on April 15, 2009In February, President Barack Obama signed an economic stimulus bill which includes a hefty $8,000 first time home buyer tax credit. This tax credit is refundable, meaning that tax filers will see a refund of the full $8,000, even if their total tax bill was less than this amount...
Tale of New Jersey Governors and Rock Stars: Reasons Why New Jersey Should Be a "No Fault" Divorce State
Posted on April 15, 2009For more than two decades New Jersey legal scholars, Courts and Legislature have tried valiantly to make a NJ a "no fault" divorce state. Why? To protect litigants from the unnecessary humiliation of disclosing highly personal information, and to recognize that there are at least two sides to every story and/or very often underlying reasons for a person's conduct...
Gay Marriage Veto Overturned in Vermont
Posted on April 10, 2009This week in Vermont, the legislature overturned the Governor's veto of the gay marriage bill. The effect of this decision is that Vermont will be the fourth state in the United States to legalize gay marriage, providing gay couples the same rights and privileges of heterosexual couples...
A Safe Harbor for Employment Claims
Posted on April 09, 2009Thomas B. Lewis, Chair of Stark & Stark's Employment Group, and Michael J. Brittan, member of Stark & Stark's Employment group, authored an article for the Monday March 30, 2009 edition of the New Jersey Law Journal entitled A Safe Harbor for Employment Claims: Ensure minimal liability from discrimination claims...
Stark & Stark Shareholder Comments on Breach of Protocol for Broker Recruiting
Posted on April 06, 2009Thomas B. Lewis, Shareholder and member of Stark & Stark's Employment group, was quoted in the April 1, 2009 OnWallStreet.com article The Last Weapon. The article discusses the increased rise in advisors being accused of taking classified client information as a breach of the Protocol for Broker Recruiting when leaving a current firm...
Court Permits Suit to Continue Against Subcontractor
Posted on April 06, 2009The New Jersey Superior Court recently found that under New Jersey law, when used properly, the fictitious party practice allows a plaintiff to join a specific subcontractor more than 10 years from the date of it's work. In Society Hill at University Heights III Condominium Association, Inc...
Stark & Stark Shareholder Comments on Kara Homes Bankruptcy Update
Posted on April 03, 2009Timothy P. Duggan, Shareholder in Stark & Stark's Bankruptcy & Creditor's Rights group, was quoted in the March 29, 2009 Asbury Park Press article, Already owed thousands, Kara Homes contractors now told to pay back what they already got...
Help Available for Delinquent Loans
Posted on April 03, 2009Loss of a job, unexpected medical bills, divorce, or other difficult circumstances can cause a homeowner to fall behind in his/her mortgage payments. Many lending institutions are offering assistance and payment alternatives to delinquent homeowners...
Gary Marriage Constitutional in Iowa
Posted on April 03, 2009Today, in Iowa, the State Supreme Court unanimously held that prohibiting gay marriage violates the Iowa Constitution. The effect of this decision is that there will be yet another state where gay couples will be entitle to the same rights and privileges of heterosexual couples...
Representing HOAs and Condominiums in Transition During A Challenging and Difficult Time
Posted on April 02, 2009David J. Byrne, Shareholder in Stark & Stark's Community Association group, authored an article for the March 23, 2009 edition of the New Jersey Law Journal entitled Representing HOAs and Condominiums in Transition During A Challenging and Difficult Time...
Live Interview From The 2009 International Franchise Expo
Posted on April 01, 2009This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Bruce Bloom, President of Bloom & Associates, Inc. The interview took place at the 2009 International Franchise Expo in Washington, DC...
Are Obama's Financial Regulators Weak Links?
Posted on April 01, 2009Bill Singer, Shareholder in Stark & Stark's Securities group, was quoted in the March 27, 2009 Newsweek article, Are Obama's Financial Regulators Weak Links? Mr. Singer comments on the qualifications of Mary Schapiro as she serves as chairman of the Securities and Exchange Commission...
How Divorces Impact Mortgages
Posted on April 01, 2009Legal Briefs On Divorce is a video podcast series providing viewers with a discussion on timely news and legislative updates impacting divorce. This installment of Legal Briefs On Divorce is an interview with John S. Eory, Shareholder in Stark & Stark's Divorce Group, and Len Rossine, Divorce Lending Specialist with Countrywide Home Loans...
Redeveloper Agreements - Designating the Redeveloper
Posted on March 31, 2009Under the Local Redevelopment and Housing Law (LRHL), a redevelopment entity is allowed to enter into a contract with a private redeveloper. The redevelopment entity is allowed broad discretion in selecting a private redeveloper and currently no specific statutory guidelines for the designation of a redeveloper exist...
Stark & Stark Shareholder Serves as Keynote Speaker at Barron's Top Independent Advisors Summit
Posted on March 30, 2009Thomas D. Giachetti, Shareholder and Chair of Stark & Stark's Securities group will serve as the Keynote Speaker at the Barron's Winner's Circle Top Independent Advisors Summit Wednesday May 6 - Friday May 8, 2009 in Scottsdale, Arizona. The conference offers attendees the opportunity to meet and network with the leaders and opinion-shapers of the independent advisory profession...
Squeeze-Out Technique: Excessive Compensation
Posted on March 27, 2009Another form of minority oppression involves the majority shareholders awarding excessive compensation to themselves and/or members of their family. This often occurs to the detriment to the minority shareholder and the corporation itself. Examples of excessive compensation have been found in the form of bonuses, salaries, pensions, profit sharing plans, and overly generous expense accounts and perks...
What You Need To Know About The New Jersey Paid Family Leave Law
Posted on March 26, 2009As most New Jersey employers and employees alike are aware, since January 1, 2009, payroll deductions have been taken to fund New Jersey's Paid Family Leave benefit. Paid leave benefits themselves, however, only become available as of July 1, 2009...
NuvaRing® Claims Become the Subject of Multi-District Litigation and Mass Tort Treatment
Posted on March 25, 2009NuvaRing® is purported to be a once-a-month, combined contraceptive vaginal ring that provides month-long birth control by emitting a continuous dose of estrogen and progestin for 21 days. NuvaRing® is manufactured by Organon and Akzo Nobel (now divisions of Schering Plough)...
Cohabitation As Changed Circumstances For Modification Of Alimony
Posted on March 25, 2009Cohabitation by the supported spouse is often raised as a reason to terminate alimony by the paying spouse. Several decisions have been written by the Appellate Division in the past few months concerning cohabitation and how it effects alimony. In the case of Olito v...
Stark & Stark Shareholder Presents Seminar to Community Associations Institute - Pennsylvania & Delaware Valley Chapters
Posted on March 24, 2009David J. Byrne, Shareholder in Stark & Stark's Community Association group, presented materials related to Community Associations, and their rights and obligations in relation to the various fair housing statutes, ordinances and/or regulations that are applicable to them...
Pre-Nuptial Agreements
Posted on March 23, 2009Pre-nuptial Agreements are becoming increasingly common and are most often used when there are significant pre-marital assets, which has become a growing trend over the past several years as people are marrying later into their twenties and thirties or in cases of re-marriage...
Squeeze-Out Technique: Termination of the Minority Shareholder's Employment
Posted on March 20, 2009The termination of a minority shareholder's employment; the reduction of their salary; and/or the termination of their spouses' and/or children's employment frequently have devastating consequences. It is common that the terminated minority shareholder's only source of income was the closely-held business in which they hold an ownership interest...
Limited Duration Alimony Versus Permanent Alimony
Posted on March 19, 2009In divorce cases where alimony is an issue, it is not merely an issue of amount. The length of time must also be decided. Prior to 1999, there were only two types of alimony pursuant to legislation B permanent and rehabilitative. The law was amended in September, 1999, to add limited duration alimony and reimbursement alimony...
Stark & Stark Shareholder to Present at Investment News Workshop Series
Posted on March 18, 2009Brian A. Carlis, Shareholder and member of Stark & Stark's Securities Compliance & Arbitration group, will be a featured presenter at the Investment News 2009 Going Independent Workshop. The workshops will take place Monday, April 27, 2009 at the Hyatt Pier 66 Resort, Ft...
Who Gets the Pet?
Posted on March 17, 2009In a case of first impression, a New Jersey appeals court has ordered that the legal doctrine of "specific performance" applies to ownership of an estranged couple's pet dog and that payment of money damages cannot compensate for the "special subjective benefits" of pet ownership...
Stark & Stark Shareholder Quoted in Smith Barney InvestmentNews.com Article
Posted on March 16, 2009Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the Monday March 2, 2009 InvestmentNews.com article Judge clears two ex-Smith Barney brokers. Last Thursday two ex-Smith Barney brokers, William Meyer and Marcy LePrell, were cleared of allegations that they took private client information to their new firm...
New Jersey Division of Taxation Add New Regulations to Sales Tax
Posted on March 13, 2009Effective December 1, 2008, landscaping services, certain flooring installation services and alarm or security system installations are subject to sales tax. Sales taxes must be collected and remitted by the prime contractor or subcontractor supplying the services...
Stark & Stark Shareholders to Present Strategies For Commercial Litigation Seminar
Posted on March 12, 2009Shareholders from Stark & Stark's Litigation group will hold a free seminar entitled Strategies For Commercial Litigation Wednesday March 25, 2009 at 9:00 AM in the firm's Lawrenceville office. The seminar will discuss how to develop a strategic plan for your business that minimizes the impact of commercial litigation...
If You Snooze It Is Harder to Lose: Property Boundary Disputes and the Evolution of the Doctrine of Adverse Possession in New York
Posted on March 12, 2009The doctrine of adverse possession has a long history in New York as a means of resolving property boundary disputes between neighbors, and can be succinctly summarized as follows: If I build a structure on your property and you do not do anything about it for ten years, the property where the structure is located becomes my property...
Medical Reimbursement
Posted on March 11, 2009There is a strong preference in New Jersey for parents to share joint legal custody of their children. Joint legal custody is where the parties agree to consult with each other on major decisions affecting the welfare of the children. One of the parents is then designated as the Parent of Primary Residence and the other is the Parent of Alternate residence...
Stark & Stark Shareholder Highlighted in Registered Rep. Article
Posted on March 11, 2009Bill Singer, Shareholder and member of Stark & Stark's Securities group, was featured in the March 6, 2009 article entitled Gadfly to FINRA: 'Better,' 'Fairer' Regulation Please on RegisteredRep.com. On Thursday March 5, 2009, FINRA issued a press release entitled FINRA Announces Creation of "Office of the Whistleblower": Dedicated Team to Handle High-Risk Tips...
Stark & Stark Attorney Serves as Co-Panelist on Camden County Bar Foundation's Legally Speaking
Posted on March 10, 2009Michael J. Fekete, member of Stark & Stark's Business & Corporate group, served as Co-Panelist on the Camden County Bar Foundation's weekly television show, Legally Speaking. The show featured a discussion on alternative dispute resolution. More specifically, Mr...
Redevelopment Procedures - Unsworn Testimony
Posted on March 09, 2009In order for the evidence adduced during municipal board hearings to be relied upon in making factual findings it must in every instance be given under oath. Indeed, even in settings where the rules of evidence are relaxed the Appellate Division of the New Jersey Superior Court has recognized 'the importance of administering the oath before a witness may testify...
Live Interview From The International Franchise Association's 2009 Annual Convention
Posted on March 03, 2009A Panoramic Discussion of the Squeeze-Out Techniques Often Used By Majority Shareholders
Posted on February 27, 2009Stark & Stark Shareholder to Present at 2009 NJICLE Land Use Update
Posted on February 25, 2009Gary S. Forshner, Shareholder and member of Stark & Stark's Real Estate, Zoning & Land Use group, will be a featured presenter at the New Jersey Institute for Continuing Legal Education's 2009 Land Use Update. The seminars will be held Wednesday March 4, 2009 from 12:00 PM - 4:00 PM at the DoubleTree Guest Suites Hotel, Mt...
Who Has The Burden Of Proof In Cases For Modification Of Alimony Due To Cohabitation
Posted on February 25, 2009There are two inquiries which must be made in order to determine whether cohabitation is a changed circumstance which will allow modification of alimony. The first is whether the supported spouse and the cohabitant have a relatively permanent household which may be characterized as a family unit...
Redevelopment - Waiver of Right to Appeal
Posted on February 24, 2009A person whose property has been condemned and who is involved in litigation with the condemning authority over the validity of the taking will lose the right to continue the appeal if they withdraw all or any portion of the funds on deposit with the court pursuant to the Eminent Domain Act of 1971, N...
Condominium Association can Prosecute Claim Against Contractor for Damage to Unit Owner Property
Posted on February 23, 2009The New Jersey Superior Court recently found that a condominium association that hired a contractor to install a window wall system on the 15th floor of the high-rise building can bring a suit for improper installation of the windows, and water intrusion, even though windows are unit owner property pursuant to the Master Deed...
Moving to New Jersey from another state/country, and have an existing Court Order?
Posted on February 20, 2009An out of state Order must be registered in the state of New Jersey to be enforceable. Once registered, the Order is enforceable in the same manner and is subject to the same procedures as an ordered issued by a Court in the state of New Jersey...
New Jersey's Towing Companies Lobby For Amendments To The Predatory Towing Prevention Act
Posted on February 18, 2009In October, 2007, Governor Corzine signed into law the "Predatory Towing Prevention Act" (the "Act"). The Act became effective on October 19, 2008, and can be found at N.J.S.A. 56:13-7 et al. While the Act became "effective" on October 19, 2008, the registration provisions of it have not yet become operative...
Modification of Child Support and Alimony Obligations
Posted on February 16, 2009Litigants seeking a reduction in these obligations must be aware that an application for a reduction in alimony and child support must prove that a significant chance in circumstances has occurred warranting a modification of support. While one may initially think that the loss of one’s job certainly must constitute a significant change in circumstances, the Court has long held that temporary changes in income do not serve as a basis to modify child support...
Stark & Stark Shareholders Present Seminar to Aid Co-ops and Condominiums in Managing Costs & Risks in Challenging & Uncertain Economic Times - Part 1
Posted on February 12, 2009David J. Byrne and Stephen M. Lasser, Shareholders in Stark & Stark's Co-Op & Condominium Group, presented materials related to the challenging & uncertain economic times, and how co-ops and condominiums can better manage their costs & risks...
Stark & Stark Shareholders Present Seminar to Aid Co-ops and Condominiums in Managing Costs & Risks in Challenging & Uncertain Economic Times - Part 2
Posted on February 12, 2009David J. Byrne and Stephen M. Lasser, Shareholders in Stark & Stark's Co-Op & Condominium Group, presented materials related to the challenging & uncertain economic times, and how co-ops and condominiums can better manage their costs & risks...
Stark & Stark's Community Association Group Secures Settlement on Behalf of Condominium With Troubled Fire Suppression System
Posted on February 12, 2009Stark & Stark recently secured a large settlement on behalf of a 372 unit Edison, New Jersey condominium, which was burdened with defective fire suppression system components that were also improperly installed. The condominium was represented by Stark & Stark Shareholders David J...
Limited Duration Alimony
Posted on February 06, 2009On January 27, 2009, the New Jersey Appellate Division issued an Opinion in the case of Valente v. Valente which shed light on whether alimony should be permanent or of limited duration in an "intermediate length marriage" of 11+ years. The Court concluded that given the duration of the marriage, the ages of the parties (42) and other factors prescribed by the statute, an award of permanent alimony was not warranted...
Stark & Stark Shareholder Quoted in Wall Street Journal Article
Posted on February 05, 2009Brian A. Carlis, Shareholder and member of Stark & Stark's Securities group, was quoted in the Sunday February 1, 2009 Wall Street Journal article, Stay Mum When Switching Firms. The article discusses what brokers should, and more importantly, should not do when contemplating switching firms...
Stark & Stark Shareholder Comments on Bank of America CEO
Posted on February 05, 2009Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the January 13, 2009 Daily Report article, CEO may be rethinking BofA's 'crown jewel'. Mr. Lewis comments on Bank of America Chief Executive Officer Ken Lewis' reputation for not appreciating the nuances of the client-broker relationship, and the other pitfalls Lewis has made over the past several weeks...
Quick Practical Tips To Avoid Being "Sacked" By An Above-Guideline Child Support Calculation Litigation
Posted on February 04, 2009Strahan v Strahan After the Appellate Division released their decision in Strahan v Strahan, there has been much debate and discussion concerning whether or not that the days of liberal child support awards that exceed the established NJ Child Support Guideline amount have been “sacked” by Justice Parker’s opinion...
Income Averaging in Your Divorce
Posted on February 03, 2009When making a determination regarding child support or alimony (i.e. spousal support), each party is required to submit information reflecting their incomes, including current pay stubs, W-2s, and tax returns. What is important to know is that where a person’s income fluctuates substantially from year to year, such as in situations where a party owns his or her own business or receives varying bonuses or commissions, there is case law in the State of New Jersey supporting the implementation of income averaging...
Employer/Employee Relationships: Non-Compete, Confidentiality and Non-Solicitation Clauses
Posted on February 02, 2009During recessionary times, most people are acutely aware of the general business relationship they have with their employer. Few, however, fully appreciate the legal duties they may owe their employer as a result of documents they signed when they joined the company...
Squeezed Out By Your Business Partner?
Posted on February 02, 2009A minority shareholder can suffer catastrophic damages in a squeeze-out or oppressive situation. In such a dilemma, the minority shareholder may be deprived of any effective voice in the making of business decisions. Moreover, they could be locked out of the company’s premises, lose their job and be denied access to important information...
Bankruptcy Basics for Boards - Chapter 7 Debtors' Liability for Post-Petition Assessments
Posted on February 02, 2009With the downturn in the economy, many New Jersey residents are strapped for cash. A possible reprieve for some people is to file for bankruptcy protection. In the past, many unit owners with equity in their units would simply file for Chapter 13 bankruptcy protection...
Association Permitted to Maintain Construction Defect Lawsuit Against Sponsor after Successful Lawsuit to Compel Sponsor's Production of Plans, Documents and Relevant Information
Posted on February 02, 2009Stark & Stark’s Community Association Group successfully represented and represents a condominium in the face of a sponsor attempt to preclude its construction defect case. The New Jersey Superior Court recently found that a condominium association, which was forced to file suit in order to obtain statutorily required documents from its sponsor, was not barred from bringing a subsequent lawsuit for construction defects with respect to the common elements...
Property Tax Assessment Audit - Are You Being Improperly Taxed?
Posted on February 02, 2009As a general rule, common property should not be separately assessed by your municipality. However, many associations are paying property taxes on common property as a matter of course, not realizing the property should be assessed at a minimum or no value...
Handling, and Protecting the Association, with respect to a Mortgage Company Foreclosure
Posted on February 02, 2009Undoubtedly, your community has seen its share of mortgage company foreclosures. While mortgage foreclosures generally accompany unpaid assessments, and thus may not be welcome, they are in actuality, opportunities for associations. Knowing what to do, and how to do it, in the face of a mortgage foreclosure is crucial to a community's overall collection policy, and its financial security...
COLLABORATIVE DIVORCE - A material girl trend, or a sign of the times?
Posted on January 30, 2009In recent months I’ve noticed increased interest surrounding a relatively new approach to divorce - the collaborative divorce. With celebrities such as Madonna and Guy Ritchie recently using the collaborative approach coupled with the tough economic times, there is no doubt public interest will only increase...
New Jersey Government Extends Net Operating Loss Carryforward, to the Benefit of Corporate Taxpayers
Posted on January 29, 2009Governor Corzine and the New Jersey Legislature have recently enacted several laws aimed at easing corporate tax burdens. One of the most widely heralded of such laws extends the net operating loss carryforward (“NOL”). NOL allows taxpayers to offset the profits that they may earn in future years with the losses that they are likely incurring now...
Stark & Stark Attorneys to Present Free Divorce Seminar
Posted on January 29, 2009Joseph D. Visco and Megan E. Smith, members of Stark & Stark's Divorce Group, will present a free divorce seminar Saturday January 31, 2009. The seminar will take place at the Hampton Inn in Yardley, Pennsylvania from 10:00 AM - 12:00 PM. The seminar will cover topics such as hiring an attorney, alimony, child support, equitable distribution, settlement alternatives and attorneys fees...
Redevelopment Plan - Amendments
Posted on January 27, 2009Unlike a redevelopment area designation, which must be based upon substantial credible evidence in the record, there is nothing in the Local Redevelopment and Housing Law (LRHL) that requires the contents of a redevelopment plan to be based upon substantial evidence...
Social Security Benefits & Child Support Obligations
Posted on January 26, 2009Differentiating between the type of social security benefits received by the recipient or obligor of child support is important because some benefits qualify as income, thus effecting the amount of child support he or she is required to pay or is eligible to receive...
Employer Alert: Use of New I-9 Form Required by February 2, 2009
Posted on January 23, 2009Beginning on February 2, 2009, all employers will need to complete a revised I-9 form for all new employees, as well as for reverification of certain employees with temporary work authorization. The following changes have been made relative to the documents that employers can accept for employment verification: All documents presented to the employer during the verification process must be unexpired...
Paid Family Leave Provides No Additional Job Security
Posted on January 22, 2009With the advent of the newest employee benefit in New Jersey, business owners ask what impact Family Leave Insurance will have on the employer’s discretion to terminate employment due to business conditions or other considerations. The Legislature has made it clear that the amendments to the Temporary Disability Benefits law, commonly known as the “Paid Family Leave Act”, confer a monetary benefit, but not a leave entitlement...
Stark & Stark Shareholder Comments on Timothy Geithner's Questioning by Capitol Hill
Posted on January 21, 2009Bill Singer, Shareholder of Stark & Stark's Securities group, was interviewed this morning in an NPR story, Marketplace Morning Report: Geithner Faces Probe on Personal Taxes. Mr. Singer comments on the status of Geithner's reputation and chances for becoming Treasury Secretary after reports surfaced of Geithner not paying self-employment taxes over the past several years...
The Real Estate Tax Revaluation Process
Posted on January 21, 2009Princeton Borough and Princeton Township are about to undergo a revaluation of the real estate within their municipalities. Such a revaluation is a mass appraisal of all real property within their borders. It is performed by an independent professional appraisal or revaluation firm...
Stark & Stark Shareholder to Serve As Co-Chair of 4th Annual CEL International Eminent Domain Seminar
Posted on January 20, 2009Timothy P. Duggan, Shareholder and member of Stark & Stark's Condemnation group, will serve as Co-Chair of the 4th Annual CLE International Eminent Domain Seminar. The seminar will be held Friday April 17, 2009 at the Hilton in Newark, New Jersey...
The Effect of the Full Faith and Credit Clause - Exception to the Defense of Marriage Act
Posted on January 19, 2009The article written by Joanna Grossman entitled: “Dissolving Unhappy Vermont Civil Unions: It’s Harder Than It Look,” is important to gay couples joined under the New Jersey Civil Union Act as they will face the same challenges as those in Vermont in legally dissolving their relationships...
Challenging Non-Residential Development Fees
Posted on January 16, 2009Non-residential developers must not only meet the challenges of this uncertain real estate market, but are also required to comply with the state non-residential development fee program which requires a substantial fee to be paid to municipalities or the State of New Jersey for new non-residential construction...
What Brokers Should Know Before They Go
Posted on January 15, 2009Brian A. Carlis, Shareholder and member of Stark & Stark's Securities group, was quoted in the January 9, 2009 Morningstar article, PRACTICE MANAGEMENT: What Brokers Should Know Before They Go. Mr. Carlis comments on what brokers should and should not tell clients, colleagues and managers about their departure, if and when it's been decided...
Stark & Stark Shareholder Comments on Reaction From Bank of America & Merrill Lynch Merger
Posted on January 13, 2009Thomas B. Lewis, Shareholder and member of Stark & Stark's Employment group, was quoted in the January 9, 2009 article, Brokers Disdain Toaster Salesmen in Bank America Deal. Controversy has followed Bank of America's September 15, 2008 acquisition of Merrill Lynch since day one...
Defense of Marriage Act
Posted on January 12, 2009The Defense of Marriage Act is important for several reasons other than the fact that it defines marriage as between one man and one woman for the purposes of federal law. One is that the Defense of Marriage Act specifically permits states the option of recognizing the union of a same-sex couple that is defined as a “marriage” under the laws of another state...
New Jersey's Foreclosure Mediation Program
Posted on January 08, 2009This installment of the New Jersey Legal Update is an interview with Bari Gambacorta, Shareholder in Stark & Stark's Bankruptcy & Creditor's Rights group, Allyson Cofran, member of Stark & Stark's Bankruptcy & Creditor's Rights group, and Kevin Wolfe, of the State of New Jersey's Civil Practice Division...
New York City's Cooperatives React To The Current Economy & Real Estate Market
Posted on January 06, 2009Typically, cooperatives have the right to scrutinize and ultimately admit or reject potential buyers. This right is furthered via the adoption and use of admissions policies, set and amended from time to time by the Board of Directors. During the challenging time, Boards are maintaining their strict and tough admissions standards, and often making them stricter...
Redevelopment Agreement - Forfeiture Remedy
Posted on December 29, 2008When negotiating the terms of a redevelopment agreement with a redevelopment entity it is crucial to pay close attention to the wording of the redevelopment entity’s remedies upon default, especially if the redevelopment project is going to involve mortgage financing...
Holiday Parenting Time- How Does it Work?
Posted on December 24, 2008Often times parties leave deciding the issue of who will have parenting time with the children during the holidays until the last minute. Maybe the parties are dreading the argument that will inevitably ensue. Maybe the rush of the holiday season has put this issue on the back burner...
Stark & Stark Shareholder Named President-Elect of Community Associations Institute of New Jersey
Posted on December 23, 2008A. Christopher Florio, Shareholder and member of Stark & Stark's Community Associations group, was appointed to serve on the Community Association Institute of New Jersey's 2009 Board of Directors, and was named as President-Elect for 2010. CAI-NJ is the New Jersey Chapter of the Community Associations Institute (CAI), a national non-profit organization dedicated to fostering vibrant, responsive, competent community associations and helping them promote harmony, community and responsible leadership...
Enforcement of a Court Order
Posted on December 22, 2008pemstrongI Have a Court Order, but My Ex-Spouse is Ignoring It!nbsp; Now What?/strong/embr / br / Unfortunately, obtaining a Court Order in New Jersey does not necessarily mean that both parties will comply with that Order.nbsp; All too often, child support and alimony obligations are ignored and the obligor accrues a substantial amount of arrears...
What Are "Changed Circumstances" In This Economy?
Posted on December 19, 2008pEach day we read of more lay offs; wholesale lay offs in major financial institutions, retailers and the manufacturing industry. Each day we hear of more corporate bankruptcies. Major financial institutions that have the hallmark of financial stability suddenly no longer exist nor dot their thousands of jobs...
Stark Stark Shareholder Discusses Rise of Bankruptcies for NJN News
Posted on December 18, 2008pa href="http://www.stark-stark.com/attorney-lawyer-1010298.html"Timothy P. Duggan/a, Shareholder of Stark amp;nbsp;Stark's a href="http://www.stark-stark.com/attorney-lawyer-1011044.html"Bankruptcy amp;nbsp;Creditor's Rights/a group, was interviewed for an NJNnbsp;News story discussing Governor Corzine's economic stimulus bill and the recent rise of unemployment and personal bankruptcies in New Jersey...
Deficiency Actions After Foreclosure Judgements
Posted on December 18, 2008pDeficiency actions to recover balances owed after a consumer foreclosure action are not favored in New Jersey Courts.nbsp; Although, such actions are permitted under New Jersey law, it is in very limited circumstances and may be difficult to obtain.nbsp; Under New Jersey law, a judgment for deficiency may not be brought in the same action to foreclosure the residential mortgage (a separate action must be brought); this preclusion also includes claims on any personal guarantees...
Quick Tips: Surviving A Divorce Litigation During These Tough Economic Times
Posted on December 16, 2008With today’s turbulent economy, the challenges associated with a divorce litigation are growing to be more complicated than ever. I have prepared the following practical tips in an effort to aid litigants through this difficult period: Update Your Finances Being that the average divorce litigation spans the course of close to a full calendar year, it is important that you work with your attorney and periodically update your financial data...
Designating Property For Redevelopment Using the "A" Criteria
Posted on December 15, 2008Under the Local Redevelopment and Housing Law a municipality may declare private property to be blighted if “[t]he generality of buildings are substandard . . . dilapidated, or obsolescent . . . or are so lacking in light, air, or space,” and such conditions are “[c]onducive to unwholesome living or working conditions...
Stark & Stark Shareholder Comments on Advances in Broker Recruitment Protocol
Posted on December 04, 2008Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Litigation group, was quoted in the December 2, 2008 Reuters.com article, Financial advisory firms sign pact to ease poaching. Mr. Lewis comments on the recent independent advisory firms who are rushing to sign an agreement that bars lawsuits between signatories that hire away each other's brokers...
Parental Alienation May Give Rise to Monetary Damages
Posted on December 03, 2008In a recent Hudson County case (Smith v. Smith, dec'd December 1, 2008) a father sued his ex-wife and her parents for conduct which he alleged alienated him from his children. The ex-wife and her parents defended, in part, on the basis of the "Heart Balm Act" which bans actions for "alienation of affection" in NJ...
Stark & Stark Shareholder Discusses The Impact of the Economic Crisis on the Family
Posted on December 02, 2008Bill Singer, Shareholder of Stark & Stark's Securities group, was a featured panelist for the November 25, 2008 Forbes.com article What To Tell Your Kids About The Markets. The article addresses the rising concerns both parents and children are facing when it comes to payment for college tuition...
Remember the WARN Act
Posted on November 18, 2008Many of you may remember the Federal Warn Act - an Act which requires 60 days notice of a company’s intent to shut down a location with 100 or more employees (with various exceptions, of course). What is not largely known is that New Jersey passed a “baby” Warn Act earlier this year...
New Jersey Legal Update Podcast - # 74
Posted on November 14, 2008On Wednesday October 1, 2008 Adam J. Siegelheim, member of Stark & Stark's Franchise group, Nathan R. Greenberg, President and COO of Siegel Financial Group LLC, and Don Johnson, President of Diamond Financial Services met at the IFA's New Jersey Franchise Business Networking meeting to discusses the latest trends impacting the franchise industry...
Beware What You Say, Don't Say and What You Print and Promise
Posted on November 10, 2008John Randy Sawyer, Shareholder and member of Stark & Stark's Construction Litigation group, authored the article Beware What You Say, Don’t Say and What You Print and Promise: Understanding of broad scope of potential liability under the Consumer Fraud Act for the New Jersey Law Journal's October 20, 2008 Real Estate, Title Insurance & Construction Law supplement...
Stark & Stark Shareholder Comments on Bank of America Incentives
Posted on November 06, 2008Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the November 6, 2008 Bloomberg.com article Bank of America Says Merrill Brokers Can Quit Without Penalty. Mr. Lewis commented on the recent announcement made to the roughly 15,500 brokers Bank of America acquired after buying Merrill Lynch this past September which said that they have the ability to quit without penalty, however, if they stay, they will qualify for a bonus of as much as 100% of their annual revenue...
It Ain't Over, Even After It's Over: New Jersey Court Extends Retaliation Claims Under Law Against Discrimination (NJLAD) For Post-Termination Actions
Posted on November 06, 2008Consider this scenario: Your company has struggled with a key employee, and it is determined that the employment should be terminated. Following the advice of counsel, the parties entered into a separation agreement, severance is paid, and the employee signs a release of all claims related to employment with your company...
The Next Shoe - Private Mortgage Insurance Policy Rescissions
Posted on November 05, 2008It is hard to know when the proverbial “next shoe” will drop in the current economic crisis but recently credit lenders in my practice have experienced attempted policy rescissions for their mortgage insured accounts where suddenly and without any notice the private mortgage insurer (the “Company”) has attempted to rescind its insurance policy on specific accounts...
Changes in Deferred Compensation Law Requires Compliance By January 1, 2009
Posted on November 03, 2008Section 409A was added to the Internal Revenue Code pursuant to the American Jobs Creation Act of 2004 in response to Congressional concerns about excessive executive compensation and executives’ ability to manipulate their compensation arrangements with the companies they manage...
Standing to Participate in Redevelopment Challenges and Valuation Proceedings
Posted on November 03, 2008Although the law governing a redeveloper’s right to intervene in redevelopment matters is not well developed, the courts that have addressed this issue have generally ruled that a redeveloper has no standing to participate in a challenge to a redevelopment area designation or valuation proceedings...
Insolvency in Franchise Businesses: Minimizing Risk and Maximizing Recovery Under the Bankruptcy Code
Posted on October 31, 2008Timothy P. Duggan, Shareholder and member of Stark & Stark's Bankruptcy & Creditor's Rights group, will present a seminar entitled Insolvency in Franchise Businesses: Minimizing Risk and Maximizing Recovery Under the Bankruptcy Code in conjunction with the Legal Publishing Group of Strafford Publications...
Legislative Initiatives in Green Building Arena Abound
Posted on October 30, 2008During the 2008-2009 Legislative Session, the New Jersey State Legislature has introduced a handful of proposals for initiatives relating to what has come to be known as “green building” - a term that was inserted in the State Uniform Construction Code Act (“UCC”) by amendment last year and defined to mean “[b]uilding construction practices that significantly reduce or eliminate the negative impact of buildings on the environment and their occupants and may consider, but need not be limited to five broad areas[...
Protocol for Broker Recruiting
Posted on October 29, 2008Thomas B. Lewis, Shareholder of Stark & Stark's Employment and Litigation groups, authored the article Protocol for Broker Recruiting: How a Financial/Investment Advisor Can Use the Protocol to Transition Accounts for the September/October 2008 edition of the Investment Management Consultants Association's Investments & Wealth Monitor...
Mandatory Mediation in New Jersey Foreclosure Cases
Posted on October 29, 2008With a 46% increase in residential foreclosure filings over the last 12 months, the New Jersey Court system unveiled a new mandatory mediation program in all foreclosure matters. The Chief Justice of the New Jersey Supreme Court, Stuart Rabner, announced the roll-out of a statewide Judiciary program to assist homeowners in foreclosure actions...
State Committee takes a first look at the "Mobile" Franchise Bill
Posted on October 28, 2008Bill A2491, which was originally filed in March 2008, was “introduced” on Thursday October 23, 2008 and then referred to the Assembly Commerce and Economic Development Committee on Friday October 24, 2008. It will likely have a “second reading” before proceeding in the substantive legislative process...
Stark & Stark Attorney Featured on Camden County Bar Foundation's Legally Speaking
Posted on October 27, 2008Michael J. Fekete, member of Stark & Stark's Business & Corporate group, will be a featured guest on the Camden County Bar Foundation's weekly television talk show Legally Speaking. Mr. Fekete will discuss the New Jersey Home Improvement Law, the Consumer Fraud Act and the Contractor's Registration Act...
Bankruptcy: Who's next in line?
Posted on October 24, 2008Adam J. Siegelheim, member of Stark & Stark's Franchise group, was quoted in the article Bankruptcy: Who's next in line? in the October 2008 edition of Franchise Times. Mr. Siegelheim comments on the recent trend of franchise bankruptcies among large restaurant systems...
New Franchise Disclosure Laws
Posted on October 22, 2008Adam J. Siegelheim and Cary S. Kvitka, members of Stark & Stark's Franchise group, will present a webinar entitled New Franchise Disclosure Laws in conjunction with the New Jersey Institute for Continuing Legal Education. The webinar will be held Wednesday November 12, 2008 from 12:00 PM - 1:15 PM...
Identifying When Your Trademark Has Been Infringed Upon
Posted on October 21, 2008Martin P. Schrama and Michael T. Pidgeon, members of Stark & Stark's Litigation group, authored the article Identifying When Your Trademark Has Been Infringed Upon for the October 13, 2008 edition of the New Jersey Law Journal. The article discusses several pieces of statewide legislation designed to ensure trademark protection and the federal Lanham Act, which is the most comprehensive piece of trademark legislation...
"Mobile Franchise" Act Moves One Step Closer to Passage
Posted on October 20, 2008The “Mobile Franchise” Act has been scheduled for a legislative session on October 23, 2008 at 2:00 p.m. The session will take place in front of the Commerce and Economic Development Committee, Room 9 on the Third Floor of the State House Annex located in Trenton, New Jersey...
Standing To Obtain Land Use Approvals under a Redevelopment Plan
Posted on October 20, 2008The Local Redevelopment and Housing Law (“LRHL”) requires an application for approvals under a redevelopment plan to be directed to the municipal planning board, but fails to state how one acquires standing to maintain such an application...
There is a Time and PLACE for Everything
Posted on October 16, 2008If the Governing Documents of a Condominium Association provide that the powers and duties of such Association are to be exercised through a Board of Directors/Trustees, elected by the Association’s membership, then all meetings of that Board (except conferences or work sessions where no votes are taken), shall be open to the Association’s membership...
Stark & Stark Shareholder Presents Seminar to Community Associations Institute - Pennsylvania & Delaware Valley Chapters
Posted on October 15, 2008David J. Byrne, Shareholder in Stark & Stark's Community Association group, presented materials related to Community Associations "going green" at the CAI Pennsylvania and Delaware Valley Chapter's Urban Issues seminar, held at the Comcast Building in Philadelphia, Pennsylvania on Friday, October 10, 2008...
Protecting Commercial Landlord's Rights - Eviction, Collection and Beyond
Posted on October 15, 2008Commercial landlords need to be vigilant in protecting their interests in these uncertain economic times. Getting and keeping paying commercial tenants is the name of the game. However, its not always that simple. Sometimes, landlords have to make the difficult decision of whether to evict and try to collect against a non-paying tenant...
Collection of Condominium Common Charges in New York Revisited
Posted on October 08, 2008Condominium boards and managers are often frustrated by unpaid common charges. Once a unit owner falls more than sixty days behind in his or her common charge payments, it is recommended that this problem be turned over to the condominium association's attorneys to resolve...
Voluntary Retirement and its Effects on a Child Support Obligation and Alimony
Posted on October 08, 2008In New Jersey, a person seeking to modify a child support or alimony obligation must show that a significant change in circumstance has occurred since the time the award was entered. It is the party who is seeking the modification that has the burden of proving that they have incurred a change in circumstances sufficiently substantial to warrant a modification of support...
Standing to Negotiate Property Acquisitions
Posted on October 06, 2008A redevelopment entity may authorize a redeveloper to negotiate directly with the owners of properties slated for condemnation under a redevelopment plan. This authorization may be granted by way of a redeveloper’s agreement with the condemning authority...
Adding Insult to Injury - Kara Homes Sues Contractors and Suppliers for the Return of Hard Earned Money
Posted on October 03, 2008The rise in bankruptcy filings has heightened the angst of contractors and suppliers working with residential builders who are worried that more companies will follow the path of Kara Homes and Elliot Builders and seek bankruptcy protection. The Fed’s proposed $700 billion bailout may jump start the residential real estate market and help some smaller builders avoid bankruptcy, however, for those contractors and suppliers tied-up in the Kara Homes case, lookout for the recently filed preference lawsuits...
New York City Pet Laws Affect Boards And Dog Owners In Cooperatives And Condominiums
Posted on October 03, 2008New York City cooperative and condominium owners consider their pets to be members of their families. At the other end of the spectrum are people who may have violent allergic reactions when they come into contact with dogs, or who just prefer not to share their common living space with someone else's four-legged friend...
Marriage or Marriage-Type Relationships Are Required For Adoption
Posted on October 02, 2008Despite the fact that the biological father had a history of mental health problems, substance abuse, and criminal involvement, a New Jersey Superior Court recently refused to consider the maternal grandfather’s application to adopt his granddaughter, and thus terminate the parental rights of the father...
Proposed Legislation Would Allow Energy Subcode To Be More Restrictive Than National Model Codes
Posted on October 01, 2008On January 8, 2008, the Assembly and the Senate each introduced a bill (A1629, S702) that would, if enacted, amend Section 5 of the Uniform Construction Code Act (P.L. 1975, c.217) codified at N.J.S.A. 52:27D-123, to empower the Department of Community Affairs to adopt an energy subcode that exceeds national model code standards...
Age is More than a Number in Adult Adoption Cases
Posted on September 30, 2008The New Jersey Statute regarding adult adoption requires at least a ten year age difference between the adopting person or persons and the adoptee. A recent New Jersey Superior Court reasoned that this requirement served to ensure that some resemblance of a parent-child relationship exists between the parties...
Buying an Existing Business -- What to Consider
Posted on September 29, 2008Cary S. Kvitka, member of Stark & Stark's Business & Corporate and Franchise groups, authored the article Buying an Existing Business — What to Consider for the September 2008 issue of Mercer Business Magazine. Mr. Kvitka discusses the risks associated when opening a business - whether it is your first business or you are an established business owner looking to expand into a new market...
New Expansion of Discrimination/Sexual Harassment Law
Posted on September 26, 2008In an interesting new development, the Appellate Division of New Jersey, in the matter of Cerdeira v. Martindale Hubbell, Appellate Division A-5855-06T1 (September 18, 2008) has expanded liability for discrimination in situations where: (a) an employee is subjected to discrimination/harassment by a co-worker (as opposed to a supervisor); and (b) the employer does not have an effective policy for employees to use in reporting harassment...
Bill Singer Comments on Recent Market Meltdowns
Posted on September 23, 2008In the wake of the Bear Stearns collapse just months ago, the announcements last week that Bank of America would buyout Merrill Lynch, that Lehman Brothers had filed for bankruptcy, and that the Federal Government would give AIG $85 billion in order to avoid bankruptcy left many wondering what happened and why? Bill Singer, Shareholder of Stark & Stark's Securities group, has had extensive experience with similar situations during his time as a regulator with the National Association of Securities Dealers and the American Stock Exchange...
New Jersey Will Not Require Older High-Rise Condominiums and Cooperatives to be Retrofitted with Fire Suppression Systems
Posted on September 23, 2008As previously reported by the Community Association Group, automatic fire suppression systems have been required by state law in residential buildings of six stories or higher since 1989, older condominium and co-op buildings have been exempt from these requirements...
Standing to Appeal From Adverse Decision Without Redevelopment Entity
Posted on September 22, 2008The Appellate Division of the New Jersey Superior Court in Quagliariello v. Township of Edison, an unreported decision, held that a redeveloper may not stand in the shoes of a municipality on appeal from adverse decision. According to the Court, once "[t]he municipality abandons its purpose to redevelop ...
What To Include In Your Limited Liability Company's Operating Agreement
Posted on September 19, 2008In a limited liability company (LLC), if no operating agreement (the agreement between the members of the LLC) is in place, the limited liability company statute of the state where the LLC was formed controls the relationship between the members of the Company...
Partition Actions When Property Co-Owners Can't Agree
Posted on September 18, 2008What happens when co-owners can’t agree on how to share the ownership responsibilities of a piece of real estate? Perhaps it is a residence, a commercial property or vacant land and the owners cannot agree on how to share the payment of taxes, costs of maintenance, or need for improvements to the property...
2009 New Jersey Court Rule Changes Affecting Foreclosure Practice
Posted on September 17, 2008With the growing rate of foreclosures, a number of changes were made to the Court Rules affecting foreclosure practice with the intent to streamline the procedures for foreclosure filings. The set of Rule changes, effective September 2008, were intended to expedite the foreclosure process, while affording Defendants additional protections...
Richard Linderman attends Unity Day 2008 in Newark, New Jersey
Posted on September 15, 2008Stark & Stark was a proud sponsor of the Community Hills Condominium Association’s 1st Annual Unity Day held on Saturday, August 9, 2008. Unity Day was an opportunity for the members of the Association to join together with others in the community and elected officers to strengthen bonds and form relationships...
Stark & Stark Opens an Office in Westchester County and Expands its New York City Operation, Adding a New Lawyer to its Manhattan Office
Posted on September 15, 2008Stark & Stark’s Community Association Group recently opened an office in Tarrytown, Westchester County, New York. We are excited to serve our Orange, Rockland and Westchester County clients via a local office. The group also recently added Stephen M...
Save some paper, save some trees
Posted on September 15, 2008We all know that each one of us can make a difference in our country's need to free itself of its dependence on foreign oil, and to slow the effects of carbon emissions. Stark & Stark’s community association group is beginning to do its part...
Existing and Pending State Laws concerning Community Associations and "Going Green"
Posted on September 15, 2008It is important for associations, their members, their boards, their management team and their service providers to constantly review and consider the nation's continual push to end the country's dependence on foreign oil, and to minimize the adverse effects of energy use...
Current Economic Climate Encourages Homeowners and Associations to "Go Green"
Posted on September 15, 2008Many things have been written lately on the topic of going green. Car manufacturers are promoting their new “hybrid” models, companies are conducting “energy audits” of their buildings to assess whether they can help reduce their overall carbon footprint and individual homeowners are altering their lifestyles in order to reduce their energy consumption...
The "Green" Association
Posted on September 15, 2008Whether or not it is an issue near and dear to your heart, one cannot deny that this “Green Revolution” has taken its hold of every aspect of our daily life, modifying the behavior and attitudes of the many, including community association members...
Balancing the Ongoing 'Green Revolution' & Fiduciary Duty, Restrictive Covenants, Rules and Regulations
Posted on September 15, 2008The country and her citizens continue to seek ways - both large and small - to lessen our dependence on foreign oil, and help stem the tide of global climate change. In turn, community association members, and management professionals, will continue to seek modifications to homes and changes to owner conduct that may implicate or violate covenants and/or rules...
Governor Signs Community Age Restriction Legislation Into Law
Posted on September 09, 2008Senate Bill 88/Assembly Bill 305, which is intended to prevent the improper sale or transfer of property to those who do not meet the age requirements of a senior community, was signed into law yesterday by Governor Jon Corzine. The Bill, initially introduced by Senator Christopher J...
Redevelopment Plan - Implementation
Posted on September 08, 2008The Local Redevelopment and Housing Law provides a municipality with a number of options for implementing a redevelopment plan. A municipality may serve as the redevelopment entity or may delegate this function to a municipal redevelopment agency, a municipal housing authority authorized to exercise redevelopment powers or a county improvement authority authorized to undertake redevelopment projects pursuant to the County Improvement Authorities Law, N...
Capital Reserve Studies & Projects for Communities
Posted on September 05, 2008Mary W. Barrett, Counsel and member of Stark & Stark's Community Associations group, will present a seminar entitled Capital Reserve Studies & Projects for Communities for the New Jersey chapter of the Community Associations Institute...
Residential Construction Liens - 90 days does not mean 90 days
Posted on September 04, 2008Subcontractors are often times hired by Associations to perform various kinds of work for both unit owners and for the Association. In certain circumstances, contractors may file liens against a particular property to ensure that they are paid for their work...
Enforcement of Child Support and Alimony Order From Other States
Posted on September 04, 2008In this ever transient society, it is possible that a person seeking enforcement of a support order in New Jersey, whether child support or alimony, may have obtained that order in another state. In an effort to have uniformity among all the States in the United States, each State has adopted the Uniform Interstate Family Support Act (UIFSA), which establishes the method to enforce a support order when one or both parties have moved from the State of initial jurisdiction...
What Every builder Should Know About the New Jersey Consumer Fraud Act
Posted on September 03, 2008John Randy Sawyer, Shareholder in Stark & Stark's Construction Litigation group, authored the article What Every Builder Should Know About the New Jersey Consumer Fraud Act for the August 2008 New Jersey Builders Association's monthly newsletter, Dimensions...
Stark & Stark Shareholder Receives 40 Under 40 Award
Posted on August 29, 2008David J. Byrne, Shareholder in Stark & Stark's Community Associations group, was awarded the 40 Under 40 award by the New Jersey Law Journal. The 40 Under 40 award features 40 attorneys the New Jersey Law Journal believes are worthy of profiling, due to their backgrounds, dedication, talent and vigor...
How to Handle a Chapter 11 Bankruptcy Filing
Posted on August 26, 2008Thomas S. Onder, member of Stark & Stark's Bankruptcy & Creditor's Rights group, was featured in the article How to Handle a Chapter 11 Bankruptcy Filing for the August 25, 2008 edition of NJ Biz. In the wake of the recent high profile bankruptcies of companies such as Linens 'n Things and Boscov's more and more companies are feeling the need to file for bankruptcy protection...
Redevelopment Plan - Content
Posted on August 25, 2008Redevelopment plans are governed by the Local Redevelopment and Housing Law at N.J.S.A. 40A:12A-7a and consist of six basic categories. First, subsection (1) of the aforesaid statutory section requires redevelopment plans to discuss the relationship of the redevelopment plan to local objectives, including land uses, density of population, traffic and public transportation, public utilities and recreational and community facilities...
Preventing Employee Theft
Posted on August 25, 2008Kevin M. Hart, Shareholder of Stark & Stark's Litigation group, authored the article Preventing Employee Theft: How to take appropriate steps to address the problem for the August 18, 2008 issue of the New Jersey Law Journal. Mr...
The Legal Impacts of Governor McGreevy's Divorce
Posted on August 22, 2008Over the past months, much has been written about the tabloid divorce of former New Jersey governor James McGreevy and Dana Matos McGreevy. While the salacious details made headlines, the legal lessons embedded in the court's 44 page Opinion issued on August 8, 2008 are worth noting for persons contemplating or going through a divorce...
Reduce Real Estate Taxes Through Farmland Assessment
Posted on August 21, 2008The New Jersey Farmland Assessment Act of 1964 was enacted by the State Legislature to reduce property taxes for farmland and woodland to encourage property owners to keep land in agricultural or horticultural use, rather than develop it. To qualify for this reduction in land taxes, the area of land involved must be not less than 5 adjoining acres and the land must be actively devoted to agricultural or horticultural use for at least 2 years prior to the tax year for which the lower valuation is requested...
Revisiting Child Custody Issues
Posted on August 20, 2008Robert J. Durst, Shareholder and Chairperson of Stark & Stark's Divorce Group authored the article Revisiting Child Custody Issues: Be vigilant and open to revisions which may be a benefit for the for the August 11, 2008 edition of the New Jersey Law Journal...
Equal Protection: A State Employee Is Not a "Class-of-One"
Posted on August 19, 2008In an opinion by Chief Justice Roberts, the Supreme Court on June 9, 2008, held that the “class-of-one” theory of equal protection does not apply to state employees. The Equal Protection Clause of Fourteenth Amendemnt to the U.S. Constition, upon which the class-of-one theory is based, provides, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws...
Master Sponsors Credited with Historic Passage of Permit Extension Act
Posted on August 18, 2008Those of you in Trenton during the legislative hearings on the Permit Extension Act undoubtedly witnessed an amazing process and historic battle leading to the passage of the Permit Extension Act, and therefore know first hand just how much credit NJBA Master Sponsors deserve for industry defense and the effort put into the Permit Extension Act...
Claim of Undue Influence Resolved by Court Before Death of Testator
Posted on August 15, 2008A will is obviously prepared when a individual is still alive. A will contest usually comes about after the individual dies. However, a California Appellate Court has recently decided that when a conservator secures Court approval of an estate plan while the individual is still alive, any challenge to the will must be made at that time and not after the individual dies...
What Franchisors Can Expect in Bankruptcy
Posted on August 14, 2008In light of the recent high profile bankruptcy filings of dining establishments such as Bennigans and Steak N Ale, Adam Siegelheim leads a discussion with Bankruptcy & Creditor’s Rights Attorneys Timothy Duggan and Thomas Onder to outline what franchisors need to understand about the bankruptcy process...
Selling? Being Prepared May Help
Posted on August 13, 2008In a difficult sales market, Sellers may want to consider preparing their house for sale by addressing some of the issues which may arise from a buyer’s inspection prior to listing their property. Some of these issues are: ASBESTOS: If asbestos is wrapped around pipes for insulation, a seller may want to have it removed by a licensed asbestos removal contractor...
Update on Tax Assessments for Day Care and After School Programs
Posted on August 12, 2008Recently, the Appellate Division of the Superior Court of New Jersey affirmed a Tax Court decision finding that a day care center with before- and after-care programs, was exempt from paying real property taxes under New Jersey law. Wee Love, Inc...
Designation of Property as Being Necessary for Redevelopment
Posted on August 11, 2008Property within an area being studied for redevelopment in the context of a preliminary investigation under the Local Redevelopment and Housing Law (“LRHL”) may be declared blighted even if it does not satisfy any one of the statutory redevelopment criteria provided that the municipal governing body finds that such property is necessary for the effective redevelopment of the study area...
Green Buildings and Environmental Sustainability - Master Plan Element
Posted on August 07, 2008The State Assembly and the State Senate have each overwhelmingly passed bills that amend Section 19 of the Municipal Land Use Law (P.L. 1975, c.291) codified at N.J.S.A. 40:55D-28, which authorizes a local planning board to include in its master plan a “green buildings and environmental sustainability plan element...
Weighing Comparable Sales-Adjustments Matter
Posted on August 06, 2008When a property owner and municipality each have their own expert appraiser, the New Jersey Tax Court has the daunting task of determining (1) whether the property owner has overcome the presumption of correctness, and (2) assuming the presumption is overcome, which appraiser is the more credible expert...
Failure to Request Mediation Bars Claim For Attorney's Fees
Posted on August 06, 2008Public policy supports the resolution of disputes before a lawsuit is filed. What happens when a contract calls for mediation prior to filing suit as a condition of securing attorneys fees, if the party filing the suit suggests mediation after the lawsuit is filed? Is the failure to seek mediation a bar to a recovery of attorneys fees or is the request for mediation made just after suit is filed deemed to be substantial compliance? In the case of Lange v...
Inherently Beneficial Uses - Wind, Solar and Photovoltaic Energy Facilities
Posted on August 05, 2008A bill that would amend Section 3.1 of the Municipal Land Use Law (P.L. 1975, c.291) codified at N.J.S.A. 40:55D-4, to add to the statute a definition of “inherently beneficial use” was introduced in the Assembly as A3062 on June 23, 2008...
Boscov's Bankruptcy And What Their Suppliers Should Understand
Posted on August 04, 2008The bankruptcy filing today of Boscov’s Department Stores further demonstrates how consumers have been hurt by the housing downturn, job losses and higher costs for food and fuel. Following on the heels of Linens N Things and The Sharper Image, Boscov's cited decreased consumer spending and will immediately close 10 of its 49 stores, most of which are in New Jersey and Pennsylvania...
Proving Your Claim For Palimony
Posted on August 04, 2008Palimony is a claim for support between unmarried persons first recognized in California in 1976 in the case of Marvin v. Marvin. New Jersey Courts will recognize a claim for palimony if the right set of circumstances exist. Given the widespread practice of non-marital relationships and societies’ acceptance of such relationships, the courts have adjusted their views of unmarried persons’ rights and obligations in light of these societal realities...
Commercial Condominiums
Posted on July 31, 2008Business owners are always looking to increase profits and space. As most savvy business owners know, the option of buying rather than renting is a better investment because it will save them money down the road. However, finding affordable property can be problematic at times...
Mediator Privilege Amended as of July 1, 2008
Posted on July 30, 2008The mediator privilege is extremely important to the mediation process. Without it, participants would have no confidence in the process and information necessary to assist the mediator in resolving a case would not be communicated. It has often been said that the mediation process involves two levels of confidentiality...
Proper Registration of Fabric Dresses Sufficient to Defeat Fraud on the Copyright Office Claims
Posted on July 29, 2008Deposits with the copyright office of pictures depicting dress designs, as opposed to specimens of the actual fabric designs, are usually sufficient to protect those designs. See Blue Fish Clothing, Inc. v. Kat Prints, 1991 WL 71113 at *3 (E.D.Pa...
Designating Property For Redevelopment Using the "E" Criteria
Posted on July 28, 2008Under the Local Redevelopment and Housing Law a municipality may declare private property to be blighted if it meets one of the enumerated criteria set forth it the statute at N.J.S.A. 40A:12A-5. For example, under the so-called “e” criteria - referred to as such because it is codified at N...
Patterns, Lace and Fabric Designs Incorporated Into Dresses are Copyrightable
Posted on July 24, 2008It is well established that utilitarian or useful articles, such as dresses or the functional components of dresses, are not the proper subjects of copyright registration and protection. However, decorative patterns, lace and fabric designs incorporated into dresses “are considered ‘writings' for purposes of copyright law and are accordingly protectible...
Case Finding of the Prevention of Domestic Violence Act Unconstitutional
Posted on July 21, 2008The Honorable Francis B. Schultz, J.S.C. recently held that the New Jersey Prevention of Domestic Violence Act (hereinafter “DVA”) is unconstitutional in that it violates New Jersey’s constitutional article on separation of powers and utilizes the preponderance of the evidence standard of proof...
Real Estate Development From Beginning to End in New Jersey
Posted on July 18, 2008Gary S. Forshner, Shareholder in Stark & Stark's Real Estate Zoning & Land Use group will present at this year's Lorman Education Services seminar, Real Estate Development From Beginning to End in New Jersey. Mr. Forshner's presentation on Ethics in Land Use will be part of a full day seminar covering topics related to development in New Jersey including government approvals, redevelopment, construction financing and the purchase and sale agreement...
The Importance of Payment for Common Expenses and Maintenance Fees in Community Associations
Posted on July 17, 2008Times are tough all over and those who live in community associations are no exception. When money is tight, some association members make paying their maintenance fees a low priority. This can be a big mistake because, if ignored, a small amount of delinquent maintenance fees can expand into an unexpectedly large debt...
The Franchise Relationship: Trends in the Law
Posted on July 16, 2008Adam J. Siegelheim, member of Stark & Stark's Franchise group, was a participant in the June 2008 franchise roundtable for GC Mid-Atlantic Magazine, titled The Franchise Relationship: Trends in the Law. The panelists discussed topics related to the franchise industry including a discussion on the difference between a franchise and a license, what are the most common factors in disputes that arise among franchisors and franchisees and tips on how to how handle dispute resolution issues in a franchise agreement...
New Jersey Department of Transportation's Transit Village Initiative
Posted on July 15, 2008The New Jersey Department of Transportation and New Jersey Transit have developed a program known as the Transit Village Initiative, which recognizes municipalities that are committed to redeveloping the area around a transit facility into a compact, mixed-use community...
Summerhill Condominium v. Venner - Applicable Attorneys Fees
Posted on July 14, 2008The Appellate Division recently decided in favor of an association as it pertains to the amount of attorneys fees awarded in the matter of Summerhill Condominium v. Venner. What is most germane to associations is the fact the lower Court found, and was upheld by the Appellate division, the attorneys fees and costs to be reasonable, despite the attorneys fees being more than 50% of the amount of maintenance fees due...
New Jersey Supreme Court Rules Cohabitation Not Indispensable to "Palimonty" Claim
Posted on July 11, 2008In a significant opinion issued on June 17, the New Jersey Supreme Court ruled 6-1 that cohabitation is not an absolute requirement for a successful "palimony" claim but is only one of a number of factors a court should consider. Th ruling is important because it breaks tradition with precedent set by nearly every other state court in that a plaintiff need only prove a "marital type relationship" rather than show that the couple lived together for some period of time...
New Jersey Supreme Court Rules Cohabitation Not Indispensable to "Palimony" Claim
Posted on July 11, 2008In a significant opinion issued on June 17, the New Jersey Supreme Court ruled 6-1 that cohabitation is not an absolute requirement for a successful "palimony" claim but is only one of a number of factors a court should consider. Th ruling is important because it breaks tradition with precedent set by nearly every other state court in that a plaintiff need only prove a "marital type relationship" rather than show that the couple lived together for some period of time...
Ruggiero v. Valleybrook HOA - Collecting Maintenance Fees
Posted on July 10, 2008In the recent case of Ruggiero v. Valleybrook Homeowner’s Association (Valleybrook), the plaintiff, Ruggiero, claimed that the method Valleybrook used to collect maintenance fees was not consistent with all sub-associations, and therefore invalid under the law...
How Wide is the Delaware When You Are Divorcing?
Posted on July 09, 2008Many residents of Bucks County Pennsylvania work in the adjoining counties of Mercer, Burlington and Hunterdon, New Jersey and vice versa. When those residents experience marital problems, it is not unusual that one or the other of them may relocate from Pennsylvania to New Jersey or vice versa, and may then have a legitimate option to file for a divorce in either state...
The New Predatory Towing Act
Posted on July 08, 2008Mary W. Barrett, member of Stark & Stark's Community Associations group, authored the article The New Predatory Towing Act for the June 23, 2008 edition of the New Jersey Lawyer. The article discusses the Predatory Towing Prevention Act, signed into law in October of 2007 by Governor Corzine, which primarily increases oversight of tow companies...
Trans-Gender Issues For Employers Under The New Jersey Law Against Discrimination
Posted on July 07, 2008Last Summer, the New Jersey Legislature added “affectional orientation” to the list of protected classes of people under the New Jersey Law Against Discrimination (NJLAD). Now New Jersey employers are faced with another tricky issue on a very practical level which may have not been considered by the Legislature...
Pennsylvania Legislature Sends House Bill 2295 to Governor Rendell
Posted on July 03, 2008As a follow up to a recent post the Pennsylvania House of Representatives, on a concurring vote, approved House Bill 2295 yesterday (199-0). The House originally passed HB 2295 on June 11, 2008. After the House originally approved the Bill in June, it was then sent to the Senate...
Supreme Court Gives Developers Leg Up
Posted on July 03, 2008Gary S. Forshner and Vincent J. Mangini, Shareholders of Stark & Stark's Real Estate, Zoning and Land Use Group authored the article Supreme Court Gives Developers Leg Up for the June 23, 2008 edition of the New Jersey Lawyer. The article discusses the March 31, 2008 Supreme Court decision in Toll Bros...
Parenting Coordinator? Custody Mediator? Who's On First?
Posted on July 02, 2008In a case decided on June 17, 2008, a New Jersey appeals court distinguished the roles of a Custody Mediators from Parenting Coordinators in divorce cases. Essentially, a Custody Mediator, whether court-appointed or privately chosen, is barred from making any recommendations to the court concerning custody or parenting time...
New Jersey's Municipal Services Act Becomes an Adult: Only act in the union that requires municipalities to provide services to private communities
Posted on July 01, 2008David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, authored the article New Jersey's Municipal Services Act Becomes an Adult: Only act in the union that requires municipalities to provide services to private communities for the June 23, 2008 edition of the New Jersey Law Journal...
What Constitutes "Changed Circumstances" to Reduce Alimony?
Posted on June 30, 2008On June 19, 2008 a New Jersey appeals court determined that a police chief's retirement, even if involuntary as claimed, was not sufficient to modify his alimony obligation. The Court found that the trial judge had failed to consider numerous other factors which had bearing on whether alimony should be reduced or terminated, as defined by statute and case law...
Parenting Issues Can Not Be Arbitrated
Posted on June 27, 2008In a decision released for publication on June 16, 2008, the New Jersey Appellate Division held that parenting or custody issues can not be submitted to binding arbitration notwithstanding the parties agreement or even a Court Order. (Fawzy v Fawzy, Judge Simonelli) In Fawzy the parties agreed, on the record and in open Court, to submit their parenting disagreement to binding arbitration...
Pennsylvania's House Bill 2295 Moves to Senate
Posted on June 26, 2008HB 2295 will provide a condominium association with a"super-priority" lien for assessments payable by unit owners. This means thatan association will be able to collect up to six months of unpaid assessmentsfrom unit owners in the event of a judicial sale, and/or foreclosure of a unit...
Vermont House Bill Which Would Have Rendered Non-Competes Unenforceable Does Not Pass
Posted on June 25, 2008In a previous blog post I discussed House Bill 790 in Vermont which would have had a substantial negative impact upon franchising in Vermont. It would essentially void non-compete provisions in franchise agreements. The Bill apparently languished in committee through the end of the May session, which effectively kills it for the time being...
Cottelli v. Leisure Village East Association - Tort Immunity In Community Associations
Posted on June 25, 2008In Cottelli v. Leisure Village East Association, plaintiff slipped and fell on snow and ice outside of the condominium association. After the plaintiff filed suit, and before the deposition of the association could occur, the association filed a summary judgment motion stating that tort immunity language within their governing documents absolved them from liability in this case...
Minority Oppression Claims: A Primer on Acting, Standing, Remedies and Valuation
Posted on June 24, 2008Scott I. Unger, Shareholder of Stark & Stark's Litigation group authored the article Minority Oppression Claims: A Primer on Acting, Standing, Remedies and Valuation for the June 16, 2008 edition of the New Jersey Law Journal. The article addresses what constitutes actionable minority oppression, who has standing to assert minority oppression claims, the remedies available to oppressed parties and the meaning of “fair value” with respect to a court-ordered buyout of a minority shareholder’s interest in the closely held company...
Bill Singer Interviewed on Bear Stearns Hedge-Fund Manager's Indictment
Posted on June 23, 2008Bill Singer, Shareholder of Stark & Stark's Securities Practice group, was interviewed for Bloomberg Radio regarding the government's case against former Bear Stearns' hedge-fund managers Ralph Cioffi and Matthew Tanni after they were indicted on June 19, 2008...
Binding Arbitration of Child-Related Issues Struck Down
Posted on June 23, 2008During the past decade divorce lawyers have witnessed the steady growth of "Alternate Dispute Resolution" (ADR) techniques such as mediation and binding arbitration of matrimonial issues. While ADR may be a viable option to a judicial decision, a recent case demonstrates the limits of binding arbitration in the divorce context...
Regulatory Hammer Strikes Again
Posted on June 20, 2008Gerald Faber, Shareholder of Stark & Stark's Employment, Business & Corporate and Real Estate, Zoning & Land Use Groups authored the article Regulatory Hammer Strikes Again for the June 9, 2008 edition of the New Jersey Lawyer. The article discusses a company's need to have a clear understanding of the Construction Industry Independent Contractor Act (CIICA), as well as the need for employers to follow the requirements outlined in the Act...
Buyers, Sellers - What An Attorney Does For You
Posted on June 19, 2008When buying and selling a home, many believe that they can represent themselves, or that the others involved in the house sales transaction will adequately protect their interests. But is this a penny-wise and pound foolish approach? Just what does an attorney do when representing a buyer or seller? The attorney’s obligation is to represent their client’s interest exclusively...
Contractors Be Warned: Don't Get Nailed
Posted on June 18, 2008Michael J. Fekete, member of Stark & Stark's Business & Corporate group, authored the article Contractors Be Warned: Don't Get Nailed for the May 5, 2008 edition of the New Jersey Law Journal.Mr. Fekete's article discusses how contractors can avoid potential liabilities by complying with the New Jersey Home Improvement Contractors Act...
Lost Wages and Employee Negligence
Posted on June 18, 2008Suits are often filed after the dissolution of a corporation takes place, as an attempt to recover lost wages earned and owed to employees. Cases usually begin with suits filed by the employees seeking to recover their lost wages, and can sometimes result in the filing of counter suits against employees by the managing officers or owners claiming liability for lost profits due to negligence...
Legislative Update: Construction Lien Law
Posted on June 17, 2008On April 22, 2008, the New Jersey Law Revision Commission issued a revised draft of its tentative report on the Construction Lien Law, N.J.S.A. 2A:44-1, et seq., which includes numerous suggestions that, if enacted, would serve to clarify some and completely change other provisions of the statute...
Same Sex Marriages, Civil Unions and Domestic Partnerships---How and Where Can They Be Terminated?
Posted on June 16, 2008Massachusetts and, perhaps, California now permit Same Sex Marriages. Several States (including New Jersey) permit same sex Civil Unions or Domestic Partnerships. A Same Sex Marriage can only be dissolved by a divorce and most Civil Union and Domestic Partnership statutes provide that they can only be terminated by an action tantamount to a divorce...
Redevelopment Applications - Consistency Review
Posted on June 13, 2008Milford Mill 128, LLC v. Borough of Milford, et al. On May 2, 2008, the Appellate Division in Milford Mill 128, LLC v. Borough of Milford, et al. evaluated, among other issues, the validity of a redevelopment plan that required the municipal governing body to review of all proposed redevelopment projects for consistency with the redevelopment plan and any relevant redeveloper agreement as a prerequisite to the filing of an application for development with the local planning board - in this case a joint board - and prohibited the joint board from granting any variances from the plan requiring, instead, that any such deviations be approved by the governing body by way of amendment to the redevelopment plan...
Make Sure to Consider Your Developer's Commercial General Liability Insurance When Negotiating or Litigating Your Community's Transition
Posted on June 12, 2008Condominiums and HOAs often proceed in transition with the concern that it may not get defects fixed, damages paid and/or funds contributed by developers because a developer may be insolvent, bankrupt, an inactive "shell" company or otherwise asset-less...
Pool Rules and the Fair Housing Act
Posted on June 12, 2008The Fair Housing Act (the "FHA") makes it illegal to discriminate against any person in the provision of housing-related services and facilities based on familial status. "Familial Status" is defined by the FHA as one or more persons who have not attained the age of 18 who live with a parent or legal guardian...
Condominium Associations and Satellite Dishes
Posted on June 12, 2008In this digital world that we live in, a common question that arises from our clients relates to what ability a condominium association has to restrict and control the placement of satellite dishes. Issues regarding the placing of satellite dishes tend to arise in associations that are either located in heavily populated urban areas where a direct line of sight to a satellite is not available or in a heavily wooded area where surrounding trees block reception...
Foreclosure Vs. Money Judgment
Posted on June 12, 2008Owners in a condominium or homeowners association must understand that non-payment of maintenance fees will result in either foreclosure or a personal judgment against them. Maintenance fees are the lifeline of community associations and these associations would not survive without them...
Is a Disability Pension Subject to Equitable Distribution?
Posted on June 12, 2008It is well-settled law that retirement plans such as pensions, 401(k)s, 403(b)s, KEOUGHs, profit sharing plans, deferred compensation plans and IRAs are subject to equitable distribution in the event of divorce. But what about a disability pension? Is that an asset accumulated during the marriage and subject to equitable distribution like a retirement pension, or should it be looked at like a personal injury award or worker’s compensation award wherein if it’s attributable to pain and suffering it is not subject to equitable distribution...
Redeveloper Agreements
Posted on June 11, 2008Monroe Properties, LLC, et al. v. The City of Hoboken, et al. On May 30, 2008, the Appellate Division in Monroe Properties, LLC, et al. v. The City of Hoboken, et al. (and the companion case Hoboken Parks Organization, et al. v. The City of Hoboken, et al...
Cohabitation By An Alimony Recipient
Posted on June 10, 2008In the world of post-divorce litigation, the issue of cohabitation by an alimony recipient continues to be an area of contention. On the one hand, since there is no longer a duty of marital fidelity, should a former spouse who is receiving alimony be barred from living with whoever he or she chooses, especially since the paying spouse is free to do so? On the other hand, should a person paying alimony be compelled to continue doing so when his or her former spouse is cohabiting instead of remarrying which would terminate alimony? New Jersey courts have wrestled with these issues for years and, while every case is (as we lawyers say) fact-specific, there are legal guideposts to help navigate the terrain...
Free Wi-Fi At New Jersey State Bar Association Headquarters
Posted on June 09, 2008Stark & Stark is proud to support The Law Center, home to both the New Jersey State Bar Association and the New Jersey State Bar Foundation, through a donation which will enable The Law Center to provide wireless internet access to all public areas of the building...
Board Withholding Budget
Posted on June 06, 2008A. Christopher Florio, Shareholder and Co-Chair of Stark & Stark's Community Associations group, contributed to the Questions & Answers section of the May 2008 edition of the New Jersey Cooperator. Mr. Florio's Q&A can be found below: Q - I filed a civil action against my condo association’s board...
How To Start A Business
Posted on June 05, 2008Cary S. Kvitka, member of Stark & Stark's Franchise and Business & Corporate groups, will present a seminar in association with SCORE of Princeton, Counselors to America's Small Business. SCORE offers free and confidential small business advice to help you build your business from idea to start-up to success...
Collecting Unpaid Fees and Assessments
Posted on June 04, 2008David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, presented a seminar at the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute's Annual Conference and Expo on June 3, 2008 entitled Collecting Unpaid Fees and Assessments...
Predatory Towing Act
Posted on June 02, 2008When a parking war erupted last year between two adjacent restaurants in northern New Jersey, the battle resulted in a law which affects the rights of community associations to tow vehicles from their premises. In October 2007, Governor Corzine signed a new bill into law called the “Predatory Towing Prevention Act” (“Towing Act”) which primarily increases oversight of tow companies...
College Contribution & Gac v. Gac
Posted on May 30, 2008In the State of New Jersey, a divorced parent’s obligation to provide toward the higher education of a child of the marriage is generally determined pursuant to the factors set forth in Newburgh v. Arrigo, 88 N.J. 529 (1983). However, in 2006 Gac v...
Chapter 91 Follow Up
Posted on May 28, 2008On January 28, 2008, I wrote an article for the New Jersey Law Journal discussing the consequences of a property owner’s failure to respond to a Tax Assessor’s Chapter 91 request. The article discussed the conflicting case law in this area, including the obligation of the owner of non-incoming producing property to respond to a Chapter 91 request...
Bankruptcy in the Context of Divorce
Posted on May 27, 2008Property Settlement Agreements (herein after “PSAs”) are generally the mechanism utilized to set forth the terms of parties’ agreements and regulate post-judgement (post-divorce) issues. However, PSAs are not entirely enforceable in the context of bankruptcy...
David Byrne to Present at PA CAI Expo & Conference
Posted on May 22, 2008On June 3, 2008 David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, will present a seminar discussing the collection of unpaid assessments and foreclosures at the Annual Pennsylvania and Delaware Valley Community Associations Institute Conference and Expo in Valley Forge, Pennsylvania...
New Federal Pool Safety Law Affects Community Associations
Posted on May 22, 2008For those community associations with pools, it just got a little safer to go back in the water... On December 19, 2007, President George W. Bush signed into law the “Virginia Graeme Baker Pool and Spa Safety Act,” which requires that all existing public pools and spas to be retrofitted with certain approved types of safety drain covers and suction entrapment prevention devices...
Stark & Stark Shareholders to Present at New Jersey Redevelopment Authority
Posted on May 21, 2008Gary S. Forshner and Vincent J. Mangini, Shareholders of Stark & Stark's Real Estate, Zoning & Land Use Group, will present a seminar tomorrow at the New Jersey Redevelopment Authority's Redevelopment Training Institute. The seminar will focus on redevelopment standing issues and a discussion on the relevant data needed in order to take a property for redevelopment...
President Signs Genetic Information Nondiscrimination Act into Law
Posted on May 21, 2008Earlier today (May 21, 2008) President Bush signed into law a bill that prohibits employers from using genetic information about prospective employees to make decisions on hiring. The Bill had received almost unanimous support in both the House and Senate...
Successfully Transitioning A Community From Developer to Owner Control
Posted on May 19, 2008David J. Byrne, Shareholder and Co-chair of Stark & Stark's Community Associations group presented a seminar at the 1st Annual Cooperator's Co-Op & Condo Expo which was held May 14, 2008 in Secaucus, New Jersey. Mr. Bynre presented the seminar Successfully Transitioning A Community From Developer to Owner Control in conjunction with Paul Santoriello of Taylor Management Company...
Case Questions Retroactivity of Change to Offer-of-Judgment Rule
Posted on May 16, 2008Craig S. Hilliard, Shareholder and member of Stark & Stark's Litigation group was quoted in the article Case Questions Retroactivity of Change to Offer-of-Judgment Rule in the May 12, 2008 edition of the New Jersey Law Journal. Mr. Hilliard believes that courts typically resist the retroactive application of new legislation and applying new laws to past acts is disfavored, either on constitutional grounds -- such as due process or, in the criminal context, ex post facto constraints -- or under a "manifest injustice" test...
Protecting Spousal Rights in Real Estate
Posted on May 15, 2008New Jersey has always protected to some extent the rights of a married person in and to New Jersey real estate owned by his/her spouse. Prior to May 28, 1980, protection was provided by means of an interest in the real estate called dower for the wife and curtesy (and not courtesy) for the husband...
Can Community Associations Restrict Sex Offenders?
Posted on May 13, 2008Jonathan H. Katz and Elysa D. Bergenfeld, members of Stark & Stark's Community Associations group, authored the article Can Community Associations Restrict Sex Offenders? for the April 2008 issue of Community Trends. The article discusses the steps New Jersey municipalities have taken over the past several years in an attempt to increase the safety of their residents, specifically for the children's safety in these areas...
Ordinance Requiring Disclosure of Political Contributions Held Unconstitutional
Posted on May 12, 2008Local ordinances requiring the disclosure of political contributions in connection with applications for land use approvals under the Municipal Land Use Law (“MLUL”) have popped up in one form or another in numerous New Jersey municipalities...
Historic Preservation Statues
Posted on May 09, 2008Cotswold vs. Renaud, et al. On April 30, 2008, the Appellate Division in Cotswold v. Renaud, et al. evaluated whether an historic fountain, although not affixed to the real estate, was protected under a local preservation of historic landmarks ordinance...
Stark & Stark Shareholder Wins $699,000 Verdict in Breach of Contract and Copyright Infringement Case
Posted on May 08, 2008Mon Cheri Bridals, Inc. v. Wen Wu et al, Civil Action No. 04-1739 (AET) Mon Cheri Bridals, a large wholesale manufacturer of wedding dresses and social occasion dresses, brought suit in U.S. District Court in Trenton, New Jersey against a competitor, Wen Wu and various companies he owned and controlled, alleging that Mr...
On Franchising
Posted on May 07, 2008Adam J. Siegelheim, member of Stark & Stark's Franchise Group, was quoted in the article On Franchising in the May 6, 2008 edition of the Wall Street Journal. The article addresses some of the most common issues facing new franchisors and some new concerns franchisors need to be aware of before starting a franchise of their own...
Linens-N-Things Bankruptcy
Posted on May 05, 2008Three Critical Issues for SuppliersOn May 2, 2008, Linens-N-Things and its affiliated entities filed for Chapter 11 bankruptcy protection in the District of Delaware. Linens-N-Things has a number of different suppliers that are effected by this bankruptcy filing...
Commercial Landlords: Four Important Questions to Ask When a Tenant Files for Bankruptcy
Posted on May 02, 2008With the recent downturn in the market, a number of commercial tenants are experiencing financial difficulties. In turn, this can lead to problems for commercial landlords, most importantly, the tenant staying current with lease payments. This may then lead to the tenant filing for bankruptcy protection...
Debunking New Jersey Family Law Myths - Part 2
Posted on May 01, 2008Myth 2: Divorced or unmarried parents do not have a financial obligation to provide post-secondary education support to their unemancipated children. As a family law practitioner, I often find that one of the “hot button” issues for my clients is the forced contribution to the post-secondary (college) costs of their children...
Avoiding Litigation In A Complex World
Posted on April 30, 2008David J. Byrne, Shareholder and member of Stark & Stark's Community Associations group presented a seminar at the 21st Annual Cooperator's Co-Op & Condo Expo which was held April April 28 - 29, 2008 in New York. New York. The seminar focused on avoiding litigation and stopping lawsuits before they start...
Condominium Owner May Not Withhold Payment of Assessments Because of Claimed Water Infiltration and Mold
Posted on April 28, 2008A unit owner in a top floor of a Union City condominium recently decided to pay his monthly assessments into an escrow account, alleging that the condominium association had failed to maintain the roof, proximately causing damage to the unit, and personal injury to the owners living inside...
Recent Revisions to the Trademark Trial and Appeal Board Rules
Posted on April 25, 2008Martin P. Schrama and Melissa D. Doogan authored the article Recent Revisions to the Trademark Trial and Appeal Board Rules for the New Jersey Law Journal's April 14, 2008 Intellectual Property & Life Sciences Supplement. The article discusses the impacts the substantial rule changes set forth by the Trademark Trial and Appeal Board and the United States Patent and Trademark Office will have on trademark opposition and cancellation actions...
Short Sales When Loans Exceed the Value of a Home
Posted on April 24, 2008What is a short sale? This a term which is being used with increasing frequency in today’s real estate market. A short sale is when the proceeds from the sale of a home are not sufficient to fully pay off all outstanding debts which are secured by the property (mortgages) after first deducting the homeowner’s costs of selling the property...
NJ Legislature to Consider Applying the Franchise Practices Act to "Mobile" Franchises
Posted on April 23, 2008House Bill 2491 and Senate Bill 1539 of the New Jersey Legislature seek to expand the type of franchises, which are subject to the New Jersey Franchise Practices Act. In general, the New Jersey Franchise Practices Act currently applies to franchises where: 1) the franchisor has granted the franchisee a license, mark, trade name, etc...
David Byrne to Present at 2008 Cooperator Expo
Posted on April 22, 2008David J. Byrne, Shareholder in Stark & Stark's Community Associations group will present at the 2009 Cooperator Co-Op & Condo in New York, New York. The expo will take place Tuesday April 29th from 9AM - 5PM. Mr. Byrne will present on avoiding litigation...
Toll Bros v. Board of Chosen Freeholders: Developer May Seek to Modify Developer's Agreement Upon Changed Circumstances
Posted on April 14, 2008On March 31, 2008, the New Jersey Supreme Court decided Toll Bros. v. Board of Chosen Freeholders, which principally held that a developer may seek to modify or reform an off-tract improvements obligation in a developer’s agreement when the project to which such obligation relates has changed...
Landlord's Beware: Options to Purchase Commercial Property Strictly Adhered
Posted on April 11, 2008Recently, the Appellate Division of the State of New Jersey in Patel v. 323 Central Avenue Corp., et. al., declared that a tenant’s exercise of his option to purchase certain commercial property was barred. The court found that the contract was never signed, no enforceable oral agreement was ever intended, the tenant did not make a valid election to exercise his option under lease, and the tenant did not extend his option under the lease...
Municipality Not Estopped from requiring Property Owner to Correct Deviations from Approved Site Plan Existing at Time Certificate of Occupancy was Issued
Posted on April 09, 2008On March 31, 2008, the New Jersey Superior Court, Appellate Division decided Viecelli et al. v. Planning Board of the Borough of Point Pleasant, et al., an unpublished decision. In this case, the plaintiffs constructed improvements on land for an ice cream shop after receiving site plan approvals from the planning board...
Landlord's Beware: Court Awarded Tenant Attorneys Fees and Double Security Deposit for Failure to Return to Tenant
Posted on April 08, 2008Recently, in an unpublished decision, the Superior Court of New Jersey in James Gamble v. David Connolly and Connolly Properties, Inc., DC-6838-07 held that a landlord’s lease was an adhesion contract that did not create a year tenancy, but rather only a holdover tenancy...
Vermont Legislature Introduces Legislation That May Render Non-Compete Provisions in Franchise Agreements
Posted on April 07, 2008The Vermont legislature introduced House Bill No. 790 on February 1, 2008. The Bill would render non-compete provisions of franchise agreements void unless the franchisor can prove to the Court’s satisfaction that the franchise agreement is: (1) consistent with public policy; (2) necessary to protect the franchisor; (3) not a contract of adhesion; and (4) reasonable considering the subject matter and conditions...
Pre-Owned and Inherited Assets
Posted on April 04, 2008The issue of pre-owned assets frequently arises in divorces involving persons who were married later in life or second marriages. If one or both of the parties have accumulated assets prior to their marriage, very difficult issues often arise as to how those assets should be treated in the event of a divorce...
The Imporatnce of Insurance Coverage in Mediating Complex Construction Claims
Posted on April 03, 2008Thomas J. Pryor, Shareholder and Chair of Stark & Stark's Insurance Coverage & Liability Group, has authored the article, The Importance of Insurance Coverage in Mediating Complex Construction Claims for the March 31, 2008 issue of the New Jersey Law Journal...
The Importance of Insurance Coverage in Mediating Complex Construction Claims
Posted on April 03, 2008Thomas J. Pryor, Shareholder and Chair of Stark & Stark's Insurance Coverage & Liability Group, has authored the article, The Importance of Insurance Coverage in Mediating Complex Construction Claims for the March 31, 2008 issue of the New Jersey Law Journal...
Estate Tax Changes in the Economic Growth and Tax Relief Reconciliation Act of 2001
Posted on April 02, 2008If Benjamin Franklin were still alive, his oft-quoted statement would likely have been: “In this world nothing is certain but death, taxes, and politics.” The estate tax changes in the Economic Growth and Tax Relief Reconciliation Act of 2001 stand as a testament to the absurd results made possible when politicians are permitted to write tax law...
Five Things You Should Know About Bankruptcy
Posted on April 01, 2008Bankruptcy filings increased in February 2008 by 18% from January, and by 28% from a year earlier. In fact, February was the busiest month for filings since Congress overhauled bankruptcy law in October 2005 with the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA")...
Can A Message Board Violate New Jersey's Consumer Fraud Act?
Posted on April 01, 2008The March 24, 2008, edition of the New Jersey Lawyer reported that the New Jersey Attorney General is investigating whether or not it’s Division of Consumer Affairs should assert fraud or Consumer Fraud claims against JuicyCampus.com, a free website which allows individuals to post anonymous opinions to "often nonsensical and sometimes vicious discussions" about who’s the most overweight student on campus, or who on campus has the most morally casual attitude? This invites the following question: can the New Jersey Attorney General successfully assert claims against this website? Probably not...
Two Stark & Stark Attorneys Named Legal Eagles in Franchise
Posted on April 01, 2008Rachel Lilienthal Stark, Shareholder in Stark & Stark's Franchise group, and Adam J. Siegelheim, member of Stark & Stark's Franchise group, have been named Legal Eagles in the franchise industry by Franchise Times Magazine. Legal Eagles are chosen annually from hundreds of nominations across the country...
Job References: Problems for Good References, Problems for Bad References
Posted on March 31, 2008As the economy worsens, employers are facing an increasing number of lawsuits over employee references. Whether the employer gives a good reference or a bad reference, there is an increase in lawsuits being filed against the employer. In Georgia, a lawsuit is pending against a school district for giving a positive reference to a teacher who had been convicted of a sex crime and went on to teach in a district where he was later charged with raping a student...
DurstNotes on Divorce Law - # 9
Posted on March 28, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
What You Type May Be Used Against You
Posted on March 27, 2008Before sending any email, especially one associated with your role as a Board Member, answer this question: How would you feel if this email were projected onto a large screen in open court in the presence of a jury? I suspect if more people asked themselves this simple question, the number of emails sent per day would decrease dramatically...
Domestic Violence Victim - Change of Name
Posted on March 26, 2008In The Application of EFG to Assume a New Name (decided by the New Jersey Appellate Division on March 17, 2008) the Appellate Court ruled that a victim of domestic violence who wished to change her name was not required to publish her new name and that the Court records of the name change could be sealed...
Minority Oppression in Relation to "Fair Value" of Stock
Posted on March 25, 2008The Honorable Gerald C. Escala of the Superior Court of New Jersey, Chancery Division, Bergan County issued an interesting decision which provides additional guidance on the legal issue of minority oppression along with the calculation of “fair value” of the minority owners stock...
Stark & Stark Attorney Comments on Bear Stearns Collapse
Posted on March 25, 2008Bill Singer, Shareholder and member of Stark & Stark's Securities group, was interviewed for the article Bear Stearns Collapse is Opportunity For One Caribbean Stock Exchange for Caribbean World News.com. The article discusses the March 16th collapse of Bear Stearns and the opportunities this could present to the One Caribbean Stock Exchange...
Eligibility for Property Tax Deductions
Posted on March 24, 2008While property taxes always seem to be rising, there are some property owners who are entitled to reductions in their real property taxes due to deductions which are authorized by State law. Senior citizens who are residents of the State and are of the age of 65 or more years and meet certain income requirements are entitled to a deduction of $250...
DurstNotes on Divorce Law - # 8
Posted on March 21, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
Court Limits Damages in Restrictive Covenant Cases
Posted on March 20, 2008Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Litigation group, and Michael J. Brittan, member of Stark & Stark's Employment Litigation group, have authored the article, Court Limits Damages in Restrictive Covenant Cases, for the March 17, 2008 edition of the New Jersey Law Journal...
DurstNotes on Divorce Law - # 7
Posted on March 14, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
New Jersey Legal Update - Podcast # 73
Posted on March 14, 2008This week's Franchise Law podcast is an interview with the Vice President of Franchisee Development for Huntington Learning Center, Tom Spadea. The interview took place at February's 2008 International Franchise Association's Annual Convention in Orlando, Florida and discusses franchise development and recruitment strategies, the new Franchise Disclosure Document, and a discussion on how to train your employees on policy and procedure updates...
HUD Releases New Guidelines on "Reasonable Modifications" under the Fair Housing Act
Posted on March 13, 2008On March 5, 2008, the Department of Housing and Urban Development (“HUD”), in conjunction with the Department of Justice, issued a Joint Statement, which reinforced the rights of persons with disabilities to make “reasonable modifications” to their dwellings or, in some cases, to common areas of a building or complex, so that they can fully enjoy the premises...
Arbitrator's Immunity From Civil Liability
Posted on March 12, 2008Is an Arbitrator in a civil matter immune from a party's claim of negligence that occurs during the arbitration proceeding? This is the question that was recently asked in a case heard before the Appellate Division of the New Jersey Superior Court...
Collecting Unpaid Common Charges in New York
Posted on March 11, 2008Common charges are essential to the operation of a condominium association. Such charges pay for the care and maintenance of the buildings and grounds, on-site staff, upkeep of recreational facilities, etc. If owners falls behind in common charge payments, the building may face difficulties paying for operating expenses...
Repairs During Transition or Litigation
Posted on March 11, 2008Organized and thorough records could encourage a contractor or developer to settle a dispute with an association short of trial or even prior to initiating litigation. It is imperative that a specific procedure be put into place and followed with respect to construction issues that arise at an association during transition or when an association is involved with or anticipates litigation with its developer and/or subcontractors...
The Right to Dry: Using Clotheslines in Community Associations
Posted on March 11, 2008In recent months, articles in numerous publications – including Time, The Wall Street Journal and The New York Times – have examined a growing environmental movement that has been dubbed “The Right to Dry”, namely, the right to utilize clotheslines and air-drying in community associations...
Board Member Liability
Posted on March 11, 2008In most New Jersey Community Associations it is difficult to find qualified and interested persons to serve on the Board of Trustees. Volunteer Board Members must put in long hours for no pay and sometimes little appreciation. Now, consider for a moment if members of Boards were exposed to personal judgments for their actions while serving as a member of a Board...
Stark & Stark Attorney Comments on Governor Spitzer Case
Posted on March 11, 2008Bill Singer, Shareholder and member of Stark & Stark's Securities group, was interviewed for Bloomberg TV addressing the recent charges against New York Governor Eliot Spitzer. Mr. Singer comments on the allegations of Mr. Spitzer's involvement with Emperors Club prostitutes, and what these charges could mean for Wall Street, and the state of New York...
Title 39, New Jersey's Municipal Services and Ownership of a Community's Roads
Posted on March 11, 2008Very often communities and their boards believe that the benefits and/or protections afforded by what is commonly known as "Title 39", and the protections of New Jersey's Municipal Services Act, are available to communities only to the extent those communities' roads are public (i...
Thank You for Not Smoking
Posted on March 11, 2008More than a year has passed since New Jersey enacted its Smoke-Free Air Act (the “Act”) banning smoking in most public places. The smoking ban impacts community association owners because clubhouses fall under the “indoor public place” and “workplace” categories...
Thank You for Not Smoking
Posted on March 10, 2008More than a year has passed since New Jersey enacted its Smoke-Free Air Act (the “Act”) banning smoking in most public places. The smoking ban impacts community association owners because clubhouses fall under the “indoor public place” and “workplace” categories...
Title 39, New Jersey's Municipal Services and Ownership of a Community's Roads
Posted on March 10, 2008Very often communities and their boards believe that the benefits and/or protections afforded by what is commonly known as "Title 39", and the protections of New Jersey's Municipal Services Act, are available to communities only to the extent those communities' roads are public (i...
The Basics of Custody
Posted on March 10, 2008The custody arrangement for minor children is often the most important issue in a divorce. There are, of course, cases in which one of the parents has abandoned their parental responsibilities, suffers from various addictions, suffers from a significant mental or emotional condition or are otherwise unfit to assume either physical or legal custody...
DurstNotes on Divorce Law - # 6
Posted on March 07, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
Thomas Giachetti to Present at InvestmentNews Workshop Series
Posted on March 05, 2008Thomas D. Giachetti, Chair and Shareholder of Stark & Stark's Securities Practice group, will present at the 2008 InvestmentNews What you Need to Know About Going Independent workshop series for advisers. The series will help you understand the pro's and con's of becoming a Registered Investment Adviser (RIA), and will will provide you with the opportunity to discuss your options with others in your field, educate yourself on the process of going independent, and learn from industry experts what it really takes to make this move...
Eliminating the 80/20 Rule Offers Tax Relief to New York City Co-ops
Posted on March 04, 2008We all want to enjoy tax benefits and increase the value of our homes. Well, New York City co-ops were formally restricted in that respect pursuant to Section 216 of the Internal Revenue Service (“IRS”) code. This federal tax rule (also known as the “80/20 Rule”) required residential co-ops to get at least 80 percent of their gross income from their tenant-shareholders and no more than 20 percent form other sources like commercial rents...
Stark & Stark Opens Newtown, Pennsylvania Office
Posted on March 03, 2008The attorneys of Stark & Stark are pleased to announce the opening of the firm’s Newtown, Pennsylvania office. Located at 777 Township Line Road, the firm’s Newtown office will provide a full range of legal services to those living and doing business in Bucks County...
Municipal Services: Is Your Community Association Paying Twice?
Posted on March 03, 2008Jonathan H. Katz, member of Stark & Stark's Community Associations group, authored the article Municipal Services: Is your Community Association Paying Twice? for the Winter 2008 edition of the Community Association's Community Assets. You can read the full article here (PDF).
DurstNotes on Divorce Law - # 5
Posted on February 29, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
DurstNotes on Divorce Law - # 4
Posted on February 22, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
New Law Requires Removal of Snow and Ice From Handicapped Parking Within 24 Hours
Posted on February 18, 2008On January 13, 2008, Governor Jon Corzine signed into law C. 39:4-207.9, which requires that snow and/or ice must be removed from handicapped parking spaces to provide accessibility for disabled persons within twenty four (24) hours after the weather condition causing the snow or ice ceases...
DurstNotes on Divorce Law - # 3
Posted on February 15, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
Ensuring the Benefit of the Bargain - Due Diligence for Business Acquisitions
Posted on February 14, 2008Before purchasing a business, the proposed buyer of company should request and review extensive documents about the target company’s ownership, function, income, assets, obligations and liabilities. That process, called “due diligence” affords the buyer the last real chance understand exactly what he or she is buying...
Kerviel Haunts Credit Agricole, HSBC and Toronto-Dominion Too
Posted on February 13, 2008Bill Singer, Shareholder and member of Stark & Stark's Securities group, was quoted in the article Kerviel Haunts Credit Agricole, HSBC and Toronto-Dominion Too on Bloomberg.com. Mr. Singer was interviewed for the article and credits the recent $7...
New York Condominiums Sue Town Over Municipal Services
Posted on February 12, 2008In late January, a group of condominium associations and owners filed suit against the Village of Piedmont, charging that Piedmont had violated their civil rights and failed to provide equal protection under the law as a result of unfair taxes and assessments...
Case Denying Coverage Has Limited Relevance
Posted on February 11, 2008Thomas J. Pryor, Shareholder and member of Stark & Stark's Insurance Coverage & Liability and Litigation groups, has authored the article Case Denying Coverage Has Limited Relevance: Recent appellate decision did not shore up erosion of Weedo's current relevance for the February 4, 2008 issue of the New Jersey Law Journal...
DurstNotes on Divorce Law - # 2
Posted on February 08, 2008DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
Failure to Respond to a Tax Assessor's Chapter 91 Request May Not Bar An Appeal
Posted on February 07, 2008Timothy P. Duggan, Shareholder and member of Stark & Stark's Condemnation and Bankruptcy & Creditor's Rights groups, has authored the article Surviving the Silent Killer: Failure to Respond to a Tax Assessor's Chapter 91 Request May Not Bar An Appeal for the January 28, 2008 issue of the New Jersey Law Journal...
Higher Foreclosure Rates Mean Closer Oversight By Associations And Managers
Posted on February 06, 2008It seems impossible to watch the news or read the paper these days without hearing about the troubled real estate market, as well as the troubles Americans are having with their mortgages. According to the California-based real estate tracking company, RealtyTrac, roughly 2...
Counsel Fees & Costs May Be Awarded In A New Jersey Law Against Discrimination Case
Posted on February 05, 2008In a recent Appellate Division case, Michael vs. Robert Wood Johnson University Hospital, et al., the New Jersey Superior Court - Appellate Division was presented with a question of whether reasonable counsel fees could be awarded to a Defendant who prevails in an action under the New Jersey Law Against Discrimination...
Equitable Distribution in Domestic Partnerships
Posted on February 04, 2008In the first decision of its kind in New Jersey, a Gloucester County judge has ruled that persons who registered as domestic partners since 2004 but who did not form a civil union under the 2006 law are nonetheless entitled to an equitable distribution of assets in the same way such assets would be distributed in the divorce of a married couple...
DurstNotes on Divorce Law - # 1
Posted on February 01, 2008DurstNotes on Divorce Law is a nine part podcast series of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...
Supporting the Right to Obtain a Disability Carrier's Underwriting Manuals
Posted on January 30, 2008Shore Orthopaedic v. The Equitable is an important case in a policyholder’s arsenal - supporting the right to obtain a disability carrier’s underwriting manuals to challenge a claim denial. The Appellate Court decided on January 24, 2008 that a $50,000 counsel fee award by the trial judge in favor of plaintiff was the proper sanction, after the disability carrier, Equitable, delayed producing its underwriting manual...
Halting Employee Theft
Posted on January 29, 2008Kevin M. Hart, Shareholder and member of Stark & Stark's Litigation group, recently authored the article Halting Employee Theft for Biz 4 NJ. The article discusses various options an employer can take to prevent employee theft within an organization, during a time when more than $600 million annually is being stolen from companies...
Correcting Mistakes in Tax Assessments
Posted on January 28, 2008The average property owner in the Garden State pays about $6,000 a year in property taxes, twice the national average. To make matters worse, New Jersey is facing a projected $3 billion budget deficit for 2008, which will only complicate the legislature’s effort to provide property owners with any meaningful type of property tax reform...
New Jersey Legal Update - Podcast # 72
Posted on January 25, 2008This week's Franchise Law podcast is an interview with the President of MFV Expositions, Tony Portesy. The interview discusses the growing rate of franchises in and outside of the United States and what this means for the future of the franchise industry...
New Jersey Legal Update - Podcast # 71
Posted on January 24, 2008This week's Franchise Law podcast is an interview with Chief Franchising Officer of Hollywood Tans, Steve Beagelman. The interview took place at the 2008 Franchise Expo South, held earlier this month in Miami Beach, Florida. This week's Franchis Law Podcast is presented by Shareholder of Stark & Stark's Franchise Law Group, Adam J...
Enforcing Liens on Real Estate Projects
Posted on January 18, 2008Jeffrey S. Posta, Shareholder and member of Stark & Stark's Bankruptcy & Creditor's Rights Group authored the article, Enforcing Liens on Real Estate Projects: Creditors must be diligent to protect their rights, for the January 14, 2008 edition of the New Jersey Law Journal...
Stark & Stark Attorneys to Present at Atlantic Builders Convention
Posted on January 17, 2008Gary S. Forshner, and Vincent J. Mangini, Shareholders in Stark & Stark's Real Estate, Zoning and Land Use group, will speak at the 59th annual Atlantic Builders Convention. This year's convention will take place April 16-18, 2008 in Atlantic City, New Jersey...
Damages For An Alleged Violation of A Non-Solicit Agreement
Posted on January 16, 2008The New Jersey Supreme Court in the case of Totaro, Duffy, Cannova & Company, LLC vs. Lane, Middleton & Company, LLC gave some insight for a Court to award damages for violations of a non-solicit agreement. The facts of the case are as follows: In 1997, Merritt Lane and David Middleton formed an accounting firm known as Lane, Middleton & Company, LLC...
Upon Abandonment, Condemnor Must Pay Legal Fees and Expenses
Posted on January 14, 2008N.J.S.A. 20:3-26(b), part of the Eminent Domain Act of 1971, provides: If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such real property, such sum as will reimbursed such owner for his reasonable costs, disbursements and expenses actually incurred, including reasonable attorney, appraisal and engineering fees...
Collecting Prejudgement Interest on Debts
Posted on January 11, 2008I am often asked by clients whether prejudgment interest can be obtained from debtors on unpaid claims. Prejudgment interest is usually awarded by the courts in New Jersey only when a written contract exists between the creditor and the debtor which includes a provision for the assessment of interest if payment is not received by the creditor in a timely manner...
Lasting Family Practice: Lawrence Law Firm Celebrates 75 Years
Posted on January 10, 2008Stark & Stark was featured in the Wednesday January 9, 2008 edition of The Trenton Times in the article Lasting Family Practice: Lawrence Law Firm Celebrates 75 Years. The article highlights Stark & Stark and its members as it begins to celebrate its 75th anniversary this year...
New Bill Will Add Additional Burden To Employers
Posted on January 09, 2008A Bill has now passed in the Senate, 38 – 0 (S-2488/A-3451) on December 19, 2007 that will make it unlawful for an employer to discriminate against employees because of “religious practices.” The importance of this bill is that it goes beyond protecting an employee from being discriminated against because of their religion, and specifically protects them from discrimination based on “religious practice...
New Jersey Legal Update - Podcast # 70
Posted on January 04, 2008This week's New Jersey Legal Update podcast will discuss the necessary insurance coverage needed for franchisors in order to protect your franchise system against claims. This podcast will address good practices to follow when determining your level of insurance, as well as a discussion on industry standards and the various types of coverage available to you and your business...
Landlord's Beware: Commercial Tenant Failure to Obtain Municipal Permits Not Grounds For Eviction
Posted on January 03, 2008The New Jersey Appellate Division in an unpublished decision, Cesar S. Arredondo v. Nersy Pujols, Docket No. A-5459-05T25459-05T2, ruled that breaches of both of a lease provision and a New Jersey statute for failing to obtain municipal permits before commencing construction work were NOT grounds for evicting a commercial tenant...
Congress Adds FMLA Rights
Posted on January 02, 2008In somewhat of a surprise move, on December 14, 2007, Congress amended the Family Medical Leave Act (FMLA) to add two additional reasons for applying for FMLA leave. One provision adds that FMLA can be taken for a “qualifying exigency” arising from active duty in the armed services...
Employees Giving Notice of FMLA Requests
Posted on December 26, 2007On appeal, the Third Circuit reversed this holding with the Court stating that the Plaintiff’s “verbal” notice was sufficient to entitle him to a claim under benefits through the Family Medical Leave Act (FMLA), even if he had not followed the Company’s policies...
YMCA Hires Architect for Project
Posted on December 20, 2007Gary S. Forshner, Shareholder and member of Stark & Stark's Real Estate, Zoning and Land Use group was quoted in the Thursday December 13, 2007 issue of the South Brunswick Post, in the article YMCA hires architect for project. Mr. Forshner comments on the proposed expansion of the South Brunswick Family YMCA and what the added support for the additions could mean for the South Brunswick community...
Follow-up on Step-Mother Kidnaping Case
Posted on December 19, 2007On September 21,2007 Robert J. Durst wrote questioning the logic of step mother's conviction for kidnaping her step children. A Ms.Froland left the country with her step children and her husband, their father. The kidnaping charge against her husband, the father, had been dismissed on the theory that he had the right to relocate/travel with his children...
At Will Employment Alive and Well in the Franchise Context
Posted on December 18, 2007In a recent unpublished decision by the New Jersey Appellate Division, known as Ashwall and Winograd v. Prestige Management Services, Inc., et als. (Decided October 16, 2007), the Court dealt with a claim by employees of a New Jersey automobile dealership franchise who claimed religious discrimination and “promissory estoppel” against their former employer...
What to Do When You Receive A Bankruptcy Preference Demand Letter
Posted on December 14, 2007Many businesses are receiving “preference” demand letters directing the return of money received from bankrupt debtors. Among the more notable bankruptcy cases in New Jersey from where such preference demands may arise include: Best Manufacturing Group, New Jersey Affordable Homes, Rockaway Bedding, Marcal Paper Mills, Kara Homes, Elliot Building Group and Ash Holdings...
Pending Litigation Impacting NY Condominiums and Cooperatives
Posted on December 13, 2007There are basic laws that governs condominiums (“condos”) and cooperatives (“co-ops”) in New York. Condos are governed by the New York Condominium Act, Article 9-B, Real Property Law (the “Condominium Act”). Co-ops are governed by the Business Corporation Law...
Appeals Court Affirms Request for Arbitration After Parties Had Litigated for Over One Year
Posted on December 12, 2007The New Jersey Appellate Division decided Delam Construction v. 15 Thornton Road on December 10, 2007. The parties had entered into a contract for Delam to construct a building. Defendant, Thornton, owed Delam a balance of $187,368 for Delam’s work on the project...
New Jersey Law Blog Featured in Star Ledger
Posted on December 11, 2007The New Jersey Law Blog was featured in the December 9, 2007 issue of the Star Ledger in the article Jersey Podcasting. The article discusses the importance and benefits of podcasting for businesses. The article lists several New Jersey based websites offering informative and educational podcasts, including the New Jersey Law Blog...
How the Condo Board Stole Christmas: Restricting the Display of Holiday Decorations
Posted on December 10, 2007Every Who down in Who-ville liked Christmas a lot... but the Grinch, who lived just north of Who-ville, did NOT! The Grinch hated Christmas! The whole Christmas season! Oh, please don’t ask why, no one quite knows the reason. It could be, perhaps, that his shoes were too tight...
At-Will Employment: New Changes and Challenges for Employers
Posted on December 07, 2007Thomas B. Lewis, Chair and Shareholder of Stark & Stark's Employment Litigation Group, and Michael J. Brittan, member of Stark & Stark's Employment Litigation Group authored the chapter At-Will Employment: New Changes and Challengers for Employers for the Winter Edition of Human Resources 2008...
Divorce Law Podcast - # 10
Posted on December 06, 2007The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce...
Your Divorce -- You Do Have Alternatives
Posted on December 05, 2007A common, but sad comment which we often hear from clients who are facing a divorce is theirfeeling that they have no choices. No choice because their spouse wants a divorce or no choice because their spouse’s behavior compels them to file for a divorce...
Societal Norms: Are there any left after CALBI?
Posted on December 03, 2007In Mani v. Mani (183 NJ 70, 2005) Justice Virginia Long, writing the majority opinion for the New Jersey Supreme Court, held that marital fault was not a relevant factor in determining alimony with the exception of two narrow circumstances: 1...
Rambo at the Reigns: When Boards Abuse Their Power
Posted on November 30, 2007David J. Byrne, Shareholder and member of Stark & Stark's Community Associations Group was quoted in the article, Rambo at the Reigns: When Board Members Abuse Their Power, in the October 2007 issue of the New Jersey Cooperator. The article discusses the ways in which power can be abused in a homeowners association, and the warning sings one can use to determine if the power given to a board member is being abused...
Divorce Law Podcast - # 9
Posted on November 29, 2007The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce...
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