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Last Entry: March 31, 2011 at 10:15:40

Condominiums and Second Hand Smoke Claims

Posted on April 16, 2010
Several lawsuits are pending across the United States related to second hand smoke claims in a condominium setting. One of the first was recently decided in Massachusetts. In Burrage v. DeAngelo, et al., a condominium unit owner sued her neighbor, the condominium association and her real estate agent for causing or allowing a hazardous or noxious activity, namely smoking in an adjacent unit...

Employer's Ability to Review Employee E-Mail Communications May Be Limited

Posted on April 14, 2010
A recent New Jersey Supreme Court decision limits the circumstances where an employer may read an employee's personal e-mails stored on a company's computer system. The Court recently held that a company policy is not enough to allow an employer unfettered access to electronic communications by an employee...

Benefits of Using a Tax Appeal Lawyer

Posted on April 14, 2010
Right now all New Jersey homeowners are paying more attention to the amount they pay in property taxes, and many are exploring the possibility of retaining a tax appeal lawyer to help them reduce their property tax burden. Below are some of the benefits that property owners receive when they hire a lawyer who practices in the tax appeal arena: Tax appeal lawyers have relationships with real estate appraisers that specialize in New Jersey tax appeals...

USA, CPA: Preparing sophisticated tax returns is easy for the everyman

Posted on April 13, 2010
Bill Singer, Shareholder in Stark & Stark's Securities Group, served as a panelist in the April 6, 2010 Forbes.com Intelligent Investing Panel USA, CPA: Preparing sophisticated tax returns is easy for the everyman. The article discusses the new trends of people using online services, such as TurboTax, in place of traditional companies like H&R Blog and Jackson Hewitt...

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How to Implement a Mentor-Prot�g� Program to Help Your Franchise System Grow

Posted on April 12, 2010
This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Harvey Homsey, Vice President Franchise Systems for Express Employment Professionals, at the 2010 International Franchise Association Convention in San Antonio, Texas...

YAZ�, Yasmin� and Ocella� - How to Determine Where a Case Should be Heard

Posted on April 02, 2010
YAZ®, Yasmin® and Ocella® are the subject of mass tort litigation treatment in the state courts of New Jersey and Pennsylvania, and MDL treatment in the federal courts, Southern District of Illinois. In many cases, based on the state of residence of the plaintiff, plaintiff's counsel must make a determination as to which forum would be best for the plaintiff's case...

Handling and Protecting the Association, With Respect to an Owner's Bankruptcy

Posted on April 01, 2010
Almost everyday we go online, read the newspaper or watch the news without hearing about our recession, declining real estate values, lending institutions in trouble and the rise in residential foreclosures. During times like these, it is essential that every community create and maintain an effective, efficient and aggressive collection policy...

StarK & Stark Shareholders to Present Seminars at the 2010 Atlantic Builders Convention

Posted on April 01, 2010
Gary S. Forshner and Vincent J. Mangini, Shareholders in Stark & Stark's Real Estate, Zoning & Land Use Group, and David J. Byrne, Shareholder in Stark & Stark's Community Association Group, will present seminars at the 61st Annual New Jersey Builders Association's Atlantic Builders Convention...

Wastewater Management Planning (WQMP) Rules

Posted on March 31, 2010
On March 24, 2010, New Jersey Department of Environmental Protection (DEP) Commissioner Bob Martin signed Administrative Order (AO) No. 2010-03, temporarily delaying the draconian impact of the latest Water Quality Management Planning (WQMP) rules adopted by the DEP...

The Future of Staffing Firms.

Posted on March 31, 2010
Bill Singer, Shareholder in Stark & Stark's Securities Group, served as a panelist in the March 23, 2010 Forbes.com Intelligent Investing Panel Q&A: The Future of Staffing Firms. The article discusses the future of staffing firms, and the general labor picture...

YAZ�, Yasmin� and Ocella� - Case Management Order

Posted on March 30, 2010
As we have discussed in previous posts, studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® have been linked to various forms of severe side-effects. Reportedly, these side-effects include: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage (including gallbladder damage), myocardial infarction and pulmonary embolism...

Non-Compete Agreements: How Employers can Define and Protect Their Legitimate Business Interests

Posted on March 26, 2010
Thomas B. Lewis, Chair of Stark & Stark's Employment Litigation Group, and Mark F. Kowal, member of Stark & Stark's Employment Litigation Group authored the article, Non-Compete Agreements: How Employers can Define and Protect Their Legitimate Business Interests, for the March 2010 edition of Mercer Business Magazine...

YAZ�, Yasmin� Mass Tort Litigation Update - Preservation of Documents

Posted on March 26, 2010
The parties involved in the Mass Tort litigation (surrounding the defective birth control products YAZ®, Yasmin® and Ocella®) have been ordered to confer and reach an agreement on all issues regarding the preservation of documents and data...

Handling and Protecting the Association, With Respect to the Mortgage Company Foreclosure

Posted on March 25, 2010
Undoubtedly, your community and/or building 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...

Stark & Stark Shareholder Comments on Goolge's Issues in China

Posted on March 23, 2010
Bill Singer, Shareholder in Stark & Stark's Securities Group, was a panelist in the March 22, 2010 Forbes.com article, Google After China: Pulling out of China may be a godsend for Google. The threat made by Google roughly two months go to leave China because of censorship and intrusions by Chinese hackers has raised questions as to the future of Google in China...

Deferred Compensation Agreements Should Be Reviewed, Again

Posted on March 22, 2010
In late 2008 I wrote that deferred compensation plans or arrangements that are subject to Section 409A (which was added to the Internal Revenue Code pursuant to the American Jobs Creation Act of 2004) were required to be fully compliant with the final regulations under Section 409A by January 1, 2009...

Collecting Interest On Unpaid Condominium Assessments

Posted on March 19, 2010
Many condominium associations do not realize or do not take advantage of their ability to collect interest on unpaid condominium common assessments. The New Jersey Condominium Act (N.J.S.A. 46:8B-21)(the 'Condo Act') permits associations to charge interest on delinquent balances and defers to an association's governing documents...

Recent Amendments to the Predatory Towing Prevention Act

Posted on March 18, 2010
If your New Jersey community association tows vehicles from its private parking areas and roadways, it should be complying with the Predatory Towing Prevention Act ('Act'). Signed into law in October 2007, the Act primarily increases oversight of tow companies but also regulates a private property owner in towing vehicles from the premises without the vehicle owner's permission...

Back To School Family Law Issues

Posted on March 17, 2010
In this installment of Legal Lines, Stark & Stark Divorce attorney, David Beaver, addresses common issues that arise between parties during the 'back to school' period. Hopefully, these tips will help you keep issues under control as your children get back into the swing of another school year...

Nassau County Homeowners Association Fails in its Attempt to Stop Wireless Network Company From Installing Equipment on Existing Utility Poles in the Public Right of Way

Posted on March 16, 2010
The Merrick Gables Homeowners Association's federal lawsuit against both a wireless and technology company, and the Town of Hempstead, was dismissed recently. The association challenged the company's installation of DAS (digital antenna system) equipment on existing utility poles in the public right of way under an agreement with the Town of Hempstead...

What Type of Entity is Best for you in New Jersey

Posted on March 15, 2010
There are a number of different factors one must consider in forming an entity in New Jersey, chief among them: (a) how the entity will be taxed, (b) management, and (c) to what extent does the entity offer protection from personal liability. What follows is a brief description of entity formation in New Jersey, focusing on the above considerations...

Update on NuvaRing� Litigation

Posted on March 12, 2010
The NuvaRing® Mass Tort is presided over by Judge Brian R. Martinotti, in the New Jersey Superior Court - Bergen County. Previously, counsel for both plaintiffs and defendants had chosen ten initial bellwether cases for case specific discovery and trial...

Stark & Stark Shareholder Presents Seminar on New Jersey's Community Associations, Solar Energy and Legal Issues

Posted on March 11, 2010
David J. Byrne, Shareholder and Co-Chairperson of Stark & Stark's Community Association Group presented materials related to legal issues connected with community associations and solar energy, during a seminar entitled "Community Associations, Solar Energy & Legal Issues"...

Will Short Sales Be the Trick to Stop the Foreclosure Flood?

Posted on March 10, 2010
Realizing that the "fixes" put in place by the federal Home Affordable Modification Program ("HAMP") have been an abysmal failure, the Obama Administration and the Treasury Department have reached for a new arrow in their quiver. Beginning April 5, 2010 the new Home Affordable Foreclosure Alternative program ("HAFA") will attempt to assist hundreds of thousands of the delinquent homeowners who could not be rescued under the HAMP program by allowing them to shed their homes through the short sale process...

HAFA - Will Short Sales Be the Trick to Stop the Foreclosure Flood?

Live Interview from the Franchise Expo South - How to Fund Your Franchise

Posted on March 09, 2010
This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Larry Carnell, Vice President of Business Development for BeneTrends, Inc., at the International Franchise Association's 2010 Franchise Expo South in Miami, Florida...

Courts in the United States Have Consolidated NuvaRing� Lawsuits on Both the State and Federal Levels

Posted on March 05, 2010
As we have discussed in previous posts, pending lawsuits against the manufacturers of NuvaRing®, state that the birth control product has led to severe side-effects such as: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism...

Helping and Protecting Condominiums Deal With the New Lending-Related Rules of the Federal Housing Administration (FHA)

Posted on March 04, 2010
The FHA insures loans made by FHA-approved lenders all across the country. In fact, 30% of all mortgages in the United States are insured by the FHA. The availability of this insurance enables lenders to make loans and extend credit to a broader class of borrower, allowing owners within a condominium to market their homes to more potential buyers...

Stark & Stark Shareholder Presents Seminar on condominiums and the new guidelines of the FHA, Fannie Mae and Freddie Mac

Posted on March 04, 2010
David J. Byrne, Shareholder and Co-Chairperson of Stark & Stark's Community Association Group presented materials related to lending-related guidelines and condominiums, during a seminar entitled "FHA, Fannie Mae & Freddie Mac: New Guidelines Impacting Your Association"...

Proposed Law would Force Condominium Boards to Take the Lowest Bid

Posted on March 03, 2010
A law pending in the New Jersey State Assembly would, if adopted, regulate condominium and homeowner association's hiring of vendors and would also address how to deal with potential conflicts of interest. Assemblyman Peter Biondi introduced a bill in January 2010 in which he stated that with the quasi governmental powers provided to associations should come standards of "fairness and due process...

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