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New Jersey Law Blog 

New Jersey Court decisions, legal analysis and news.
Post Frequency: 6.9/day Last Entry: March 31, 2011 at 10:15:40 Recent Entries: 834
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Stark & Stark Shareholder Comments on Protocol Overhaul
Posted on March 01, 2010Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 26, 2010 Registered Rep article, Some Predict Broker Protocol Overhaul. The article addresses the possibility of an overhaul to the Protocol for Broker Recruiting in the wake of increased lawsuits and constant movement of advisors as they switch firms...
New Jersey State Supreme Court Grants Mass Tort Designation to YAZ®, Yasmin® and Ocella® Cases
Posted on March 01, 2010As we have discussed in previous posts, studies have shown that the ingredients contained in the birth control products 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...
Hot Topics in Family Law: College Expenses, Inherited Funds, Out of State Relocation & Medical Expenses
Posted on February 26, 2010In this installment of Legal Lines, Stark & Stark Divorce attorney, Corrine Evanochko, addresses various questions that family law practitioners are most commonly asked. This discussion will surely knock a couple of questions off of your list if you are contemplating or know someone who is considering pursuing a divorce in New Jersey...
Live Interview from the 2010 International Franchise Association Convention
Posted on February 26, 2010This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Greg Nathan, Managing Director for Franchise Relationship Institute, at the 2010 International Franchise Association Convention in San Antonio, Texas...
Stark & Stark Shareholder Comments on Increase in Suits in Response to Protocol for Broker Recruiting
Posted on February 25, 2010Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 24, 2010 FinancialPlanning.com article, The Recruiting Wars Turn Nasty. The article discusses the Protocol for Broker Recruiting and the recent decrease in firms suing each other over poached advisors...
High Demand on Water Supply May Require Plan for Reclamation and Reuse
Posted on February 24, 2010The following is a portion of an article entitled Hot and Green Legal Topics written by Vincent J. Mangini and Gary S. Forshner taken from the December 2009 edition of The Cutting Edge: The construction of energy efficient buildings, the practice of conserving natural resources and recycling and the development and use of alternative fuels have all become prevalent concerns in our culture...
Repeal of the Federal Estate Tax - Here's the Bad News
Posted on February 24, 2010Under the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), the federal estate tax was repealed for 2010. This repeal, however, is only effective through December 31, 2010. The federal estate tax returns in 2011, at the rates and exemptions in effect in 2001 when EGTRRA was effective...
Stark & Stark Shareholder Comments on Goldman Sachs Suit
Posted on February 23, 2010Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 19, 2010 On Wall Street article, Goldman Drops Case Against Former Advisors. The article discusses Goldman Sachs' recent decision to drop their case against five former financial advisors and two support staff members (David Greene, Craig Savage, Andrew Thompson, Sharran Srivatsaa, John Pitt, Stephanie Dennard and Kim Tyson)...
Child Related Tax Benefits for Divorced Parents
Posted on February 16, 2010Tax season has arrived and with it questions as to tax treatment of children of divorcing or divorced parents. For purposes of this article let's deal with the most basic, the "dependency exemption". According to the IRS, the parent who has custody of his or her child for more than one-half the year can claim the child provided that he or she has provided more than half of the child's support for the year in question...
A Renewable Energy Facility May Require an Easement from your Neighbor
Posted on February 16, 2010Due to high energy costs and concern about the environment (and the availability of tax credits and grants), homeowners and businesses are giving greater consideration to renewable energy. Before undertaking the installation of a renewable energy facility, such as solar panels, it is important to conduct due diligence, which may include, among other things, the procurement of easements from neighbors to allow for unobstructed access to sunlight...
Condos VS Co-Ops: What's the Difference?
Posted on February 11, 2010People commonly think of home ownership in the form of owning a single family house situated on its own parcel of land. However, increasingly, condominiums, and to a lesser extent, co-operatives, are providing alternative forms of home ownership...
Live Interview from the Franchise Expo South - 2010 Economic Outlook
Posted on February 09, 2010This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Paul Rocchio, Director of Development & Member Services for the International Franchise Association, at the International Franchise Association's 2010 Franchise Expo South in Miami, Florida...
Governor Christie Suspends the Work of The Council on Affordable Housing (COAH) For 90 Days
Posted on February 09, 2010This afternoon Governor Christie signed an executive order suspending the work of the Council on Affordable Housing (COAH) for 90 days, except as necessary, in order to prevent the loss of affordable housing opportunities. The executive order calls for a five person task force to be appointed by the Governor...
Governor Corzine signs bill creating Solar and Wind Energy Commission
Posted on February 08, 2010Among the several pieces of 'green' legislation, that Governor Jon Corzine signed just prior to leaving office was a bill (A3218) that creates a new, temporary 11-member public body to be known as the Solar and Wind Energy Commission. This new law - approved as P...
Expiration of Permits Extended by Amendment to Permit Extension Act
Posted on January 25, 2010On Monday, January 18, 2010, as one of his last acts before leaving office, former Governor Corzine signed an Amendment to the Permit Extension Act (A4347) (the 'PEA Amendment') further extending the validity of most land use and construction approvals and permits (hereinafter 'Approvals'), which would otherwise expire, until at least December 31, 2012...
Recently Passed New Jersey Foreclosure Fairness Act Effective January 26, 2010 and February 16, 2010
Posted on January 22, 2010The State of New Jersey recently (on January 17, 2010) passed the New Jersey Foreclosure Fairness Act (the 'Act') which will effect how foreclosures cases are handled in the State of New Jersey. The Act becomes effective February 16, 2010, however, certain notice requirements become effective January 26, 2010 as noted below...
Stark& Stark Shareholder Discusses Hamilton Square ShopRite Expansion Plans
Posted on January 21, 2010Gary S. Forshner, Shareholder in Stark & Stark's Real Estate Zoning & Land Use Group, was quoted in the January 13, 2010 Trenton Times article, Developer shares plans for enlarged Hamilton ShopRite, and the January 14, 2010 Trenton Times article, ShopRite decision on hold in Hamilton...
Common Misconceptions of Divorce Law (Part Two)
Posted on January 20, 2010In this installment of Legal Lines, Stark & Stark Divorce attorneys, Megan Smith and Joseph Visco, continue the discussion regarding some common misconceptions of divorce litigation. Joseph Visco primarily focuses his family law practice in Pennsylvania, and notes various distinctions between New Jersey and Pennsylvania family law...
Bankruptcy Do's & Don'ts for Personal Injury Attorneys
Posted on January 20, 2010Stark & Stark Bankruptcy & Creditor's Rights Group Chair, Timothy P. Duggan, authored the January 18, 2010 New Jersey Law Journal article, Bankruptcy Do's & Don'ts for Personal Injury Attorneys: Ease your pain with a useful road map for the system...
Governor Corzine Prohibits Enforcement of Palimony Agreements Unless in Writing
Posted on January 19, 2010On his last night as Governor of the State of New Jersey, Governor Corzine has supposedly signed into law a bill prohibiting the enforcement of "palimony" agreements unless such agreements are in writing (S-2091/ACS for A4296, 3833 [Scutari, Cardinale, Stender,Carroll/Stender, Carroll])...
Stark & Stark Shareholder Comments on Citigroup's Motion To Dismiss In Bonus Pay Class Action
Posted on January 15, 2010Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Group, was quoted in the January 14, 2010 RegisteredRep.com article, Citi Files Motion To Dismiss In Bonus Pay Class Action. The article discusses Citigroup's recent decision to file a motion to dismiss a class action lawsuit filed against the firm over the terms of its financial advisor bonus pay agreements...
Real Estate Tax Revaluation in the Princetons
Posted on January 14, 2010As residents of Princeton Borough and Princeton Township are well aware, their municipalities have undertaken a revaluation of the real estate within their boundaries for tax assessment purposes. The last revaluation performed in Princeton Borough and Township was in 1996...
Expanding Your Business Through Franchising
Posted on January 12, 2010This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Joseph D. Ornellas, President of Orion Franchise Consulting. Mr. Siegelheim and Mr. Ornellas discuss the most common question associated with franchising: Is my business franchise-able? Mr...
Why Record a Deed?
Posted on January 08, 2010Our recording system, having its roots in England, is basically a system for determining priority of legal claims against real estate. Thus, when one acquires title to real estate, or mortgages property, those instruments affecting title are usually recorded in the county clerk's office...
Common Misconceptions of Divorce Law
Posted on January 07, 2010In this installment of Legal Lines, Stark & Stark Divorce attorneys, David Beaver and Megan Smith, devote the episode to tackling some common misconceptions of divorce litigation. If you are involved in divorce litigation, this is a 'must see' episode, as many of the myths surrounding New Family law are debunked...
Community Association Managers to Require Certification?
Posted on January 06, 2010Community Association Property Managers ("CAPM") are much different than their "property manager" brethren. In general, real estate property managers are responsible for ensuring that the apartment or condo building that they are charged with is functioning properly, much like a superintendent...
New Jersey Clean Energy Program: Pay for Performance
Posted on January 06, 2010The New Jersey Clean Energy Program administered by the New Jersey Board of Public Utilities through its Office of Clean Energy offers a host of financial incentives. Among these is the Pay for Performance Program, which is funded by the societal benefits charge authorized by the New Jersey Electric Discount and Energy Competition Act...
Prohibitions Against Solar Collectors May Be Prohibited in Your Community
Posted on January 06, 2010It is common knowledge that exterior modifications in a community association must be approved by the board of trustees. Right? Well, except for certain satellite dish antennas which, by federal law, can be installed on exclusive use areas without pre-approval (Over the Air Reception Devices, (OTARD), 47 C...
The Residential Real Estate Market Sees A Reduction in Both Foreclosures and New Construction
Posted on January 06, 2010As we all know, New Jersey continues to be plagued by both a troubled real estate market and economy. Our real estate market remains awash in homes either in foreclosure, or having gone through a foreclosure and subsequent sheriff's sale. It also remains awash in unsold new construction, and an essentially non-existent new construction pipeline...
A. Christopher Florio Installed as President of the New Jersey Chapter of the Community Association Institute
Posted on January 06, 2010Christopher Florio, Shareholder and Co-chair of Stark & Stark's Community Association Group, was recently installed as the 2010 President of the New Jersey Chapter of the Community Association Institute (CAI). Mr. Florio accepted this position at the chapter's annual retreat, held at Clearbrook Community Association, on December 16, 2009...
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New Jersey Eminent Domain Seminar Update
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New Jersey Legal Update - Podcast # 57
This week's New Jersey Legal Update podcast will address federal l...
Personal information/online harassment?
Quit talking with people on message boards that support these activities. The se...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
What does a "motion to vacate" mean (NJ)?
An oral or written request that a party makes to the court for a ruling or an o...

Personal information/online harassment?
Quit talking with people on message boards that support these activities. The se...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
What does a "motion to vacate" mean (NJ)?
An oral or written request that a party makes to the court for a ruling or an o...








