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

Stark & Stark Shareholder Comments on FINRA Expulsion

Posted on October 20, 2009
Stark & 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...

Key Legal Considerations when Buying an Existing Business, Buying a Franchise, or Starting a Business From Scratch

Posted on October 01, 2009
Cary 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, 2009
Stark & 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, 2009
The 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...

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Stark & Stark Attorneys to Present Free Divorce Seminar

Posted on September 23, 2009
Members 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, 2009
In 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, 2009
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. 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, 2009
When 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, 2009
Perhaps 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, 2009
This 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, 2009
Since 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, 2009
The 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, 2009
This 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, 2009
Adam 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, 2009
Thomas 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, 2009
Lawsuits 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, 2009
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. 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, 2009
Adam 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, 2009
You 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, 2009
Richard 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, 2009
Thomas 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, 2009
In 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, 2009
This 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, 2009
As 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, 2009
One 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, 2009
NuvaRing®, 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, 2009
Legal 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, 2009
Thomas 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, 2009
Stephen 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, 2009
As 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...

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