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

After Being Overwhelmingly Passed by the Legislature, the Solar Landfill Bill Awaits Action by the Governor

Posted on February 07, 2011
On January 10, 2011, both houses of the New Jersey State Legislature overwhelmingly passed Senate bill S2126, as amended, which I am going to refer to as the "solar landfill bill.' This new legislation affords developers the right to construct a solar or photovoltaic energy facility or structure on sites located in the Pinelands that contain a landfill or a closed resource extraction operation that operated pursuant to a resource extraction permit on or after December 31, 1985, provided that any such development shall be consistent with the Pinelands Comprehensive Management Plan and shall comply with the other requirements set forth in the bill...

Stark & Stark Shareholder Serves on TD Ameritrade National Conference Panel

Posted on February 04, 2011
Panel of experts-moderated by TD's Schweiss provides insight, likely next steps for SEC studies TD Ameritrade Institutional held its 2011 National Conference yesterday in San Diego, California, entitled, The Real Impact of Financial Regulatory Reform...

Disagreements continue over Yaz depositions

Posted on February 02, 2011
In November 2010, U.S. District Judge David Herndon, who is overseeing the federal Yaz lawsuits, ordered three executives from Bayer to fly to the United States for their depositions. Joachim Marr, Hartmut Blode and Ilka Schellschmidt, who work at Bayer's headquarters in Germany, were selected to represent the company regarding the pre-clinical and clinical development processes...

Stark & Stark Shareholder to Present NJICLE's 2011 Land Use Basics Seminar

Posted on February 02, 2011
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, will present a seminar in conjunction with the New Jersey Institute for Continuing Legal Education. The seminar, entitled, Land Use Basics, will be held Wednesday June 22, 2011 from 9:00 AM – 4:00 PM at the Double Tree Hotel in Mt...

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New Developments in DePuy Hip Recalls: The Pinnacle System

Posted on January 31, 2011
In August of 2010, DePuy, a Johnson & Johnson company, announced a global hip replacement recall of two devices: the ASR Hip Resurfacing System and the ASR XL Acetabular System. Data from a recent study concerning XL Acetabular metal-on-metal hip replacement system showed that the 5 year failure rate of the product is approximately 13%, or 1 in 8 patients...

Mass Tort Application in DePuy Orthopedic, Inc. Hip Recall Lawsuits

Posted on January 27, 2011
On December 9, 2010, a Notice to the Bar was issued by Judge Glenn A. Grant, Acting Administrator of the Courts, advising that an application had been made, pursuant to Directive #7-09, 'Revised Mass Tort Guidelines,' requesting designation of all New Jersey state-court litigation involving DePuy ASR™ hip implants as a mass tort and assignment for centralized management in Middlesex County...

Stark & Stark Shareholder to present NJICLE's 2011 Land Use Update Seminar

Posted on January 26, 2011
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, will present a seminar in conjunction with the New Jersey Institute for Continuing Legal Education. The seminar, entitled, 2011 Land Use Update, will take place Wednesday March 23, 2011 at the New Jersey Law Center...

Courts Will Not Create a Will or Trust Where None Exists

Posted on January 24, 2011
What happens when an individual hires an attorney to engage in estate planning but never signs a will? Will the "probable intent" of that individual be carried out or will it be ignored because the will was never signed? The simple answer is that a failure to sign a will can have disastrous results...

Congress Extends New Energy Efficient Home Credit through December 31, 2011

Posted on January 14, 2011
On December 17, 2010, Congress enacted and the President signed into law a bill (H.R. 4853) known as the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. Among other things, this piece of new legislation extends the life of the New Energy Efficient Home Credit, which expired on December 31, 2009, by two years...

New Jersey Senate and Assembly approved Senate Bill No. 1, Eliminates Council on Affordable Housing

Posted on January 12, 2011
The Senate and Assembly approved Senate Bill No. 1 (S1) proposing to eliminate the Council on Affordable Housing (COAH). By requirement of the New Jersey Supreme Court dating to 1975, municipalities are required to zone in a manner providing for a reasonable opportunity for development of affordable housing (also commonly known as Mt...

Proposed Bill Seeks to Limit Consumer Fraud Claims to Consumers Only, Not Businesses

Posted on January 11, 2011
Despite years of judicial expansion, the New Jersey Consumer Fraud Act (CFA) may soon see its remedial and expansive reach significantly curtailed. This curtailment comes in the form of proposed Bill A-3333, which was introduced in the New Jersey Assembly early in the last quarter of 2010...

Governor Signs Construction Lien Law Amendments

Posted on January 10, 2011
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, was mentioned in the January 7, 2011 New Jersey Builders Association's Weekender article, Governor Signs Construction Lien Law Amendments.The article discusses the recent signing of the Construction Lien Law legislation which clarifies the procedures to be followed when processing a construction lien claim...

Employers in New Jersey May Refuse to Hire an Employee Based on a Prior Bankruptcy

Posted on January 10, 2011
The federal Third Circuit Court of Appeals, which includes New Jersey, has ruled in a decision, Rea v. Federated Investors, which states that evidence of a former bankruptcy may be used by an employer in making a decision not to hire an employee. Previously, there was some question as to whether the use of a prior bankruptcy to refuse to hire an employee would constitute some form of discrimination, along the same lines as evidence of a prior criminal conviction...

Stark & Stark Shareholder to Present "Nuts & Bolts of Small Businesses" NJICLE Seminar

Posted on January 06, 2011
Jeffrey Weiner, Shareholder and member of Stark & Stark's Business & Corporate Group, will present a seminar in conjunction with the New Jersey Institute for Continuing Legal Education (NJICLE) entitled, Nuts & Bolts of Small Business. The seminar will take place Saturday February 5, 2011 from 9:00 AM -12:00 PM at the Westin Mount Laurel Hotel in Mount Laurel, New Jersey...

Stark & Stark Shareholder Discusses The Need For Business Succession Plans

Posted on January 05, 2011
Allen M. Silk, Shareholder in Stark & Stark's Business & Corporate and Business Succession Planning Groups, was quoted in the January 3, 2011 NJ Biz article, Prepared for the inevitable. The article discusses Larry Rothwell, Owner of Pennington Quality Market, and his decision to implement a business succession plan...

Still Plenty of Time to Take Advantage of the Residential Energy Efficiency Tax Credit

Posted on January 03, 2011
Originally created by the Energy Policy Act of 2005, the Residential Energy Efficiency Tax Credit provides a tax credit for the taxable year an amount equal to the sum of 30% of qualifying expenditures made by the taxpayer during such year for solar electric or solar water heating systems, fuel cell property, wind energy systems or a geothermal heat pump...

Still Plenty of Time to Take Advantage of the Residential Energy Efficient Property Tax Credit

Posted on January 03, 2011
Originally created by the Energy Policy Act of 2005, the Residential Energy Efficient Property Tax Credit provides a tax credit for the taxable year in an amount equal to the sum of 30% of qualifying expenditures made by the taxpayer during such year for solar electric or solar water heating systems, fuel cell property, wind energy systems or a geothermal heat pump...

Stark & Stark Shareholder Comments on FINRA's Decision in UBS Arbitration Case

Posted on January 03, 2011
Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the January 3, 2011 Wall Street Journal article, UBS To Pay $2.8 Mln To Former Top Recruiter In Contract Flap. The article discusses FINRA's decision to award Jeffrey Bischoff, former chief recruiter of UBS AG's wealth-management group, $2...

Stark & Stark Shareholder to Present Seminar to the Society of Financial Service Professionals

Posted on December 23, 2010
Paul A. Lieberman, Shareholder in Stark & Stark's Securities Group, will present a seminar in conjunction with the Monmouth/Ocean County Chapter of the Society of Financial Service Professionals. The seminar will take place at the SFSP's 2011 Kickoff Breakfast Meeting, Wednesday January 12, 2011 at The Lincroft Inn, Lincroft, New Jersey...

Update on YAZ� Case Management Conference

Posted on December 23, 2010
On December 16, 2010, counsel attended a Case Management Conference before Judge Martinotti in Bergen County Superior Court in Hackensack, New Jersey. It was agreed that counsel will continue to work together to depose, or question, the necessary witnesses from defendant Bayer Corporation, both domestically and internationally...

New Supreme Court Case Requires Hearing to Determine if Evidence of Discrimination was Hidden From Plaintiff Regarding Claims That Are Otherwise Barred By The Two Year Statute of Limitations

Posted on December 22, 2010
In an unusual decision, the New Jersey Supreme Court in Henry v. New Jersey Department of Human Services (A-69 September Term) added a new wrinkle in the state's anti-discrimination law that will not sit well with employers. The decision gives employee plaintiffs another way around the 2-year limitations period applicable to state discrimination cases...

Stark & Stark Attorneys Offer Guidance on SEC's Changes to the Form ADV

Posted on December 22, 2010
Thomas D. Giachetti, Chair, and Stephen A. Galletto, members of Stark & Stark's Securities Group, were quoted in the December 20, 2010 AdvisorOne.com article, SEC's New Form ADV Requirements: Fidelity Offers Guidance. The article discusses the Securities & Exchange Commission's recent revisions to the Form ADV and the steps registered investment advisors are taking in order to comply with the latest round of changes...

Minority Oppression: Course of Dealing to Establish the Reasonable Expectations of the Shareholders

Posted on December 22, 2010
When meeting a new client, I am often asked what constitutes minority oppression? That is a difficult question to answer because there is not a 'one size fit all' definition of what constitutes minority oppression. As described in previous blog posts, New Jersey law focuses on the 'reasonable expectations of the shareholder...

Lawsuits Filed In Response to DePuy Orthopedic, Inc. Hip Recall

Posted on December 22, 2010
As we have previously reported, DePuy Orthopedic, Inc., a subdivision of Johnson & Johnson, Inc., finally issued a recall in August 2010 for the ASR XL Acetabular System and the ASR Hip Resurfacing System after data suggested that about one out of every eight may fail within only five years...

FINRA To Ease Arbitrator Standards In Bonus Cases

Posted on December 21, 2010
Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the December 21, 2010 Financial Advisor Magazine article, FINRA To Ease Arbitrator Standards In Bonus Cases. As the number of cases involving brokers' signing bonuses continues to increase, FINRA is seeking to reduce the requirements for who can serve on arbitration panels hearing the cases...

NJ Housing & Mortgage Finance Agency Offers Loan Monies for Energy Efficient Upgrades

Posted on December 21, 2010
As a result of funding made available to New Jersey through the American Recovery and Reinvestment Act of 2009, the NJ Housing & Mortgage Finance Agency (NJHMFA) has introduced a number of loan programs to facilitate the construction of energy efficiency upgrades and renewable energy installations in multifamily housing...

Solar Panels: A Statutorily Protected Power Substitute

Posted on December 20, 2010
Faced with the burden of tough economic times, more and more homeowners are looking for ways to cut costs. While some individuals have chosen to cut back, others have chosen to seek out economically advantageous alternatives. In particular, the search for substitutes has become increasingly important when it comes to necessary household expenditures such as heat and electricity...

Medicaid Planning: Dotting the"i"s and Crossing the "t"s

Posted on December 17, 2010
That well-worn adage may seem trite and arcane, but strict adherence to technical requirements is critical in Medicaid planning. Since federal and state budget deficits are now the rule, rather than the exception, it is not surprising to see Courts stretch to find technicalities that can be used to deny eligibility for Medicaid benefits...

Federal Housing Administration (FHA) Extends Deadlines for Condominium Certification Renewals

Posted on December 16, 2010
The Federal Housing Administration (FHA) just extended the deadlines for condominium projects seeking to renew their FHA certifications. New guidelines established by the FHA in 2009 require that condominiums be re-certified and approved every two years...

Estate Tax Limbo: Here We Go Again!

Posted on December 15, 2010
We're just a few days away from witnessing something that was never supposed to be. I have always cautioned client against expecting tax law to be logical. In many areas of the law, the correct answer is the one that makes the most sense. But tax law is driven by politics, not by common sense...

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