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

Quick Tips: Surviving A Divorce Litigation During These Tough Economic Times

Posted on December 16, 2008
With 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...

Quick Tips: Surviving A Divorce Litigation During These Tough Economic Times

Posted on December 16, 2008
pWith todayrsquo;s turbulent economy, the challenges associated with a divorce litigation are growing to be more complicated than ever.nbsp; I have prepared the following practical tips in an effort to aid litigants through this difficult period: /p pbr / ustrongUpdate Your Finances/strong/ubr / 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, 2008
Under 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, 2008
Thomas 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...

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Parental Alienation May Give Rise to Monetary Damages

Posted on December 03, 2008
In 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, 2008
Bill 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, 2008
Many 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, 2008
On 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, 2008
John 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, 2008
Thomas 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, 2008
Consider 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, 2008
It 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, 2008
Section 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, 2008
Although 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, 2008
Timothy 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, 2008
During 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, 2008
Thomas 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, 2008
With 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, 2008
Bill 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, 2008
Michael 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, 2008
Adam 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, 2008
Adam 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, 2008
Martin 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, 2008
The “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, 2008
The 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, 2008
If 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, 2008
David 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, 2008
Commercial 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, 2008
Condominium 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, 2008
In 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...

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