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New Jersey Law Blog New Jersey Law Blog

Home of the New Jersey Legal Update - a weekly podcast discussing court decisions issued that week and what those decisions mean for businesses in the state.

Post Frequency: 13/day

Last Entry: April 08, 2014 at 10:15:50

Recent Entries: 313

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Stark & Stark Shareholders Recognized as "Legal Eagles" by Franchise Times

Posted on April 08, 2014
Stark & Stark would like to congratulate Shareholders Adam J. Siegelheim, Rachel Lilienthal Stark and Eric S. Goldberg for being recognized by the Franchise Times as 2014 Legal Eagles. Legal Eagles are selected from nominations by their peers and clients and recognized as the best lawyers in franchising...

Considerations in the Craft Distillery Licensing Process

Posted on February 28, 2014
In an earlier entry, the new Craft Distillery License was reviewed, which became effective for issuance December 1, 2013.  Generally, this license presents a cost-effective option for artisan distillers to establish operations within the State.  It also provides distillers the opportunity to generate revenues at their licensed premises by permitting them to offer their products for retail sale direct to consumers for on or off premises consumption...

Stark & Stark to Host ICSC PA/NJ/DE Government Relations Legislative Breakfast

Posted on January 30, 2014
Stark & Stark will host the International Council of Shopping Centers (ICSC) Government Relations Legislative Breakfast on February 10, 2014.  The event will feature New Jersey State Senator Raymond J. Lesniak and Assemblyman Anthony M. Bucco as speakers, and will be moderated by Shareholder Eric S...

Third Tier Roadways within Community Associations are Entitled to Reimbursement Under Municipal Services Act

Posted on January 28, 2014
A recent trial court decision in Ocean County held that all roadways within a qualified private community - such as a homeowners association or condominium association - which provide access to units and function as roadways are eligible for reimbursement under the Municipal Services Act...

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The Joint Accounts and Multi Party Deposit Account Act

Posted on December 23, 2013
Often times, in order to simplify writing checks on behalf of an elderly individual or one whose capacity may be failing, individuals may agree to open a joint account which would then permit the person who is providing assistance to write checks on behalf of the individual who actually has deposited the funds into the account...

College Contribution

Posted on December 13, 2013
In New Jersey, college costs and child support for an unemancipated child are generally considered as two discrete, yet related obligations imposed on parents.  The duty of parental support may include responsibility for the higher education costs of unemanicipated children...

What Percentage of a Business Subject to Equitable Distribution is a Non-Owning Spouse Entitled To?

Posted on December 03, 2013
Once the value of a business interest is established for equitable distribution purposes, the percentage interest attributable to the non-owning spouse must then be determined. There is no rule of thumb that a non-owning spouse is entitled to 50%.  In fact, courts have pointed out a fifty-fifty split is not favored since the vast majority of work and personal effort is usually accomplished by the owning spouse...

Grandparent Visitation--A High Hurdle Gets Higher

Posted on December 02, 2013
On November 25, proposed legislation to toughen up visitation rights of grandparents and siblings moved one step closer to final passage by vote of the Assembly Judicial Committee. The proposed bill, known as A-2945, would codify a decade old court decision holding that such applicants would be granted visitation over the objection of the custodial parent only if they can prove that a denial would be harmful to the child*...

Hawaii Legalizes Same-Sex Marriage and New Jersey Surprises

Posted on November 27, 2013
In Hawaii, on November 7, a circuit court judge allowed the state's legislature to pass Hawaii's new same-sex marriage law. This makes Hawaii the fifteenth state along with Washington, D.C. to allow same-sex marriages, with other states like Illinois pending this week...

Does Cohabitation Automatically Terminate Alimony In New Jersey?

Posted on November 14, 2013
I cannot count the number of times that a client has sat in my office and told me that their ex-spouse is currently living with a member of the opposite sex and this fact alone should terminate their alimony obligation.  While it may sound like a logical premise to some that alimony should automatically terminate upon an ex-spouse's cohabitation, New Jersey divorce law views the matter from a much different perspective...

Same Sex Marriage (and Divorce)

Posted on October 24, 2013
Well, the wait is over.  As a result of New Jersey recognizing same sex marriage, some same sex couples will eventually join the ranks of the not-so-happily married and participate in that exhausting experience known as a contested divorce. The playing field is leveled and yet problems persist...

Marital Settlement Agreements- It's all in the Details

Posted on October 10, 2013
In a recently decided case, the Appellate Division of the New Jersey Superior Court affirmed a lower court ruling that the language in a Marital Settlement Agreement governed modification of child support despite, in the absence of such language, clear cut New Jersey law to the contrary...

New Rules for Commercial Arbitration

Posted on September 25, 2013
Many franchise agreements require mandatory arbitration of disputes, and a substantial number fall under the supervision of the American Arbitration Association ('AAA'). The AAA has issued revised Commercial Arbitration Rules that will apply to cases filed as of October 1, 2013...

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

Posted on September 19, 2013
Jeffrey A. 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 New Jersey Small Business'...

Amendment to Farmland Assessment Act Provides for Stricter Eligibility Standards for Farmers

Posted on September 18, 2013
On April 15, 2013, the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 (the 'Act') was amended imposing new requirements for farmland assessment beginning in tax year 2015 The Act provides for property tax exemptions up to 98% for a landowner that uses the property for farming and meets the eligibility requirements of the Act...

How to Avoid Legal Pitfalls When Using Freelancers and Other Consultants

Posted on September 17, 2013
Many businesses, especially start-ups, find that it makes sense to engage freelance consultants for particular tasks rather than adding employees to their payroll.  There are many financial and strategic reasons for a company to engage a consultant for certain projects, such as flexibility, expertise, and efficiency...

Treasury and IRS: All Legal Marriages are Equal Under Tax Code

Posted on September 10, 2013
The United States Treasury and the Internal Revenue Service recently announced that legally married same-sex couples would receive equal tax treatment and benefits alongside legally married heterosexual couples. This landmark ruling follows the June defeat of DOMA and Prop 8 and continues the trend towards marriage equality in the U...

Stark & Stark Shareholder to Host Seminar on "Tips for Ensuring a Successful Estate Plan"

Posted on September 03, 2013
Stark & Stark Shareholder Robert F. Morris, member of the firm's Trusts & Estates Group, will be hosting the seminar 'Prepare for Tomorrow by Acting Today: Tips for Ensuring a Successful Estate Plan'. This free seminar, which will be held on September 25, 2013, at Stark & Stark's Office in Lawrenceville, New Jersey, will outline how individuals can make sure their estate plan is adequate to protect their family's financial security...

Stark & Stark Shareholder Hosting Grand Ribbon Cutting Ceremony

Posted on August 27, 2013
Stark & Stark Shareholder Paul W. Norris, member of the firms Litigation Group, will be facilitating the ribbon cutting ceremony at the Mercer Council on Alcoholism and Drug Addiction's new building at 1931 Brunswick Ave, Lawrence, NJ 08648 on September 17, 2013 at 9:00 am...

Redeveloping Suburban Malls

Posted on August 14, 2013
Trends suggest that the old concept of an suburban mall no longer works. Redeveloping such sites are challenging at best and require tremendous cooperation from public and private interests. Redevelopment as a mixed use urban-style green project makes a lot of sense and protects the investment from the developer/owner's perspective and the tax base from a public perspective, as well as provides jobs and suitable housing...

Waiting Is [Almost] the Hardest Part

Posted on August 13, 2013
Ordinarily the terms of a Marital Settlement Agreement are considered controlling upon an application to the court for enforcement of the Agreement.  However this doctrine is not absolute, as witnessed by the recent decision of Licata v. Licata decided by the New Jersey Appellate Division...

Stark & Stark Shareholder Jerry A. Nelson Featured in "The Times"

Posted on August 02, 2013
Stark & Stark Shareholder Jerry A. Nelson of the firm's Real Estate, Zoning & Land Use group was featured in the article 'BusinessPeople,' published in The Times on Sunday, July 28, 2013.  The article discusses Mr. Nelson's 'executive-level' experience in helping clients lease, manage, acquire, develop, improve, remediate and sell retail, office and industrial properties...

James Gandolfini's Will Highlights Important Estate Planning Issues

Posted on July 30, 2013
The recent passing of Soprano's Star, James Gandolfini, focused attention on issues with his December 19, 2012 Last Will and Testament.  Several of these issues apply to estate planning in general, not just for the rich and famous.     1...

When Can Your Company Represent Itself in Court in the State of New Jersey?

Posted on July 29, 2013
In the courts of the State of New Jersey, adult individuals generally may prosecute or defend a civil action in person, however, state law generally prohibits any business entity other than a sole proprietorship from appearing in any court action in the State except through an attorney authorized to practice law in New Jersey...

Stark & Stark Attorneys David M. Schmid and Evan J. Lide Authored Article in U.S. 1

Posted on July 18, 2013
Stark & Stark Accident & Personal Injury attorneys David M. Schmid and Evan J. Lide authored an article in U.S. 1 published July 17, 2013.  The article titled 'Don't Text and Drive' discusses statistics regarding electronic device usage in vehicles...

Stark & Stark Shareholder Rachel Lilienthal Stark Authored Article in Moxie Woman Magazine

Posted on July 18, 2013
Stark & Stark Shareholder Rachel Lilienthal Stark, member of the firm's Business & Corporate group, authored the article 'How to Avoid Legal Pitfalls When Using Freelancers and Other Consultants,' published in Moxie Woman Magazine in June 2013...

Appelate Division Finds That Contract Purchaser Has Standing to File a Real Estate Tax Appeal

Posted on July 12, 2013
I previously wrote a blog discussing a case where the New Jersey Tax Court found that a contract purchaser who did not own the property on date the tax appeal was filed (March 29, 2012) did not have standing to file a tax appeal.  As a result, the Tax Court dismissed the appeal...

Court Protects Lender in Mortgage Refinance

Posted on July 12, 2013
 In a reported decision issued July 3, 2013, the Appellate Division of the New Jersey Superior Court held that the holder of a first mortgage which refinances its mortgage without obtaining a discharge or subordination from a subordinate mortgagee of which it was aware may still maintain its priority position, at least in part...

Stark & Stark Shareholder Allen M. Silk Featured in Article on Obamacare

Posted on July 12, 2013
Stark & Stark Shareholder Allen M. Silk, Chair of the Firm's Business & Corporate Group, was featured in the article 'Ready or Not, Here Comes … Obamacare' published in Mid Jersey Business in July 2013.  The article discusses how businesses can prepare for the new insurance laws...

Can You Extend Limited Duration Alimony?

Posted on June 28, 2013
Under current New Jersey law, four types of alimony exist: permanent, limited duration, rehabilitative and reimbursement alimony.  Limited duration alimony ('LDA') and the circumstances under which the length of LDA can be extended by a court were recently addressed by the Appellate Division of the Superior Court in the case of Jones v...

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