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New Jersey Law Blog

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

Possible Certification & Registration Requirement For Cooperative & Condominium Property Managers

Posted on July 30, 2009
Currently alive in New York's Assembly is A07388, which is a proposed amendment to New York's Real Property Law. If enacted, all residential real property managers and any firm employing, contracting with or contracting to provide a property manager would be required to file a registration statement with New York's Secretary of State and be certified by an approved certifying organization...

Bankruptcy Basics for Boards: Don't Leave Money on the Table

Posted on July 30, 2009
Collect Post-Petition Assessments from Chapter 13 Trustee in a Converted Chapter 7 Case Bankruptcy filings around the country are up, due to among other things, the decline in the real estate market. Previously, debtors used the equity in their home to fund a Chapter 13 bankruptcy plan and pay back condominium, homeowners, and cooperative associations ('Associations')...

New Jersey Court Upholds Association's Right To Enforce Rules & Regulations

Posted on July 30, 2009
On June 19, 2009, the Hudson County Law Division upheld a Northern Jersey condominium association's right to enforce its rules and regulations regarding the parking, registering, and towing of automobiles located within the association's common elements...

Governor Corzine To Sign Economic Stimulus Act of 2009

Posted on July 28, 2009
This week Governor Corzine is scheduled to sign the Economic Stimulus Act of 2009. Amongst other things, the bill will exempt projects receiving preliminary approval from the municipal board by July 1, 2010 from the non-residential development, i.e., COAH, fee...

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Act to further limit Homeowner Associations ability to enforce restrictions

Posted on July 27, 2009
The American Clean Energy and Security Act of 2009 (the "Act"), which recently passed the U.S. House, contains certain provisions that restrict homeowners associations from prohibiting the use of solar energy systems. Many associations contain certain restrictions, the enforcement of which has either been given to a board of trustees via a master declaration, or to the surrounding homeowners via a deed restriction and/or neighborhood scheme...

The Railroad Retirement Act: An Introduction to the Act

Posted on July 27, 2009
This is the first installment of a six-part blog series focused on the Railroad Retirement Act (RRA). The Railroad Retirement Act (RRA) is a federal statute that provides unique benefits for railroad workers. The 1974 Amendment to the RRA resulted in an annuity benefit system that is comprised of two main benefit components, generally referred to as Tier I and Tier II benefits...

Update on NuvaRing� Litigation Status

Posted on July 23, 2009
NuvaRing® is marketed as a once-a-month, combined contraceptive vaginal ring that provides month-long birth control. It is sold in the United States by Organon USA Inc., a New Jersey corporation with its principal place of business in Roseland, New Jersey, and Organon International, Inc...

Case Information Statements and Your Divorce

Posted on July 22, 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...

Squeeze-Out Technique: Withholding Information

Posted on July 21, 2009
Many times a majority shareholder seeking to squeeze-out a minority shareholder will deliberately withhold information relating to the closely held corporation. Withholding information is usually coupled with another form of oppression. The reason for the same is by leaving the minority shareholder in the dark about the status of the corporations and the actions of its officers and directors the minority shareholder will be unaware of the other forms of oppression...

Credit Card Reform - What Does It Mean?

Posted on July 20, 2009
Timothy P. Duggan, Shareholder and Chair of Stark & Stark's Bankruptcy & Creditor's Rights group, authored the article, Credit Card Reform - What Does It Mean?, for the July 2009 edition of Mercer Business Magazine. The article discusses the Credit Card Accountability, Responsibility and Disclosure Act which was signed by President Barack Obama in May of 2009...

Stark & Stark Shareholder Comments on Feeder Funds Ruling

Posted on July 16, 2009
Stark & Stark Securities group Shareholder, Bill Singer, was quoted in the July 16, 2009 New Jersey Law Journal article, Feeder Funds Held Subject to Commodity Pool Regulation. The article discusses Monday's U.S. 3rd Circuit Court of Appeals ruling which states, 'A fund that solicits money from investors for trading in commodity futures is subject to registration and regulation as a commodity pool operator, even if it does no trading itself...

Stark & Stark Shareholder to Present at NJICLE Non-Compete Seminar

Posted on July 15, 2009
Thomas B. Lewis, Chair of Stark & Stark's Employment group, will serve as a speaker at the New Jersey Institute for Continuing Legal Education's seminar entitled, Current Issues Involving Non-Compete Agreements, Protection of Trade Secrets and the Duty of Loyalty...

Death During Divorce Proceedings

Posted on July 10, 2009
Usually, when a spouse dies in the midst of divorce litigation, significant problems arise. The first is that upon the death of a spouse prior to entry of Final Judgment effectively terminates the divorce proceedings. See Carr v. Carr, 120 N...

Stark & Stark Condominium Client Places into Rent Receivership an Affordable Housing Unit in Foreclosure

Posted on July 09, 2009
A Stark & Stark Community Association Group client recently defeated both the related municipality and unit's mortgagee and put an affordable housing unit into rent receivership. The condominium unit in question was abandoned by the owner; a low income woman who had qualified for the purchase of an affordable housing unit, as governed by New Jersey's Fair Housing Act and Council on Affordable Housing ("COAH")...

Recent Case Law Under the Employee Polygraph Protection Act

Posted on July 06, 2009
Michael J. Brittan, member of Stark & Stark's Employment group, co-authored the article Recent Case Law Under the Employee Polygraph Protection Act: A Practical Review, for the June 2009 issue of the Privacy & Data Security Law Journal. The article discusses the most recent case law relating to the Employee Polygraph Protection Act (EPPA) and provides employers guidelines for complying with the EPPA...

Recent Fannie Mae and Freddie Mac Regulations Impact the Sale of Condominiums

Posted on July 02, 2009
Fannie Mae and Freddie Mac (along with the Federal Housing Administration) purchase or guarantee the vast majority of mortgages in this country. Obviously then, any toughening of their lending standards could have a major impact on the housing market...

Stark & Stark Shareholder Comments on Madoff Sentencing

Posted on June 30, 2009
Bill Singer, Shareholder in Stark & Stark's Securities group, was interviewed yesterday on CBC News. Mr. Singer commented on the 150-year sentence delivered to Bernard Madoff in response to the tens of billions of dollars he stole from hundreds of investors in his Ponzi scheme...

The Status of Affordable Housing Units After a Foreclosure and Involuntary Sale

Posted on June 30, 2009
David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Association group, authored the article, The Status of Affordable Housing Units After a Foreclosure and Involuntary Sale, for the June 22, 2009 edition of the New Jersey Law Journal...

The Impacts of Family Leave Insurance

Posted on June 29, 2009
With the advent of the newest employee benefit in New Jersey, business owners ask what impact Family Leave Insurance will have on the employer's discretion to terminate employment due to business conditions or other considerations. The Legislature has made it clear that the amendments to the Temporary Disability Benefits law, commonly known as the 'Paid Family Leave Act', confer a monetary benefit, but not a leave entitlement...

How to Immediately Cut Your Company's Energy Costs and Control Energy Expenses in the Future

Posted on June 25, 2009
Vincent J. Mangini, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use group, will present a seminar entitled How to Immediately Cut Your Company's Energy Costs and Control Energy Expenses in the Future in conjunction with New Jersey's Clean Energy Program and its New Jersey SmartStart Buildings program...

How Restrictive Covenants May Affect Your Property

Posted on June 24, 2009
Most transfers of title to real estate are made subject to "easement and restrictions of record, if any." Easements may be varied, but usually involve access rights for utilities, or perhaps a driveway easement to share a driveway with a neighbor...

Schmidhausler v. Planning Board of Borough of Lake Como: Remedy for Vote by Ineligible Board Member

Posted on June 16, 2009
Recently, in the matter of Schmidhausler v. Planning Board of Borough of Lake Como, the Appellate Division of the New Jersey Superior Court addressed, among other issues, what the remedy for an aggrieved party should be when a municipal board renders a decision on an application for development under the Municipal Land Use Law that is tainted by the failure of one of its members to read or listen to the testimony presented on the matter during a prior meeting in violation of N...

FDA Issues Hydroxycut� Warning, Makers Issue Voluntary Recall

Posted on June 15, 2009
Hydroxycut®, the group of dietary supplements which claim to be fitness and weight loss aids, have recently been linked to severe, and sometimes life threatening injuries. Recent reports state that these injuries include damage to the liver, kidneys and other internal organs, rhabdomyolysis (severe muscle damage), cardiovascular disorders and even death...

Marital Settlement Agreement Bars Request for Financial Relief

Posted on June 10, 2009
In a just-decided case (Bello-Englesbe v. Englesbe, decided June 5, 2009), a New Jersey appeals court rejected a father's request to reduce child support based on terms of his Marital Settlement Agreement (MSA). The two judge panel ruled that the MSA failed to establish an income baseline from which an application for relief from a support obligation could be measured...

Having the Law on Your Side: Experienced legal counsel can ease the path to independence

Posted on June 09, 2009
Brian A. Carlis, Shareholder in Stark & Stark Securities group, authored the article Having the Law on Your Side: Experienced legal counsel can ease the path to independence as part of the 2009 InvestmentNews What You Need to Know About Going Independent Workshop Series...

Gay Marriage Legalized in New Hampshire

Posted on June 08, 2009
New Hampshire has now become the 6th state to legalize same sex marriage, with Massachusetts, Connecticut, Iowa, Vermont, and Maine as its predecessors. In addition, New Jersey and California allow civil unions. The effect of the New Hampshire decision is that the state will now provide gay couples the same rights and privileges of heterosexual couples...

How Do I Franchise My Business

Posted on June 05, 2009
Adam J. Siegehleim, member of Stark & Stark's Franchise group, has created a short web video entitled How to Franchise Your Business In Plain English. The video, inspired by CommonCraft, explains the step-by-step process of turning your business into a successful franchise system...

How Divorce Affects Your Heath Insurance Benefits

Posted on June 04, 2009
This week, William Roseman, the Mayor of Carlstadt in Bergen County, New Jersey, and his former wife, were convicted of stealing health insurance benefits. One may ask, how do you steal heath insurance? The answer is by failing to inform your health insurance carrier of entry of the final judgment of divorce...

Appellate Court Validates Condominium Board's Interpretation of "Repairs" & "Maintenance"

Posted on June 02, 2009
Appellate Court Affirms Rockland County Supreme Court's Reliance Upon the Business Judgment Rule to Uphold Board's Decision to Make a Construction Contract without Owner Vote In or around 2007 a condominium board of managers contracted for certain construction work on its buildings...

The Role of Forensic Financial Investigations in a Divorce

Posted on June 01, 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 Tom Hoberman, CPA with the accounting firm of WithumSmith + Brown...

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