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

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Credit Card Holders "Bill of Rights"

Posted on May 28, 2009
On May 20, 2009, Congress passed a credit card holders' "Bill of Rights" that will enact sweeping new restrictions on the credit card industry and provide numerous protections for consumers. Treasury Secretary Timothy Geithner said that the bill would "create a more fair, transparent and simple consumer credit market...


Disclosure of Property Conditions When Selling a Home

Posted on May 27, 2009
Selling a home and wondering what physical conditions at the premises need to be disclosed to a potential new buyer?  Everyone wants to present a positive picture of their home, especially during a slow real estate market.  But it is usually in a seller's best interest to thoroughly disclose any defects which are not readily observable...


Stark & Stark Shareholder Comments on Recent Dow Jones Activity

Posted on May 27, 2009
Bill Singer, Shareholder in Stark & Stark's Securities group, was quoted in the May 20, 2009 Forbes.com article Our See-Sawing Markets: The Dow Jones industrial average just ended a streak where it alternated up and down for 13 sessions...


New Jersey Council: Assessments and Collections

Posted on May 26, 2009
Stark & Stark Community Associations Group Co-Chair, A. Christopher Florio, will present at seminar for the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute entitled, New Jersey Council: Assessments and Collections...


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Stark & Stark Shareholder Comments on Enforcement of Brokers Bonus Repayment

Posted on May 22, 2009
Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Litigation group, was quoted in the May 7, 2009 Dow Jones article, BROKER'S WORLD: Brokers Fight Bonus Repayment - And Lose. The article discusses the recent rise in companies enforcing the repayment of signing and retention bonuses...


Collection Remedies Available to Condominium and Homeowners Associations

Posted on May 21, 2009
Stephen M. Lasser, a Partner in Stark & Stark's Condominium and Co-op Practice Group, presented materials to Board Members on the collection remedies available to condominiums and homeowners associations, in conjunction with David J. Byrne, Partner and Co-Chairperson of Stark & Stark's Condominium and Co-op Practice Group, during a seminar hosted by ASSOCIA/River Management...


Stark & Stark Partner Presents Seminar on Internal Collections Remedies and Community Association-Related Federal and New York Laws at the ASSOCIA/River Management Board Member Program

Posted on May 21, 2009
David J. Byrne, Partner and Co-Chairperson of Stark & Stark's Condominium and Co-Op Practice Group, presented materials related to collections and the impact of various federal and New York laws on community associations, in conjunction with Stephen M...


Litigation Strategies For Business Seminar

Posted on May 20, 2009
Shareholders from Stark & Stark's Litigation group will hold a free seminar entitled Litigation Strategies For Business Wednesday June 24, 2009 at 9:00 AM in the firm's Lawrenceville office. Join Stark& Stark's Litigation attorneys as they assist you in developing a strategic plan that minimizes the impact commercial litigation has on your business...


A Brief History of Land Title in New Jersey

Posted on May 19, 2009
Ever wonder who first held official title to what is now known as New Jersey? Although Native Americans were living here at the time, the British Crown originally laid claim to the lands in this state in 1663.  In June 1664, King Charles II made a land grant to his brother, James, Duke of York, which included the lands in New Jersey...


Shared Parenting Time and Child Support

Posted on May 18, 2009
The New Jersey Child Support Guidelines require that one party be designated as the Parent of Primary Residence.  In most situations, the Parent of Primary Residence is clear.  However, in shared parenting time arrangements, neither parent is technically Parent of Primary Residence,  because the parties have equal overnight parenting time with the children...


Court Rules Against Property in Case Where Tenant Was Relocated But the Property Was Never Taken

Posted on May 15, 2009
What recourse, if any, does a property owner have when the government relocates a tenant to a new property in anticipation of acquiring the first property by eminent domain, but subsequently decides not to take the property?  The answer depends on the length and terms of the lease...


Stark & Stark Shareholder Serves as Panelist for New Jersey Law Journal Green Building in New Jersey Roundtbale Discussion

Posted on May 14, 2009
Stark & Stark Real Estate, Zoning & Land Use Shareholder, Vincent J. Mangini, was a featured panelist for the New Jersey Law Journal's May 4, 2009 Green Building in New Jersey Roundtbale discussion. Green building is a rapidly growing, complex and evolving field which requires hard-to-come-by expertise...


Contesting a Will In New Jersey

Posted on May 13, 2009
It is an eventuality that virtually all of us will face sometime during our lives, the loss of a loved one.  Whether this loved one is one of your parents, a sibling, a relative, or a friend, litigation may arise concerning the Probate of their Will in order to administer their Estate...


Stark & Stark Shareholder Named Mercer County Professional Lawyer of the Year

Posted on May 12, 2009
The Mercer County Bar Association (MCBA) officially announced John S. Eory, of Stark & Stark's Divorce Group, as its recipient of the Mercer County Professional Lawyer of the Year Award.  The award will be formally presented at the Mercer County Bar Association General Membership 'Beefsteak' honoring retiring Judges from the Mercer Vicinage on Thursday, May 21, 2009, at 6:00 p...


Follow-Up To Senate Economic Growth Committee Approval of Bill for Conversion of Age-Restricted Communities

Posted on May 11, 2009
On March 2, 2009 I wrote a blog discussing the Senate Economic Growth Committee's approval of a bill for conversion of Age-Restricted Communities. As expected over the past several weeks, Governor Corzine conditionally vetoed the bill providing for conversion of age-restricted residential properties (commonly referred to as the 55+ bill)...


What is the status of currently pending litigation against bisphosphonate manufacturers?

Posted on May 11, 2009
Currently, a large number of cases against bisphosphonate manufacturers have been designated as Mass Tort or Multidistrict Litigation (MDL) cases. Mass Tort cases (in State courts) and MDL's (in federal courts) are methods of organizing and managing cases involving the same or similar injuries and common defendants...


New Jersey Supreme Court Sides With Property Owner in Dispute Over Legal Fees in Eminent Domain Case

Posted on May 08, 2009
On April 9, 2009, the  New Jersey Supreme Court reversed the decision of the Appellate Division in a case analyzing a condemning authority's obligation to reimburse a property owner for legal fees and expenses in a condemnation case.  Township of West Orange v...


Stark & Stark Shareholder Warns Against Allure of Online Foreign-Currency Trading

Posted on May 07, 2009
Bill Singer, Shareholder in Stark & Stark's Securities group, was quoted in the April 19, 2009 New York Post article Caught in the Currency. The article discusses the recent rise in online foreign-currency trading in the wake of steep losses in the stock and housing markets...


Telephone Recordings and Emails Are Legal, and Common, In Divorce Cases

Posted on May 06, 2009
A case decided by the New Jersey Appellate Court on April 14, 2009, Brown v. Brown, reminds us of the significance of telephone recordings and emails in regards to divorce cases. There is a misconception among many people that it is illegal to tape record telephone conversations...


Commercial Landlords Beware: Questions To Ask Before Removing, Disposing or Returning Property Left By Tenants

Posted on May 05, 2009
Many commercial tenants are facing a severe downturn in revenue, which often equates to not paying their monthly rent.  Sometimes, commercial landlords can work with a delinquent tenant by offering more favorable terms or concessions.  Reduction in the cost per square foot or placing rental arrears on the backend of a lease can be solutions to keeping a store active by that tenant...


What are the possible side-effects of bisphosphonate treatment?

Posted on May 04, 2009
Studies show that the most commonly reported side-effects of bisphosphonate treatment are: 1) Osteonecrosis of the Jaw; and 2) low-trauma bone fractures. What is Osteonecrosis of the Jaw? Studies show that Osteonecrosis of the Jaw (ONJ) or Bisphosphonate Osteonecrosis of the Jaw (BONJ) is a disease where the jawbone does not heal from injury...


Disposition of Personal Property After A Divorce

Posted on May 04, 2009
The disposition of personal property located in the former marital residence is often overlooked in settlement discussions. This issue of who gets to keep the 'comfy green couch' may seem trivial when you are in the midst of spending countless hours negotiating an alimony award or a complicated custody arrangement...


Real Estate Appraisal for Your Divorce

Posted on May 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 Richard Carabelli, Jr...


Mandatory Insurance for Contractors and Developers Seen as a Solution to Defunct Companies

Posted on April 30, 2009
In New Jersey, new home builders are not required to have general liability insurance. As a result, purchasers of new homes and condominium units are sometimes left without recourse in the event that their home was not constructed properly.   As discussed in several Superior Court opinions, the New Home Warranty Program is ineffectual at best and is rarely an advisable option...


Stark & Stark Shareholder Authors Articles Discussing SEC Bid Test and Recent FINRA Disciplinary Case

Posted on April 30, 2009
Stark & Stark Securities group Shareholder, Bill Singer, is the author of a weekly column, Intelligent Investing, for Forbes Magazine. The column focuses on Wall Street regulatory developments and discusses regulation from the individual investor's point of view...


Assets: Are They Real??? How to Protect Your Assets During A Divorce

Posted on April 29, 2009
The plethora of recent ponzi schemes, frauds and scams poses a new challenge for divorce attorneys and litigants throughout New Jersey and the country. Are the accounts real or are they the subject of scam which may ultimately prove them to be worthless? It is bad enough that many divorce litigants know that their 401K or other accounts are 50% of last years' value, even worse if they subsequently learn that event their remaining accounts have been strip of value by  'Madoff type' managers...


Redevelopment Procedures - Adequate Record

Posted on April 29, 2009
Although municipal boards are not bound by the strict rules of evidence during the conduct of proceedings, their findings and determinations must be based upon substantial credible evidence created in the record. This applies when a municipal board acts in a quasi-judicial capacity during the review of applications for development under the Municipal Land Use Law, N...


Are You Oppressed? Truth and Consequences for Minority Shareholders

Posted on April 27, 2009
Minority shareholders in closely held corporations often find themselves on the outside looking in when it comes to managing the daily affairs and making important corporate decisions regarding the corporation in which they have invested. The reason for this circumstance is that, generally, the majority shareholders of a closely held corporation constitute the management of the corporation and, therefore, maintain control...


Palimony in Writing Bill Passed By New Jersey Senate Committee

Posted on April 27, 2009
Palimony cases have provided attorneys and judges with vexing factual and legal issues, largely as the result of competing versions of what was intended by the parties. Was there a promise to support someone for life? What if the promising party dies and the estate is sued? Now that actual cohabitation is no longer a necessary element of palimony ( Devaney v...


What are bisphosphonates?

Posted on April 27, 2009
Bisphosphonates are a class of drugs that drug companies claim promote bone regeneration. Bisphosphonates are commonly sold under various brand names including Fosamax®, Actonel®, Aredia® and Zometa®.   These drugs are manufactured by pharmaceutical companies such as Merck, Novartis, Proctor & Gamble and Sanofi-Aventis...


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