Local Law Blogs

Florida Condominium Successfully Sues Bank for Delaying Foreclosure

Posted on October 12, 2010
APompano Beach condominium successfully sued Wells Fargo, arguing that Wells Fargo purposely delayed foreclosure proceedings on a condominium unit for more than a year.  As a result, the condominium was awarded title to the unit free and clear of the original $184,400 mortgage...

The Futures and Financial Well Being of Condominiums and HOAs are Further at Risk From the Foreclosure "Moratorium" Issued by America's Largest Banks and Mortgage Companies

Posted on October 12, 2010
GMAC Mortgage (the country's fourth-largest home lender), Bank of America (the country's third-largest lender by assets) and JP Morgan Chase, three (3) of the country's largest and most troubled home lenders, recently announced that they were imposing a moratorium on their foreclosures as it tried to ensure they were done correctly...

FTC Strikes Again! Sues California firm over Deceptive Claims relating to LED Bulbs

Posted on October 11, 2010
On September 7, 2010, the FTC filed suit against Lights of America, Inc. ('LOA'), a California firm, and its principals, to enjoin the use of exaggerated claims relating to its Light Emitting Diode (LED) bulbs.  According to the FTC's complaint, the LED lamps marketed by LOA 'produced significantly less light output than a typical light bulb at the wattage represented in ...

FTC Sues California firm over Deceptive Green Marketing Claims relating to LED Bulbs

Posted on October 11, 2010
On September 7, 2010, the FTC filed a law suit against Lights of America, Inc. ('LOA') and its principals, to enjoin the use of exaggerated green marketing claims relating to its Light Emitting Diode (LED) bulbs.  According to the FTC's complaint, the LED lamps marketed by LOA 'produced significantly less light output than a typical light bulb at the wattage represented in ...

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Navigate the Zoning Process With an In-Depth Understanding of Zoning Regulations

Posted on October 07, 2010
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group will present a seminar in conjunction with the National Business Institute entitled, Navigate the Zoning Process With an In-Depth Understanding of Zoning Regulations...

FTC Releases Proposed Revisions to Green Guides

Posted on October 07, 2010
On October 6, 2010, the Federal Trade Commission released to the public proposed revisions to its Guide for the Use of Environmental Marketing Claims, also known as the "Green Guides."  The Green Guides is a document published by the FTC and codified in the Code of Federal Regulations (16 C...

Developer Prohibited from Enforcing Arbitration Clause Written into Governing Documents

Posted on October 06, 2010
A recent court ruling unraveled a developer's creative attempt to avoid litigation related to its construction of a new condominium.  Pinnacle Market Development designed and constructed the Pinnacle Museum Tower Condominiums in San Diego California...

New Jersey Likely to See Proliferation of Solar Farms

Posted on October 01, 2010
Solar farms are becoming all the rage.  The Times (of Trenton) reported on September 15, 2010, that this year three solar farms have received land use approvals in Mercer County, New Jersey.  Two of these are PSE&G facilities and the other - the most recent one - is a project backed by a company called CJS Investments...

Stark & Stark Shareholders Present Seminar With Respect to Community Associations & Current Legal Issues

Posted on October 01, 2010
Shareholders and Co-Chairs of Stark & Stark's Community Association Group, David J. Byrne and A. Christopher Florio, presented materials on a wide variety of legal issues pertaining to community association management. Mr. Byrne and Mr. Florio discussed an association's creation and enforcement of leasing-related, pet-related and smoking-related covenants and rules...

Copyright Law Protection for Fashion Designs

Posted on September 29, 2010
Craig S. Hilliard, Shareholder in Stark & Stark's Litigation Group, authored an article for the September 27, 2010 edition of the New Jersey Law Journal entitled, Copyright Law Protection for Fashion Designs.   The article discusses the current trends in protecting fashion designs under copyright law...

Producers and Advertisers of Products and Services Having "Green" Attributes Must Carefully Evaluate and Refine Environmental Marketing Claims to Avoid Liability - Part II

Posted on September 21, 2010
In Part I of our two-part series on the legal risks in green marketing, we treated two of the principal federal laws that require attention in devising a green marketing plan - the Federal Trade Commission Act and the Lanham Act.  In Part II of this series, we discuss a few state laws that impact manufacturers, producers, suppliers and advertisers of green goods and services...

When Disputes Go From Dinner Table to the Conference Room

Posted on September 21, 2010
Scott I. Unger, Shareholder in Stark & Stark's Litigation Group, was quoted in the September 20, 2010 NJ Biz article, When disputes go from dinner table to the conference room. The article discusses a major issue owners of a family business will often times face as the number of parties controlling the business increases...

Understanding the Legal Risks When Marketing Green Products - Part 2

Posted on September 21, 2010
In Part I of our two-part series on the legal risks in green marketing, we treated two of the principal federal laws that require attention in devising a green marketing plan - the Federal Trade Commission Act and the Lanham Act.  In Part II of this series, we discuss a few state laws that impact manufacturers, producers, suppliers and advertisers of green goods and services...

How to Switch Firms... and Not Get Sued

Posted on September 20, 2010
Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the September 20, 2010 Wall Street Journal article, How to Switch Firms… and Not Get Sued. The article discusses the legal troubles brokers and financial advisers will often times face after they have changed firms and how the Protocol for Broker Recruiting can help advisers avoid legal issues altogether...

Producers and Advertisers of Products and Services Having "Green" Attributes Must Carefully Evaluate and Refine Environmental Marketing Claims to Avoid Liability - Part I

Posted on September 14, 2010
As energy efficiency and environmentally conscious products have become 'all the rage,' government oversight of related advertising claims and competitor interest in how such products are marketed have increased and, as such, manufacturers, producers, suppliers and advertisers of goods and services having 'green' attributes must be especially careful to avoid unfair or deceptive claims in their advertising...

Understanding the Legal Risks When Marketing Green Products

Posted on September 14, 2010
As energy efficiency and environmentally conscious products have become 'all the rage,' government oversight of related advertising claims have increased and, as such, manufacturers, producers, suppliers and advertisers of 'green' products must be especially careful to avoid unfair or deceptive claims in their advertising...

New Jersey State Comptroller's Examination of Municipal Tax Abatements

Posted on September 10, 2010
On August 18, 2010, the Office of the State Comptroller issued a 25-page report evaluating the "broad issues underlying tax abatement policy and implementation" and providing a multitude of recommendations for improvement. Among the concerns raised by the State Comptroller in the report were (1) the exclusion of certain parties from the process of creating opportunities for and awarding tax abatements to developers and property owners, (2) the lack of guidance from and regulatory oversight by State government and (3) the failure of municipalities to conduct "comprehensive and detailed cost-benefit analyses [at least] for potential long-term abatement projects...

Producers and Advertisers of Products and Services Having "Green" Attributes Must Carefully Evaluate and Refine Environmental Marketing Claims to Avoid Liability - Part 1

Posted on September 09, 2010
As energy efficiency and environmentally conscious products have become 'all the rage,' government oversight of related advertising claims and competitor interest in how such products are marketed have increased and, as such, manufacturers, producers and advertisers of goods and services having 'green' attributes must be especially careful to avoid unfair or deceptive claims in their advertising...

Alternative Dispute Resolution and the Quest for an Amicable Solution

Posted on September 09, 2010
"You can please all the people some of the time, and some of the people all the time, but you cannot please all the people all the time."    There is an abundance of contexts in which this variation of the popular quote by Abraham Lincoln may seem wholly relevant...

Tenants Can Utilize a Renewal Option as an Alternative to a Lengthier Commercial Lease Term

Posted on September 08, 2010
A renewal option contained in a lease agreement can be a vital provision for the success of a business owner.   When negotiating a commercial lease, it is essential that a tenant take into consideration various factors when determining the term of the lease such as the nature of the business, the rent amount and the length of time the business has been operating...

Governor Christie Signs Offshore Wind Economic Development Act

Posted on September 07, 2010
On August 19, 2010, Governor Chris Christie signed into law the Offshore Wind Economic Development Act (P.L.2010, c.57), which amends and supplements the Electric Discount and Energy Competition Act and the Global Warming Response Act.  Principally, this new legislation directs the New Jersey Board of Public Utilities (BPU) to establish an offshore wind renewable energy certificate (OREC) program, requiring a percentage of the electricity sold in New Jersey to be from offshore wind energy, and authorizes the New Jersey Economic Development Authority (EDA) to provide financial assistance to qualified offshore wind projects and associated equipment manufacturers and assembling facilities and to approve tax credits...

Stark & Stark Shareholder to Present at 2010 National Association of Retail Collection Attorneys Conference

Posted on September 03, 2010
Bari J. Gambacorta, Shareholder in Stark & Stark's Collections Group, will present a seminar at the National Association of Retail Collection Attorneys (NARCA) Fall 2010 Collection Conference. The conference will be held October 21-23, 2010 at Caesar's Palace in Las Vegas, Nevada...

Champagne Producers Plan to Reduce Carbon Emissions by Lightening the Weight of Their Bottles

Posted on September 02, 2010
Will There Be Enough Room Left on the Bottle to Advertise Their Green Credentials?   Recently, the New York Times published on-line an article in its Energy & Environment section regarding a movement among champagne producers in France to make their bottles about 2...

Corporations Beware: Board of Directors' Minutes are Subject to Shareholder Review

Posted on September 01, 2010
In Cain v. Merck & Co. Inc., the New Jersey appellate division recently ruled that the New Jersey Business Corporation Act (N.J.S.A 14A:5-28(4)) allows shareholders with a proper purpose to inspect the minutes of the board of directors and executive committee of the corporation...

When Negotiating an Architectural Services Contract, Be Sure to Check the Standard of Care Covered by the Professional Liability Policy

Posted on August 31, 2010
In preparing or reviewing an architectural services agreement on behalf of an owner for the design of a high performance building, it is important to negotiate and settle on a standard of care to which the architect will be subject and then make sure that the architect's professional liability insurance covers any breach of that standard...

Stark & Stark Shareholder Comments on FedEx Investigation

Posted on August 25, 2010
Scott I. Unger, Shareholder in Stark & Stark's Litigation Group, was quoted in the August 25, 2010 New York Post article, FedEx: Cuomo suit 'pie in the sky. The article discusses New York Attorney General Andrew Cuomo's recent review of the insurance policies FedEx sells to customers...

FTC Expects to Release Updates to Green Guides Before Summer's End

Posted on August 24, 2010
While perusing the internet, I came across an interesting article published, yesterday, online by Advertising Age.  This article indicates that the Federal Trade Commission is getting ready to release the long-awaited updates to its 'Green Guides' and predicts that these new guidelines 'could radically reshape how far marketers can go in painting their products, packaging or even corporate images green...

Contribution to College Education Expenses After A Divorce

Posted on August 23, 2010
With college education costs soaring (approximately $50,000 per year for private college tuition, room, board and fees) and unemployment still hovering near 10%, the payment for a child's college education is an issue for all families. The issue becomes even more difficult for divorced parties...

Appellate Division Sides with Property Owner Finding that Interest on a Condemnation Award is Not Limited to the Judgment Rate

Posted on August 23, 2010
In most eminent domain cases, the government will deposit the pre-litigation offer with the Superior Court of New Jersey shortly after the complaint is filed.  The property owner (or lien holders) is entitled to withdraw the funds without effecting his or her right to seek additional money from the government...

Stark & Stark Shareholder Comments on J.P. Morgan Suit Against Former Adviser

Posted on August 17, 2010
Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the August 17, 2010 article, J.P. Morgan sues former adviser. The article discusses J.P. Morgan Chase & Co's recent decision to sue a former financial adviser who defected to Morgan Stanley Smith Barney...

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