Local Law Blogs

ERISA Funding Requirements

Posted on March 31, 2011
Each plan subject to minimum-funding requirements must maintain a minimum-funding standard account and meet a minimum-funding standard. A funding standard account consists of charges for normal costs, amortization costs and funding deficiencies, offset by credits for amounts contributed by the employer, amortization gains, waived funding deficiencies, and the excess of any debit balance in the funding standard account over any debit balance in the alternative minimum standard account, if any...

Stark & Stark Shareholder Featured in NJ Biz Tax Appeals Article

Posted on March 24, 2011
Timothy P. Duggan, Chair of Stark & Stark's Real Estate Tax Appeals Group, was featured in the February 21, 2011 NJ Biz article, A taxing affair for towns as appeals mount. The article discusses the recent rise of property tax appeals taking place in New Jersey as the steep drop in property values continues after the market crashed...

NJ Superior Court, Appellate Division, Upholds Action by Legislature to Transfer Monies Deposited into Clean Energy Fund to General Fund

Posted on March 23, 2011
On March 4, 2011, the Appellate Division of the New Jersey Superior Court, in a case captioned Mid-Atlantic Solar Energy Industries Association v. Christie, reviewed a challenge to Section six of the 2010 Supplemental Appropriations Act (P.L. 2010, c...

Appellate Division Reaffirms Absence of Strict Compliance Requirements for Notices to Quit on Commercial Landlords

Posted on March 22, 2011
In a recent decision, 350 Main Street, LLC v. Ren Guan Li d/b/a Sun Hing Restaurant, A-3265-09T4 (March 21, 2011), the Superior Court of New Jersey, Appellate Division, examined whether the strict compliance requirements regarding notice under New Jersey's Anti-Eviction Act (N...

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Stark & Stark Shareholder Comments on New Jersey Supreme Court Decision in Eminent Domain Case

Posted on March 21, 2011
Timothy P. Duggan, Chair of Stark & Stark's Condemnation & Eminent Domain Group, was quoted in the March 18, 2011 NJ Biz article, N.J. Supreme Court decision could affect commercial lease negotiation. Mr. Duggan comments on the recent New Jersey Supreme Court decision on a Kearny eminent domain case which would affect the majority of commercial lease negotiations in the state...

Fiduciary Duty Under ERISA

Posted on March 18, 2011
ERISA establishes the fiduciary responsibilities applicable to employee benefit plan administrators and sets out certain fiduciary standards by which trustees' actions will be measured, including the mandate that trustees are to discharge their duties solely in the interest of the plan with the care, skill, and diligence which a prudent individual would use in similar circumstances in accordance with the instruments governing the plan and through diversifying the plan's investments...

Developer Thwarted in Attempt to Force Arbitration on Condo Association

Posted on March 17, 2011
Rather than focusing on the cause of costly and time consuming construction defect litigation, i.e., poor construction.  Developers of condominiums and townhome associations are more frequently trying to limit the association's (and the unit owners') ability to bring such a lawsuit...

How to Use Social Media to Enhance Your Franchise

Posted on March 15, 2011
Adam J. Siegelheim, member of Stark & Stark's Franchise Group, attended the 2011 International Franchise Expo's Annual Convention February 13-16, 2011 in Las Vegas, Nevada. In this podcast, Mr. Siegelheim meets with Paul Segreto of Franchise Essentials...

Does a Lower Income Job Allow a Reduction in Alimony?

Posted on March 14, 2011
A party's involuntary loss of a job and subsequent employment at a lower wage, are not necessarily determinative for a reduction in alimony. There are criteria that a Court must consider in determining whether the spouse seeking modification has established a case for modification...

Stark & Stark Shareholders to Present Seminars at the 2011 Atlantic Builders Convention

Posted on March 13, 2011
Stark & Stark Shareholders, Gary S. Forshner and Timothy P. Duggan, will present seminars at the 62nd annual New Jersey Builders Association's 2011 Atlantic Builders Convention. The convention will take place April 6-8, 2011 in Atlantic City, New Jersey...

Governor Conditionally Vetoes Solar Landfill Bill

Posted on March 11, 2011
On March 3, 2011, Governor Christie conditionally vetoed Senate bill S2126, which I have dubbed the 'solar landfill bill' and summarized on February 7, 2011.  Judging from the Governor's veto message, it appears that Governor Christie is inclined toward approving this bill; provided, however, that the Legislature agrees to insert 'some technical changes ...

Protect your Identity: Exercise your Right of Publicity

Posted on March 10, 2011
Have you ever wondered what you're worth?  No, not your 'net worth' (i.e. the cumulative value of your assets less any debts or liabilities), but the commercial value of your name, identity, image or likeness.  Yes, you have a right of publicity: the right to control the use of your name, picture, voice, image or likeness, and to prevent another from using the same for commercial benefit without your consent...

The Seller's Disclosure Statement

Posted on March 08, 2011
The completion of the Seller's Disclosure Statement is a task that is often taken lightly by a Seller of residential real estate when they are preparing to sell their house.  In fact, many individuals when faced with completing this task give it little thought and complete it in a cursory fashion...

Postings on Social Networking Sites are Discoverable

Posted on March 07, 2011
You are more than likely one of the 500 million active users on Facebook who willingly choose to share your comments, pictures, and status updates with friends and family.  It is easy to lose sight of the gross reality that our 'second self,' or our presence on the Internet, is anything but private...

The Employee Retirement Income Security Act

Posted on March 04, 2011
As a long-term employee, it is important to know what is happening with your pension plan, but more importantly, what could happen.  There is an enormous body of law that covers retirement plans, however, given its convoluted nature, a simple question or issue may require a lengthy and complex answer...

Stark & Stark Attorney to Present NJICLE Seminar, The Legal Aspects of Franchising

Posted on March 02, 2011
Adam J. Siegelheim, member of Stark & Stark's Franchise Group, will present a seminar in conjunction with the New Jersey Institute for Continuing Legal Education entitled, The Legal Aspects of Franchising. The seminar will take place Thursday, June 09, 2011 from 9:00 AM to 1:00 PM at the Wilshire Grand Hotel, West Orange, New Jersey...

The Psychology of the Successful Franchisee

Posted on March 01, 2011
Adam J. Siegelheim, member of Stark & Stark's Franchise Group, attended the 2011 International Franchise Expo's Annual Convention February 13-16, 2011 in Las Vegas, Nevada.   During the convention, Mr. Siegelheim interviewed Ricardo Roman, V...

Stark & Stark Enforces Age Restriction in Over 55 Community

Posted on February 28, 2011
Stark & Stark recently obtained a favorable settlement for one of its over 55 communities faced with a homeowner whose granddaughter resides in one of the units. The Association, after becoming aware of the violation, sent notices of the violation to the homeowner and offered Alternative Dispute Resolution (ADR) as a means to resolve the dispute without the need for litigation...

Pension Protection Act of 2006

Posted on February 28, 2011
On August 17, 2006, President Bush signed into law the Pension Protection Act of 2006 (the 'PPA').  The PPA establishes new funding requirements for defined benefit pensions and included reforms that affect cash balance pension plans, defined contribution plans, multiemployer plans and deferred compensation plans for executives and highly compensated employees...

Governor Vetoes Bill Affording Low-interest Loans for High Performance Green Buildings

Posted on February 22, 2011
On February 18, 2011, Governor Chris Christie vetoed legislation (A2215) that would have required the New Jersey Economic Development Authority in consultation with the Department of Community Affairs 'to establish and administer a program that makes low-interest loans available to a developer or redeveloper who constructs a new building or removes an existing building that, when completed, qualifies as a high performance green building...

Stark & Stark Shareholder Comments on 'Garden Leave' for Brokers

Posted on February 22, 2011
Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 18, 2011 Wall Street Journal article, US Trust Asks Employees to Confirm Broker Protocol Doesn't Apply. The article discusses a memo Bank of America sent to its U...

Discovery For The Phase 1 Bellwether NuvaRing® Cases Have Been Scheduled

Posted on February 18, 2011
As we have discussed in previous posts, studies have shown that the ingredients contained in the birth control product NuvaRing® have been linked to various forms of severe side-effects including: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism...

NuvaRing® Case Management Conference Scheduled

Posted on February 16, 2011
Judge Martinotti, who presides over the NuvaRing® mass tort cases in the Superior Court of New Jersey – Bergen County, will hold a case management conference on March 11, 2011.  At this conference, the judge will hear Defendants' motion to dismiss Millian v...

Solar Ordinance Preemption Bill Takes Major Step Forward in New Jersey State Assembly

Posted on February 15, 2011
On February 3, 2011, the Assembly Housing and Local Government Committee approved for consideration by the full New Jersey State Assembly a bill (A3125) that proposes to preempt municipalities from enacting ordinances that purport to regulate the installation of solar panels on residential property...

The Federal Housing Finance Agency Reverses Course on Prohibition of Association Transfer Fees

Posted on February 15, 2011
The Federal Housing Finance Agency recently reversed its August proposal to ban real estate transfer fees that would have put a huge burden upon homeowner and condominium associations in all 50 states. The FHFA proposal attempted to curtail the practice of investor-driven private transfer fee programs, which funnel profits, unconnected to any value or service provided, to developers, bond investors and others...

Proof of a Party's Substantial Change in Circumstances is Required Before a Court Will Modify Alimony

Posted on February 11, 2011
Either party in a post-judgment divorce action may make an application to modify alimony based on a substantial change in circumstances. The party seeking modification has the burden of demonstrating a change in circumstance which would warrant relief...

It Gets Better: Independence Business Alliance's Philadelphia Chapter Produces Video Message

Posted on February 10, 2011
I wanted to take this opportunity to share what I believe is a very important and timely YouTube message that was created by the Independence Business Alliance, Philadelphia's LGBT Chamber of Commerce. As an active member of this organization I have seen firsthand the truly inspired and positive work our group is doing in the community...

A Construction Lien Law Primer

Posted on February 09, 2011
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, authored the article, A Construction Lien Law Primer, for the January 31, 2011 New Jersey Law Journal's Real Estate, Title Insurance & Construction Law Supplement...

Practical ADR for Practical Associations

Posted on February 09, 2011
The below article is a re-print of an article which was previously published in the June 2010 issue of Community Trends Magazine.                     The scenarios are predictable and common...

A Divorce Tax Primer

Posted on February 08, 2011
Welcome to that time of year when thoughts turn to spring. As a baseball fan, my thoughts turn to Spring Training, while as a divorce lawyer, they turn to taxes. Why, you may ask? Well, with tax filings due April 15th, there will be no small amount of questions as to such issues as, "are my support payments taxable? Are they tax deductible? What about the assets I received or gave to my ex-spouse? Who gets to claim the children? How am I permitted to file? Can I file separately from my spouse? Should I do so? This list is not exhaustive but provides a basis for discussion concerning the interplay of divorce and taxes which any person contemplating or going through a divorce should know, as should their attorney...

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