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

Employer/Employee Relationships: Non-Compete, Confidentiality and Non-Solicitation Clauses

Posted on February 02, 2009
During recessionary times, most people are acutely aware of the general business relationship they have with their employer. Few, however, fully appreciate the legal duties they may owe their employer as a result of documents they signed when they joined the company...

Squeezed Out By Your Business Partner?

Posted on February 02, 2009
A minority shareholder can suffer catastrophic damages in a squeeze-out or oppressive situation. In such a dilemma, the minority shareholder may be deprived of any effective voice in the making of business decisions. Moreover, they could be locked out of the company’s premises, lose their job and be denied access to important information...

Bankruptcy Basics for Boards - Chapter 7 Debtors' Liability for Post-Petition Assessments

Posted on February 02, 2009
With the downturn in the economy, many New Jersey residents are strapped for cash. A possible reprieve for some people is to file for bankruptcy protection. In the past, many unit owners with equity in their units would simply file for Chapter 13 bankruptcy protection...

Association Permitted to Maintain Construction Defect Lawsuit Against Sponsor after Successful Lawsuit to Compel Sponsor's Production of Plans, Documents and Relevant Information

Posted on February 02, 2009
Stark & Stark’s Community Association Group successfully represented and represents a condominium in the face of a sponsor attempt to preclude its construction defect case. The New Jersey Superior Court recently found that a condominium association, which was forced to file suit in order to obtain statutorily required documents from its sponsor, was not barred from bringing a subsequent lawsuit for construction defects with respect to the common elements...

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Property Tax Assessment Audit - Are You Being Improperly Taxed?

Posted on February 02, 2009
As a general rule, common property should not be separately assessed by your municipality. However, many associations are paying property taxes on common property as a matter of course, not realizing the property should be assessed at a minimum or no value...

Handling, and Protecting the Association, with respect to a Mortgage Company Foreclosure

Posted on February 02, 2009
Undoubtedly, your community has seen its share of mortgage company foreclosures. While mortgage foreclosures generally accompany unpaid assessments, and thus may not be welcome, they are in actuality, opportunities for associations. Knowing what to do, and how to do it, in the face of a mortgage foreclosure is crucial to a community's overall collection policy, and its financial security...

COLLABORATIVE DIVORCE - A material girl trend, or a sign of the times?

Posted on January 30, 2009
In recent months I’ve noticed increased interest surrounding a relatively new approach to divorce - the collaborative divorce. With celebrities such as Madonna and Guy Ritchie recently using the collaborative approach coupled with the tough economic times, there is no doubt public interest will only increase...

New Jersey Government Extends Net Operating Loss Carryforward, to the Benefit of Corporate Taxpayers

Posted on January 29, 2009
Governor Corzine and the New Jersey Legislature have recently enacted several laws aimed at easing corporate tax burdens. One of the most widely heralded of such laws extends the net operating loss carryforward (“NOL”). NOL allows taxpayers to offset the profits that they may earn in future years with the losses that they are likely incurring now...

Stark & Stark Attorneys to Present Free Divorce Seminar

Posted on January 29, 2009
Joseph D. Visco and Megan E. Smith, members of Stark & Stark's Divorce Group, will present a free divorce seminar Saturday January 31, 2009. The seminar will take place at the Hampton Inn in Yardley, Pennsylvania from 10:00 AM - 12:00 PM. The seminar will cover topics such as hiring an attorney, alimony, child support, equitable distribution, settlement alternatives and attorneys fees...

Redevelopment Plan - Amendments

Posted on January 27, 2009
Unlike a redevelopment area designation, which must be based upon substantial credible evidence in the record, there is nothing in the Local Redevelopment and Housing Law (LRHL) that requires the contents of a redevelopment plan to be based upon substantial evidence...

Social Security Benefits & Child Support Obligations

Posted on January 26, 2009
Differentiating between the type of social security benefits received by the recipient or obligor of child support is important because some benefits qualify as income, thus effecting the amount of child support he or she is required to pay or is eligible to receive...

Employer Alert: Use of New I-9 Form Required by February 2, 2009

Posted on January 23, 2009
Beginning on February 2, 2009, all employers will need to complete a revised I-9 form for all new employees, as well as for reverification of certain employees with temporary work authorization. The following changes have been made relative to the documents that employers can accept for employment verification: All documents presented to the employer during the verification process must be unexpired...

Paid Family Leave Provides No Additional Job Security

Posted on January 22, 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...

Stark & Stark Shareholder Comments on Timothy Geithner's Questioning by Capitol Hill

Posted on January 21, 2009
Bill Singer, Shareholder of Stark & Stark's Securities group, was interviewed this morning in an NPR story, Marketplace Morning Report: Geithner Faces Probe on Personal Taxes. Mr. Singer comments on the status of Geithner's reputation and chances for becoming Treasury Secretary after reports surfaced of Geithner not paying self-employment taxes over the past several years...

The Real Estate Tax Revaluation Process

Posted on January 21, 2009
Princeton Borough and Princeton Township are about to undergo a revaluation of the real estate within their municipalities. Such a revaluation is a mass appraisal of all real property within their borders. It is performed by an independent professional appraisal or revaluation firm...

Stark & Stark Shareholder to Serve As Co-Chair of 4th Annual CEL International Eminent Domain Seminar

Posted on January 20, 2009
Timothy P. Duggan, Shareholder and member of Stark & Stark's Condemnation group, will serve as Co-Chair of the 4th Annual CLE International Eminent Domain Seminar. The seminar will be held Friday April 17, 2009 at the Hilton in Newark, New Jersey...

The Effect of the Full Faith and Credit Clause - Exception to the Defense of Marriage Act

Posted on January 19, 2009
The article written by Joanna Grossman entitled: “Dissolving Unhappy Vermont Civil Unions: It’s Harder Than It Look,” is important to gay couples joined under the New Jersey Civil Union Act as they will face the same challenges as those in Vermont in legally dissolving their relationships...

Challenging Non-Residential Development Fees

Posted on January 16, 2009
Non-residential developers must not only meet the challenges of this uncertain real estate market, but are also required to comply with the state non-residential development fee program which requires a substantial fee to be paid to municipalities or the State of New Jersey for new non-residential construction...

What Brokers Should Know Before They Go

Posted on January 15, 2009
Brian A. Carlis, Shareholder and member of Stark & Stark's Securities group, was quoted in the January 9, 2009 Morningstar article, PRACTICE MANAGEMENT: What Brokers Should Know Before They Go. Mr. Carlis comments on what brokers should and should not tell clients, colleagues and managers about their departure, if and when it's been decided...

Stark & Stark Shareholder Comments on Reaction From Bank of America & Merrill Lynch Merger

Posted on January 13, 2009
Thomas B. Lewis, Shareholder and member of Stark & Stark's Employment group, was quoted in the January 9, 2009 article, Brokers Disdain Toaster Salesmen in Bank America Deal. Controversy has followed Bank of America's September 15, 2008 acquisition of Merrill Lynch since day one...

Defense of Marriage Act

Posted on January 12, 2009
The Defense of Marriage Act is important for several reasons other than the fact that it defines marriage as between one man and one woman for the purposes of federal law. One is that the Defense of Marriage Act specifically permits states the option of recognizing the union of a same-sex couple that is defined as a “marriage” under the laws of another state...

New Jersey's Foreclosure Mediation Program

Posted on January 08, 2009
This installment of the New Jersey Legal Update is an interview with Bari Gambacorta, Shareholder in Stark & Stark's Bankruptcy & Creditor's Rights group, Allyson Cofran, member of Stark & Stark's Bankruptcy & Creditor's Rights group, and Kevin Wolfe, of the State of New Jersey's Civil Practice Division...

New York City's Cooperatives React To The Current Economy & Real Estate Market

Posted on January 06, 2009
Typically, cooperatives have the right to scrutinize and ultimately admit or reject potential buyers. This right is furthered via the adoption and use of admissions policies, set and amended from time to time by the Board of Directors. During the challenging time, Boards are maintaining their strict and tough admissions standards, and often making them stricter...

Redevelopment Agreement - Forfeiture Remedy

Posted on December 29, 2008
When negotiating the terms of a redevelopment agreement with a redevelopment entity it is crucial to pay close attention to the wording of the redevelopment entity’s remedies upon default, especially if the redevelopment project is going to involve mortgage financing...

Holiday Parenting Time- How Does it Work?

Posted on December 24, 2008
Often times parties leave deciding the issue of who will have parenting time with the children during the holidays until the last minute. Maybe the parties are dreading the argument that will inevitably ensue. Maybe the rush of the holiday season has put this issue on the back burner...

Stark & Stark Shareholder Named President-Elect of Community Associations Institute of New Jersey

Posted on December 23, 2008
A. Christopher Florio, Shareholder and member of Stark & Stark's Community Associations group, was appointed to serve on the Community Association Institute of New Jersey's 2009 Board of Directors, and was named as President-Elect for 2010. CAI-NJ is the New Jersey Chapter of the Community Associations Institute (CAI), a national non-profit organization dedicated to fostering vibrant, responsive, competent community associations and helping them promote harmony, community and responsible leadership...

Enforcement of a Court Order

Posted on December 22, 2008
pemstrongI Have a Court Order, but My Ex-Spouse is Ignoring It!nbsp; Now What?/strong/embr / br / Unfortunately, obtaining a Court Order in New Jersey does not necessarily mean that both parties will comply with that Order.nbsp; All too often, child support and alimony obligations are ignored and the obligor accrues a substantial amount of arrears...

What Are "Changed Circumstances" In This Economy?

Posted on December 19, 2008
pEach day we read of more lay offs; wholesale lay offs in major financial institutions, retailers and the manufacturing industry. Each day we hear of more corporate bankruptcies. Major financial institutions that have the hallmark of financial stability suddenly no longer exist nor dot their thousands of jobs...

Stark Stark Shareholder Discusses Rise of Bankruptcies for NJN News

Posted on December 18, 2008
pa href="http://www.stark-stark.com/attorney-lawyer-1010298.html"Timothy P. Duggan/a, Shareholder of Stark amp;nbsp;Stark's a href="http://www.stark-stark.com/attorney-lawyer-1011044.html"Bankruptcy amp;nbsp;Creditor's Rights/a group, was interviewed for an NJNnbsp;News story discussing Governor Corzine's economic stimulus bill and the recent rise of unemployment and personal bankruptcies in New Jersey...

Deficiency Actions After Foreclosure Judgements

Posted on December 18, 2008
pDeficiency actions to recover balances owed after a consumer foreclosure action are not favored in New Jersey Courts.nbsp; Although, such actions are permitted under New Jersey law, it is in very limited circumstances and may be difficult to obtain.nbsp; Under New Jersey law, a judgment for deficiency may not be brought in the same action to foreclosure the residential mortgage (a separate action must be brought); this preclusion also includes claims on any personal guarantees...

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