Cole Schotz

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Attorney	Latest Publications
Neoma M. Ayala	Ringing in the New Year With Employment Legislation That Could Affect New Jersey Employers in 2013 Five important pieces of legislation that could affect your business either will go into effect or may be decided by Governor Christie before we ring in 2013. These bills range from social networking legislation to minimum wage…more Discrimination, Domestic Violence, Gender-Based Pay Discrimination, Social Media, Wages	See All Updates »
Douglas Eilender	EPA Issues Revised Enforcement Guidance Regarding Tenant Liability Under CERCLA’s Bona Fide Prospective Purchaser Provision Late last year, the United States Environmental Protection Agency (“EPA”) issued Revised Enforcement Guidance Regarding the Treatment of Tenants under the Federal Comprehensive Environmental Response, Compensation, and Liability…more Bona Fide Purchaser, CERCLA, Contaminated Properties, EPA, Hazardous Substances	See All Updates »
Jason Finkelstein	Governor Vetoes New Jersey Minimum Wage Bill Tied to Consumer Price Index This past week, New Jersey’s Governor Christopher Christie vetoed a new minimum wage bill (A2162) that had been previously passed by the State’s Legislature. This legislation had proposed increasing New Jersey’s minimum wage…more Consumer Price Index, Minimum Wage	See All Updates »
Gerard Giordano	OSHA’s Requires Immediate Action by Certain Employers to Meet the February 1, 2013 Recordkeeping Deadline In keeping with OSHA’s injury and illness recordkeeping regulations, 29 C.F.R. 1904, on February 1, 2013 certain employers are required to post a summary of all injuries and illnesses that occurred in 2012. Employers are…more OSHA, Recordkeeping Requirements	See All Updates »
Peter James Herrigel	Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights In L&W Supply Corp. v. Joe DeSilva, et al., (Docket No. A-2960-10T2, December 19, 2012) (“L&W Supply”), a decision recently approved for publication, the Appellate Division provides guidance to material suppliers seeking to file…more Construction Liens, Insolvency, Material Suppliers, Source of Payments, Subcontractors	See All Updates »
Marcie Horowitz	Change is in the Air – NJDEP Updates its Vapor Intrusion Guidance The NJDEP has updated its vapor intrusion screening levels for the first time since 2007. The new screening levels, effective as of January 16, 2013, were developed using risk-based information developed by the USEPA…more Remediation, Vapor Intrusion, Vapor Intrusion Guidance	See All Updates »
Jason Hyne	New York Considering Amendment to Labor Law § 198 That Would Double Liquidated Damages Penalty for Failure to Pay Employees’ Wages The New York State Assembly is considering a proposed amendment to Labor Law § 198 that would significantly increase the amount of liquidated damages that an employer must pay for failure to pay employees’ wages under certain…more Liquidated Damages, Wages	See All Updates »
Ryan Jareck	Latest Trends in the Enforceability of Make-Whole Premiums A lender’s entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest payments it would have received had the borrower continued to service the debt through the…more American Airlines, Commercial Bankruptcy, Creditors, Debtors, HSBC	See All Updates »
Wendy Klein	Bill Introduced in NJ Assembly to Limit Enforcement of Non-Compete and Non-Solicitation Agreements A bill introduced in the New Jersey Legislature on April 4, 2013, Assembly Bill 3970, seeks to prohibit enforcement of agreements restricting departing employees from competing, disclosing confidential information, or soliciting…more Hiring & Firing, Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements, Proposed Legislation	See All Updates »
Randi W. Kochman	Employers Should be Aware of Updated I-9 Form As most employers are aware, the Immigration Reform and Control Act of 1986 (the “Act”) requires employers to verify that their employees are legally authorized to work in the United States. The Department of Homeland Security…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Christopher Massaro	New Jersey Estate Litigation: The Availability of Punitive Damages In In re Stockdale, the New Jersey Supreme Court addressed the availability of punitive damages in estate disputes involving undue influence claims. 196 N.J. 275 (2008)…more Elder Issues, Punitive Damages, Undue Influence Claims	See All Updates »
Michael N. Morea	New York City Prohibits Discrimination Against The Unemployed On March 13, 2013, the New York City Council overrode Mayor Bloomberg’s veto of legislation prohibiting New York City employers from discriminating against unemployed job applicants. In so doing, New York City joins New Jersey…more Discrimination, Hiring & Firing, Job Applicants, Unemployment Discrimination	See All Updates »
Gary Phillips	2013 Estate Planning – Still Not The Time To Be Complacent The end of 2012 saw an unprecedented surge of activity for estate planning attorneys and advisors counseling clients to implement estate plans before the 2013 changes in the law, which would have reduced gift and estate tax…more American Taxpayer Relief Act, Estate Planning, Tax Exemptions	See All Updates »
Jill Richardson	NJ Assembly Approves Bill Granting Final Decision-Making Power to Office of Administrative Law In an effort to streamline administrative law hearings, the New Jersey Assembly recently approved a bill granting the Office of Administrative Law final agency decision-making power in certain contested state agency cases,…more ALJ, Decision-Making Process	See All Updates »
Carl Rizzo	Damage From Superstorm Sandy Means Substantial Real Property Tax Relief May Now Be In Order When Superstorm Sandy hit New Jersey on the evening of October 29, many local residents and businesses did not expect the devastation that followed. Numerous suffered substantial business and residential property losses as a…more Hurricane Sandy, Property Tax	See All Updates »
Steven Saraisky	Who is a Large Employer Under Obamacare? Among other things, the Patient Protection and Affordable Care Act (the “Act”), commonly referred to as Obamacare, requires “large employers” to provide qualified health coverage for all of their full-time employees, or pay an…more Affordable Care Act, Closely Held Businesses, Common Ownership, Full-Time Employees, Healthcare	See All Updates »
Joanna Slusarz	New Jersey Adopts FEMA Flood Maps; DEP Releases FAQs on the Stringent Requirements for Rebuilding Along the Shore On January 24, 2013, Governor Chris Christie adopted the advisory flood maps released last December by the Federal Emergency Management Agency, which establish new, tougher standards for rebuilding along the Jersey Shore,…more Department of Environmental Protection, FEMA, Flood Hazard Control Act, Flood Maps	See All Updates »
David Steinberger	The New Jersey Waiver Rule is Upheld by Court On March 21, 2013, the New Jersey Appellate Division upheld the validity of the New Jersey Department of Environmental Protection’s (DEP) controversial “Waiver Rule.” The Waiver Rule generally allows the DEP to waive regulatory…more Department of Environmental Protection, Waiver Rule	See All Updates »

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