Cole Schotz

Florida Becomes the 36th State to Allow Same-Sex Marriage

On August 21st, 2014, U.S. District Court Judge, Robert L. Hinkle, in the case of Brenner v. Scott, ruled that Florida’s constitutional and statutory bans on same-sex marriage were unconstitutional. Same-sex couples were able…more

New Legislation, Same-Sex Marriage

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Newark’s Paid Sick Leave Ordinance to Take Effect on June 21, 2014

As we previously posted on March 20, 2014, the City of Newark, New Jersey passed a paid sick leave ordinance (the “Ordinance”), which requires private employers to provide paid sick leave to employees who work at least 80 hours…more

Employee Benefits, Employee Rights, Employer Liability Issues, Employment Policies, Paid Leave

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The New Jersey Supreme Court has reopened the doors to Affordable Housing Litigation

The New Jersey Supreme Court has unanimously held that the administrative process run by COAH in which municipalities show compliance with affordable housing obligations is no longer working and municipalities are no longer…more

Affordable Housing, Construction Disputes, Construction Project, Local Ordinance, Municipalities

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Environmental News Flash: New Jersey Supreme Court Rules That Six-Year Statute Of Limitations Does Not Apply To Spill Act Claims

In a much anticipated decision, the New Jersey Supreme Court ruled yesterday in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property is not applicable to Spill Act…more

Contaminated Properties, Environmental Remediation Costs, Oil & Gas, Remediation, Spill Act

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School Segregation of Special Needs Students

The Individuals with Disabilities Education Act (“IDEA”) requires public schools to develop an Individualized Education Program for every student with a disability who is found to meet the federal and state requirements for…more

IDEA, Public Schools, Special Education

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Superior Court of New Jersey Pierces the “LLC” Veil, Holding Sole Member Liable for Environmental Liabilities

On February 26, 2015, in Coty US LLC v. 680 S. 17th Street LLC, the Superior Court of New Jersey, Chancery Division, pierced the veil of a New Jersey limited liability company and held its sole member liable for environmental…more

Corporate Veil, Environmental Liability, Limited Liability Companies, Members, Personal Liability

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NJ Supreme Court Embraces Employee-Friendly Test for Determining Independent Contractor Status

In a unanimous opinion issued on January 14, 2015, the New Jersey Supreme Court determined that the “ABC test” governs whether an individual is an “employee” or an “independent contractor” entitled to the protections of New…more

Employee Definition, Employer Mandates, Independent Contractors, Wage and Hour

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New Jersey Supreme Court Erects New Hurdle for Harassment Plaintiffs To Overcome

Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law Against…more

Affirmative Defenses, Anti-Harassment Policies, Employer Liability Issues, Negligence, NJ Supreme Court

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The New Environmental Due Diligence Standard Saga Continues

To supplement our prior blog posts with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I…more

ASTM, CERCLA, Contaminated Properties, Environmental Assessments, Land Developers

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NYC Becomes The Latest Major City To Pass “Ban the Box” Legislation

New York City passed the Fair Chance Act last week, making it the latest of a growing number of states, counties and cities across the country to bar employers from inquiring about job applicants’ criminal histories during the…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Fair Chance Act, Hiring & Firing

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New Jersey Court Exceeded Its Authority in Determining Future Medicaid Eligibility

A recent New Jersey Appellate Division opinion determined the limits of a lower court’s jurisdiction with respect to deciding Medicaid eligibility. The Appellate Division in In re A.N., 430 N.J. Super. 235 (2013), found that…more

Administrative Authority, Eligibility, Healthcare, Medicaid

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Even if You Lose You May Win (Attorneys’ Fees That Is)

In New Jersey, if a policyholder is required to sue its insurance company for coverage, Court Rule R.4:42-9 allows a policyholder to recover attorneys’ fees if it is successful in obtaining coverage. The purpose of this rule…more

Attorney's Fees, Construction Defects, Declaratory Judgments, Denial of Insurance Coverage, Duty to Defend

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Doctrine of “Patent Ambiguity” Bars Contractor’s Substantial Claim For Extra Work

The Appellate Division recently affirmed a trial court’s granting of summary judgment in favor of the County of Union (the “County”) on a contractor’s extra work claim for $631,895.27 arising from an ambiguity in the contract…more

Ambiguous, Contractors, Patent Applications, Patents

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Six-Year Statute Of Limitations Applies To Spill Act Contribution Claims

In a stunning decision, the New Jersey Appellate Division held on August 23 that the State’s general six-year statute of limitations for property damage applies to private claims for contribution under the New Jersey Spill…more

Contribution Claims, Spill Act, Statute of Limitations

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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

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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

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NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust fund…more

Chris Christie, Department of Environmental Protection, Environmental Liability, Environmental Policies, Environmental Remediation Costs

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EEOC Endorses Incentives To Employees For Participation In Qualified Wellness Programs

On April 20, 2015, the United States Equal Employment Opportunity Commission (“EEOC”) issued proposed guidance concerning employer wellness programs. The proposed rule would amend the EEOC’s regulations and interpretive guidance…more

ADA, Affordable Care Act, Comment Period, EEOC, Employer Group Health Plans

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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

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NLRB Issues Guidance on Employee Handbooks

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or join…more

Employee Handbooks, New Guidance, NLRA, NLRB, Protected Concerted Activity

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Back to the Drawing Board: Supreme Court Sets Aside EPA Regulations On Mercury Emissions from Power Plants

The Supreme Court on Monday dealt a setback to the Environmental Protection Agency’s regulation limiting mercury and other toxic emissions from power plants – the “mercury rule.” In Michigan v. Environmental Protection Agency,…more

Chevron Deference, Chevron v NRDC, Clean Air Act, Climate Change, EPA

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United States Supreme Court Upholds the Affordable Care Act Subsidies

As we previously reported, one of the greatest challenges to the Affordable Care Act (“ACA” or “Act”) came in King v. Burwell, otherwise known as the Obamacare subsidy lawsuit, where the plaintiffs challenged the ACA subsidies…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, Health Insurance Exchanges, King v Burwell

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Court Warns That Marriage Does Not Render A Spouse Automatically Entitled To Preexisting Life Insurance Policies

In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life insurance policies. See Fox v. Lincoln Financial…more

Beneficiary Designations, Compliance, Declaratory Judgments, Life Insurance, Surviving Spouse

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Estate Administration In A Paperless World

While our current digital, paperless world has made life more efficient for most, when someone dies, it can be difficult for the survivors to obtain the keys to unlock all of the digital information that is left behind. As a…more

Electronics, Estate Planning, Executors, Social Media, Social Media Policy

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Court Warns That Marriage Does Not Render A Spouse Automatically Entitled To Preexisting Life Insurance Policies

In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life insurance policies. See Fox v. Lincoln Financial…more

Beneficiary Designations, Compliance, Declaratory Judgments, Life Insurance, Surviving Spouse

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New York City Prohibits Employers From Considering Credit History When Making Employment Decisions

On May 6, 2015, New York City enacted the Stop Credit Discrimination in Employment Act (the “Act”), which amends the New York City Human Rights Law to make it unlawful for employers to consider an individual’s consumer credit…more

Background Checks, Credit History, Employment Discrimination, Exemptions, Hiring & Firing

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Significant Revisions to the IRS Offshore Voluntary Disclosure Program

The existing OVDP has been in place since March 2009. The program allows a taxpayer to voluntarily come into compliance with US tax reporting obligations and pay a reduced civil penalty rather than facing either greater civil…more

Compliance, FBAR, IRS, OVDP, Reporting Requirements

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Extension of 2014 Qualified Charitable Distributions

On December 3, 2014, the House of Representatives passed legislation that would extend a number of tax breaks for the 2014 tax year. Senate approval of the bill is likely…more

Pending Legislation, Popular, Qualified Charitable Distributions, Tax Extensions

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DOMA is Doomed as Windsor Expands Federal Employment Benefits and Protections to Married Same-Sex Couples

In a 5-4 decision, the United States Supreme Court struck down Section 3 of the Federal Defense of Marriage Act (“DOMA”) in its landmark decision, United States v. Windsor, 570 U.S. __ (2013)…more

Discrimination, DOMA, Employee Benefits, Equal Protection, Estate Tax

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EPA Gives New ASTM Standard the Nod in Proposed Rule

As indicated in our latest blog post, here, on US EPA’s adoption of the new ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, US EPA has taken the step necessary…more

ASTM, CERCLA, Environmental Site Assessment, EPA, Final Rules

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Real Property Tax Review is Especially Critical in an Upward Trending Market – The 2015 Real Property Tax Appeal Season Has Arrived!

Property owners should be receiving their annual property tax assessment notices (post cards) from the municipal assessor’s office at this time. Receipt of this assessment notice indicates that it is time to determine whether a…more

Commercial Property Owners, Filing Season, Property Owners, Property Tax, Tax Appeals

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Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight…more

Abandoned Property, Eminent Domain, Municipalities, NJ Supreme Court, Redevelopment

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Important Changes to New York Estate and Gift Tax Laws

Estate tax exemption increase. Effective April 1, 2014, the New York State estate tax exemption increased to $2,062,500 for New York residents dying between April 1, 2014 and April 1, 2015 and will increase to $3,125,000 on…more

Estate Planning, Estate Tax, Gift Tax, Tax Exemptions

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Significant Revisions to the IRS Offshore Voluntary Disclosure Program

The existing OVDP has been in place since March 2009. The program allows a taxpayer to voluntarily come into compliance with US tax reporting obligations and pay a reduced civil penalty rather than facing either greater civil…more

Compliance, FBAR, IRS, OVDP, Reporting Requirements

See All Updates »

Significant Revisions to the IRS Offshore Voluntary Disclosure Program

The existing OVDP has been in place since March 2009. The program allows a taxpayer to voluntarily come into compliance with US tax reporting obligations and pay a reduced civil penalty rather than facing either greater civil…more

Compliance, FBAR, IRS, OVDP, Reporting Requirements

See All Updates »

The Battle Continues in Bid Protest Against Bergen County

Echoing down Main Street in Hackensack is the incessant and repetitive booming of the driving of piles into the ground on what was once the visitor parking lot next to the Courthouse and former jail. The pile driving is part of…more

Bid Protests, Construction Contracts, Construction Disputes, Contractors

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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

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Not So Fast With the New Environmental Due Diligence Standard

On August 21, 2013, we wrote here that the United States Environmental Protection Agency approved the new ASTM Phase I environmental due diligence standard (ASTM E1527-13). In a move that caught many observers by surprise,…more

ASTM, Contaminated Properties, Due Diligence, EPA

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Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight…more

Abandoned Property, Eminent Domain, Municipalities, NJ Supreme Court, Redevelopment

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Back to the Drawing Board: Supreme Court Sets Aside EPA Regulations On Mercury Emissions from Power Plants

The Supreme Court on Monday dealt a setback to the Environmental Protection Agency’s regulation limiting mercury and other toxic emissions from power plants – the “mercury rule.” In Michigan v. Environmental Protection Agency,…more

Chevron Deference, Chevron v NRDC, Clean Air Act, Climate Change, EPA

See All Updates »

Significant Revisions to the IRS Offshore Voluntary Disclosure Program

The existing OVDP has been in place since March 2009. The program allows a taxpayer to voluntarily come into compliance with US tax reporting obligations and pay a reduced civil penalty rather than facing either greater civil…more

Compliance, FBAR, IRS, OVDP, Reporting Requirements

See All Updates »

Contact

Court Plaza North 25 Main Street
Hackensack, New Jersey 07601, United States

  • 201-489-3000
  • 201-489-1536

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
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  • Construction Law
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  • Environmental Law
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  • Intellectual Property
  • Labor & Employment Law
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  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • Delaware
  • Maryland
  • New Jersey
  • New York
Number of Attorneys

100+ Attorneys

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