Cole Schotz

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

  • 201-489-3000
  • 201-489-1536

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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CERCLA Contribution and Trust Funds: A Matter for State Law

The Second Circuit Court of Appeals in New York recently held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, does not require contribution from beneficiaries…more

Appeals, Beneficiaries, CERCLA, Environmental Liability, Liability

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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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Third Circuit Embraces Successor Liability for Wage-and-Hour Violations of the Fair Labor Standards Act

In a recently decided case, Thompson v. Real Estate Mortgage Network, Case No. 12-3828 (3d Cir. Apr. 3, 2014), the Third Circuit Court of Appeals determined for the first time that a successor-employer may be held financially…more

Employer Liability Issues, FLSA, Successor Liability, Wage and Hour

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New York City Pregnancy Discrimination Law Update

On October 2, 2013, Mayor Michael Bloomberg signed into law a bill amending the New York City Human Rights Law (“NYCHRL”) to require most New York City employers to reasonably accommodate pregnant workers. The law applies to…more

NYCHRL, Pregnancy, Pregnancy Discrimination

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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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New Jersey’s “Ban the Box” Legislation Signed Into Law

Last week, New Jersey Governor Chris Christie signed the Opportunity to Compete Act (Bill S2124) into law, thereby barring New Jersey employers from inquiring about job applicants’ criminal histories during the preliminary job…more

Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues, 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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The Absolute Pollution Exclusion May Not Be That “Absolute”

The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution. Insurance companies have taken the position that…more

Commercial General Liability Policies, Environmental Liability, Environmental Policies, Pollution Exclusion, Property Insurance

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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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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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EEOC Issues Guidelines on Pregnancy Discrimination in the Workplace

For the first time in 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) has issued comprehensive guidelines for employers dealing with pregnant employees in the workplace (the “Guidance”). …more

ADA, Disability, EEOC, Employee Rights, Pregnancy

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Estate Planning and Former Spouses: Updating your Will, Life Insurance and Other Beneficiary Designations following a Divorce

Following a divorce, you should carefully review your estate plan to ensure that your former spouse will not receive any unintended distributions from your estate. Unless otherwise required by the terms of the divorce, you…more

Divorce, Estate Planning

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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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“Pregnancy” Becomes a Protected Class Under New Jersey’s Law Against Discrimination

Last week, Governor Christie of New Jersey signed the “Pregnancy Bill,” which amends New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-12 (“NJLAD”), to provide that it shall be “an unlawful employment practice” or “an…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Protected Class

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New York City Amends Earned Sick Time Act

As we previously reported, last summer the New York City Council passed the Earned Sick Time Act (the “Act”), requiring businesses with at least 20 employees to provide employees with five paid sick days (i.e. 40 hours) per year…more

Employee Rights, Paid Leave, Sick Leave

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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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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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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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Economically Depressed Contaminated Properties Are Prime Candidates for Significant Real Property Tax Relief

While New Jersey is known as the Garden State, it is also regrettably fertile ground for contaminated properties as a result of its long history of industrial development. With over 20,000 contaminated sites, New Jersey is…more

Brownfield Properties, Contaminated Properties, Economic Downturn, Property Tax, Superfund

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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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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 »

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Delaware
  • Maryland
  • New Jersey
  • New York
Number of Attorneys

100+ Attorneys

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