Cole Schotz

IRS Eases Administrative Oversight of Able Accounts

As discussed in earlier blog posts, the Achieving a Better Life Experience (ABLE) Act was signed into law in December 2014. Under the ABLE Act, a so-called ABLE account can be established for a disabled individual. The mechanics…more

ABLE Act, Disabled, IRS, Proposed Regulation

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Elizabeth Becomes The 10th City in New Jersey to Require Paid Sick Leave

On November 3, 2015, voters in Elizabeth, New Jersey overwhelmingly approved a paid sick leave law that will require private employers to provide paid sick leave to employees. The law is anticipated to take effect on March 2,…more

Compliance, Employee Benefits, Posting Requirements, Sick Leave, Wage and Hour

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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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Committee Formation Meeting for Peregrine Midstream Partners LLC and Ryckman Creek ResourcesLLC, et al.

Upcoming Committee Formation Meeting: February 12, 2016, 10:00 a.m. Case Name: Peregrine Midstream Partners LLC and Ryckman Creek Resources, LLC, et al. Case Number: 16-10292 (KJC)…more

Commercial Bankruptcy, Meeting of Creditors

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IRS Eases Administrative Oversight of Able Accounts

As discussed in earlier blog posts, the Achieving a Better Life Experience (ABLE) Act was signed into law in December 2014. Under the ABLE Act, a so-called ABLE account can be established for a disabled individual. The mechanics…more

ABLE Act, Disabled, IRS, Proposed Regulation

See All Updates »

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and…more

FLSA, Joint Employers, Rest and Meal Break, Staffing Agencies, Temporary Employees

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Carbon Monoxide Detectors Now Required in Commercial Buildings in New York

An amendment to the Executive Law of New York State modifying the Uniform Fire Prevention and Building Code became effective on June 27, 2015, which now requires owners of existing commercial buildings to install carbon monoxide…more

Building Codes, Commercial Buildings, Fire Detection Equipment, Resorts & Restaurants

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Licensed to Fill: NJDEP Makes Virgin Material More Attractive for SRP Sites

The New Jersey Department of Environmental Protection (NJDEP) recently renamed and revised its clean fill guidance, which now makes it clear that fill material obtained from a licensed quarry or mine may be used for site…more

Department of Environmental Protection, Infill Development, Mining, Redevelopment, Site Remediation

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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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Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and…more

FLSA, Joint Employers, Rest and Meal Break, Staffing Agencies, Temporary Employees

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Adults with Special Needs May Soon Be Able to Streamline the Process to Establish First Party Special Needs Trusts on Their Own: A Review of the Special Needs Trust Fairness Act

In 1993, Congress enacted Section 1917(d)(4)(A) of the Social Security Act, authorizing the establishment of special needs trusts (also called first-party trusts and self-settled trusts). First-party special needs trusts enable…more

Asset Protection, Medicaid, Proposed Legislation, Social Security Act, Special Needs Adults

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Committee Formation Meeting for Peregrine Midstream Partners LLC and Ryckman Creek ResourcesLLC, et al.

Upcoming Committee Formation Meeting: February 12, 2016, 10:00 a.m. Case Name: Peregrine Midstream Partners LLC and Ryckman Creek Resources, LLC, et al. Case Number: 16-10292 (KJC)…more

Commercial Bankruptcy, Meeting of Creditors

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It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context

The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and trespass…more

Common Law Claims, Contaminated Properties, Environmental Remediation Costs, Nuisance, 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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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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5 Things to Know About the U.S. Department of Labor’s Proposed Changes to the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor (“DOL”) released proposed regulations that would modify certain provisions of the Fair Labor Standards Act (“FLSA”), including the so-called “white collar exemptions.” The…more

DOL, Employer Liability Issues, Exempt-Employees, FLSA, Minimum Salary

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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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JOIN THE CLUB: EPA Sizing Up Hackensack River for Superfund Listing

The Hackensack River may be joining the likes of the Passaic River, the Hudson River, Gowanus Canal, Newtown Creek, Fox River, the Eighteen Mile Creek, and other waterways that have been placed on the Superfund National…more

Contamination, EPA, Inland Waterways, Pollution Control, Superfund

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IRS Proposed Regs Redefine the Terms “Husband” and “Wife”

The Supreme Court has recently struck down state bans on same-sex marriage as unconstitutional in Obergefell v. Hodges, 576 US ___ (2015), after previously striking down the federal exclusion of same-sex couples from…more

Estate Tax, Income Taxes, IRS, Obergefell v. Hodges, Same-Sex Marriage

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United States Supreme Court Tees Up Sequel to “Hobby Lobby” Decision

As we previously reported, in June 2014, the U.S. Supreme Court confirmed in Burwell v. Hobby Lobby that closely-held corporations with religious owners could “opt out” from the Affordable Care Act’s (“ACA” or “Act”) requirement…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Department of Health and Human Services, Opt-Outs

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New Jersey Court Holds Financial Institutions are Not Required to Report Suspected Elder Fraud

In a case of first impression, the Superior Court of New Jersey held that financial institutions do not have an affirmative duty to report suspected fraud upon senior citizens or vulnerable individuals. See Lucca v. Wells Fargo…more

Durable Power of Attorney, Elder Abuse, Financial Abuse, Financial Institutions, First Impression

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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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Effective Immediately, The New York City Fair Chance Act Substantially Restricts Employers’ Use of Criminal Background Checks

The New York City Fair Chance Act (FCA) goes into effect today, October 27, and applies to any employers in New York City with four or more employees. The FCA amends the New York City Human Rights Law and significantly limits…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues

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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 »

Committee Formation Meeting for Peregrine Midstream Partners LLC and Ryckman Creek ResourcesLLC, et al.

Upcoming Committee Formation Meeting: February 12, 2016, 10:00 a.m. Case Name: Peregrine Midstream Partners LLC and Ryckman Creek Resources, LLC, et al. Case Number: 16-10292 (KJC)…more

Commercial Bankruptcy, Meeting of Creditors

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2015/2016 Estate and Gift Tax Update

Experts have started to calculate the inflation adjustments to key estate and gift exemption amounts for 2016. Note that these are not the official figures to be released by the IRS, but should be used as a guide. The IRS will…more

Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption, Inflation Adjustments

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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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Uncertainty Remains Surrounding the Nonprofit Hospital Tax Exemption

In a recent ground-breaking decision, the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown shattered the previous near incontestability of the tax exemption that has shielded…more

Bipartisan Agreement, Municipalities, Non-Profit Hospitals, State and Local Government, Tax Exemptions

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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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Family Limited Partnerships: Are Discounts Disappearing?

“Family limited partnerships” – that is, family investment entities usually structured as LLCs or limited partnerships – have been a popular estate planning technique for years. Generally speaking, a client can transfer…more

Corporate Taxes, Estate Planning, Family Businesses, Family Limited Partnerships, IRS

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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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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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New Delaware Chapter 11 Filing – Fresh & Easy, LLC

Fresh & Easy, LLC has filed a chapter 11 petition in the United States Bankruptcy Court for the District of Delaware (Case # Case No: 15-12220-CSS). The Petition and list of top 30 creditors and the docket are available through…more

Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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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 »

IRS Proposed Regs Redefine the Terms “Husband” and “Wife”

The Supreme Court has recently struck down state bans on same-sex marriage as unconstitutional in Obergefell v. Hodges, 576 US ___ (2015), after previously striking down the federal exclusion of same-sex couples from…more

Estate Tax, Income Taxes, IRS, Obergefell v. Hodges, Same-Sex Marriage

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 »

A New Arrow in the Quiver for Physicians Facing Dual Civil and Criminal Fraud Investigations

At a time when doctors face increased pressure from competition, reduced fee schedules, and greater scrutiny from insurance company Special Investigative Units (“SIUs”) and State Office of Insurance Fraud Prosecutors (“OIFPs”),…more

Admissible Evidence, Confrontation Clause, Criminal Investigations, Healthcare Fraud, Insurance Fraud

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New York Labor Law Wage Deduction Amendments Extended Through 2018

On the eve of November 6, 2015 expiration date, New York Governor Andrew Cuomo signed legislation earlier this week (Assembly Bill A07594/S05623) extending the effective date for the expanded list of permissible wage deductions…more

Governor Cuomo, Wage Deductions, Wages

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Bergen County’s United Way is Accepting Applications for its Very Special Homes© Community in Tenafly, New Jersey

We are pleased to share this memo from Bergen County’s United Way who is now accepting applications for its Very Special Homes© community in Tenafly…more

Affordable Housing, Disabilities, Special Needs Children

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Contact

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

  • 201-489-3000
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Areas of Practice
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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