Cole Schotz


Latest Publications

Neoma M. Ayala

New York Votes to Protect Unpaid Interns from Discrimination

On March 26, 2014, the New York City Counsel voted unanimously to amend the New York City Human Rights Law (the “NYCHRL”) to allow unpaid interns to sue for harassment and discrimination. The bill was likely drafted in response…more

Discrimination, Employee Rights, Harassment, NYCHRL, Sexual Harassment

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Mary Browning

New Jersey Supreme Court Rules on Special Needs Trusts and Child Support Payments

In New Jersey, child support payments are considered an asset of the child, despite the fact that such payments are typically paid directly to the custodial parent…more

Child Support, Special Education, Trusts

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Victoria Cioppettini

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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Jamie Clare

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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Douglas Eilender

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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Jason Finkelstein

Second Circuit Weighs In On Tort Litigation During Pending EEOC Proceeding

Last week, the Second Circuit Court of Appeals ruled that a plaintiff’s filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (“EEOC”) does not toll the statute of limitations for…more

EEOC, Employer Liability Issues, Gender Discrimination, Statute of Limitations

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Jenny Flom

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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Gerard Giordano

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was…more

Contaminated Properties, Inherently Dangerous Activities, Storage Tanks

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Peter James Herrigel

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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Marcie Horowitz

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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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

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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

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Susan C. Karp

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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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

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Randi W. Kochman

Gender Equity Notice Must Be Posted By Covered New Jersey Employers By January 6, 2014

Federal and State Law prohibit discrimination in pay, compensation, benefits, or other terms, conditions or privileges of employment based on one’s sex. See Title VII of the Civil Rights Act, the Equal Pay Act of 1963 and the…more

Civil Rights Act, Compliance, Equal Pay, Equal Pay Act, Gender Equity

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Christopher Massaro

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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Leo Matarazzo

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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Nicole McDonough

“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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Michael N. Morea

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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Gary Phillips

Estate/Gift Tax and Residency Update – New York

There have been important new developments for New York taxpayers over the past two months, some of which may require your immediate attention…more

Estate Planning, Estate Tax, Gift Tax, Residency Status

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Leslie Prentice

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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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

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Carl Rizzo

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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Steven Saraisky

Estate/Gift Tax and Residency Update – New York

There have been important new developments for New York taxpayers over the past two months, some of which may require your immediate attention…more

Estate Planning, Estate Tax, Gift Tax, Residency Status

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Adam Sklar

New Jersey Appellate Division Again Upholds Local Government’s Rejection of Lowest Bid

In our June 3, 2013 blog post, we discussed a decision of the New Jersey Appellate Division upholding a municipality’s rejection of the lowest bid for a waste hauling contract because it was determined to be a material,…more

Bids, Municipalities, Non-Conforming Bids, Waste Disposal

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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

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David Steinberger

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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Geoffrey Weinstein

Mandatory Electronic Filing for FBARs Effective July 1, 2013.

June 30, 2013 is the filing due date for 2012 “FBARs,” also known as Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts. If there is a non-willful failure to file, the penalties are up to $10,000. If there is a…more

Deadlines, Electronic Filing, FBAR, FinCEN, Foreign Bank Accounts

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