Cole Schotz

NY Legislature Approves 10 a.m. Start Time for Serving Alcohol

After a Saturday night of taking in the Big Apple, you meet your friends for 10:00 a.m. brunch on the Upper West Side. You decide that you’d like to chase your blueberry pancakes with a refreshing mimosa, but the server stops…more

Alcohol Beverage Control, Restaurant Industry, Wine & Alcohol

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New York Adopts Final Rule Regulating the Methods for Paying Employee Wages

On September 7, 2016, the New York Department of Labor adopted a final regulation which details the four permissible methods for paying employee wages, and outlines the strict notice and consent requirements for paying wages by…more

Deposit Accounts, DOL, Payroll Cards, 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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Getting the Most Bang for Your 503(b)(9) Bucks

Many creditors who have supplied goods to a debtor before a bankruptcy case begins think their only prospects for recovery will be pennies on the dollar. While often times, pre-petition claims are relegated to receive small, if…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Debtors, Section 503(b)(9)

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New Delaware Chapter 11 Filing- Limitless Mobile, LLC

Limitless Mobile, LLC, successor to Keystone Wireless, LLC, has filed a petition for relief under chapter 11 in the United States Bankruptcy Court for the District of Delaware (Case No. 16-12685). According to the First Day…more

Chapter 11, Commercial Bankruptcy, Debtors

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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

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Why and How Your Business Should Protect Sensitive Customer Data

With the battle over data privacy between Apple and the Department of Justice at the forefront of the news cycle, business owners across the country are likely asking themselves: what responsibilities do I have in protecting…more

Cybersecurity, Data Protection, Data Security, FTC

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Think You Have Insurance Against Claims for Disclosure of Confidential Information? You May Want to Check Again

Are you relying on your insurance policy to cover unauthorized or unintended electronic disclosure of confidential information? If so, you may want to take a closer look at your policy with an eye towards objections to coverage…more

Confidential Information, Cybersecurity, Data Protection, Electronic Medical Records, Insurance Industry

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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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Spoliator Alert! Discarding Your Pipes, Sumps and Slabs Can Cost You

The New Jersey Appellate Court recently upheld a spoliation claim against a plaintiff company that sued prior owners for violations of New Jersey’s Spill Compensation and Control Act and common law claims of nuisance and…more

Contaminated Properties, Contamination, Environmental Litigation, Spoliation

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Top U.S. Women Soccer Players Join the Fight for Equal Pay

On Wednesday, March 30, five players for the U.S. women’s soccer team officially joined the national fight for equal pay by submitting a wage discrimination complaint to the Equal Employment Opportunity Commission (“EEOC”)…more

EEOC, Equal Pay, Gender-Based Pay Discrimination, 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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Court “Un-Laches” Backdoor Defense to Spill Act?

After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense. The Bergen County Superior Court issued a…more

Contamination, Department of Environmental Protection, Groundwater, NJ Supreme Court, Spill Act

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Delaware Preference Update: New Value, Pre Judgement Interest and Early Payment Ordinary Course Defenses

In a recent opinion dated March 29, 2016, the Delaware Bankruptcy Court on remand from, and following the direction of, the Delaware District Court, ruled that only prepetition unpaid invoices may be counted for purposes of the…more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Prejudgment Interest

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The EEOC Announces Final Rules Governing Employer Wellness Programs

The United States Equal Employment Opportunity Commission (“EEOC”) issued final rules yesterday establishing how employer-sponsored wellness programs can comply with the Americans with Disabilities Act (“ADA”) and the Genetic…more

ADA, EEOC, GINA, HIPAA, Wellness Programs

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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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Smack Talk: Whole Foods’ Quest to be “World’s Healthiest”

Whole Foods recently garnered attention when its trademark application for World’s Healthiest Grocery Store was rejected by the U.S. Patent and Trademark Office. The trademark examiner focused on the “World’s Healthiest” part…more

FTC, NAD, Popular, Trademark Registration, Trademarks

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U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code’s Priority Scheme

On June 28, 2016, the U.S. Supreme Court agreed to hear a challenge to a Third Circuit-affirmed settlement and dismissal of the chapter 11 cases of Jevic Transportation, Inc. (“Jevic”) and certain of its affiliates. See…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Settlement

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New Delaware Chapter 11 Filing – Essar Steel Minnesota LLC and ESML Holdings Inc.

Essar Steel Minnesota LLC and its parent, ESML Holdings Inc., which operate an open-pit mine and greenfield pellet plant in Minnesota, have commenced cases (Case Nos. 16-11627 and 16-11626, respectively) under Chapter 11 of the…more

Chapter 11, Commercial Bankruptcy

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“Better Late Than Never” Doesn’t Work for Claims Made Policies

The New Jersey Supreme Court recently held that an insurance company was not required to show it was prejudiced by an insured’s late notice in order to deny coverage under a claims made policy. In Templo Fuente de Vida Corp. v…more

Claims Limitations Period, Claims Made Policy, Insurance Industry, Late Notices, NJ Supreme Court

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Branding Revisited: Takeaways From the 2016 Managing the Trademark Asset Lifecycle Conference

Last week I was fortunate to attend the Managing the Trademark Asset Lifecycle Conference, hosted by World Trademark Review. The topics discussed throughout the day touched on everything from assessing portfolio strength and…more

Brand, Domain Names, Registration, Trademarks

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You Can Go Your Own Way… Unless the Supreme Court Reverses Jevic

On November 28, 2016, the Supreme Court is scheduled to hear oral arguments in the appeal of Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), 787 F.3d 173 (3d Cir. 2015),…more

Absolute Priority Rule, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Czyzewski v Jevic Holding Corp

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SEC Adopts Rules to Provide More Options for Companies to Raise Capital

The SEC has adopted final rules to address intrastate and small offerings, further expanding and modernizing the manner in which start-ups and other small businesses are able to raise capital. The final rules amend Rule 147…more

Rule 147, Rule 505, SEC, Securities Act of 1933

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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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As Your Young Adults Leave for College, Add a Power of Attorney and Health Care Directive to the Packing List

The fall is upon us: is your new or soon-to-be adult (child) going off to college? Besides taking with him or her the extra long sheets and his or her new credit card, should he be leaving you with something too: namely, the…more

Advance Directives, HIPAA, Power of Attorney

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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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Government Contractors Not Protected by New Jersey Tort Claims Act’s Pre-Suit Notice Provisions

On April 14, 2016, the New Jersey Appellate Division, in a precedential decision, determined that injured parties are not obligated to serve pre-suit tort claims notices under the New Jersey Tort Claims Act (“TCA”) on private…more

Construction Industry, Derivatives, Immunity, Pre-Suit Notice, Tort Claims Act

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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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They’re Here! Long–Awaited Rules on White Collar Overtime Exemptions Released by US Department of Labor

On May 18, 2016, the United States Department of Labor (“USDOL”) released its long- anticipated changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemption rules (the “Final Rule”). The Final Rule marks the first…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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Whole Lotta Love for Zeppelin in Jury Verdict On Stairway Copyright Trial

After less than a day of deliberation, a California jury has found the members of the legendary group Led Zeppelin (and their record label) did not copy the famous opening riff of Stairway to Heaven from an earlier song by the…more

Copyright, Copyright Infringement, Led Zeppelin, Music

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SEC Adopts Changes Impacting Private Fund Advisers

The SEC’s recently-adopted changes to Form ADV and Rule 204-2 of the Investment Advisers Act of 1940, as amended (the so-called “books and records rule”), raise important considerations for many private fund advisers –…more

Form ADV, Investment Adviser, Investment Advisers Act of 1940, Recordkeeping Requirements, SEC

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Wash Those Sediments Right Outta Your RAO! NJDEP Releases New RAO Notice

Last week, the New Jersey Department of Environmental Protection (NJDEP) announced a new Response Action Outcome (RAO) Notice, which allows Licensed Site Remediation Professionals (LSRPs) to issue an RAO for a site with…more

Contaminated Properties, Department of Environmental Protection, LSRP, Remediation

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What Do Edison, Overalls and Opportunity Have in Common?

Thomas Edison famously said that “opportunity is missed by most people because it is dressed in overalls and looks like work.” Consistent with Edison’s musings, companies in an acquisition mode often overlook opportunities that…more

Acquisitions, Chapter 11, Commercial Bankruptcy

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Morristown Employers Must Soon Offer Paid Sick Time to Employees

Earlier this month, Morristown joined the growing number of New Jersey cities that require employers to provide paid sick time to their employees. Effective October 4, 2016, the new ordinance (“Ordinance”) requires that certain…more

Collective Bargaining Agreements (CBA), Local Ordinance, Paid Leave, Sick Leave, Wage and Hour

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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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Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court

Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s…more

Disparagement, First Amendment, Redskins, Trademark Registration, USPTO

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Not So Fast! District Court Blocks Implementation of the DOL’s New Overtime Rule

As we previously posted on this blog, on May 18, 2016, the United States Department of Labor (“DOL”), issued a final rule (the “Final Rule”) revising the overtime exemption rules of the Fair Labor Standards Act (“FLSA”). The…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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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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New Delaware Chapter 11 Filing- Limitless Mobile, LLC

Limitless Mobile, LLC, successor to Keystone Wireless, LLC, has filed a petition for relief under chapter 11 in the United States Bankruptcy Court for the District of Delaware (Case No. 16-12685). According to the First Day…more

Chapter 11, Commercial Bankruptcy, Debtors

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The Repeal of the New Jersey Estate Tax: Is it Now Safe to Move Back to New Jersey?

On October 14, 2016, Governor Christie signed into law a transportation funding bill that also included the repeal of the New Jersey Estate Tax. Here is what you need to know: - The New Jersey Estate Tax repeal will be…more

Beneficiaries, Estate Tax, Income Taxes, Repeal, Tax Exemptions

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SEC Adopts Rules on Thresholds for Exchange Act Reporting

Last week, the Securities and Exchange Commission approved amendments to, among other things, revise the rules related to the thresholds for registration, termination of registration, and suspension of reporting under Section…more

Accredited Investors, Final Rules, Fixing America’s Surface Transportation Act (FAST Act), JOBS Act, SEC

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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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The Repeal of the New Jersey Estate Tax: Is it Now Safe to Move Back to New Jersey?

On October 14, 2016, Governor Christie signed into law a transportation funding bill that also included the repeal of the New Jersey Estate Tax. Here is what you need to know: - The New Jersey Estate Tax repeal will be…more

Beneficiaries, Estate Tax, Income Taxes, Repeal, 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

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Don’t Sleep on Your NJ Construction Lien Enforcement Deadline

So you’ve managed to successfully file a construction lien claim in New Jersey. Well, don’t then kick back and relax for too long, because if you fail to take action to enforce that lien claim within the limited time required…more

Construction Industry, Construction Liens, Contractors, Deadlines, Subcontractors

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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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SDNY Bankruptcy Court Publishes Proposed Amendments to Local Rules

Last month, the United States Bankruptcy Court for the Southern District of New York published proposed amendments to its local rules effective December 1, 2016 (the “Proposed Amendments”). Links to the Bankruptcy Court’s…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 15, Proposed Amendments

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SEC Adopts Rules to Provide More Options for Companies to Raise Capital

The SEC has adopted final rules to address intrastate and small offerings, further expanding and modernizing the manner in which start-ups and other small businesses are able to raise capital. The final rules amend Rule 147…more

Rule 147, Rule 505, SEC, Securities Act of 1933

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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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A State Nexus Study: Avoiding Imminent Audits by Revenue-Thirsty States

We are seeing a heavy uptick in audit activity for closely held businesses, particularly in the area of sales and use tax audits to generate much needed revenue to fund services, entitlement programs and to meet budget…more

Audits, Income Taxes, Nexus, Sales & Use Tax, State Taxes

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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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Second Circuit Reverses Dismissal Of Retaliation Claim Citing Cat’s Paw Liability

The Second Circuit recently invoked a 17th century fable in reviving an employee’s retaliation claim against her employer even where the employer had no retaliatory intent. In Vasquez v. Empress Ambulance Service, SDNY,…more

Cat's Paw, Employer Liability Issues, Hiring & Firing, Retaliation, Sexual Harassment

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As Your Young Adults Leave for College, Add a Power of Attorney and Health Care Directive to the Packing List

The fall is upon us: is your new or soon-to-be adult (child) going off to college? Besides taking with him or her the extra long sheets and his or her new credit card, should he be leaving you with something too: namely, the…more

Advance Directives, HIPAA, Power of Attorney

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Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court

Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s…more

Disparagement, First Amendment, Redskins, Trademark Registration, USPTO

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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
  • Art, Entertainment, & Sports Law
  • 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
  • Texas
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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