Cole Schotz

Women Business Enterprise Certification Could Benefit Your Business

Each year state, local and federal agencies award billions of dollars in contracts to private businesses and of those contracts awarded, government agencies set aside a percentage of business opportunities or contacts for…more

Certification Requirements, Federal Contractors, Women-Owned Businesses, WOSB

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Moved to Florida, but still can’t let go of New York – Will your estate be subject to New York estate tax?

Many New Yorkers who want to move to Florida still desire to retain a home, an apartment, or some other type of property in the place where they grew up. What many of the newly minted Florida residents may not consider are the…more

Domicile, Estate Tax, LLC, Property Owners

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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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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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We Are Just Getting Started: EPA Issues Much Anticipated Cleanup Plan for the Lower 8.3 Miles of the Lower Passaic River

The United States Environmental Protection Agency (“EPA”) recently issued the Record of Decision (“ROD”) for the lower 8.3 miles of the Lower Passaic River, which sets forth EPA’s $1.38 billion remedy. Potentially Responsible…more

Administrative Remedies, Clean-Up Costs, Contamination, EPA, Potentially Responsible Party (PRP)

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Delaware Organizational Meeting – ESML Holdings and Essar Steel Minnesota LLC

Upcoming Committee Formation Meeting: Tuesday July 19, 2016, 10:00 AM - Case Name: ESML Holdings Inc. Case Number: 16-11626 (BLS)..…more

Chapter 11, Commercial Bankruptcy, 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

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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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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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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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The Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which has been widely hailed as the “most significant expansion” of federal intellectual property law since the passage of the…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Immunity

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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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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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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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Did My UK IP Rights Just “Brexit” The European Union?

One of the overlooked issues of Britain’s decision to leave the European Union is the implications of “Brexit” on the rights afforded to individuals and entities holding European Union trademark and design registrations (a/k/a…more

Community Trade Mark Regulation (CTM Regulation), EU, European Union Intellectual Property Office (EUIPO), Trademarks, UK

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One Bite at the Apple: Section 502(e)(1)(B) and the Disallowance of Redundant, Contingent Claims

Section 502(e)(1)(B) of the Bankruptcy Code allows debtors to seek disallowance of certain types of contingent claims to avoid being twice liable on a single obligation. It has the added benefits of facilitating debtors’…more

Bankruptcy Code, Creditors, Debtors, Reimbursements, Section 502

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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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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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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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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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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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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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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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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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Protect Your Employees’ Personal Information or You’re Putting Your Business at Risk

For the past few years, data breaches have made news headlines and raised awareness for data privacy and cybersecurity. Some of the most well publicized data breach stories have been the breaches of Sony, Target, Home Depot,…more

Cybersecurity, Data Breach, Data Collection, Data Privacy, Personally Identifiable Information

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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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Delaware Organizational Meeting – ESML Holdings and Essar Steel Minnesota LLC

Upcoming Committee Formation Meeting: Tuesday July 19, 2016, 10:00 AM - Case Name: ESML Holdings Inc. Case Number: 16-11626 (BLS)..…more

Chapter 11, Commercial Bankruptcy, Creditors

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Paradox of Mental Incapacity in State Estate Tax: How Moving Your Elderly Parent from Florida May Generate an Unexpected Estate Tax.

It is a difficult enough for families to come to grips with having to care for an elderly parent that may no longer be able to live on their own. After coming to terms with this unfortunate reality, the next steps often involve…more

Domicile, Estate Planning, Estate Tax, Inheritance Tax, Residence Status

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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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Who Gets the Little Red Corvette? We’ll Never Know. The Importance of Having a Will.

Prince was not the first famous person to die without a Will. Others who died intestate include: Abraham Lincoln, Ulysses S. Grant, Howard Hughes, Martin Luther King, Jr., Sonny Bono and Pablo Picasso. Dying intestate is…more

Estate Planning, Estate Tax, Executors, Prince, Wills

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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 »

Your Invaluable Mechanic’s Lien Rights – Exercise Them!

The right to file a mechanic’s lien is established by state statute, allowing those providing work, services, materials or equipment to a construction project with additional valuable security in the event of non-payment of…more

Construction Contracts, Construction Industry, Contractors, General Contractors, Mechanics Lien

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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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Supreme Court Broadly Interprets “Actual Fraud” Exception to Bankruptcy Discharge

On Monday, May 16, 2016, the Supreme Court issued its decision in the case of Husky Int’l Elecs., Inc. v. Ritz, — S. Ct. —, 2016 WL 2842452 (2016) resolving a split between the Fifth and Seventh Circuit Courts of Appeal…more

Chapter 7, Commercial Bankruptcy, Fraudulent Conveyance, Husky International Electronics v Ritz, SCOTUS

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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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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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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
See more
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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