Cole Schotz

You can generally use your Will to distribute assets as you see fit, but the possibility of a Will contest looms whenever you make an uneven or unexpected distribution. For example, you may wish to favor one child over another…more

For many Spring is the time to break out the golf clubs and enjoy a day in the sun, but for those in New Jersey holding a liquor license it is the dreaded liquor license (the “License”) renewal season. All Licenses must be…more

Clients occasionally come to us because their community would like to raise funds on behalf of their child with special needs. It is important that a proper special needs trust is set up before these gifts are made so that…more

The Equal Employment Opportunity Commission (“EEOC”) has provided useful guidance to employers in issuing its April 25, 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions…more

In the recent case of Knepper v. Rite Aid Corp., --- F.3d --- (3d Cir. 2012), the Third Circuit Court of Appeals joined the Second, Seventh, Ninth and D.C. Circuits in holding that Fair Labor Standards Act (“FLSA”) collective…more

The U.S. Supreme Court recently held that an overstatement of basis did not trigger the extended six-year statute of limitations assessment period under Internal Revenue Code Section 6501(e)(1)(A) (United States v. Home Concrete…more

For out-of-state corporations that do business in New Jersey through the use of “virtual offices,” the recent decision by the Appellate Division of the Superior Court of New Jersey in Telebright Corporation, Inc. v. Director,…more

The New Jersey Appellate Division sides with Essex Chemical Corporation, a subsidiary of DOW Chemical, in a suit filed by the NJDEP in its effort to obtain both restoration and compensatory natural resource damages (“NRDs”)…more

An agent acting under a power of attorney can revoke an existing trust created by the principal and transfer assets to a new trust, a New Jersey Chancery Court has held. Mildred Quick Muller created a revocable trust that…more

In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1 et…more

As we have previously advised our clients, there is a $5 million gifting exemption per person that is available under the current law through December 31, 2012. It is unclear at this point as to whether this benefit will…more

Thanks to a recent appellate court decision, refinancing mortgage lenders in New Jersey who seek to subrogate to an original mortgagee’s position, but are negligent in discovering intervening judgment liens, can rest easier and…more

The New Jersey Appellate Division recently ruled in Vollers Excavating and Construction, Inc. v. Citizens Bank of Pennsylvania, Docket No. A-3844-10T1 (March 5, 2012), that a construction lender has no obligation to pay an…more

In a case of first impression, the United States Court of Appeals for the Third Circuit has confirmed that supervisors of both private and public sector employers can be held individually liable under the Family and Medical…more

An inheritance left to a person with special needs must be distributed to a special needs trust to avoid jeopardizing such person’s government benefits. A special needs trust can be created during lifetime or through a person’s…more