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Lowenstein Sandler LLP

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Latest Publications

Jeri Abrams

Employers Must Use Revised FCRA Notices

Employers that use the services of a consumer reporting agency (e.g., a third-party vendor) to conduct background checks on their prospective or current employees must now use an updated “Summary of Rights” form to notify…more

Background Checks, Credit Reporting Agencies, Credit Reports, FCRA, Notice Requirements

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Cole Beaubouef

Dodd-Frank Act Rulemaking: SEC and CFTC Issue Red Flags Rules to Address Identity Theft

On April 10, 2013, the Securities and Exchange Commission (the “SEC”) and the Commodity Futures Trading Commission (the “CFTC”, together with the SEC, the “Commissions”) jointly issued final rules to require certain regulated…more

CFTC, Creditors, Dodd-Frank, FCRA, Final Rules

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Lynda A. Bennett

Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

Any company faced with a coverage denial inevitably asks the question: Will the insurance company change its position if we sue them for bad faith? The short answer to the question is usually no. In general, insurance companies…more

Attorney's Fees, Bad Faith, Discovery, Insurers

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Richard Bernstein

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Justin Chan

FTC Releases “Best Practices” for Mobile Privacy

On February 1, the FTC issued Mobile Privacy Disclosures, Building Trust Through Transparency: A Federal Trade Commission Staff Report, which recommends best practices regarding mobile privacy for key stakeholders in the mobile…more

Advertising Networks, App Developers, App Platform Providers, Disclosure Requirements, Do Not Track

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Sean Collier

Environmental ‘Waiver Rule’ Upheld – May Offer Potential Regulatory Flexibility

On March 21, 2013, the Appellate Division of the New Jersey State Superior Court upheld a New Jersey Department of Environmental Protection (“NJDEP”) regulation that waives a party’s obligation to comply strictly with New Jersey…more

Chris Christie, Department of Environmental Protection, Waiver Rule

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Ryan Cooper

Policyholders Beware: Mandatory Arbitration, Choice of Law and Choice of Venue Provisions May Restrict Insurance Coverage Rights

What businesses do not know about their insurance policies can hurt them. Increasingly, insurers are requiring arbitration, restricting venues for hearing cases or specifying which laws can be applied, all designed to give…more

Arbitration, Arbitration Agreements, Choice-of-Law, Choice-of-Venue, Insurers

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Donald Corbett

Shareholder Derivative Litigation: Keeping an Eye on the Parallel Class Action

I. Introduction - Shareholder derivative actions rarely proceed in isolation. Typically, other related actions are pending simultaneously, including a parallel securities class action arising out of the same set of…more

Class Action, Derivative Suit, Discovery, Parallel Claims, Special Litigation Committee

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Shirley Dai

Not So Secret - When Under Seal Isn't Enough

In a recent decision, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under § 107 of the Bankruptcy Code was not met and declined to seal a settlement agreement, despite…more

Chapter 7, Confidentiality, Seal, Trustees

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George Danenhauer

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Marie DeFalco

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Joseph Fischetti

Employers Must Use Revised FCRA Notices

Employers that use the services of a consumer reporting agency (e.g., a third-party vendor) to conduct background checks on their prospective or current employees must now use an updated “Summary of Rights” form to notify…more

Background Checks, Credit Reporting Agencies, Credit Reports, FCRA, Notice Requirements

See All Updates »

Darren Goodman

American Taxpayer Relief Act Increases Access To In-Plan Roth Conversions

On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (the “2012 Act”). The 2012 Act expands the ability of participants in 401(k) and other eligible retirement plans to convert their pre-tax…more

401k, American Taxpayer Relief Act, Income Taxes, IRS, Retirement Plan

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MIchael Gooen

Estate Planning Update 2013: Back From The Brink

Who doesn’t love a good cliffhanger — especially one with a (relatively) happy ending? After considerable nail-biting and handwringing, on January 1 Congress passed the American Taxpayer Relief Act of 2012 (the “Act”), extending…more

American Taxpayer Relief Act, Business Taxes, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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David Goret

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Andrew E. Graw

Model Notices Issued To Meet Affordable Care Act Requirements – Notices Must Be Issued By October 1, 2013

On May 8, 2013, the U.S. Department of Labor (DOL) issued guidance and model forms to assist employers in fulfilling their obligations under the Affordable Care Act (ACA) to notify employees of the availability of health care…more

Affordable Care Act, COBRA, DOL, Healthcare, Notice Requirements

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Peter Greene

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Mary Hildebrand

FTC Releases “Best Practices” for Mobile Privacy

On February 1, the FTC issued Mobile Privacy Disclosures, Building Trust Through Transparency: A Federal Trade Commission Staff Report, which recommends best practices regarding mobile privacy for key stakeholders in the mobile…more

Advertising Networks, App Developers, App Platform Providers, Disclosure Requirements, Do Not Track

See All Updates »

Isaac Hirsch

The American Taxpayer Relief Act Of 2012: Key Business And Individual Income Tax Provisions

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 (the “Act”), which halts tax increases scheduled to go into effect for most Americans as part of the so-called fiscal cliff. The Act generally allows…more

Affordable Care Act, Alternative Minimum Tax, American Taxpayer Relief Act, Bush-Era Tax Cuts, Business Taxes

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Mark A. Holdsworth

IRS Permits Loans and Hardship Distributions for Hurricane Sandy Victims

On November 16, 2012, the IRS released Announcement 2012-44, which expands access to plan loans and hardship distributions for victims of Hurricane Sandy. This alert discusses who is eligible for relief and outlines procedures…more

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Richard J. Horne

Treasury Releases Final FATCA Regulations

On January 17, 2013, the U.S. Treasury Department released final regulations implementing sections 1471 through 1474 of the Internal Revenue Code (the “Code”), commonly known as the Foreign Account Tax Compliance Act or…more

CLOs, FATCA, FATCA Timeline, FDAP, FFI

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Elaine Hughes

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Christina M. Iafe

Treasury Releases Final FATCA Regulations

On January 17, 2013, the U.S. Treasury Department released final regulations implementing sections 1471 through 1474 of the Internal Revenue Code (the “Code”), commonly known as the Foreign Account Tax Compliance Act or…more

CLOs, FATCA, FATCA Timeline, FDAP, FFI

See All Updates »

Joseph Jean

Policyholders Beware: Insurers Relying on Anti-Concurrent Causation Clauses to Defeat Coverage in the Aftermath of Superstorm Sandy

To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for flood…more

Anti-Concurrent Causation Clauses, Flood Insurance, Hurricane Sandy, Loss Coverage

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Eric Jesse

Securing Insurance Coverage for Wage and Hour Violations Is Getting Complicated

Insurance companies increasingly are seeking to eliminate wage and hour coverage in employers’ policies. While some insurance companies may be willing to allow coverage to be added back, it can come at a steep price that you…more

Commercial General Liability Policies, Employment Practices Liability Coverage, FLSA, Insurers, Wage and Hour

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Adam Lavinthal

Environmental ‘Waiver Rule’ Upheld – May Offer Potential Regulatory Flexibility

On March 21, 2013, the Appellate Division of the New Jersey State Superior Court upheld a New Jersey Department of Environmental Protection (“NJDEP”) regulation that waives a party’s obligation to comply strictly with New Jersey…more

Chris Christie, Department of Environmental Protection, Waiver Rule

See All Updates »

Sharon Levine

Not So Secret - When Under Seal Isn't Enough

In a recent decision, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under § 107 of the Bankruptcy Code was not met and declined to seal a settlement agreement, despite…more

Chapter 7, Confidentiality, Seal, Trustees

See All Updates »

Allen Levithan

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Matthew Magidson

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Robert Minion

Year-End Developments And Compliance Checklists

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end…more

AIFMD, American Taxpayer Relief Act, Audits, Blue Sky Laws, CFTC

See All Updates »

Steven Morris

Policyholders Beware: Insurers Relying on Anti-Concurrent Causation Clauses to Defeat Coverage in the Aftermath of Superstorm Sandy

To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for flood…more

Anti-Concurrent Causation Clauses, Flood Insurance, Hurricane Sandy, Loss Coverage

See All Updates »

Scott H. Moss

Dodd-Frank Act Rulemaking: SEC and CFTC Issue Red Flags Rules to Address Identity Theft

On April 10, 2013, the Securities and Exchange Commission (the “SEC”) and the Commodity Futures Trading Commission (the “CFTC”, together with the SEC, the “Commissions”) jointly issued final rules to require certain regulated…more

CFTC, Creditors, Dodd-Frank, FCRA, Final Rules

See All Updates »

Christine Osvald-Mruz

IRS Permits Loans and Hardship Distributions for Hurricane Sandy Victims

On November 16, 2012, the IRS released Announcement 2012-44, which expands access to plan loans and hardship distributions for victims of Hurricane Sandy. This alert discusses who is eligible for relief and outlines procedures…more

See All Updates »

Richard Plumpton

IRS Permits Loans and Hardship Distributions for Hurricane Sandy Victims

On November 16, 2012, the IRS released Announcement 2012-44, which expands access to plan loans and hardship distributions for victims of Hurricane Sandy. This alert discusses who is eligible for relief and outlines procedures…more

See All Updates »

Cassandra Porter

Center Of Main Interest – The Second Circuit Weighs In

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) introduced the most comprehensive amendments to United States bankruptcy law in 25 years. Among the BAPCPA amendments was the creation of Chapter 15,…more

BAPCPA, Chapter 15, Feeder Funds, Foreign Jurisdictions, UNCITRAL

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Richard Ricci

Emergency Coastal Permitting Rules To Be Published, Opening 30-Day Public Comment Period

On May 6, 2013, the New Jersey Department of Environmental Protection (“DEP”) will publish emergency coastal permitting rules that were adopted and became effective April 16, 2013.1 These rules, which are now open for a 30-day…more

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Daniel Roque

Shareholder Derivative Litigation: Keeping an Eye on the Parallel Class Action

I. Introduction - Shareholder derivative actions rarely proceed in isolation. Typically, other related actions are pending simultaneously, including a parallel securities class action arising out of the same set of…more

Class Action, Derivative Suit, Discovery, Parallel Claims, Special Litigation Committee

See All Updates »

Michael Savetsky

Not So Secret - When Under Seal Isn't Enough

In a recent decision, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under § 107 of the Bankruptcy Code was not met and declined to seal a settlement agreement, despite…more

Chapter 7, Confidentiality, Seal, Trustees

See All Updates »

Andrew Segna

New Jersey Enacts Tax Credit For Angel Investors

On January 31, 2013, Governor Chris Christie signed into law the New Jersey Angel Investor Tax Credit Act (the “Act”), which is intended to incentivize investment in New Jersey technology businesses. The Act provides tax credits…more

Angel Investors, Emerging Technology Companies, Joint Venture, Partnerships, Tax Credits

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Brian Silikovitz

Treasury Releases Final FATCA Regulations

On January 17, 2013, the U.S. Treasury Department released final regulations implementing sections 1471 through 1474 of the Internal Revenue Code (the “Code”), commonly known as the Foreign Account Tax Compliance Act or…more

CLOs, FATCA, FATCA Timeline, FDAP, FFI

See All Updates »

Nicole Stefanelli

Innovative Solutions Must Be Applied to Fronting Insurance and Collateral Problems in Bankruptcy

Large businesses and organizations that self-insure their legally mandated insurance requirements often use “fronting” policies in which the policyholder must reimburse insurers for all losses and expenses paid on the…more

Collateral, Fronting Policies, Hostess, Insurers, Reimbursements

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Matthew Stockwell

Superstorm Sandy: Multiple Occurrences Could Help Maximize Coverage

Superstorm Sandy devastated the east coast last October, causing more than $70 billion in damage to New York, New Jersey and Connecticut. Thousands of businesses suffered extensive property damage to their buildings, contents…more

Hurricane Sandy, Insurers, Multiple Occurences, Natural Disasters

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S. Jason Teele

Center Of Main Interest – The Second Circuit Weighs In

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) introduced the most comprehensive amendments to United States bankruptcy law in 25 years. Among the BAPCPA amendments was the creation of Chapter 15,…more

BAPCPA, Chapter 15, Feeder Funds, Foreign Jurisdictions, UNCITRAL

See All Updates »

Julie Levinson Werner

Employment Law in the News: Paid Sick Leave in NYC, Social Media in NJ, Mandatory NLRB Posters

Mandatory Sick Leave Coming to New York City - Businesses with 20 or more employees will be required to provide paid sick time to their workers, if legislation before the New York City Council is passed. Although Mayor…more

Hiring & Firing, Job Applicants, Local Ordinance, Medical Leave, Municipalities

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Andrew S. Zimmerman

Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct

Ostensibly responding to Superstorm Sandy, the New Jersey legislature is considering a broad change to the law addressing bad faith and unfair conduct by insurers. If the bill becomes law, it will represent a significant and…more

Bad Faith, Hurricane Sandy, Insurers, Unfair Claims Settlement Practices Act

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