NJ Supreme Court Says Employees Can’t Agree to Shorten Statute of Limitations

Posted in Employment, Litigation

Several months ago, I blogged about the Rodriguez v. Raymours Furniture Co., 436 N.J. Super. 305 (Super. Ct. 2014)case. The case addressed an important issue – whether or not an employee’s could enter an agreement to shorten the statute of limitations period from 2 years to six months to assert an employment discrimination claim pursuant to New Jersey’s Law Against Discrimination (LAD). Yesterday, the New Jersey Supreme Court held that the statute of limitations period could not be reduced by agreement.

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Delay in Bringing Suit Is No Bar to Copyright Infringement Claims

Posted in Intellectual Property

How long does a copyright owner have to bring suit for copyright infringement? The answer is three years from the date of the last infringement, regardless of when the very first infringement occurred. Copyright law follows the “separate-accrual rule,” which provides for a new three-year statute of limitations each time an infringement occurs. While the three-year look back period allows copyright owners to maintain actions years or decades after the initial infringement occurs (assuming subsequent infringements), the copyright holder would only be entitled to damages for that three-year period, rather than the entire period of time the infringing activity had occurred.

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Stark & Stark Volunteers to Help Strike Out Hunger for the United Way

Posted in Stark Events, Stark News

Joseph H. Lemkin, Esq. and the Stark & Stark team are honored to participate in the United Way of Greater Mercy County’s Strike Out Hunger event taking place June 21, 2016 at the Grounds for Sculpture in Hamilton. Volunteers will weigh, pack, seal and box servings of oatmeal to help hungry children in Mercer County.

This year the Strike Out Hunger fundraising goal is $37,500 to create packaged servings of oatmeal for distribution to food banks supporting New Jersey’s at risk children. Every $1000 raised provides 4,000 meals. Donations to the Stark & Stark fund can be made online here. If you would like to volunteer for the event or set up your online fundraising page, please contact the United Way of Greater Mercer County for more information.

Foreclosing Association Liens

Posted in Community Associations

Many people do not realize that Condominium Associations can foreclose units in the same manner as a mortgagee, pursuant to N.JS.A. 46:8B-21.

The Complaint to Foreclose is filed in the County where the unit is located. A copy of the filed Complaint is then served upon the unit owner via personal service. The unit owner will have 35 days to file an Answer to the Association’s Complaint. In the event the Unit Owner fails to file an Answer, the Association can proceed with filing a Request to Enter Default.

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Senators Warren and Cotton Misled by Misleading Report on Broker Check

Posted in Business & Corporate, Securities Compliance & Arbitration

Two US Senators recently demanded that FINRA explain how it plans to minimize the high rate of brokers who are involved in criminal activity or have been the subject of customer complaints.

Clearly Senators Warren and Cotton are not familiar with how the FINRA U-4 and U-5 process works. In addition, they are probably not overly familiar with the history of federal securities laws. As a brief background, the federal securities laws have been built on and continue to operate on the theory that “sunlight is the greatest disinfectant.” The laws have been built and we continue to operate under a fair market where people are free to make their own informed decisions. Senators Warren and Cotton should look past this misleading data and understand some common realities.

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U.S. Senate Committee on Finance Hearing Discusses Combatting the Counterfeiting Industry

Posted in Stark News

On Wednesday, May 11, 2016, the United States Senate Committee on Finance held a hearing on the oversight of the U.S. Customs and Border Protection Agency. Amongst several other subjects, the hearing discussed the ongoing efforts to dismantle the extremely costly counterfeiting industry. Attorneys across the country have been working tirelessly to protect and defend companies against copyright infringement from perpetrators who are typically located on the other side of the globe. One such attorney is Stark & Stark Shareholder Craig S. Hilliard, who has spent the past several years defending businesses in the bridal and wedding industry against these same counterfeiters.

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Uniform Federal Protection for Trade Secrets Under the Newly Passed Defend Trade Secrets Act Of 2016

Posted in Intellectual Property

Trade secrets, amorphously defined as any confidential business information which gives an enterprise a competitive edge, have not had much federal protection as compared to other intellectual property vehicles such as copyrights, trademarks and patents. Traditionally, trade secret misappropriation cases have been litigated in state court using state law. Even though the majority of states have adopted the Uniform Trade Secrets Act (“UTSA”), there are still notable differences among the various version of the UTSA implemented by the individual states. This has resulted in inconsistent and sometimes contradictory decisions regarding what a state court considers a “trade secret,” what constitutes “misappropriation” of a trade secret, and what the proper recourse is for a proven misappropriation.

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Distribution of Personal Injury Proceeds to Heirs of a Decedent’s Estate

Posted in Probate Litigation

In general, if there is a personal injury action concerning the death of the Decedent it is typical that two types of claims are asserted in this action. The first claim is typically a wrongful death claim, and the second claim may be a survivorship claim. In general, the survivorship claim is distributed in accordance with the Decedent’s Last Will and Testament. Thus, the proceeds from the settlement or judgment are typically paid to the beneficiaries of the Decedent’s Estate in the percentage set forth under the Last Will and Testament. That is because the survivorship claim is deemed to be property of the Decedent’s Estate. The other claim which is brought, the wrongful death claim is not distributed in the same fashion to heirs of the Estate.

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Stark & Stark Sponsors the 2016 Central New Jersey Kidney Walk

Posted in Stark Events, Stark News

Stark & Stark is pleased to sponsor the 2016 Central New Jersey Kidney Walk.  This year the walk will take place on May 22, 2016 in Mercer County Park in West Windsor Township.  Check-in time for the event is 8:30 a.m.   Stark & Stark attorneys Joseph Lemkin and Rachel Stark will be participating in the walk with a client-supported team.

The Kidney Walk is held nationwide every year to raise awareness and funds to fight kidney disease.  Donations are used for community screenings, patient services and education on kidney conditions, diseases, and cures. Eighty percent (80%) of all funds raised are directed to these programs.  The fundraising goal this year is $120,000.  Signing up to join a team or as an individual walker is simple and free.   Volunteers are appreciated as well—for more information contact mary.sullivan@kidney.org or sign up online.