Marshall T. Kizner, Esq. Wins $816K Verdict for Commercial Landlord

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After three and a half years of litigation and a two day trial, attorney Marshall T. Kizner, member of the Commercial, Retail and Industrial Real Estate Group, obtained an $816,627 verdict on behalf of a commercial landlord who brought suit against a personal guarantor.

Mr. Kizner represented Florham Villiage, LLC (Landlord), who brought suit against Michael Moylen, a former owner of Planet Gym, LLC (Tenant). Tenant signed a lease and both Moylen and his business partner, Paul Danna, signed personal guarantees whereby they agreed to be responsible for the corporate obligations of Planet Gym, LLC, including the obligation to pay rent and other fees due under the lease. The initial lease was for a period of 10 years – 1999 to 2009. The lease was then extended from 2009 to 2014 pursuant to a written amendment; however Tenant was evicted in February 2011 for failure to pay rent.

The wrinkle in this case was that Michael Moylen sold his ownership interest to Paul Danna in 2007 – two years before the original lease was extended in 2009. Moylen did not sign the amendment to the lease because he was no longer affiliated with Planet Gym, LLC. However, the guarantee he signed back in 1999 specified that it applied to any amendments modifications, renewals or extensions to the lease.

Accordingly, the judge ruled that it did not matter that Moylen did not sign the lease amendment because Tenant properly executed the amendment and Moylen’s obligations did not terminate due to the fact that he left the business. Mr. Kizner said, “An important thing to take away from this case is that the Court will refrain from writing a better or different contract than the parties agreed to.”

Four Shareholders Listed as "Top Attorneys" by SJ Magazine

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Stark & Stark is pleased to announce that Shareholders Timothy Duggan, Thomas Giachetti, John Laskey and Rachel Stark have been selected for inclusion in SJ Magazine’s 2014 list of Top Attorneys. 

“SJ Magazine asked local lawyers to vote for the peers they think are worthy of recognition. This annual list of Top Attorneys highlights those who were chosen as the best in their fields.”

For more information about our attorneys, please visit us at our main Stark & Stark website. To see the full list of Top Attorneys, please click here.

Are Employee Benefits Making a Comeback?

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Benjamin Widener, Shareholder and Chair of Stark & Stark’s Employment Group, was featured in the article “Are Employee Benefits Making a Comeback?,” which was published in the August edition of New Jersey Business Magazine.

Ben was interviewed by the author to discuss the current status and trends of employee benefits in the workforce. Many employers nationwide were forced to make cuts to employee benefits due to the recession, but even five years after the official end of the recession many employers have not needed to bump benefits back up. This is likely due in large part to the number of unemployed people, who would just be happy to receive a salary. Ben was quoted saying, “While some [employers] are bolstering benefits to maintain competitiveness, most don’t need to. How selective can people be when the bottom line is that [they] just need to be paid?”

Ben also addresses the growing trend toward employers providing flexible accounts, such as HRAs and HSAs, and “family-friendly” benefits, such as financial planning assistance, wellness programs and day care arrangements.

You can find the full article on page 26 in the August edition of New Jersey Business Magazine.

Stark & Stark Featured as a Firm Entrenched in Princeton Seeing Practice Areas Grow

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Stark & Stark was featured in the New Jersey Law Journal article, “Firms Entrenched in Princeton Seeing Practice Areas Grow,” which was published on July 28, 2014. The article discusses how Princeton, New Jersey is still an excellent place for established firms, like Stark & Stark, to maintain an office, with business on the rise post-recession.

Lewis Pepperman, Managing Partner of Stark & Stark’s business side, was quoted saying, “It’s definitely turned back to a growth market....With the economy staying strong, I think a lot of business [practice] areas are going to get better and better.”

For over 80 years Stark & Stark, New Jersey’s largest “homegrown” firm in Princeton, has developed innovative solutions to meet each client’s needs. Offering nearly 110 attorneys, 32 practice areas, and a philosophy of putting the law to work for our clients is the basis from which we build and maintain our relationships.

Read the full article by clicking here.

Shareholder Thomas S. Onder to Co-Chair Panel Discussion at ICSC Next Generation Conference

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Shareholder Thomas S. Onder, member of Stark & Stark's Commercial, Retail and Industrial Real Estate Group, will co-chair a panel discussion on the legal challenges and negotiation strategies within retail leasing at the ICSC Next Generation National Conference. The event will be held July 27-29, 2014 at the Westin Philadelphia.

The panel discussion is titled "Jumping Legal Hurdles – Avoiding Pitfalls and the Most Effective Ways to Negotiate and Get Your Deal Done”, which will be held from 2:30 to 3:45 pm on July 28.

This seminar will focus on how to overcome the biggest legal hurdles in getting leases signed.  Topics will include:

  • Build-out responsibilities, allowances, co-tenancy, guarantees, restrictive areas, options, and assignments; 
  • Legal issues that can arise from carelessly drafted lease; how to negotiate those items during the LOI stage and/or at lease; and
  • Strategies for effective negotiating and ways to maximize rights in the leases.

For more information or to register for the conference, please click here.

Ben Widener, Esq. Selected as New Leader of the Bar

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Stark & Stark would like to congratulate Benjamin Widener, Chair of the firm’s Employment group, for being selected as one of the New Jersey Law Journal’s “2014 New Leaders of the Bar,” a list of the top 50 lawyers who “represent a new wave of leadership in the New Jersey legal profession.”

To see the full list of attorneys, please click here.

 

Stark & Stark Names Four New Shareholders

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Stark & Stark is pleased to announce that attorneys Stephen A. Galletto, Drew J. Podolski, Michael A. Brusca and Deborah S. Dunn have been named as Shareholders of the firm.

Stephen A. Galletto is a member of Stark & Stark’s Securities Group, where he concentrates his practice on counseling financial service entities including investment advisers, broker-dealers, public and private investment companies (e.g., mutual funds, hedge funds, etc.), insurance brokers/agents, CPA firms and their employees, on regulatory, compliance, liability and litigation issues.

Andrew J. Podolski is a member of Stark & Stark’s Construction Litigation Group, where he concentrates his practice in litigating complex construction disputes on behalf of homeowner and condominium associations, commercial property owners, individual homeowners and builders/developers.

Michael A. Brusca is a member with Stark & Stark’s Nursing Home Litigation Group. Mr. Brusca dedicates his entire practice to representing vulnerable individuals and their families in wrongful death, catastrophic injury, negligence and abuse claims arising in nursing homes, assisted living facilities, psychiatric facilities, hospitals, boarding and group homes.

Deborah S. Dunn is a member of Stark & Stark's Personal Injury Group in the firm's Marlton, New Jersey office. Ms. Dunn concentrates her practice in the areas of Motorcycle and Auto Accidents, Slip and Falls and Municipal Court.

Gary Forshner Named Chair of Land Use Section of the New Jersey State Bar Association

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Stark & Stark is proud to announce that Shareholder Gary S. Forshner, member of the firm’s Real Estate, Zoning & Land Use Group, has been named chair of the Land Use Section of the New Jersey State Bar Association (NJSBA).

The appointment was confirmed yesterday evening at the NJSBA Land Use Section’s Annual Dinner, held at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Forshner had been a director of the Land Use Section for nine years and served as an officer for three years.

“I am proud to lead such an important section of an organization that supports more than 18,000 members,” says Mr. Forshner. “Land use is of vital interest and importance in New Jersey—and there are many opportunities to serve and educate our members, the public, and government entities regarding the evolving legal issues in this area.”

Join Stark & Stark at the 2014 International Franchise Expo

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Stark & Stark Shareholders Adam J. Siegelheim, Jeffery S. Posta, and Eric S. Goldberg, members of the firm’s Franchise Group, will be located at booth 457-B during the 2014  International Franchise Expo (IFE) from June 19-21, 2014, at the Javits Center in New York City.

For more information on the event, or to register to attend, please click here.

Free Seminar to Ensure a Successful Estate Plan: "Prepare for Tomorrow by Acting Today"

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Stark & Stark Shareholder Robert F. Morris, member of the firm’s Trusts & Estates Group, will be hosting the seminar “Prepare for Tomorrow By Acting Today: Tips for Ensuring a Successful Estate Plan.” This free seminar will be held on Tuesday, June 10, 2014 at Stark & Stark, 993 Lenox Drive, Lawrenceville, New Jersey 08648. Attendees can choose between two convenient sessions. The first session will be held from 2:00 - 3:00 PM and the second session will be held from 7:00 - 8:00 PM.

 
The seminar will outline how individuals can make sure their estate plan is adequate to protect their family’s financial security. Mr. Morris will discuss topics including estate planning strategies, gift and death taxes, credit shelters, estate planning under a will or revocable trust, as well as inter vivos trusts.
 

Limited space is available for each session and pre-registration is mandatory. Attendees can RSVP to Stacy Falotico by calling 609.895.7307 or emailing sfalotico@stark-stark.com.

Older Entries

May 28, 2014 — Can the Power of Eminent Domain be Used to Address the Urban Foreclosure Crisis?

May 14, 2014 — Join Stark & Stark at the NRA Show 2014

May 9, 2014 — Stark & Stark's 2014 Women's Seminar Series

May 5, 2014 — Join Stark & Stark at the NJ Cooperator's Condo, HOA, Co-op & APT Expo

May 2, 2014 — Tom Giachetti Recognized As Top Professional of the Investment Advisor Community

May 1, 2014 — Utility Companies Look to Sell Land Due to Recovering Housing and Commercial Real Estate Markets

April 23, 2014 — Stark & Stark at the 2014 New Jersey Association for Justice Boardwalk Seminar

April 23, 2014 — Free Estate Planning Seminar: Prepare for Tomorrow by Acting Today

April 22, 2014 — Protecting Your Brewery with U.S. Trademark Law

April 18, 2014 — $100 Million Settlement of Lawsuits Against Merck & Co. Over NuvaRing

April 8, 2014 — Stark & Stark Shareholders Recognized as "Legal Eagles" by Franchise Times

March 25, 2014 — 35 Stark & Stark Attorneys Recognized by Super Lawyers

March 21, 2014 — Stark & Stark Sponsored a Continuing Education Seminar for Public Adjusters

March 20, 2014 — Stark & Stark at the 2014 Atlantic Builders Convention in Atlantic City

March 18, 2014 — Shareholder Honored by the Millhill Foundation

March 12, 2014 — Stark & Stark Attorney Recognized as the MIDJersey Chamber of Commerce's Volunteer of the Month

March 10, 2014 — Don't Miss Timothy Duggan on Tonight's Episode of The American Law Journal

March 3, 2014 — Counterfeit Dresses and Knock-Off Goods: A Growing Problem for U.S. Retailers

February 12, 2014 — Stark & Stark Shareholder to Speak at 2014 Land Use Update CLE Seminar

February 10, 2014 — Stark & Stark Mass Tort Attorneys Published in New Jersey Law Journal

February 10, 2014 — Stark & Stark Attorney Marshall Kizner Featured in New Jersey Law Journal Article

February 4, 2014 — Join Stark & Stark at the Franchise Expo South

February 3, 2014 — Stark & Stark Launches Beer and Spirits Practice Group

January 30, 2014 — Stark & Stark to Host ICSC PA/NJ/DE Government Relations Legislative Breakfast

January 30, 2014 — Stark & Stark Shareholder Timothy P. Duggan Published in Star Ledger Op-Ed

January 8, 2014 — Stark & Stark Shareholder Published by LEAN

January 6, 2014 — Stark & Stark Shareholders will Speak at Upcoming CLE International Conference

December 10, 2013 — Stark & Stark Hosted After Party Event in NYC

November 22, 2013 — Stark & Stark Shareholder Receives NJBA Builders' Choice Award

November 18, 2013 — Stark & Stark Shareholder Jerry A. Nelson Authors Article in CIRE

November 11, 2013 — Critical Components for Disaster Planning

November 7, 2013 — WEBINAR - Disaster Planning for Commercial and Industrial Properties

November 5, 2013 — Stark & Stark Shareholders to Speak at Upcoming Extreme CLE Event

October 29, 2013 — Stark & Stark Shareholder Thomas S. Onder Authors Article on GlobeSt.com

October 24, 2013 — Stark & Stark Attorney Dolores R. Kelly Authors Article in U.S.1

October 23, 2013 — Stark & Stark Shareholder John S. Eory to Host Seminar on "The Changing Face of Alimony"

October 22, 2013 — Stark & Stark Shareholder Jerry A. Nelson to Speak at National Business Institute Seminar

October 21, 2013 — Stark & Stark Shareholder Jerry A. Nelson Featured in The Record Article

October 17, 2013 — Stark & Stark Attorney Gene Markin Authors Article in New Jersey Law Journal

October 16, 2013 — Stark & Stark Shareholder Gary S. Forshner to Speak in Upcoming Seminars

October 11, 2013 — Shareholder Thomas S. Onder to Moderate ICSC Next Generation Developer Showcase

October 1, 2013 — Jerry A. Nelson to Speak at International Council of Shopping Centers Law Conference

September 30, 2013 — Judge Reinstates Two Dozen Wrongful Death Claims Against Bristol-Myers Squibb

September 19, 2013 — Stark & Stark Shareholder to Present "Nuts & Bolts of Small Businesses" NJICLE Seminar

September 9, 2013 — Stark & Stark Shareholder Jerry A. Nelson Authored Article in Shopping Center Business

September 5, 2013 — Stark & Stark Shareholder John S. Eory Authored Article in U.S. 1

September 3, 2013 — Stark & Stark Shareholder to Host Seminar on "Tips for Ensuring a Successful Estate Plan"

August 29, 2013 — Stark & Stark Attorney Justin D. Csik Authored Article in U.S. 1

August 27, 2013 — Stark & Stark Shareholder Hosting Grand Ribbon Cutting Ceremony

August 13, 2013 — Stark & Stark Chosen as a 2013 Corporate Angel of the Year by Anchor House

August 2, 2013 — Stark & Stark Shareholder Jerry A. Nelson Featured in "The Times"

August 1, 2013 — Stark & Stark Shareholder Thomas S. Onder Featured in Law360 Article

July 31, 2013 — Stark & Stark Shareholder Rosemary D. Durkin Authored Article in New Jersey Law Journal

July 29, 2013 — Stark & Stark Shareholder Featured in Law360 Article

July 18, 2013 — Stark & Stark Shareholder Rachel Lilienthal Stark Authored Article in Moxie Woman Magazine

July 16, 2013 — Stark & Stark Shareholder Scott I. Unger to Present at Bucks County Bar Association Seminar

July 12, 2013 — Stark & Stark Shareholder Allen M. Silk Featured in Article on Obamacare

July 11, 2013 — Stark & Stark Shareholder Thomas S. Onder Authored Mercer County Lawyer Article

July 10, 2013 — Stark & Stark Shareholder John L. Laskey to Present at NBI Seminar

July 8, 2013 — Stark & Stark Shareholder Jerry A. Nelson Featured in Article on Industrial and Retail Real Estate

July 3, 2013 — Stark & Stark Shareholder Gary S. Forshner Featured in Law360 Article

June 28, 2013 — Stark & Stark Shareholder Bari J. Gambacorta Published in U.S. 1

June 18, 2013 — Stark & Stark Shareholder Barbara Strapp Nelson Published in US1 Article

June 17, 2013 — Stark & Stark Shareholder Scott I. Unger Published in U.S.1

June 14, 2013 — Stark & Stark Attorney Published in New Jersey Law Journal

June 12, 2013 — Stark & Stark Shareholder Craig S. Hilliard Published in New Jersey Law Journal

June 11, 2013 — Stark & Stark Shareholder Steven L. Friedman Featured in Article About Sen. Frank Lautenberg

June 7, 2013 — Stark & Stark Shareholders Attended ICSC "Trenton Day" at State House

May 31, 2013 — Shareholder Maria P. Imbalzano Published in US1

May 30, 2013 — Two Stark & Stark Shareholders Named Franchise Times Legal Eagles

May 30, 2013 — Thomas S. Onder is Panelist for Mercer County Bar Association CLE Seminar

May 29, 2013 — Stark & Stark Shareholder Brian A. Carlis Featured in Wall Street Journal Article on Finra

May 28, 2013 — Stark & Stark Shareholder Barbara Strapp Nelson Published in US1

May 14, 2013 — Stark & Stark Divorce Attorneys Featured in U.S.1 Article on Collaborative Divorce

May 9, 2013 — Attorney Matthew Taylor Published in US1 Article on Online Counterfeiting Websites

May 7, 2013 — Stark & Stark Attorney Allyson Cofran Featured in U.S.1 Article

May 6, 2013 — Stark & Stark Employment Law Attorneys Published in New Jersey Law Journal

April 29, 2013 — Philadelphia Chapter of TMA Selected as Chapter of the Year

April 26, 2013 — Stark & Stark Attorneys to Present Mercer County Law Day Public Education Seminars

April 23, 2013 — Shareholder Gary S. Forshner to Present at MIDJersey Chamber of Commerce Event

April 23, 2013 — Shareholder Bari Gambacorta Published in US1

April 19, 2013 — Stark & Stark Divorce Attorneys Featured in Article in U.S.1 for Divorce Seminar

April 18, 2013 — Stark & Stark Attorney Allyson Cofran Published in US1

March 26, 2013 — Stark & Stark Shareholder Maria P. Imbalzano Published in US1

March 25, 2013 — Stark & Stark Sponsored Recruiter of the Year Award for CAI 2013 Awards Dinner

March 12, 2013 — Stark & Stark Shareholder in Divorce Group Featured in New Jersey Law Journal

March 8, 2013 — Stark & Stark Co-Hosts Event at the 2013 IFA Convention

March 4, 2013 — Stark & Stark Shareholder in Bankruptcy & Creditor's Rights Group Published in New Jersey Law Journal

February 15, 2013 — Stark & Stark: Advocating for Women in Law

February 14, 2013 — Stark & Stark Women Attorneys Initiative to Host Free Seminar Series

February 12, 2013 — Stark & Stark Associates to Present at Dinner Seminar Series Tonight

January 25, 2013 — Stark & Stark Shareholder Featured in Article on Recent ICSC Seminar

January 24, 2013 — Stark & Stark Shareholder Quoted in The New Jersey Cooperator

January 17, 2013 — Stark & Stark Shareholder to Moderate at the ICSC "Our Town-South Jersey" Mayors Program in Cinnaminson Township, NJ

January 2, 2013 — Stark & Stark Shareholder Featured in The New Jersey Cooperator

December 28, 2012 — Stark & Stark Shareholder to Present at The Hamilton Partnership's Seminar in Hamilton, NJ

December 17, 2012 — Stark & Stark Shareholder Featured in New Jersey Builders Association Publication

December 7, 2012 — Stark & Stark Shareholder to be Featured on WFMZ-TV Program

November 16, 2012 — Stark & Stark Shareholder Featured in Asbury Park Press Article on Sandy Recovery

November 14, 2012 — Stark & Stark Divorce Attorney Published in US1