Stark & Stark Shareholder Dolores R. Kelley, Esq., with contributions from Associate Marshall T. Kizner, Esq., authored a chapter in the book Moonshiner to Craft Distillery, Leading Lawyers on the Business of Distilling (Inside the Minds)[1], which was published by Thomson Reuters. The chapter they authored, entitled “Ensuring Distillery Compliance Requires an Interdisciplinary Approach,” explains the effect of the evolution of distillery laws on the craft distillery industry.

Continue Reading Shareholder & Associate Contributed to Published Book Moonshiner to Craft Distillery, Leading Lawyers on the Business of Distilling

Stark & Stark Shareholder Timothy P. Duggan, Chair of the Bankruptcy & Creditors’ Rights, Eminent Domain, and Real Estate Tax Appeal Groups, was interviewed in the article Margate Ruling Makes Waves in Still-Active Dune Litigation, which was published in the New Jersey Law Journal on December 17, 2015.

In the article, Mr. Duggan discussed a trial judge’s recent decision to allow an Atlantic County municipality to make its case against the federal government’s current beach replenishment plan. However, there is a high evidentiary burden required in order to overcome a condemning authority, so there is no guarantee this will be an easy victory.

According to Mr. Duggan, “I think there’s a good chance it’s going to work its way up the system…I’m wondering if, based on the decision on Margate, whether or not some other towns are going to take that same route.”

In order to prove their case, Margate was able to obtain expert reports on why improvements to its existing system of bulkheads would be superior to the U.S. Army Corps of Engineers’ current plan to construct dunes on various municipal parcels. However, in order for their plan to begin, they will first need to obtain the land necessary. This will be accomplished through eminent domain.

To read the full article, please click here.

Stark & Stark Shareholder Steven L. Friedman, Chair of the Trusts & Estates Group, authored the article The Top Reasons for Establishing Control Over Your Estate, which was published on NJ.com on December 11, 2015.

The article details many of the factors that are involved in forming an Estate Plan. Various legal documents can assist you in developing an Estate Plan, which can include Wills, Trusts, Durable Powers of Attorney, and Advance Directives, but the most important factor can in this planning will always be communication. This can include discussing preferred health care decisions with your Proxy Directive or your plans for how you wish your minors to be educated and raised with your selected Guardians.

Mr. Friedman recommends that those wishing to start their Estate Plan complete a Personal Record Organizer, which can enable an individual to “communicate the location of important estate, personal and financial documents and records.” Once you have completed your Personal Record Organizer, you should have a comprehensive guide for your family and fiduciaries to follow. This information can include locations to the safety box and its key, Social Security card, Last Will and Testament, contact information for attorneys, accountants, and financial providers, and itemizations of mortgages or any liabilities owed.

To read the full article, please click here.

Stark & Stark Associate Marshall T. Kizner, member of the Bankruptcy & Creditors’ Rights Group, authored the article Legislation Aims to Strengthen Relationship between Breweries, Local Businesses, which was published on NJ.com on November 24, 2015.

The article describes recent legislation in New Jersey that allowed craft breweries to create a limited brewery license, otherwise known as a Craft Brewery License. This new license was so critical because it “finally allowed brewers an affordable option for small-scale production that had been long missing from the state.”

With a Craft Brewery License, however, brewers are not allowed to sell food or operate a restaurant inside the brewery. In order to sell food on site, the brewery must own a plenary retail consumption license, run the restaurant on site, and also receive a Brew Pub License. An additional difference between a Craft Brewery License and a Brew Pub License is the quantity of beer that can be produced in a year. Mr. Kizner writes, “Brew pubs are limited to the sale of 10,000 barrels of beer a year, opposed to 300,000 barrels a year under the Craft Brewery License.”

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Stark & Stark Shareholder Kevin M. Hart, member of the Litigation, Corporate Investigations & White Collar, Shareholder & Partner Disputes, and Insurance Coverage & Liability Groups, authored the article ‘Tis the Season for Employee Theft: Protecting Your Small Business from Within, which was published on NJ.com on November 9, 2015.

The article details the risks to small businesses that come with employee theft. Approximately $50 billion a year is lost courtesy of this theft, and it is a problem which affects all types of businesses. Theft most often occurs in the form of embezzling, which can include “false bank accounts, false bank records, false billing statements, false receivable records, and even false computer records.”

Depending on the total sum of stolen funds, the criminal case will most likely be brought to the county prosecutor’s office. Instead, Mr. Hart recommends, “A far more effective response is to retain either an attorney or accountant that specializes in this area,” to better protect yourself against this theft. “If you believe your company has been a victim of internal fraud or employee theft, you should seek legal counsel immediately.”

You can read the full article by clicking here.

Stark & Stark Associate Corrine E. Cooke, member of the Family Law & Divorce Group, authored the article How Will the Issue of Custody and Parenting Time be Determined in My Divorce?, which was published on NJ.com on November 13, 2015.

The article discusses the two types of custody in New Jersey considered during a divorce. This is “legal” custody and “physical” custody. A parent awarded legal custody means that they can make the primary decisions about the child(ren)’s care, including education, medical care, religion, and overall welfare. Additionally, New Jersey courts have a strong preference for Joint Legal Custody when possible, which means that both parents will be consulted on all major decisions regarding the child(ren).

Physical custody, on the other hand, is considered to be whichever parent has the child(ren) more than 50 percent of the time; this parent is designated the Parent of Primary Residence, while the other is designated the Parent of Alternate Residence. However, holiday parenting time and vacation parenting time are not to be included in either parent’s total number of overnights, because “the annual number of overnights is necessary to determine child support pursuant to the New Jersey Child Support Guidelines.”

If there ever are issues from determining custody and/or parenting time, the state of New Jersey requires that “the court is required to refer the case to mediation through the courts.”

To read the full article, please click here.