The Importance of Including an Item 19 in your Franchise Disclosure Document

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In this installment of the Franchise Law Podcast series, Adam Siegelheim, Shareholder in Stark & Stark’s Franchise Group, interviews Steve Beagelman, President of SMB Franchise Advisors. Mr. Siegelheim and Mr. Beeagelman discuss an important component of Franchise Disclosure Documents (FDD), item 19. An item 19 provides prospective franchisees with information relating to the financial performance of the brand and what they can expect in the way of sales, revenues and cost structures.

Mr. Siegelheim and Mr. Beagelman discuss the importance of having an item 19, the different ways you can structure your item 19, and for those who choose not to include an item 19, how that decision could impact the sales process.

You can listen to the full podcast online here.

Stark & Stark Shareholder Presents Seminar Discussing Rules and Regulations for Community Associations

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On October 22, 2011, I was a panelist at the New Jersey Chapter of Community Associations Institute Annual Expo. The seminar focused on Rules and Regulations for community associations. Particularly, the seminar focused how best to reconcile rules and regulations in light of New Jersey and Federal statutes that may be in opposition to the association-implemented rule.

 

For example, some discussion was centered around service animals in light of an association rule that prohibits animals of any type. The attendees were advised that even though actual notice was given to the members those animals were prohibited by virtue of receipt of the governing documents, Federal law allows service animals to live within associations if various parameters are met. As this runs counter to the association’s rules, the attendees were advised that Federal statute would prime the association prohibition.

 

You can listen to the full presentation online here
 

Using Social Media to Grow Your Brand

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Adam J. Siegleheim, member of Stark & Stark's Franchise Group, attended the 2011 International Franchise Expo's Annual Convention February 13-16, 2011 in Las Vegas, Nevada. In this podcast, Mr. Siegelheim meets with Thomas Scott of Brand Journalists. Mr. Siegelheim and Mr. Scott discuss how to use social media outlets in order to strategically grow your brand and drive qualified traffic to your franchise.

You can listen to the full podcast online here

How to Use Social Media to Enhance Your Franchise

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Adam J. Siegelheim, member of Stark & Stark's Franchise Group, attended the 2011 International Franchise Expo's Annual Convention February 13-16, 2011 in Las Vegas, Nevada. In this podcast, Mr. Siegelheim meets with Paul Segreto of Franchise Essentials. Mr. Siegelheim and Mr. Segreto discuss social media and how franchisors can utilize social networking applications, such as Facebook, Foursquare, LinkedIn and Twitter, to enhance their brand.

You can listen to the full podcast online here.

 

The Psychology of the Successful Franchisee

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Adam J. Siegelheim, member of Stark & Stark's Franchise Group, attended the 2011 International Franchise Expo's Annual Convention February 13-16, 2011 in Las Vegas, Nevada. 

 During the convention, Mr. Siegelheim interviewed Ricardo Roman, V.P. of Strategic Alliance for Caliper. Mr. Siegelheim and Mr. Roman discuss a presentation Mr. Roman recently gave entitled, "The Psychology of the Successful Franchisee." Mr. Siegelheim and Mr. Roman also discuss the value of franchisors utilizing assessment tools when meeting with potential franchisees. 

 You can listen to the podcast online here

Live Interview from the 2010 International Franchise Association Convention

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This installment of the New Jersey Legal Update podcast is an interview, live from the 2010 International Franchise Expo in Washington DC, with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Fred Kriss, Founder of FranchiseRight.  Mr. Siegelheim and Mr. Kriss discuss a new incubator program developed by FranchiseRight which assists business owners in deciding if they should franchise their business and how business owners can raise the capital needed for franchising. 

You can download the full podcast here. (11 MB)
 

Stark & Stark Shareholder Interviewed on Ask the Experts

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Gary S. Forshner, Shareholder in Stark & Stark’s Real Estate, Zoning & Land Use Group was a featured panelist on WMTR’s Ask the Experts radio show, hosted by Jessie Frees, as they discuss the 2010 New Jersey Builders Association’s Atlantic Builders Convention. Mr. Forshner was joined by Eileen Monesson, Atlantic Builders Convention Committee Chair; and John Hooper, a South Jersey builder and Chairman of the New Jersey Builder's Association's Green Building Committee.
 

The panelists discussed the show highlights, special events and educational seminars offered at the convention. Mr. Forshner commented on the recent regulatory and legal changes impacting the real estate industry throughout the state of New Jersey.
 

You can listen to the full interview online here.

How to Implement a Mentor-Protégé Program to Help Your Franchise System Grow

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This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Harvey Homsey, Vice President Franchise Systems for Express Employment Professionals, at the 2010 International Franchise Association Convention in San Antonio, Texas.

 

Mr. Siegelheim and Mr. Homsey discuss pros and cons of mentor-protégé  programs, an overview of how to start a program, what makes someone a good mentor, and what the necessary elements of a successful mentor-protégé relationship are. Mr. Siegelheim and Mr. Homsey also discuss how the current economic climate, the franchise industry and your specific market can affect the relationship.

 

You can download the full podcast here.

 

Live Interview from the Franchise Expo South - How to Fund Your Franchise

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This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Larry Carnell, Vice President of Business Development for BeneTrends, Inc., at the 2010 Franchise Expo South in Miami, Florida.

 

Mr. Siegelheim and Mr. Carnell discuss how to access capital in order to fund your franchise, including using your retirement fund.

 

You can download the full podcast here.

Live Interview from the 2010 International Franchise Association Convention

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This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Greg Nathan, Managing Director for Franchise Relationship Institute, at the 2010 International Franchise Association Convention in San Antonio, Texas.

 

Mr. Siegelheim and Mr. Nathan discuss the differences between the franchise industry in the United States and Australia. Specifically, they discuss the pros and cons of focusing on unit sales versus focusing on franchisee follow-up and relationship building.

 

You can download the full podcast here.

 

Live Interview from the Franchise Expo South - 2010 Economic Outlook

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This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Paul Rocchio, Director of Development & Member Services for the International Franchise Association, at the 2010 Franchise Expo South in Miami, Florida.

 

Mr. Siegelheim and Mr. Rocchio discuss the economic outlook for 2010 in relation to franchising in the wake of the current economic downturn. Mr. Siegelheim and Mr. Rocchio also address the many benefits available to new and existing franchisors as member of the International Franchise Association.

 

You can download the full podcast here.

Expanding Your Business Through Franchising

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This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Joseph D. Ornellas, President of Orion Franchise Consulting. Mr. Siegelheim and Mr. Ornellas discuss the most common question associated with franchising: Is my business franchise-able?

Mr. Siegelheim and Mr. Ornellas discuss key things to consider when you have decided to expand your business through franchising, including, intellectual property rights, how to determine your projected return on investment and the best way to set up your system of operation which will run your franchise and in the end make it profitable for you.

You can listen to the full podcast online here. (8.4 MB)

Live Interview From The 2009 International Franchise Expo

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This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Bruce Bloom, President of Bloom & Associates, Inc. The interview took place at the 2009 International Franchise Expo in Washington, DC. Mr. Siegelheim and Mr. Bloom discuss preventative measures franchisors can implement in order to prevent a crisis from occurring in these difficult economic times and tips on crisis management, in the event a crisis does occur.

 

You can listen to the full podcast online here. (5.5 MB)
 
 

Live Interview From The International Franchise Association's 2009 Annual Convention

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This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Darrell Johnson, President and CEO of FRANdata, at the International Franchise Association's 2009 Annual Convention in San Diego, California. Mr. Siegelheim and Mr. Johnson discuss the economic outlook for 2009 and for years to come in relation to franchising in the wake of the current economic downturn.

 

You can download the full podcast here. (7 MB)
 

New Jersey's Foreclosure Mediation Program

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This installment of the New Jersey Legal Update is an interview with Bari Gambacorta, Shareholder in Stark & Stark's Bankruptcy & Creditor's Rights group, Allyson Cofran, member of Stark & Stark's Bankruptcy & Creditor's Rights group, and Kevin Wolfe, of the State of New Jersey's Civil Practice Division. The podcast is a discussion of the New Jersey Foreclosure Mediation Program which went into effect Monday January 5, 2009 in order to assist homeowner's throughout New Jersey who are facing foreclosure delinquencies.

 

The State of New Jersey has released the list of CDR (Complimentary Dispute Resolution) point persons, who will be creating mediation calendars and coordinating the foreclosure mediation program in county courthouses. You can access the list here. (PDF)

 

You can download the full interview here. (15.5 MB)

New Jersey Legal Update Podcast - # 74

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On Wednesday October 1, 2008 Adam J. Siegelheim, member of Stark & Stark's Franchise group, Nathan R. Greenberg, President and COO of Siegel Financial Group LLC, and Don Johnson, President of Diamond Financial Services met at the IFA's New Jersey Franchise Business Networking meeting to discusses the latest trends impacting the franchise industry.

 

Mr. Siegelheim, Mr. Greenberg and Mr. Johnson discussed the recent economic climate in relation to the franchise industry, and what this will mean in the future for franchisors. You can download the full podcast here. (7.7 MB)

What Franchisors Can Expect in Bankruptcy

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In light of the recent high profile bankruptcy filings of dining establishments such as Bennigans and Steak N Ale, Adam Siegelheim leads a discussion with Bankruptcy & Creditor’s Rights Attorneys Timothy Duggan and Thomas Onder to outline what franchisors need to understand about the bankruptcy process.

In this podcast the franchise and bankruptcy attorneys discuss: what happens to the franchise’s intellectual property assets; what are the responsibilities of the franchisees; how does the bankruptcy filing impact the restrictive covenants which exist and how do potential third-party purchasers of the system come into play.

You can download the full podcast here. (10.3 MB)
 

Boscov's Bankruptcy And What Their Suppliers Should Understand

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The bankruptcy filing today of Boscovs Department Stores further demonstrates how consumers have been hurt by the housing downturn, job losses and higher costs for food and fuel. Following on the heels of Linens N Things and The Sharper Image, Boscov's cited decreased consumer spending and will immediately close 10 of its 49 stores, most of which are in New Jersey and Pennsylvania.

Suppliers to these and other similarly situated retail outlets have substantial rights to reclaim merchandise shipped to a debtor prior to their bankruptcy filing. Today's podcast on Boscov's Bankruptcy will explain those rights.

Stark & Stark's Divorce Law Podcast - # 9

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Stark & Stark's Divorce Law Podcast is a nine part podcast series, and is part of the Divorce Law Podcast. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.


This is the ninth and final installment of Stark & Stark's Divorce Law Podcast, and will discuss counsel fees. This podcast will address the considerations that are taken into account when determining who will have to pay counsel fees.


You can download Installment #9 here. (4.3 MB)


Installment 9 Show Notes (PDF)

Stark & Stark's Divorce Law Podcast - # 8

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Stark & Stark's Divorce Law Podcast is a nine part podcast series, and is part of the Divorce Law Podcast. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the eighth installment of Stark & Stark's Divorce Law Podcast, and will discuss medical and life insurance coverage. The podcast will address how to change the beneficiary of your life or medical insurance, as well as how to maintain your insurance after the divorce settlement is finalized.

You can download installment #8 here. (4.2 MB)

Installment 8 Show Notes (PDF)

New Jersey Legal Update - Podcast # 73

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This week's Franchise Law podcast is an interview with the Vice President of Franchisee Development for Huntington Learning Center, Tom Spadea. The interview took place at February's 2008 International Franchise Association's Annual Convention in Orlando, Florida and discusses franchise development and recruitment strategies, the new Franchise Disclosure Document, and a discussion on how to train your employees on policy and procedure updates.

This week's Franchise Law Podcast is presented by  Adam J. Siegelheim of Stark & Stark's Franchise group.

You can download the New Jersey Legal Update podcast #73 here (8.6 MB)

Stark & Stark's Divorce Law Podcast - # 6

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Stark & Stark's Divorce Law Podcast is a nine part podcast series, and is part of the Divorce Law Podcast. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the sixth installment of Stark & Stark's Divorce Law Podcast, and will discuss equitable distribution. This podcast will address how equitable is determined through a discussion of marital assets and liabilities at the time of your divorce. This podcast will also give you an outline of the procedures used to create an equitable distribution format.

You can download installment #6 here. (8.3 MB)

Installment 6 Show Notes (PDF)

Stark & Stark's Divorce Law Podcast - # 5

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Stark & Stark's Divorce Law Podcast is a nine part podcast series, and is part of the Divorce Law Podcast. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the fifth installment of Stark & Stark's Divorce Law Podcast, and will discuss alimony. The podcast will address the factors that are considered in determine alimony, a discussion on the differences between alimony and child support, and the ability to modify an alimony payment.

You can download installment #5 here. (5.9 MB)

Installment 5 Show Notes (PDF)

Stark & Stark's Divorce Law Podcast - # 4

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Stark & Stark's Divorce Law Podcast is a nine part podcast series, and is part of the Divorce Law Podcast. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the fourth installment of Stark & Stark's Divorce Law Podcast, and will discuss the payment of college expenses for a child. The podcast will address the determining factors of college expenses such as the amount of contribution being sought, the ability of each parent to pay the anticipated amount, and the financial resources of the child.

You can download installment #4 here. (5.1 MB)

Installment 4 Show Notes
(PDF)

Stark & Stark's Divorce Law Podcast - # 3

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Stark & Stark's Divorce Law Podcast is a nine part podcast series, and is part of the Divorce Law Podcast. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the third installment of Stark & Stark's Divorce Law Podcast, and will discuss the emancipation of a child. This podcast will address state regulations and the exceptions to these regulations, what factors are considered when emancipation is an option, and how a family's lifestyle can determine whether or not emancipation is the best option for the child.

You can download installment #3 here. (4.5 MB)

Installment 3 Show Notes (PDF)

Stark & Stark's Divorce Law Podcast - # 2

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Stark & Stark's Divorce Law Podcast is a nine part podcast series, and is part of the Divorce Law Podcast. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the second installment of Stark & Stark's Divorce Law Podcast, and will discuss child support. This podcast will address guidelines for the amount of support that needs to be paid from one parent to another, as well as medical expenses, work-related daycare expenses, educational tutoring, athletic fees and additional extracurricular activities.

You can download installment #2 here. (3.9 MB)

Installment 2 Show Notes (PDF)

Stark & Stark's Divorce Law Podcast - # 1

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Stark & Stark's Divorce Law Podcast is a nine part podcast series of the Divorce Law Podcast with Stark & Stark's Divorce Law group. Stark & Stark's Divorce Law Podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the first installment of Stark & Stark's Divorce Law Podcast, and will discuss custody of the children. This podcast will address common aspects of child custody related matters, such as physical and legal custody, supervised visitation rights, use of a parenting coordinator, and how to agree on an arrangement in the best interest of the child.

You can download podcast # 1 here. (6 MB)

Installment 1 Show Notes (PDF)

New Jersey Legal Update - Podcast # 72

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This week's Franchise Law podcast is an interview with the President of MFV Expositions, Tom Portesy. The interview discusses the growing rate of franchises in and outside of the United States and what this means for the future of the franchise industry. The interview took place at the 2008 Franchise Expo South, held earlier this month in Miami Beach, Florida.

This week's Franchise Law Podcast is presented by Shareholder of Stark & Stark's Franchise Law Group, Adam J. Siegelheim.

You can download the New Jersey Legal Update podcast #72 here. (3.6 MB)

New Jersey Legal Update - Podcast # 71

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This week's Franchise Law podcast is an interview with Chief Franchising Officer of Hollywood Tans, Steve Beagelman. The interview took place at the 2008 Franchise Expo South, held earlier this month in Miami Beach, Florida.

This week's Franchis Law Podcast is presented by Shareholder of Stark & Stark's Franchise Law Group, Adam J. Siegelheim.

You can download the New Jersey Legal Update Podcast # 71 here. (6.8 MB)

New Jersey Legal Update - Podcast # 70

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This week's New Jersey Legal Update podcast will discuss the necessary insurance coverage needed for franchisors in order to protect your franchise system against claims. This podcast will address good practices to follow when determining your level of insurance, as well as a discussion on industry standards and the various types of coverage available to you and your business.

This week's New Jersey Legal Update is presented by Adam J. Siegelheim, a member of Stark & Stark's Franchise Group.

You can download the New Jersey Legal Update Podcast # 70 here. (6 MB)

Divorce Law Podcast - # 10

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This tenth and final installment of the Divorce Law Podcast will focus on moving on with your life after your divorce is final.

You can download the tenth installment here. (4.5 MB)

Episode 10 Show Notes (PDF)

Divorce Law Podcast - # 9

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This ninth installment of the Divorce Law Podcast will focus on the follow-up issues you will encounter after your divorce has been settled. This includes the enforcement and implementation of the judgment from your case, including any QDROs (Qualified Domestic Relations Order) that may have been determined during your case.

You can download the ninth installment here. (4.2 MB)

Episode 9 Show Notes (PDF)

Divorce Law Podcast - # 8

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This eighth installment of the Divorce Law Podcast will focus on the actual trial of your case. This podacst will discuss the various steps and issues you may encounter if your divorce goes to trial, including a discussion on appealing the decision of your divorce.

You can download the eighth installment here. (4.5 MB)

Episode 8 Show Notes
(PDF)

Divorce Law Podcast - # 7

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This seventh installment of the Divorce Law Podcast will focus on alternative dispute resolutions. This podcast will discuss the options you can address with your attorney in order to avoid an expensive and lengthy courtroom litigation, such as mediation, arbitration or early settlement proceedings.

You can download the seventh installment here. (4.2 MB)

Episode 7 Show Notes (PDF)

Divorce Law Podcast - # 6

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This sixth installment of the Divorce Law Podcast will focus on discovery. Discovery is a second step, and a more formal way, of gathering information relevant to your divorce proceedings. This podcast will discuss the various types of discovery proceedings, as well as some reasons why you may want to consider a formal discovery process with your attorney.

You can download the sixth installment here. (3.8 MB)

Episode 6 Show Notes
(PDF)

Divorce Law Podcast - # 5

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This fifth installment of the Divorce Law Podcast will focus on pre-trial motions. Because a large majority of divorce cases are settled outside of the courtroom, pre-trial motions are a very important way of determining the terms of your divorce. This can include, but are not limited to, issues such as child support, alimony, allocation of household bills, allocation of household assets, insurance coverage and parenting time/custody.

You can download the fifth installment here. (3.6 MB)

Episode 5 Show Notes (PDF)

Divorce Law Podcast - # 4

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This fourth installment of the Divorce Law Podcast will focus on filing your complaint. This podcast will also address the issue of whether or not your case should be a "fault" or a "no fault" case, and what that difference can mean to your divorce proceedings. 

You can download the fourth installment here. (2.8 MB)

Episode 4 Show Notes (PDF)

Divorce Law Podcast - # 3

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This second installment of the Divorce Law Podcast will focus on the importance of gathering information and evidence for your divorce proceedings. This podcast will discuss the basic documents you should collect in order to proceed successfully with your divorce.

You can download the third installment here. (3MB)

Episode 3 Show Notes (PDF)

Divorce Law Podcast - # 2

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The Divorce Law Podcast is a 10 episode series presented by Stark & Stark's Divorce Law Group.  The series is constructed so that listeners may use it as an "owners manual" for their divorce. 

This second installment of the Divorce Law Podcast will focus on the selection of the attorney who will assist you through your divorce. This podcast will discuss the three C's you should consider when selecting an attorney: competency, cost and chemistry.

You can download the second installment here. (4 MB)

Episode 2 Show Notes (PDF)

Divorce Law Podcast - # 1

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The Divorce Law Podcast is a 10 episode series presented by Divorce Law Group.  Throughout the series, we will answer the most common questions individuals considering a divorce will face, and together the series of podcasts are constructed so that listeners may use them as an "owners manual" for their divorce. 

This first installment of the Divorce Law Podcast will focus on the initial discussions you and your spouse will have after the decision to separate has been made, including guidelines for how to approach the subject of divorce with your children.

You can download the first installment here. (3.6 MB)

Episode 1 Show Notes (PDF)

New Jersey Legal Update - Podcast # 69

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This week's New Jersey Legal Update podcast will discuss the recently revised anti-discrimination laws in New Jersey. This podcast will address the new additions to the New Jersey Law Against Discrimination, which are "gender expression" and "an employee's involvement in civil unions."

You can download the New Jersey Legal Update Podcast # 69 here. (2.95 MB)

New Jersey Legal Update - Podcast # 66

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This week's New Jersey Legal Update podcast is a follow-up to a previous podcast on minority oppression discussing who can file a minority oppression lawsuit, and what one can expect if they do. This podcast will follow up with a discussion of one of the most important parts in a minority oppression lawsuit - valuation

This week's New Jersey Legal Update podcast is presented by Scott Unger, Shareholder of Stark & Stark's Litigation Group.

You can download the New Jersey Legal Update Podcast # 66 here. (5.9 MB)

New Jersey Legal Update - Podcast # 64

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This week's New Jersey Legal Update podcast is an interview with Tony Foley, President of World Franchisors. This podcast will address when is the right time to venture into the international market, how franchisors can support franchisees outside of the United States and what legal regulations franchisors need to be aware of before entering into the international franchise market.

This week's New Jersey Legal Update is presented by Adam Siegelheim, member of Stark & Stark’s Franchise Group.

You can download the New Jersey Legal Update Podcast here. (5.6 MB)

New Jersey Legal Update - Podcast # 63

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This week's New Jersey Legal Update podcast is an interview with Dave French, Vice President of the International Franchise Association. This podcast will address some of the recently proposed legislation in various states, as well as a discussion on the current status of the Employee Free Choice Act. 

You can download the New Jersey Legal Update here. (5.92 MB)

New Jersey Legal Update - Podcast # 62

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This week's New Jersey Legal Update podcast will discuss the case In re Lead Paint Litigation, which is currently before the New Jersey Supreme Court. This podcast will give a brief discussion on the background, facts, and parties of the case, an overview of the procedural events that have occurred, as well as a discussion on the impact this decision could have throughout the state of New Jersey.

This week's New Jersey Legal Update is presented by Scott Unger, member of Stark & Stark’s Litigation Group.

You can download the New Jersey Legal Update here. (5.4 MB)

New Jersey Legal Update - Podcast # 61

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This week's New Jersey Legal Update podcast will discuss the newly revised Federal Trade Commission Rule. This podcast will explain the foundation for the rule, as well as how the revised rulings can affect you and your company.

This week's New Jersey Legal Update is presented by Adam Siegelheim, member of Stark & Stark’s Franchise Group.

You can download the New Jersey Legal Update # 61 here. (9.05MB)

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New Jersey Legal Update - Podcast # 60

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This week's New Jersey Legal Update podcast will discuss oppressed minority shareholder litigation. This podcast will explain who qualifies as an oppressed minority shareholder, the New Jersey statutes that govern shareholder divorces, and what these rules and regulations can mean for you and your business.

This week's New Jersey Legal Update is presented by Scott Unger, member of Stark & Stark’s Litigation Group.

You can download the New Jersey Legal Update Podcast # 60 here. (5.9 MB)

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New Jersey Legal Update - Podcast # 58

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This week's New Jersey Legal Update podcast will discuss the rules of civil procedure, in the state of New Jersey as well as on a federal level, relating to the issue of electronically stored information for the discovery process.

You can download the New Jersey Legal Update Podcast # 58 here. (5.15 MB)

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New Jersey Legal Update - Podcast # 57

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This week's New Jersey Legal Update podcast will address federal legislation impacting sub-contractors. This podcast will discuss what defines a sub-contractor and how federal legislation, such as the Miller Act, can impact the construction industry.

This week's New Jersey Legal Update is presented by Paul W. Norris, member of Stark & Stark’s Litigation Group.

You can download the New Jersey Legal Update Podcast # 57 here. (6.9 MB)

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New Jersey Legal Update - Podcast # 56

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This week's New Jersey Legal Update podcast will discuss the landmark case of Washington Mutual Home Loans, Inc. v. Rodrigo S. Lima, et al. This podcast will give a brief summary of the case, as well as a discussion of the implications of this decision and the impact it will have on Condominium Associations.

This week's New Jersey Legal Update is presented by A. Christopher Florio, Co-Chair of Stark & Stark’s Community Associations Group.

You can download the New Jersey Legal Update Podcast # 56 here. (5.6 MB)

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New Jersey Legal Update - Podcast # 55

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This week's New Jersey Legal Update podcast will discuss the use of objective standards in hiring practices. This podcast will also discuss the impact objective standards can have on a sexual discrimination case.

You can download the New Jersey Legal Update Podcast # 55 here. (4.75 MB)

New Jersey Legal Update - Podcast # 54

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This week's New Jersey Legal Update podcast will discuss the recent proposal by the SEC to increase the current hedge fund investment threshold to $2.5 million. This podcast will also discuss the SEC's newly proposed anti-fraud rule under the Advisor's Act of 1940.

You can download the New Jersey Legal Update Podcast # 54 here. (5.9MB)

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New Jersey Legal Update - Podcast # 53

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This week's New Jersey Legal Update podcast will discuss the landmark case of Mt. Laurel Township v. MiPro Homes. This podcast will give a brief summary of the case, and how it will impact the future of New Jersey's real estate industry.

This week's New Jersey Legal Update is presented by Gary S. Forshner, Shareholder of Stark & Stark’s Real Estate Group.

You can download the New Jersey Legal Update Podcast # 53 here.(3.3MB)

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New Jersey Legal Update - Podcast # 52

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This week's New Jersey Legal Update podcast will discuss the Employee Retirement Income Security Act (ERISA) of 1974. This podcast will give a brief summary of the act, and how ERISA can impact hedge funds.

You can download the New Jersey Legal Update Podcast # 52 here.(4.95 MB)

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New Jersey Legal Update - Podcast # 51

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This week's New Jersey Legal Update podcast will discuss HR 42 - The Freedom to Display the American Flag Act of 2005. This podcast will give a brief description of the act, and what this decision means for community associations, cooperative associations and residential real estate management associations.

This week's New Jersey Legal Update is presented by Melissa Volet, a member of Stark & Stark’s Community Associations Group.

You can download the New Jersey Legal Update Podcast # 51 here.(3.75 MB)

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New Jersey Legal Update - Podcast # 50

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This week's New Jersey Legal Update podcast will discuss the October 25, 2006 landmark decision of Lewis v. Harris. This podcast will give a brief summary of the case, and what the court's decision means for the future of marriage in the state of New Jersey.

This week's New Jersey Legal Update is presented by John Eory, a member of Stark & Stark’s Divorce Group.

You can download the New Jersey Legal Update Podcast # 50 here. (5.7 MB)

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New Jersey Legal Update - Podcast # 49

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This week's New Jersey Legal Update podcast will discuss the new bankruptcy code and how it affects creditors and franchisors. This podcast will address the creditor's treatment under the debtor's plan, the creditor's rights for reclamation of goods, and the debtor's assignment or rejection of the franchise agreement.

This week's New Jersey Legal Update is presented by Thomas Onder, a member of Stark & Stark’s Franchise and Creditor's Rights Groups.

You can download the New Jersey Legal Update Podcast # 49 here. (7.8 MB)

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New Jersey Legal Update - Podcast # 48

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This week's New Jersey Legal Update podcast will discuss the positives and negatives of creating an employee handbook for your company. This podcast will address the rising need for employee handbooks in the workplace, as well as a discussion of how to determine what policies and procedures should be included and how to include those policies and procedures in accordance with state and federal legal regulations.

You can download the New Jersey Legal Update Podcast # 48 here. (11.5 MB)

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New Jersey Legal Update - Podcast # 47

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This week's New Jersey Legal Update podcast will discuss business succession planning for investment advisors and other financial professionals. This podcast will address the rising need for succession plans, and why it is important to implement a succession plan in order to insure a stable financial future for you and your business. 

You can download the New Jersey Legal Update Podcast # 47 here . (12 MB)

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New Jersey Legal Update - Podcast # 46

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This week's New Jersey Legal Update podcast is a seminar presented by Timothy Duggan, Shareholder in the firm's Condemnation Group, which was given to commercial and residential property owners in the East End Redevelopment area of Somerville, NJ.

The seminar discussed the redevelopment process under New Jersey law and what property owners need to know.

You can listen to the seminar here.

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New Jersey Legal Update - Podcast # 45

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This week's New Jersey Legal Update podcast will discuss recent cases pertaining to the franchise industry. This podcast will address the issues of restrictive covenants and franchise payment plans.

This week's New Jersey Legal Update is presented by Adam Siegelheim, a member of the firm's Franchise Group.

You can download the New Jersey Legal Update Podcast # 45 here. (11 MB)

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New Jersey Legal Update - Podcast # 44

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This week's New Jersey Legal Update podcast will discuss the defamation law in New Jersey, focusing on defamation through the use of the Internet. This podcast will also address the issues of libel, slander and the rights and restrictions of free speech.

This week's New Jersey Legal Update is presented by Paul Norris, a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 44 here. (7 MB)

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New Jersey Legal Update - Podcast # 43

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This week's New Jersey Legal Update podcast will discuss the New Jersey court system. This podcast will include an explanation of the different court systems, the various divisions of each court system, and a discussion of what to do once a complaint has been filed in the state of New Jersey.

This week's New Jersey Legal Update is presented by Scott Unger, a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 43 here. (8 MB)

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New Jersey Legal Update - Podcast # 42

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This week's New Jersey Legal Update podcast will discuss the issue of hedge fund marketing. This podcast will address the how to sell interest in hedge funds while still adhering to the rules and regulations set forth by the SEC.

You can download the New Jersey Legal Update Podcast # 42 here. (6 MB)

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New Jersey Legal Update - Podcast # 41

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This week's New Jersey Legal Update podcast will discuss the importance of age restricted community associations' compliance with Housing and Urban Development (HUD) regulations in order to maintain the status of as a 55 and older community.

This week's New Jersey Legal Update is presented by Melissa Volet a member of the Firm's Community Associations group.

You can download the New Jersey Legal Update Podcast # 41 here. (7 MB)

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New Jersey Legal Update - Podcast # 40

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This week's New Jersey Legal Update podcast will discuss the important local bankruptcy rule amendments for condominium associations and secured creditors.

This week's New Jersey Legal Update is presented by Thomas Onder a member of the Firm's Bankruptcy & Creditor's Rights group.

You can download the New Jersey Legal Update Podcast # 40 here. (8 MB)

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New Jersey Legal Update - Podcast # 39

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This week's New Jersey Legal Update podcast will discuss the redevelopment process in New Jersey as it pertains to property owners who are interested in redeveloping their own property. The podcast will address New Jersey's redevelopment process, starting from a municipalities initial designation of a redevelopment area through the adoption of the final redevelopment plan, as well as the issues one would face when attempting to be the redeveloper of their own property.

You can download the New Jersey Legal Update Podcast # 39 here. (12 MB)

Be sure to also download the Redevelopment Process Flow Chart here (PDF)

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New Jersey Legal Update - Podcast # 38

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This week's New Jersey Legal Update podcast will discuss hedge fund side letters and what managers need to know.

You can download the New Jersey Legal Update Podcast # 38 here. (7 MB)

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New Jersey Legal Update - Podcast # 37

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This week's New Jersey Legal Update podcast will discuss reasons why individuals should consult an attorney when creating and implementing an estate plan.

This week's New Jersey Legal Update is presented by Steven Friedman, Chair of the Firm's Trusts & Estates Group.

You can download the New Jersey Legal Update Podcast # 37 here.(9.7 MB)

New Jersey Legal Update - Podcast # 36

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This week's New Jersey Legal Update podcast will discuss the recent Appellate Court decision in Siddons v. Cook which stated that condominiums may have a duty to warn condominium owners of potentially dangerous conditions known to it, even involving property or issues related only to an individual unit.

This week's New Jersey Legal Update is presented by Christopher Florio, Co-Chair of the Firm's Community Associations Group.

You can download the New Jersey Legal Update Podcast # 36 here.(4.5 MB)

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New Jersey Legal Update - Podcast # 35

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This week's New Jersey Legal Update podcast will discuss hedge fund registration issues and whether or not general partners and managers should register under the Investment Advisor Act.

You can download the New Jersey Legal Update Podcast # 35 here.(7.7MB)

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New Jersey Legal Update - Podcast # 34

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This week's New Jersey Legal Update podcast will discuss the recent decision in The Jayson Company v. Vertical Market Software where the court ruled on the enforcement of arbitration clauses in commercial contracts.

This week's New Jersey Legal Update is presented by Scott Unger, a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 34 here.(9.6MB)

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New Jersey Legal Update - Podcast # 33

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This week's New Jersey Legal Update is presented by Christopher Florio, Co-Chair of the Firm's Community Associations Group. This week's update discusses the New Jersey Appellate Division's ruling in Micheve v. Wyndham Place at Freehold Condominium Association. In Micheve, the Court struck down the practice of associations raising monies through capital contributions paid by the seller at closing.

You can download the New Jersey Legal Update Podcast # 33 here.(8MB)

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New Jersey Legal Update - Podcast # 32

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This week's New Jersey Legal Update is presented by Timothy Duggan, Chair of the Firm's Bankruptcy & Creditor's Rights Group. This week's update discusses defending against preference actions in bankruptcy proceedings and offers insight as to things businesses who receive 547, 548 and 550 demands from trustees need to consider prior to refunding payments from bankrupt customers.

You can download the New Jersey Legal Update Podcast # 32 here.(13MB)

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Franchise Law In New Jersey

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Adam Siegelheim a member of the Firm's Franchise group was featured today in a Star Ledger article where he discussed the current state of franchising as well as some recent developments in New Jersey franchise law.


Is New Jersey a good place to open a franchise?
Yes. We have the state Franchise Practices Act. That gives New Jersey citizens who are buying a franchise extra protection beyond just what the contract says between the company and the new franchise.


What other protections does New Jersey offer?
A lot of times when you sign an agreement with, say, McDonald's, which is an Illinois company, they say if there is a dispute, you have to fight it in Illinois courts. New Jersey doesn't enforce those. The courts here look at that clause and figure the franchisee probably can't afford to take a case halfway across the country.


Do you worry about the ramifications of all this franchising?
From a business perspective, I don't really worry about it. Franchising is just the wave of the future, and a lot of mom-and- pops are converting to franchise. But it may get to the point where the great little unique stores may go out of business.


You can read the entire interview here.

New Jersey Legal Update - Podcast # 31

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This week's New Jersey Legal Update is presented by Adam Siegelheim, a member of the firm's Franchise Group and discusses the New Jersey Franchise Practices Act. In this podcast, Adam explains how the Franchise Practices Act, which governs the sale of franchises in New Jersey, can supercede certain aspects of franchise agreements including regulations placed on renewals, terminations and transfers.

You can download the New Jersey Legal Update Podcast # 31 here.(7.2MB)

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New Jersey Legal Update - Podcast # 30

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This week's New Jersey Legal Update is presented the firm's Employment Litigation Group and discusses restrictive covenants in employment agreements and what they mean for employers and employees.

You can download the New Jersey Legal Update Podcast # 30 here.(7.5MB)

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New Jersey Legal Update - Podcast # 28

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This week's New Jersey Legal Update podcast is presented by John Eory, a member of the firm's Family Law Group, and discusses the case of Lewis v. Harris which was argued before the New Jersey Supreme Court last week. This case brings a long history with it to the Court and is being watched nationally as a case which may direct how courts view legislation which bans same-sex marriage.

You can download the New Jersey Legal Update Podcast # 28 here.(12.2MB)

Want to watch a webcast of the argument of Lewis v. Harris before the Court? Download it here.

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New Jersey Legal Update - Podcast # 26

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This week's New Jersey Legal Update podcast is presented by Allen Silk, Co-Chair of the Business Succession Planning Group, and discusses the importance of succession planning for your business.

Most individual business owners do not have sufficient plans in place to address the many issues which will arise upon their death or severe disability. This podcast outlines the things that business owners should be thinking about now to ensure the smooth transition of their business should a catastrophic event occur.

You can download the New Jersey Legal Update Podcast # 26 here.(7.5MB)

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New Jersey Legal Update - Podcast # 25

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This week's New Jersey Legal Update podcast will discuss recent legal developments impacting franchisors and franchisees.

Adam Siegelheim of Stark & Stark's Franchise Group discusses a recent securities fraud claim brought by Krispy Kreme franchise owners and the Third Circuit's recent decision which found that arbitration forum-selection clauses in franchise agreements are enforceable.

You can download the New Jersey Legal Update Podcast # 25 here.(15MB)

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New Jersey Legal Update - Podcast # 24

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This week's New Jersey Legal Update podcast will discuss the New Jersey Identity Theft Protection Act (PDF) which went into effect in January 2006. This Act is one of the strongest in the nation when it comes to protecting personally identifiable information and both businesses and individuals need to be aware of the Act's impact and requirements.

This week's New Jersey Legal Update is presented by Martin Schrama a member of the Firm's Intellectual Property group.

You can download the New Jersey Legal Update Podcast # 24 here.(8MB)

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New Jersey Legal Update - Podcast # 23

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This week's New Jersey Legal Update podcast will discuss the Appellate Court's decision in Doe v. XYC Corporation which found that employers can be liable for civil damages when their employees use the company’s computers for illegal acts such as viewing child pornography.

You can download the New Jersey Legal Update Podcast # 23 here. (6MB)

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New Jersey Legal Update - Podcast # 22

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This week's New Jersey Legal Update podcast will discuss commercial real estate tax appeals for the 2006 tax year.

This week's New Jersey Legal Update is presented by Timothy Duggan, Chair of the Firm's Property Valuation group.

You can download the New Jersey Legal Update Podcast # 22 here.(5MB)

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New Jersey Legal Update - Podcast # 20

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This week's New Jersey Legal Update podcast will discuss the Miller Act and what it means to both general and sub-contractors.

This week's New Jersey Legal Update is presented by Paul Norris, a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 20 here.(21MB)

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New Jersey Legal Update - Podcast # 19

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This week's New Jersey Legal Update podcast will discuss shareholder oppression within a business partnership. Topics discussed include how oppression within an organization is determined and ways in which the court assesses the company's value for purposes of dissolution.

This week's New Jersey Legal Update is presented by Scott Unger, a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 19 here.(34MB)

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New Jersey Legal Update - Podcast # 18

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This week's New Jersey Legal Update will discuss New Jersey's Law Against Discrimination and retaliation in the workplace.

You can download the New Jersey Legal Update Podcast # 18 here.(21.2MB)

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New Jersey Legal Update - Podcast # 17

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This week's New Jersey Legal Update will discuss the Third Circuit's recent decision in Reichley v. Pennsylvania Department of Agriculture (2005 WL 2861989). In this case, plaintiffs alleged their substanative and procedural due process rights under the 14th Amendment were violated when their flock of birds was purchased and then destroyed by Penn Ag Industries in order to prevent a potential outbreak of avian flu.

This week's New Jersey Legal Update is presented by Thomas Onder a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 17 here.(7.25MB)

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New Jersey Legal Update - Podcast #16

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This week's New Jersey Legal Update podcast will discuss IBM's recent announcement that it will not use genetic information when making employment decisions or when determining eligibility for employee health care programs.

You can download the New Jersey Legal Update Podcast # 16 here.(12MB)

New Jersey Legal Update - Podcast #15

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This week's New Jersey Legal Update podcast will discuss the fast approaching deadline requiring that certain hedge funds register for regulation by the Securities and Exchange Committee.

This week's New Jersey Legal Update is presented by Dan Munley a member of the Firm's Securities group.

You can download the New Jersey Legal Update Podcast # 15 here.(14.5MB)

New Jersey Legal Update - Podcast # 14

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This week's New Jersey Legal Update podcast will discuss the Bankruptcy Abuse Prevention and Consumer Act that goes into effect on Monday October 17, 2005. While the Act will mostly impact personal bankruptcy filings, there are also provisions that businesses such as retail chains and commercial landlords need to be aware of.

This week's New Jersey Legal Update is presented by Timothy Duggan, Chair of the Firm's Bankruptcy & Creditor's Rights group.

You can download the New Jersey Legal Update Podcast # 14 here.(10.5MB)

New Jersey Legal Update - Podcast # 13

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This week's New Jersey Legal Update podcast will discuss an employers right to monitor their employees use of the internet, email, voicemail and telephone.

You can download the New Jersey Legal Update Podcast # 13 here.(7.8MB)

Estate Planning and Long Term Care Insurance Podcast

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This week's podcast will be of a Estate Planning and Long Term Care Insurance seminar which we held in our office on Tuesday September 27, 2005.

The seminar included a presentation by Allen Silk and Rosemary Durkin, members of the Firm's Trusts & Estates group. Also presenting at the seminar was Richard Oring of Oring and Company who discussed long term care insurance.

You can listen to the presentation here (67MB).

You can also download PDF versions of the PowerPoint slides which were used.

Protecting Your Family: Estate Planning

Long Term Care

New Jersey Legal Update - Podcast #12

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This week's New Jersey Legal Update will discuss tips for commercial landlords to follow when a tenant files for bankruptcy.

This week's New Jersey Legal Update is presented by Thomas Onder a member of the Firm's Bankruptcy & Creditor's Rights Group.

You can download the New Jersey Legal Update Podcast # 12 here.(9.2MB)

New Jersey Legal Update - Podcast #11

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This week's New Jersey Legal Update podcast will discuss retaliation in the workplace and what it means for New Jersey employers.

You can download the New Jersey Legal Update Podcast # 11 here.(14MB)

New Jersey Legal Update - Podcast #9

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This week's New Jersey Legal Update podcast will discuss expanding your business through franchising.

This week's podcast is presented by Adam Siegelheim, a member of the Firm's Franchise group.

You can download the New Jersey Legal Update Podcast # 9 here(10MB).

New Jersey Legal Update - Podcast #8

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This week's New Jersey Legal Update podcast will discuss the New Jersey Consumer Fraud Act and what it means to businesses in the Garden State.

This week's New Jersey Legal Update is presented by Scott Unger, a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 8 here.(14MB)

New Jersey Legal Update - Podcast #7

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This week's New Jersey Legal Update podcast will discuss the New Jersey Supreme Court's recent decision in Banco Popular North America v. Suresh Gandhi. In this matter, the Court examined the question of whether a creditor has a cause of action against an attorney who counseled and assisted the debtor to transfer assets to the detriment of the creditor.

This week's New Jersey Legal Update is presented by Timothy Duggan, Chair of the Firm's Bankruptcy & Creditor's Rights group.

You can download the New Jersey Legal Update Podcast # 7 here.(14MB)

New Jersey Legal Update - Podcast #5

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This week's New Jersey Legal Update podcast will feature the New Jersey Supreme Court's decision in Gerety v. Atlantic City Hilton Casino Resort, which was decided July 25, 2005. This decision is important for all New Jersey employers as it applies both the state's anti-discrimination law, the "Law Against Discrimination" and federal medical leave requirements to pregnant employees.

You can download the New Jersey Legal Update Podcast # 5 here.(13MB)

New Jersey Legal Update - Podcast #4

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This week's New Jersey Legal Update will discuss recent decisions that will impact human resource professionals, commercial entities including those involved in the leisure industry as well as property owners. The decisions discussed include:

Singer v. Beach Trading Co., Inc. (N.J. App. Div. 2005)
Deas v. St. Mary Hospital, et al. (N.J. App. Div. 2005)
Dimatties , et vir. v. Incollingo's Market, Inc. (N.J. App. Div. 2005)
Dilemmo-Tammero, et vir. v. Dempsey, etc., et al. (N.J. App. Div. 2005)
Murphy v. Township of Green (N.J. App. Div. 2005)

This week's New Jersey Legal Update is presented by Thomas Onder a member of the Firm's Litigation group.

You can download the New Jersey Legal Update Podcast # 4 here.(9.2MB)

New Jersey Legal Update - Podcast #3

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This week's New Jersey Legal Update discusses recent decisions that limit the scope of the New Jersey Consumer Fraud Act, define the parameters of the Absolute Litigation Privilege, broaden the breadth of probability cause and expand the State's immunity provisions under the New Jersey Torts Claims Act. The decisions discussed include:

Sickles v. Cabot Corp. (N.J. App. Div. 2005)
Williams v. Kennedy (N.J. App. Div. 2005)
Scannavino v. Dowd (N.J. App. Div. 2005)
Mackin, etc. v. Ciliberti. (N.J. App. Div. 2005)

You can download the New Jersey Legal Update Podcast # 3 here.(3.9MB)

New Jersey Legal Update - Podcast #2

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This week's New Jersey Legal Update will discuss recent decisions that will impact the relationships between employers and their employees. The decisions discussed include:

Morales v. Board of Review (N.J. App. Div. 2005)
Raggio v. Board of Review (N.J. App. Div. 2005)
McDowell v. Axsys Technologies (D.N.J. 2005)
Karraker v. Rent-A-Center Inc. (7th Cir. 2005)


You can download the New Jersey Legal Update Podcast # 2 here.(7.0MB)

Audiocast - New Jersey Planning and Zoning Seminar

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Stark & Stark is happy to post its first podcast.

On Thursday February 10 2005, Gary Forshner, a member of the Firm's Commercial Real Estate Group conducted a Luncheon Seminar for the Mercer County Bar Association - Real Estate Section.

The seminar, Planning and Zoning 101, addressed issues concerning:

* Site Plans, Subdivisions, Variance and Other Appeals
* The Role of Municipal Officials and Boards
* State and Outside Agency Approval
* Superior Court Appeals - Complaints in Lieu of Prerogative Writs

You can listen to an audiocast of Gary's presentation here.

If you would like to download a copy of the program's agenda, click here (PDF).