Mr. Hilliard believes that courts typically resist the retroactive application of new legislation and applying new laws to past acts is disfavored, either on constitutional grounds -- such as due process or, in the criminal context, ex post facto constraints -- or under a "manifest injustice" test.

Mr. Hilliard states, "The New Jersey Supreme Court historically has tested the fairness of applying new legislation to past acts by asking whether it is manifestly unjust to apply the law. But the Offer of Judgment rule in New Jersey is a court rule of procedure. In evaluating procedural rules, courts usually apply the "time of decision" rule, which means that the rule in effect at the time of the court's decision applies, even if it has some retroactive effect. No court in New Jersey has ever evaluated a court rule's retroactive effect under constitutional or "manifest injustice" standards, and we argued that it should not do so in this case, primarily because procedural rules usually do not implicate any substantive rights and therefore are not deserving of the same scrutiny applied to legislation."

You can read the full article here.

The article discusses the steps New Jersey municipalities have taken over the past several years in an attempt to increase the safety of their residents, specifically for the children's safety in these areas. The article addresses "Pedophile-Free Zones" ordinances which prohibits sex-offenders from residing in or loitering within 500 feet of schools, parks or playgrounds.

You can read the full article here.

Mon Cheri Bridals, a large wholesale manufacturer of wedding dresses and social occasion dresses, brought suit in U.S. District Court in Trenton, New Jersey against a competitor, Wen Wu and various companies he owned and controlled, alleging that Mr. Wu and his companies infringed on Mon Cheri’s copyrights in its dress designs, and breached a 1999 contract between the companies.

The initial dispute arose in August of 1998 between Mon Cheri and Wu concerning dress designs. Mon Cheri discovered that Wu was marketing his dresses using photographs of more expensive versions that Mon Cheri manufactured and sold.

Wu signed an affidavit swearing that he, and the other companies he owned and controlled, would not infringe upon Mon Cheri’s rights in the future. Mon Cheri later learned that Wu continued to sell dresses that infringed upon Mon Cheri’s copyright and trade dress rights.

 
The case went to trial before the Hon. Anne E. Thompson, U.S.D.J.  After two weeks of trial, on April 4th the jury returned a verdict in favor of Mon Cheri Bridals on its claims for copyright infringement, unfair competition and breach of contract.  The jury awarded Mon Cheri compensatory damages of $324,000 and punitive damages of $375,000, for a total verdict of $699,000. 

Mon Cheri Bridals, Inc. was represented by Craig S. Hilliard, Esq. and Martin P. Schrama, Esq., Shareholders of Stark & Stark’s Litigation Group.

You can read the full article on the Wall Street Journal Online (registration required).

The seminar focused on avoiding litigation and stopping lawsuits before they start. Mr. Byrne discussed strategies for avoiding litigation related to everything from unpaid fees to disputes between neighbors, and discussed and analyzed laws and regulations governing administrative documents.

You can view a copy of the seminar materials here. A full recording of the seminar will be available online next week.

The article discusses the impacts the substantial rule changes set forth by the Trademark Trial and Appeal Board and the United States Patent and Trademark Office will have on trademark opposition and cancellation actions.

You can read the full article here.

Mr. Byrne will present  on avoiding litigation.  During the seminar Mr. Byrne and an experienced property manager will discuss strategies, ideas and ways for cooperatives, condominiums and homeowners associations to avoid litigation.  The speakers will discuss ways unpaid maintenance fees and assessments can be collected, ways regular payments can be assured, without necessarily resorting to counsel. 

They will discuss alternative dispute resolution and conflicts among shareholders, owners, neighbors, boards and others.  Strategies, both practical and legal, to deal with difficult and objectionable shareholder and/or owner conduct will be provided.  Laws and regulations applicable to document retention, and the inspection of records by shareholders and owners, will be reviewed and analyzed."

You can find additional information and ways to register here.

You can read the full article here.

Legal Eagles are chosen annually from hundreds of nominations across the country. Legal Eagles are recognized for their strong reputations among their peers, an active involvement in the franchise community through organizations such as the International Franchise Association and the American Association of Franchisors, and their experience and expertise in the franchise industry.

Rachel Lilienthal Stark concentrates her practice in the representation of start-up and emerging franchisors on a variety of issues including compliance with all federal and state regulations, disclosure documents, acquisitions and financing.

Adam J. Siegelheim focuses his practice in the representation of franchisors in various matters, including the preparation of disclosure documents, state registrations, and compliance with applicable federal and state regulations. Mr. Siegelheim is a member of the International Franchise Association, the American Bar Association Forum on Franchising and the New Jersey Bar Association's Franchise Law Committee.

Mr. Singer comments on the opportunity for the Caribbean markets to consolidate in the wake of the Bear Stearns collapse, and discusses the negative impacts the long delays in consolidating could mean for the Caribbean in relation to global markets.

You can read the full story online here, or download a PDF of the article here.

The article discusses a decision in the New Jersey Supreme Court Case of Totaro, Duffy, Cannova and Company, L.L.C. v. Lane, Middletown & Company, which established new factors in assessing breaches of nonsolitication agreements.

You can read the full article here.

The conference will take place Friday May 2, 2008 at the Bunswick Hilton, in New Brunswick, New Jersey. Additional information, registration forms and CLE credit information can be found here.

You can view the full interview with Mr. Singer here.

The series will help you understand the pro's and con's of becoming a Registered Investment Adviser (RIA), and will will provide you with the opportunity to discuss your options with others in your field, educate yourself on the process of going independent, and learn from industry experts what it really takes to make this move.

Mr. Giachetti is scheduled to present at the series as well as offer a free one-on-one consultation to advisers to discuss an individual's specific legal requirements when going independent. You can access additional information on the workshop, as well as registration information, here.

The Newtown office will be managed by Shareholders Edward Shensky and Henry Van Blunk. Shensky and Van Blunk both joined Stark & Stark in July 2007 as a result of the firm’s merger with Marston & Shensky of Doylestown and Liederbach, Hahn, Foy & Van Blunk of Richboro. Also joining the Newtown office are John Cordisco and Kevin Bradway of Bristol’s Cordisco & Bradway.

Stark & Stark’s Newtown office is comprised of 11 attorneys whose practice focus include Business & Corporate, Accident & Personal Injury, Real Estate, Zoning & Land Use, Workers’ Compensation, Divorce and Trusts & Estates. A complete list of the services provided by Stark & Stark in Bucks County is available at www.bucks-law.com.

For 75 years, Stark & Stark has developed innovative solutions to meet each client’s needs. More than 100 attorneys, 27 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.

Stark & Stark is a regional law firm with a national client base, with offices in Princeton, Philadelphia, Marlton, New York and Newtown.

You can read the full article here (PDF).

You can read the full article here.

The article discusses the recent change in the nation's real estate market, what these changes can mean for a property owner's tax assessments, and address when a tax assessment appeal is warranted.

You can read the full article here.

You can read the full article here.