Stark & Stark - New Jersey Law Blog

Stark & Stark Shareholder Presents Seminar on New Jersey's Community Associations, Solar Energy and Legal Issues

Stark & Stark — Thu, 11 Mar 2010 08:00:18 -0500

David J. Byrne, Shareholder and Co-Chairperson of Stark & Stark's Community Association Group presented materials related to legal issues connected with community associations and solar energy, during a seminar entitled "Community Associations, Solar Energy & Legal Issues".

The presentation was part of Wentworth Property Management's Solar Symposium, held at the Renaissance @ Manchester Association on February 18, 2010. Mr. Byrne focused his presentation on the rights and limitations of boards in relation to solar power. He discussed the fiduciary duties of community associations, the interpretations of restrictive covenants and the enforcement of rules, all in connection with solar power.

You can download the full presentation online here. (13.4 MB)

Stark & Stark Shareholder Presents Seminar on condominiums and the new guidelines of the FHA, Fannie Mae and Freddie Mac

Stark & Stark — Thu, 04 Mar 2010 08:09:00 -0500

David J. Byrne, Shareholder and Co-Chairperson of Stark & Stark's Community Association Group presented materials related to lending-related guidelines and condominiums, during a seminar entitled "FHA, Fannie Mae & Freddie Mac: New Guidelines Impacting Your Association".

The presentation was made to the Pennsylvania and Delaware Valley Chapter of the Community Association Institute on February 18, 2010, in Mt. Laurel, New Jersey. Mr. Byrne focused his presentation on the new guidelines issues by the Federal Housing Administration ("FHA"), the Federal National Mortgage Agency ("Fannie Mae") and Federal Home Loan Mortgage Corporation ("Freddie Mac") in relation to loans made in condominiums. He explained the new guidelines, outlined the eligibility rules and discussed the requirements connected with FHA, Fannie Mae and Freddi Mac lending.

You can download the full presentation online here. (26.8 MB)

A Primer on Green Leases: Special considerations that permeate the negotiation process

Stark & Stark — Tue, 02 Mar 2010 08:11:23 -0500

Vincent J. Mangini, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, authored the article A Primer on Green Leases: Special considerations that permeate the negotiation process for the March 1, 2010 edition of the New Jersey Law Journal.

Mr. Mangini discusses how the introduction of green building principles and the heightened interest in energy efficiency and cost savings has begun to influence the negotiation and operation of commercial leases and the build-out of tenant improvements. The article presents a summary and analysis of the issues that landlords and tenants should be aware of and what they need to build into their due diligence when dealing with a high-performance building.

You can read the full article online here. (PDF)

Stark & Stark Shareholder Comments on Protocol Overhaul

Stark & Stark — Mon, 01 Mar 2010 08:40:34 -0500

Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 26, 2010 Registered Rep article, Some Predict Broker Protocol Overhaul. The article addresses the possibility of an overhaul to the Protocol for Broker Recruiting in the wake of increased lawsuits and constant movement of advisors as they switch firms. When the protocol was first created, it was an exclusive pact between three wirehouse firms put in place to prevent expensive litigation every time an advisor switches firms. Today, there are approximately 420 signatories to the agreement, and recently, some firms are adding letters to clarify their participation in the protocol.

Mr. Lewis states that it could become very unruly if each company began including its own letters and sets its own rules as to compliance or noncompliance with the protocol. Mr. Lewis believes that the protocol will become ineffective at that point, and something has to be done as to the clarification letters because there is no telling where it may stop.

You can read the full article online here. (PDF)

Hot Topics in Family Law: College Expenses, Inherited Funds, Out of State Relocation & Medical Expenses

Stark & Stark — Fri, 26 Feb 2010 08:09:02 -0500

In this installment of Legal Lines, Stark & Stark Divorce attorney, Corrine Evanochko, addresses various questions that family law practitioners are most commonly asked. This discussion will surely knock a couple of questions off of your list if you are contemplating or know someone who is considering pursuing a divorce in New Jersey.

•    College Contribution – Is it really mandatory?
•    Inherited Funds – Subject to Equitable Distribution?
•    Out of State Relocation
•    Unreimbursed Medical Expenses

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 6 from Stark & Stark on Vimeo.

Stark & Stark Shareholder Comments on Increase in Suits in Response to Protocol for Broker Recruiting

Stark & Stark — Thu, 25 Feb 2010 11:19:32 -0500

Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 24, 2010 FinancialPlanning.com article, The Recruiting Wars Turn Nasty. The article discusses the Protocol for Broker Recruiting and the recent decrease in firms suing each other over poached advisors. The article goes on to discuss some of the recent more highly publicized cases which have advisors, and their attorneys, questioning whether or not the days of increased claims and counterclaims are about to return.

Mr. Lewis discusses the fact that both Goldman Sachs and Credit Suisse have not signed on to the protocol, and Mr. Lewis states that Goldman Sachs in particular takes the attitude that the clients belong to the firm, not the advisor, and therefore should not move if an advisor defects.

You can read the full article here. (PDF)

Stark & Stark Shareholder Comments on Goldman Sachs Suit

Stark & Stark — Tue, 23 Feb 2010 09:10:31 -0500

Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 19, 2010 On Wall Street article, Goldman Drops Case Against Former Advisors. The article discusses Goldman Sachs' recent decision to drop their case against five former financial advisors and two support staff members (David Greene, Craig Savage, Andrew Thompson, Sharran Srivatsaa, John Pitt, Stephanie Dennard and Kim Tyson). The suit accused the advisors of breaching their non-solicitation agreements by moving to rival firm, Credit Suisse, and attempted to take their clients with them.

Mr. Lewis states that these types of cases are typically settled quickly and the firm who poached the advisors will often agree to pay a portion of the revenue generated by any of the accounts that the advisors’ transferred over for a period of 12 months to their prior firm.

You can read the full article online here.

Stark & Stark Employment Group Chair Comments on Protocol for Broker Recruiting

Stark & Stark — Thu, 04 Feb 2010 09:27:00 -0500

Stark & Stark Employment Group Chair, Thomas B. Lewis, was quoted in the January 20, 2010 RIABiz.com article, Broker protocol may be endangered by complexities as membership starts to explode.

Although recently, a large number of firms have joined the Protocol for Broker Recruiting, three big companies have put limits on the extent to which the no-fault poaching truce applies to them. Though the restrictions have so far been fairly minimal, the number of signatories and the addendum letters by Merrill Lynch, LPL and Ameriprise are raising questions in some lawyers’ minds about whether the Protocol may eventually become difficult to use.

Mr. Lewis states, “You have such an explosion of members, it’s become unwieldy. What’s happening now is that there are certain companies that are trying to limit their exposure under the Protocol, which makes it even more unwieldy.”

You can read the full article here. (PDF)

Summertime Family Law Issues

Stark & Stark — Wed, 03 Feb 2010 08:00:51 -0500

In this installment of Legal Lines, Stark & Stark Divorce attorney, David Beaver, addresses various issues that commonly arise between divorced individuals during the summer months. These tips will hopefully help keep the potential tension level between parties lower than the rising summer temperatures. Some of the most common problems include:

Work Related Child Care Expenses
Summer Camp Enrollment and Expense Allocation
Vacation Parenting Time Requests
Child Support Reductions During Summer Months

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 5 from Stark & Stark on Vimeo.

Oppressed Minority Shareholders Should Be Afforded Protection

Stark & Stark — Tue, 02 Feb 2010 10:22:10 -0500

Stark & Stark Litigation Shareholder, Scott I. Unger, authored the article, Oppressed Minority Shareholders Should Be Afforded Protection: An argument for a revision of the Limited Liability Act, for the February 1, 2010 edition of the New Jersey Law Journal.

The article discusses the fact that the minority oppression statute, which prohibits majority shareholders in closely held corporations from oppressing minority shareholders, was not specifically incorporated in the statutes governing limited liability corporations. Mr. Unger states that the business section of the New Jersey State Bar Association is considering recommending changes to statutes governing limited liability corporations, one major change would be to specifically state that minority members in an limited liability corporation may sue if they are oppressed. Mr. Unger goes on to discuss the importance of the incorporation of those protections and believes that Court's of Equity should utilize and apply the minority oppression statute to limited liability companies.

You can read the full article online here. (PDF)

Stark& Stark Shareholder Discusses Hamilton Square ShopRite Expansion Plans

Stark & Stark — Thu, 21 Jan 2010 09:01:13 -0500

Gary S. Forshner, Shareholder in Stark & Stark's Real Estate Zoning & Land Use Group, was quoted in the January 13, 2010 Trenton Times article, Developer shares plans for enlarged Hamilton ShopRite, and the January 14, 2010 Trenton Times article, ShopRite decision on hold in Hamilton.

The articles discuss the recent plan to renovate the ailing Hamilton Square Shopping Center and enlarge its ShopRite supermarket from 53,000 square feet to 85,789 square feet. The shopping center, located at the corner of Route 33 and Yardville-Hamilton Square Road, currently has a vacancy rate of 30 percent or more.

The plans were introduced last week to the township zoning board and a decision will be made after the board meets for a final vote on the proposal on January 26, 2010 at the Hamilton Township Municipal Building. Mr. Forshner who represents Levin Properties, which owns the site, states, "We need to make sure that the locations along Route 33 are up-to-date, well-tended and rehabilitated. You don't want to end up with a blight situation along Route 33."

Common Misconceptions of Divorce Law (Part Two)

Stark & Stark — Wed, 20 Jan 2010 08:06:49 -0500

In this installment of Legal Lines, Stark & Stark Divorce attorneys, Megan Smith and Joseph Visco, continue the discussion regarding some common misconceptions of divorce litigation. Joseph Visco primarily focuses his family law practice in Pennsylvania, and notes various distinctions between New Jersey and Pennsylvania family law. These differences are discussed by the panelists, and include:

Emancipation Differences In New Jersey And Pennsylvania
College Contribution Obligation Of Divorced Parents
Underemployment and Imputed Income
Payment of Child Support Arrearages
Setting Up A Child Support Probation Account

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 4 from Stark & Stark on Vimeo.

Bankruptcy Do's & Don'ts for Personal Injury Attorneys

Stark & Stark — Wed, 20 Jan 2010 08:04:17 -0500

Stark & Stark Bankruptcy & Creditor’s Rights Group Chair, Timothy P. Duggan, authored the January 18, 2010 New Jersey Law Journal article, Bankruptcy Do’s & Don’ts for Personal Injury Attorneys: Ease your pain with a useful road map for the system.

The article discusses the recent increase in consumer bankruptcy filings and how a bankruptcy filing can impact a personal injury lawsuit. Mr. Duggan offers several “Do’s & Don’ts” in order to assist personal injury lawyers through the United States Bankruptcy Code after their clients have been forced to file for bankruptcy.

You can read the full article online here. (PDF)

Stark & Stark Shareholder Comments on Citigroup's Motion To Dismiss In Bonus Pay Class Action

Stark & Stark — Fri, 15 Jan 2010 08:03:56 -0500

Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Group, was quoted in the January 14, 2010 RegisteredRep.com article, Citi Files Motion To Dismiss In Bonus Pay Class Action. The article discusses Citigroup's recent decision to file a motion to dismiss a class action lawsuit filed against the firm over the terms of its financial advisor bonus pay agreements. The motion was filed with the U.S. District Court for the Southern District of New York this past Monday, January 11, 2010.

Mr. Lewis states that there is a good chance that the court will dismiss the complaint, and goes on to say, “realistically it’s an issue that’s subject to FINRA’s jurisdiction. The plaintiffs tried to get out of the FINRA arbitration by getting class action status for the case. But courts are reluctant to get involved if there is FINRA jurisdiction.”

You can read the full article online here. (PDF)

Common Misconceptions of Divorce Law

Stark & Stark — Thu, 07 Jan 2010 08:00:49 -0500

In this installment of Legal Lines, Stark & Stark Divorce attorneys, David Beaver and Megan Smith, devote the episode to tackling some common misconceptions of divorce litigation. If you are involved in divorce litigation, this is a “must see” episode, as many of the myths surrounding New Family law are debunked. Some of the topics covered in this episode include:

Alimony – Discussion of tax-related issues
Emancipation of children
True effect of marital fault in a NJ divorce proceeding
Inherited funds – Subject to distribution?

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 3 from Stark & Stark on Vimeo.

A. Christopher Florio Installed as President of the New Jersey Chapter of the Community Association Institute

Stark & Stark — Wed, 06 Jan 2010 08:02:44 -0500

Christopher Florio, Shareholder and Co-chair of Stark & Stark's Community Association Group, was recently installed as the 2010 President of the New Jersey Chapter of the Community Association Institute (CAI). Mr. Florio accepted this position at the chapter's annual retreat, held at Clearbrook Community Association, on December 16, 2009. Mr. Florio has been involved with CAI for over 17 years.

Mr. Florio states, "The New Jersey chapter of CAI remains a vibrant entity under the daily leadership of Curt Macysyn, CAI's Executive Director and the stewardship of CAI's recent past-president, Jim Rademacher. I, along with our executive committee and board, intend to continue Jim's efforts of the past year into 2010, including an increase in leadership opportunities to all members who seek these positions in a responsible fashion, an increase in our chapter's member service, and a vigorous promotion of CAI NJ's legislative agenda."

Stark & Stark Files Amicus Brief in Major Product Liability Case Before New Jersey Supreme Court

Stark & Stark — Wed, 23 Dec 2009 18:23:16 -0500

The law firm of Stark & Stark, P.C. has joined forces with the consumer advocacy group, Homeowners Against Deficient Dwellings (HADD), to file an amicus curiae (“friend of the court”) brief urging the New Jersey Supreme Court to uphold a homeowner’s right to pursue tort remedies against manufacturers of defective building components.

The case, Dean v. Barrett Homes, Inc., will mark the first time the New Jersey High Court directly addresses whether and to what extent the so-called “economic loss rule,” originating in the law of product liability, applies to residential construction. Concisely stated, that rule forecloses tort remedies against manufacturers of defective goods for “economic loss,” unless accompanied by personal injury or physical damage to property other than to “the product itself.”

Dean involves the purchase of a pre-owned house incorporating an exterior siding product known as Exterior Insulation and Finish System (EIFS). In their complaint against the EIFS manufacturer, Sto Corp., plaintiff homeowners allege that defects in the system permitted water to infiltrate and damage the underlying wood structure of their home. In dismissing the tort claims against the manufacturer, the trial judge applied the economic loss rule, viewing the entire house as the relevant “product” and the asserted damage to the underlying structure as damage to “the product itself,” unrecoverable in tort. On appeal, a divided panel of the Appellate Division affirmed dismissal of the action.

The question now certified to the Supreme Court is whether a home constitutes a “product” for purposes of defining the manufacturer’s tort liability, and, relatedly, whether a homeowner’s presale notice of an otherwise latent defect in an integrated component of the home acts as a bar to tort recovery as a matter of law.

Stark & Stark, P.C., is representing HADD pro bono as amicus curiae in the appeal. The brief filed on behalf of HADD argues that the trial court and Appellate Division improperly barred the Deans’ claims against the EIFS manufacturer, expanding the economic loss rule well beyond its principled origins. Presenting a detailed explication of the nature and historical underpinnings of product liability in New Jersey, the brief explains how imposing the burden of property damage on building component manufacturers who place the injurious defects in the stream commerce serves the purposes and goals of strict product liability in tort; it allocates the risk of loss to the party basically at fault and relieves the injured homeowner who, because of relative inexperience in the field of home construction, is less able to predict and meet the risk of damage caused by defects lurking in the integrated components of the house.

Attorney of record and Stark & Stark shareholder, John Randy Sawyer, remarked that the “Appellate Division’s decision in Dean stands in stark contrast to nearly fifty years of precedent in New Jersey recognizing and protecting a homeowner’s legitimate interest in safe and sound habitation.” It applies the economic loss rule, Sawyer noted, “as a virtual shield of immunity for component manufacturers, leaving either the homeowner, or an innocent builder, vendor or developer, saddled with the risk of loss created by the defectively manufactured building components.”

The issues presented in Dean are of broad implication and of vital importance to HADD’s core constituency of homeowners, according to the organization’s New Jersey chapter president, Tracy Kelly. “For most people,” Kelly observed, “the purchase of a home is the investment of a lifetime, and the consequences of a defective building component can be both financially and personally devastating.” The need for legal recourse against manufacturers of such products is, according to Kelly, “nowhere more pressing than in the context of home construction.” HADD’s amicus submission is supported by Kelly’s certification, detailing the organization’s mission and nearly 15-year experience of advocacy on behalf of residential consumers.

The attorneys on HADD’s amicus submission are Stark & Stark shareholder, John Randy Sawyer and associate, Joseph D. Gumina. The brief is available online at the Stark & Stark and HADD websites.

Intelligent Investing: The Ralph Kiner Lesson For Wall Street

Stark & Stark — Wed, 23 Dec 2009 12:57:54 -0500

Stark & Stark’s Securities Group Shareholder, Bill Singer, is the author of a weekly column, Intelligent Investing, for Forbes.com. The column focuses on Wall Street regulatory developments and discusses regulation from the individual investor’s point of view. Mr. Singer authored the December 16, 2009 article, The Ralph Kiner Lesson For Wall Street: The old-guard brokerage industry just isn't getting the message, as part of his Intelligent Investing series.

The article discusses the fact that in the past year many customers trusted the advice of Wall Street's biggest brokerage firms and lost most or all of their investments in the process. Mr. Singer states that the excess of poor recommendations, conflicts of interest and insider trading secrets will have a devastating effect to the industry. You can read the full article online here.

Navigating Custody Issues

Stark & Stark — Wed, 23 Dec 2009 08:10:21 -0500

In this installment of Legal Lines, Stark & Stark Divorce attorney, David Beaver, addresses the challenges associated with custody issues within your divorce litigation. Special guest, Robert Rosenbaum, Ph.D, from Bunker Hill Consultation Center, shares his insight regarding what to expect in a contested custody litigation from a forensic psychologist’s perspective.

The episode covers topics such as:

Physical Custody vs. Legal Custody
Parent of Primary Residence Classification
Children’s preferences in the final custody allocation
Realistic expectations for a custody litigation
Shared Parenting Plans

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 2 from Stark & Stark on Vimeo.

Stark & Stark Launches New Website

Stark & Stark — Thu, 17 Dec 2009 08:45:43 -0500

Stark & Stark is pleased to announce the launch of our newly redesigned website. Our website has been streamlined in an effort to provide visitors with easier access to attorney biographies, individual office information and descriptions of the many services Stark & Stark provides.

The new website includes features designed to better serve our clients and visitors, including the ability to subscribe to a variety of e-newsletters offered by individual practice areas, updates on recent blog posts and access to Stark & Stark’s new video blog, Legal Briefs TV. The site also includes links to the 5 independent blogs offered by the attorneys of Stark & Stark including the New Jersey Law Blog, Pennsylvania Law Monitor, Traumatic Brain Injury Law Blog, Nursing Home Law Blog and Construction Litigation Law Blog.