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Marshall Kizner is a member of Stark & Stark’s Bankruptcy & Creditor’s Rights Group, where he practices in the area of commercial litigation, focusing on the representation of secured and unsecured lenders in workouts and litigation in state court and federal court. Mr. Kizner also focuses his practice on real property tax appeals, real estate litigation, condemnation, eminent domain, valuation litigation, landlord-tenant litigation, and lease disputes.

On May 28, 2020, Governor Murphy signed legislation to fix the deadline to file property tax appeals for the 2020 year to July 1. The regular tax appeal deadline was April 1 (or May 1 for municipalities undergoing a reassessment or revaluation.) The Supreme Court previously extended the deadline due to the COVID-19 public health crisis, but the final deadline was not fixed by the Court. The new law now establishes July 1 as the firm deadline. The law also extends the time frame to September 30, 2020 for the county boards of taxation to decide appeals.

Continue Reading New Jersey Property Tax Appeal Filing Deadline Extended to July 1, 2020

In a recent opinion, the Third Circuit ruled that an arbitrator, not a state or federal judge, should decide claims raised by workers alleging that they were mischaracterized as “independent contractors” in violation of the New Jersey Wage Payment Law (“WPL”), N.J.S.A. § 34:11-4.1 et seq.

Continue Reading Third Circuit Rules Class Action Wage Claim Should be Arbitrated Under Franchise Agreement

As a result of the COVID-19 coronavirus public health crisis, on March 19, 2020, the New Jersey Supreme Court issued an order extending the filing deadline for local property tax appeals from April 1st to at least May 1st.

Pursuant to the terms of the order, the filing deadline was extended to May 1, 2020 or 30 days following a determination by the governor that the State of Emergency declared under Executive Order No. 103 has ended.


Continue Reading New Jersey Property Tax Appeal Filing Deadline Extended to May 1st

Your company’s recipes, methodologies and customer base are what distinguish it from the competition. If this information is disclosed to third parties, it could detrimentally hurt your business because a competitor could seemingly replicate the same or similar beverage. It is important that you protect your company’s trade secrets, customer relationship and other confidential information from employees, especially the brew master or distiller, in the event the employment relationship ends.
Continue Reading Protecting Your Brewery, Brew Pub or Distillery’s Trade Secrets, Confidential Information and Customers From Former Employees

If you are considering venturing into the distillery business, in New Jersey, Pennsylvania, or any other state, it is important to know what the Federal Government’s rules, regulated through the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), provide for the location, use of plants and production of distilled spirits. The following article highlight’s the TTB’s rules and regulations:
Continue Reading Federal Government’s Restrictions on Production, Location, and Use of Plants for the Production of Distilled Spirits

A new bill in New Jersey was introduced last week which would amend the 2012 law that established microbreweries in the state and governs their operations and restrictions.

This is the first attempt so far to legislatively address the craft brewing industry after a special ruling was issued by the New Jersey Division of Alcoholic Beverage Control (ABC) which implemented restrictions on events and other brewery operations. The ruling was suspended indefinitely only a week later after significant public backlash from both brewers and state government officials.


Continue Reading New NJ Bill Aims to End Craft Brewery Tours & Add Food Vendors

On September 24, 2018, a special ruling issued by New Jersey Division of Alcohol Beverage Control (ABC) limited the type of activities that New Jersey craft breweries were allowed to conduct. Only a week later, the ruling has been indefinitely suspended due to public outcry.

The ruling affected the 88 limited breweries already in existence as well as 23 operations that have applications pending. However, the ruling was met with significant criticism and backlash from brewers as well as state government officials, and just a week later the ABC announced that it would be suspending the ruling. The suspension will remain in effect until ABC meets with craft breweries, alcoholic beverage license holders, and lawmakers to iron out new regulations, whether they come through the division itself or new legislation.


Continue Reading Special Ruling Aimed at Restricting NJ Craft Breweries Indefinitely Suspended

Travelers at the Newark Liberty International Airport may soon be able to imbibe in adult beverages after hours. Legislation expanding the hours the airport is allowed to serve alcohol was unanimously approved by an Assembly panel. Bill A-2419 would allow bars and restaurants operating within an international airport to sell alcoholic beverages between the hours of 8 am and 4 am.

Usually, local municipalities establish by ordinance the hours when alcoholic beverages may be sold for consumption on the premises.
Continue Reading Newark Airport Bars May Soon Be Open After Hours

Attorney General Christopher S. Porrino and the Division of Alcoholic Beverage Control announced a settlement with a Hunterdon county craft beer wholesaler, resulting in a record $2 million fine for alleged trade practice violations.

The Division alleged that Hunterdon Brewing Company LLC sold draft beer tap systems below fair market prices and mislabeled the charges as “miscellaneous” on invoices to conceal them. The Division alleged that the company also ignored credit regulations for at least 700 retail customers. In addition to reviewing thousands of documents, the Division compiled sworn statements from more than two dozen retail licensees.


Continue Reading Craft Beer Wholesaler to Pay $2 M Fine to Settle Trade Practice Violations

Legislation geared towards establishing a loan program for vineyard and winery capital expenses was released by the Assembly Commerce and Economic Development last month. The bill (A-4274) would direct the New Jersey Economic Development Authority (“EDA”), in consultation with the Department of Agriculture (“Department”), to create a loan program and application process for the purpose of supplying loans to certain eligible vineyards or wineries to pay for qualified capital expenses.

Continue Reading Legislation to Expand Lending for NJ Vineyards and Wineries