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Terri Ackerman

Practical Business Considerations for Artists

It can sometimes be difficult for artists to focus on the business aspect of their profession. Creating art is their passion, and the business end of it can seem unimportant, or even overwhelming. It is important for every… more

Artists, Business Entities, Domestic Corporations, Income Taxes, Limited Liability Company (LLC)

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William Burnett

Amendments to Delaware General Corporation Law

On March 25, Delaware amended two (2) sections of the Delaware General Corporation Law (“DGCL”) in response to reports that prominent corporations are considering leaving Delaware in light of several significant court decisions… more

Board of Directors, Breach of Duty, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Eric Clendening

Trademarks and Generative AI 101

With the rise of generative artificial intelligence (“GenAI”), many are wondering how it will affect intellectual property law. While much has been written on the subject of copyright law – and the numerous gray areas that will… more

Artificial Intelligence, Brand, Copyright, Intellectual Property Protection, Machine Learning

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Jeff Cohen

The House Settlement: College Athletics Panacea or Pandora’s Box?

On June 6, 2025, U.S. District Judge Claudia Wilken approved a settlement allowing NCAA schools to pay student-athletes in an agreement now simply known as The House Settlement. The House Settlement directly resolved outstanding… more

Alston v NCAA, Antitrust Litigation, Antitrust Violations, College Athletes, Colleges

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Courtney Dolaway

August Is National Make-A-Will Month: Here’s Why It Matters

August is National Make-A-Will Month, a timely reminder for individuals and families to prioritize one of the most important — and often overlooked — aspects of long-term planning: creating a Last Will and Testament. While… more

Beneficiaries, Charitable Donations, Estate Planning, Executors, Guardianships

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Jonathan Ellis

Corporate Transparency Act Update - FinCEN Interim Rule

On March 21, FinCEN issued an interim rule that implements the reduced scope of the Corporate Transparency Act (“CTA”) previously announced on March 2… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, FinCEN, Foreign Corporations

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Daniel Epstein

Trends in Arbitration Agreements

The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused to… more

Ambiguous, Appellate Courts, Arbitration, Arbitration Agreements, Contract Disputes

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Lee Epstein

Ninth Circuit COVID Coverage Ruling Misapplies Burden Of Proof

In a series of recent rulings, the U.S. Court of Appeals for the Ninth Circuit continued a federal appellate trend by affirming the dismissal of three COVID-19 insurance coverage cases. In Mudpie Inc. v. Travelers Casualty… more

Appeals, Burden of Proof, Coronavirus/COVID-19, Insurance Industry, Property Damage

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Allen Fineberg

New Retirement Plan Hardship Distribution Rules: What You Need to Know

The IRS recently amended the rules applicable to hardship distributions from 401(k) and 403(b) plans. The new hardship distribution regulation relaxes some of the restrictions on the availability of hardship distributions and… more

401k, 403(b) Plans, Administrative Procedure, Amended Rules, Benefit Plan Sponsors

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Adam Gersh

Back to the Future: Texas Court Puts A Stop To The DOL's Expanded Salary Thresholds

On November 14, 2024, a federal judge in the Eastern District of Texas issued an order vacating the recent U.S. Department of Labor (“DOL”) Final Rule, which raised the minimum salaries employers had to pay certain employees… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Minimum Salary

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Harry Giacometti

Why Purchasing Commercial Assets in a Bankruptcy Sale May Be a Good Business Strategy

Businesses generally file for bankruptcy because of financial challenges or operational issues. But, while their distressed business dissolves, there could be an opportunity for another business to acquire it through a purchase… more

Bankruptcy Code, Bankruptcy Court, Business Strategies, Buyers, Commercial Bankruptcy

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Mariel Giletto

Amendments to Delaware General Corporation Law

On March 25, Delaware amended two (2) sections of the Delaware General Corporation Law (“DGCL”) in response to reports that prominent corporations are considering leaving Delaware in light of several significant court decisions… more

Board of Directors, Breach of Duty, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Stephen Greenberg

OIG Issues New Special Fraud Alert on Speaker Programs

On November 16th, the Office of the Inspector General (OIG) issued a new Special Fraud Alert warning against participation in some so-called Speaker Programs, either by accepting remuneration for speaking at these programs or… more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Fraud, OIG, Speaker Programs

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Anthony Gruzdis

Amendments to Delaware General Corporation Law

On March 25, Delaware amended two (2) sections of the Delaware General Corporation Law (“DGCL”) in response to reports that prominent corporations are considering leaving Delaware in light of several significant court decisions… more

Board of Directors, Breach of Duty, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Joseph Hayes

NJ Passes New Workaround Rule for SALT Deductions

On January 13, 2020, New Jersey Governor Phil Murphy signed into law the “Pass-Through Business Alternative Income Tax Act” (the Workaround Act). The Workaround Act establishes an elective entity level tax on an individual’s… more

Governor Murphy, Income Taxes, Limited Liability Company (LLC), New Legislation, Partnerships

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Jennifer Johnson

What You Need to Know About Your New Jersey Municipality’s Zoning & Land Use Laws

Before starting a real estate or land development project at your South Jersey home or business location, it is essential to understand the basics of municipality land use laws. In New Jersey, every municipality is allowed… more

Land Developers, Land-Use Permits, New Jersey, Real Estate Development, Zoning Laws

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Marty Judge

Non-PFAS Fire Fighting Foam

The FAA ended 2024 by issuing a National Part 139 CertAlert (No. 24-11) concerning Output Based Testing After Completion of Fluorine Free Foam (F3) Transition. The Alert specifies the types of testing that must be done on ARFF… more

Airports, Aviation Industry, Federal Aviation Administration (FAA), PFAS, Toxic Chemicals

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Elissa Kerr

Texas Court Puts a Stop to FTC's Non-Compete Ban

On August 20, 2024, a Texas Federal Court issued a nationwide bar on the enforcement of the Federal Trade Commission (“FTC”) rule banning nearly all non-compete agreements (the “Final Rule”), which, as we have previously… more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Coraleine Kitt

Critical Things to Know About the 5 State Privacy Laws That Took Effect in January 2025

Five new state privacy laws took effect in January 2025—Delaware (DPDPA), Iowa (ICDPA), Nebraska (NDPA), New Hampshire (NHPA), and New Jersey (NJDPA)—adding to the compliance maze for businesses operating across state lines… more

Consumer Privacy Rights, Data Collection, Data Management, Enforcement Actions, New Legislation

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Mitchell Kizner

Business Interruption Insurance for COVID-19

With the government shutdown of businesses due to the COVID-19 virus, many business owners are wondering if there is insurance coverage for their revenue losses. As an insurance coverage lawyer who deals with these types of… more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims

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John Koch

Waiving a Liability Insurer’s Right to Subrogation – Is it Appropriate?

When it comes to negotiating the insurance and risk-shifting terms of any garden variety business contract, the oft-used but rarely understood—or vaguely understood— “waiver of subrogation” arguably takes the lead for provisions… more

Insurance Industry, Insurer Liability, Negotiations, Subrogation, Waivers

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Jordan LaVine

USPTO Implements Significant Changes To Trademark Application Filing Procedures And Fees

On January 18, 2025, the U.S. Patent and Trademark Office (“USPTO”) implemented significant changes to trademark application filing procedures and fees. The changes will result in higher costs and fees for trademark applicants… more

Filing Fees, Final Rules, Madrid Protocol, Regulatory Requirements, Trademark Application

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Jay Levin

Eight Steps to Recovering Under Your Florida or New Jersey Hurricane Insurance Policy

The threat of hurricanes is very real for southern states from Texas to Florida and eastern states from Florida to New Jersey, New York, and even Maine during the six-month long Atlantic hurricane season, which runs from June 1… more

Business Interruption, Business Losses, Disaster Preparedness, Documentation, Hurricane Season

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Daniel Markind

IRS Issues New Guidance For Renewable Energy Tax Credits

The IRS continues to issue guidelines regarding the tax credit provisions of Sections 45Y and 48E of the Internal Revenue Code, as amended (IRC). The latest notice was issued as Notice 2025-42 on Aug. 15, 2025 (Notice)… more

Energy Sector, Energy Tax Incentives, Internal Revenue Code (IRC), IRS, New Guidance

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Matthew Meltzer

IRS Issues New Guidance For Renewable Energy Tax Credits

The IRS continues to issue guidelines regarding the tax credit provisions of Sections 45Y and 48E of the Internal Revenue Code, as amended (IRC). The latest notice was issued as Notice 2025-42 on Aug. 15, 2025 (Notice)… more

Energy Sector, Energy Tax Incentives, Internal Revenue Code (IRC), IRS, New Guidance

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Christopher Merrick

Practical Business Considerations for Artists

It can sometimes be difficult for artists to focus on the business aspect of their profession. Creating art is their passion, and the business end of it can seem unimportant, or even overwhelming. It is important for every… more

Artists, Business Entities, Domestic Corporations, Income Taxes, Limited Liability Company (LLC)

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Meghan Moore

Three Steps You Can Take Now To Ensure Your Insurance Policy Can Weather Florida Hurricane Season

This year is predicted to be an active hurricane season in Florida and the southeastern United States. If you own property in Florida and other hurricane-prone areas, having the right hurricane insurance in place to protect your… more

Flood Insurance, Florida, Hurricane Season, Insurance Industry, Property Damage

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David Neufeld

Corporate Transparency Act Update - FinCEN Interim Rule

On March 21, FinCEN issued an interim rule that implements the reduced scope of the Corporate Transparency Act (“CTA”) previously announced on March 2… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, FinCEN, Foreign Corporations

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Aakash Patel

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead to… more

Administrative Procedure Act, Chevron Deference, Injunctive Relief, Intellectual Property Protection, International Trade Commission (ITC)

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Michael Piscitelli

Impact of Federal Circuit’s Opinion in 'Athena' on Medical Diagnosis Patents

Is a new method of diagnosing a disease patentable? Can it survive a motion to dismiss? And, irrespective of the current precedent, should a new method of diagnosing a disease be patentable? These are questions the U.S. Court of… more

Appeals, Appellate Courts, Certiorari, Diagnostic Method, Federal Rule 12(b)(6)

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Steven Poulathas

NJ Passes New Workaround Rule for SALT Deductions

On January 13, 2020, New Jersey Governor Phil Murphy signed into law the “Pass-Through Business Alternative Income Tax Act” (the Workaround Act). The Workaround Act establishes an elective entity level tax on an individual’s… more

Governor Murphy, Income Taxes, Limited Liability Company (LLC), New Legislation, Partnerships

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Steven Sacharow

Jane’s Top Tips for Planning for the Elderly and the Disabled In light of the Tax Cuts and Jobs Act of 2017

Last week, my colleague, Steven Sacharow, Esquire, an outstanding and personable attorney who limits his practice to family law, adoptions, and “corporate divorces,” and I, co-presented a seminar addressing how the new federal… more

ABLE Accounts, Disability, Divorce, Elder Issues, Long-Term Care

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Alma Saravia

NJEDA Establishes Diversity Finance Advisory Board

On September 21st, the New Jersey Economic Development Authority (NJEDA) announced its plans to increase the capital available to minority-owned and women-owned startup companies through the formation of its Diversity Finance… more

Diversity, Economic Development, Minority-Owned Businesses, New Jersey, Venture Capital

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Lauren Schwimmer

Changes to “Mansion Tax” and “Controlling Interest Transfer Tax” in New Jersey

Signed into law by Governor Murphy on June 30, 2025 (effective July 10, 2025), New Jersey Bill S4666 made significant changes to New Jersey’s transfer taxes… more

Buyers, New Jersey, New Legislation, Real Estate Transactions, Real Estate Transfers

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Douglas Stanger

New Jersey Real Estate Tax Appeal Deadline Approaching, April 1st for Many

The deadline to file your commercial or residential real estate tax appeal in most municipalities in New Jersey is April 1st. This past year, many commercial property owners have experienced a decrease in revenue and some are… more

Appeals, Filing Deadlines, New Jersey, Property Tax, Real Estate Market

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Tami Bogutz Steinberg

NJEDA Establishes Diversity Finance Advisory Board

On September 21st, the New Jersey Economic Development Authority (NJEDA) announced its plans to increase the capital available to minority-owned and women-owned startup companies through the formation of its Diversity Finance… more

Diversity, Economic Development, Minority-Owned Businesses, New Jersey, Venture Capital

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Damien Tancredi

Pennsylvania’s Business Relief Efforts in the Wake of COVID-19

In the past few weeks, the Commonwealth of Pennsylvania has put forth several relief efforts directed towards businesses in an effort to alleviate the strain caused by the outbreak of COVID-19 or coronavirus. Governor Wolf’s… more

Coronavirus/COVID-19, Financial Distress, Governor Wolf, Relief Measures, Small Business

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Michele Tarantino

NJEDA Establishes Diversity Finance Advisory Board

On September 21st, the New Jersey Economic Development Authority (NJEDA) announced its plans to increase the capital available to minority-owned and women-owned startup companies through the formation of its Diversity Finance… more

Diversity, Economic Development, Minority-Owned Businesses, New Jersey, Venture Capital

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H. Matthew Taylor

New Jersey Passes Pay Transparency Law: What Employers Need to Know

On June 1, 2025, a new law became effective that requires employers in New Jersey to publicize salary ranges and benefits information with any new job posting… more

Compensation & Benefits, Disclosure Requirements, Employee Rights, Employee Training, Employer Responsibilities

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Steven Usdin

What Does My Company Need To Know Before Acquiring Another Company In Financial Distress?

We have been asked many times to assist a client in the purchase of another business that has been experiencing financial difficulties. While the purchase can be a significant advantage to your company, there are several items… more

Acquisitions, Due Diligence, Financial Distress, Liens, Loans

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Frank Wisniewski

New Jersey Real Estate Tax Appeal Deadline Approaching, April 1st for Many

The deadline to file your commercial or residential real estate tax appeal in most municipalities in New Jersey is April 1st. This past year, many commercial property owners have experienced a decrease in revenue and some are… more

Appeals, Filing Deadlines, New Jersey, Property Tax, Real Estate Market

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Alan Zuckerman

NJ Tax Break for Small Businesses

On March 20, 2025, New Jersey lawmakers advanced a measure that would bring the New Jersey Gross Income Tax into closer conformity with federal law regarding the income tax treatment of “qualified small business stock,” or… more

Capital Gains, Income Taxes, Internal Revenue Code (IRC), New Legislation, Qualified Small Business Stock

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Flaster Greenberg PC

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