Archive: 2021
The Benefits of Getting a Survey When Purchasing a Home
Mar 23, 2021 | Written by: | Share
As a home buyer prepares for closing, a question that usually comes up is “Do I need a survey?” The answer is, generally, yes. Often, the lender will require that a survey be obtained, but...
“Ongoing Storm Rule” May Be a Thing of the Past for NJ Homeowners
Mar 17, 2021 | Written by: | Share
In a recently unpublished case, the NJ Superior Court’s Appellate Division applied the holding in Pareja to a private homeowner. Berniz v. Atkins, No. A-1537-19T1, 2020 WL 5949797, at *2 (N.J....
What Employers Need to Know About the American Rescue Plan Act of 2021 (ARPA)
Mar 17, 2021 | Written by: | Share
President Joseph R. Biden signed the American Rescue Plan Act of 2021 on March 11. The Act provides $1.9 trillion in relief funds across a broad range of areas. The following provisions are...
Binding Mediation: Is It Possible?
Mar 17, 2021 | Written by: | Share
In certain circumstances, binding mediation may be an option. Depending on the attorneys, clients, and mediator, it may be possible, but, of course, each case is extremely fact-specific and each...
Applicability of Contractually Mandated Arbitration Clauses to Third Parties
Mar 9, 2021 | Written by: | Share
Many courts recognize arbitration as “a favored means of dispute resolution” over litigation, provided there is a knowing waiver of the right to a trial. Hojnowski v. Vans Skate Park, 187 N.J....
The Impact of Daniel’s Law on Local Municipalities
Mar 5, 2021 | Written by: | Share
In November 2020, the State of New Jersey enacted Daniel’s Law, which aims to provide privacy protection to those who protect all of us (judges, prosecutors, and law enforcement officers).
Public Common Carriers Held to Same Negligence Standard Under TCA as Other Common Carriers
Mar 5, 2021 | Written by: | Share
In Maison v. New Jersey Transit Corp., No. 083484, 2021 WL 608269 (N.J. Feb. 17, 2021), the New Jersey Supreme Court decided for the first time that public common carriers are held to the same...
What is a Real Estate Partition Action?
Mar 2, 2021 | Written by: | Share
A partition action is a lawsuit seeking to divide a piece of property between multiple joint owners. The preferred remedy of a partition action is to divide the property into multiple smaller pieces...
Estate and Gift Tax Planning Basics
Mar 1, 2021 | Written by: | Share
There are two ways to transfer assets for estate planning and asset protection planning purposes. You (“Donor”) can either gift-transfer the assets to the beneficiary (“Donee”) during your...
Proposed Bill Will Significantly Alter Employer’s Right to Require and Enforce Restrictive Covenants
Feb 26, 2021 | Written by: | Share
A proposed bill will soon be reviewed by the New Jersey Assembly Labor Committee that will limit an employer’s ability to impose non-compete agreements on employees in New Jersey.