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When Can an Employer Require a Fitness-for-Duty Exam?

Feb 25, 2016 | Written by: Deborah B. Rosenthal, Esq. |

Recently, the Appellate Division found that an employer wrongfully required an employee to undergo a fitness-for-duty examination after receiving an anonymous letter expressing concerns about the...

Municipalities Should Review Their Landlord Registration Ordinances in Light of Timber Glen

Feb 19, 2016 | Written by: Tara A. St. Angelo, Esq. |

Recently, the Appellate Division issued an opinion regarding a municipality’s authority to license residential rental properties pursuant to the New Jersey Licensing Act, N.J.S.A. 40:52-1 et seq. ...

Divorce & Taxes – Top 10 Considerations

Feb 10, 2016 | Written by: Diana N. Fredericks, Esq. |

Taxes and the implications thereof are a significant consideration when preparing for your divorce. You need to be aware of the following concepts and ideas, not only when negotiating your divorce...

If I Remarry, Can My Child Call My New Spouse “Mom” or “Dad”?

Dec 22, 2015 | Written by: Diana N. Fredericks, Esq. |

According to a new, unpublished trial Court opinion issued by Judge Jones, the answer is yes. If the child is of sufficient age and maturity to distinguish between the biological and step-parent, the...

Records Custodian Not Obligated to Respond to Duplicative OPRA Requests or Accommodate Overbroad OPRA Requests

Dec 22, 2015 | Written by: Tara A. St. Angelo, Esq. |

The Appellate Division in Lagerkvist v. Officer of the Governor of the State of New Jersey, et al., Docket No. A-0250-14T3 (Dec. 17, 2015) held that a records custodian did not violate the Open Public...

Charitable Trusts: How to Give to Charity and Your Family

Dec 15, 2015 | Written by: Daniel S. Makoski, Esq. |

A charitable trust exists in three basic forms: a charitable lead trust, a charitable remainder trust, and a trust with a charitable beneficiary. Each trust provides for a different timing of when a...

Avoiding Capital Gains Tax with a Section 1031 Exchange

Dec 9, 2015 | Written by: Lori K. MacWilliam, Esq. |

Taxpayers must generally report any profits made from the sale of a capital asset, and pay to the government any capital gains tax owed. But if a taxpayer is selling real estate, it's possible to...

When Does “HO-HO-HO” Become “WOE, WOE, WOE”? Top 10 Ways to Prevent Your Company Holiday Party from Turning into Potential Litigation

Dec 8, 2015 | Written by: Deborah B. Rosenthal, Esq. |

While many companies sponsor holiday parties, the consumption of alcohol, coupled with dancing and a casual environment, can lead to various types of possible internal complaints and lawsuits. Here...

What is a Trust? And How Can It Change My Estate Plan?

Dec 7, 2015 | Written by: Daniel S. Makoski, Esq. |

In its most simplistic form, a Trust is a separate legal entity that owns assets for the benefit of another person or entity. As part of your estate plan, a properly drafted Trust is a very effective...

Gebhardt & Kiefer Successfully Defends Municipality’s Use of N.J.S.A. 2C:34-7 to Regulate Location of Sexually Oriented Businesses

Dec 4, 2015 | Written by: Tara A. St. Angelo, Esq. |

On November 24, 2015, the Appellate Division issued its decision in favor of Gebhardt & Kiefer’s client, the Township of East Hanover.  Richard Cushing, Esq. argued the appeal on behalf of...