In The News
Recent reporting featuring the firm or our attorneys:
- Supreme Court Gives Developers Leg Up
Gary S. Forshner and Vincent J. Mangini, Shareholders of Stark & Stark's Real Estate, Zoning and Land Use Group authored the article Supreme Court Gives Developers Leg Up for the June 23, 2008 edition of the New Jersey Lawyer. The article discusses the March 31, 2008 Supreme Court decision in Toll Bros. v. Board of Chosen Freeholders, in which the court held that a developer cannot be required by contract to provide offtract improvements that offend the nexus and proportionality test mandated by constitutional principles and by N.J.S.A. 40:55D-42.You can read the full article here. .... - New Jersey's Municipal Services Act Becomes an Adult: Only act in the union that requires municipalities to provide services to private communities
David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, authored the article New Jersey's Municipal Services Act Becomes an Adult: Only act in the union that requires municipalities to provide services to private communities for the June 23, 2008 edition of the New Jersey Law Journal. The article discusses New Jersey’s Municipal Services Act as it turned 18 earlier this year. The Act states that a municipality must either provide certain services to a private community or reimburse that particular private community the cost of those services, including snow removal, collection of trash or recyclables, and the lighting of roads. Currently, New Jersey remains the only state in the union with such a statute. Mr. Byrne discusses the history of The Act, the effects The Act has had on community associations in New Jersey and how The Act relates to the New Jersey’s Planned Real Estate Development Full Disclosure Act. .... - Minority Oppression Claims: A Primer on Acting, Standing, Remedies and Valuation
Scott I. Unger, Shareholder of Stark & Stark's Litigation group authored the article Minority Oppression Claims: A Primer on Acting, Standing, Remedies and Valuation for the June 16, 2008 edition of the New Jersey Law Journal. The article addresses what constitutes actionable minority oppression, who has standing to assert minority oppression claims, the remedies available to oppressed parties and the meaning of “fair value” with respect to a court-ordered buyout of a minority shareholder’s interest in the closely held company. You can read the full article here. .... - Bill Singer Interviewed on Bear Stearns Hedge-Fund Manager's Indictment
Bill Singer, Shareholder of Stark & Stark's Securities Practice group, was interviewed for Bloomberg Radio regarding the government's case against former Bear Stearns' hedge-fund managers Ralph Cioffi and Matthew Tanni after they were indicted on June 19, 2008. Mr. Singer outlines possible strategies for both the prosecution and defense, and discusses the failure of U.S. regulators prior to the collapse of the mortgage market. You can read a full article discussing the indictment here. You can download the full interview here. (3.8 MB) .... - Regulatory Hammer Strikes Again
Gerald Faber, Shareholder of Stark & Stark's Employment, Business & Corporate and Real Estate, Zoning & Land Use Groups authored the article Regulatory Hammer Strikes Again for the June 9, 2008 edition of the New Jersey Lawyer. The article discusses a company's need to have a clear understanding of the Construction Industry Independent Contractor Act (CIICA), as well as the need for employers to follow the requirements outlined in the Act. Mr. Faber discusses the need for an employer to exercise control over the methods and quality of a worker's performance in order to maintain a positive and productive employment relationship. You can read the full article here. (PDF) .... - Contractors Be Warned: Don't Get Nailed
Michael J. Fekete, member of Stark & Stark's Business & Corporate group, authored the article Contractors Be Warned: Don't Get Nailed for the May 5, 2008 edition of the New Jersey Law Journal.Mr. Fekete's article discusses how contractors can avoid potential liabilities by complying with the New Jersey Home Improvement Contractors Act. While compliance with the regulations alone will not protect a contractor from claims regarding workmanship, adhering to the regulations will reduce the chances that litigation will occur. You can read the full article here. .... - Free Wi-Fi At New Jersey State Bar Association Headquarters
Stark & Stark is proud to support The Law Center, home to both the New Jersey State Bar Association and the New Jersey State Bar Foundation, through a donation which will enable The Law Center to provide wireless internet access to all public areas of the building. For 20 years the Law Center in New Brunswick has been the state’s go-to place for public legal education and professional development for lawyers. Lawyers networking with their colleagues or attending an event at the Law Center need only bring their wireless-enabled laptop computers and turn them on. As long as the computer has a wireless network card installed, it will automatically recognize the network and enable Internet access. “This is a great boon for all visitors but especially for attorneys who need to maintain electronic communication with their offices and clients while participating in a Foundation program, attending a Bar Association meeting or an ICLE [Institute for Continuing Legal Education] .... - How To Start A Business
Cary S. Kvitka, member of Stark & Stark's Franchise and Business & Corporate groups, will present a seminar in association with SCORE of Princeton, Counselors to America's Small Business. SCORE offers free and confidential small business advice to help you build your business from idea to start-up to success. The seminar will focus on what you need to know when starting a business. Mr. Kvitka will discuss: The pros and cons of the three options: buying an existing business; purchasing a franchise; or building your own business. Intellectual property issues, such as trademark or copyright concerns. How to negotiate commercial leases and other vendor contracts. You can access additional information, and registration information, here. .... - Collecting Unpaid Fees and Assessments
David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, presented a seminar at the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute's Annual Conference and Expo on June 3, 2008 entitled Collecting Unpaid Fees and Assessments. Mr. Byrne's presentation included a discussion on liens, foreclosures, limited divestiture, mortgage foreclosures, surplus funds and rent receivership. You can access a copy of Mr. Byrne's presentation materials online here. (PDF) You can listen to Mr. Byrne's presentation here. (15 MB) .... - David Byrne to Present at PA CAI Expo & Conference
On June 3, 2008 David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, will present a seminar discussing the collection of unpaid assessments and foreclosures at the Annual Pennsylvania and Delaware Valley Community Associations Institute Conference and Expo in Valley Forge, Pennsylvania. The seminar is entitled Foreclosure and Collections in Pennsylvania and will begin at 9:00 AM. You can access additional information regarding this and other seminars, as well as a schedule of events for the conference here. Please also visit the CAI website for instructions on how to register for this event. .... - Stark & Stark Shareholders to Present at New Jersey Redevelopment Authority
Gary S. Forshner and Vincent J. Mangini, Shareholders of Stark & Stark's Real Estate, Zoning & Land Use Group, will present a seminar tomorrow at the New Jersey Redevelopment Authority's Redevelopment Training Institute. The seminar will focus on redevelopment standing issues and a discussion on the relevant data needed in order to take a property for redevelopment. The seminar will be held at Thomas Edison State College, tomorrow Thursday May 22, 2008 at 8:30 AM. You can access additional information regarding the seminar and other information provided by the New Jersey Redevelopment Authority here. .... - Successfully Transitioning A Community From Developer to Owner Control
David J. Byrne, Shareholder and Co-chair of Stark & Stark's Community Associations group presented a seminar at the 1st Annual Cooperator's Co-Op & Condo Expo which was held May 14, 2008 in Secaucus, New Jersey. Mr. Byrne presented the seminar Successfully Transitioning A Community From Developer to Owner Control in conjunction with Paul Santoriello of Taylor Management Company. The seminar focused on a developer's obligations to a community association with respect to document and plan turnover, transfer of power, public offering statements, developer funding and New Jersey's Homeowners Warranty Act. The seminar also detailed management's role, and the board's role, in the transition, including the protection of evidence and retention of records, as well as a community's selection of experts and legal counsel and the importance and relevance of developers' commercial general liability insurance. You can view a copy of Mr. Byrne's handouts here, as well as a copy of Mr. .... - Case Questions Retroactivity of Change to Offer-of-Judgment Rule
Craig S. Hilliard, Shareholder and member of Stark & Stark's Litigation group was quoted in the article Case Questions Retroactivity of Change to Offer-of-Judgment Rule in the May 12, 2008 edition of the New Jersey Law Journal. Mr. Hilliard believes that courts typically resist the retroactive application of new legislation and applying new laws to past acts is disfavored, either on constitutional grounds -- such as due process or, in the criminal context, ex post facto constraints -- or under a "manifest injustice" test. Mr. Hilliard states, "The New Jersey Supreme Court historically has tested the fairness of applying new legislation to past acts by asking whether it is manifestly unjust to apply the law. But the Offer of Judgment rule in New Jersey is a court rule of procedure. In evaluating procedural rules, courts usually apply the "time of decision" rule, which means that the rule in effect at the time of the court's decision applies, even if it has .... - Stark & Stark Shareholder Wins $699,000 Verdict in Breach of Contract and Copyright Infringement Case
Mon Cheri Bridals, Inc. v. Wen Wu et al, Civil Action No. 04-1739 (AET) Mon Cheri Bridals, a large wholesale manufacturer of wedding dresses and social occasion dresses, brought suit in U.S. District Court in Trenton, New Jersey against a competitor, Wen Wu and various companies he owned and controlled, alleging that Mr. Wu and his companies infringed on Mon Cheri’s copyrights in its dress designs, and breached a 1999 contract between the companies. The initial dispute arose in August of 1998 between Mon Cheri and Wu concerning dress designs. Mon Cheri discovered that Wu was marketing his dresses using photographs of more expensive versions that Mon Cheri manufactured and sold. Wu signed an affidavit swearing that he, and the other companies he owned and controlled, would not infringe upon Mon Cheri’s rights in the future. Mon Cheri later learned that Wu continued to sell dresses that infringed upon Mon Cheri’s copyright and trade dress rights. The case went to .... - On Franchising
Adam J. Siegelheim, member of Stark & Stark's Franchise Group, was quoted in the article On Franchising in the May 6, 2008 edition of the Wall Street Journal. The article addresses some of the most common issues facing new franchisors and some new concerns franchisors need to be aware of before starting a franchise of their own. Mr. Siegelheim comments on some of the factors that franchisors need to take into consideration when starting a new franchise, and some tips to ensure the longevity of your franchise concept. You can read the full article on the Wall Street Journal Online (registration required). ....
