In The News

• Stark & Stark Employment Group Chair Comments on Protocol for Broker Recruiting Stark & Stark Employment Group Chair, Thomas B. Lewis, was quoted in the January 20, 2010 RIABiz.com article, Broker protocol may be endangered by complexities as membership starts to explode. Although recently, a large number of firms have joined the Protocol for Broker Recruiting, three big companies have put limits on the extent to which the no-fault poaching truce applies to them. Though the restrictions have so far been fairly minimal, the number of signatories and the addendum letters by Merrill Lynch, LPL and Ameriprise are raising questions in some lawyers’ minds about whether the Protocol may eventually become difficult to use. Mr. Lewis states, “You have such an explosion of members, it’s become unwieldy. What’s happening now is that there are certain companies that are trying to limit their exposure under the Protocol, which makes it even more unwieldy.” You can read the full article here. (PDF) ....
• Summertime Family Law Issues In this installment of Legal Lines, Stark & Stark Divorce attorney, David Beaver, addresses various issues that commonly arise between divorced individuals during the summer months.  These tips will hopefully help keep the potential tension level between parties lower than the rising summer temperatures. Some of the most common problems include: Work Related Child Care Expenses Summer Camp Enrollment and Expense Allocation Vacation Parenting Time Requests Child Support Reductions During Summer Months If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce. ....
• Oppressed Minority Shareholders Should Be Afforded Protection Stark & Stark Litigation Shareholder, Scott I. Unger, authored the article, Oppressed Minority Shareholders Should Be Afforded Protection: An argument for a revision of the Limited Liability Act, for the February 1, 2010 edition of the New Jersey Law Journal.   The article discusses the fact that the minority oppression statute, which prohibits majority shareholders in closely held corporations from oppressing minority shareholders, was not specifically incorporated in the statutes governing limited liability corporations. Mr. Unger states that the business section of the New Jersey State Bar Association is considering recommending changes to statutes governing limited liability corporations, one major change would be to specifically state that minority members in an limited liability corporation may sue if they are oppressed. Mr. Unger goes on to discuss the importance of the incorporation of those protections and believes that Court's of Equity should utilize and apply ....
• Stark& Stark Shareholder Discusses Hamilton Square ShopRite Expansion Plans Gary S. Forshner, Shareholder in Stark & Stark's Real Estate Zoning & Land Use Group, was quoted in the January 13, 2010 Trenton Times article, Developer shares plans for enlarged Hamilton ShopRite, and the January 14, 2010 Trenton Times article, ShopRite decision on hold in Hamilton. The articles discuss the recent plan to renovate the ailing Hamilton Square Shopping Center and enlarge its ShopRite supermarket from 53,000 square feet to 85,789 square feet. The shopping center, located at the corner of Route 33 and Yardville-Hamilton Square Road, currently has a vacancy rate of 30 percent or more. The plans were introduced last week to the township zoning board and a decision will be made after the board meets for a final vote on the proposal on January 26, 2010 at the Hamilton Township Municipal Building. Mr. Forshner who represents Levin Properties, which owns the site, states, "We need to make sure that the locations along Route 33 are up-to-date, well-tended ....
• Common Misconceptions of Divorce Law (Part Two) In this installment of Legal Lines, Stark & Stark Divorce attorneys, Megan Smith and Joseph Visco, continue the discussion regarding some common misconceptions of divorce litigation. Joseph Visco primarily focuses his family law practice in Pennsylvania, and notes various distinctions between New Jersey and Pennsylvania family law. These differences are discussed by the panelists, and include: Emancipation Differences In New Jersey And Pennsylvania College Contribution Obligation Of Divorced Parents Underemployment and Imputed Income Payment of Child Support Arrearages Setting Up A Child Support Probation Account If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.   Legal Lines - Episode 4 from Stark & Stark on Vimeo. ....
• Bankruptcy Do's & Don'ts for Personal Injury Attorneys Stark & Stark Bankruptcy & Creditor’s Rights Group Chair, Timothy P. Duggan, authored the January 18, 2010 New Jersey Law Journal article, Bankruptcy Do’s & Don’ts for Personal Injury Attorneys: Ease your pain with a useful road map for the system. The article discusses the recent increase in consumer bankruptcy filings and how a bankruptcy filing can impact a personal injury lawsuit.  Mr. Duggan offers several “Do’s & Don’ts” in order to assist personal injury lawyers through the United States Bankruptcy Code after their clients have been forced to file for bankruptcy.   You can read the full article online here. (PDF) ....
• Stark & Stark Shareholder Comments on Citigroup's Motion To Dismiss In Bonus Pay Class Action Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Group, was quoted in the January 14, 2010 RegisteredRep.com article, Citi Files Motion To Dismiss In Bonus Pay Class Action. The article discusses Citigroup's recent decision to file a motion to dismiss a class action lawsuit filed against the firm over the terms of its financial advisor bonus pay agreements. The motion was filed with the U.S. District Court for the Southern District of New York this past Monday, January 11, 2010.   Mr. Lewis states that there is a good chance that the court will dismiss the complaint, and goes on to say, “realistically it’s an issue that’s subject to FINRA’s jurisdiction. The plaintiffs tried to get out of the FINRA arbitration by getting class action status for the case. But courts are reluctant to get involved if there is FINRA jurisdiction.”   You can read the full article online here. (PDF) ....
• Common Misconceptions of Divorce Law In this installment of Legal Lines, Stark & Stark Divorce attorneys, David Beaver and Megan Smith, devote the episode to tackling some common misconceptions of divorce litigation.  If you are involved in divorce litigation, this is a “must see” episode, as many of the myths surrounding New Family law are debunked. Some of the topics covered in this episode include: Alimony – Discussion of tax-related issues Emancipation of children True effect of marital fault in a NJ divorce proceeding Inherited funds – Subject to distribution? If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce. Legal Lines - Episode 3 from Stark & Stark on Vimeo. ....
• A. Christopher Florio Installed as President of the New Jersey Chapter of the Community Association Institute Christopher Florio, Shareholder and Co-chair of Stark & Stark's Community Association Group, was recently installed as the 2010 President of the New Jersey Chapter of the Community Association Institute (CAI). Mr. Florio accepted this position at the chapter's annual retreat, held at Clearbrook Community Association, on December 16, 2009. Mr. Florio has been involved with CAI for over 17 years. Mr. Florio states, "The New Jersey chapter of CAI remains a vibrant entity under the daily leadership of Curt Macysyn, CAI's Executive Director and the stewardship of CAI's recent past-president, Jim Rademacher. I, along with our executive committee and board, intend to continue Jim's efforts of the past year into 2010, including an increase in leadership opportunities to all members who seek these positions in a responsible fashion, an increase in our chapter's member service, and a vigorous promotion of CAI NJ's legislative agenda." ....
• Stark & Stark Files Amicus Brief in Major Product Liability Case Before New Jersey Supreme Court The law firm of Stark & Stark, P.C. has joined forces with the consumer advocacy group, Homeowners Against Deficient Dwellings (HADD), to file an amicus curiae (“friend of the court”) brief urging the New Jersey Supreme Court to uphold a homeowner’s right to pursue tort remedies against manufacturers of defective building components. The case, Dean v. Barrett Homes, Inc., will mark the first time the New Jersey High Court directly addresses whether and to what extent the so-called “economic loss rule,” originating in the law of product liability, applies to residential construction. Concisely stated, that rule forecloses tort remedies against manufacturers of defective goods for “economic loss,” unless accompanied by personal injury or physical damage to property other than to “the product itself.” Dean involves the purchase of a pre-owned house incorporating an exterior siding product known as Exterior Insulation and Finish ....
• Intelligent Investing: The Ralph Kiner Lesson For Wall Street Stark & Stark’s Securities Group Shareholder, Bill Singer, is the author of a weekly column, Intelligent Investing, for Forbes.com. The column focuses on Wall Street regulatory developments and discusses regulation from the individual investor’s point of view. Mr. Singer authored the December 16, 2009 article, The Ralph Kiner Lesson For Wall Street: The old-guard brokerage industry just isn't getting the message, as part of his Intelligent Investing series.   The article discusses the fact that in the past year many customers trusted the advice of Wall Street's biggest brokerage firms and lost most or all of their investments in the process. Mr. Singer states that the excess of poor recommendations, conflicts of interest and insider trading secrets will have a devastating effect to the industry. You can read the full article online here. ....
• Navigating Custody Issues In this installment of Legal Lines, Stark & Stark Divorce attorney, David Beaver, addresses the challenges associated with custody issues within your divorce litigation.  Special guest, Robert Rosenbaum, Ph.D, from Bunker Hill Consultation Center, shares his insight regarding what to expect in a contested custody litigation from a forensic  psychologist’s perspective. The episode covers topics such as: Physical Custody vs. Legal Custody Parent of Primary Residence Classification Children’s preferences in the final custody allocation Realistic expectations for a custody litigation Shared Parenting Plans If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce. Legal Lines - Episode 2 from Stark & Stark on Vimeo. ....
• Stark & Stark Launches New Website Stark & Stark is pleased to announce the launch of our newly redesigned website. Our website has been streamlined in an effort to provide visitors with easier access to attorney biographies, individual office information and descriptions of the many services Stark & Stark provides.   The new website includes features designed to better serve our clients and visitors, including the ability to subscribe to a variety of e-newsletters offered by individual practice areas, updates on recent blog posts and access to Stark & Stark’s new video blog, Legal Briefs TV. The site also includes links to the 5 independent blogs offered by the attorneys of Stark & Stark including the New Jersey Law Blog, Pennsylvania Law Monitor, Traumatic Brain Injury Law Blog, Nursing Home Law Blog and Construction Litigation Law Blog. ....
• Stark & Stark Shareholder Presents Seminar on New Jersey's Community Associations and Foreclosures David J. Byrne, Shareholder and Co-Chairperson of Stark & Stark's Community Association Group presented materials related to foreclosures, rent receivers and mortgage foreclosures, during a seminar entitled New Jersey's Community Associations and Foreclosures.  The presentation was held at the New Jersey Exposition Center in Edison, New Jersey on Saturday, November 14, 2009.    Mr. Byrne focused his presentation on when New Jersey's community associations should file their own foreclosures, and how those foreclosures are prosecuted.  He discussed community association rent receiverships, and how they serve to aggressively and creatively aid a community association in its collection of unpaid assessments.  Mr.  Byrne also discussed how community association should be handling and protecting themselves in the face of mortgage foreclosures.   You can listen to the full presentation online here.  ....
• RIAs drive explosive growth of the Broker Protocol Stark & Stark Employment Group Chair, Thomas B. Lewis, was quoted in the November 17, 2009 RIABiz.com article, RIAs drive explosive growth of the Broker Protocol. The article discusses the recent rise in firms who have signed the Protocol for Broker Recruiting and what this truce will mean for changes in wirehouses across the country. Mr. Lewis states that he expects the growth in the number of firms signing the Protocol to continue, and states that as more sign on, there’s even more incentive to join.   You can read the full article online here. ....