Stark & Stark (LexBlog United States)

4131 results for Stark & Stark (LexBlog United States)

  • Franchisor Beware: Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge

    Federal trademark registration is the Holy Grail for companies, especially franchises, looking to expand their footprint and access a national audience. But even though trademark registration confers on owners certain exclusive rights and benefits, such as constructive national notice of use, protects against registration of confusingly similar marks, provides notice of ownership, and enables...

  • Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right

    On May 23, 2022, the U.S. Supreme Court, in a unanimous decision, decided Morgan v. Sundance, Inc., No. 21-328, in favor of an employee who sued her employer, a Taco Bell franchisee, for wage theft. The Court concluded that waiving arbitration rights does not require a showing that the party seeking to have their case...

  • Non-Disparagement Clauses in Employment Contracts Still Valid under New Jersey Law

    Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. It was only a matter of time before New Jersey courts began passing judgment on the March 18, 2019 amendment to the New Jersey Law Against Discrimination (“NJLAD”)...

  • National Realty Investment Advisors Lands in Bankruptcy

    National Realty Investment Advisors and numerous affiliates (“NRIA”) filed voluntary petitions for Chapter 11 bankruptcy protection in the District of New Jersey on June 7th (Case No. 22-14539). NRIA is a New Jersey-based real estate developer. According to filings with the Bankruptcy Court, NRIA owns thirty-one (31) completed properties; three (3) properties which are near...

  • New Report Reveals a Majority of NJ Nursing Homes Fail to Meet Minimum Staffing Requirements

    In 2020, the New Jersey Legislature passed a law setting minimum staffing requirements for nursing homes in the state. These new requirements were intended to ensure a higher standard of care for nursing home residents and prevent cases of neglect caused by insufficient nursing staff. However, a new report reveals that a majority of NJ...

  • Tangible vs. Intangible Assets in Estate Administration

    Under a Last Will and Testament, a decedent disposes of both their tangible personal property as well as their intangible personal property. Questions might arise in the context of administering an Estate, however, as to whether an item is classified as tangible personal property or intangible personal property of a decedent. This distinction is often...

  • New Jersey Employers Are Now Required to Provide Written Notice Before Using Tracking Devices in Employee-Operated Vehicles

    Earlier this year, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950, which requires employers in the State to provide written notice to an employee before using a tracking device on a vehicle used by the employee. The new law, which went into effect on April 18, 2022, recognizes that employers may...

  • A Simple Guide to Exactech Hip, Knee and Ankle Replacement Lawsuits and Settlements

    How Do I Know If I Have a Exactech Claim? STEP 1: Obtain Medical Records We have written extensively about the different types of defects in certain Exactech products, and the various causes of those defects, particularly to the polyethylene (plastic) liners of those products. Regardless of whether you are dealing with a hip, knee...

  • Potential Brain Cancer Link Investigated at New Jersey’s Colonia High School

    The city of Woodbridge, NJ is conducting an investigation after more than 100 former students and staff at the local Colonia High School were found to have developed brain tumors over a three-decade period. First uncovered by former student Al Lupiano, the prevalence of both cancerous and benign brain tumors among Colonia students and employees...

  • A Definitive Guide to ParaGard Lawsuits

    What Is ParaGard And Why Are There ParaGard Lawsuits? ParaGard is one of many intrauterine medical devices (IUDs) on the market that are implanted in women as a birth control device. Like all IUDs, ParaGard is meant to be an easily removable, temporary contraceptive – ParaGard is currently approved to be used continually for up...

  • Red Flags Indicating a Potentially Invalid Will

    When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of this article is to examine potential red flags which could highlight a potential issue with a Will which may...

  • Mulch Fires: What You Should Know Before Starting Your Spring Gardening

    It’s springtime! We made it through another cold winter. Now, the days are growing longer, daffodils are in bloom and many people are gearing up for weekends in the yard. Gardening and landscaping can be rewarding ways to spend some time outdoors this time of year. One of the things I often notice in the...

  • Snow Squall Causes 40 Car Crash on I-81 in Schuylkill County, PA

    A heavy snowfall with blustery winds was responsible for a crash involving as many as 40 vehicles on I-81 in Schuylkill County at about 10:30 am on Monday morning. These weather conditions are commonly known as a “snow squalls,” and they can present a serious hazard to drivers on the roadway due primarily to a...

  • The Internal Revenue Service (IRS) Issues Proposed Minimum Distribution Rules

    The Internal Revenue Service (IRS) recently issued much anticipated proposed regulations that clarify and revise some of the required minimum distribution (RMD) rules for qualified plans (i.e. 401ks, 403bs, etc.) and individual retirement accounts (IRAs). While the proposed regulations are subject to further action in the late Spring of 2022, they contain a few important...

  • Study Finds Long-Lasting Symptoms from Traumatic Brain Injuries

    It’s an all-too-common assumption that the symptoms of traumatic brain injury (TBI) last only three to six months, and this misunderstanding can make it more difficult to claim the compensation you’re entitled to after experiencing a TBI. However, a recent study published in the Journal of Neurotrauma found persistent and ongoing symptoms in individuals who...

  • Report: New Jersey’s Lowest-Rated Nursing Homes Receive Over $100 Million in Annual Medicaid Funding

    A recent report from New Jersey’s Office of the State Comptroller (OSC) sheds light on the poor conditions at some of the state’s worst long-term care facilities—and the surprising amount of taxpayer funding that continues to support these organizations. In this new report published on February 2, 2022, the OSC examined the fifteen lowest-rated nursing...

  • Remote & Alternative Work Arrangements – Strategies for Success and Reducing Risk

    Let’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements before the COVID-19 pandemic (and the consequential quarantining that came with it), COVID-19 accelerated the need for workforce mobility and fundamentally changed...

  • Removal of An Executor of An Estate

    Once an individual is appointed an executor of an Estate, they are tasked with the proper and timely completion of the administration of the Estate, as well as the distribution of assets and property of the estate to its beneficiaries. Provided the executor understands his/her duty to the estate and seeks appropriate help in this...

  • Your Health Insurance Probably Will NOT Pay for Medical Care in Motorcycle Accidents

    Please get the word out: check your Health Insurance policy language to make sure it covers you if you are injured in a motorcycle accident. Every day I see new clients who have been injured by an irresponsible driver and every day I have to explain, to their surprise, that they do not have the proper insurance to cover their medical bills.

  • 10 Retailers to Watch for a Bankruptcy Filing in 2022

    The last half of 2021 was virtually a ghost town for filing retail bankruptcies. However, the rise of the Omicron variant has significantly delayed a full return to normal for shopping centers. The good news is that the vaccines work, people are cautiously resuming activities, and the economy is running well. Still, with the end...

  • What Is Uninsured and Underinsured Motorist Coverage and Why Should You Care?

    If you own a vehicle in New Jersey, you are required to carry auto insurance. For many people, it is as simple as that, and they try to obtain the cheapest policy possible to meet the legal requirements. But sadly, many motorists in New Jersey are unaware that while your automobile insurance covers damages you...

  • Motorcycle Safety Tips for Cold Weather Riding

    A friend of mine just rode in a holiday toy drive for children on a pretty cold Sunday. He had to ride an hour or so to Philadelphia. I know he dressed warmly but I'm sure it was chilly. Chilly became cold once he got on the highway at 65 mph or more. It reminded me of an important lesson I learned early in my riding: Beware of the cold on a long ride.

  • Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”

    Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be delivered, issued, executed, or renewed in...

  • Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”

    Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be delivered, issued, executed, or renewed in...

  • In The Wake Of The Surfside Tragedy Fannie Mae And Freddie Mac Issue “Temporary” Requirements For Condominiums And Cooperatives

    The collapse of the Champlain Towers South in Surfside, Florida, in June 2021, sent shockwaves throughout the United States and was a wake-up call to condominiums to the dangers of aging infrastructures. In light of this tragic event, secondary mortgage market giants, Fannie Mae and Freddie Mac have issued bulletins advising of new “temporary” requirements...

  • New Jersey Enacts an Insurance Bad Faith Statute for Auto Insurers

    While it may not have received a lot of mainstream media coverage, the recent passage of the New Jersey Insurance Fair Conduct Act (“NJIFCA”) was a huge victory for those injured in car crashes in New Jersey. The law was signed into effect by Governor Murphy on January 18, 2022, over the boisterous objection of...

  • The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now?

    Updated as of 1/27/22 due to OSHA’s withdrawal of the Emergency Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022, the United States Supreme Court, in a 6-3 majority decision, dealt a substantial blow to the...

  • What to do When Your Franchisee Files for Bankruptcy

    With the economic downturn caused by COVID-19, many expected a tidal wave of commercial bankruptcy filings. After an initial spike of retail bankruptcy cases at the outset of the pandemic, the onslaught of bankruptcy has not yet materialized. Whether due to PPP loans, other available credit, modification and forbearance agreements, or government moratoriums on foreclosure...

  • Deferral Agreements – Considerations for Extending Relief to Troubled Franchisees

    Deferral agreements, or workout agreements, are a favorable option for franchisors seeking to restructure and manage the obligations of a struggling franchisee before more draconian measures, such as termination of a franchise agreement and litigation. These agreements allow parties to agree to restructured conditions under a franchise agreement and/or postpone certain events before further...

  • FTC Issues Penalty Offenses Concerning Money Making Opportunities to Hundreds of Franchise Companies

    The Federal Trade Commission (“FTC”) has kept itself busy as of late, issuing a series of notices to over 1,000 businesses (many of them franchise companies) advising them that they could face civil penalties for conduct that the FTC has deemed unlawful. The Notice of Penalty Offenses Concerning Money-Making Opportunities is of particular importance to...

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