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Beware What You Say, Don't Say and What You Print and Promise John Randy Sawyer, Shareholder and member of Stark & Stark's Construction Litigation group, authored the article Beware What You Say, Don’t Say and What You Print and Promise: Understanding of broad scope of potential liability under the Consumer Fraud Act for the New Jersey Law Journal's October 20, 2008 Real Estate, Title Insurance & Construction Law supplement. Mr. Sawyer provides a history of the New Jersey Consumer Fraud Act and cautions builders, contractors and developers who decide to build and sell homes in New Jersey to, at the very least, have an understanding of the broad scope of potential liability under the Act and use that knowledge as a filter for everything they say, don’t say, print and promise to New Jersey home buyers. You can read the full article here. ....
Stark & Stark Shareholder Comments on Bank of America Incentives Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the November 6, 2008 Bloomberg.com article Bank of America Says Merrill Brokers Can Quit Without Penalty. Mr. Lewis commented on the recent announcement made to the roughly 15,500 brokers Bank of America acquired after buying Merrill Lynch this past September which said that they have the ability to quit without penalty, however, if they stay, they will qualify for a bonus of as much as 100% of their annual revenue. Mr. Lewis states that the memo was created in order to alleviate the concerns of senior Merrill brokers. You can read the fill article on Bloomberg.com here. (Also available in PDF here.) ....
Insolvency in Franchise Businesses: Minimizing Risk and Maximizing Recovery Under the Bankruptcy Code Timothy P. Duggan, Shareholder and member of Stark & Stark's Bankruptcy & Creditor's Rights group, will present a seminar entitled Insolvency in Franchise Businesses: Minimizing Risk and Maximizing Recovery Under the Bankruptcy Code in conjunction with the Legal Publishing Group of Strafford Publications. The 90-minute tele-seminar will be held Thursday December 4, 2008 from 1:00 PM - 2:30 PM. The seminar will feature a discussion of the weakening economy and it's effects on many franchises, ranging from restaurants to convenience stores to staffing services who are now seeking bankruptcy protection. The Bankruptcy Code addresses how franchise agreements are treated in bankruptcy; however, the Code does not resolve all of the unique issues that arise for franchisors and franchisees. It is critical that franchise counsel develop strategies to anticipate and protect against the fallout from bankruptcy. This teleconference will highlight key legal issues that arise during a ....
Protocol for Broker Recruiting Thomas B. Lewis, Shareholder of Stark & Stark's Employment and Litigation groups, authored the article Protocol for Broker Recruiting: How a Financial/Investment Advisor Can Use the Protocol to Transition Accounts for the September/October 2008 edition of the Investment Management Consultants Association's Investments & Wealth Monitor. The article gives a brief history of the origination of the Protocol for Broker Recruiting in 2004, and includes a question and answer section for recruiting and a list of do's and don'ts to follow under the Broker Protocol. You can read the full article here. (PDF) ....
Stark & Stark Attorney Featured on Camden County Bar Foundation's Legally Speaking Michael J. Fekete, member of Stark & Stark's Business & Corporate group, will be a featured guest on the Camden County Bar Foundation's weekly television talk show Legally Speaking. Mr. Fekete will discuss the New Jersey Home Improvement Law, the Consumer Fraud Act and the Contractor's Registration Act. The show will air Saturday November 9, 2008 at 12:30 PM and Wednesday November 12, 2008 at 5:00 PM, on Comcast channel 190 (WPSJ-TV). ....
Bankruptcy: Who's next in line? Adam J. Siegelheim, member of Stark & Stark's Franchise group, was quoted in the article Bankruptcy: Who's next in line? in the October 2008 edition of Franchise Times. Mr. Siegelheim comments on the recent trend of franchise bankruptcies among large restaurant systems. Mr. Siegelheim discusses the impacts these recent bankruptcies have had on the franchise industry as a whole, as well as what this could mean for franchisees and franchisors in the future if this trend continues. You can read the full article here (PDF). ....
Stark & Stark Shareholder Presents Seminar Regarding Board Elections to Community Associations Institute - New Jersey Chapter David J. Byrne, Shareholder in Stark & Stark’s Community Association group, presented materials related to Community Associations and having successful Board elections at the New Jersey Chapter’s 2008 Conference and Expo seminar, held at the New Jersey Convention and Exposition Center, in Edison, New Jersey, on Saturday, October 18, 2008. Mr. Byrne focused his presentation on the legal issues surrounding the election of Board members and how to have a successful election. Mr. Byrne also discussed the provisions of New Jersey’s Non-Profit Corporate Act and New Jersey’s Planned Real Estate Development Full Disclosure Act in relation to those elections. Mr. Byrne discussed legal standards and issues related to campaigning, eligibility and the casting and counting of ballots. You can view a copy of the written materials from this seminar here. ....
New Franchise Disclosure Laws Adam J. Siegelheim and Cary S. Kvitka, members of Stark & Stark's Franchise group, will present a webinar entitled New Franchise Disclosure Laws in conjunction with the New Jersey Institute for Continuing Legal Education. The webinar will be held Wednesday November 12, 2008 from 12:00 PM - 1:15 PM. The webinar will focus on the newly revised FTC Franchise Rules, which require that all franchisors provide for certain disclosures to prospective franchisees. Under the new rules, a franchisor is now required to file basic information about the franchisor, the franchised business, and the franchise agreement. Mr. Siegelheim and Mr. Kvitka will review the recent trends in franchise law, and will discuss the impact of the new law on the preparation of disclosure documents, franchise agreements, and state registrations. You can access additional information and a registration form here. ....
Identifying When Your Trademark Has Been Infringed Upon Martin P. Schrama and Michael T. Pidgeon, members of Stark & Stark's Litigation group, authored the article Identifying When Your Trademark Has Been Infringed Upon for the October 13, 2008 edition of the New Jersey Law Journal. The article discusses several pieces of statewide legislation designed to ensure trademark protection and the federal Lanham Act, which is the most comprehensive piece of trademark legislation. The article states that only through the selection and establishment of a strong trademark under the Lanham Act, will owners of a mark be able to determine when its trademark has been infringed upon. You can read the full article here. ....
Stark & Stark Shareholder Presents Seminar to Community Associations Institute - Pennsylvania & Delaware Valley Chapters David J. Byrne, Shareholder in Stark & Stark's Community Association group, presented materials related to Community Associations "going green" at the CAI Pennsylvania and Delaware Valley Chapter's Urban Issues seminar, held at the Comcast Building in Philadelphia, Pennsylvania on Friday, October 10, 2008. Mr. Byrne focused his presentation on the legal issues surrounding the concept of "going green", including the fiduciary duties of board member when facing owner green-related modifications, and when Associations themselves consider green-related changes. Mr. Byrne also discussed the flexibility Associations and managers have when trying to minimize the amount of paper used. Mr. Byrne also discussed the law in Pennsylvania and other states, to illustrate the legislative trend toward "going green" and ensuring Associations do not stand in the way. You can view a copy of the power point presentation from this seminar here. ....
Going Green - Here to Stay or Gone Tomorrow? Vincent J. Mangini, Shareholder of Stark & Stark's Real Estate, Zoning & Land Use group, will present a seminar entitled, Going Green - Here to Stay or Gone Tomorrow? Reflections on the State of Green Building Law, for the Mercer County Bar Association's X-Treme CLE Program. The seminar will be held Friday November 7, 2008 from 1:00 PM - 3:00 PM at the Marriott Princeton Conference Center at Forrestal, located in Princeton, New Jersey. The seminar will focus on topics including: Moving from dependency on fossil fuels to alternative technologies Rebates and promotions for energy-efficient structures Federal tax incentives State initiatives, proposals and newly enacted legislation, such as the newly enacted amendment to the Municipal Land Use Law authorizing localities to include green buildings and environmental sustainability plan elements in their master plans Current protocols for green building, such as the U.S Green Building Council's Leadership in ....
Bill Singer Comments on Recent Market Meltdowns In the wake of the Bear Stearns collapse just months ago, the announcements last week that Bank of America would buyout Merrill Lynch, that Lehman Brothers had filed for bankruptcy, and that the Federal Government would give AIG $85 billion in order to avoid bankruptcy left many wondering what happened and why? Bill Singer, Shareholder of Stark & Stark's Securities group, has had extensive experience with similar situations during his time as a regulator with the National Association of Securities Dealers and the American Stock Exchange. Mr. Singer has been interviewed several times in the past few days commenting on the recent market meltdowns. Last Friday, Mr. Singer joined Senator Barack Obama, Senator John McCain and Chairman of the SEC Harvey Pitt as a commentator on National Public Radio discussing the recent stockmarket crisis. Mr. Singer also commented on the recent market situation in the article, Death Of The Capital Markets, on Forbes.com, ....
Capital Reserve Studies & Projects for Communities Mary W. Barrett, Counsel and member of Stark & Stark's Community Associations group, will present a seminar entitled Capital Reserve Studies & Projects for Communities for the New Jersey chapter of the Community Associations Institute. The seminar will offer different viewpoints on the topics of Capital Reserve Studies and community projects. Several engineers will discuss the logistics of Capital Reserve Studies, while Ms. Barrett and several other attorneys will discuss the procedural and legal aspects of these projects. ....
What Every builder Should Know About the New Jersey Consumer Fraud Act John Randy Sawyer, Shareholder in Stark & Stark's Construction Litigation group, authored the article What Every Builder Should Know About the New Jersey Consumer Fraud Act for the August 2008 New Jersey Builders Association's monthly newsletter, Dimensions. Mr. Saywer stresses the importance for builders and contractors to have an understanding of the broad scope of potential liability under the Consumer Fraud Act, and discusses the steps builders and contractors can take in order to protect themselves. You can read the full article here. ....
Stark & Stark Shareholder Receives 40 Under 40 Award David J. Byrne, Shareholder in Stark & Stark's Community Associations group, was awarded the 40 Under 40 award by the New Jersey Law Journal. The 40 Under 40 award features 40 attorneys the New Jersey Law Journal believes are worthy of profiling, due to their backgrounds, dedication, talent and vigor. The award is given to 40 attorneys throughout the state who are dedicated to their careers and their communities. Mr. Byrne concentrates his practice in the representation of homeowners associations, condominium associations and cooperatives offering a full range of legal advice and services including the drafting and negotiation of association service contracts, rules and regulations and alternative dispute resolution (“ADR”), collections, transition negotiations with developers, construction defect litigation, municipal services and relations, fair housing compliance, restrictive covenant enforcement and interpretation, and any necessary ....