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A Primer on Green Leases: Special considerations that permeate the negotiation process Vincent J. Mangini, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, authored the article A Primer on Green Leases: Special considerations that permeate the negotiation process for the March 1, 2010 edition of the New Jersey Law Journal. Mr. Mangini discusses how the introduction of green building principles and the heightened interest in energy efficiency and cost savings has begun to influence the negotiation and operation of commercial leases and the build-out of tenant improvements. The article presents a summary and analysis of the issues that landlords and tenants should be aware of and what they need to build into their due diligence when dealing with a high-performance building. You can read the full article online here. (PDF) ....
Stark & Stark Shareholder Comments on Protocol Overhaul Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 26, 2010 Registered Rep article, Some Predict Broker Protocol Overhaul. The article addresses the possibility of an overhaul to the Protocol for Broker Recruiting in the wake of increased lawsuits and constant movement of advisors as they switch firms. When the protocol was first created, it was an exclusive pact between three wirehouse firms put in place to prevent expensive litigation every time an advisor switches firms. Today, there are approximately 420 signatories to the agreement, and recently, some firms are adding letters to clarify their participation in the protocol. Mr. Lewis states that it could become very unruly if each company began including its own letters and sets its own rules as to compliance or noncompliance with the protocol. Mr. Lewis believes that the protocol will become ineffective at that point, and something has to be done as to the clarification letters ....
Stark & Stark Shareholder Comments on Increase in Suits in Response to Protocol for Broker Recruiting Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 24, 2010 FinancialPlanning.com article, The Recruiting Wars Turn Nasty. The article discusses the Protocol for Broker Recruiting and the recent decrease in firms suing each other over poached advisors. The article goes on to discuss some of the recent more highly publicized cases which have advisors, and their attorneys, questioning whether or not the days of increased claims and counterclaims are about to return. Mr. Lewis discusses the fact that both Goldman Sachs and Credit Suisse have not signed on to the protocol, and Mr. Lewis states that Goldman Sachs in particular takes the attitude that the clients belong to the firm, not the advisor, and therefore should not move if an advisor defects. You can read the full article here. (PDF) ....
Stark & Stark Shareholder Comments on Goldman Sachs Suit Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the February 19, 2010 On Wall Street article, Goldman Drops Case Against Former Advisors. The article discusses Goldman Sachs' recent decision to drop their case against five former financial advisors and two support staff members (David Greene, Craig Savage, Andrew Thompson, Sharran Srivatsaa, John Pitt, Stephanie Dennard and Kim Tyson). The suit accused the advisors of breaching their non-solicitation agreements by moving to rival firm, Credit Suisse, and attempted to take their clients with them. Mr. Lewis states that these types of cases are typically settled quickly and the firm who poached the advisors will often agree to pay a portion of the revenue generated by any of the accounts that the advisors’ transferred over for a period of 12 months to their prior firm. You can read the full article online here. ....
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. Legal Lines - Episode 5 from Stark & Stark on Vimeo. ....
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. ....