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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Affirmative Defense in New Jersey Breach of Contract Lawsuit

In many breach of contract cases, the breaching party can reduce or eliminate its liability by arguing that the circumstances surrounding the agreement justified the breach. These are referred to as an “affirmative defense” and must generally be raised in the defendant’s answer and proven at trial. In a recent case, the Appellate Division of […]

Author: Robert E. Levy

July 4, 2013

New Jersey Business Litigation Attorney

Gift Tax Myths and Misunderstandings

Tax practitioners receive questions in 2013 pertaining to gift tax for gifts made in 2012 after the opportunity to plan has passed. Here are some common misunderstandings that are frequently expressed to accountants and attorneys. Statement: I can give a gift of $13,000 (in 2012) to a person or trust and I do not have […]

Author: James F. McDonough

July 4, 2013

Gift Tax

Analysis Suggests Stockton Bankruptcy More Successful Than San Bernardino

Municipal bankruptcies can entail a lengthy and costly process that not only impacts lawmakers, but filters down to affect the debtor’s residents as well. Over the course of the year, Stockton and San Bernardino, California, made headlines as a result of their high-profile municipal bankruptcies, and a new analysis of these proceedings highlights the differing […]

Author: Joel R. Glucksman

July 4, 2013

Scarinci Hollenbeck Successfully Negotiates Settlement In Charity Case

Hurricane Sandy Relief Foundation Case Settled Scarinci Hollenbeck would like to congratulate its partner Robert E. Levy and the litigation group that he chairs for their successful resolution of the highly contested case involving the Hurricane Sandy Relief Fund (HSRF) and the New Jersey Division of Consumer Affairs. In this well publicized case, Robert E. […]

Author: Scarinci Hollenbeck, LLC

July 3, 2013

Hurricane Sandy

Supreme Court Decision on Genetic Patents Shifts Biotech IP Landscape

The U.S. Supreme Court recently issued a mixed decision on the patentability of human genes. The justices concluded that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA (complimentary DNA) is patent eligible because it is not naturally occurring. The patents […]

Author: Kenneth C. Oh

July 3, 2013

Don't Leave Gift Taxes Out of Estate Planning

When individuals and business owners begin estate planning, establishing a will and testament is often their first priority. In cases of high net-worth households and those who plan to pass business assets onto the next generation, a trust is also another popular element of estate planning. However, one of the most underutilized components that too […]

Author: James F. McDonough

July 3, 2013

Gift Tax

New Jersey Petitions Appeals Court to Legalize Sports Betting

Representatives for the state of New Jersey made a final appeal to the U.S. Court of Appeals for the Third Circuit in Philadelphia to legalize sports betting law, which was struck down in a previous ruling. In opposition to the legislation to legalize sports betting are the NFL, NHL, NBA, NCAA, MLB, and the U.S. Department of Justice, all […]

Author: Anthony R. Caruso

July 3, 2013

Eastman Kodak Seeks Approval for $406 Million Rights Offering Upon Exit from Bankruptcy

Iconic photography pioneer Eastman Kodak said it will seek court approval for a $406 million rights offering upon exit from bankruptcy proceedings that will give creditors a large equity stake in the company. Many of its key creditors have already agreed to the backstop, which would enable Kodak to issue 34 million common shares at $11.94 each. […]

Author: Joel R. Glucksman

July 2, 2013

Madoff – The Aftermath

The Madoff scandal is no longer the lead story on the evening news; however, the ripple effect of the scandal remains with us even today. In Estate of Warshaw v. Director, the Superior Court of New Jersey Appellate Division (“Appellate Division”) reversed the decision of the Tax Court of New Jersey that granted the estate […]

Author: James F. McDonough

July 2, 2013

Summer Heat Safety for New York and New Jersey Employers

With the official start of summer, employers need to be mindful of heat safety. With our first heat wave of the year behind us, the East Coast is likely due for substantially more hot and humid weather in the coming months. For employees who work outside, rising temperatures can pose a serious health risk. According […]

Author: Donald M. Pepe

July 2, 2013

Deen Loses Contracts Over Racism Allegations

Unsavory remarks, behavior, and sentiments from television personalities may not constitute a violation of entertainment law, but they can still result in significant career damage, as evidenced by the ongoing Paula Deen racism allegations scandal. The Southern chef, known for her meals, cookware, and ancillary product lines was recently dropped from the Food Network for racism […]

Author: Anthony R. Caruso

July 1, 2013

ICIJ Publicly Releases New Offshore Tax Haven Report

The Internal Revenue Service, lawmakers and Americans began paying more attention to the International Consortium of Investigative Journalists following its public release of hundreds of names and financial details of offshore account holders in April. Now, the ICIJ has released a new report, which gives the public access to extensive offshore tax haven records through its new […]

Author: Frank L. Brunetti

July 1, 2013

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