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New Jersey Lawyers Blog

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How and When a Landlord’s Claims are Capped Under the Bankruptcy Code

Our bankruptcy attorneys represent debtors and creditors in New Jersey in Chapter 7, 11, or 13 bankruptcies.   Recently, a Bankruptcy Court within the Third Circuit had the opportunity to clarify the cap placed on landlords’ bankruptcy claims under 11 U.S.C. 502(b)(6). In the case of In re Filene’s Basement, LLC,…

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Tax Exemptions for Non-Profit Businesses

A nonprofit organization (“Nonprofit”) is an entity which puts its surplus revenue back into the entity, dedicating those funds to further the goals of the organization, as opposed to paying profits to owners or shareholders. Oftentimes Nonprofits are formed for a public welfare cause or interest or to advocate a…

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New Case on Teacher Arbitration from New Jersey Supreme Court

In the case of  Bound Brook Board of Education v. Ciripompa, the Supreme Court reviewed the extreme deference which courts are required to give arbitrator’s decisions.  However, the Supreme Court explained that this deference to the arbitrator is not unlimited. In the Bound Brook case, two tenure charges were filed…

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Estate Planning for Digital Accounts

When you think about estate planning, most people think about their physical possessions, their real estate and their financial assets, but in this day and age, you also need to consider your digital assets.   You may have as much as 20 years of active digital presence.  This can include documents,…

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Recent Decision by New Jersey’s Appellate Division Clarifies Requirements for Rice Notice to Employee Whose Employment May be Terminated

Our employment attorneys represent New Jersey public sector employees in disputes with their governmental employers.  One area in which we frequently see disputes is the failure to give a “Rice Notice” to employees whose employment may be affected by an action by their governmental employers. New Jersey employees, including non-tenured…

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Educational Emergency Certificates and their Effect on Tenure

In New Jersey, certifications are generally required for all professional staff members in public schools and other institutions regulated by the New Jersey Department of Education.  There are various types of certificates based on the type of employment you are seeking (i.e., teachers, principals, school psychologist, etc). Emergency certificates are…

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Appealing Civil Service Disqualification for Medical or Psychological Reasons

Our firm’s employment lawyers handle a significant number of New Jersey civil service issues.  One of the most vexing is removal from a list of eligibles because of medical or psychological disqualification. Hiring for the vast majority of civil service jobs is determined by merit based on competitive examinations.  One…

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Anti-Nepotism Policies in New Jersey Public School Hiring

A problem our employment attorneys  frequently encounter is complaints of nepotism in the hiring and promotion of public school teachers.  While the hiring of relatives is not per se illegal in New Jersey public schools, there are significant restrictions on it. The New Jersey Legislature and the New Jersey Department…

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Attorneys Fees in New Jersey Civil Service Appeals

The financial burden of a civil service appeal discourages many employees from filing.  However, a successful employee may be able to recover the attorneys fees she spent on the appeal.  Our attorneys handle civil service appeals for all of New Jersey’s Public Employees, such as police officers, teachers, firefighters, and…

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Business Partnerships: Taxes and Other Considerations

A partnership is an unincorporated association of two or more people who act as co-owners of a business for profit.  Under New Jersey business law, a partnership may be created even when there is no written partnership agreement between the parties (this is known as “defacto partnership.”  However, just like…

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