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Scarinci Hollenbeck regularly publishes articles pertaining to legal updates affecting individuals and institutions in New York and New Jersey, and the world at large. Our attorneys develop content covering various legal topics ranging from Environmental to Corporate Transactions & Business to Litigation, Labor & Employment and much more.
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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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    May a Trust Avoid the 3.8% Income Tax Surcharge? post image

    May a Trust Avoid the 3.8% Income Tax Surcharge?

    The 3.8% income tax surcharge (the “Surcharge”) is a new concern faced by trustee. The current investment environment poses challenges to invest in a manner that will produce enough income to satisfy beneficiaries. Trustees of trusts that own business assets may avoid the surcharge if the income earned from the business is deemed active rather […]

    Author: James F. McDonough

    Link to post with title - "May a Trust Avoid the 3.8% Income Tax Surcharge?"
    Don't Leave Digital Assets Out of the Estate Plan post image

    Don't Leave Digital Assets Out of the Estate Plan

    When it comes to formulating an estate plan, many individuals focus on the assets that hold direct monetary value, such as cash, retirement accounts, life insurance, trusts, real estate, and physical property. Many affluent individuals and business owners rely on trusts or the use of the lucrative gift tax law to transfer these assets to […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Don't Leave Digital Assets Out of the Estate Plan"
    When Is a Property “Commercial” For Purposes of Sidewalk Liability Under NJ Law? post image

    When Is a Property “Commercial” For Purposes of Sidewalk Liability Under NJ Law?

    While most of us in New Jersey are happy not to think about snow for the next several months, the Appellate Division of the New Jersey Superior Court recently considered a slip and fall case involving an icy sidewalk and how the risk of sidewalk liability. The issue before the court was how to determine […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "When Is a Property “Commercial” For Purposes of Sidewalk Liability Under NJ Law?"
    Gossip Girl's Kelly Rutherford Files for Bankruptcy post image

    Gossip Girl's Kelly Rutherford Files for Bankruptcy

    After months of speculation about whether actress Kelly Rutherford would be able to overcome her financial difficulties, the former Gossip Girl actress officially files for bankruptcy. Rutherford, who played an Upper East Side divorcée on the hit television drama, has cited her own divorce from German businessman Daniel Giersch and the bitter custody battle that ensued […]

    Author: Joel R. Glucksman

    Link to post with title - "Gossip Girl's Kelly Rutherford Files for Bankruptcy"
    Rising Interest Rates Will Make Certain Gifts More Costly post image

    Rising Interest Rates Will Make Certain Gifts More Costly

    Rising interest rates in the Treasury market is a warning that it is about to become more costly to make certain gifts or to sell assets to related parties. The yield on Treasury securities is used as a yardstick for setting the interest rates that related parties must charge one another when transferring property in […]

    Author: James F. McDonough

    Link to post with title - "Rising Interest Rates Will Make Certain Gifts More Costly"
    U.S. Supreme Court Ruling Provides End Around for Class-Wide Arbitration post image

    U.S. Supreme Court Ruling Provides End Around for Class-Wide Arbitration

    Businesses will have to work a little harder to avoid class-action claims in arbitration. The U.S. Supreme Court recently resolved a key split in the circuit courts over whether class-wide arbitration is permissible absent an express provision in the contract. The decision further clarified the Court’s prior decision in Stolt-Nielsen S. A. v. AnimalFeeds Int’l […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "U.S. Supreme Court Ruling Provides End Around for Class-Wide Arbitration"
    Affirmative Defense in New Jersey Breach of Contract Lawsuit post image

    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

    Link to post with title - "Affirmative Defense in New Jersey Breach of Contract Lawsuit"
    Gift Tax Myths and Misunderstandings post image

    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

    Link to post with title - "Gift Tax Myths and Misunderstandings"
    Analysis Suggests Stockton Bankruptcy More Successful Than San Bernardino post image

    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

    Link to post with title - "Analysis Suggests Stockton Bankruptcy More Successful Than San Bernardino"
    Supreme Court Decision on Genetic Patents Shifts Biotech IP Landscape post image

    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

    Link to post with title - "Supreme Court Decision on Genetic Patents Shifts Biotech IP Landscape"
    Don't Leave Gift Taxes Out of Estate Planning post image

    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

    Link to post with title - "Don't Leave Gift Taxes Out of Estate Planning"
    New Jersey Petitions Appeals Court to Legalize Sports Betting post image

    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: Scarinci Hollenbeck, LLC

    Link to post with title - "New Jersey Petitions Appeals Court to Legalize Sports Betting"

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