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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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What Does IPO Surge Mean for Your Venture?

The U.S. IPO market heated up just in time for summer, according to recent data. The surge in US IPOs corresponded to the record highs in U.S. stock market indices during the second quarter. The quarter ended with a brief but significant market correction, responding significantly to the reminder from Chairman Bernanke that there will […]

Author: Dan Brecher

July 9, 2013

Ponzi Scheme Victims Receive 4 Cents on the Dollar from Lou Pearlman Following His Bankruptcy

Lou Pearlman may be known by many as the creator of teen sensation boy bands ‘N Sync and the Backstreet Boys, but to thousands of mom-and-pop investors, he will forever be known as the Ponzi schemer who scammed them out of millions. What’s worse, bankruptcy trustee Soneet Kapila recently made public that, following a liquidation […]

Author: Joel R. Glucksman

July 9, 2013

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

July 9, 2013

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

July 8, 2013

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

July 8, 2013

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

July 5, 2013

Filing Bankruptcy

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

July 5, 2013

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

July 5, 2013

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

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

Municipal Bankruptcy

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

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