The change in administrations has brought a series of reversals of the Obama era’s less than employer-friendly positions by the U. S. Department of Labor (DOL) and the National Labor Relations Board (NLRB or Board). This article highlights some of the favorable recent developments from these agencies that may be…
Insights
Portability – Examination of a Predeceased Spouse’s Estate Tax Return
In a recent case that is a cautionary tale to preparers of federal estate tax returns, the Tax Court held that the IRS was permitted to examine the estate tax return of the first spouse to die in determining the deceased spousal unused exclusion amount (DSUE) available to the estate…
Governor Signs Legislation – Breastfeeding Is Now A Protected Category Under The New Jersey Law Against Discrimination
Effective Monday, January 8, the New Jersey Law Against Discrimination was amended to include breastfeeding as a protected status. As a result, an employer cannot refuse to hire, cannot discharge, and cannot treat someone adversely with regard to the terms, conditions or privileges of their employment because that employee is…
An Uber Nightmare: Lessons from Another Botched Response to a Cyber Attack
Over the past several months, our firm’s Cybersecurity and Data Privacy Practice team has had ample opportunity to report on a number of high profile security and data breaches. It appears that trend is going to continue as another massive cyber-breach was just reported. This time, it was Uber that…
The Important Role Life Insurance Plays In Divorce Settlement Negotiations
When couples are ending their marriage or relationship there are many financial issues that need to be resolved including the division of property and respective ongoing support obligations. Two different categories of ongoing support one spouse may be responsible for are child support and spousal support, sometimes referred to as…
Homeowners Association Not Bound by Arbitration Provision Contained in Contract Between Buyer and Developer
The New Jersey Appellate Division’s decision in Greenbriar Oceanaire Community Association, Inc. v. U.S. Home Corporation, issued on November 16, 2017, determined that a Homeowners Association was not required to arbitrate any disputes with a developer, and, when faced with a motion to compel arbitration, was permitted to file an…
Celebrating the Holidays After a Divorce – How Separated Couples Choose to Share Time With Their Children Can Make a Big Difference
With the holidays approaching, people are busy making travel arrangements and shopping lists, digging out old recipes and getting their homes ready for what is arguably one of the most family oriented times of the year. However for couples with children who are ending their marriage or relationship these times…
Disposition of Estate Assets – Real Estate
Real estate is oftentimes one of the more valuable assets an individual may own, and thus can comprise a substantial asset in the estate following an individual’s death. Typically, it is the personal representative of the estate who has responsibility to dispose of a decedent’s real estate.1 Real estate can…
It’s Never Too Early to Plan for Management Transition
Lindabury Partner and President, David Pierce, shares his insight on developing, adopting and implementing strategic management transition plans in the Leadership Issue of Law Practice Today by the American Bar Association (ABA) Law Practice Division. “Navigating a transition in the management of a law firm can be daunting and troublesome,…
Establishing, Revising And Enforcing Time-Sharing With Children
In all cases of divorce or separation where children are involved, the issue of time-sharing (previously referred to as “visitation”) is a significant issue to be addressed. Unless the parents have agreed to an equal shared custodial arrangement, an appropriate schedule of time-sharing is particularly important for all those involved:…