Insights Archives — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

The First Call with Private Equity: How a Business Owner Should Prepare

Published on: August 24, 2026 | by Stephen A. Timoni

For a business owner who has never dealt with private equity, the first call with a PE firm can feel more significant than it usually is. In most cases, it is not a negotiation and it is certainly not a due diligence exercise. The first call is typically an exploratory conversation, generally lasting 30 minutes to an hour and usually conducted virtually. That does not mean it is unimportant. The first call often determines whether there will be a second one.

During the first call the PE firm is trying to decide whether your company fits its investment strategy and whether the owner is someone it wants to spend more time with. The owner should approach the conversation in much the same way. This is an opportunity to learn who is on the other side of the table and whether further discussions make sense.

Understand the Purpose of the Call

Back-To-School Co-Parenting: Practical Guidance for Separated and Divorced Parents in New Jersey

Published on: August 11, 2026 | by Nicole A. Kobis

The start of a new school year can bring to light new issues in even the most workable and amicable co-parenting arrangement. Starting in late summer through early fall, families must manage school forms, schedule changes, teacher communications, homework, new activity schedules, transportation, and special events, often with little notice as back to school items fill parental calendars. For separated parents, those ordinary demands can become a source of conflict when expectations are unclear or information does not reach both homes.

The most effective approach is a reliable process for exchanging information, making decisions, and following through keeping in mind that each member of your family is adjusting through the transition out of summer and into the brand new school year.

Children benefit when they know who will pick them up, where their school materials will be, and how each parent will respond to school obligations. Parents also reduce their own stress when they address predictable issues before they become urgent which will help the entire family readjust from summer routines to school year schedules.

New Jersey DOL Clarifies Employer Obligations Under the Expanded New Jersey Family Leave Act Effective July 17, 2026

Published on: July 31, 2026 | by Lisa Gingeleskie and Lindabury, McCormick, Estabrook & Cooper, P.C.

In January 2026, New Jersey enacted significant amendments to the New Jersey Family Leave Act (NJFLA), expanding coverage to smaller businesses, reducing the waiting periods for eligible employees to qualify for leave, and creating new job restoration rights. Of the expansion, the job reinstatement piece created significant confusion particularly with respect to employees who are collecting Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) benefits and their rights to job restoration, if any, when ineligible for NJFLA or Family Medical Leave Act (FMLA) unpaid leave. The NJDOL announcement specifically addresses this issue.

Just two days before the effective date, however, the New Jersey Department of Labor & Workforce Development issued an announcement to address this confusion. Specifically, the July 15, 2026 announcement clarified that employers must provide eligible employees with up to 26 weeks of job protection while employees are collecting TDI benefits and up to 12 weeks of job protection while collecting FLI benefits. This clarification has created significant concern among business owners, particularly small business owners, who must now provide job-protected leave to those employees that are not yet eligible for NJFLA or FMLA unpaid leave, including newly hired employees.

Reduction of Eligibility Requirements Under the NJFLA

Navigating the Purchase or Sale of an Eye Care Practice

Published on: July 14, 2026 | by Stephen A. Timoni

The eye care sector has become one of the most active areas in healthcare M&A, driven by an aging demographic, the rise of the medical optometry, and significant private equity interest. For practice owners and buyers alike, this presents substantial opportunity, along with complex legal pitfalls that can derail a transaction.

Buying or selling an optometry or ophthalmology practice is fundamentally different from purchasing a typical small business. These transactions sit at the intersection of corporate law, healthcare regulation, and professional licensure rules. A deal that looks clean on the financials can collapse during diligence when regulatory or structural issues surface.

The Corporate Practice Doctrine

Can You Withhold Parenting Time If Child Support Is Not Paid in New Jersey?

Published on: July 13, 2026 | by James McGlew, II

One of the most common misconceptions in family law is the belief that a parent may deny visitation or parenting time when child support has not been paid. The reverse misconception is also common: some parents believe they may stop paying child support if they are denied parenting time. Under New Jersey law, both assumptions are incorrect.

Child support and parenting time are treated as separate legal obligations. A parent’s failure to comply with one obligation does not automatically excuse the other parent from complying with the other. While this principle can feel frustrating to parents involved in these disputes, New Jersey courts intentionally separate these issues because both are considered important to the child’s well-being.

This is a Common Misunderstanding

Preparing Your Healthcare Company for a Private Equity Transaction

Published on: July 6, 2026 | by Stephen A. Timoni

Private equity has become the dominant force reshaping healthcare ownership in the United States. Investors are actively pursuing physician practices, ambulatory surgery centers, behavioral health organizations, home health and hospice agencies, dental and dermatology groups, physical therapy providers, infusion companies, and med spas. Capital is abundant. Attractive targets are not.

The healthcare organizations that command premium valuations share a common trait: they prepared long before entering the market. Purchase price and valuation multiples dominate the conversation, but sophisticated buyers evaluate management depth, financial integrity, compliance infrastructure, and growth trajectory. These factors, more than trailing earnings, determine what a practice’s worth.

What Private Equity Buyers Are Really Buying

Do New Jersey Courts Favor Mothers in Custody Decisions?

Published on: June 29, 2026 | by James McGlew, II

One of the most persistent myths in divorce and custody litigation is the belief that courts automatically favor mothers when determining custody arrangements. Many fathers enter the process assuming they are at a disadvantage before the case even begins, while some mothers believe the law presumptively supports their position as the primary custodial parent. This is an outdated assumption.

Today, custody determinations are intended to be gender neutral. Courts are required to focus on one central issue which is serving the best interests of the child.

Understanding how custody decisions are actually made can help improve co-parenting discussions, and allow parents to focus on the factors the court is truly likely to consider.

Is There Legal Separation in New Jersey?

Published on: June 16, 2026 | by James McGlew, II

One of the most common misconceptions about divorce in New Jersey is the belief that spouses must become “legally separated” before they can file for divorce. Many people assume there is a formal court process that changes their marital status while they remain married but live apart.

Unlike some other states, New Jersey does not recognize legal separation as a formal legal status. While spouses may choose to live separately before or during divorce proceedings, they remain legally married until a final judgment of divorce is entered by the court.

Why People Assume Legal Separation Exists

New Jersey Appellate Division Opens the Door for Employees to Sue Employers for Adverse Actions Taken in Response to Testing Positive for Marijuana

Published on: June 2, 2026 | by Lisa Gingeleskie and Lindabury, McCormick, Estabrook & Cooper, P.C.

On May 26, 2026, the New Jersey Appellate Division held that the state’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) provides New Jersey employees with a private right of action to enforce its anti-discrimination provisions. As a result, New Jersey employees may now seek redress from the courts arising from adverse employment decisions based on them testing positive for cannabis products.

Background

In Sanders v. Levari Group, LLC, a New Jersey employer refused to hire a job applicant after a pre-employment drug test indicated the applicant’s use of cannabis items within the past month. There, the applicant accepted a conditional offer of employment and underwent an initial drug test. After testing positive for cannabis, the employer requested that the applicant submit to a repeat test at her own expense. When the applicant refused, the employer rescinded its offer of employment. Arguing that she did not use cannabis during the interview or drug testing process, the applicant filed a complaint in the New Jersey Superior Court. The trial court granted the employer’s motion to dismiss, finding no private right of action existed under CREAMMA and that the Cannabis Regulatory Commission was the proper enforcement body in the matter.

Does “Permanent” Alimony Ever End in New Jersey?

Published on: June 1, 2026 | by James McGlew, II

One of the most persistent misconceptions about divorce in New Jersey is the belief that “permanent alimony” means that alimony lasts forever. People hear the phrase and assume that once support is ordered, it can never be modified or terminated regardless of changes in circumstances. That is not how New Jersey law works today.

Following significant statutory reforms in 2014, New Jersey’s approach to long-term alimony has evolved. What was once commonly referred to as “permanent alimony” is now known as open durational alimony. While this type of support does not have a fixed end date at the time it is awarded, it is not automatically lifelong and may be modified or terminated when circumstances exist.

The Term “Permanent Alimony” Causes Confusion