Partner Dina M. Mastellone & Paralegal Amanda Frankel Pen Recent Article for ABA GPSolo Magazine

An article written by Partner Dina M. Mastellone and Paralegal Amanda Frankel entitled, “The Agony and The Ecstasy of Law Office Staffing,” was recently featured in GPSolo, the magazine of the American Bar Association’s General Practice, Solo and Small Firm Division, in the July/August 2017 Edition. The article explores the critical topic of hiring law firm staff and provides practical insights on how to legally and effectively land the right candidates.

Click here to read the entire article.

Ms. Mastellone is Chair of the Human Resource Training & Audit Programs Group and a Partner in the Employment Law & Litigation Practice Group.

Client Alert: Deadline for New Jersey’s Annual Pay-to-Play Disclosure is Approaching: Is Your Company Ready to File?

The New Jersey Election Law Enforcement Commission (“ELEC”) requires each business entity that received payments of $50,000 or more (in the aggregate) as a result of government contracts during the 2016 calendar year to electronically file a Business Entity Annual Statement (“Form BE”) with ELEC no later than Thursday, March 30, 2017.
The obligation to file arises whenever payments from New Jersey government entities reach the $50,000 threshold. This includes contracts with the State of New Jersey Executive and Legislative branches, counties, municipalities, boards of education, fire districts, and independent authorities, regardless of method of award.
Additionally, detailed contract and contribution information must be disclosed whenever the business entity or a covered individual made a “reportable” contribution during 2016. A contribution is “reportable” when it exceeds $300 per reporting period. In light of these requirements, it is necessary to review personal political contributions made by a business entity’s partners, officers, and directors (and certain members of their families). Additionally, because of varying election cycles, it may be necessary to review contributions made over the course of several years to determine whether any 2016 contributions are reportable.
Companies that fail to file on time may be subject to monetary penalties. To ensure a timely and accurate filing, companies that have yet to begin preparing Form BE should not delay.
Genova Burns LLC can help your company comply with the Form BE filing requirements. Contact Rebecca Moll Freed, Esq., Chair of the Corporate Political Activity Law Group, at rfreed@nullgenovaburns.com or 973-230-2075 or Avi D. Kelin, Esq. at akelin@nullgenovaburns.com or 973-646-3267.

Kevin Miller Quoted in the Pennsylvania Record

Associate Kevin R. Miller was recently quoted in the Pennsylvania Record discussing the Third Circuit’s opinion in Karlo v. Pittsburgh Glass Works, LLC, which broadened employer liability under the Age Discrimination in Employment Act (ADEA).  In an article entitled, “Third Circuit Court of Appeals Allows for Subgroups in Age Discrimination Case,” Mr. Miller commented that “in cases throughout the country where this type of claim is not yet recognized, you will see a greater push by plaintiffs’ attorneys to argue that their circuits should adopt the rationale behind the Third Circuit’s decision, and they will be able to cite to the Karlo decision for support.”

To read the full article, please click here.

Mr. Miller is an Associate in the Firm’s Newark, New Jersey office, and a member of the Employment Law & Litigation, Complex Commercial Litigation and Intellectual Property Law Practice Groups.

Nicholas R. Amato was Quoted in Recent Law360 Article Entitled “Hospitality Legislation And Regulation To Watch In 2017”

Nicholas R. Amato was quoted in a recent Law360 article entitled “Hospitality Legislation And Regulation To Watch In 2017”. Mr. Amato, is a former executive director of the New Jersey Casino Reinvestment Development Authority and a past president of the Casino Association of New Jersey. In the article, Mr. Amato quoted, “a good next step would be changes to allow onlookers to wager on the outcomes of those competitions as well”.

To read the full article please click here.

Nicholas R. Amato is of Counsel in the Firm’s Casino & Gaming Law, Alternate Dispute Resolution Law and Trusts & Estates Law Practice Groups.

Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption, even on a privately funded project, the developer must agree to use the City-approved project labor agreement (“PLA”), which is a pre-hire agreement that favors unionized contractors and subcontractors. On September 12, 2016, the Third Circuit Court of Appeals reinstated claims against Jersey City that its tax exemption ordinance mandating PLAs is preempted by the National Labor Relations Act and the Employee Retirement Income Security Act, and violates the dormant Commerce Clause of the U.S. Constitution. Now the case returns to the District Court for a determination whether Jersey City’s PLA requirement is unlawful. The Court was careful to explain that its ruling has nothing to do with public construction projects, and is limited to the City’s attempted regulation of privately funded projects. Associated Builders and Contractors v. City of Jersey City, No. 15-3166 (3rd Cir. Sept. 12, 2016).
For a more in depth discussion of the Court’s decision and its implications for municipalities that offer tax abatements in exchange for PLAs, click here. Questions relating to this important decision may be directed to any partner in our firm’s Labor Law Practice Group – James McGovern III, Patrick McGovern, Douglas Solomon, and John Vreeland.

Client Alert – Third Circuit Halts Sports Wagering in New Jersey

On August 9, 2016, the United States Court of Appeals for the Third Circuit, sitting en banc, released its much-anticipated decision in NCAA v. Governor of New Jersey. The Third Circuit ruled, in a 10-2 vote, that New Jersey’s latest effort to implement sports wagering in the state violated a federal statute known as the Professional and Amateur Sports Protection Act (“PASPA”). PASPA is a law that prohibits most states from authorizing by law sports wagering (Nevada, Delaware, Montana, and Oregon have varying levels of exemptions from PASPA). The decision affirmed a lower court ruling that New Jersey violated PASPA by partially repealing its sports wagering prohibitions.

Going forward, casino and racetrack operators should monitor both state and legislative developments regarding PASPA and sports wagering, as well as the likely appeal to the United States Supreme Court. To read the entire client alert, please click here

For more information, please contact Nicholas R. Amato, of Counsel, Chair of the firm’s Casino & Gaming Law Practice Group, at namato@nullgenovaburns.com or 973-535-7136 or Jordan Scot Flynn Hollander, Associate with the firm’s Casino & Gaming Law Practice Groups, at jhollander@nullgenovaburns.com or 973-387-7808.

Avi Kelin Recently Quoted in Corporate Counsel Magazine

Firm Associate Avi D. Kelin was recently quoted in a Corporate Counsel magazine article entitled “Koch Brothers-Backed Groups Hit With $233K FEC Fine Over Disclosures”. To read the entire article including Mr. Kelin’s quote, please click here.

Avi D. Kelin is a member of the Firm’s Business Law & Commercial Transactions, Commercial Real Estate & Redevelopment and Corporate Political Activity Law Practice Groups.

Client Alert – Important Tax Developments That Have Occurred During the Second Quarter of 2016

The following is a summary of some of the more important tax developments that have occurred during the second quarter of 2016 that may affect you, your family, your investments, and your livelihood. Please call us for more information about any of these developments and what steps you should implement to take advantage of favorable developments and to minimize the impact of those that are unfavorable.

  • New Jersey Adopts “Uniform Trust Code”
  • Termination of Trust Does Not Trigger Generation Skipping Transfer Tax
  • IRS Clarifies “Grantor Trust” Definition in Bankruptcy and Insolvency Settings
  • IRS Can Require Sole Owners of Disregarded Entities to Provide EINs
  • IRS Releases Stricter Collection Financial Standards
  • No Innocent Spouse Relief Where Applicant Wife Remained Silent
  • Post-Divorce Settlement Sale of Businesses Between Ex-Spouses Nontaxable
  • Taxpayer Entitled to Exclude Income Under Key Insolvency Exception

To read up on the useful tax planning tips listed above and many more, CLICK HERE.

For more information, please contact: Judson M. Stein, Partner and Chair of the Trusts & Estates Practice Group, at jstein@nullgenovaburns.com.

Client Alert – Appellate Division Limits Municipal Affordable Housing Obligation

On July 11, 2016, the Appellate Division issued a decision limiting the affordable housing obligation of municipalities. The court ruled that municipalities only had to provide for the prospective need for affordable housing for the period from 2016 until 2025. The decision reversed a lower court holding that created an obligation for municipalities to meet their prospective need requirements during the 16 year “gap period” between 1999 and 2015 in addition to the period starting in 2016.

Going forward, developers and property owners should monitor those municipalities which are seeking judicial determination that they are meeting their affordable housing obligations to see how the municipal proposals impact their properties.  To read the entire client alert, please click here.

For more information, please contact William F. Harrison at wharrison@nullgenovaburns.com or 973.535.4430. Mr. Harrison is Chair of the Firm’s Land Use & Approvals and Environmental Law Practice Groups and a Partner in the Commercial Real Estate & Redevelopment Practice Group.

Partner Dina M. Mastellone & Summer Associate Vinicius Beraldo Pen Recent Article in New Jersey Business Magazine

An article written by Partner Dina M. Mastellone and Summer Associate Vinicius Beraldo entitled, “How to Conduct Employee Reviews”, was recently featured in New Jersey Business Magazine. The article outlines the “Do’s” and “Dont’s” regarding best practices for conducting employee performance reviews.

Click here to read the entire article.

Dina M. Mastellone is Chair of the Human Resource Training & Audit Programs Group and a member of the Employment Law & Litigation Practice Group.

Page 1 of 212