New Jersey Law Blog Podcast

What Franchisors Can Expect in Bankruptcy

Thu, 14 Aug 2008 08:07:08 -0500

In light of the recent high profile bankruptcy filings of dining establishments such as Bennigans and Steak N Ale, Adam Siegelheim leads a discussion with Bankruptcy & Creditor’s Rights Attorneys Timothy Duggan and Thomas Onder to outline what franchisors need to understand about the bankruptcy process.

In this podcast the franchise and bankruptcy attorneys discuss: what happens to the franchise’s intellectual property assets; what are the responsibilities of the franchisees; how does the bankruptcy filing impact the restrictive covenants which exist and how do potential third-party purchasers of the system come into play.

You can download the full podcast here. (10.3 MB)

Boscov's Bankruptcy And What Their Suppliers Should Understand

Mon, 04 Aug 2008 17:35:43 -0500

The bankruptcy filing today of Boscovs Department Stores further demonstrates how consumers have been hurt by the housing downturn, job losses and higher costs for food and fuel. Following on the heels of Linens N Things and The Sharper Image, Boscov's cited decreased consumer spending and will immediately close 10 of its 49 stores, most of which are in New Jersey and Pennsylvania.

Suppliers to these and other similarly situated retail outlets have substantial rights to reclaim merchandise shipped to a debtor prior to their bankruptcy filing. Today's podcast on Boscov's Bankruptcy will explain those rights.

Bill Singer Interviewed on Bear Stearns Hedge-Fund Manager's Indictment

Mon, 23 Jun 2008 11:11:52 -0500

Bill Singer, Shareholder of Stark & Stark's Securities Practice group, was interviewed for Bloomberg Radio regarding the government's case against former Bear Stearns' hedge-fund managers Ralph Cioffi and Matthew Tanni after they were indicted on June 19, 2008.

Mr. Singer outlines possible strategies for both the prosecution and defense, and discusses the failure of U.S. regulators prior to the collapse of the mortgage market. You can read a full article discussing the indictment here.

You can download the full interview here. (3.8 MB)

Collecting Unpaid Fees and Assessments

Wed, 04 Jun 2008 08:57:05 -0500

David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, presented a seminar at the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute's Annual Conference and Expo on June 3, 2008 entitled Collecting Unpaid Fees and Assessments. Mr. Byrne's presentation included a discussion on liens, foreclosures, limited divestiture, mortgage foreclosures, surplus funds and rent receivership.

You can access a copy of Mr. Byrne's presentation materials online here. (PDF)

You can listen to Mr. Byrne's presentation here. (15 MB)

Avoiding Litigation In A Complex World

Wed, 30 Apr 2008 09:29:05 -0500

David J. Byrne, Shareholder and member of Stark & Stark's Community Associations group presented a seminar at the 21st Annual Cooperator's Co-Op & Condo Expo which was held April 28 - 29, 2008 in New York, New York.

Mr. Byrne's seminar entitled, Avoiding Litigation in a Complex World, focused on ways a Condominium Association, Homeowners Association, or Cooperative can collect maintenance fees and/or assessments from homeowners without resorting to lawsuits, such as rescinding parking privileges. Mr. Byrne further discussed strategies for avoiding litigation such as utilizing mediation and Alternative Dispute Resolution (ADR) for both New York and New Jersey and touched upon Risk Management and Fair and Unlawful Discrimination-Free Housing.

You can view a copy of the seminar materials here.

You can listen to Mr. Byrne's presentation here.

DurstNotes on Divorce Law - # 9

Fri, 28 Mar 2008 08:04:37 -0500

DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the ninth and final installment of DurstNotes on Divorce Law, and will discuss counsel fees. This podcast will address the considerations that are taken into account when determining who will have to pay counsel fees.

You can download Installment #9 here. (4.3 MB)

Installment 9 Show Notes (PDF)

DurstNotes on Divorce Law - # 8

Fri, 21 Mar 2008 08:27:06 -0500

DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the eighth installment of DurstNotes on Divorce Law, and will discuss medical and life insurance coverage. The podcast will address how to change the beneficiary of your life or medical insurance, as well as how to maintain your insurance after the divorce settlement is finalized.

You can download installment #8 here. (4.2 MB)

Installment 8 Show Notes (PDF)

New Jersey Legal Update - Podcast # 73

Fri, 14 Mar 2008 08:07:04 -0500

This week's Franchise Law podcast is an interview with the Vice President of Franchisee Development for Huntington Learning Center, Tom Spadea. The interview took place at February's 2008 International Franchise Association's Annual Convention in Orlando, Florida and discusses franchise development and recruitment strategies, the new Franchise Disclosure Document, and a discussion on how to train your employees on policy and procedure updates.

This week's Franchise Law Podcast is presented by Adam J. Siegelheim of Stark & Stark's Franchise group.

You can download the New Jersey Legal Update podcast #73 here (8.6 MB)

DurstNotes on Divorce Law - # 6

Fri, 07 Mar 2008 08:05:56 -0500

DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the sixth installment of DurstNotes on Divorce Law, and will discuss equitable distribution. This podcast will address how equitable is determined through a discussion of marital assets and liabilities at the time of your divorce. This podcast will also give you an outline of the procedures used to create an equitable distribution format.

You can download installment #6 here. (8.3 MB)

Installment 6 Show Notes (PDF)

DurstNotes on Divorce Law - # 5

Fri, 29 Feb 2008 08:05:03 -0500

DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the fifth installment of DurstNotes on Divorce Law, and will discuss alimony. The podcast will address the factors that are considered in determine alimony, a discussion on the differences between alimony and child support, and the ability to modify an alimony payment.

You can download installment #5 here. (5.9 MB)

Installment 5 Show Notes (PDF)

DurstNotes on Divorce Law - # 4

Fri, 22 Feb 2008 09:12:56 -0500

DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the fourth installment of DurstNotes on Divorce Law, and will discuss the payment of college expenses for a child. The podcast will address the determining factors of college expenses such as the amount of contribution being sought, the ability of each parent to pay the anticipated amount, and the financial resources of the child.

You can download installment #4 here. (5.1 MB)

Installment 4 Show Notes (PDF)

DurstNotes on Divorce Law - # 3

Fri, 15 Feb 2008 08:00:49 -0500

DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the third installment of DurstNotes on Divorce Law, and will discuss the emancipation of a child. This podcast will address state regulations and the exceptions to these regulations, what factors are considered when emancipation is an option, and how a family's lifestyle can determine whether or not emancipation is the best option for the child.

You can download installment #3 here. (4.5 MB)

Installment 3 Show Notes (PDF)

DurstNotes on Divorce Law - # 2

Fri, 08 Feb 2008 08:08:30 -0500

DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the second installment of DurstNotes on Divorce Law, and will discuss child support. This podcast will address guidelines for the amount of support that needs to be paid from one parent to another, as well as medical expenses, work-related daycare expenses, educational tutoring, athletic fees and additional extracurricular activities.

You can download installment #2 here. (3.9 MB)

Installment 2 Show Notes (PDF)

DurstNotes on Divorce Law - # 1

Fri, 01 Feb 2008 08:09:14 -0500

DurstNotes on Divorce Law is a nine part podcast series of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law.

This is the first installment of DurstNotes on Divorce Law, and will discuss custody of the children. This podcast will address common aspects of child custody related matters, such as physical and legal custody, supervised visitation rights, use of a parenting coordinator, and how to agree on an arrangement in the best interest of the child.

You can download podcast # 1 here. (6 MB)

Installment 1 Show Notes (PDF)

New Jersey Legal Update - Podcast # 72

Fri, 25 Jan 2008 08:05:57 -0500

This week's Franchise Law podcast is an interview with the President of MFV Expositions, Tom Portesy. The interview discusses the growing rate of franchises in and outside of the United States and what this means for the future of the franchise industry. The interview took place at the 2008 Franchise Expo South, held earlier this month in Miami Beach, Florida.

This week's Franchise Law Podcast is presented by Shareholder of Stark & Stark's Franchise Law Group, Adam J. Siegelheim.

You can download the New Jersey Legal Update podcast #72 here. (3.6 MB)

New Jersey Legal Update - Podcast # 71

Thu, 24 Jan 2008 09:55:56 -0500

This week's Franchise Law podcast is an interview with Chief Franchising Officer of Hollywood Tans, Steve Beagelman. The interview took place at the 2008 Franchise Expo South, held earlier this month in Miami Beach, Florida.

This week's Franchis Law Podcast is presented by Shareholder of Stark & Stark's Franchise Law Group, Adam J. Siegelheim.

You can download the New Jersey Legal Update Podcast # 71 here. (6.8 MB)

New Jersey Legal Update - Podcast # 70

Fri, 04 Jan 2008 08:04:00 -0500

This week's New Jersey Legal Update podcast will discuss the necessary insurance coverage needed for franchisors in order to protect your franchise system against claims. This podcast will address good practices to follow when determining your level of insurance, as well as a discussion on industry standards and the various types of coverage available to you and your business.

This week's New Jersey Legal Update is presented by Adam J. Siegelheim, a member of Stark & Stark's Franchise Group.

You can download the New Jersey Legal Update Podcast # 70 here. (6 MB)

Divorce Law Podcast - # 10

Thu, 06 Dec 2007 08:08:47 -0500

Divorce Law Podcast - # 9

Thu, 29 Nov 2007 08:03:05 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This ninth installment of the Divorce Law Podcast will focus on the follow-up issues you will encounter after your divorce has been settled. This includes the enforcement and implementation of the judgment from your case, including any QDROs (Qualified Domestic Relations Order) that may have been determined during your case.

You can download the ninth installment here. (4.2 MB)

Episode 9 Show Notes (PDF)

Divorce Law Podcast - # 8

Thu, 15 Nov 2007 08:53:00 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This eighth installment of the Divorce Law Podcast will focus on the actual trial of your case. This podacst will discuss the various steps and issues you may encounter if your divorce goes to trial, including a discussion on appealing the decision of your divorce.

You can download the eighth installment here. (4.5 MB)

Episode 8 Show Notes (PDF)

Divorce Law Podcast - # 7

Thu, 08 Nov 2007 08:37:24 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This seventh installment of the Divorce Law Podcast will focus on alternative dispute resolutions. This podcast will discuss the options you can address with your attorney in order to avoid an expensive and lengthy courtroom litigation, such as mediation, arbitration or early settlement proceedings.

You can download the seventh installment here. (4.2 MB)

Episode 7 Show Notes (PDF)

Divorce Law Podcast - # 6

Thu, 01 Nov 2007 09:07:38 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This sixth installment of the Divorce Law Podcast will focus on discovery. Discovery is a second step, and a more formal way, of gathering information relevant to your divorce proceedings. This podcast will discuss the various types of discovery proceedings, as well as some reasons why you may want to consider a formal discovery process with your attorney.

You can download the sixth installment here. (3.8 MB)

Episode 6 Show Notes (PDF)

Divorce Law Podcast - # 5

Thu, 25 Oct 2007 08:01:42 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This fifth installment of the Divorce Law Podcast will focus on pre-trial motions. Because a large majority of divorce cases are settled outside of the courtroom, pre-trial motions are a very important way of determining the terms of your divorce. This can include, but are not limited to, issues such as child support, alimony, allocation of household bills, allocation of household assets, insurance coverage and parenting time/custody.

You can download the fifth installment here. (3.6 MB)

Episode 5 Show Notes (PDF)

Divorce Law Podcast - # 4

Thu, 18 Oct 2007 08:06:42 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This fourth installment of the Divorce Law Podcast will focus on filing your complaint. This podcast will also address the issue of whether or not your case should be a "fault" or a "no fault" case, and what that difference can mean to your divorce proceedings.

You can download the fourth installment here. (2.8 MB)

Episode 4 Show Notes (PDF)

Divorce Law Podcast - # 3

Thu, 11 Oct 2007 08:01:17 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This second installment of the Divorce Law Podcast will focus on the importance of gathering information and evidence for your divorce proceedings. This podcast will discuss the basic documents you should collect in order to proceed successfully with your divorce.

You can download the third installment here. (3MB)

Episode 3 Show Notes (PDF)

Divorce Law Podcast - # 2

Thu, 04 Oct 2007 09:18:39 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce.

This second installment of the Divorce Law Podcast will focus on the selection of the attorney who will assist you through your divorce. This podcast will discuss the three C's you should consider when selecting an attorney: competency, cost and chemistry.

You can download the second installment here. (4 MB)

Episode 2 Show Notes (PDF)

Divorce Law Podcast - # 1

Thu, 27 Sep 2007 08:06:00 -0500

The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. Throughout the series, Mr. Durst will answer the most common questions individuals considering a divorce will face, and together the series of podcasts are constructed so that listeners may use them as an "owners manual" for their divorce.

This first installment of the Divorce Law Podcast will focus on the initial discussions you and your spouse will have after the decision to separate has been made, including guidelines for how to approach the subject of divorce with your children.

You can download the first installment here. (3.6 MB)

Episode 1 Show Notes (PDF)

New Jersey Legal Update - Podcast # 69

Fri, 29 Jun 2007 08:07:09 -0500

This week's New Jersey Legal Update podcast will discuss the recently revised anti-discrimination laws in New Jersey. This podcast will address the new additions to the New Jersey Law Against Discrimination, which are "gender expression" and "an employee's involvement in civil unions."

This week's New Jersey Legal Update podcast is presented by John MacDonald, Shareholder of Stark & Stark's Employment Litigation Group.

You can download the New Jersey Legal Update Podcast # 69 here. (2.95 MB)

New Jersey Legal Update - Podcast # 68

Fri, 22 Jun 2007 08:12:32 -0500

This week's New Jersey Legal Update podcast will discuss the United States Fair Housing Act, and its connection to community associations.

This week's New Jersey Legal Update podcast is presented by Dave Byrne, Co-Chair and Shareholder of Stark & Stark's Community Associations Group.

You can download the New Jersey Legal Update Podcast # 68 here. (5.86 MB)

New Jersey Legal Update - Podcast # 67

Fri, 25 May 2007 08:01:46 -0500

This week's New Jersey Legal Update podcast will discuss a recent chapter that was published by Jason Storipan, and Thomas Lewis, of Stark & Stark's Employment Group, for Human Resources 2007: Answers to the Top 25 HR Questions in 2007. The chapter is entitled Attendance Control Issues: Balancing Employee and Employer Rights. This podcast will highlight the major points of the chapter and offer a discussion on the complexities of ensuring equal rights in the workplace.

This week's New Jersey Legal Update podcast is presented by Jason Storipan, member of Stark & Stark's Employment Group.

You can download the New Jersey Legal Update Podcast # 67 here. (6 MB)

New Jersey Legal Update - Podcast # 66

Fri, 18 May 2007 15:12:18 -0500

This week's New Jersey Legal Update podcast is a follow-up to a previous podcast on minority oppression discussing who can file a minority oppression lawsuit, and what one can expect if they do. This podcast will follow up with a discussion of one of the most important parts in a minority oppression lawsuit - valuation

This week's New Jersey Legal Update podcast is presented by Scott Unger, Shareholder of Stark & Stark's Litigation Group.

You can download the New Jersey Legal Update Podcast # 66 here. (5.9 MB)

New Jersey Legal Update - Podcast # 65

Fri, 04 May 2007 08:18:28 -0500

This week's New Jersey Legal Update podcast is a seminar presented by David J. Byrne, Shareholder in the firm's Community Associations Group, which was given to attendees at last week's 21st Annual Cooperator's Co-op & Condo Expo, in New York, New York.

The seminar discussed fiduciary duty & governing documents, the roles of boards, members and management in cooperatives, what is necessary when conducting board meetings, and cases/courtroom stories involving associations and cooperative governance issues.

You can download the New Jersey Legal Update Podcast # 65 here. (34 MB)

New Jersey Legal Update - Podcast # 64

Fri, 13 Apr 2007 08:17:31 -0500

This week's New Jersey Legal Update podcast is an interview with Tony Foley, President of World Franchisors. This podcast will address when is the right time to venture into the international market, how franchisors can support franchisees outside of the United States and what legal regulations franchisors need to be aware of before entering into the international franchise market.

This week's New Jersey Legal Update is presented by Adam Siegelheim, member of Stark & Stark’s Franchise Group.

You can download the New Jersey Legal Update Podcast here. (5.6 MB)

New Jersey Legal Update - Podcast # 63

Fri, 06 Apr 2007 08:06:09 -0500

This week's New Jersey Legal Update podcast is an interview with Dave French, Vice President of the International Franchise Association. This podcast will address some of the recently proposed legislation in various states, as well as a discussion on the current status of the Employee Free Choice Act.

This week's New Jersey Legal Update is presented by John MacDonald, member of Stark & Stark’s Franchise Group.

You can download the New Jersey Legal Update here. (5.92 MB)

New Jersey Legal Update - Podcast # 62

Fri, 30 Mar 2007 11:59:50 -0500

This week's New Jersey Legal Update podcast will discuss the case In re Lead Paint Litigation, which is currently before the New Jersey Supreme Court. This podcast will give a brief discussion on the background, facts, and parties of the case, an overview of the procedural events that have occurred, as well as a discussion on the impact this decision could have throughout the state of New Jersey.

This week's New Jersey Legal Update is presented by Scott Unger, member of Stark & Stark’s Litigation Group.

You can download the New Jersey Legal Update here. (5.4 MB)

New Jersey Legal Update - Podcast # 61

Fri, 16 Mar 2007 10:02:13 -0500

This week's New Jersey Legal Update podcast will discuss the newly revised Federal Trade Commission Rule. This podcast will explain the foundation for the rule, as well as how the revised rulings can affect you and your company.

This week's New Jersey Legal Update is presented by Adam Siegelheim, member of Stark & Stark’s Franchise Group.

You can download the New Jersey Legal Update # 61 here. (9.05MB)

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