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April 18, 2022Mandelbaum Barrett Construction Law Chair Jacqueline Greenberg Vogt authors article for NJBIZ titled "Fostering Constructive Collaboration in a post-COVID Environment"

How can project owners and contractors safeguard their projects, budgets, and businesses? After COVID-19 struck in 2020, the cost of building materials skyrocketed, driving up project costs. In the April 18th issue of NJBIZ, Mandelbaum Barrett Construction Law Chair Jacqueline Greenberg Vogt, Esq. discusses how these factors raised legal concerns among construction project owners and contractors alike regarding which party bears the burden of increased costs and project delays. She also details contractual provisions and practices that owners and contractors can implement to work better together to see a project through....

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April 13, 2022When Is It OK for an SNT Trustee to Be Compensated?

Question: Should a special needs trust (SNT) trustee be paid, and, if so, how much? Answer: It depends. The demands on a trustee can vary widely, depending on the size and complexity of the trust. Some family members serving in this role might simply oversee distributions and not need to charge anything at all for their time. But often the duties of a trustee can extend way beyond this scenario and warrant financial compensation — even for nonprofessional trustees who are family members. Such tasks can include making investment decisions about the trust's assets, arranging distributions to beneficiaries, paying taxes and other bills, and preparing an extensive annual report on the trust's income and outlays....

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April 11, 2022Arbitration Clause in Last Will and Testament Found to be Unenforceable by New Jersey Superior Court

Both lawyers and non-lawyers alike are familiar with arbitration clauses found in contracts. Whether the arbitration clause is found in a nursing home admissions agreement, or everyday "adhesion contracts" (for example, contracts governing the use and enjoyment of social media platforms), arbitration clauses can be found nearly everywhere – except a Last Will and Testament according to a recent New Jersey Superior Court decision....

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April 7, 2022Mandelbaum Barrett CEO and Best-Selling Author William Barrett Featured in ROI-NJ Article Discussing Corporate Dental Groups

Mandelbaum Barrett CEO and best-selling author William Barrett, Esq. was interviewed for the April 6th, 2022 issue of ROI-NJ discussing how more and more dental practices are joining corporate dentistry groups. "The consolidation of the dental specialty is happening at a rip-roaring pace right now," he said. "In the past week, I brought in six new transactions with doctors selling or partnering with dental support organizations, or DSOs, backed by private equity, as just one legal practitioner. We're a firm with a good reputation in the space, but that's still a remarkable number of transactions to have in a week."...

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April 5, 2022Mandelbaum Barrett CEO and Best-Selling Author William Barrett Featured on Recent Becker's Healthcare Podcast

Mandelbaum Barrett CEO and Best-Selling Author William Barrett, Esq. was recently featured on a Becker's Hospital Review podcast. In the episode, Mr. Barrett discusses the reasons he began focusing on the legal representation of dentists and dental specialists in practice transitions and his book "Pain-Free Dental Deals: An Entrepreneurial Dentist's Guide to Buying, Selling, and Merging Practices."...

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March 25, 2022New Jersey Tax Alert: Virtual Currency and Sales Tax

The New Jersey Division of Taxation has advised that the purchase of convertible virtual currency for investment purposes is treated as the purchase of intangible property and is not subject to sales tax. However, when a person uses convertible virtual currency as payment for taxable goods or services, New Jersey sales tax applies. Any seller and or retailer of taxable goods or services that accepts virtual currency as payment must determine the fair market value in U.S. dollars as of the date of payment and charge the purchaser sales tax on that transaction. Sellers that accept convertible virtual currency must record in their books and records the value of the convertible virtual currency accepted at the time of each transaction, converted to U.S. dollars and record the amount of sales tax collected at the time of each transaction, converted to U.S. dollars....

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March 24, 2022Advice on Vice: Do Alcohol, Tobacco and Pornography Count as Special Needs?

Vice might be nice, as the old saying goes, but can things like cigarettes, alcohol and pornography be paid for out of a special needs trust ("SNT")? The answer is… it depends. Obviously, if such activities are specifically ruled out in a third-party trust, then no cigar. If, for example, the person who funded and established the trust (sometimes referred to as the Grantor or Settlor) stipulated in the trust's terms that it not be used to purchase alcohol or cigarettes, then it is the trustee's duty to enforce those prohibitions. In many ways, the trustee serves as a referee calling the shots with the regard to what can and cannot be purchased using trust assets. But many trusts do not address such activities, so what is a trustee to do when a beneficiary wants to light up, pour a drink, and settle down to a pornographic pay-per-view movie on the trust's dime?...

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