Emerging Markets

Our multidisciplinary team is industry neutral and provides assistance and knowledge across the comprehensive product and business development lifecycles.

Technology is changing at breakneck speed. Today’s innovation quickly becomes tomorrow’s standard fare; however, technology is nothing but a hollow vessel, a novelty, unless it is applied in a proper context to improve operations, create efficiencies, or help people.

Mandelbaum Barrett’s perspective regarding Emerging Technology and the lawyer’s role is unique. Our multidisciplinary team is industry neutral – whether it is tied to the emergence of Cannabis as a medical and recreational gamechanger on American society, or cybersecurity and blockchain related technologies focused on protecting the confidentiality, privacy, authentication and integrity of data exchange, our experienced team provides assistance and knowledge across the comprehensive product and business development lifecycles.

Our current areas of expertise include our work with some of today’s most emergent industries such as:

  • Blockchain Technology
  • Cannabis
  • Energy
  • Pharma & Life Sciences
  • Medical Devices
  • Food Technologies
  • Social Media Advancements
  • Biotech

Our attorneys are experts in providing and protecting the startup company with all of the resources and foundational support necessary to ensure the business risks have been mitigated, removed or otherwise addressed. We position each emerging technology company so that as it grows, the structure is in place to raise capital, minimize taxes, ensure proper Intellectual Property protection, and adhere to regulatory requirements ranging from employment issues to SEC compliance.

The team is sensitive to the financial pressures facing emerging businesses, and recognizes the importance of limiting liability while allowing the company to aggressively compete and succeed in a fast-paced marketplace. Mandelbaum Barrett sees its role as legal counsel to be one of facilitation, rather than restraint. We partner with emerging businesses to not only offer sound legal advice but also to offer access to resources in the financial community and across the business spectrum.

Each Emerging Technology client is assigned one attorney as the “Gatekeeper”. This individual is responsible for advocating on behalf of the client, identifying the key legal needs and expertise required to protect and launch the business, as well as to ensure that milestones are met and key introductions are made. Leaders that compose this multidisciplinary team include attorneys from practice areas such as:

  • Intellectual Property
  • Corporate
  • Tax
  • Life Sciences
  • Healthcare
  • Environmental Law
  • Securities Law
  • Banking
  • Employment Law
  • Commercial Litigation
  • Technology Litigation
  • Commercial Real Estate

Peter Levy Authors Article in ROI-NJ Titled “Future Shock: What Happens when Medical Device Technology Moves Faster than Regulation Governing it?”

February 9, 2022

The FDA has some catching up to do on establishing clear regulations around a new class of medical devices known as “Software-as-a-Medical Device (SaMD).” Currently, technological and scientific advances are outpacing the regulators and without specific rule-sets for these innovations, many safety and security requirements and liability questions remain unknown. Peter A. Levy explores these healthcare […]

Peter Levy Interviewed by ROI-NJ About Challenges and Opportunity with New Emerging Technologies Practice

November 7, 2018

Peter A. Levy, Chair of Mandelbaum Barrett's newest practice area, EmergingTechnologies, talks with ROI-NJ about the challenges and opportunities in this space and how the Firm manages client's needs. Click here to read the article in full.

Peter Levy Quoted in Bloomberg Law on Micro Niches for Law Firms

October 10, 2018

Peter A. Levy, Chair of the Firm's Emerging Technologies and Life Sciences Practice Groups was interviewed for an article in Bloomberg Law's Big Business Special Report about Micro Niches for Law Firms.Click here to read the full article.

Peter Levy Interviewed By TheStreet.Com On Advancements in Technology

September 24, 2018

Peter A. Levy, Chair of the Firm's Emerging Technologies and Life Sciences Practice Groups was recently interviewed for an article on TheStreet.Com about advancements in technology where he shares valuable insight from his experiences working with emerging tech companies launching the newest technologies of the future. Click here to read the full article.

The Ins and Outs of Estate Sales

August 9, 2022

Following the death of a family member, you may find yourself needing to sort through many possessions accumulated over the deceased’s lifetime. An estate sale is one way to distribute those items that you do not want or need quickly and efficiently. While selling someone’s furniture, jewelry, artwork, antiques, and other belongings yourself can mean […]

Housing Considerations When Your Child With Special Needs Becomes an Adult

August 8, 2022

Affordable, safe housing is one of the most crucial aspects of a person’s life, especially if that person has a disability. Parents and guardians must plan for this as early as possible to make sure their loved one has a secure and appropriate living situation long after they either become unable to provide care or […]

Peter Tanella, Esq. authors article for Today’s Veterinary Business titled “How Groomer Clients Become Adversaries”

August 2, 2022

“Pets can be injured — or worse — through sheer negligence or unforeseen events. Learn to reduce the risk and your legal exposure.” Pet grooming in the United States is an $8 billion-a-year industry with untapped growth potential, especially in the veterinary profession, but it’s also ripe for mishaps and liability claims. Mandelbaum Barrett Veterinary Law […]

Navigating Types of Dental Transactions & the Financial Terms to Know

August 2, 2022

It is imperative that dentists ask three financial questions to ensure a deal is advantageous to them: how much is being paid to the seller; where is the money to pay the seller coming from; and when will the seller receive payment? To determine the answers to these questions dentists looking to buy or sell a […]

CEO William Barrett named to ROI-NJ’s Inaugural “Influencers in the Law” List

July 28, 2022

ROI-NJ has just announced its inaugural “Influencers in the Law” list and we are thrilled that CEO William Barrett has been named to this list. This list pulls together some of the best and brightest attorneys from business transactions to intellectual property disputes, HR issues to cyber concerns, health care challenges, and more throughout the […]

What is an Executor?

July 28, 2022

An executor is the person or institution responsible for managing the administration of a deceased person’s estate. The executor (also called a personal representative) is either named in a will or appointed by the court, if there is no will. In addition to an individual, a bank, trust company, or other institution can serve. Executors are […]

Some Social Security Beneficiaries Can Get Retroactive Payments — But at a Cost

July 26, 2022

If you need a lot of cash on hand upon retirement, Social Security offers a lump-sum payment option that’s worth six months of benefits. However, it comes at a cost. It is important to understand the details before agreeing to the payment. If you have waited beyond your full retirement age (66 for those born […]

Dynasty Trusts: A Tax-Efficient Way to Pass Wealth Down Through the Generations

July 25, 2022

If you want to pass money to future generations without having it subject to gift and estate taxes, then a dynasty trust may be right for you. A dynasty trust allows trust assets to be used for the benefit of multiple generations while keeping the assets out of the grantor’s and the beneficiaries’ taxable estates.  […]

Deal Alert: Joshua Gorsky handled a transaction for a regional bank in the refinance of Hoboken apartments totaling approximately $1.7mm

July 25, 2022

Mandelbaum Barrett Real Estate Partner Joshua Gorsky, Esq. handled a transaction for a regional bank in the refinance of Hoboken apartments totaling approximately $1.7mm.  Read more about Josh’s practice area.

CEO William S. Barrett named to NJBIZ Power 50 in Law List for 2022

July 25, 2022

Congratulations to our CEO William Barrett, Esq. who has been named to the NJBIZ Power 50 in Law list for 2022. Bill not only serves as strategic counsel to businesses throughout the country, but he also leads Mandelbaum Barrett’s continued growth and innovation. He gives personal attention to not just his clients, but also the […]

Partner Casey Gocel Presents “A Legal Health Checkup” to Fortune Management Dentists in Hawaii

July 22, 2022

On July 20, 2022, Casey Gocel, who co-chairs the firm’s National Dental Law Group, was in sunny Hawaii with Fortune Management talking about the importance of giving one’s dental practice a legal health checkup. During her session, Casey emphasized the need to look at corporate compliance, healthcare regulatory requirements, employment compliance, HIPAA and cybersecurity, real […]

Construction Law Alert: Supreme Court Says Condo Association May Pursue Insurer in Construction Defect

July 20, 2022

On July 18, 2022, in Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company, (a-76-20) (085606), the New Jersey Supreme Court unanimously concurred with an Appellate Division decision in favor of a condominium association’s right to sue the insurer of an insolvent contractor for construction defect claims under New Jersey’s Direct Action Statute, N.J.S.A. 17:28-2 […]

How to Get Into a Nursing Home as a Medicaid Recipient

July 20, 2022

While Medicaid helps pay for nursing home care, being admitted to a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation.  With the median cost of a nursing home room being more than $250 a day, most families need help paying for long-term care. […]

IRS Update: Estate Tax Return

July 19, 2022

In Revenue Procedure 2022-32, the IRS stated that it will now permit an executor of an estate that is not otherwise required to file an estate tax return to file a late return to elect portability, up to five years after the date of the decedent’s death. Filing this return does not change the statute of limitations […]

Vincent Roldan, Esq. Co-Authors Article in the American Bankruptcy Institute Journal titled “Fifth Circuit in CJ Holding Declines to Find ‘Excusable Neglect'”

July 19, 2022

Mandelbaum Barrett Bankruptcy and Creditors Rights Partner Vincent Roldan, Esq. has co-authored an article with Jane Kim, Esq. in the July 2022 issue of American Bankruptcy Institute Journal titled “Fifth Circuit in CJ Holding Declines to Find ‘Excusable Neglect.‘” Read article here. Mr. Roldan also serves as the Coordinating Editor for ABI Journal.

How to Deal with an Estranged Child in Your Estate Plan

July 19, 2022

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan. Depending on the level of estrangement and the reasons for the estrangement, the following are […]

Deal Alert: Joshua Gorsky recently represented a Buyer in the purchase, and subsequent financing of, a 90,000 square foot industrial building in Illinois

July 18, 2022

REAL ESTATE DEAL ALERT:  Mandelbaum Barrett Real Estate attorney Joshua Gorsky recently represented a Buyer in the purchase, and subsequent financing of, a 90,000 square foot industrial building in Danville, IL. This transaction was structured as a sale-leaseback with the in-place tenant.  In this type of transaction, the seller sells an asset and leases it […]

Using an Intentionally Defective Grantor Trust to Transfer Assets

July 12, 2022

An intentionally defective grantor trust (IDGT) is a common estate planning tool that is used by wealthy families to transfer assets from one generation to the next while achieving significant tax savings. IDGTs are especially useful if you have assets that will appreciate significantly over time.   An IDGT is “intentionally defective” because it purposely […]

Through PASS, People With Disabilities Can Pursue Work Goals Without Losing SSI Benefits

July 12, 2022

To qualify for Supplemental Security Income (SSI), a federal program that provides people with disabilities a monthly stipend, individuals must conform to very strict income and asset limits. Often, SSI beneficiaries who could hold a job opt not to because they worry about losing their benefits if they earn too much. While this is a valid concern, a […]

New Jersey Middle Class Property Tax Relief Program

July 11, 2022

L. 2022, S2023 (c. 49), effective 07/01/2022, establishes a homestead tax rebate program for property tax purposes based on the 2019 tax year. The rebate for eligible homestead owners with gross income not in excess of $150,000 will be up to $1,500 of property taxes paid. The rebate for eligible homestead owners with gross income in […]

What to Do if You Want to Leave Your Children Unequal Inheritances

July 11, 2022

Parents usually want to leave their children equal shares of their estate, but equal isn’t always fair. If you plan to provide more (or less) for one child in your estate plan, preparation is important.  It is natural for parents to want to treat their children equally in their estate plan, but there are some […]

Medicare Advantage Plans Often Wrongly Deny Necessary Care, Study Finds

July 8, 2022

In an alarming number of instances, private Medicare Advantage plans are denying coverage for medical services that would be covered under original Medicare, according to a federal investigation. These denials are likely preventing or delaying medically necessary care for tens of thousands of Medicare Advantage beneficiaries each year. The investigation by the Department of Health and […]

Lawrence Weiner Issues Broker Alert for SIOR: Does your Listing Agreement Strengthen your Claim to a Lien on Sale Proceeds?

July 8, 2022

I know you have faced this situation. The closing is scheduled, and you are expecting to be paid your full commission at closing. Then shortly before the closing, the seller contacts you advising that s/he does not think you are entitled to a commission or is demanding that you agree to discount your commission. Since […]

New Jersey Child Tax Credit Program

July 8, 2022

L. 2022, S2523, effective for tax years beginning on or after 01/01/2023, provides to New Jersey residents, a child tax credit for each child who has not attained six years of age as of the close of the tax year. Regardless of filing status, the amount of the credit will be: (1) $500 if New Jersey […]

Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care

July 6, 2022

Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

The Tax Consequences of Selling a House After the Death of a Spouse

July 5, 2022

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision.  The biggest concern when selling property is capital gains taxes.  A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]

WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?

July 5, 2022

AAML is a national organization with chapters in most states.  There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey.  Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]

Mandelbaum Barrett Successfully Dismisses Claims in Case Involving Geico Alleging RICO and Other Violations

July 5, 2022

In a decisive early victory in court, Dr. Elkholy and the Precision Pain & Spine Institute secured the dismissal of all but one of Geico’s claims against them, including Geico’s RICO and common law fraud claims, and forced Geico to institute these claims in arbitration. Dr. Elkholy and the Precision Team are confident that they […]

Deal Alert: Mandelbaum Barrett Real Estate partner Joshua Gorsky, Esq. recently represented a Buyer in the purchase of a commercial building in Summit, NJ.

June 30, 2022

The contract of sale was first signed in 2020 and was made contingent on the Buyer obtaining approval from the Zoning Board of Adjustment to convert the existing restaurant on site into a state-of-the-art veterinary facility. Michael J. Lipari, Esq. of the firm’s Land Use and Zoning group obtained a Use Variance, a Bulk Variance and […]

New Jersey Tax Alert: New Jersey Governor Phil Murphy and legislative leaders have reached an agreement on a proposal for a back-to-school sales tax holiday.

June 28, 2022

The sales tax holiday would take place from August 27 to September 5, 2022. Under the sales tax holiday, tax exempt supplies and equipment include: (1) school supplies, such as pens and pencils, notebooks, and binders; (2) school art supplies, such as paints and paintbrushes, clay, and glazes; (3) school instructional materials, such as reference […]

Congratulations to Mandelbaum Barrett Partners Damian Conforti, Raj Gadhok and Casey Gocel who were named to the Morris/Essex Health & Life Magazine – Essex County’s Top Lawyers List for 2022.

June 27, 2022

The selection process involved attorneys throughout the county being asked to select peers whom they deem are the best within their practice area and whom they would seek out for particular legal needs. Learn more here. 

Deal Alert: Mandelbaum Barrett Real Estate Partner Joshua Gorsky, Esq. recently represented a regional bank in the financing of the purchase of an industrial property in Chesapeake, VA. 

June 27, 2022

With the firm’s national reach, Josh represents clients in many states.

Congratulations to Donald “Donny” A. Dennison, Esq., who has been elected to serve on the Executive Committee for the New Jersey State Bar Association, Elder and Disability Law Section for 2022-2023.

June 24, 2022

Donny will be serving as the Legislative Chair and his responsibilities will include presenting new state and federal legislation to the Section for review, facilitating discussions within the Section about the applicable pieces of legislation, and presenting the Section’s position to the State Bar Association if the Section decides as a whole to support / […]

IRS Increases Mileage Rate for the Remainder of 2022

June 24, 2022

In June 2022, the IRS announced an increase in the optional standard mileage rate for the final six months of 2022. Taxpayers may use the optional standard mileage rates to calculate the deductible costs of operating an automobile for business and certain other purposes. These new rates become effective 7/1/2022. Mandelbaum Barrett Tax Law Partner Martin […]

Congratulations to Lynne Strober, Esq. and Vito Colasurdo, Jr., Esq. who were named members of the 2022 Executive Committee for the New Jersey State Bar Association – Family Law Section.

June 23, 2022

Lynne has been reappointed as an Emeritus member. She was Chair of the NJSBA Family Law Section from 1992-93. Vito has been appointed for the first time.

What Should Veterinary Businesses Know About the New Ban on Forced Arbitration of Employee Sexual Abuse Claims?

June 17, 2022

There is a general belief that arbitration favors employers and large businesses. However, an important change in the law, backed by bipartisan support, has advanced employee rights significantly by increasing their access to courts for certain claims. Specifically, the new law affects an employer’s ability to enforce an arbitration agreement and handle sexual harassment/assault claims […]

Peter Tanella, Esq. authors article in Today’s Veterinary Business titled “When an Infection Triggers a Lawsuit”

June 17, 2022

Peter Tanella, Esq., Chair of the National Veterinary Law Group at Mandelbaum Barrett has authored an article in the June/July issue of Today’s Veterinary Business titled “When an Infection Triggers a Lawsuit.” The article is featured in Mr. Tanella’s regular column called “Legal Lingo” and reviews a New York court case that serves as a cautionary tale […]

What Can ABLE Account Money Be Spent On?

June 17, 2022

ABLE (Achieving a Better Life Experience) accounts offer people with disabilities a great, tax-free way to accumulate money without jeopardizing their qualifications for Supplemental Security Income (SSI) and other means-tested programs. Withdrawals are tax-free as long as the money is used for “qualified disability expenses.”  The arguments for starting and maintaining such funds are overwhelming, not […]

Can My Family Inherit My Season Tickets?

June 17, 2022

Sports fans with season tickets may want their families to enjoy the tickets after they are gone, but passing on these tickets may not be simple.   Getting season tickets to your favorite sport is not always an easy task. Season tickets for some teams can cost a lot of money and require time on […]

Michael A. Saffer, Esq., of Mandelbaum Barrett Named Chairman of the Board of Trustees for Kessler Foundation

June 17, 2022

Roseland, N.J.(May 17, 2022) – Mandelbaum Barrett PC has announced that Partner Michael A. Saffer, Esq., has been named Chairman of the Board of Trustees of the Kessler Foundation. Saffer has been a member of Kessler Foundation’s Board of Trustees for four years and most recently served as Chair of the Foundation’s Research Committee for two years.  Kessler Foundation researchers […]

IRS Update: Employer Leave Based Donation Programs to Aid Victims of the Further Russian Invasion of Ukraine

June 17, 2022

Notice 2022-28, 2022-23 IRB In the above referenced notice, the IRS said employer leave-based donation payments by an employer before January 1, 2023, to Code Sec. 170(c) organizations to aid victims of Russia’s invasion of Ukraine will not be treated as gross income or wages of the employer’s employees. Under an employer leave-based donation programs, […]

Should You Prepare a Medicaid Application Yourself?

June 17, 2022

Navigating the Medicaid application process can be complicated, especially if you are applying for long-term care benefits. Hiring an attorney to help you through the process can be extremely helpful.  Whether you should prepare and file a Medicaid application by yourself or should hire help depends on answers to the following questions: How old is […]

Three Warning Signs That You May Need a Professional Trustee

June 17, 2022

Sometimes a parent or relative of a person with special needs will establish a special needs trust for their family member and decide to serve as the sole trustee of the trust. In other cases, a parent won’t want to serve as trustee, but will ask a close friend or family member to serve without […]

What to Do If Your Medicaid Application Is Denied

June 17, 2022

If you apply for long-term care assistance through Medicaid in New Jersey and your application is denied, the situation may seem hopeless. The good news is that you can appeal the decision. Medicaid is a program for individuals with minimal resources, so it has strict asset eligibility requirements. Qualifying for Medicaid requires navigating the complicated […]

5 Rights That Trust Beneficiaries Have

June 17, 2022

As a trust beneficiary, you may feel that you are at the mercy of the trustee, but depending on the type of trust, beneficiaries may have rights to ensure the trust is properly managed. A trust is a legal arrangement through which one person, called a “settlor” or “grantor,” gives assets to another person (or […]

Why Small Business Owners Need an Estate Plan

June 17, 2022

Running a small business can keep you busy, but it should not keep you from creating an estate plan. Not having a plan in place can cause problems for your business and your family after you are gone. While an estate plan is important for everyone, it is especially important for small business owners. Planning […]

Support Your Child With Disabilities — and Still Qualify for Medicaid

June 17, 2022

If you have a child with a disability, providing for them into the future will likely stand among your top priorities. However, if you also wish to apply for Medicaid to cover your own long-term care expenses, first consider establishing a special needs trust (SNT) for your child. This will allow you to transfer assets […]

Assistance Is Available for Veterans’ Children with Disabilities

June 17, 2022

Children with disabilities whose parents are veterans, living or deceased, may be entitled to government support. Veterans and their children might not be aware of the fact, but financial assistance is available through the U.S. Department of Veterans Affairs and the Social Security Administration, whether for health care costs, vocational training, or in the form of survivor […]

Exercising Free Speech Rights Does Not Support a Pierce Claim

June 17, 2022

On May 20, 2022, the New Jersey Appellate Division held in a published opinion that an employer is free to terminate an at-will employee based on the employee’s racially insensitive remarks made on the employee’s private social media. An employee cannot bring a Pierce claim premised on the employee’s right to free speech under the Free Speech […]

Mandelbaum Barrett is excited to welcome Taylar E. Green, Esq. as an Associate in our Banking and Financial Services Group.

June 17, 2022

Taylar represents borrowers and traditional and non-traditional institutional lenders in matters relating to asset-based lending, acquisition financing, and commercial transactions. 

Congratulations to Mandelbaum Barrett partner Casey Gocel, who was named The Leukemia & Lymphoma Society’s 2022 New Jersey Woman of the Year

June 16, 2022

Leading her Team Ironman’s fundraising campaign, Casey and her team raised more than $133,000 and the campaign as a whole raised over $900,000.  Learn more about the Leukemia and Lymphoma Society here.

Deal Alert: As reported in the current issue of the Mid Atlantic Real Estate Journal (MAREJ), congratulations to our client Valley Bank, as well as SJP Properties, Scotto Properties and Gensler on the recent deal to bring the new Valley Bank headquarters to Speedwell Avenue in Morristown, NJ.

June 9, 2022

Mandelbaum Barrett Chairman Barry R. Mandelbaum, Esq. and Partner Deborah Greene, Esq. recently closed on this large transaction.

CEO William Barrett featured in Dental Practice Reporter article, “5 Ways To Keep Your Private Practice Competitive: The Trend Toward The DSO Business Model.”

May 27, 2022

The increasing expansion of dental support organizations (DSOs) has become a polarizing topic in the dental industry over the last several years—some professionals credit DSOs as being a useful tool in the practice of dentistry, while others blame the DSO business model for destroying dentistry as we know it. Despite this back and forth, the […]

Deal Alert: Craig W. Alexander handled the closing of a multi-million dollar construction loan for the development of an affordable housing project in Somerset County, New Jersey.

May 26, 2022

Craig W. Alexander handled the closing of a multi-million dollar construction loan for the development of an affordable housing project in Somerset County, New Jersey.

Deal Alert: Joshua Gorsky recently closed a $4.5 million dollar deal on behalf of a regional bank for the purchase of a 32,000 square foot industrial building in New Brunswick, NJ. 

May 26, 2022

Joshua Gorsky recently closed a $4.5 million dollar deal on behalf of a regional bank for the purchase of a 32,000 square foot industrial building in New Brunswick, NJ. 

Mandelbaum Barrett congratulates Casey Gocel, Esq. who was honored today as one of the NJBIZ Leaders in Law for 2022

May 24, 2022

Deal Alert: Craig W. Alexander represented a prominent developer in connection with the sale of a 200-unit multi-family project in Morris County. 

May 23, 2022

Craig previously represented the developer in connection with the acquisition and development of the property as well as the closing of the construction and permanent loans. 

CEO William Barrett recently appeared on Dental Business Radio with Patrick O’Rourke. 

May 20, 2022

They discussed considerations for dental practice owners who are considering selling their practice to a DSO or creating a DSO themselves. Bill and Patrick also discussed getting proper legal counsel, misclassification of independent contractors, practice brokers, partnerships, and much more. To listen to the recorded interview: https://lnkd.in/gkD4RiFs

Deal Alert: Mandelbaum Barrett represented a major real estate developer in the consolidation and refinancing of 7 separate loans secured by 7 shopping malls

May 19, 2022

Deal Alert: Mandelbaum Barrett represented a major real estate developer in the consolidation and refinancing of 7 separate loans secured by 7 shopping malls into a $75,000,000 loan that allowed the borrowers to reduce its other obligations and provide it with additional funds for future acquisitions and renovations for its ongoing projects. The team included Jeffrey […]

Alex Keoskey, Esq., Healthcare Partner at Mandelbaum Barrett recently contributed to an article in the May 12th issue of DecisionHealth – Medical Practice Resources Part B News titled “When audit, discipline are not enough, report defrauding providers.”

May 19, 2022

https://bit.ly/3LvlsaP

Deal Alert: Mandelbaum Barrett’s Joshua Gorsky, Daniel Barkin and Steven John Sedereas recently closed a $35M construction loan in Massachusetts on behalf of a regional bank.

May 11, 2022

The loan was for the development of ~100,000 square foot industrial building. 

Partner Damian Conforti, Esq. shares his experience representing a client in the hospitality industry in this month’s issue of The Commerce and Industry Association of NJ’s “Commerce.”

May 11, 2022

In May’s edition, focused on hospitality and tourism in New Jersey, Editor Miles Epstein compiles examples of how accounting, banking and law firms help hospitality clients achieve long-term success. “On behalf of a franchisee, Mandelbaum Barrett PC successfully ejected a hotel guest who was not paying for his room and refused to leave the hotel. The firm commenced […]

Do I have to pay sales tax to N.J. on my boat?

May 10, 2022

Martin D. Hauptman, Esq., a Tax attorney at Mandelbaum Barrett recently answered that question for NJ.com. Find out what he says: https://bit.ly/3sqWWAX

Practice Spotlight: Environmental Law

May 9, 2022

Our Environmental Law Practice Group works in tandem with the firm’s Corporate, Real Estate, Trust and Estates, and Banking & Financial Services Practice Groups in all types of transactional matters. These transactions range from stock sale agreements, asset purchase agreements, real estate purchase and sale agreements, leases, ground leases, estate planning as well as financing […]

Using a Roth IRA as an Estate Planning Tool

May 9, 2022

A Roth IRA does not have to be used as just a retirement plan; it can also be a way to transfer assets tax-free to the next generation.

Unlike a traditional IRA, contributions to a Roth IRA are taxed, which means that the distributions are tax-free. Also, unlike a traditional IRA, you are also not required to take any distributions on a Roth IRA, regardless of your age. If you don't need the money for retirement, you can leave all of it in the IRA to grow tax-free and eventually pass on to your heirs.

Tax Alert: NJ Retirement Guide

May 6, 2022

The New Jersey Division of Taxation has prepared a tax guide for retirees in New Jersey discussing the taxability of various sources of retirement income including pensions, IRAs and annuities. Some other important topics included are the pension exclusion, life insurance policies, the tax consequences related to qualified domestic relations order saving plans and the […]

SSA Reopens Its Offices While Making It Easier to Apply for SSI Online

May 6, 2022

The Social Security Administration (SSA) has reopened its more than 1,200 field offices to the public for the first time in two years, and the agency also launched an online tool for first-time Supplemental Security Income (SSI) applicants.

SSA closed its offices at the onset of the Covid-19 pandemic in March 2020, forcing the 43 million people who visit them each year to transact business via telephone, fax, and the mail. Many clients reported difficulties getting through to the agency, raising fears that services were being denied to the most vulnerable.

But the offices were back open April 7, albeit with restrictions: Masks and social distancing are still required. To avoid overcrowding, the agency is still urging people to make appointments — though these are not mandated — and to avoid coming in person altogether if they can accomplish what they need to online or by phone. Alternatively, officials are advising people to postpone in-person visits to avoid long lines that are expected during the first weeks of reopening.

Mandelbaum Barrett is excited to announce Susan M. Lee, Esq. as our new Counsel in the Banking and Financial Services Department.

May 5, 2022

She represents regional and community banks, commercial finance companies, borrowers, and entrepreneurs and assists clients with complex transactions, negotiation and documentation of loan transactions, real estate financings and transactions, and corporate acquisitions and sales.

Best-selling authors Fred Joyal and William Barrett, Esq. are pleased to present their recent webinar titled “Navigating the DSO Decision.”

May 5, 2022

This is your chance to gain an in-depth, unbiased understanding of the DSO landscape.  Watch the webinar here: https://bit.ly/3yl1MUb

Site Plan Approval: Michael J. Lipari recently secured Preliminary and Final Major Site Plan Approval for the Metropolitan YMCA of the Oranges for a new state of the art YMCA campus in Livingston that will include a 54,000 square foot facility, indoor/outdoor recreation facilities, a 24,700 square foot early learning center/office building, and related site improvements. 

May 2, 2022

The main YMCA facility will include a wellness center, pools, gym/fitness space, and a 4,300 square foot rooftop airnasium. A second building will house the Early Learning Center, childcare center, and office space. Mr. Lipari worked together with project professionals Jarmel Kizel Architects and Engineers, Inc, SUBURBAN CONSULTING ENGINEERS, INC. and Dolan & Dean Consulting Engineers, LLC, in preparing the […]

New Jersey Tax Alert: New Jersey Lists COVID-19 Policies Still in Effect

May 2, 2022

The New Jersey Division of Taxation has advised that since the State of Emergency has not been lifted, the following extensions remain in effect: (1) the law which delayed the payment of interest on refunds until six months after the State of Emergency has ended when the original interest payment period ended on or after April 14, 2020; and (2) the statute of limitations for the assessment of tax which runs until 90 days after the State of Emergency has ended if the original assessment or consent period ended after April 14, 2020. The Division also stated that digital signatures will continue to be accepted on extensions of the statute of limitations, closing agreements and the appointment of a Taxpayer Representative. The Division will work with taxpayers to complete its audits through correspondence (mail or electronic) where possible and avoid in-person meetings until further notice. Conferences with taxpayers will take place over the telephone.

Supreme Court of NJ Order: Extension Period for Conferences and Appeals Expires May 2, 2022

April 29, 2022

The New Jersey Supreme Court has determined that because the public health emergency has ended, there is no longer a need to extend certain deadlines for state tax matters. On April 14, 2022, the Court issued an order which ends the extension of time for filing an administrative protest or a Tax Court appeal. An administrative protest must be postmarked by Monday, May 2, 2022 to be considered timely. This applies to any determination or finding of the Director containing protest and appeal rights that would have expired between March 19, 2020 and May 1, 2022 (but for the original order's extension). If an administrative protest is not postmarked by May 2, 2022, the matter will be final and the Division will proceed with collection activity.

Jacqueline Greenberg Vogt authors New Jersey Law Journal article titled "Engaging Specialized Construction Counsel Is a Cost and Time Saver When Building or Renovating"

April 26, 2022

Mandelbaum Barrett Construction Law Chair, Jacqueline Greenberg Vogt, Esq. has authored an article in the April 20, 2022 issue of the New Jersey Law Journal titled "Engaging Specialized Construction Counsel is a Cost and Time Saver When Building or Renovating."

The article discusses how the expertise of specialized construction counsel at the outset of a project results in a construction contract that sets the stage for bringing the project to a conclusion on time, on budget, and well-constructed.

How Long Does an Executor's Job Take?

April 26, 2022

Being the executor of an estate can be a time-consuming job, depending on the size and complexity of the estate. While a simple estate can take a few months and not require a huge time commitment, if there are problems, the job can drag on for years.

An executor is the person responsible for managing the administration of a deceased individual's estate. Although the time and effort involved will vary with the size of the estate, even if you are the executor of a small estate you will have important duties that must be performed correctly or you may be liable to the estate or the beneficiaries.

Rutgers Law Review Alumni Dinner Honors Andrew Gimigliano with “Distinguished Alumni Award”

April 22, 2022

Congratulations to Andrew Gimigliano. He was honored at the Rutgers University Law Review Alumni Dinner with this year’s Distinguished Alumni Award. Andrew’s speech was full of wisdom and inspiration for the many new and future attorneys.

Client Alert: Aggressive Prosecution of COVID-19 Drive-Through Testing Arrangements

April 22, 2022

Recently, the U.S. Department of Justice, in a series of aggressive and seemingly novel prosecutions, charged numerous healthcare providers and others who operated COVID-19 testing sites due to their billing Federal Healthcare Programs for evaluation and management (“E&M”) services (as add-ons to COVID-19 tests) for encounters with patients who reported to drive-through sites for COVID-19 […]

New Jersey Tax Alert: COVID-19 Test Kits

April 22, 2022

The New Jersey Division of Taxation has advised that because the presumption in New Jersey is that a lump sum charge that consists of taxable and nontaxable items is subject to tax, retail sales of COVID-19 test kits are taxable. The test kit is presumed taxable because it contains an exempt reagent and other taxable components. The purchase of a COVID-19 test kit that is reimbursed by the federal or New Jersey State government is not exempt under the Sales and Use Tax Act. Purchases of test kits directly by the federal or New Jersey State government are exempt.

What Should You Know About the New Ban on Forced Arbitration of Employee Sexual Abuse Claims?

April 20, 2022

There is a general belief that arbitration favors employers and large businesses. However, an important change in the law, backed by bipartisan support, has advanced employee rights significantly by increasing their access to courts for certain claims. Specifically, the new law affects an employer's ability to enforce an arbitration agreement and handle sexual harassment/assault claims privately through arbitration.

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the "Act") into law. This law, which amends the Federal Arbitration Act, prohibits forced arbitration of sexual harassment and sexual assault claims.

If You Don't Want an IRA Distribution, You Can Donate It to Charity

April 19, 2022

Not everyone wants to take the required minimum distributions from their retirement accounts right away. If you don't want your distribution, one option is to donate it to charity and get a tax deduction.

You are required to begin taking distributions from your tax-deferred IRA when you reach age 72 (70 ½ if you turned 70 ½ in 2019 or before) even if you don't need the money. The distributions are added to your income and taxed at your highest marginal rate, perhaps even at a higher rate than your other income if you're right at the threshold between two rates. You're more likely to have to pay a higher rate on this income if you are still working.

What Is Undue Influence?

April 18, 2022

Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?

Undue influence occurs when someone exerts pressure on an individual, causing that individual to act contrary to his or her wishes and to the benefit of the influencer or the influencer's friends. The pressure can take the form of deception, harassment, threats, or isolation. Often the influencer separates the individual from their loved ones in order to coerce. The elderly and infirm can be especially susceptible to undue influence.

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

April 18, 2022

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.

Deal Alert: Commercial real estate finance attorneys Joshua Gorsky and Deb Greene recently represented a regional bank in the closing of a $56MM loan for the construction of a new six-story, 137,000 square foot office building in Morristown, NJ.

April 14, 2022

When Is It OK for an SNT Trustee to Be Compensated?

April 13, 2022

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.

Peter Tanella, Esq. and Dennis Alessi, Esq. Co-Author Article in Today's Veterinary Business Titled "Fair Share"

April 12, 2022

Peter Tanella, Esq., Chair of the National Veterinary Law Group at Mandelbaum Barrett and Partner Dennis Alessi, Esq. have co-authored an article in the April/May issue of Today's Veterinary Business titled "Fair Share." The article is featured in Mr. Tanella's regular column called "Legal Lingo" and discusses how granting equity interest in a hospital is a great way to beef up employee compensation and enhance loyalty.

Mandelbaum Barrett CIO Tom Brennan authors article titled "17 Technical Controls for Effective M&A Due Diligence"

April 12, 2022

Mandelbaum Barrett Chief Information Officer Tom Brennan has authored a Cyber Security article in the April 6th, 2022 issue of CPO Magazine titled "17 Technical Controls for Effective M&A Due Diligence."

“How can I get senior community to release assets to this trust?”

April 11, 2022

Steven Holt, Esq., Chair of the Tax Law and Trusts & Estates departments at Mandelbaum Barrett was recently interviewed by NJ.com to answer this question. “The solution here is to reach out to the community and have them explain why they are asking for this and alert them to the fact that the unit is held in […]

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

April 11, 2022

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.

Steven Holt, Esq. was recently interviewed for an NJ.com article titled “Executor won’t sell this house. What can we do?”

April 8, 2022

“As part of their fiduciary obligations, the executors must protect the assets of the estate and act to facilitate the disposition of the assets consistent with the will,” Mr. Holt states. Read the full article here: https://bit.ly/3umz9U9

Mandelbaum Barrett Elder Law Chair Richard Miller, Esq. discussed how COVID has compounded the rise in estate litigation in blended families in an interview with ROI-NJ.

April 8, 2022

While no one can control complications that the pandemic brings, Mr. Miller said a lot of trouble could be avoided by people having an estate plan that contemplates the entirety of their family situation. https://bit.ly/3ungtDT

Joel MacMull and Brian Block are celebrating a significant win in recovering attorneys’ fees in connection with a contempt proceeding brought on behalf of one the firm’s clients.

April 7, 2022

Mandelbaum Barrett’s Intellectual Property, Brand Management and Internet Law Practice Group is well-positioned to assist clients in a variety of cutting-edge intellectual property and brand management issues. https://lnkd.in/d5X5V-Dm

Peter Tanella and Dennis Alessi to present at the VHMA 2022 Virtual Legal Symposium

April 7, 2022

National Veterinary Law Group at Mandelbaum Barrett Chair, Peter Tanella. Esq. and Partner Dennis Alessi, Esq. will be giving two presentations at the VHMA (Veterinary Hospital Managers Association) 2022 Virtual Legal Symposium on April 7th, 2022 from 1pm to 4:15pm ET.

Topics include:
Incentivizing Employees with Equity Interest – New Opportunities in Non-Traditional Methods
Everything You Wanted to Know About Management Services Organizations (MSO) (And why veterinary professionals should establish their own)

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

April 7, 2022

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."

Mandelbaum Barrett Real Estate attorney Steven Sedereas is a presenter for a National Business Institute CLE

April 5, 2022

Mandelbaum Barrett Real Estate attorney Steven J. Sedereas is one of the presenters for a National Business Institute (NBI, Inc.) CLE video titled "Real Estate Transaction Documents: Spotting the Top Dangers."

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

April 5, 2022

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."

Land Use Alert: Michael J. Lipari, a member of Mandelbaum Barrett PC’s Land Use and Zoning Law and Veterinary Law practice groups, recently secured another Use Variance Approval, allowing a client to open a brand new doggie daycare. 

March 31, 2022

Mr. Lipari recently secured Use Variance, Bulk Variance and Site Plan Approval from a Zoning Board in Essex County for a doggy daycare, pet spa and boarding facility, allowing it to open and operate in an area zoned strictly for retail use.  As a result of Mr. Lipari’s efforts, our client cleared the biggest hurdle […]

Land Use Alert: Michael J. Lipari, a member of Mandelbaum Barrett’s Land Use and Zoning Law and Veterinary Law practice groups, recently secured another Site Plan Approval to allow the firm’s client to open a brand new 15,000 sq. ft. veterinary hospital. 

March 28, 2022

Mr. Lipari represented a client before a Planning Board in Morris County and obtained Site Plan and Variance Approval to allow the client permission to open a 24/7 emergency veterinary hospital with an onsite mobile MRI unit. As a result of Mr. Lipari’s efforts, our client will be able to provide these much needed specialty […]

Martin D. Hauptman, Esq. to present Estate Trust Update

March 28, 2022

Martin D. Hauptman, Esq., partner in the Tax Law and Trusts and Estates departments as Mandelbaum Barrett will be presenting an Estate Tax Update to the New Jersey Living Well Club on Wednesday, April 13th, 2022.

New Jersey Tax Alert: Virtual Currency and Sales Tax

March 25, 2022

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.

Land Use Alert: Michael J. Lipari recently secured Use Variance Approval for an adaptive reuse project, clearing a path for the firm’s client to open a brand-new veterinary facility. 

March 24, 2022

Mr. Lipari successfully represented this North Jersey client before a Zoning Board of Adjustment in Union County and obtained Use Variance, Bulk Variance and Site Plan Approval to allow the client to convert a former restaurant building into a first-class veterinary clinic.  As a result of Mr. Lipari’s efforts, our client has cleared the biggest […]

Spring 2022 Vet Law Newsletter

March 24, 2022

Momentum: Our Year in Review

March 24, 2022

16 Attorneys Named Super Lawyers

March 24, 2022

The First-Time Practice Owner

March 24, 2022

Today’s Veterinary Business October 2020 By Peter H. Tanella Starting a veterinary practice is an exciting endeavor for any clinician, but trials and tribulations are a normal part of the process. I’ve found that the following seven steps will help establish the foundation for a successful start-up. 1. Develop an Airtight Business Plan Creating a […]

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

March 24, 2022

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?

Do I Really Need a Partnership Agreement for My Veterinary Business?

March 23, 2022

The key question here is: "do I need a partnership agreement if I am going into business with my veterinary partner?" Many veterinary business partners who form a legal entity under which they will operate their practice decide not to adopt a partnership agreement to save on expenses early in the life of their practice. Here, the term "partnership agreement" is being used generally to refer to an agreement between the owners of a veterinary business. Excited by the prospects of a new business and all the opportunities they foresee, the partners also believe there is no time to waste; they are convinced that negotiating a partnership agreement will slow their momentum and create unnecessary legal obstacles. Like many people they think "what could possibly go wrong if we operate our company without a partnership agreement?" The right answer: "Lots of things could go wrong" and this one decision could lead to significant financial consequences, not to mention the mental stress of a dispute among partners.

Congratulations to Mandelbaum Barrett CEO Bill Barrett on being named a Guest of Honor at the Chabad Center of Northwest New Jersey's Founders Dinner

March 22, 2022

Congratulations to CEO William Barrett on being named as a guest of honor and receiving the Pillar of Kindness recognition for the Chabad Center of Northwest New Jersey's Founders Dinner. This year the Center is celebrating their 35th year of Igniting Souls with a gala event on May 2nd at The Crystal Plaza. Bill joins honorees Scott Weisberger and Todd Sawyer for this incredible event which helps support the Center and all of its good work.

Restrictive Covenants for Doctors and the Need to Remain Vigilant

March 21, 2022

It has long been the law in New Jersey that doctors can be bound to reasonable restrictive covenants. This includes those arising out of a sale of a medical practice as well as non-competition clauses contained in employment agreements. Karlin v. Weinberg, 77 N.J. 408 (1978); Cnty. Hosp. Group, Inc. v. More, 183 N.J. 36 (2005). However, medical groups should not just stick them in a file and forget about them after they are signed because circumstances change. A victory we had last week in the New Jersey Appellate Division highlights the need for medical practices to remain vigilant with regard to their restrictive covenants.

The Earned Income Tax Credit ("EITC") Has Been Expanded, Now Covering More People with Disabilities

March 18, 2022

For the 2021 tax year, the IRS is expanding eligibility for the Earned Income Tax Credit ("EITC"), an important anti-poverty measure that assists those with low incomes either avoid paying taxes altogether, or in some cases, offering those individuals tax refunds that they would not have otherwise received. One key impact of these changes is that more people without children, many of whom are also people with disabilities will also qualify. Traditionally people with disabilities have left money on the table by assuming they would not qualify for the EITC.

Mandelbaum Barrett is pleased to announce that fourteen of our attorneys have been selected by their peers to the New Jersey Super Lawyers List* for 2022. 

March 17, 2022

Steven Adler, Michael Bevacqua, Andrew Bronsnick (**10th year as Super Lawyer and on the Top 100 list), Arla D. Cahill, David Carton, Damian Conforti, Doug Eilender, Raj Gadhok, Arthur Grossman, Barry Mandelbaum, Richard Miller, Michael Saffer, Robert C. Scrivo, Lynne Strober. In addition, the Firm is excited to announce that four of our attorneys were named to the Rising Stars list for 2022, which recognizes the top up-and-coming […]

14 Mandelbaum Barrett attorneys named to the 2022 Super Lawyers List as well as 4 named Rising Stars

March 17, 2022

Mandelbaum Barrett is pleased to announce that fourteen of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2022. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the research team at Super Lawyers to receive this honor. In addition, the Firm is excited to announce that four of our attorneys were named to the Rising Stars list for 2022, which recognizes the top up-and-coming attorneys age 40 or under or who are in practice for 10 years or less. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

What are you selling? Regulatory Considerations for Veterinary Practices Selling Dietary Supplements for Animals

March 16, 2022

With integrative veterinary care becoming increasingly common, many veterinarians are utilizing dietary supplements and prescribing them to their patients for a variety of different reasons. Naturally, many veterinary practices may want to streamline the treatment process by selling dietary supplements and other over the counter ("OTC") products directly to their patients. While this seems like a routine progression, it is important for veterinarians and veterinary practice owners to understand how these products are regulated, in order to ensure they maintain compliance in marketing and selling products from their practice.

Lynne Strober appointed to second term on AAML NJ Board of Managers

March 16, 2022

Congratulations to our Matrimonial and Family Law Co-Chair, Lynne Strober, Esq. for being appointed to the AAML NJ (American Academy of Matrimonial Lawyers – New Jersey Chapter) Board of Managers for a 2nd two-year term.

Deal Alert: Members of our National Veterinary Law Group worked with a client on the sale of his veterinary practice under an extremely short timeframe. 

March 14, 2022

In a span of only 18 days, our team was engaged to negotiate and close the deal. Our client sold his South Carolina veterinary practice, which operated in two locations, to a corporate consolidator for a total enterprise value equal to more than $5,000,000. Once engaged, our team immediately conducted extensive financial and legal diligence and negotiated […]

Steven Adler and Brian Block co-author article for New Jersey Law Journal titled "How Not to Handle the Trial of an Employment Case"

March 14, 2022

Mandelbaum Barrett Partners Steven Adler and Brian Block have co-authored an article in the March 9, 2022 issue of the New Jersey Law Journal titled "How Not to Handle the Trial of an Employment Case"– A hypothetical case provides a crash course on employment litigation, including the after-acquired evidence doctrine, the cat's paw doctrine, stray remarks and the same actor inference.

William Barrett to present at the Greater Long Island Dental Meeting

March 14, 2022

Mandelbaum Barrett CEO and best-selling author William Barrett, Esq. will be joining fellow industry thought leaders, Michael Apalucci, Dr. Scott Firestone and Jarrett Mathews at the Greater Long Island Dental Meeting (GLIDM) on Tuesday, April 12, 2022 from 2pm to 5pm at the Hilton Hotel in Melville, NY. The presentation is titled "The Yin and Yang of Practice Transitions."

Rebecca Frino, Esq. authors Family Law article for New Jersey Law Journal

March 11, 2022

"With masks coming off and the eventual likelihood of a vaccine for children under 5, we are likely to see an uptick in parental discussions and disagreements over whether to vaccinate children against COVID-19."

Rebecca Frino, Esq., attorney in the Matrimonial and Family Law group at Mandelbaum Barrett has authored an article in the March 10th issue of New Jersey Law Journal titled "Vaccinating Your Child: Are You Sure It's Your Decision to Make?"

Donald Dennison, Esq. to speak at the NJSBA's 24th annual Elder and Disability Law Retreat

March 10, 2022

Mandelbaum Barrett Elder Law attorney Donald Dennison, Esq. will be presenting a "Case Law Update" at the New Jersey State Bar Association's 24th annual Elder and Disability Law Retreat on Thursday, March 24th at the New Jersey Law Center (also presented via Zoom).

Donald Dennison to present LGBTQIA+ Lunch & Learn to the Metro YMCA of the Oranges

March 7, 2022

Mandelbaum Barrett Elder Law attorney Donald Dennison, Esq. will be presenting a LGBTQIA+ Lunch & Learn to the Metro YMCA of the Oranges on Wednesday, March 23rd, 2022 at 7pm ET via Zoom.

The discussion will cover the importance of estate planning for both married and non-married couples – especially those who have children (minors). It will also touch on New Jersey's Laws Against Discrimination.

What is Elder Law?

March 4, 2022

When I was admitted to the New Jersey State Bar four (4) years ago, I dove into the practice of elder law headfirst and I don't regret it. Since that time, I have encountered a re-occurring question from both practitioners and non-practitioners alike: "what is elder law?" It is a fair question, and in the spirit of full transparency, the name is somewhat of a misnomer.

When referring to the general practice area we call "elder law" the term "elder" encompasses both the traditional definition of an elderly person, as well as those who are disabled of any age. This expanded definition of "elder" sometimes creates confusion and leads both lawyers and non-lawyers alike to ask what exactly it is we do.

Peter Tanella is Guest Speaker on Harbor Business Experience Podcast

March 3, 2022

Peter Tanella, Esq., Chair of the National Veterinary Law Group at Mandelbaum Barrett is thrilled to be this week's guest speaker on the Harbor Business Experience Podcast with Robert J. Trimble DVM.

If you're hoping to learn and grow in the world of practice ownership, don't forget to join the Harbor Business Experience! Once a month, Rob Trimble, DVM and the team at Harbor.vet will be taking a deep dive into the things you need to know to find success in the business side of the veterinary industry.

Vincent Roldan to be panelist for a National Asian Pacific American Bar Association webinar titled "No Releases For You!"

March 2, 2022

Mandelbaum Barrett partner Vincent J. Roldan will be a panelist for a National Asian Pacific American Bar Association Bankruptcy & Restructuring Committee webinar on March 9th titled "No Releases For You!" Topics will include the use of the bankruptcy courts by companies and defendants to resolve mass torts cases, and related proposed congressional legislation.

Four Employment Law Issues Small Business Owners Need to Be Aware of in 2022

March 1, 2022

1) Marijuana Use by Employees: While the federal government is not going to legalize recreational marijuana, states and local jurisdictions continue to propose and pass legislation that addresses decriminalization of marijuana, recognition of medical marijuana use and legalization of recreational marijuana. Currently 34 states permit medical use of cannabis products, and 18 states and the Washington D.C. permit recreational use of marijuana. The laws in some of these states prohibit employers from taking adverse action against an employee.

What Happens to a Medicaid Recipient If the Community Spouse Dies First?

February 28, 2022

When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is not in the nursing home (the "community spouse") may pass away first. This is because the community spouse's death may cause assets to pass to the nursing home spouse and render him or her ineligible for Medicaid.

Incentive Trusts: Ensuring That an Inheritance Will Be Well Spent

February 25, 2022

Many parents or grandparents with sizable amounts of money to pass on to their heirs are apprehensive about the effect it many have on their children or grandchildren. In some instances, they fear that the recipients will misspend the funds on drugs, fancy cars or failing businesses. In other cases, the fear is simply that their children will lose their drive to achieve and overcome barriers that may present themselves if there's no financial necessity to do so.

Deal Alert: Attorneys who are part of our National Veterinary Law Group at Mandelbaum Barrett recently represented a start-up veterinary hospital client in the acquisition and financing of a building in Monmouth County.

February 24, 2022

We are excited for the client’s next steps which include renovating the interior of the space to become a state-of-the-art facility.

Divorce and the Child With Special Needs: Be Aware of Child Support Payments

February 24, 2022

Depending on which statistics you believe, between 40 and 50 percent of first marriages will end in divorce or permanent separation, and second marriages fare even worse. While there is no such thing as a "typical" divorce, a divorcing couple that has a child with special needs faces an even more complicated series of decisions and choices than most. Family law attorneys, often well trained in the complicated and emotionally charged world of divorce settlement, may not have all of the answers for the divorcing parents of a child with special needs. In these cases, it is important to meet with a special needs planner to discuss options for your child. One important consideration is the impact child support payments will have on the child's eligibility for Supplemental Security Income (SSI).

You Can Now Compare Nursing Homes on Staff Turnover Rates and Weekend Help

February 23, 2022

The Centers for Medicare and Medicaid Services (CMS) announced that it will add data on staff turnover rates and weekend staffing levels to its Care Compare website, giving consumers another tool when choosing a nursing home.

The official Medicare website includes a nursing home rating system. Care Compare (previously called Nursing Home Compare) offers up to five-star ratings of nursing homes based on health inspections, staffing, and quality measures. Users can search for nursing homes by location and directly compare how they measure up.

Four Employment Law Issues Small Business Owners Need to Be Aware of in 2022

February 18, 2022

1) Marijuana Use by Employees: While the federal government is not going to legalize recreational marijuana, states and local jurisdictions continue to propose and pass legislation that addresses decriminalization of marijuana, recognition of medical marijuana use and legalization of recreational marijuana. Currently 34 states permit medical use of cannabis products, and 18 states and the Washington D.C. permit recreational use of marijuana. The laws in some of these states prohibit employers from taking adverse action against an employee

What does this mean for your Practice? Regarding recreational marijuana you can still prohibit employees from being under the influence while working. With respect to medical marijuana, you must engage in the "interactive process" and determine if a "reasonable accommodation" can be provided to an employee whose medical condition requires that they be under the influence during working hours. Your practice should review its substance abuse policy to ensure that it complies with your state and local laws, and you should identify a local lab that can perform the testing required to determine if an employee is under the influence while at work.

New Trends in Pet Ownership: Pandemic Pups and a "Return to Normalcy"

February 18, 2022

For over two years Americans have continuously grappled with the unprecedented economic and social uncertainties brought about by the COVID-19 pandemic. While each individual was forced to face their own unique trials and challenges, many sought to cope with the ongoing isolation in a similar fashion: pets and companionship. Since the start of the pandemic, more than 23 million American households have welcomed new pets into their homes, nearly 1 in every 5 nationwide. As a result, American pet ownership has reached an all-time high, with household ownership rates exceeding 70% for the first time in U.S. history. This extraordinary surge in animal ownership has been accompanied by a significant uptick in pet-related spending. In 2020 alone, total pet spending in the U.S. reached nearly $84 billion, a 6.8% increase from the previous year, with expenditures on pet food, training, supplies, veterinary expenses, and more all experiencing considerable increases.

Key Terms You Should Know When Buying or Selling a Veterinary Practice

February 18, 2022

It may be your first time buying or selling a veterinary practice. During this process, you will undoubtedly stumble upon terms that are unfamiliar to you and admittedly confusing. While learning all the terminology and legal jargon of the mergers and acquisitions industry should not be your goal, it is important that you understand the meaning of some key terms that will help you confidently navigate the course of buying or selling a veterinary practice.

Below we have compiled a number of key terms which will likely rear their head at some point in the acquisition process. We have condensed the meaning of these terms and organized them in a way that should follow the natural progression of a veterinary practice transaction. However, please be mindful that transactions are driven by the parties and their unique needs. Therefore, this is not an exhaustive glossary of words or issues that arise, but rather a sampling of terms practice owners and buyers will likely encounter during the sale.

H-1b Visa Season Is Coming Up!

February 18, 2022

If your company needs to hire a temporary worker, NOW is the time to start the immigration process for those who may fit the H-1b category. An example of an employee who would need an H-1b is an engineer currently working on "Optional Practical Training" (OPT) whose employment authorization is ending in June, 2022, or a qualified worker you would like to hire from abroad. The H-1b visa is for various types of professionals such as engineers, teachers, scientists, business executives, architects, etc.

New Jersey Tax Alert: Commuter Transportation Benefits

February 18, 2022

The New Jersey Division of Taxation has announced that the adjusted limit for employer-provided commuter transportation benefits excludable by an employee for New Jersey Gross Income Tax purposes pursuant to N.J. Rev. Stat. § 54A:6-23 is $3,240 for calendar year 2021. This amount will increase to $3,360 for calendar year 2022. (N.J. Div. of Taxation, Commuter Transportation Benefit Limits, 01/25/2022.) Martin D. Hauptman, Chair of the ERISA and Employee Benefits Practice Group at Mandelbaum Barrett is available to answer any questions you have.

Peter Tanella authors article for Today's Veterinary Business titled "Stay Away, Please"

February 16, 2022

"Common in veterinary practice transactions, restrictive covenants are designed to prevent the seller from soliciting clients and competing with the buyer after the sale. Through such restrictions, buyers aim to protect themselves and ensure that the acquired business does not lose value due to the seller's re-entering the market. To fulfill those objectives, a purchase agreement's restrictive covenants should be negotiated, clearly stated, endure for a reasonable period (for example, two to five years) and be practical in geographic scope."

Chair of the National Veterinary Law Group at Mandelbaum Barrett, Peter Tanella, Esq. authors a regular column in Today's Veterinary Business called "Legal Lingo." In the current February/March 2022 issue, his article titled "Stay Away, Please" discusses how restrictive covenants serve a critical purpose in a newly purchased clinic's continued success.

National Veterinary Law Group attorneys to attend Western Veterinary Conference

February 16, 2022

Peter Tanella, Esq., Chair of the National Veterinary Law Group at Mandelbaum Barrett, and attorneys Melody Lins, Esq. and Justin Wade, Esq. will be attending the Western Veterinary Conference (WVC) in Las Vegas from March 6th to 9th, 2022. They are looking forward to connecting with industry friends and colleagues and will be at Booth 1351.

Annual Contribution Ceiling for ABLE Accounts Rises and More States Add Programs

February 16, 2022

The maximum amount that can be contributed each year to an ABLE account for a person with disabilities rose $1,000 to $16,000 on January 1, 2022. The figure, which is tied to the inflation-adjusted value of the IRS's gift tax exclusion, had been stuck at $15,000 since 2018. Meanwhile, all but four states now offer ABLE programs.

Congress passed the Achieving a Better Life Experience (ABLE) Act in 2014, amending the Internal Revenue Code to allow families to create new tax savings plans, modeled after the popular 529 savings plans for higher education, that allow money to be set aside for or a person with special needs to pay for disability related expenses. This money can grow tax-free over time and is used to pay for qualifying expenses toward the care and support of the special needs beneficiary.

How Much Should a Trustee Be Compensated?

February 15, 2022

Serving as a trustee of a trust can be a huge responsibility, so trustees are entitled to compensation for their work. The amount of compensation depends on the type of trustee and the complexity of the trust.

Depending on the trust, a trustee's duties can include managing trust assets, making distributions to beneficiaries, paying taxes, and creating an annual report of all income and distributions. Performing these tasks can involve a lot of work, so it makes sense that trustees are compensated for their time.

Steven Teppler to present webinar titled "The vCISO Engagement and Legal Liability – What You Need to Know"

February 15, 2022

Mandelbaum Barrett Of Counsel Steven Teppler will be the Keynote speaker for a "vCISO Engagement and Legal Liability – What You Need to Know" webinar powered by the vCISO News professional community on Wednesday, February 16th, 2022 from 10:30am to 12:00pm.

Congratulations to Peter Tanella, Esq. for Being Appointed to the Board of NYSAVE.

February 14, 2022

Peter is a strong animal advocate and is committed to helping the pets and the people in his community by volunteering for this great cause. NYSAVE is a non-profit organization which provides emergency funding for the veterinary care of sick or injured companion animals owned by low-income NYC residents who are unable to pay the […]

Mandelbaum Barrett adds 3 partners; plans to open new office in Bergen County

February 14, 2022

Full-service law firm Mandelbaum Barrett PC as announced that three new partners will join the firm's Real Estate practice and plans the opening of a new office in Bergen County. Bart G. Mongelli, Anthony J. Arnone, and Roberto S. Migliorelli, all former partners at DeCotiis, FitzPatrick, Cole & Giblin, LLP, will join the firm's growing real estate practice and be based in its new Lyndhurst, NJ, office.

Appellate Division Victory by Commercial and Corporate Litigation Partners Brian Block and Michael Bevacqua

February 14, 2022

Mandelbaum Barrett Commercial and Corporate Litigation partners Brian Block and Michael Bevacqua prevailed on appeal on behalf of our clients in a complex insurance dispute against an insurance company. The Appellate Division vacated summary judgment and several discovery orders that the trial court had entered in favor of the insurance company and remanded to the trial court.

Why private construction jobs are requiring surety bonds, too

February 11, 2022

Public construction projects almost always require surety bonds. As a type of insurance, bonds protect the government if the wheels come off a project, or the contractor absconds with the funds. Indeed, bonding has been mandatory on federal public works projects since the late 1890s.

But now, bonds are increasingly being required on private development projects as well. The reason why has everything to do with the tumult caused by the pandemic.

Tax Alert: Garden State Film and Digital Media Jobs Act Credit

February 11, 2022

The New Jersey Division of Taxation has updated its list of answers to frequently asked questions regarding the film and digital media tax credit. The Division states that applicants that are seeking to qualify for an additional 5% credit must keep track of all qualified expenses incurred for services performed and goods purchased through qualified New Jersey vendors. The tax credit verification report will include a breakdown of those expenses. If any of the qualified expenses were made through a vendor whose primary a place of business is in one of the counties that qualifies for the increased 5% credit, the county must be notated in the report.

Who gets custody? Shared Parenting continues to attract attention nationally

February 10, 2022

The Washington Post Magazine recently featured a story spotlighting 50/50 shared parenting in custody cases. This topic continues to garner attention on both the state and national levels. The Family Law Department here at Mandelbaum Barrett is well-versed in this arena, having just published an analysis on the issue in the New Jersey Law Journal. Read that article here.

At present, there is no presumption or automatic consideration of 50/50 shared parenting time in the State of New Jersey. Two bills, however, remain pending with the legislature on these issues. Bills have been proposed in 39 of 50 states requiring that judges either consider shared custody or abide by a presumption of shared custody. Modern attitudes towards working parents and dual working-parent households, as well as psychological studies, appear to be fueling trends.

A New York Times article from the January 30th Sunday Style Section caught my eye. Louise Rafkin authored the piece titled: How to Help a Divorcing Friend? Start by Listening.

February 10, 2022

More than listening, parties need to obtain the benefit of the bargain reached in a divorce resolution. Sometimes, divorcing or divorced people feel overwhelmed when their spouse or former spouse fail to comply with court orders. They had reached a bargain, but suddenly they are no longer reaping its benefit. When this happens, it may be necessary to formally apply to the court for enforcement if letters or more informal requests don't work. Wronged parties then end up incurring counsel fees to simply try and get the benefit of their original agreement.

HOW COVID IS MAKING DIVORCE CASES MORE COMPLICATED

February 10, 2022

I read the January 30, 2022 CNN article, "How COVID is Making Divorce Cases More Complicated." The current difficulties arising in divorce and post-divorce cases go far beyond masks and vaccines. COVID impacts the resolution of cases. In our current environment, it is harder to obtain a meeting of the minds and achieve a fair resolution. The world lacks definitive answers to COVID questions and creates a more difficult environment. This time of uncertainty is coupled with greater anxiety, heightened frustration, and a lack of patience in everything and particularly with regard to endeavoring to resolve divorce cases.

Peter Levy Authors Article in ROI-NJ Titled “Future Shock: What Happens when Medical Device Technology Moves Faster than Regulation Governing it?”

February 9, 2022

The FDA has some catching up to do on establishing clear regulations around a new class of medical devices known as “Software-as-a-Medical Device (SaMD).” Currently, technological and scientific advances are outpacing the regulators and without specific rule-sets for these innovations, many safety and security requirements and liability questions remain unknown. Peter A. Levy explores these healthcare […]

How to Give Gifts to Your Grandchildren

February 9, 2022

Gifting assets to your grandchildren can do more than help your descendants get a good start in life — it can also reduce the size of your estate and the tax that will be due upon your death.

Perhaps the simplest approach to gifting is to give the grandchild an outright gift. You may give each grandchild up to $16,000 a year (in 2022) without having to report the gifts. If you're married, both you and your spouse can make such gifts. For example, a married couple with four grandchildren may give away up to $128,000 a year with no gift tax implications. In addition, the gifts will not count as taxable income to your grandchildren (although the earnings on the gifts if they are invested will be taxed). Just remember that any gift can interfere with Medicaid eligibility.

Richard Miller, Donald Dennison and Shawna Brown to present to the Passaic County Bar Association

February 9, 2022

The modern American family has undergone drastic changes during the last two generations. Now more than ever before, second or third marriages, each with their own children, unmarried significant others and caregivers who have served as quasi-family members for aging or disabled individuals are becoming more prevalent. As the concept of the American family evolves, so should our approach to effective estate planning counseling.

Peter Tanella authors article for Today's Veterinary Business titled "When Clients Sue"

February 8, 2022

"Empathy and communication go a long way when heading off litigation. Unfortunately, a New Jersey case shows what can happen in their absence."

Peter Tanella, Esq., Chair of the National Veterinary Law Group at Mandelbaum Barrett is the also the "Legal Lingo" columnist for Today's Veterinary Business. In the current issue, Peter writes an article titled "When Clients Sue" where he analyzes a recent appellate case followed up with important takeaways for all Veterinarians.

New Jersey Drastically Expands the Medicaid Workability Program Opening the Doors of Eligibility to Thousands of Residents

February 8, 2022

In New Jersey, Medicaid, specifically, New Jersey Family Care, is an umbrella term that encompasses various Medicaid programs designed to accommodate people with different asset and/or income circumstances. The one common thread that binds all Medicaid programs together, however, is that no matter the program, Medicaid is a form of means-tested benefits. In other words, in order to obtain Medicaid coverage under one of New Jersey's various Medicaid programs, an applicant's income and/or assets (resources) are measured against certain federal poverty guidelines that are modified from year to year based on the cost-of-living adjustment (COLA).

California Is the First State to Move Toward Removing the Asset Limit for Medicaid Eligibility

February 7, 2022

In a groundbreaking move that could have repercussions in certain other states, California is the first state to phase out the requirement that people impoverish themselves before becoming eligible for Medicaid.

Medicaid helps pay medical costs for individuals with limited income, and it covers long-term care for the elderly and people with disabilities who qualify for coverage. To be eligible for this coverage, you must meet the program's strict income and asset guidelines which vary from state to state. Also, unlike Medicare, which is totally federal, Medicaid is a joint state-federal program. Each state operates its own Medicaid system, but this system must conform to federal guidelines in order for the state to receive federal money, which pays for about half the state's Medicaid costs. (The state picks up the rest of the tab.)

Tax Alert: New Jersey's Earned Income Tax Credit (NJEITC)

February 4, 2022

The New Jersey Division of Taxation is reminding taxpayers and practitioners that for the 2021 tax filing season, the New Jersey's Earned Income Tax Credit (NJEITC) is 40% of the federal credit, following three annual increases under a 2018 law. Additionally, legislation signed as part of last year's budget lowered the minimum age eligibility for the EITC from 21 to 18 and to those 65 and older without dependents. This means that for tax year 2021, New Jersey taxpayers could receive a refundable credit of up to $2,691 with qualifying dependents or $601 without dependents. The maximum credit available for workers without dependents is nearly tripled from previous years in thanks to provisions expanding the federal EITC in the American Rescue Plan. To be eligible for the NJEITC, a taxpayer must: (1) meet all qualifications for the federal earned income tax credit, except for the minimum age requirement; (2) be a resident of New Jersey who works or earns income; (3) have a qualifying child or be at least 18 years old; (4) meet the income limits for their filing status; and (5) have a valid social security number for themselves, their spouse and any qualifying child listed on the tax return.

You Can Just Say No: Declining to Act as an Agent Under a Power of Attorney or Advance Directive for Healthcare Decision Making

February 4, 2022

Acting as an agent under a power of attorney and/or advance directive for healthcare decision making is a big responsibility and it isn't something everyone can take on. It is possible to resign or refuse the position(s) when necessary.

When referring to a power of attorney in this article, the focus is on financial powers of attorney. Medical powers of attorney, also known as "living wills" or "advance directives", are separate documents and as such, should be distinguished from financial powers of attorney.

Deal Alert: Joshua Gorsky represented a regional bank in the closing of a nearly $2MM loan to a borrower for the purchase of an investment property in Arkansas

February 4, 2022

Last Week Joshua Gorsky of our Real Estate Department demonstrated our national reach by representing a regional bank in the closing of a nearly $2MM loan to a borrower for the purchase of an investment property in Arkansas.

Gary Young, Esq. and Brent Pohlman, Esq. to present webinar for NJ Restaurant & Hospitality Association

February 1, 2022

Mandelbaum Barrett Employment Law partners Gary Young, Esq. and Brent Pohlman, Esq. will be presenting a Wage and Hour Law Webinar for the NJ Restaurant & Hospitality Association (NJRHA) on February 16th at 9am ET. Topics will include determining employment status, wage theft and tip pooling.

SSA Encourages Those on Disability to Work — Until It Doesn't

February 1, 2022

The federal government says it encourages people receiving federal disability payments to find jobs—but sometimes ends up discouraging them from working at all, a study has found.

Two Underutilized Government Programs for Seniors May Prove Particularly Beneficial During Challenging Financial Times

January 31, 2022

One of the roles of an elder law attorney is to assist individuals and families navigate the maze of government programs established to assist the aged, blind or otherwise disabled. This article highlights two such programs that are very useful for those who qualify.

Elder Law Analysis: Creditor Claims in New Jersey

January 31, 2022

To enforce any property claim it is necessary for a personal representative of the estate to be appointed. Absent a personal representative there is no one to formally notice or enforce the claim against if the judgment is pursued.

New Jersey Department of Taxation Announcement: New deductions for college related expenses

January 28, 2022

The New Jersey Division of Taxation has advised that there will be three new deductions available for college related expenses in the 2022 tax year for taxpayers with gross income of $200,000 or less. Taxpayers will be able to deduct up to: (1) $10,000 of contributions made during the year to a New Jersey 529 plan account; (2) $2,500 of principal and interest paid on student loans issued under New Jersey College Loans to Assist State Students; and (3) $10,000 of tuition costs if the taxpayer, his or her spouse or dependent enrolls and attends a New Jersey institution of higher education.

Lynne Strober Co-Moderating a Program for the Barry I. Croland Family Law American Inn of Court

January 28, 2022

Lynne Strober, Co-Chair of our Matrimonial and Family Law Practice Group will be co-moderating a program for the Barry I. Croland Family Law American Inn of Court on February 16th, 2022 titled "The Impact of Implicit Bias in Addressing Custody and Parenting Time Issues." Lynne is a former President of the Inn and a member of the Board. Members of the Inn include sitting and retired Family Part Judges, and experienced and less experienced attorneys and law clerks.

The Difference Between Elder Law and Estate Planning

January 27, 2022

Elder law and estate planning serve two different — but equally vital — functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.

Mandelbaum Barrett kicked off its 2022 charitable giving with a winter gear drive and $5,000 donation to Livingston Philanthropies, Inc.

January 27, 2022

Mandelbaum Barrett kicked off its 2022 charitable giving with a winter gear drive and a $5,000 donation to Livingston Philanthropies, Inc. One of our favorite local charities to support, the organization's mission is "providing for the poor, homeless and profoundly poor." In addition to the financial donation from the Mandelbaum Charitable Foundation, our attorneys and staff brought in new and gently used hats, scarves, gloves and winter coats.

Jeffrey Rosenthal and Vincent Roldan co-author New Jersey Law Journal article titled "The Big Dance: Bankruptcy Court to Analyze Texas Two Step"

January 27, 2022

Jeffrey M Rosenthal and Vincent J. Roldan of our Bankruptcy and Creditors' Rights and Banking and Financial Services practice groups explore the Chapter 11 filing by a subsidiary of J&J in this article in the New Jersey Law Journal.

The company used a corporate restructuring strategy known as the "Texas Two Step." The issue that will be in front of the New Jersey bankruptcy court — Is the restructuring strategy a proper use of bankruptcy code?

Michael Saffer interviewed by New Jersey Law Journal regarding the biggest trends in Commercial Litigation

January 26, 2022

The likely continuing growth of the global and American economy in 2022 means that more business will be conducted and more acquisitions and consolidations of businesses will occur, according to Michael Saffer, Esq. of co-chair of Commercial and Corporate Litigation at Mandelbaum Barrett. Mr. Saffer was recently interviewed by the New Jersey Law Journal regarding the biggest trends in Commercial Litigation.

Mandelbaum Barrett Announces the Appointment of Craig W. Alexander, Esq. as Co-chair of the Firm's Real Estate Practice Group

January 26, 2022

Mandelbaum Barrett is pleased to announce that Craig W. Alexander, Esq. has been named Co-Chair of the Firm's bustling Real Estate Department. He will work closely with Co-Chair Barry R. Mandelbaum in this role.

Shawna Brown to participate in CLE webinar titled "2022 Estate Planning for Non-Married Couples"

January 25, 2022

Regardless of marital status, estate planning is crucial. Are you an attorney who needs to learn more on this topic? One of our experienced Elder Law attorneys Shawna Brown will be participating in a CLE webcast discussing "2022 Estate Planning for Non-Married Couples" on February 16th at 9am ET.

Estate Planning for a Single Person

January 24, 2022

If you are single, you may not think you need to plan your estate, but single people are in as much need of a plan as anyone else. Estate planning not only involves determining where your assets will go when you die — it also helps you plan for what will happen should you become incapacitated, perhaps as the result of a stroke, dementia, or injury. If you don't make a plan, you will have no say in what happens to you or your assets.

Brian Block authors article for The New Jersey Law Journal titled "When Enforcing Restrictive Covenants, Timing is Everything"

January 21, 2022

Mandelbaum Barrett Litigation and Employment Law partner, Brian Block, Esq. has authored an article in the January 21, 2022 issue of the New Jersey Law Journal titled "When Enforcing Restrictive Covenants, Timing is Everything." In this analysis, Brian details a New Jersey case as an example to answer the question, "What point in time should a court focus on when assessing whether an employer has legitmate interests to protect?"

You Can ‘Cure' a Medicaid Penalty by Returning a Gift

January 20, 2022

In general, a New Jersey resident is eligible for Medicaid if his assets do not exceed the State's resource limit. However, an applicant cannot simply give money away to bring himself under the limit. He will be subject to a Medicaid penalty if he gives or transfers assets to others within five years of applying for Medicaid. The penalty is a period of time the applicant is ineligible for Medicaid and is determined by dividing the amount transferred by what Medicaid determines to be the average monthly cost of a New Jersey nursing home. The current divisor in New Jersey for the purpose of calculating a Medicaid penalty is $361.20 per day.

"Can it still be called Gruyère, if it doesn't come from Gruyère?"

January 19, 2022

This was the question answered by United States District Court for the Eastern District of Virginia in December when it affirmed a decision by the Trademark Trial Appeal Board refusing registration of a certification mark application for GRUYERE based on genericness (or genericide, as I like to call it.)

Vincent J. Roldan and Jeffrey M. Rosenthal co-author article titled "Third Circuit Upholds Administrative Claims Bar Date"

January 19, 2022

Bankruptcy and Creditors Rights department partners Vincent J. Roldan and Jeffrey M. Rosenthal have co-authored an article in the January 2022 issue of American Bankruptcy Institute Journal titled "Third Circuit Upholds Administrative Claims Bar Date."

Mohamed Nabulsi, Esq. authors article for NJBIZ titled " Fighting Back: Facing extinction amid monopolization, independent pharmacies see a lifeline"

January 18, 2022

Mandelbaum Barrett's Healthcare Co-Chair Mohamed H. Nabulsi, Esq. has authored an article in the January 17, 2022 issue of NJBIZ titled "Fighting Back: Facing extinction amid monopolization, independent pharmacies see a lifeline." Nabulsi writes, "Chain pharmacies, mass retailers and supermarkets have undercut the market by selling generic drugs at less than cost, often accepting significant losses on generic drugs, simply to draw more business to their stores. The race to the bottom has almost single-handedly wiped out independent pharmacies."

Recipients of Supplemental Security Income Now Have 50 Extra Days to Appeal Benefits Cuts

January 18, 2022

People facing a reduction, suspension, or other change to their Supplemental Security Income (SSI) now have more time to file an appeal, in a concession by the Social Security Administration (SSA) to delays and difficulties wrought by the COVID-19 crisis.

Why You May Need a Trust in Addition to a Power of Attorney

January 17, 2022

While everyone should have a durable power of attorney that appoints someone to act for them if they become incapacitated, in some circumstances it is not enough. In these cases, a revocable trust can help.

New Jersey Division of Taxation Announcement: Important Tax Changes That Impact 2021 Personal Income Tax Returns

January 14, 2022

The New Jersey Division of Taxation has listed the following important tax changes that impact 2021 personal income tax returns:

Family Law Co-Chairs David Carton, Esq. and Lynne Strober, Esq. have co-authored an article in the New Jersey Law Journal titled "50-50 Parenting Time: Should It Be the Law"

January 14, 2022

Mandelbaum Barrett Family Law Co-Chairs David Carton, Esq. and Lynne Strober, Esq. have co-authored an article in the January 13th, 2022 issue of New Jersey Law Journal titled "50-50 Parenting Time: Should It Be the Law?" with contributions from Vito Colasurdo, Jr. and Rebecca Frino.

Alex Keoskey interviewed for Medical Economics article titled "Dealing with Medical Board Complaints"

January 13, 2022

Alex Keoskey, Esq., a partner in the Healthcare department at Mandelbaum Barrett was interviewed for an article in the January 11th, 2022 issue of Medical Economics. "Physicians should take medical board complaints far more seriously than a medical malpractice complaint," he says. "Physicians need to be aware of the reporting requirements enshrined in state and federal law relating to adverse actions by medical boards."

ALF Medicaid vs. SNF Medicaid

January 11, 2022

Assisted living facilities are a housing option for people who can still live independently, but who need some assistance with their daily activities. Costs can vary greatly depending on location and services offered. Medicare won't pay for this type of care, but Medicaid will, subject to the assisted living resident meeting certain requirements.

Mandelbaum Salsburg is now Mandelbaum Barrett

January 10, 2022

We are building on our 92-year history with an exciting change. Mandelbaum Salsburg PC is now…

ABLE Accounts vs. Special Needs Trusts: Why Not Have It All?

January 7, 2022

If you have a child with disabilities, it is crucial to set money aside for the child's future. At the same time, you need to consider your child's access to public benefit programs such as Medicaid and Supplemental Security Income (SSI), as well as the state and federal tax implications. The two major vehicles to accomplish these goals, ABLE accounts and special needs trusts (SNTs), each have their advantages and limitations. Using them in tandem may be the optimal strategy for your child with special needs.

The Fearless Forecaster Once Again Predicts Key Employment Law Issues For The New Year

January 6, 2022

For those old enough to remember Johnny Carson and his character Carnac the Magnificent, every year I inherit Carnac's super-powers to predict the upcoming year's likely hot topic employment issues.

Annual Gift Tax and Estate Tax Exclusions Are Increasing in 2022

January 4, 2022

The amount you can gift to any one person without filing a gift tax form is increasing to $16,000 in 2022, the first increase since 2018. The federal estate tax exclusion is also climbing to more than $12 million per individual.

The New York State Department of Labor ("DOL") adopted long-awaited Regulations for the New York Paid Sick and Safe Leave Law

January 3, 2022

On December 22, 2021, the New York State Department of Labor ("DOL") adopted long-awaited Regulations for the New York Paid Sick and Safe Leave Law which went into effect on September 30, 2020. The Rules, codified as Section 196 to Title 12 of the NYCRR, address several key issues in response to public comments relating to (1) how to count the number of employees for purposes of determining leave; (2) how to calculate sick leave accrual; (3) carryover of accrued leave; and (4) documentation.

What Are a Special Needs Trustee's Record-Keeping Duties?

December 27, 2021

One of the most important roles in a special needs plan is that of trustee, the person who administers a special needs trust (SNT). Of a trustee's many responsibilities, record-keeping is perhaps the most crucial. Because the trustee is managing accounts on behalf of someone else, every decision must be recorded with a paper or digital record. Here's a detailed look at the types of records the trustee must maintain.

Supportive Housing Programs Offer Integrated Solutions for People with Mental Disabilities

December 23, 2021

Since the 1960s there has been steady reformation of mental health care in the United States. One of the most visible signs of this effort is the movement away from treatment in large state mental hospitals and towards community care. But "community care" encompasses a great number of programs, from treatment provided in group homes to interaction with a social worker to job training and other vocational training centers. One of the programs on the cutting edge of community mental health is called "supportive housing," and it incorporates not only housing but social services and medical care as well.

IRS Issues Long-Term Care Premium Deductibility Limits for 2022, and They Look Pretty Familiar

December 22, 2021

The Internal Revenue Service (IRS) has announced the amounts taxpayers of different ages can deduct from their 2022 income as a result of buying long-term care insurance, and the figures are almost the same as in 2021.

Many types of medical expenses are deductible from your taxes. To claim the deduction, your total unreimbursed medical expenses (which can include premiums for "qualified" long-term care insurance policies), have to be more than 7.5 percent of your adjusted gross income in 2022.

5 Estate Planning Tips for the Non-Traditional Family (Which Odds Are Includes Yours)

December 16, 2021

Is your family of the "Leave It to Beaver" variety — opposite-gender parents, the first marriage for each, one or more kids, all healthy and thriving? If so, your estate plan will probably be pretty straightforward. But if not, it's not as simple and you have a lot of company.

The percentage of married households in the United States fell from 75 percent in 1960 to 49 percent in 2020. About 40 percent of all marriages end in divorce. Nearly 80 percent of people who divorce remarry — accounting for a pretty large proportion of the 49 percent of American households that are married.

Can You Be Buried With Your Pet?

December 13, 2021

Pets are often regarded as a part of the family and increasingly their needs are accounted for in planning decisions. There is health insurance for pets, and most states allow for "pet trusts" to ensure that a cherished animal will be cared for after the owner's demise. But can you and your pet spend eternity with each other as well? The answer depends on what state you are in and on the meaning of "with."

Most states either have laws specifically prohibiting pets and humans to be buried together or are silent on the issue. But a growing number of states are adopting laws allowing some form of combined burial.

The Affordable Care Act's Estate Recovery Catch-22

December 13, 2021

Medicaid is a federal program administered through the states at the county level, and created under the Social Security Act, 42 U.S.C.A. § 1396 to 1396 w-5. The various Medicaid programs in New Jersey all fall under the umbrella of "NJ Family Care." The most recent major expansion of the Medicaid program at the federal level occurred on March 23, 2010 when the Affordable Care Act a/k/a "Obamacare" was signed into law.

What It Means to Need ‘Nursing Home Level of Care' for Medicaid Eligibility

December 10, 2021

When applying for Medicaid's long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level care typically provided in a nursing home.

Who Makes Health Care Decisions If You Can't?

December 7, 2021

Being able to make health care decisions for ourselves is so important to us, but what happens if you become incapacitated and are unable to voice your opinion? If you don't have a health care proxy or guardian in place, state law chooses who can make those decisions.

Medicare Premiums to Increase Dramatically in 2022

December 6, 2021

Medicare premiums are rising sharply next year, cutting into the large Social Security cost-of-living increase. The basic monthly premium will jump 15.5 percent, or $21.60, from $148.50 to $170.10 a month.

Martin Hauptman contributes to NJ.com article titled "My employer eliminated my life insurance. Can I deduct the loss?"

December 3, 2021

Martin Hauptman, a partner in the Trusts & Estates, and Taxation practice groups and chair of the ERISA and Employee Benefits practice at Mandelbaum Barrett has contributed to an article in the December 2nd, 2021 issue of NJ.com titled "My employer eliminated my life insurance. Can I deduct the loss?"

Decisions to Make for Your Power of Attorney

November 24, 2021

A power of attorney may seem like a simple document, but there are several important decisions that need to be made when creating one. From whom to appoint to what powers to grant, care and consideration should be put into each choice.

The Benefits of Including an LLC as Part of Your Estate Plan

November 22, 2021

Limited Liability Companies (LLCs) are an important tool for small business owners, but they can also be useful in estate planning. An LLC can help you pass assets to your children while avoiding gift and estate taxes.

Hiring a Caregiver: Should You Employ One Yourself or Go Through an Agency?

November 16, 2021

Most seniors prefer to stay at home as long as possible rather than move into a nursing home. For many families, this means eventually hiring a caregiver to look after an aging relative. There are two main ways to hire someone: directly or through a home health agency.

Mandelbaum Barrett's Healthcare Group Welcomes Mena R. Francis, Esq. to head the Firm's PIP Arbitration/Reimbursement Recovery Department

November 16, 2021

As an expansion of the Healthcare Law Practice Group, Mandelbaum Barrett welcomes Mena R. Francis, Esq. to head the firm's PIP Arbitration/Reimbursement Recovery Department. In the ever-changing PIP/No-Fault space, arbitration has emerged as the only practical way a healthcare providers can be compensated for their services absent settlement. Mr. Francis has extensive experience representing medical providers and facilities in collecting PIP claims. With over a decade of experience in the industry, he knows what it takes to make sure providers collect fast. This new practice area compliments the Group's existing representation of clients in connection with all payor recoupment disputes, whether the payor is a government payor, such as Medicare and Medicaid, major medical carrier or self or partially funded plans.

COVID Vaccination Information Added to Medicare's Nursing Home Compare Site

November 12, 2021

Individuals who are researching nursing homes can now see staff and resident vaccination rates along with other quality and safety measure information at Medicare's Nursing Home Compare website.

The 6 Biggest Estate Planning Mistakes

November 11, 2021

If you're like most people, you have the best of intentions regarding how you want your estate distributed when you die or your affairs handled should you become incapacitated. Unfortunately, without proper planning, your best intentions may not be enough. Here are six of the most common estate planning mistakes people make.

In 2022, Social Security Disability Recipients Will See the Biggest Increase in Four Decades

November 8, 2021

The year was 1983: The U.S. invaded Granada. A gallon of gas cost 96 cents. Michael Jackson's "Thriller" video premiered. That year was also the last time that recipients of Social Security disability benefits saw a cost-of-living increase steeper than the one just announced for 2022. This year, benefits will rise 5.9 percent, the sharpest upsurge since 1983's 7.4 percent jump.

Client Update on OSHA Vaccine and Testing Mandate

November 5, 2021

On Thursday November 4, 2021 the United States Department of Labor, Occupational Safety and Health Administration ("OSHA") issued the long-awaited temporary rule addressing mandatory COVID-19 vaccination and testing in the workplace.

Mandelbaum Barrett Partner Andrew Gimigliano Named Special Counsel to Legislative Redistricting Tiebreaker

November 5, 2021

Mandelbaum Barrett congratulates partner Andrew Gimigliano for being named special counsel to the Hon. Philip Carchman (Ret.) as the 11th member of the New Jersey Legislative Apportionment Commission. The Legislative Apportionment Commission is tasked with redrawing the map of New Jersey's 40 legislative districts in compliance with federal and state law.

This National Long-Term Care Awareness Month, Make The Decision to be Proactive About Future Planning

November 5, 2021

November is National Long-Term Care Awareness month! Here are our top five tips for anyone considering a long-term care placement:

"New and Improved" Tax Deductions for Parents of Children with Special Needs

November 3, 2021

Unique tax benefits are available to families who have children with special needs. And thanks to recent changes in the tax code, there are opportunities to save substantial amounts of money at tax time. Thomas M. Brinker, Jr., a professor of accounting at Arcadia University in Pennsylvania, has put together a handy checklist of some potential tax benefits that could be available to families who care for a special needs child.

Appellate Division Turns Up the Heat on General Contractors who Fail to Pay Subcontractors

November 2, 2021

The Appellate Division recently turned up the heat on general contractors who fail to pay subcontractors forcing them to incur legal fees to prosecute their legitimate claims. In JHC Industrial Services, LLC v. Centurion Cos., (approved for Publication September 17, 2021), the Court declined to enforce a proportionality requirement into the PPA's fee shifting provision and remanded the issue of counsel fees.

Mandelbaum Barrett PC Expands Commercial Finance Capabilities in South Florida, Through Strategic Affiliation with Gary Krasna P.A.

November 2, 2021

Mandelbaum Barrett PC, a dynamic, full-service law firm based in Roseland, New Jersey, today announced a strategic of counsel affiliation with Gary M. Krasna P.A., a Boca Raton, Florida-based law firm focused on commercial finance.

New Legislation Drops Notable Tax Law Changes: What You Need to Know

November 1, 2021

Earlier this week legislation was introduced in Congress that reflects President Biden's "Build Better" plan. This replaces legislation previously introduced on September 13, 2021 and there are a number of notable tax law changes that were dropped. Many of our clients have been doing significant planning and even accelerating certain actions in an attempt to avoid the harsh tax impact of the September 13th legislation, but much of that planning may no longer be necessary or at least not urgently necessary.

EEOC Updates its Interpretation of the Law Relating to Religious Accommodations and COVID-19 Vaccinations

October 29, 2021

As employers begin to welcome employees back to the office following the long hiatus related to COVID-19, the hot topic that has arisen relates to employees who do not want to be vaccinated for religious reasons. Earlier this week, the United States Equal Employment Opportunity Commission issued new Q & A’s to guide employers through […]

9 Items to Consider When Contemplating the Sale of Your Veterinary Practice

October 27, 2021

For many veterinary practice owners, aspirations of selling your practice may be tempered by the unknowns of the acquisition process. Even when the circumstances of a potential sale are ideal, unfamiliarity with the market and sale procedures can lead to hesitancy. While timidity toward the unknown is certainly justifiable, owners should not let it stop them from becoming a participant in the rapidly growing market for veterinary practice acquisitions. While each veterinary practice sale is unique in its own right, there are also a number of procedural commonalities that appear in nearly every deal.

Can My Practice Enforce A Non-Competition Agreement?

October 27, 2021

The enforceability of non-competition agreements (NCAs) has been a hot topic in many industries since President Biden issued his July 9, 2021 Executive Order. The Executive Order does not bar or even limit NCAs. Rather it is a directive to the Federal Trade Commission to analyze the issues surrounding NCAs and promulgate rules. Although the media has framed this section of the Executive Order as seeking to ban non-competition agreements in employment contracts, the plain language of the Order makes clear that the Administration at this time is seeking to target what it feels are "unfair" uses of NCAs that "unfairly" limit worker mobility.

A "Paw"tionary Tale: Construction Counsel Can Save You Time and Money When Building or Renovating

October 22, 2021

We recently represented a veterinarian client in a construction contract dispute. He had contracted with a very sophisticated builder to build a brand-new veterinary hospital. He was a solo, and had a well-established, but relatively small practice. In the course of growing his practice and taking it to the next level, our client determined to build a new ground up facility. He contacted a reputable builder which held itself out as very experienced in this specialized type of construction. The builder developed a three- part program, with several different contracts governing each phase of the project. Our client signed the contracts and invested over $100,000 in preliminary budget discussions and design concept meetings. Our client told the builder that his budget was $ 4 million.

When Pet Owners File Litigation against Veterinarians, It's Rarely over Money

October 20, 2021

As if running a business isn't hard enough, veterinarians often worry about getting sued for malpractice or negligence. One reason to be fearful is obvious – a well-publicized lawsuit can quickly ruin a veterinarian's career and practice. Another reason to be fearful is less obvious – absolutely no one in the world, not even an attorney, can predict the outcome of a lawsuit with perfect certainty. That's because the outcome of litigation depends on many factors, including the facts and circumstances of the case, the personal ideology of judges and juries, and the type of lawsuit brought by a pet owner. To illustrate that point, and uncover a few best practices you can follow to safeguard against lawsuits, let's dive into a recent appellate case in New Jersey.

Litigation Continues Challenging Vaccine Mandates

October 19, 2021

A vaccine mandate issued by Rutgers University was recently challenged in federal court in New Jersey. In Children's Health Defense, Inc. et al. v. Rutgers, a number of students sought, but were denied, a temporary restraining order against the school.

New Jersey Takes a Stand Against Age Discrimination

October 18, 2021

Last week, the Governor of New Jersey signed into law a bill that amended the section of the New Jersey Law Against Discrimination (NJLAD) governing age discrimination. The legislation eliminated the provision of the NJLAD that permitted employers to refuse to hire job applicants and/or promote employees 70 years of age or older. An employer […]

How to Use Intrafamily Loans as Part of Your Estate Plan

October 18, 2021

When interest rates are low, intrafamily loans can be a good way to assist a relative (typically a child) with purchasing a house or a family business, and in certain circumstances they can be used to gift money to the next generation.

Passing on Assets Outside of Probate: PODs and TODs

October 13, 2021

For a variety of reasons, people sometimes want some or all of their assets to pass directly to specific individuals upon their deaths, outside of probate. One way to accomplish this is to set up a "payable on death" (POD) account for money in a bank account or a "transfer on death" (TOD) account if funds are in a brokerage account.

Supreme Court to Hear Case That Could Increase the Bite That Medicaid Takes Out of Settlements

October 11, 2021

The U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients' settlements in personal injury cases. The decision has the potential to affect anyone who receives government assistance with their medical care following a disabling injury that results in a lawsuit.

Do You Need a Lawyer to Write a Will?

October 8, 2021

A will is a legal document that directs who will receive your property when you die. The legal requirements are pretty simple. In order for your will to be valid, you must know what property you have and what it means to leave it to someone, then sign the document and have it witnessed according to the laws of your state.

Analyzing Recent Employment Law Headlines

October 7, 2021

Mandatory COVID-19 Vaccinations at Work Gain Steam; Botched Sexual Misconduct Investigations Involving USA Gymnastics and the National Women’s Soccer League Remind Employers to be Vigilant. We continue to keep our clients ahead of the curve on important employment law developments, in order to help insulate employers from liability. Events from just the past week or […]

The Perils and Pitfalls of Do-It-Yourself Special Needs Planning

October 7, 2021

Among the costs of caring for a dependent with special needs are the fees for professional advice. Some families are tempted to save on these costs by setting up a plan on their own.

Make Sure Your Estate Plan and Other Essential Documents Are Safe from Disasters

October 5, 2021

It's an unfortunate reality that with the increasing number of natural disasters across the country, including fires, floods, and hurricanes, the chance that you could lose your house and possessions has become more likely. In the event of such a calamity, it is important that your estate planning and other important documents are beyond reach and easily retrievable.

Medicaid's Bias for Institutionalized Care May Be Shifting under President Biden's Proposed American Jobs Plan

September 27, 2021

Medicaid is a federal program, administered through the states at the county level, and created under the Social Security Act, 42 U.S.C.A. S. 1396 to 1396 w-5. The various Medicaid programs in New Jersey (all falling under the umbrella of NJ Family Care) are overseen by the Department of Human Services' Division of Medical Assistance and Health Services ("DMAHS").

Pandemic Payments Now Won't Affect SSI Benefits or Eligibility at All

September 22, 2021

Pandemic-related financial assistance will no longer affect an individual's eligibility for Supplemental Security Income (SSI) or the benefit amount, the Social Security Administration (SSA) has announced. The assistance includes a long list of pandemic payments, ranging from COVID-19 relief checks to state unemployment assistance.

Recreational Cannabis Has Come to New Jersey, but the State's Medical Marijuana Program Remains Largely Inaccessible to Populations Most in Need

September 17, 2021

New Jersey's Medical Marijuana Program is administered through the State Department of Health's Division of Medicinal Marijuana. New Jersey was the fourteenth (14) state to legalize medical marijuana in January 2010 when the Legislature passed the New Jersey Compassionate Use Medical Marijuana Act ("CUMMA"), also known as S 88.

Leaving an IRA to a Special Needs Trust Is No Longer Such a Bad Idea

September 16, 2021

The SECURE Act, passed at the end of 2019, changed a number of rules regarding inherited IRAs, making it more difficult for most beneficiaries to save on taxes by "stretching" distributions over many years. However, an exception to the new rules potentially changes advice that special needs planners often give clients.

President Biden Enlists Employers in the Fight Against COVID-19

September 10, 2021

On Thursday, September 9, President Biden signed executive orders requiring all federal executive branch employees and most federal workers to be vaccinated or face discipline. The President also announced a plan to mandate vaccines at all businesses with 100 or more workers or face mandatory weekly testing. His efforts to bring employers into the fight […]

NJ Tax Relief for Hurricane Ida Victims

September 10, 2021

The New Jersey Division of Taxation is following the federal guidelines for tax relief as recently provided in the Internal Revenue Service announcement LA-2021-04, issued August 31, 2021, for victims of Hurricane Ida. Affected taxpayers include businesses and individuals located in the disaster areas and those whose tax records are in the disaster areas.

A Throuple Can Buy a House. What Other Legal Rights Do Throuples Have?

September 7, 2021

If you're not familiar with throuples yet, you probably will be sometime soon. Throuple is the trendy term for a polyamorous relationship between people who claim an equal and exclusive commitment with each other. We're not talking threesomes, but three in a couple.

Never Say Never: Navigating the Appeals Process if You've Been Denied Social Security Disability Benefits

September 7, 2021

The United States has two federal government benefits programs to help people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

16 Mandelbaum Barrett Attorneys Selected for the 2022 Edition of The Best Lawyers in America

August 19, 2021

The latest edition of The Best Lawyers in America includes sixteen Mandelbaum Barrett attorneys, representing a wide cross-section of the firm's full-service capabilities, including commercial litigation, employment law, family law, white collar criminal defense, real estate, tax, bankruptcy and banking law.

Potential Capital Gains Rate Increase May Supercharge the Veterinary M&A Market

August 17, 2021

At certain points in time, there have been unique windows of opportunity, where market factors have driven veterinary practice valuations upward. For example, in 2012, America approached a fiscal cliff, due in large part to George W. Bush’s expiring tax cuts. If Congress and President Obama failed to act, which it appeared they might, it […]

The Lesson to Be Learned from Governor Andrew Cuomo's Resignation

August 11, 2021

It should no longer be acceptable for a supervisor to be an "equal opportunity" bully in the workplace. Employers should put an immediate stop to this boorish behavior because, as we have seen with Governor Cuomo, the nuanced argument that an equally tough and highly demanding boss does not discriminate, easily can be refined further by proving that bullying of women is different.

Employee Handbooks for Veterinary Practices

August 4, 2021

A handbook is an important resource that every veterinary practice should have, whether it has five, 25, or 50 employees. That's because the key to healthy relationships between employers and employees is clear and consistent communication.

Lynne Strober Participates in NJICLE 2021 Family Law Summer Institute

July 27, 2021

Lynne Strober was part of an esteemed panel including matrimonial lawyers, judges, mental health professionals and accountants for a 2-day program covering many aspects of matrimonial law and how to handle complicated situations that often arise in family practice.

Momentum: Our Year in Review

July 26, 2021

The past months were unlike any in our 91-year history, as the COVID-19 pandemic reshaped many aspects of the legal profession, and brought about a unique mix of adversity, opportunity and success. Our latest annual report, Momentum, delves into our community service highlights, client successes, and the year that was.

New Jersey Adopts Potent New Weapon Against Worker Misclassification

July 19, 2021

On Thursday, July 8th, 2021, Governor Phil Murphy signed four bills into law as part of a bipartisan effort to protect workers from “worker misclassification.” Bills A.5890, A.5891, A.5892, and A.1171 are New Jersey’s most recent foray into regulating the so-called “gig economy.” Worker misclassification is the practice of an employer improperly misclassifying its employees […]

Potential Capital Gains Rate Increase May Supercharge Already White Hot Dental M&A Market

June 25, 2021

If you're a dentist who is contemplating a practice transition, it's important to recognize that a material increase in the capital gains rate is a likely outcome this year, and that change will have significant adverse tax consequences if you sell after December 31.

Mut Do's If Thinking of Selling

June 22, 2021

The purchase or sale of a veterinary practice can be an overwhelming journey. Even seasoned clinicians will encounter numerous potholes — emotional, financial and legal issues — on the road to closing what in many cases can be a multimillion-dollar transaction. Here are eight gaffes that frequently occur in the veterinary world and suggestions for […]

Vince Roldan Speaking on Encouraging Diversity in the Bankruptcy Bar

June 16, 2021

On June 16, Vincent Roldan will be participating in a panel discussion hosted by The Association of the Federal Bar of New Jersey on "Encouraging Diversity in the Bankruptcy Bar."

New Book Injects the Novocaine Dental Entrepreneurs Need to Make Their Dental Practice Transitions Pain Free

June 3, 2021

ROSELAND, N.J. – June 3, 2021 – PRLog — Pain-Free Dental Deals: An Entrepreneurial Dentist’s Guide to Buying, Selling, and Merging Practices, by William S. Barrett with Casey Gocel (Ethos Collective™) demystifies what seems like an impossible process. William S. Barrett, CEO of the law firm Mandelbaum Barrett PC has been guiding clients through the […]

Returning to Work? EEOC Updates Guidance for Employers During the Pandemic

June 1, 2021

After this Memorial Day weekend, there is some light at the end of the COVID-19 tunnel as many employers begin welcoming employees back to their physical offices

In Memoriam of Stuart Gold

June 1, 2021

Our beloved partner, Stuart Gold, passed away on May 30, leaving behind his wife Diana, his children Emma and Ben, their spouses, and countless friends and colleagues who mourn his loss. Stuart was a dear friend to all of us, and a true partner who was ready and willing to help anyone who sought his […]

Chambers USA ranks Jacqueline Greenberg Vogt for Excellence in New Jersey Construction Law

May 25, 2021

Chambers USA has once again ranked Mandelbaum Barrett partner Jacqueline Greenberg Vogt in Band 1 for New Jersey construction law.

Owners and Sureties: An Odd Couple, but It Works

May 24, 2021

When a contractor is in default, should the property owner partner with the surety to complete the project? Or are their interests hopelessly misaligned?

Vince Roldan To Speak at AIRA Annual Bankruptcy & Restructuring Conference Virtual Series

May 24, 2021

Vince Roldan will be speaking at the AIRA (Association of Insolvency and Restructuring Advisors) annual conference on June 8, 2021, discussing Subchapter V and issues involving retail and real estate restructurings.

Is It a HIPAA Violation for a Business to Ask for Proof That You Got a COVID Vaccine?

May 20, 2021

Brent Pohlman weighs in on whether or not it's a HIPAA violation for businesses to ask for proof of a COVID vaccination.

Jacqueline Greenberg Vogt to Speak at the 2021 Construction Law Forum

May 7, 2021

Joseph Peters Named to America's Top 100 Personal Injury Attorneys®

May 4, 2021

America's Top 100 Personal Injury Attorneys® once again named Mandelbaum Barrett partner Joseph J. Peters to its list of the top attorneys in New Jersey.

Fact or Fiction: I Know This Much Is True

May 3, 2021

HBO's I Know This Much Is True chronicles the lives of identical twins Dominick and Thomas Birdsey, both played by Mark Ruffalo.

Tenafly Litigator Steven Adler Obtains Nearly $6 Million in Settlements for Victims of Workplace Sexual Assault

April 29, 2021

Steven Adler has obtained nearly $6 million dollars in settlements for victims of workplace sexual assault over the past year. The settlements were achieved after new laws were passed in New York and New Jersey, extending the statute of limitations for filing a sexual assault claim against employers.

Mandelbaum Barrett Secures $340,000 Arbitration Award for Wholesale Bakery Client

April 23, 2021

Steven Adler and Lauren Topelsohn secured a $340,000 AAA arbitration award for wholesale bakery client.

Construction Trends: Surety Bonds on Private Construction Projects

April 22, 2021

Private project owners have become increasingly interested in taking advantage of the same protections that public owners historically have had, by requiring surety bonds. While the cost can be a deterrent, when compared to the price of project failure, the cost of the bonds is relatively minor.

Navigating Surety Performance and Payment Bonds: What To Know

April 6, 2021

Real estate development and construction projects regularly require payment and performance bonds from contractors that are seeking to be hired for a project. There are many misconceptions about what these obligations are. The purpose of the payment and performance bonds is to mitigate the project owner's risk.

19 Mandelbaum Barrett Attorneys Named To 2021 Edition Of New Jersey Super Lawyers

March 23, 2021

We are proud to announce that 19 of our attorneys have been named to the 2021 New Jersey Super Lawyers List, including attorneys in our real estate, commercial litigation, labor and employment, personal injury, environmental, elder law, white collar and criminal defense, banking and financial services, and matrimonial and family law practice groups. Super Lawyers, […]

Fact or Fiction: Reviewing 2021 Golden Globe Nominated Films about Elder Law and Special Needs Issues

March 12, 2021

March 12, 2021 By Richard I. Miller This year’s Golden Globe nominees included four films that directly relate to the issues handled by our elder law and special needs attorneys. In the coming weeks we will discuss each film, and analyze whether the facts, storylines and legal issues they present are realistic, or pure fiction. […]

Michael Saffer Featured in Patch Article on His More Than $8M Settlements in the Past 12 Months

March 5, 2021

When Wil I Get My COVID-19 Vaccination?

February 24, 2021

The FDA began issuing COVID-19 vaccines in December. With distribution determined by “phase” classifications, many members of the veterinary industry have been left wondering when their vaccines will be made available. Vaccination distribution plans have been primarily left at the discretion of state governments, thus resulting in some differences from one state to the next. […]

What Can a Special Needs Trust Pay For?

February 16, 2021

February 16, 2021 By Richard I. Miller A special needs trust is designed to provide a person with a disability the funds to enhance her quality of life while at the same time allowing her to remain eligible for needs-based public benefits. Government programs like Medicaid and Supplemental Security Income (SSI) provide essentials, such as […]

Winter 2021 Veterinary Newsletter

February 15, 2021

NJDEP Interim Rule Modification Extends Mandatory Remedial Action Timeframe

February 11, 2021

To supplement our prior Environmental Blog Article on this topic, on February 8, 2021, the newly appointed Commissioner of the New Jersey Department of Environmental Protection (“NJDEP”), Shawn M. LaTourette, announced a new Notice of Rule Waiver/Modification/Suspension (“Interim Rule Modification”), as part of NJDEP’s Executive Order No. 103 Notices (In EO 103, Governor Murphy declared […]

What's in a Name: Why the Title on Your Financial Accounts Matter

February 10, 2021

A name often defines who we are and sometimes, even, who we become. The same is true for the name on your financial accounts. One of the biggest myths and misconceptions of estate planning is that a Will controls the disposition of all assets at death. This is not the case and could lead to […]

A Primer On New Jersey's Court Rules for Guardianships

February 9, 2021

In New Jersey, a child is considered an emancipated person at age 18, irrespective of the severity of disability. As a result, parents of special needs children no longer have the legal right to make medical, legal, financial or personal decisions for children over age 18 even if the child is unable to do so him or herself. Parents often must be appointed guardian for their disabled child to acquire the legal authority to oversee and assist with the child's affairs.

If You're Building or Renovating Commercial Property in New York or New Jersey, You Need to Know About the Lien Laws and How Lien Funds Are Created

February 4, 2021

February 4, 2021 By Jacqueline Greenberg Vogt I often advise clients on multi-million dollar construction contracts, where lawyers on both sides are brought in early to make sure the agreement is properly structured. But owners who undertake smaller construction projects, such as the build out or renovation of an office space, often mistakenly think that […]

Tom Brennan Spoke on Fulfilling Network Security Requirements and Business Needs at InfoSecurity Virtual Roundtable

February 4, 2021

Tom Brennan joined a panel of cybersecurity experts on the InfoSecurity Magazine virtual roundtable, Fulfilling Network Security Requirements and Business Needs. Tom and the panelists addressed a wide range of issues, including managing a multi-vendor network environment, handling the rapid demand for network changes with automation, and ways to avoid errors and misconfigurations in a […]

Fair And Square

February 2, 2021

Today’s Veterinary Business February 2021 By Peter H. Tanella Federal antitrust laws are discussed when transactions between corporate titans are in the news, such as the merger of T-Mobile and Sprint. Such laws, however, are the foundation of modern American capitalism and a subject that veterinary businesses need to understand, at least in principle. In […]

Should a Special Needs Trust Buy a Home for a Beneficiary?

February 1, 2021

February 1, 2021 By Richard I. Miller For some people with disabilities, homeownership may present a uniquely empowering opportunity. But for many others, purchasing a home through a special needs trust may be in the beneficiary’s best interests. Homeownership comes with many pitfalls and responsibilities. Buying a home through a special needs trust, rather than […]

Should Medicaid Beneficiaries Worry About Their COVID-19 Stimulus Payments Counting as Income?

January 25, 2021

On December 27, 2020, Congress passed the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, an economic relief bill intended to help offset the financial crisis caused by COVID-19. This act includes a round of $600 stimulus checks for a large number of Americans, including many Medicaid recipients and applicants who are concerned about […]

What Rights Do New York and New Jersey Landlords Have to Dispute Liens Filed by Contractors who Perform Work for Tenants?

January 25, 2021

January 25, 2021 By Jacqueline Greenberg Vogt New York and New Jersey are among the states that have clarified the often vague and ambiguous rules about lien rights for contractors who perform work for tenants. In New York, the tenant’s contractor can lien the leasehold for unpaid construction work performed at a leased premises, but […]

Three New Partners Join the Firm

January 25, 2021

Robert C. Scrivo joins the firm, following a successful tenure as Special Counsel and Assistant United States Attorney in the District of New Jersey. In that role, Robert led a task force to reduce violent crime in one of New Jersey’s largest cities, prosecuted a wide variety of federal crimes, and served as the office’s […]

Mandelbaum Barrett Enhances White Collar and Criminal Defense Capabilities with the Addition of Robert C. Scrivo, Former Special Counsel and Assistant United States Attorney in the District of NJ

January 4, 2021

Robert joins the firm as partner and co-chair of our white collar and criminal defense practice group, following a successful tenure in the United States Attorney’s Office for the District of New Jersey. In that role, he led a task force to reduce violent crime in one of New Jersey’s largest cities, prosecuted a wide […]

Does the FDA's EUA of the COVID-19 Vaccine Impact Whether Employers Can Require Employees to Take the Vaccine as a Condition of Returning to Work?

December 22, 2020

We write to clarify our last employment law blog article concerning whether employers can mandate that employees take the COVID-19 vaccine as a condition to returning to their places of employment. Our last article set forth the issues facing employers under a scenario where the FDA gives its full approval licensing the vaccine. Currently, however, […]

Employers Can Require Workers To Get Vaccinated For Covid-19 But There Are Exceptions

December 21, 2020

There is a light at the end of the long, dark tunnel. Pfizer’s COVID-19 vaccine is now being administered and the Moderna vaccine will soon be next. This has led many employers to ask whether they can require employees to get vaccinated as a pre-condition for returning to the office or a company’s premises. The […]

The Last Word

December 5, 2020

Today’s Veterinary Business December 2020 By Peter H. Tanella Many practice owners require associate veterinarians to sign employment agreements that include arbitration provisions. One reason is that arbitration is generally touted as a good way for an employer to avoid the financial risk associated with taking litigation to a jury trial. That said, arbitration is […]

Federal Court Upholds New York City Landlord Bar from Enforcing Personal Guaranty

December 4, 2020

On November 25, 2020, U.S. District Court Judge Ronnie Abrams ruled that the COVID-19 tenant relief package does not violate landlord rights. In May 2020, New York City enacted three laws to protect commercial and residential tenants during the pandemic. As reported here, Local Law No. 55-2020, entitled “Personal Liability Provisions in Commercial Leases”, bars […]

New York State's Paid Sick Leave Law – New Guidance

December 1, 2020

On September 30, 2020, New York’s State Sick Leave Law (NYSSL) went into effect. Under the NYSSL, employees began accruing sick leave benefits at a rate of one hour of leave for every 30 hours worked. Employers may require employees to wait until January 21, 2021 before they use any accrued leave. What Must Employers […]

Hope On The Horizon As We Approach Year End

November 23, 2020

On Saturday, Governor Phil Murphy, signed Executive Order 200, extending the public health emergency. Likewise, Governor Andrew Cuomo imposed new restrictions, including limitations on indoor and outside dining. Those moves are a stark reminder that as we approach year end, many people would like to forget 2020. But progress on the vaccine front gives us […]

Vito Colasurdo Spoke on Hot Tips in Family Law Hosted by NJICLE

November 11, 2020

On November 11, Vito Colasurdo particpated as a speaker for a live webcast hosted by NJICLE on “Hot Tips in Family Law.”

William Barrett Quoted in New Jersey Law Journal on Mandelbaum Barrett's Revenue Growth

November 9, 2020

William Barrett was quoted in the New Jersey Law Journal article, “NJ Top 40: What Does Law Firms’ 2019 Momentum Mean for 2020 Performance?” Accounting for the firm’s steep revenue growth in 2019 ($42 million versus $34.5 million in 2018), and the firm’s placement among New Jersey’s top 20 largest law firms, he noted that […]

Richard Simon Contributed To USA Legal Compendium For The Factoring Industry

November 9, 2020

Richard Simon contributed to the fifth edition of the USA Legal Compendium for the Factoring Industry, a legal resource compiled by the International Factoring Association with assistance from the country's leading commercial finance attorneys.

Special Needs Trusts: One Size Does Not Fit All

November 2, 2020

By Richard I. Miller November 2020 Special Needs Trusts enable funds to be set aside for individuals with a disability without disqualifying a beneficiary from government benefits such as SSI and Medicaid. To qualify for SSI and Medicaid, an individual’s resources cannot exceed $2,000. A properly designed Special Needs Trust will supplement public benefits without […]

New Jersey's Governor Signs Executive Order 192, Imposing New COVID-19 Safety Requirements on Employers

October 30, 2020

Effective 6:00 a.m., November 5, 2020, Governor Murphy’s Executive Order 192 requires every New Jersey employer (“business, non-profit and governmental or educational entity”), to take additional COVID-19 safety measures to protect their in-person workforces. What are the New Requirements? Pursuant to EO 192, employers who “require or permit” any of part of their workforce to […]

Richard Miller Honored at New Jersey Judiciary's 2020 Pro Bono Attorney Recognition Event

October 29, 2020

Richard Miller was honored at the New Jersey Judiciary’s 2020 Pro Bono Attorney Recognition Event, hosted by Chief Justice Stuart Rabner. This annual event recognizes outstanding members of the New Jersey Bar who provide pro bono services which improve the lives of state residents and support the administration of justice. In the past year, Richard […]

OSHA Stepping Up Enforcement At Health Care Businesses

October 27, 2020

Since July of 2020, the U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") has significantly increased COVID-19-related enforcement activities, levying fines against 112 establishments within the New York metropolitan area. The fines and penalties imposed by OSHA between mid-July and mid-October 2020 amount to just over $1.6 million.

Mandelbaum Barrett Achieves $1.9 Million Settlement in National Overtime Class Action Against Major Telecommunications Company

October 26, 2020

Mandelbaum Barrett, PC announces that, after six years of litigation in the United States District Court for the Southern District of New York, it settled a nationwide overtime collective and a New York Rule 23 class action brought against a major telecommunications company.

New York City to Extend Ban on the Enforcement of Personal Guaranties of Commercial Leases

September 25, 2020

September 25, 2020 Lauren X. Topelsohn Earlier this year, New York City passed a broad COVID-19 relief package, which included several amendments to the New York City Administrative Code that relate to commercial landlords and tenants, including Local Law 1932-A. On September 23, 2020, the New York City Council announced it would extend the present […]

Richard Miller and Shawn Brown Presented on NJSBA Webinar on Guardians Ad Litem

September 22, 2020

Richard Miller and Shawna Brown joined a distinguished panel of New Jersey judges and attorneys in the live webinar "Guardians Ad Litem: How They Work and How to Get Appointed," hosted by the New Jersey State Bar Association.

In Memoriam of Edward J. Albowicz

September 13, 2020

With a heavy heart we announce the passing of our dear friend and partner Ed Albowicz. Ed left us suddenly at the young age of 45, leaving behind his wife, three children and countless friends who will miss his infectious zest for life. Ed was a remarkable man who lived each and every day to […]

Federal Wage and Hour Division Issues Guidance as Schools Prepare to Reopen

September 4, 2020

COVID-19 has redefined the term “back to school” this year. On August 27, 2020, the Department of Labor (“DOL”) Wage and Hour Division updated is Guidance and added FAQs 98-100 to address employer and employee questions as schools implement remote, in-person and combined learning options. The Emergency Paid Sick Leave Act and the Emergency Family […]

Requiring COVID-19 Vaccines as A Condition for Returning to Work

August 31, 2020

At some point—hopefully in the not-too-distant future—we will have a vaccine for COVID-19. When that occurs, should employers require employees to be inoculated as a condition for returning to work or remaining employed? Many employers, to guard against liability, will require employees to be vaccinated to protect others from getting sick at work. Other employers, […]

LGBT and "Sex-Plus-Age" Now Recognized as Protected Classes Under Federal Discrimination Laws

August 31, 2020

Many employers are currently considering workforce reductions due to the impact of COVID-19. As a result of recent court decisions which expand the scope of Title VII of the Civil Rights Act of 1964, employers now need to be even more vigilant when reviewing their termination decisions. In June, the United States Supreme Court in […]

New Jersey Supreme Court: Employers May Deem Employees to Assent to Arbitration Agreements Through Continued Employment

August 24, 2020

On August 18, 2020, the New Jersey Supreme Court issued its decision in Skuse v. Pfizer, Inc., concerning employees’ arbitration of claims against their employers. Reversing an intermediate appellate court, the Supreme Court upheld an employer’s arbitration policy that it had disseminated through email and that deemed an employee to have assented to arbitrate any […]

U.S. Court of Appeals Sends Warning Shot: Non-Compete Clauses of Furloughed Employees May Not Be Enforceable

August 21, 2020

COVID-19 has greatly impacted many of us. Are you aware that it also may have affected the restrictive covenants used by employers? Many employers protect their customer relationships by requiring salespeople to agree not to solicit or do business with them should they ever leave. If your company furloughed employees with these non-compete clauses, they […]

15 Mandelbaum Barrett Attorneys Selected for the 2021 Edition of The Best Lawyers in America

August 20, 2020

15 Mandelbaum Barrett Attorneys Selected for the 2021 Edition of The Best Lawyers in America The latest edition of The Best Lawyers in America includes fifteen Mandelbaum Barrett attorneys, representing a wide cross-section of the firm’s full-service capabilities, including commercial litigation, employment law, family law, white collar criminal defense, real estate, tax, bankruptcy and banking […]

Are Courts More Likely to Disallow Claims Purchases from Recipients of Avoidable Transfers?

August 12, 2020

By Vincent J. Roldan One of the greatest advantages of chapter 11 is that upon commencement, pre-petition debt is “frozen” and the debtor in possession is free from the collection efforts of creditors on such debts. That pre-petition debt will be resolved, hopefully, via a reorganization plan. For those creditors not willing to wait and […]

Joseph Peters Named to America's Top 100 Personal Injury Attorneys in New Jersey

August 6, 2020

Joseph Peters, co-chair of the firm’s personal injury and workers’ compensation group, was named to America’s Top 100 Personal Injury Attorneys in New Jersey. According to America’s Top 100 LLC, less than one-half percent of active attorneys in the United States were named to this list, which is by invitation only, and is comprised of […]

Mandelbaum Salsburg Client Char Chalk Launches Patented Product for Athletes and Fitness Enthusiasts

August 5, 2020

The owners of Char Chalk, the workout industry’s only activated charcoal chalk, recently turned to Mandelbaum Barrett to secure patent and trademark rights for its proprietary product. Mandelbaum Barrett partners Casey Gocel, Joel MacMull and Barry Schwartz advised on the launch of CHAR, a proprietary blend of activated charcoal and magnesium carbonate used by weightlifters, […]

Selling Your Practice In A COVID Market

August 3, 2020

Today’s Veterinary Business August 2020 By Peter H. Tanella So, you’ve decided to sell your veterinary practice after a lifetime of hard work, but the COVID-19 pandemic has fundamentally impacted the process. From new contractual provisions and buyer financing delays to due diligence issues, you’ve encountered numerous roadblocks. However, with better planning and the right […]

New Jersey Issues Notice Regarding COVID-19 Precaution Sales Tax and Surcharges

July 31, 2020

On July 24, 2020, the state of New Jersey issued the following notice, which helps businesses determine whether their COVID-19 surcharge is subject to state sales tax. Also included are practical examples that business can use to help in making their determination. Some businesses have begun to include a surcharge for COVID-19 precaution and prevention […]

Marc Comer Interviewed on Kramer's Millionaire Maker

July 24, 2020

Marc Comer was a guest on the nationally syndicated radio show, Kramer’s Millionaire Maker. Marc discussed estate planning issues, including intestacy laws, the importance of wills and trusts; and the roles played by executors, trustees and guardians.

Nabulsi and Adler Spoke at MSNJ's Policy and Strategy Panel on Restrictive Covenants

July 22, 2020

The Medical Society of New Jersey ("MSNJ") requested that Mandelbaum Barrett partners Mohamed Nabulsi and Steven Adler

U.S. District Court Judge Rejects Preliminary Approval of Harvey Weinstein Settlement

July 17, 2020

On July 14, Judge Alvin Hellerstein of the Southern District of New York rejected a proposed $46.8 million settlement, which likely would have resolved civil suits against Harvey Weinstein and his company for sexual misconduct. When one reviews the details of the proposed settlement, it is clear why the Court reached this decision. Judge Hellerstein […]

Protection from High Above: Supreme Court Strengthens Ministerial Exception from Federal Anti-Discrimination Laws

July 13, 2020

Religious institutions no longer need to pray for help when it comes to the discrimination laws. Last week, in a 7-2 decision, the U.S. Supreme Court strengthened the “ministerial exception” that protects religious institutions from federal anti-discrimination laws. Two teachers at parochial schools challenged their terminations by bringing discrimination lawsuits, one alleging age discrimination and […]

Lorber and Gorsky Complete Yearlong Approval Process for 50-unit Apartment Building

July 13, 2020

Senior Counsel Charlie Lorber and Associate Josh Gorsky recently completed a yearlong approval process before the Mine Hill Planning Board for a 50-unit apartment building. Charlie and Josh’s involvement in this matter involved both a zoning change and a site plan application (which included design waivers). The zoning change occurred first, and once that was […]

Martin Hauptman Answers NJ.com Readers Question on Converting An IRA To a Roth IRA

June 30, 2020

Lenders, Now Is Not The Time To Skimp on Environmental Due Diligence (hint: there never really is)

June 24, 2020

The past few months have been a very challenging time on many different levels. However, one of the themes I am seeing is that lenders are ignoring the tried and true environmental due diligence protocols at a higher rate than I have ever seen before. This is very perplexing. At a minimum, adequate environment due […]

Arla Cahill Featured In Special Education Webinar Presented By Family Partners of Morris and Sussex Counties

June 23, 2020

Supreme Court Rules: Title VII Protects Gay and Transgender Employees

June 16, 2020

It was a surprise to many, even avid followers of the United States Supreme Court. Yesterday, in a 6-3 vote, the land’s highest court found that Title VII of the Civil Rights Act of 1964 protects the rights of gay and transgender employees from workplace discrimination “because of sex.” Justice Anthony Kennedy, who had written […]

Lauren Topelsohn Quoted in Article on "Stormy Waters Ahead for US Culture of Buying Silence"

June 5, 2020

Succeed With A Succession Plan

June 3, 2020

Today’s Veterinary Business June 2020 By Peter H. Tanella One of the most challenging exercises that veterinarians go through is planning for what will happen to their business if they die unexpectedly or become disabled. Emotional considerations and the stress of detailing a future business transaction can cloud the process. Unfortunately, COVID-19 highlighted the importance […]

Spring 2020 Veterinary Newsletter

May 29, 2020

New York City Limits Personal Liability for Commercial Leases

May 28, 2020

By Lauren X. Topelsohn May 28, 2020 On May 26, 2020, Mayor Bill DeBlasio signed Bill. No. 1932-A into law, which went into effect immediately. The law temporarily prohibits the enforcement of personal liability provisions in commercial leases or rental agreements involving a COVID-19 “impacted tenant.” The law applies to tenants impacted during the “COVID-19” […]

Veterinary Telemedicine Options During and Beyond COVID-19

May 15, 2020

On March 24, 2020, the U.S. Food and Drug Administration (FDA) suspended temporarily the enforcement of certain regulations governing veterinarian-client-patient relationships (VCPRs), a move that helps veterinarians examine and treat animals using telemedicine, while limiting human interaction and the potential spread of COVID-19. This is welcome news if you’re considering telemedicine for your practice, but […]

Life After COVID-19: Preparing to Reopen Your Veterinary Practice

May 15, 2020

Stay at home orders and social distancing may be the current norm, but eventually businesses will re-open and gradually come back to life. In the rush to return to normal, veterinary practices must carefully plot the safest and smoothest path forward. In this article, we address many of the issues veterinary practice owners need to […]

Craig Alexander Closes $50M Permanent Loan in New Jersey

May 14, 2020

Craig W. Alexander, a partner in the firm’s Real Estate Department, closed a $50,000,0000 permanent loan for a prominent New Jersey based real estate company with respect to a 300 plus unit multi-family project located in New Jersey.

EEOC's Practical Guidance on COVID-19

May 7, 2020

This summary covers only the legal considerations and not public health and safety recommendations for preventing the spread of COVID-19. Employers should consult the Center for Disease Control and public health agencies for how to keep their workforces safe. In 2009, the Equal Employment Opportunity Commission (“EEOC”) issued guidance entitled “Pandemic Preparedness in the Workplace […]

U.S. Women's National Soccer Team Fails to Score A Goal in Its Equal Pay Act Lawsuit

May 4, 2020

In a well-reasoned decision issued on Friday, May 1, 2020, United States District Court Judge R. Gary Klausner, sitting in the Central District of California, gutted most of the equal pay and discrimination claims brought by the United States Women’s National Soccer Team (“WNT”). While the WNT should be commended for its play on the […]

Another Uncertainty Under the CARES Act Resolved

May 1, 2020

May 1, 2020 By Steven A. Holt On Thursday, April 30, the IRS published Notice 2020-32, which clarifies that no deduction will be allowed for any otherwise deductible expense where the payment of the expense results in forgiveness of a loan received pursuant to the CARES Act and where the income associated with the forgiveness […]

Encroachment Protection – A Double Edged Sword

May 1, 2020

Greater New York Automobile Dealers Association 2020 Membership Directory and Services Guide By Joseph S. Aboyoun The auto retail business, as with all industries, never stays the same. The market and the competition is in a constant state of flux. When new competition is presented, or when a new opportunity arises, the dealer must be […]

N.J. Establishes Emergency Health Care Provider Registry

April 30, 2020

On April 29, 2020, the Commissioner of the N.J. Department of Health ("DOH") issued an Executive Directive ("Directive") establishing a registry of health care workers, public health workers, and support services personnel who voluntarily consent to provide health care, public health services, and support logistics during the ongoing COVID-19 public health emergency.

OSHA Releases COVID-19 Guidance

April 28, 2020

The federal Occupational Safety and Health Administration (“OSHA”) has released “Guidance for Preparing Workplaces for COVID-19.” The 35-page Guidance includes specific actions that employers should take in the wake of the Coronavirus outbreak to meet OSHA’s safety and health standards and regulations. Businesses should assess their operations and employees’ exposure risks, incorporate social-distancing practices, and […]

Insurance Companies Feeling Pressure to Cover Financial Losses in the Wake of COVID-19

April 28, 2020

April 28, 2020 By Lawrence C. Weiner and Boris Peyzner As weeks turn to months, businesses continue to suffer massive losses as a result of state governments’ stay at home orders. One of the most common questions we are receiving is “will my business interruption insurance cover these financial losses?” Our last alert addressed this […]

A Cautionary Tale: New York Businessman Criminally Charged for Hoarding and Price-Gouging PPE During the COVID-19 Crisis

April 28, 2020

On April 24, 2020, a criminal complaint ("Complaint") was filed in federal court against Amardeep Singh ("Defendant"), a New York-based businessman, for allegedly accumulating personal protective equipment ("PPE") and other materials "in quantities that far exceed the reasonable demands of [his] retail business" and for reselling said PPE "at prices in excess of prevailing market prices."

Effect of New Jersey Governor's Executive Order 103 on Remedial Deadlines

April 28, 2020

On April 24, 2020, Catherine R. McCabe, the Commissioner of the New Jersey Department of Environmental Protection signed a Notice of Rule Modification to extend certain deadlines for remediation appliable to New Jersey contaminated properties. By way of Executive Order No. 103 (“EO 103”), dated March 9, 2020, Governor Phil Murphy declared that a Public […]

Employers: One More Matter to Worry About Relating to COVID-19

April 27, 2020

If you thought employers already have enough on their plates to worry about—such as simply being able to stay afloat in this economy—one more matter should be added to the list: an expected uptick in whistleblower litigation related to COVID-19. This is especially true in New Jersey. New Jersey has one of, if not, the […]

Immigration Update From Mandelbaum Barrett

April 27, 2020

April 27, 2020 By Laurie J. Woog Executive Order Suspending Entry of Certain Immigrants. President Trump signed an executive order that became effective for 60 days starting April 23. Within 50 days, the Departments of Homeland Security and Labor may recommend whether the administration should continue the order. Moreover, within 30 days, the administration will […]

Ambulatory Care Facility Alert: NJ DOH Waives and Relaxes Rule Governing Staff-to-Patient Ratio Requirements for Outpatient Renal Dialysis Providers

April 24, 2020

Ordinarily, pursuant to N.J.A.C. 8:43A-24.7, ambulatory care facilities ("ACFs") that provide outpatient renal dialysis services are required to have at least one registered nurse ("RN") on duty for the first nine patients receiving dialysis services on the premises, and an additional RN on duty for each additional nine patients, or any portion thereof. In addition, facilities must have at least one RN, LPN, or trained patient care technician on duty for every three patients receiving dialysis services.

Healthcare Alert: N.J. Imposes New Rules Governing the Disposition of Human Remains During the Ongoing COVID-19 Public Health Emergency

April 24, 2020

On April 22, 2020, the Commissioner of the New Jersey Department of Health issued an executive directive (the "Directive") establishing certain rules and requirements governing the disposition of human remains.

2019 Mandelbaum Barrett Year in Review

April 23, 2020

Now What? Employees Returning to Work After COVID-19

April 20, 2020

All employers soon will be on the front-line leading the battle against the further spread of the deadly COVID-19 virus. On April 17, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued revised Guidance for employers dealing with the COVID-19 pandemic, adding advice for employers when allowing employees back to work. Permissible Steps to Screen Employees […]

New Jersey Grants Statutory Immunity to Healthcare Professionals and Facilities Combatting COVID-19

April 16, 2020

On April 14th, 2020, New Jersey Governor Murphy signed into law legislation that grants healthcare professionals and healthcare facilities immunity from liability arising from claims for alleging injury or death arising from acts or omissions made in connection with, or related to, the State's efforts to combat COVID-19.

Changes To The New Jersey Family Leave Act And Proposed Changes To New Jersey's Mini-WARN Act Resulting From COVID-19

April 14, 2020

In response to COVID-19, yesterday the New Jersey Senate made significant changes to the New Jersey Family Leave Act (“NJFLA”) and proposed changes to the Millville Dallas Airmotive Plant Job Loss Notification Act (the “mini-WARN Act”). Changes to the NJFLA As to the NJFLA, the Senate expanded the law to cover situations that stem from […]

New Jersey and New York Commandeer Critical Medical Supplies

April 9, 2020

April 9, 2020 By Damian P. Conforti and Melody M. Lins Faced with the continuous rise in Coronavirus confirmed cases and escalating death tolls, the Governors of both New York and New Jersey have taken new aggressive measures to expand the capacity of their health care systems and address the critical shortage of medical resources […]

Required Contribution Relief

April 9, 2020

April 9, 2020 By Steven A. Holt ERISA and the Internal Revenue Code impose strict funding requirements on defined benefit pension plans. Recent IRS guidance gives sponsors of single-employer pension plans additional time to meet their 2020 funding obligations, including obligations to make quarterly plan contributions. The due date for any contributions otherwise due during […]

DOL Explains Small Business Exemption from Federal Leave

April 7, 2020

The U.S. Department of Labor has published “temporary regulations” to explain how small businesses (fewer than 50 employees) may exercise the exemption from certain leave obligations under the Families First Coronavirus Response Act (“Families First Act”). As previously reported, the Families First Act has two leave components: paid leave under the Emergency Paid Sick Leave […]

Recently-Imposed Restrictions on the Prescribing and Dispensing of Potential COVID-19 Medications

April 7, 2020

The Acting Director of the New Jersey Division of Consumer Affairs has ordered that, with respect to the treatment of COVID-19 patients, the prescribing and dispensing of drugs in short supply — including hydroxychloroquine and chloroquine, two drugs that are widely being used by practitioners worldwide to treat COVID-19

New Jersey Assembly Introduces Bill Requiring Insurers to Pay for COVID-19 Virus Related Losses

April 6, 2020

April 6, 2020 By Lawrence C. Weiner and Boris Peyzner On March 9, 2020, a State of Emergency was declared by Governor Murphy and just twelve days later on March 21, 2020, Governor Murphy signed Executive Order 107 (the “Order”). The Order, among other things, mandates all non-essential businesses in New Jersey to close, thereby […]

Relief From Failure To Make Employment Tax Deposit

April 3, 2020

April 3, 2020 By Martin D. Hauptman and Steven A. Holt The IRS provides that an employer will not be subject to a penalty under Code Sec. 6656 for failing to deposit employment taxes relating to qualified leave wages or qualified retention wages in a calendar quarter if: (1) The employer paid qualified leave wages or […]

Medicare Suspension Terminated Due to COVID-19 Waivers

April 3, 2020

As part of its arsenal to combat what the Centers for Medicare and Medicaid ("CMS") consider to be billing fraud, CMS, directly and through its contractors, is authorized to suspend a Medicare provider's payments during the pendency of CMS' audit/investigation of the provider

COVID-19: Accelerated and Advance Payment Program for Medicare Providers

April 3, 2020

Under the recently enacted Coronavirus Aid, Relief, and Economic Security ("CARES") Act, the Centers for Medicare & Medicaid Services ("CMS") is currently making interest-free advances ("Advances") to eligible Medicare providers that would be later recovered from prospective reimbursements payable to such providers.

DOL Announces FFCRA Regulations

April 2, 2020

Yesterday, the U.S. Department of Labor (“DOL”) announced a “new action” regarding the protections and relief available under the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (“FFCRA”). The Department’s Wage and Hour Division “posted a temporary rule issuing regulations pursuant […]

New Jersey Governor Authorizes Police to Seize Real and Personal Property, and to Take Personal Services, to Combat COVID-19

April 2, 2020

On April 2, 2020, as we predicted, the Governor issued Executive Order 113 ("Order") to empower the Superintendent of State Police, in his capacity as Director of Emergency Management, to "take or use personal services and/or real or personal property, including medical resources, for the purpose of protecting or promoting the public health, safety, and welfare."

New Jersey Immunizes Healthcare Workers from Civil Liability and Temporarily Suspends Numerous Statutory and Regulatory Requirements Governing the Healthcare Professions

April 2, 2020

April 2, 2020 By Mohamed H. Nabulsi Late yesterday, Governor Murphy issued yet another sweeping and unprecedented Executive Order, No. 112, in an attempt to facilitate the State’s war against COVID-19 by removing regulatory barriers to health care professionals joining the State’s efforts and by providing protections for front line health care responders. 1. Advanced […]

Beware The Evergreen Clause

April 2, 2020

Today’s Veterinary Business April 2020 By Peter H. Tanella Veterinarians will enter into dozens of contractual relationships throughout their professional careers. They can reasonably expect to sign employment agreements, purchase orders, client payment and IT service contracts, property and equipment leases, real estate deals, and so on. The paperwork can vary in sophistication and complexity, […]

Tax and ERISA Update

March 31, 2020

March 31, 2020 By Martin D. Hauptman and Steven A. Holt Mandelbaum Barrett’s Taxation and ERISA Departments will be keeping you informed as we learn more about the CARES Act and other developments affecting you as taxpayers. Here are a few updates: Coronavirus Relief Package and its Impact on Retirement Plans The recently enacted Stimulus […]

Federal Relief Bill Extends to Copyright, Trademark and Patent Filings

March 30, 2020

March 30, 2020 By Joel G. MacMull The $2 trillion coronavirus rescue bill signed by President Trump last Friday contains some potentially important relief for intellectual property rights owners and applicants. The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) contains provisions that allow both the U.S. Copyright Office as well as the U.S. Patent […]

David Slays Goliath In The Battle Between Healthcare Providers And UnitedHealthcare

March 30, 2020

In a tremendous win on behalf of our client, Alexander Salerno, M.D., on March 24, 2020, we received a final Award in Dr. Salerno's David versus Goliath fight with UnitedHealthcare ("UHC"). "Not only did we win the battles, we won the war against the world's largest health insurance company" said Dr. Salerno. As explained below, that victory was not just for Dr. Salerno but for all of the healthcare providers we represent.

Alert: Gov. Murphy's Latest Executive Order

March 30, 2020

Continuing the series of broad executive actions NJ Gov. Murphy has taken to combat the accelerating COVID-19 pandemic, late Saturday, the Governor issued Executive Order No. 111 ("Order") to address deficiencies in the State's information regarding the number and nature of the personal protective equipment ("PPE"), ventilators, respirators, and anesthesia machines (the "Needed Resources") available within New Jersey.

Family Law Alert: NJ Supreme Court Modified Court Rules and Procedures

March 30, 2020

March 30, 2020 By David S. Carton and Lynne Strober In light of the Coronavirus pandemic, the New Jersey Supreme Court has entered an Order substantially modifying our Court Rules and Procedures. We will continue to stay on top of any changes, but we thought the portions that apply to the Family Part would be […]

COVID-19 and Workers Compensation in New Jersey

March 27, 2020

March 27, 2020 By Jeffrey E. Grabelle Now that the COVID-19 pandemic (also known as the novel Coronavirus) is upon us, many business clients are having to adjust to the new normal of having their employees work remotely. Even though employees are not working at their regular place of employment, employers may still be held […]

Successful Challenge to Healthcare Fraud DOJ Prosecution

March 27, 2020

We are happy to report that we recently delivered excellent news to one of our physician-clients. In 2019, the United States Department of Justice charged this client with insurance fraud in connection with the submission of claims to Medicare/Medicaid for services rendered by the client's nurse practitioners, but billed under the client as the rendering provider.

COVID-19 Highlights The Importance Of Having Employers' Personnel Policies And Employee Handbooks Reviewed And Updated Now By Counsel

March 26, 2020

As we all continue to struggle with the impact of the coronavirus, the pandemic has highlighted why employers must stay vigilant with regard to updating their personnel policies and employee handbooks. Those businesses considering furloughs (unpaid leaves of absence), individual terminations and/or downsizings must consider whether those affected have written employment agreements and whether they […]

COVID-19, Remote Work and Other Cybersecurity Risks – What You Need to Know

March 26, 2020

With hundreds of millions of workers advised or required to stay at home, employers and employees are left with no other alternative but to work remotely. The sudden emergence of the COVID-19 virus pandemic has resulted in a virtual stampede into remote computing, or “remoting”. Businesses should understand that now, more than ever, they must […]

Proposed Legislation To Override Virus Exclusions In Business Interruption Policies

March 26, 2020

March 26, 2020 By Mohamed H. Nabulsi and Ryan M. Buehler Newly-proposed legislation, introduced on March 16, 2020, would override business interruption insurance policies that exclude from coverage losses or damages resulting from viruses (such as COVID-19) and, thus, require that the applicable carrier provide the insured with business interruption coverage for losses/damages resulting from […]

NJDEP Notification Requirements Remain – Despite COVID-19 Concerns

March 26, 2020

Last week the NJDEP issued a Compliance Advisory reminding the regulated community that, despite the COVID-19 concerns, all of the requirements to notify NJDEP remain in effect. The reason for the reminder is so that the regulated community continues to be diligent in their efforts to notify NJDEP in accordance with applicable environmental statutes, rules […]

New York Department of Labor Issues Correction on COVID-19 Disability and Family Leave Benefits

March 25, 2020

As we previously reported, on March 18, 2020, effective immediately, all New York employers must provide sick leave for any employee (with limited exceptions) “who is subject to a mandatory or precautionary order of quarantine or isolation issued by New York, the Department of Health, local board of health, or any government entity duly authorized […]

U.S. Department of Labor Publishes Guidance on the Sick Leave And Expanded Family and Medical Leave Under The Families First Coronavirus Response Act

March 25, 2020

Today, the U.S. Department of Labor’s Wage and Hour Division announced “its first round of published guidance” to provide information to employees and employers about the protections and relief offered by the Families First Coronavirus Response Act (“FFCRA”) when it takes effect on April 1, 2020. The FFCRA requires private businesses with fewer than 500 […]

New Jersey's Sick Leave Law and Coronavirus – Guidance

March 25, 2020

As previously reported the Sick Leave Law applies to all employers (regardless of size) with NJ-based employees and all NJ employees (full and part-time), excluding construction industry employees covered by a collective bargaining agreement, per diem healthcare workers, and public employees who had this benefit. Employees accrue and may use up to 40 hours of […]

How Much Are You Charging for Medical Supplies? The Federal Government Wants to Know

March 25, 2020

March 25, 2020 By Damian P. Conforti and Melody M. Lins On March 18, 2020, President Trump issued Executive Order 13909 in recognition of the vital role that health and medical resources continue to play in addressing the COVID-19 pandemic. Per the President’s Order, the Secretary of Health is now empowered to control private sales […]

New Jersey Expands Essential Retail Businesses Permitted to Operate

March 24, 2020

On March 24, 2020, New Jersey’s Director of Emergency Management, Colonel Patrick Callahan, issued Administrative Order 2020-5, expanding the list of “essential retail businesses” permitted to operate during according to their normal business hours under Governor’s Murphy’s Executive Order 107. Effective immediately, the following were added to the categories of “essential retail businesses” listed in […]

Managing The Many Emerging Challenges of COVID-19 For NJ Employers

March 24, 2020

Facing the impact of COVID-19 while wishing to reserve the capacity of New Jersey’s health care system for the most vulnerable, Governor Phil Murphy on March 21st signed Executive Order No. 107 which directs all New Jersey residents to stay at home until further notice. This unprecedented measure effectively puts many New Jersey workers and […]

ASC/Surgical Practice Update Re. COVID-19

March 24, 2020

Late yesterday, March 23, 2020, the Governor issued Executive Order No. 109 (the "Order") that takes sweeping and unprecedented action as part of the State's growing efforts to curb the accelerating COVID-19 pandemic.

Tax and Estate Planning Alert

March 24, 2020

March 24, 2020 By Martin D. Hauptman and Steven A. Holt We want all of you, our valued clients and friends, to know that the Firm is "open for business" and that we are available to handle your estate planning needs on an emergent basis, including wills and living will. Accessing Qualified Retirement Fund Balances […]

Impact of COVID-19 on Immigration: Issues for Employers to Consider

March 23, 2020

The spread of Coronavirus has caused unprecedented changes to many aspects of life, with ramifications for immigrant workers. Here are a few major changes employers should know about: U.S. consulates and embassies around the world have suspended immigrant and nonimmigrant visa processing. Employers must still complete I-9 forms to verify work authorization for employees but […]

Does The Coronavirus (COVID-19) Trigger The Force Majeure Clause In Your Contract?

March 23, 2020

Hopefully, it is not the “…end of the world as we know it…” as R.E.M. sang, but we are surely in uncharted waters. Indeed, as Governor Murphy has said: “It is not time for business as usual.” On March 11, 2020, the World Health Organization declared the Coronavirus, now known as COVID-19, a pandemic that […]

New Jersey Order Releasing Inmates

March 23, 2020

March 23, 2020 Damian P. Conforti In consideration of the need to reduce the county jail population to mitigate risks posed by COVID-19, the Supreme Court of New Jersey issued a Consent Order yesterday commuting or suspending jail sentences for certain inmates currently serving county jail sentences. However, the prospect of release is not guaranteed […]

COVID-19: Is Your Company an Essential Service Provider?

March 23, 2020

March 23, 2020 By Peter A. Levy Over the past few days, many of our clients have reached out for help understanding the term "essential service." Despite Executive Orders provided by Governors Murphy and Cuomo in New Jersey and New York respectively, swaths of businesses remain confused because they don’t clearly fit into one of […]

Federal Families First Coronavirus Response Act

March 22, 2020

Federal Families First Coronavirus Response Act (the “Family First Act” or “Act”) was signed on March 18, 2020. The Act’s employment provisions become effective no later than April 2, 2020 and last until December 31, 2020. The Family First Act includes two leave components: paid sick leave and paid family and medical leave. The Act […]

COVID-19: Options for New Jersey Small Businesses to Obtain Working Capital

March 22, 2020

March 22, 2020 By Richard I. Simon Economic Injury Disaster Loans and Proposed CARES Act Expand Options for Small Businesses to Obtain Working Capital Small Business Administration EIDLs In response to the global COVID-19 pandemic and the declared state of emergency in New Jersey, the U.S. Small Business Administration issued New Jersey Declaration 16349 on […]

Urgent Message Regarding Stay-at-Home Order

March 21, 2020

On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order 107 (the “Order”), which requires, among other things, that retail businesses, other than certain enumerated essential retail businesses, close their brick-and-mortar premises, beginning at 9:00 p.m. on March 21, 2020, until the Order is revoked by the Governor. The Order neither requires medical […]

The Families First Coronavirus Response Act Exemption for Health Care Providers and Emergency Responders

March 21, 2020

Much has been written the past few days about the Families First Coronavirus Response Act (“FFCRA” or the “Act”). As we have reported, the Act provides two specific benefits for employees of companies with less than 500 employees.  First, it provides paid sick leave of up to ten (10) days in addition to whatever paid […]

New Jersey Executive Order 107 Directive for Healthcare Providers

March 21, 2020

On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order 107 (the "Order"), which requires, among other things, that retail businesses, other than certain enumerated essential retail businesses, close their brick-and-mortar premises, beginning at 9:00 p.m. on March 21, 2020, until the Order is revoked by the Governor.

COVID-19 Employment Issues with Emergency Closures

March 20, 2020

5 Tips for Co-Parents Navigating Through COVID-19 Issues in New Jersey

March 20, 2020

The spread of COVID-19 has created a stressful dynamic for many divorced co-parents in New Jersey, as well as couples who are in the process of getting divorced. During this difficult time, you may be dealing with crucial issues of custody, parenting time, communication, and the enforcement and payment of support obligations.

Mandelbaum Barrett to Host Complimentary Webinars on COVID-19's Impact on Businesses and Healthcare Providers

March 19, 2020

Please join us for two complimentary webinars on employment and operational issues raised by the spread of COVID-19, led by Steven I. Adler, Mohamed H. Nabulsi and Dennis J. Alessi.

For more information and to register, click here.

New York State Requires Paid Leave for Covid-19 Quarantined Employees

March 18, 2020

Effective immediately, and with limited exceptions, all New York employers must provide sick leave for any employee “who is subject to a mandatory or precautionary order of quarantine or isolation issued by New York, the department of health, local board of health, or any governmental entity duly authorized to issue such an order due to […]

Businesses Injured by the Coronavirus May be Eligible for Economic Injury Disaster Loans

March 18, 2020

Pursuant to the Coronavirus Preparedness and Response Supplemental Appropriations Act, which was signed on March 6, 2020, businesses injured by the coronavirus pandemic may be eligible for Economic Injury Disaster Loans funded by the SBA. On March 17, the Administrator of the SBA announced guidance that made it easier for a state to be declared […]

First Restaurant Claim for Coronavirus Closure Coverage

March 18, 2020

On Monday, March 16th, Ocean Grill, a New Orleans restaurant filed the first-of-its-kind lawsuit asking a state court judge to find that its property and business interruption policy covers losses due to Covid-19 government-mandated closures. Oceana Grill argued that its “all risk” policy with Lloyd’s of London cover its losses since the policy does not […]

NJ Considers Job Protection for Employees with Coronavirus

March 18, 2020

On March 16, 2020, the New Jersey legislature introduced a bill that would prohibit employers from terminating or otherwise penalizing an employee who “requests or takes time off from work” for a “specified period” based on the “written “recommendation” of a New Jersey licensed “medical professional” that such time is required because the “employee has, […]

Coronavirus/COVID-19: Telehealth and Other Communication-Based Technology Services During Emergency Periods

March 18, 2020

The recent outbreak of COVID-19 ("Coronavirus") has led the country to search for innovative solutions to contain the spread of Coronavirus, without sacrificing the U.S. population's access to medical care.

Treasury Department Announces New July 15 Filing Deadline

March 18, 2020

Treasury Secretary Steven Mnuchin announced today that the filing date for individual tax returns for the 2019 tax year has been moved to July 15, 2020. “We are moving Tax Day from April 15 to July 15,” Mnuchin wrote on Twitter. “All taxpayers and businesses will have this additional time to file and make payments […]

The Impact of COVID-19 on the Delivery of Public Education in New Jersey

March 18, 2020

March 18, 2020 By Arla D. Cahill On March 16, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 104, which, among other things, ordered the closure of every public, private and parochial school in the State as of March 18, 2020. Many parents may have questions about whether missed time from school due […]

The Proposed Families First Coronavirus Response Act

March 16, 2020

Late Friday, the United States House of Representatives passed a relief bill aimed at containing the widening effects of the coronavirus on the United States economy and public health. The bill H.R. 6201, the Families First Coronavirus Response Act, is supported by President Trump and still needs to pass the Senate.  Here are some of […]

May Health Care Providers Refuse To Treat Patients With Coronavirus?

March 16, 2020

Over the last couple of weeks, clients have asked for our advice on how to properly deal with health care providers who are refusing to treat a patient suspected of having Coronavirus. It is well-known that doctors take the Hippocratic Oath to treat patients in need of medical care to the best of their abilities.

What's An Employer To Do During COVID-19?

March 15, 2020

Today’s Veterinary Business March 2020 By Peter H. Tanella Today’s Veterinary Business “Legal Lingo” columnist Peter H. Tanella, Esq., and his law firm, Mandelbaum Barrett, are working with veterinary practice owners and managers faced with employment issues during the COVID-19 pandemic. Tanella chairs the firm’s National Veterinary Law Center. What follows is a series of […]

Fifteen Mandelbaum Barrett Attorneys Named to the 2020 Super Lawyers List and Two to Rising Stars

March 13, 2020

Mandelbaum Barrett is pleased to announce that fifteen of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2020. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the research team at Super Lawyers to receive this honor. In addition, the Firm is excited to announce that two of our attorneys were named to the Rising Stars list for 2020, which recognizes the top up-and-coming attorneys age 40 or under or who are in practice for 10 years or less. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This year's Mandelbaum Barrett Super Lawyers include:

Workplace Morals Clauses Take Hold Beyond Show Biz in #MeToo Era

March 12, 2020

Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was quoted in a recent Bloomberg Law article titled "Workplace Morals Clauses Take Hold Beyond Show Biz in #MeToo Era."

When Should Veterinarians Consider Forming a Management Services Organization?

March 12, 2020

A Management Services Organization Adds a Layer of Structural Complexity to a Veterinary Practice but Offers Non-Veterinarians and Even Family Members the Opportunity to Reap the Financial Rewards Veterinarians, investors and executives who want to form a management services organization (MSO) often do so without fully exploring the reasons. One revolutionary change in the veterinary industry […]

NYC Fair Workweek Law Withstands Industry Challenge

March 9, 2020

New York City’s Fair Workweek Law requiring predictable scheduling for retail and fast-food workers, adopted in November 2017, withstood its most serious challenge last month from several business groups.  The Fair Workweek Law, enforced by the Department of Consumer Affairs, provides that fast-food workers (including those who provide food and drink preparation, cooking, off-site delivery, […]

How Much Does Divorce Cost?

March 4, 2020

David S. Carton, Co-Chair of Mandelbaum Barrett's Matrimonial and Family Law Practice Group, was quoted in a Fox Business article about the cost of divorce.

When Chicken Soup is Not Enough: Preparing for the Coronavirus

March 3, 2020

Employers should be gearing up for a possible outbreak of coronavirus in their geographic areas. This includes establishing certain safety precautions as well as issuing a policy concerning certain protocols to be followed in the workplace. The policy should include:                  notification concerning how the virus is transmitted;  the […]

New Jersey DEP Announces Registration Deadline For Companies Whose Operations Involve Soil and Fill Recyclable Material

February 28, 2020

Businesses conducting soil and fill recyclable material services that do not already possess an A-901 license have until April 20, 2020 to register with the New Jersey Department of Environmental Protection as a first step to comply with a newly enacted licensing law requiring greater oversight of those activities, DEP Commissioner Catherine R. McCabe announced […]

How To Contest a Will in New Jersey

February 27, 2020

A will directs how one’s estate should be distributed after a person passes away. Ordinarily, a will is admitted to probate and the wishes of the decedent are followed without issue. However, there are occasions where the validity of the will is questioned by family members or potential beneficiaries. A will contest is a formal […]

Calculating Alimony in New Jersey as a Result of the Tax Code Changes

February 24, 2020

Richard Simon to Moderate Panel Discussion at the NYIC/IFA/IFA Northeast Joint Factoring Event

February 14, 2020

Richard Simon, Co-Chair of Mandelbaum Barrett's Banking and Financial Services Group, will be a Moderator at the NYIC/IFA/IFA Northeast Joint Factoring Event discussing legal updates and other hot topics. For more information and to register, click here.

How to Become a Legal Guardian in New Jersey

February 5, 2020

When a loved one loses the ability to make informed and reasonable decisions, pursuing a guardianship may become necessary. A guardianship appoints one or more individuals to handle the affairs of another. Guardianship requires a court proceeding and ongoing judicial oversight.  The guardianship process begins by obtaining a report from two doctors who examine the alleged incapacitated […]

At Your Service

February 1, 2020

Veterinarians, investors and executives who want to form a management services organization (MSO) often do so without fully exploring the reasons. One revolutionary change in the veterinary industry over the last decade was heightened interest in MSOs, which resulted in a lot of newer market entrants, including, but not limited to, private equity.

Behind the Curtain: New NJ Arbitration Organization Regulation Lifts the Veil

January 30, 2020

On January 21, 2020, New Jersey Governor Phil Murphy signed into law what appears to be first of its kind state legislation regulating arbitration organizations, such as the American Arbitration Association (AAA) and JAMS. On its face, the Act (S1490) is directed at “consumer arbitration,” meaning an arbitration involving consumer disputes involving goods and services, […]

David Carton Quoted In NJ.com Article On Four Mistakes To Avoid If You're Filing For Divorce

January 28, 2020

David Carton, Co-Chair of the Firm's Matrimonial and Family Law Practice Group, was quoted in a recent article for NJ.com on 4 mistakes to avoid if you're filing for a divorce. Read more here.

Mandelbaum Barrett Strengthens its Environmental Law Capabilities with the Addition of New Member Jeffrey W. Cappola

January 27, 2020

Jeff, who joins us from Wilentz, Goldman & Spitzer, strengthens the capabilities of our environmental law practice group, which is co-chaired by members Douglas Eilender and Gordon Duus . Widely recognized as a leader in environmental law by Chambers USA , Jeff has more than 25 years of experience guiding New Jersey businesses and real […]

New Laws Concerning Worker Misclassification

January 24, 2020

On January 20, 2020, Governor Phil Murphy signed into law a legislative package concerning worker misclassification and exploitation. The law cracks down on employee misclassification by allowing stop-work orders against employers who violate state wage, benefits and tax laws. The new law provides for penalties and requires employers to post a notice for their employees […]

Small Estate Threshold Raised in New York

January 22, 2020

Probate and administration proceedings in New York State can be time-consuming and costly, but New York law allows for a simplified proceeding called voluntary administration for small estates with a value below a certain threshold. Recently, the threshold was expanded from estates valued at less than $30,000 to include all estates under $50,000. Voluntary administration […]

Challenges Will Continue To Mount For Employers In 2020

January 20, 2020

Remember Johnny Carson’s soothsaying alter-ego Carnac the Magnificent? No? Fine. Instead, settle in for some prognostication from me, the Fearless Forecaster. Once again I will gaze (not Adam Gase who, by the way, I predict will be back next year as the Jets head coach) into my crystal ball and predict what employment laws companies […]

Steven Adler Authors Op-Ed Piece for NJBIZ

January 20, 2020

Steven Adler, Co-Chair of our Labor and Employment Practice Group authored an op-ed piece for NJBIZ on the continuing challenges employers will face in 2020. Click here to read the full article.

David Carton Interviewed by Sarah Lee Kessler from NBC News Radio on "Divorce Month"

January 16, 2020

David Carton, Co-Chair of our Matrimonial and Family Law Practice Group was interviewed by Sarah Lee Kessler, Health Anchor from NBC News Radio on why January is dubbed "Divorce Month." Click here to listen to the full interview.

Recognizing, Preventing, And Reporting Elder Abuse In Nursing Homes

January 13, 2020

By Andrew R. Bronsnick Our senior years should be a time of comfort, security and safety. Sadly, many older Americans are being victimized by those who should be caring for them. Here’s what to do if you discover elder abuse. The United States has a shocking elder abuse problem, and it’s only getting worse. The […]

The Tight Job Market Should Cause All Employers To Review Their Personnel Policies And Agreements

January 9, 2020

With the economy remaining strong, and qualified employees being in demand, employers must act, if they haven’t already, to protect their trade secrets and their other confidential information, including customer lists and other key documents. This should include having employees sign confidentiality, non-compete and non-solicitation agreements. It is often too late to deal with these […]

David Carton to Speak at "Family Law Trial Skills Development Series" Presented by the Middlesex County Bar Association

January 8, 2020

Join David Carton, Co-Chair of our Matrimonial and Family Law Practice Group and a panel of legal experts for "Family Law Trial Skills Development Series" presented by the Middlesex County Bar Association. This is a 4-part series that is eligible for 3.5 hours of total CLE credit for each session. To learn more or to register, click here.

Lauren X. Topelsohn Speaking at the RSA 2020 Security Conference in San Francisco

January 6, 2020

Lauren X. Topelsohn, a Member in our Privacy and Cybersecurity Practice Group will be speaking at the RSA 2020 Security Conference in San Francisco. Lauren will be participating in "If You Can't Trust The Phone Company: A Mock Trial", which involves a ransomware attack on a medical laboratory that results in the exfiltration of critical test results ("protected health information" or "PHI"). To learn more about the session and the RSA Conference, click here.

Injury Law: All You Need To Know To Pursue A Slip-And-Fall Case

January 6, 2020

By Andrew R. Bronsnick Slips and falls are among the most common accidents due to numerous indoor and outdoor risks. Here’s everything you need to know if you’ve been hurt and need to make a claim Slip-and-fall accidents are among the most common because the risks are all around us, especially here in New Jersey. […]

New Jersey Bans Discrimination Based on Hairstyles Associated with Race

December 27, 2019

The New Jersey Legislature recently continued its efforts to remain one of the leading states in the Country in protecting employee rights. On December 19, 2019, Governor Phil Murphy signed a law banning discrimination based on hairstyles associated with race. The law, entitled “Create a Respectful and Open Workplace for Natural Hair Act,” or the […]

Steven Adler Authored Article for New Jersey Law Journal on "Overriding Termination and Non-Renewal Provisions in Health Care Industry Employment"

December 27, 2019

Steven Adler, Co-Chair of the Litigation Department and Co-Chair of the Labor and Employment Department, authored an article for New Jersey Law Journal on "Overriding Termination and Non-Renewal Provisions in Health Care Industry Employment Contracts." To read the full article, click here.

Richard Miller Answers a NJ.com Readers Question on Inheritance Tax

December 26, 2019

Richard I. Miller answered a NJ.com readers question on "Can I avoid the inheritance tax for nieces and nephews?" Read what Richard had to say here.

New Jersey Construction Fall Protection

December 11, 2019

By Andrew R. Bronsnick We recently reviewed the hazards construction professionals endure when working with scaffolding, which, for the past four years, has been one of the top five OSHA violations in America. Today we’ll examine the number one violation: Fall Protection. OSHA Standard number 1926.501 explains an employer’s duty to have fall protection and states that: “Employees […]

Press Release

December 6, 2019

On December 3, 2019, Mandelbaum Barrett PC obtained another significant victory in its fight to protect doctors and other healthcare providers from being unfairly removed by UnitedHealthcare (“UHC”) from its dual Medicare and Medicaid Community Health Plan (The “Plan”). “An emergency arbitrator in an American Arbitration Association (“AAA”) hearing enjoined and restrained UHC from taking […]

Craig Alexander Published an Article in Working RE Magazine on Inspectors and the NJ Consumer Fraud Act

December 6, 2019

Craig Alexander published an article for Working RE Magazine on "Inspectors and the New Jersey Consumer Fraud Act." Click here to read the full article.

Bill Barrett Interviewed by Locum Leaders on the Key Trends Affecting Dentist Jobs in 2020

December 5, 2019

Bill Barrett, Chair of the Firm's National Dental Law Center and co-author of "Buy Sell Merge: How to Navigate Successful Dental Practice Transitions for the Entrepreneurial Dentist" was recently interviewed by Locum Leaders on the key trends affecting dentist jobs in 2020. To read about what could potentially impact the field in the years ahead, click here.

Steven Adler Interviewed by Monster on the Common Misconceptions Surrounding Unemployment Benefits

December 4, 2019

Steven Adler Interviewed by Monster on the Common Misconceptions Surrounding Unemployment Benefits

Close The Deal

December 3, 2019

Today’s Veterinary Business December 2019 By Peter H. Tanella Managing your veterinary practice can be overwhelming, but protecting your business is of the utmost importance. That’s why having a solid employment agreement with an associate veterinarian — one delineating pay and responsibilities — is critical. For an employment agreement to be enforceable, what need to […]

Barrett Spoke at Greater New York Dental Society Annual Meeting on "Mergers, Acquisitions, Associateships and Transitions"

November 29, 2019

Arla Cahill Interviewed on Jersey Matters to Talk about Legal Remedies for School Bullying

November 25, 2019

Parents have legal remedies against bullying in schools on behalf of their children. Hear what Mandelbaum Barrett's Education Law Chair Arla Cahill has to say about New Jersey's Anti-Bullying Bill of Rights Act on a recent episode of Jersey Matters with Larry Mendte.

Consider an Employee Stock Option Plan Instead of Selling Your Dealership

November 20, 2019

Automotive Buy Sell Report November 20, 2019 By Joseph S. Aboyoun In spite of what is reported by some, buy-sell activity is down. This trend, coupled with a decline in the SAAR and, most importantly, profitability, has a clear and negative impact on blue sky values. This is further exacerbated by the long-term uncertainty of […]

William Barrett and Casey Gocel Published an Article for Dental Practice Management on Doing Deals with DSO

November 18, 2019

Supreme Court to Decide LGBTQ Rights

November 13, 2019

On October 8, 2019, the United States Supreme Court heard arguments concerning whether Title VII of the Civil Rights Act, which includes, among other things, discrimination based upon sex, also covers discrimination based on gender identity and sexual orientation. These cases raise the most important issues for the LGBTQ community since the Supreme Court legalized […]

Are Self-Driving Automobiles the Future for the Elderly and Disabled?

November 11, 2019

I was recently in the market for a new car. A number of my friends purchased a Tesla so I decided to go for a test drive to see what all the hype is about. Out of curiosity, I asked the sales rep what segment of the population is buying Teslas. Besides environmentalists and techno geeks, the […]

Mandelbaum Barrett's Fall 2019 View From The Bar Newsletter

November 11, 2019

Mandelbaum Barrett's latest issue of View From the Bar is now available! Read the latest issue here.

Join Us For Our 7th Annual Tax, Trusts & Estate Planning Forum

November 7, 2019

We will be discussing timely developments in Estate and Federal Taxation at this 1.5 CE accredited program for CPAs and CFPs. To RSVP, please contact Laure Lynch at 973.243.7951 or llynch@lawfirm.ms.

Mandelbaum Barrett Named as a Finalist for the 2019 NJBIZ Business of the Year

November 7, 2019

We are excited to be listed among such incredible businesses as a finalist for the 2019 NJBIZ Business of the Year. This award recognizes companies and their leaders who are striving for excellence, growing and contributing to the New Jersey business community.

Mandelbaum Barrett Receives High Rankings in Best Law Firms by U.S. News and World Report for 11th Year in a Row

November 1, 2019

Mandelbaum Barrett has once again received high rankings in the 2020 edition of U.S. News – Best Lawyers® "Best Law Firms."

The firm received "Metropolitan Tier 1" rankings in Banking and Finance Law, Real Estate Law, and Securitization and Structured Finance Law; "Metropolitan Tier 2" rankings in Commercial Litigation, Family Law, Litigation-Banking & Finance, and Litigation – Real Estate; and "Metropolitan Tier 3" rankings in Corporate Law, Employment Law – Individuals, and Environmental Law. These rankings were determined through Best Lawyers' overall evaluation, which was derived from a combination of feedback from the Firm's clients, the high regard that attorneys in other firms have for Mandelbaum Salsburg attorneys, and information provided by the Firm to Best Lawyers.

Best Lawyers is a widely respected peer-review publication and the oldest in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals alike as a significant honor. If the votes for a firm are positive enough for inclusion in Best Lawyers, that firm must maintain those votes in subsequent polls to remain on the list for each edition. The Firm has received high rankings by Best Lawyers since 2010. In addition, several attorneys in the Firm maintain Best Lawyers' designations for their particular practices and have been so designated for several years.

Lynne Strober Moderating an Ethics Program for the Barry I. Croland Family Law American Inn of Court

November 1, 2019

Lynne Strober, Co-Chair of our Matrimonial and Family Law Practice Group will be moderating an ethics program for the Barry I. Croland Family Law American Inn of Court on November 20th for the members of the Inn which include sitting and retired Family Part Judges, and experienced and less experienced attorneys and law clerks. "A Practical Guide to Ethics – Things a Matrimonial Attorney Should Know and Do To Protect Themselves will be presented by Bonnie Frost, Esq., Stephanie Frangos Hagan, Esq., Jeralyn Lawrence, Esq., Diana Manning, Esq. and Judge Gallipoli, Retired.

Can Employers Still Afford to do Business in NJ?

October 23, 2019

Join our Employment & Labor Practice Group as they discuss the many changes in employment law that have been affecting businesses in New Jersey over the last year. Learn more here.

Mandelbaum Barrett Files a Federal Court Lawsuit Against UnitedHealthcare on Behalf of Medical Groups and Doctors in New Jersey

October 16, 2019

Steven I. Adler and Mohamed H. Nabulsi filed an emergent application in federal court in Newark, NJ, on behalf of The Medical Society of New Jersey (MSNJ) and various inner-city medical groups against UnitedHealthcare (UHC) to enjoin and restrain UHC from terminating healthcare providers from its NJ Medicare Advantage Community Health Insurance Plan and to stop UHC from misrepresenting that these providers are no longer accepting new patients. Click here to read more.

Steven Adler Authors Op-Ed Piece for NJSpotlight on Anonymity for Plaintiffs in Sexual Harassment, Discrimination Lawsuits

October 16, 2019

Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group, authored an op-ed piece for NJSpotlight on "Anonymity for Plaintiffs in Sexual Harassment, Discrimination Lawsuits?" Click here to read more.

Dennis Alessi and Raj Gadhok Presented at the New York County Dental Society

October 16, 2019

Mandelbaum Barrett attorneys Dennis J. Alessi, Esq. and Raj Gadhok teamed up with Cristina L. Amyot, MHRM, SHRM-SCP, SPHR of EnformHR, LLC to present a 3 -hour CE course to dentists at the New York County Dental Society’s upcoming program on New York’s new anti-harassment law.

Avoiding Malpractice Liability

October 6, 2019

Avoiding Malpractice Liability: A Guideline for Veterinary Practices What is Veterinary Malpractice? Veterinarians are regulated by state board of examiners and a few governmental agencies, such as the DEA and OSHA. Veterinary malpractice refers to a situation where a veterinarian has failed to meet the reasonable standard of care when providing healthcare to an animal. […]

Finding the Right Fit: What Parents of Special Needs Students Should Know When Applying for College

October 6, 2019

For many students who are classified in the public school as having an educational disability under the Individuals with Disabilities Education Act, the difference between the educational supports provided in high school and college or other post-secondary learning environments can be significant. A major difference is that, in high school, a classified student has a […]

Surviving the Corporatization of Veterinary Medicine as an Independent Practice

October 5, 2019

Surviving the Corporatization of Veterinary Medicine as an Independent Practice While the veterinary industry remains comparatively fragmented to other parts of health care, the area has seen substantial consolidation over the last five years. The consolidation has largely been led by Mars, Inc., who are considered by many to be the lone strategic buyer in […]

Maximizing your "Paw"-Fits

October 4, 2019

Maximizing your “Paw”-Fits: Structuring Your Veterinary Practice the Right Way Choosing the right business structure for a veterinary practice is a vital decision that can have significant consequences for the future of your practice. If a veterinarian selects the wrong structure, it can cost their business a significant amount of money. Choosing a correct business […]

Bill Barrett Presented at the New York County Dental Society Program on October 4

October 4, 2019

William Barrett, Esq. presented to dentists at the New York County Dental Society’s CE program on October 4th entitled, “Know Before You Sign: Associate Dental Agreements” where he helped young dentists and residents better understand dental contracts.

Employers Need To Protect Themselves From Expected Next Wave Of Employment Claims

September 30, 2019

While not a new issue, the next wave of employment claims will likely be led by state and federal departments of labor pursuing claims against employers for misclassifying as independent contractors workers who meet the test for being employees. By classifying employees as independent contractors employers are able to avoid paying various benefits to these […]

Robin Lewis Appointed to the Board of Directors of The International Society of Primerus Law Firms, Ltd

September 27, 2019

Congratulations to Robin F. Lewis, Member in the Firms Real Estate Practice Group, who was recently appointed to the Board of Directors of The International Society of Primerus Law Firms, Ltd. The International Society of Primerus Law Firms is a society of over 3,000 lawyers in 170 member firms in more than 40 countries worldwide that provides clients easy access to the right lawyer, with the right skills, in the right location, and at the right cost. To learn more about Primerus, click here: www.primerus.com

Employers Face Exposure Under New FLSA Overtime Rule

September 26, 2019

This past Tuesday, the U.S. Department of Labor (“DOL”) issued its final rule updating the commonly referred to “white collar” exemptions to the Fair Labor Standard Act’s (“FLSA”) overtime requirements. These updates include a long-anticipated second attempt at raising the “standard salary level” threshold for the exemptions. A similar increase was published in 2016, however, it […]

Gocel Spoke at Paramount Oral Surgery Study Club on Practice Transitions

September 25, 2019

On September 25, 2019 Casey Gocel presented on “Mergers & Acquisitions, Partnership and Transitions” to the Paramount Oral Surgery Study Group in Staten Island, New York.

The FAIR Act

September 24, 2019

Last Friday, new legislation known as the Forced Arbitration Injustice Repeal Act (the FAIR Act), HR 1423, was passed in the US House of Representatives. There is also a companion Senate bill, S. 610. The new legislation is aimed at giving consumers, employees, patients and those whose civil rights allegedly were violated the right to […]

Get To Know the Drill: Picking the Right Business Entity For Your Dental Practice

September 23, 2019

September 23, 2019 Choosing the right business structure for your dental practice is a vital decision that can have significant consequences for the future of your practice. If a dentist selects the wrong structure, it can cost their business thousands of dollars down the line. Choosing the correct business structure for your dental practice is […]

Josh Gorsky Named to 40 Under 40 by Mid Atlantic Real Estate

September 16, 2019

Congratulations to Joshua Gorsky who was named to 40 Under 40 by Mid Atlantic Real Estate. Learn more about Joshua here: https://online.flippingbook.com/view/139235/86/

What Legal Protections Do Children Have Against Bullying in School?

September 16, 2019

Many parents naturally assume that their child is safely in the care and supervision of their school’s teachers and administrators. While schools may try their best to protect students from various physical safety issues that could occur on school premises, it is more difficult for school personnel to protect students from bullying. Bullying not only […]

How To Go Green in the Dental Industry

September 16, 2019

September 16, 2019 The “go green” movement has been sweeping over the nation for the last decade, but it can be overwhelming for many business owners to adopt more eco-friendly practices. The goal of the movement is to be aware of our impact on the environment and reduce the amount of waste we produce as […]

Joshua Gorsky Moderating the ICSC New Jersey Next Generation Program on October 3rd

September 12, 2019

Joshua Gorsky, Associate in the Real Estate Practice Group, will be moderating the ICSC New Jersey Next Generation Program on Thursday, October 3rd. The program will review several ways in which you can stay ahead of missteps in your retail real estate transactions as well as avoid the pitfalls that cause deals to fall through and how to premeditate common issues. For more information or to register for this event, click here.

William Barrett Quoted in Retire Ahead on Selling Your Small Business for Retirement

September 9, 2019

William Barrett was quoted in Retire Ahead magazine on Selling Out: How to come out ahead as a small business owner who's ready to retire. Click here to read the full article (pg. 5).

Impact of Offshore Dental Laboratories on the Dental Industry

September 9, 2019

September 9, 2019 Over the last decade, the number of dental labs in the United States fell by fifty percent, while the percentage of cases sent to offshore labs rose steadily. According to the FDA, $1.32 billion of dental laboratory orders are now being completed offshore, which makes up around 38% of dental restorations. The […]

The Impact of Cannabis use in Dental Practices

September 4, 2019

September 4, 2019 Even though cannabis remains illegal at the federal level, many states have legalized its use for medicinal and/or recreational purposes. The rise in state legality of cannabis use has led to the increase of cannabis users, and health care providers need to be aware of the potential rise in cannabis use by […]

Martin Hauptman Answers NJ.com Readers Question "CPA, Enrolled Agent, Tax Attorney: Who Should I Hire?"

September 4, 2019

Martin Hauptman answered a nj.com readers question on the difference between a CPA, enrolled agent and a tax attorney, and who to hire depending on your needs. Read the full article here.

Steven Adler Recently Quoted in an Ivy Exec Article on Non-Competes, NDA's and Restrictive Covenants

September 3, 2019

Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was recently quoted in an Ivy Exec article on non-competes, NDA's and Restrictive Covenants and whether you should just sign on the dotted line or not. Steve talks about the current "sellers market" with high demand for talent and the leverage that may afford job seekers in negotiating the terms of their employment. Read what Steve and other experts have to say here.

Arla D. Cahill Has Been Appointed by the New Jersey Supreme Court to Serve as Vice Chair of the District V-B Ethics Committee for Essex County

September 3, 2019

Congratulations to Arla D. Cahill, a partner in the firm's Litigation Department, who has been appointed by the New Jersey Supreme Court to serve as Vice Chair of the District V-B Ethics Committee for Essex County (DEC V-B). The appointment is effective September 1, 2019. As Vice Chair of the District V-B Committee, Arla will handle overseeing the disposition of hearings involving allegations of attorney misconduct. Additionally, she will be responsible for recruiting members and working to continually improve the efficiency of the attorney-monitored disciplinary system. Join us in congratulating Arla!

Steven Adler Quoted in an Ivy Exec Article on Noncompetes

September 3, 2019

Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was recently quoted in an Ivy Exec article on noncompetes, NDAs and Restrictive Covenants and whether you should just sign on the dotted line or not. Steve talks about the current "sellers market" with high demand for talent and the leverage that may afford job seekers in negotiating the terms of their employment. Read what Steve and other experts have to say here.

Back to School Alert: Students' Rights Under NJ's Anti-Bullying Law

August 29, 2019

Arla D. Cahill has authored a special Back to School Alert discussing student's rights under NJ's Anti-Bullying Law. Click here to read more.

New Jersey Strives to Become a National Leader in Advancing Employment Rights

August 27, 2019

This summer has been a very active regulatory period for employers in New Jersey. On July 1, 2019, the minimum wage was increased by $.50. Beginning with January 1, 2020, the minimum wage will increase each January 1st by $1.00 per hour until reaching $15.00 per hour in 2024. After 2024, the wage rate will […]

Lawrence C. Weiner Co-authored a Chapter in NJICLE ‘s "Commercial Real Estate Transactions in New Jersey" Book

August 22, 2019

Congratulations to Lawrence C. Weiner, Member of the Firm's Commercial and Corporate Litigation Group, who recently co-authored a chapter in NJICLE ‘s "Commercial Real Estate Transactions in New Jersey" on "Brokerage Agreements and Related Considerations.

Anatomy of a Failed Buy Sell

August 21, 2019

Automotive Buy Sell Report August 21, 2019 By Joseph S. Aboyoun You enter into a long-awaited buy-sell transaction. As the seller, you are comforted that your exit plan is finally underway. As the buyer, you are pleased with the deal and what it will accomplish for your organization. Both parties proceed full steam ahead and […]

Gary S. Young Will be Speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show

August 20, 2019

Gary S. Young, Member of the Firm's Employment and Labor Law Practice Group, will be speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show on September 25th at the Meadowlands Expo Center. Gary will be discussing the new laws on sexual harassment in the workplace and what you need to know in this changing environment. Since 1996, Gary has served as the General Counsel for the New Jersey Restaurant and Hospitality Association, and is often called upon to speak on behalf of issues affecting the entire restaurant industry in New Jersey and he is excited to share his knowledge of employment law with show attendees this year.

The Irving Mandelbaum Scholarship Fund was Able to Assist 7 Individuals This Year!

August 19, 2019

We are pleased to announce that the Irving Mandelbaum Scholarship Fund was able to assist 7 individuals this year! Due to the generosity of our attorneys, we were able to distribute a total of $8,500.00 to the recipients to continue their academic careers. Please join us in wishing them the best of luck this school year and thanking our donors!

Thirteen Mandelbaum Barrett Attorneys Recognized By Their Peers In Best Lawyers in America© 2020

August 15, 2019

We are proud to announce that thirteen of our attorneys have been selected by their peers for inclusion in The Best Lawyers in America© 2020 edition. In addition, Barry Mandelbaum has been recognized as Lawyer of the Year in Real Estate Law.

Since it was first published in 1983, Best Lawyers© has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Many of the below attorneys have been listed in this publication for over ten years.

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. To learn more about Best Lawyers, visit www.bestlawyers.com/methodology

New Jersey Bill A1094 Limits What Employers Can Ask Job Applicants About Past Wage Or Salary

August 9, 2019

On July 25th, New Jersey Bill A1094 was signed into law and will be effective on January 1, 2020. The new law prohibits employers from asking job applicants about past wages or salaries or to screen applicants based upon wage or salary history unless such information is voluntarily offered by the applicant. The law is […]

Independent Contractor or Employee: What's the Difference?

August 7, 2019

It’s a vexing question for practice owners: How do you classify a potential new dentist who is joining your practice? Is the dentist an independent contractor or an employee? The misclassification of an employee as an independent contractor can result in serious financial ramifications, including taxes, fines, and penalties from both state and federal agencies. […]

Barrett Spoke at New York County Dental Society's "Career Advice After Dental School/Residency"

August 6, 2019

A Handshake Isn't Enough

August 2, 2019

Today’s Veterinary Business August 2019 By Peter H. Tanella After extensive deliberations, you take a leap of faith and decide to dive into a veterinary practice partnership. While excitement compels you to rush into the venture, taking a step back to evaluate the implications and properly structure the business arrangement will greatly benefit you and […]

NJ Supreme Court Set to Tackle Arbitration Agreements in the Digital Age

August 1, 2019

The New Jersey Supreme Court recently granted certification in Skuse v. Pfizer, Inc., 457 N.J. Super. 539 (App. Div. 2019), an Appellate Division case that addresses the appropriate manner in which employers should seek an employee’s agreement to arbitrate, when consent is sought through electronic means, such as online modules. The Court’s view on this […]

More On Equal Pay

July 30, 2019

We recently blogged about changes in the law concerning equal pay for women. See, U.S. Soccer Team Sues for Equal Pay, March 11, 2019. This included advice concerning steps to take by employers to ensure compliance with the law. See, The Importance of Engaging in a Pay Equity Study, February 4, 2019. Last Wednesday, four […]

The Reports of Arbitration Agreements' Death Have Been Greatly Exaggerated

July 29, 2019

Mark Twain, upon learning his obituary was mistakenly published, wrote that the reports of his death are greatly exaggerated. The same can be said about arbitration agreements. In 2018, New York passed a statute to deal with the “scourge of sexual harassment.” Codified as CPLR Sec. 7515, the law prohibits contracts that require “the parties […]

Dennis Alessi Joins Steven Mizrach for Educational Webinar on The Financial Pros and Cons of a DSO

July 24, 2019

Dennis J. Alessi, Member and Co-Chair of the Firm’s Healthcare Law and Employment and Labor Law Practices joins with Steven Mizrach, CPA at Dorfman Mizrach & Thaler, LLP, next Tuesday, July 30th for an educational webinar on The Financial Pros and Cons of a DSO. If you are a dentist looking to grow your dental […]

Join Mandelbaum Barrett and Sobel Co., LLC for Retirement Plans: The Pros and Cons of a Pre-Approved Plan Breakfast Seminar

July 24, 2019

Attention Business Owners: You don't want to miss this informative program on Retirement Plans: The Pros and Cons of a Pre-Approved Plan being held at Mandelbaum Barrett on September 25th from 8:30 a.m. – 10:00 a.m. Join Mandelbaum Barrett and Sobel & Co., LLC for our breakfast seminar that will cover retirement plans from the legal and accounting perspective. Learn about best practices if you sponsor a qualified plan, prototype pre-approved plans, new IRS Correction Procedures and common plan issues identified by auditors.

Dennis Alessi Joins Steven Mizrach for Educational Webinar on The Financial Pros and Cons of a DSO

July 24, 2019

Gocel To Speak At Paramount Oral Surgery Study Club On Practice Transitions

July 23, 2019

On September 25, 2019 Casey Gocel will be presenting on "Mergers & Acquisitions, Partnership and Transitions" to the Paramount Oral Surgery Study Group in Staten Island, New York. The seminar will cover:

What You Need To Know If You're Injured At Work In New Jersey

July 19, 2019

By Andrew R. Bronsnick It’s mandatory in New Jersey that all employers not covered by federal programs offer some form of compensation to injured workers. Learn more about these regulations and how you can file a claim if you’ve been hurt. Have you been injured in the workplace? If so, you’re not alone. The National […]

Steve Adler Authors Article for NJBIZ on Age Discrimination Laws

July 18, 2019

Steve Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group, authored an article for NJBIZ discussing how age discrimination laws provide some flexibility for companies to set long-term plans. Read more here: https://bit.ly/2LXNfWf

Barrett To Speak At New York County Dental Society's "Career Advice After Dental School/Residency"

July 17, 2019

CEO William S. Barrett will speak as part of a New York County Dental Society panel on "Career Advice After Dental School/Residency" on Tuesday, August 6, 2019. The program will begin at 6:30 p.m. and will address the following factors critical to landing a job and creating a successful career:

Barrett To Speak At Greater New York Dental Society Annual Meeting On "Mergers, Acquisitions, Associateships And Transitions"

July 17, 2019

Whether you are looking to become a practice owner, grow your existing practice through acquisition, or you are seeking the best exit strategy in your career, you need to understand the issues of practice transition from both perspectives. Learn about the current state of the market for mergers, acquisitions and sales of general dentistry and dental specialty practices and the business and legal pros, cons and considerations to navigate between practice purchase/sales vs. associate buy-in partnerships transactions.

Barry Mandelbaum Recognized as NJBIZ 2019 Icon Award Winner

July 16, 2019

Congratulations to Barry Mandelbaum, founding member of the Firm and Chairman of the Board, for being recognized as a NJBIZ 2019 Icon Award winner. Barry is being recognized for his work growing the law firm, serving clients with dignity and respect for over 57 years and all of his charitable endeavors. We're so excited that you are being honored for all your outstanding work throughout the years! To read more about this award, click here.

New York's Employment Arbitration Ban is Pre-empted by Federal Law. Why New York Employers Need an "Undo" Button.

July 12, 2019

On June 26, 2019, United States District Court Judge Denise Cote, Southern District of New York, held in Latif v. Morgan Stanley & Co., LLC, et al., No. 1:18-cv-11528 (S.D.N.Y. June 26, 2019), that New York’s ban on mandatory arbitration agreements of employment-related sexual harassment claims is preempted by the Federal Arbitration Act (“FAA”) As […]

Going Solo After An Auto Accident Can Be A Costly Mistake

July 3, 2019

By Andrew R. Bronsnick Anyone involved in a car crash has emotional and psychological effects to consider, as well as legal and financial issues. Here’s why a caring and experienced lawyer is a necessity. There are an estimated 6 million auto accidents every year in the United States. These result in 3 million annual injuries, two-thirds […]

A Guide on the Upcoming Minimum Wage Increases in New Jersey

July 1, 2019

In early January, Governor Phil Murphy and Democratic leaders of the Legislature struck a deal that would raise the minimum wage to $15.00 per hour in New Jersey. On Monday, February 4, Governor Murphy followed through on his campaign promise, signing the legislation that will increase the state’s minimum wage over the next few years.[1] […]

Peter Tanella Sworn in to Serve His 5th Term on the Council of Cedar Grove

July 1, 2019

Congratulations to Partner Peter Tanella who was recently sworn in to serve his 5th term on the Council of Cedar Grove. Peter has served Cedar Grove since first being elected in November of 2004, including 4 terms as Mayor. We are proud of your dedication and 15 years of service.

Legal Issues Surrounding the Treatment of Veterinary Patients with Cannabis

June 30, 2019

Pot for Spot?: Legal Issues Surrounding the Treatment of Veterinary Patients with Cannabis California has become the first state to give veterinarians the legal protection to discuss medicinal cannabis as a form of animal treatment, but the question is should other states follow suit? Under federal law cannabis is strictly illegal and is considered a […]

Independent Contractor or Employee

June 29, 2019

Independent Contractor or Employee: What’s the Difference? It’s a vexing question for practice owners: How do you classify a potential new veterinarian who is joining your practice? Is the veterinarian an independent contractor or an employee? The misclassification of an employee as an independent contractor can result in serious financial ramifications, including taxes, fines, and […]

Opioid Epidemic

June 28, 2019

When Two-Legged Epidemics Reach Our Four- Legged Friends: Veterinarians and the Opioid Crisis It is common knowledge that an opioid epidemic has been sweeping the nation, but many veterinarians do not realize that they have a responsibility to help curve the abuse of pain medication in their practice. Opioids are extremely powerful pain-relieving medications, that […]

Lynne Strober Authors Article for Family Lawyer Magazine on Hired Guns vs. Objective Experts

June 28, 2019

Lynne Strober, Co-Chair of Mandelbaum Barrett's Family Law Practice Group wrote an article for Family Lawyer Magazine on "Expert Opinions: Hired Guns vs. Objective Experts." Read more here.

Joel MacMull Quoted in Yahoo Finance Article on "Why the Backlash Over Kim Kardashian Trademarking 'Kimono' Strengthens Her Legal Case"

June 28, 2019

Joel MacMull, Vice Chair of the Firm's Intellectual Property & Brand Management Practice was quoted in an article for Yahoo Finance on "Why the backlash over Kim Kardashian trademarking 'Kimono' strengthens her legal case." Read more here.

What to Consider When Leaving a Veterinary Practice

June 26, 2019

The Veterinary Divorce: The Considerations When Leaving a Veterinary Practice While departing from a veterinary practice may seem like a trivial task, it can often be a complex decision and process. When dealing with a “veterinary divorce”, both parties should engage in careful considerations to protect both the clients and the veterinarians.  This article will […]

Joel MacMull Comments on Women's Wear Daily Article About Supreme Court Decision in the "FUCT" Case

June 26, 2019

Joel MacMull, Vice Chair of Mandelbaum Barrett's IntellectualProperty and BrandManagement Practice Group commented yesterday on a Women's Wear Daily (WWD) article talking about the recent Supreme Court decision in the "FUCT" case that struck down restrictions on "immoral or scandalous" trademarks. Read what Joel and other industry leaders have to say here.

The Supreme Court Issues Decision in Iancu v. Brunetti

June 25, 2019

The Supreme Court issued its decision in Iancu v. Brunetti yesterday almost two years to the day after its landmark ruling in Matal v. Tam, the latter which our Intellectual Property team of Ronald Coleman and Joel MacMull served time as lead counsel on.

David Carton Answers an NJ.com Reader's Question about Marital Settlement Agreements

June 24, 2019

David Carton, Co-Chair of Mandelbaum Barrett's Matrimonial and Family Law Practice Group recently answered an NJ.com reader's question about Marital, Settlement, Agreements and what happens to house sale funds if a spouse passes away prior to the sale?

Gary Young Authors Op-Ed Piece for NJBIZ on Salary Scrutiny

June 19, 2019

Gary Young, a Member in Mandelbaum Barrett's Corporate and ERISA Practice Groups, explains how employers can ensure that their compensation practices comply with the state's equal pay law in his article featured in NJBIZ. Gary explains how the Diane B. Allen Equal Pay Act is significantly strengthening protections against employment discrimination by addressing equal pay for women and other protected categories.

Welcoming Mandelbaum Barrett's Summer Law Clerks!

June 19, 2019

We are excited to welcome our Summer Law Clerks (L-R) Sean Govlick (Rutgers University School of Law, Class of 2020), Nadia Samman (Tulane University School of Law, Class of 2020) and Michael Polychronis (New York Law School, Class of 2021).

Jeffrey Rosenthal Serves as Legal Advisor in Recent AUA Private Equity Partners LLC Acquisition

June 19, 2019

Mandelbaum Barrett's Banking and Financial Services Group, led by Co-Chair Jeffrey Rosenthal served as a legal advisor in the recent AUA Private Equity Partners LLC acquisition of the assets of TruFood Mfg., Inc., a leading snack food contract manufacturer.

David Carton Spoke at NJAPM's Annual Civil and Divorce Mediation Seminar

June 18, 2019

On June 15, David Carton, Co-Chair of Mandelbaum Barrett's Family Law Practice Group, spoke at the New Jersey Association of Professional Mediators Annual Civil and Divorce Mediation Seminar on how alimony is viewed after January 1st where it is no longer taxable to the recipient and deductible to the payor.

New York's New Paid Time Off to Vote Election Law

June 17, 2019

Remember the long lines at polling sites last midterm? New York State has mitigated one obstacle to exercising the right to vote – unavoidably impacting employers. On April 1, 2019, New York amended Election Law §3-110, effective immediately, and now requires employers to permit employees to “take off so much working time as will enable […]

Martin D. Hauptman appointed to a three year term as a Consultor to the Real Property Trust and Estate section of the New Jersey State Bar Association

June 13, 2019

Congratulations to Martin D. Hauptman, a partner in the Firm's #Trusts & #Estates practice group, who was appointed to a three year term as a Consultor to the Real Property Trust and Estate section of the @New Jersey State Bar Association. The Real Property Trust and Estate Law Section discusses developments in real #property, trust and estate law, including the creation and# administration of estates, #wills and trusts. Please join us in congratulating Martin on this achievement!

Mandelbaum Barrett's Summer 2019 VetNews

June 7, 2019

Check out our latest issue of VetNews, a must read for the veterinary community! Read about legal issues surrounding the treatment of veterinary patients with cannabis, pets and inheritance and the opioid crisis in veterinary medicine.

Arla D. Cahill Appointed to the Executive Committee of Employment Horizons, Inc

June 3, 2019

Congratulations to Arla D. Cahill, Co-Chair of the Firm's Special Needs Practice, who was appointed to the Executive Committee of Employment Horizons, Inc. Employment Horizons was founded in Morristown in 1957 by a group of forward-thinking parents who wanted to expand work and personal growth opportunities for their children with disabilities. Over the years, Employment Horizons has implemented innovative programs to meet the needs and choices of those they serve, both on-site as well as in the community. They provide job training and placement services to people with disabilities and other barriers to employment in the greater Morris County, NJ area. Arla has been active in the organization for a number of years and we know she will continue to do great things.

Casey Gocel Named as a Top 25 Leading Intrapreneur by Leading Women Entrepreneurs

May 30, 2019

Congratulations to Shareholder Casey Gocel who was named by Leading Women Entrepreneurs & Business Owners as a Top 25 Leading Intrapreneur. Leading Women Entrepreneurs (LWE) is a networking organization that recognizes outstanding women in business. This award honors the innovators in corporate environments who support diversity efforts. Casey has helped numerous companies become Women Owned Businesses and specializes in corporate transactions and estate planning. Casey also leads the Firm's Women's Initiative and Charity Committee.

May New York Employers Require Job Applicants to Submit to Marijuana Testing?

May 23, 2019

The answer in New York City is, in most instances, “NO,” and that’s new. Recently, NYC banned pre-employment marijuana and THC testing. On May 10, 2019, New York City enacted Int. 1445-A, which makes it unlawful for employers, labor organizations, employment agencies (and their agents) to require a prospective employee to submit to testing for […]

Lynne Strober Reappointed to New Jersey State Bar Association Family Law Executive Committee for 2019-2020

May 23, 2019

Lynne Strober, Co-Chair of Mandelbaum Barrett's Matrimonial & Family Law Practice Group has been reappointed to serve on the New Jersey State Bar Association Family Law Executive Committee for the 2019-2020 term.

Will You Still Need Me When I'm Sixty-Five?

May 20, 2019

Over fifty years ago on their Sgt. Pepper album the Beatles sang about turning sixty-four. But executives should be asking companies: “[w]ill you still need me, will you still feed me when I’m sixty-[five]?” You may be aware that there are no age parameters under the New Jersey Law Against Discrimination. See N.J.S.A. 10:5-1 et seq. (“NJLAD”). You […]

Mandelbaum Barrett Participated in the Say Thank You Selfie Challenge Through Operation Gratitude

May 17, 2019

In honor of Military Appreciation month the attorneys and staff of Mandelbaum Barrett participated in the #SayThankYouSelfie Challenge through #OperationGratitude! We challenge all of our clients, friends and families to join us in showing #gratitude to the service men and women both home and abroad with this fun and unique campaign.

To take part in this Operation Gratitude event, all you need to do is:

1. Take a picture or video of yourself saying "Thank You" or holding up a handwritten sign. Have your loved ones, children, friends or pets join you, and make it a family affair! You can even personalize your message for someone you know who is currently serving in the Military.

2. Upload your selfie to any social media platform and add the hashtags #SayThankYouSelfie and #OperationGratitude. Tag your friends and co-workers as well, and challenge them to participate!

Pictures with the hashtags will be included in a special edition of the Operation Gratitude magazine, which will be placed in every single one of the 500,000+ Care Packages they'll send over the next year.

Optimize Your Dealership Group's Value Through Strategic Buy Sells

May 15, 2019

Automotive Buy Sell Report May 15, 2019 By Joseph S. Aboyoun The many years of growth and significant profits appear to be behind us. The SAAR has retreated, profits are down, inventories are piling up, and competition is as stiff as it’s ever been. At the same time, the manufacturers continue to erode dealership profits […]

Craig Alexander Closes Multi-Million Dollar Sale in Hudson County, New Jersey

May 14, 2019

Craig W. Alexander, a partner in the firm's Real Estate Department, represented a prominent investor in the multi-million dollar sale of a pharmacy located in Hudson County, New Jersey.

Lights Out: Class Arbitrations Prohibited by Ambiguous Arbitration Agreements

April 25, 2019

On April 24, 2019, the United States Supreme Court decided Lamps Plus, Inc. v. Varela, No. 17-988, in which it held (by a 5-4 vote) that, under the Federal Arbitration Act (FAA), parties have not agreed to class arbitration where the arbitration clause at issue is ambiguous about the availability of such arbitration. There, a […]

Lynne Strober Named to the 2019 National Law Journal List of Family Law Trailblazers

April 16, 2019

We are proud to announce that Lynne Strober, Co-Chair of Mandelbaum Barrett's Family Law Practice Group, has been named to the 2019 National Law Journal's List of Family Law Trailblazers. The National Law Journal accepted nominations from all around the nation and narrowed their list down to 14 individuals who through their hard work and determination, have helped their clients during what is often one of the most difficult times in their lives. Congratulations Lynne on this well deserved honor!

Barry Mandelbaum Discusses Firm's Real Estate Group in Real Estate NJ's Spotlight Issue

April 11, 2019

Barry R. Mandelbaum, Chair of Mandelbaum Barrett's Real Estate Practice Group and co-founder of the Firm, highlights how the Firm's 89-year history provides a unique experience for their clients in Real Estate NJ's Spotlight Issue. Click here to read more.

David Carton and Raj Gadhok Named to New Jersey's Best Lawyers for Families List for 2019

April 9, 2019

New Jersey Family has released its highly-anticipated list of family lawyers parents recommend most. This year's list has 170 attorneys who practice throughout New Jersey. We are excited to share that David Carton and Raj Gadhok have been named to this list. According to New Jersey Family, every attorney on the list was nominated by a parent sharing a real-life experience. For the full list, click here.

Dennis Alessi Interviewed for ROI-NJ on the Frequency of Healthcare Regulation Changes

April 8, 2019

Dennis J. Alessi, Esq., Co-Chair of Mandelbaum Barrett's Healthcare and Employment Law Practice Groups, was recently interviewed for an ROI-NJ piece on the frequency of healthcare regulation changes and the effect that it has on physician and practice group compliance. Read the article here.

Essex County's Gun Buyback Initiative Was a Huge Success

April 5, 2019

Congratulations to the Essex County Bar Association, Essex County Prosecutor's Office, Newark Police Department and Essex Sheriff's Office on their successful gun buyback initiative which took over 300 guns off the streets of Essex County this past weekend. A special congratulations to Mandelbaum Salsburg Member Raj Gadhok, who helped spearhead this program as President of the ECBA. We are proud to say that our Firm had 100% fundraising participation from our attorneys towards this great cause!

Mandelbaum Barrett's Spring 2019 View From the Bar Newsletter

April 4, 2019

Mandelbaum Barrett's latest issue of View From the Bar is now available!

Shawna Brown Answers a NJ.com Readers Question on "I own a home with Mom. Can she qualify for the Senior Freeze?"

March 28, 2019

Shawna Brown, an Associate in Mandelbaum Barrett's Elder Law Practice Group answered a nj.com readers questions about whether or not an elderly mother can apply for the Senior Freeze if she shares a home with her daughter. Click here to read more.

Groundbreaking Employment Legislation in New Jersey Precludes Arbitration and Confidentiality

March 26, 2019

On March 18, 2019 groundbreaking employment legislation was enacted in New Jersey. While it is only a few paragraphs long, it makes three significant changes to the employment law landscape in the Garden State. First, Senate Bill No. 121 bars provisions in an employment agreement that waive any substantive or procedural right or remedy relating […]

Member Casey Gocel Named to NJBIZ Top 50 Women in Business

March 26, 2019

We are proud to announce that Mandelbaum Barrett Shareholder Casey Gocel has been named by NJBIZ as one of the Top 50 Women in Business.

1099 vs. W2

March 25, 2019

The New Jersey Department of Labor and the New Jersey Division of Consumer Affairs have reminded employers that under N.J.S.A. 43:21-1 et seq., the New Jersey Unemployment Compensation Law (NJUCL), if a service is performed for remuneration or under any contract of hire, written or oral, express or implied, it is considered to be covered […]

New York City's New Lactation Law Took Effect March 17, 2019

March 25, 2019

Effective March 17, 2019, employers with four or more employees in New York City must provide employees with break time and a private place to express milk. Like with other protected classes, employers can refuse to make these accommodations if they impose an undue hardship. Under New York City law, employers must notify employees about […]

Mandelbaum Barrett's March 2019 Special Needs Newsletter

March 21, 2019

Mandelbaum Barrett's March Special Needs Newsletter is now available. In this issue you can read about what a special needs trust can pay for and kiddie tax changes. If you have any questions, please do not hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill. Click here to read this month's issue.

Spring 2019 VetNews

March 15, 2019

Our latest issue of VetNews, a publication for the veterinary community that provides valuable articles on topics that impact your practice. In this issue you'll read about the corporatization of veterinary medicine and how to survive as an independent practice, things to consider when leaving a practice and information on the upcoming minimum wage increase in New Jersey. For more information about the Firm's Veterinary Law Practice, contact Chair Peter Tanella, Esq. at ptanella@lawfirm.ms

The New Jersey Cleanup Deadline Is Fast-Approaching

March 14, 2019

New Jersey’s Site Remediation Reform Act (“SRRA”), enacted in March 2009, was intended to “speed up the cleanup process” of environmental contamination cases, and “to allow for quicker case completion.” To achieve this purpose, the SRRA authorized the New Jersey Department of Environmental Protection (“NJDEP”) to establish mandatory timeframes for all phases of environmental investigations […]

Shawna Brown to Speak at Progressive Comprehensive Services, LLC on Special Needs Trusts Funds, Guardianship and More

March 14, 2019

Shawna Brown, an Associate at Mandelbaum Barrett will be speaking at a special interactive family event hosted by Progressive Comprehensive Services, LLC on the ABLE-ACT, Special Needs Trusts Funds and Guardianship. To learn more about this event or to register, click here.

13 Mandelbaum Barrett Attorneys Named to the 2019 New Jersey Super Lawyers List and 3 to Rising Stars

March 12, 2019

Mandelbaum Barrett is pleased to announce that thirteen of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2019. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the research team at Super Lawyers to receive this honor. In addition, the Firm is excited to announce that three of our attorneys were named to the Rising Stars list for 2019, which recognizes the top up-and-coming attorneys age 40 or under or who are in practice for 10 years or less. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This year's Mandelbaum Barrett Super Lawyers include:

U.S. Women's Soccer Team Sues for Equal Pay

March 11, 2019

We have written a number of times in this blog about recent changes in New Jersey to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“NJLAD”) relating to equal pay. See our blog from November 21, 2018 concerning the passage of the Diane B. Allen Equal Pay Act amending the NJLAD. See also our […]

USDOL Issues Notice Of Proposed Rulemaking Concerning Changes to the Overtime Law

March 11, 2019

The federal Fair Labor Standards Act (“FLSA”) requires employers to pay at least minimum wage for all hours worked and overtime at one and one-half times employees’ regular hourly rates of pay for all hours over forty (40) in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both the minimum wage […]

Michael Bevacqua and Brian Block Receive Favorable Judgement on Behalf of National Bank Client

March 7, 2019

We are pleased to announce that attorneys Michael Bevacqua and Brian Block recently prevailed in the New York Appellate Division, First Department, on behalf of their national bank client. The appeals court affirmed summary judgment in favor of the bank, resulting in the complete dismissal of the plaintiff general contractor's six-figure claim against the bank for payment of two checks related to a construction project in New York City.

Mandelbaum Barrett Listed as One of the "Top 20 Largest New Jersey Law Firms"

March 7, 2019

We are excited to share that Mandelbaum Barrett has been listed as one of the "Top 20 Largest New Jersey Law Firms" by NJBIZ in their annual list. Our firm was one of the two fastest growing law firms in the state during the past year according to the list. We are grateful to our clients for allowing us to continue to do what we love every day and our staff for their dedication and commitment to helping the Firm achieve its goals. As we begin our 89th year as a full-service firm providing legal services and strategic counsel to corporations big and small and individuals at all stages of their life, we continue to hold true to our founding mantra that we are "built on relationships and focused on results." Click here to read more.

Mandelbaum Barrett's March 2019 Elder Law Alert

March 5, 2019

Mandelbaum Barrett's March Elder Law Newsletter is now available. This month's issue discusses paid family caregivers through Medicaid, protecting your house after you move into a nursing home, and more. Click here to read this month's issue.

Arla Cahill Receives Great Result for Client in a Case Involving a Corporate Officer Being Held Personally Liable for Past Company's Debts

March 5, 2019

On March 5, 2019, Mandelbaum Barrett Member Arla D. Cahill successfully defeated a plaintiff's motion for summary judgment and prevailed on a cross-motion for summary judgment that dismissed a complaint for $125,000 entirely and with prejudice in favor of the firm's client. The complaint sought to hold the client, a corporate officer, personally liable for the alleged debt of a defunct New Jersey corporation based on an unsigned credit agreement containing a joint and several liability provision that plaintiff sought to enforce under Utah law. The court rejected plaintiff's argument that use of a corporate credit card constituted an agreement by the officer to be personally liable for the company's charges. The court also found no evidence that the proffered credit agreement was the original agreement issued for the company's account or any other evidence justifying personal liability. Applying New Jersey law, the court found that, unlike Utah law, unsigned personal guarantees and unilateral, inconspicuous "bill stuffer" amendments to material terms of credit agreements are unenforceable. Because this was the second time this plaintiff filed suit against the corporate officer, the court also found that the suit was barred by New Jersey's entire controversy doctrine.

Mandelbaum Barrett Named to NJBIZ's 2019 Best Places to Work

March 4, 2019

We are excited and honored to announce that we have been named to NJBIZ's 2019 Best Places to Work! Whether through scholarship programs for our employees to continue their education, recognition events, health and wellness initiatives or fun team building activities, we pride ourselves on providing the best possible culture and environment for our employees.

Michael Bevacqua and Brian Block Co-authored Article for NJLJ Entitled "Insureds' Misrepresentations in Coverage Litigation Do Not Count"

February 28, 2019

Michael Bevacqua, Co-Chair of the Firm's Banking Litigation and Consumer Finance Defense Practice and Brian Block, an Associate in the group, co-authored an article for the New Jersey Law Journal entitled "Insureds' Misrepresentations in Coverage Litigation Do Not Count."

The Expert's Role In A Premises Liability Suit

February 28, 2019

By Andrew R. Bronsnick We have hired several expert witnesses to provide testimony during premises liability and personal injury trials and hearings. This is a critical element of a plaintiff’s injury or wrongful death claim and involves more than just hindsight and opinions. The expert’s opinion helps establish who might be liable for an injury and how it […]

The "UM"S And "UIM"S Of Auto Insurance

February 21, 2019

By Andrew R. Bronsnick When handling injury matters, Mandelbaum Barrett PC excels in our ability to communicate and negotiate with insurance providers and secure maximum compensation for clients. Oftentimes, success depends upon uncovering other insurance coverage and presenting ambiguous policy language to the courts. We advise all our automobile accident clients of the importance of […]

Mandelbaum Barrett's February 2019 Special Needs Newsletter

February 20, 2019

Mandelbaum Barrett's February Special Needs Newsletter is now available. In this issue you can read about ABLE accounts, a difficult question parents of adult children with disabilities face, and more. If you have any questions, please don't hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill. Read more here.

Litigation Department Obtains $6.7 Million Award On Behalf Of Client

February 14, 2019

On February 14, 2019, Michael Saffer, Co-Chair of the Firm's Litigation Department and Arla D. Cahill, a Member of that Department, obtained an award of $6.7 million in a complex commercial arbitration proceeding before the American Arbitration Association in New York City in which they represented an anesthesiology group that asserted numerous claims against a surgery center. The Arbitrator, following 10 days of hearings with numerous witnesses and hundreds of trial exhibits created by our team, awarded the entire amount requested in the Demand for Arbitration.

Corporate Practice Represented Southern Airways in Recent Acquisition of Mokulele Airlines

February 13, 2019

Mandelbaum Barrett's Corporate Practice represented Southern Airways in connection with its recent acquisition of Mokulele Airlines, a Hawaii based airline. Also in connection with this transaction, Southern Airways raised additional capital from a national airline. The deal team on this transaction included Jeffrey Wasserman, Dan Barkin and Patrick Toolan. The newly combined entity will operate 1,380 weekly flights, more than any other commuter airline in the 50 states.

Two Year Statute of Limitations on NJLAD Claims Run From First Day After Plaintiff Comes Off Payroll

February 12, 2019

In a recent unreported decision of the New Jersey Appellate Division, the Court reaffirmed that the two year statute of limitations for claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“NJLAD”), begins to run from the first day after a plaintiff comes off payroll. In Turner-Barnes v. Camden County College, N.J. […]

Mandelbaum Barrett's February 2019 Elder Law Alert

February 11, 2019

Mandelbaum Barrett's February Elder Law Newsletter is now available. This month's issue discusses Medicaid home care, costs of new long-term care insurance policies, and more. Click here to read this month's issue.

Craig Alexander Closes Multi Million Dollar Mortgage Loan

February 11, 2019

Craig W. Alexander, a partner in the firm's Real Estate Department, closed a million dollar mortgage loan on behalf of a prominent investor for a commercial building in Essex County, New Jersey. Mandelbaum Barrett was able to leverage its relationships to assist the client in acquiring the property in an unusual transaction commencing with the purchase of the existing debt, financed by a hard money lender introduced to the client by the firm. The client acquired title to the property after the firm structured a "deed in lieu of" transaction made possible by the firm's relationship with the lender and title company, followed by a refinancing with an institutional lender also introduced to the lender by the firm.

Mandelbaum Barrett's Personal Injury Team Recently Helped an Injured Patron Hold a Careless Bar Accountable For an On-site Stabbing

February 11, 2019

Member Joe Peters and Associate Ethan Wells earned a major victory on behalf of a client who was stabbed in a New Brunswick, New Jersey bar. The client sustained multiple traumatic injuries to his leg, abdomen, pancreas, and spleen.

Peters and Wells aggressively advocated for our client during the mediation and were able to prove that the bar in question had an obligation to provide security at its establishment in a reasonable manner. The bar also failed to successfully train and supervise its security personnel. Therefore, the bar was fully liable for plaintiff's injuries. The mediation ended when the defendant's agreed to compensate the plaintiff in full. This is just one of the many satisfying verdicts our personal injury attorneys have achieved for plaintiffs.

Environmental Tips From An Environmental Attorney

February 8, 2019

Don’t Ignore Construction/Development Related Issues During Your Environmental Due Diligence. Appropriate environmental due diligence on commercial real estate typically consists of a Phase I Environmental Site Assessment/ Preliminary Assessment Report (“Ph I/PAR”). This includes a visual site inspection and review of aerial photographs, Sanborn Maps, historical regulatory records and databases. The Phase I/PAR identifies what one would […]

Craig Alexander Closes $20M Construction Loan in Ridgewood, NJ

February 5, 2019

Craig W. Alexander, a Member in the Firm's Real Estate Practice Group, closed a $20,000,000 construction loan on behalf of a prominent developer for a residential project in Ridgewood, New Jersey.

The Importance of Engaging in a Pay Equity Study

February 4, 2019

Background on the Need for a Pay Equity Study The recent passage of the Diane B. Allen Equal Pay Act (the “Act”) amended the New Jersey Law Against Discrimination (“LAD”) to strengthen protections against employment discrimination and to promote equal pay for women and employees in other protected categories. The Act became effective on July […]

Court Recognizes "Judicial Estoppel" Defense to Spill Act Contribution Claims

February 4, 2019

Recently, in Terranova v. General Electric Pension Trust, __ N.J. Super. __, 2019 WL 149440 (N.J. Super. Ct. App. Div. Jan. 4, 2019), the Appellate Division held that the doctrine of “judicial estoppel” is a valid defense to Spill Act contribution claims. Judicial estoppel is an equitable doctrine that prevents a party from asserting a […]

Richard Miller Spoke with ROI-NJ on Divorce and Remarriage Among the Aging Generation

February 1, 2019

Elder Law Chair Richard Miller spoke with ROI-NJ on divorce and remarriage among the aging generation and the financial consequences. Click here to read more.

Lauren X. Topelsohn Talks About the Minimum Wage Increase in NJ and the Impact on Seasonal Businesses

February 1, 2019

Lauren X. Topelsohn, a Member in the Firm's Employment Law Practice Group talks about the New Jersey minimum wage which is being increased and the impact on "seasonal businesses" like those at the Jersey Shore. Click here to read more.

Steven Adler Authored Article for New Jersey Law Journal on the MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation

January 23, 2019

Co-Chair of Mandelbaum Barrett's Employment Practice Group, Steven Adler, published an article for the New Jersey Law Journal on the "MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation." Click here to read more.

Mandelbaum Barrett's Real Estate Team Completes Largest Real Estate Transaction in the Firm's 89 Year History

January 22, 2019

Congratulations to Mandelbaum Barrett's Real Estate team on completing the largest real estate transaction in the Firm's 89 year history. This complicated transaction on behalf of long-time Firm client Rubenstein Properties involved the sale of a portfolio of 29 properties (located in 6 different states) having approximately 5.2 M square feet of industrial space with a purchase price of nearly $200M. Member Owen Hughes led a team of attorneys and support personnel from the real estate practice and our Environmental Group, including Member Gordon Duus, who provided assistance on environmental matters. The contract was negotiated and signed in the fall of 2018. The transaction involved complex title and survey issues, property condition diligence, tenant issues, bulk sale and environmental compliance activities and negotiation and procurement of environmental insurance. The closing stretched over 3 days during the week of January 14, 2019, including one night with Owen and Chair Barry Mandelbaum leaving the closing table at midnight. We are proud of the team effort by the members of our Real Estate and Environmental practices to ensure a successful portfolio sale for our client.

A Tale of Two Tests: Conflict Brewing on Corporate Owner and Officer Personal Liability Under the Spill Act

January 17, 2019

Like its federal counterpart CERCLA, the New Jersey Spill Compensation and Control Act (“Spill Act”) imposes strict liability for environmental cleanup costs. But on whom? The legal test used to answer that question has drastic consequences on the potential personal liability of corporate owners and officers. Though New Jersey courts have relied upon the more […]

New Jersey Legislature Considers Proposing Environmental Rights Amendment to State Constitution

January 17, 2019

The New Jersey Legislature is in the process of proposing an Environmental Rights Amendment to the State constitution, based on an existing amendment to Pennsylvania’s constitution. Concurrent resolutions, ACR85 and SCR134, are pending before the Assembly and Senate of the State legislature.  The amendment provides that every person has a constitutional right to a clean […]

Personal Liability of Business Executives for the Cost of Environmental Cleanups

January 17, 2019

Recently, in Morris Plains Holding VF, LLC v. Milano French Cleaners, Inc., the New Jersey courts held the sole shareholder of a corporation personally liable for the cost to clean up the property on which his business operated. The defendant operated a dry cleaning business in a shopping center.  When dry cleaning solvents were discovered […]

The Gender Expression Non-Discrimination Act

January 16, 2019

After a sixteen year battle, New York state legislators passed a bill this week to specifically outlaw gender identity and gender expression discrimination. The Gender Expression Non-Discrimination Act ("GENDA") adds gender identity and expression as protected classes in employment, housing and public accommodations. Governor Andrew Cuomo has indicated he will sign the bill into law.

GENDA will give those working in New York State similar protection to that already provided in New York City by adding these protected categories to New York State's anti-discrimination laws. Should you have any questions concerning this, or any other labor or employment topic, contact Steven Adler.

Mandelbaum Barrett's January 2019 Special Needs Newsletter

January 14, 2019

Mandelbaum Barrett's January Special Needs Newsletter is now available. In this issue you can read about Pooled Trusts and home-ownership for individuals with disabilities. If you have any questions, please don't hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill.

Gary S. Young Joins Mandelbaum Barrett's Corporate and Employment Practices

January 9, 2019

We are pleased to announce that Gary S. Young has joined the Firm as a Member in both the Corporate and ERISA and Employee Benefits Practice Groups. Gary has over 40 years of legal experience concentrating his practice on ERISA, employee benefits, executive compensation and assisting businesses and individuals with drafting business formation contracts and documents and advising on tax audit rules. Click here to read more.

NJ Winter Driving Tips

January 9, 2019

By Andrew R. Bronsnick If driving a car or truck is a responsibility of your job or is simply your mode of transportation, winter weather presents hazards that you need to consider when behind the wheel. With a statewide average of 64.09 inches of precipitation – which includes snow, rain, sleet and hail – NorthJersey.com […]

Mandelbaum Barrett's January 2019 Elder Law Alert

January 7, 2019

The January Elder Law Newsletter is now available. In this issue you can read about Medicare Part B, Understanding Medicare's Hospice Benefit, and more. Click here to read this month's issue.

Gadhok Obtains Unanimous Jury Verdict for Plaintiff

January 4, 2019

The Firm congratulates our partner, Raj Gadhok, on securing a unanimous jury verdict for the plaintiff on counts of fraud, abuse of process, malicious prosecution and related civil claims following a six-day trial before the Superior Court of New Jersey, Morris Vicinage. The case involved a long-running dispute between family members, heirs to a multi-million dollar estate, and Mr. Gadhok obtained a compensation damages award, as well as a substantial punitive damages award, for his client. The court also granted Mr. Gadhok permission to submit an application for all legal fees and costs incurred by his client in the case which application is pending before the court at this time.

Lynne Strober Quoted in CBS News Article on Couples Rushing to Divorce By Year-End

December 19, 2018

Co-Chair of Mandelbaum Barrett's Family Law Practice Group, Lynne Strober, was quoted in an article for CBS News about couples rushing to divorce by year-end – to save on taxes. Click here to see what Lynne advises. If you have any questions about this or other family law topics, please don't hesitate to contact Lynne at lstrober@lawfirm.ms.

Preventing Distracted Driving Your Employer's Role

December 18, 2018

By Andrew R. Bronsnick We’ve discussed the hazards of distracted driving in New Jersey. The National Highway Traffic and Safety Administration (NHTSA) advises that drivers should never take their eyes off the road for more than two seconds at a time for any reason – from phone use to rubbernecking. Your employer should also be encouraging safe driving […]

Lynne Strober Comments on Alimony Deduction Changes Coming Soon in Recent NJ.com Article

December 14, 2018

Mandelbaum Barrett Family Law Co-Chair Lynne Strober talks about alimony deduction changes coming soon and why some couples are speeding up their divorce while alimony is still deductible. Click here to read what Lynne and other experts have to say in this informative nj.com article.

Tis the Season to be Careful, Fa-la-la-la-la, la-la-la-la

December 7, 2018

Company holiday parties are often great for camaraderie and employee morale but are fraught with danger, whether it be harassment, religious discrimination or drinking and driving. We don’t want to be accused of being the Grinch that stole Christmas. We are all in favor of holiday parties, so long as they are done right. Here […]

Mandelbaum Barrett's December 2018 Elder Law Alert

December 6, 2018

The December Elder Law Newsletter is now available. In this issue you can read about Medicare Supplemental Coverage, Nursing Home Surveillance and more. Click here to read this month's issue.

Candles And Fire Safety During The Holidays

December 4, 2018

By Andrew R. Bronsnick With the holiday season in full swing, you should be aware of a possibly-dangerous mix of flammable items and materials in your home or business. The most notable items would be candles, trees and decorations. As previously discussed, businesses have inherent risks when planning any celebration involving candles. But the risk […]

NJ Department of Labor Publishes FAQs to Clarify Paid Sick Leave Law

November 29, 2018

The New Jersey Department of Labor and Workforce Development ("DOL") has published a list of Frequently Asked Questions ("FAQs") intended to address various unanswered (and unclear) questions regarding the new Sick Leave Law. The FAQs are available at: https://nj.gov/labor/forms_pdfs/lwdhome/Legal/earnedsickleave.pdf The DOL’s mandatory workplace poster is available at: https://nj.gov/labor/forms_pdfs/mw565sickleaveposter.pdf Naturally, if you have any questions regarding […]

Mandelbaum Barrett Receives High Rankings in Best Law Firms by U.S. News and World Report for 10th Year in a Row

November 29, 2018

Mandelbaum Barrett has once again received high rankings in the 2019 edition of U.S. News – Best Lawyers® "Best Law Firms."

The firm received "Metropolitan Tier 1" rankings in Banking and Finance Law, Real Estate Law, and Securitization and Structured Finance Law; "Metropolitan Tier 2" rankings in Commercial Litigation, Litigation-Banking & Finance, and Litigation – Real Estate; and "Metropolitan Tier 3" rankings in Corporate Law and Environmental Law. These rankings were determined through Best Lawyers' overall evaluation, which was derived from a combination of feedback from the Firm's clients, the high regard that attorneys in other firms have for Mandelbaum Salsburg attorneys, and information provided by the Firm to Best Lawyers.

Best Lawyers is a widely respected peer-review publication and the oldest in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals alike as a significant honor. If the votes for a firm are positive enough for inclusion in Best Lawyers, that firm must maintain those votes in subsequent polls to remain on the list for each edition. The Firm has received high rankings by Best Lawyers since 2010. In addition, several attorneys in the Firm maintain Best Lawyers' designations for their particular practices and have been so designated for several years.

Employment Law Intersects with Commercial Litigation

November 27, 2018

The Labor and Employment Law Group at Mandelbaum Barrett, PC prides itself on being able to handle difficult employment litigation cases that also involve commercial disputes. These days, more and more cases straddle employment and other areas of the law. One such case, Metro Commercial Management Services, Inc. v. Istendal, was just decided by the […]

The Holiday Season and Accommodating Religious Beliefs

November 27, 2018

As we are now in the middle of the holiday season, it is worth noting a recent, interesting decision concerning an employer’s obligation to accommodate an employee’s religious beliefs. In Miller v. The Port of Authority, 15-cv-6370 (KM)(MAH), the District Court rejected a worker’s suit that the Port Authority of New York and New Jersey […]

Scaffolding Safety In New Jersey

November 27, 2018

By Andrew R. Bronsnick Fatalities caused by falls from elevation continue to be a leading cause of death for construction workers. According to the Bureau of Labor Statistics, 370 of the 991 construction fatalities in 2016 were caused by falls from elevation. All of these deaths are preventable. In 2018, the top five OSHA violations […]

Equal Pay Act Compliance

November 21, 2018

Without question, the most aggressive and wide-ranging Equal Pay Act in the country was enacted this past year by the New Jersey Legislature. It is wide-ranging because it applies not only to pay disparity based on sex, but also based on an employee’s race, age, religion, disability, or any other classification of employees who are […]

Mohamed Nabulsi to Speak at the ABA's 16th Annual Washington Health Law Summit

November 21, 2018

Mohamed Nabulsi, Co-Chair of Mandelbaum Barrett's Healthcare Practice Group, will be speaking at the 16th Annual Washington Health Law Summit on "Would You Like Fraud With That? Examining Pharmacy Enforcement" presented by the American Bar Association in Washington, DC on December 11th. For more information about this program and to register, click here.

Richard Simon Appointed to the Board of Directors of The Needlers Foundation

November 20, 2018

Congratulations to Richard Simon, Co-Chair of the Firm's Banking & Financial Services Group who was appointed to the Board of Directors of The Needlers Foundation. The Foundation is a not-for-profit philanthropic organization, which contributes exclusively to children's charities. Founded approximately 50 years ago by a group of garment center executives to benefit children in need, their primary goal is raising funds and bringing awareness to benefit pediatric neurosurgery and to help sick and underprivileged children. Members includes those in allied industries as well as lawyers, CPAs, bankers, doctors and health care professionals who have helped raise millions of dollars for children's charities. We are proud of Richard and know he will do great things for this amazing cause. To learn more about the organization visit www.needlers.org.

Construction Accidents -The Fatal Four

November 20, 2018

By Andrew R. Bronsnick Snow, ice and freezing rain are pretty much a given in New Jersey. Now that temperatures are dropping, darkness falls earlier and precipitation is always a concern, which is why the construction workers of New Jersey need to be aware of the injury risks they face when on a work site. […]

Time To Review Your Company's Personnel Policy

November 14, 2018

As the weather gets colder and the days shorter, the end of the year can’t be too far away. Now is a good time to start reviewing your Company’s personnel policies so that your house can be in order to start the new year. Here are a few questions for your HR team to answer […]

Finding Opportunity in a Buy Sell Negotiation With a Monster Platform

November 14, 2018

Automotive Buy Sell Report November 14, 2018 By Joseph S. Aboyoun This is not the car business of former generations. So much has changed in the last 25 years. The prevalence of the single-store owner has given way to a quite different retail structure. While the smaller dealers continue to play an important role, to […]

The Uniformed Services Employment and Reemployment Rights Act

November 13, 2018

We hope you enjoyed Veterans Day yesterday but we should honor our military every day throughout the year. In that regard, we want to remind employers of their legal obligations to those in the military, including those in active or reserve military status. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) was signed into […]

David Carton to Speak at NJSBA Program on Understanding Qualified Domestic Relations Orders

November 13, 2018

David Carton, Co-Chair of Mandelbaum Barrett's Matrimonial and Family Law Practice Group, will be speaking at "Understanding Qualified Domestic Relations Orders" presented by the New Jersey State Bar Association on November 28 in West Orange and on December 14 in Mt. Laurel. Click here to learn more about this program and to register.

New Jersey's DWI Facts

November 13, 2018

By Andrew R. Bronsnick We previously discussed the need for caution and safety when it comes to alcohol, company parties and the holidays. But let’s consider New Jersey’s DWI (driving while intoxicated) statistics more broadly and how they impact you. DWI Facts Drivers with a blood alcohol concentration (BAC) of 0.08% or higher (i.e., drunk […]

Holiday Parties And Alcohol: Know The Safe Mix

November 8, 2018

By Andrew R. Bronsnick The holidays are generally a fun time for employees in workplaces across New Jersey. As previously discussed, there are several risks that employers and employees should know when preparing and throwing holiday parties. Drivers and pedestrians on the road will need to be on high alert this holiday season because statistics […]

November Special Needs Newsletter

November 7, 2018

Our November Special Needs newsletter is now available. This month you will learn about who can set up ABLE accounts, the rise of social security payments in 2019 and more. For any questions you have regarding these and other special needs issues, contact Co-Chair Richard Miller. Click here to read this month's issue.

Peter Levy Interviewed by ROI-NJ About Challenges and Opportunity with New Emerging Technologies Practice

November 7, 2018

Peter A. Levy, Chair of Mandelbaum Barrett's newest practice area, EmergingTechnologies, talks with ROI-NJ about the challenges and opportunities in this space and how the Firm manages client's needs. Click here to read the article in full.

Tax Alert: 2019 Retirement Plan Limits

November 5, 2018

Martin D. Hauptman addresses the 2019 Retirement Plan Limits in our latest Tax Alert. Click here to read more.

Mandelbaum Barrett's Fall/Winter 2018 View From the Bar Newsletter

October 30, 2018

Click here to read our latest newsletter!

Tax Law Alert: Four Companies Selected to Collect IRS Debts

October 30, 2018

Martin D. Hauptman, a Member in the Firm's Tax Law Practice Group, issued a recent Tax Alert on "Four Companies Selected to Collect IRS Debts." Click here to read more.

Holidays And Workplace Safety

October 30, 2018

By Andrew R. Bronsnick Safety should always be your number one priority while at work. The Fall and pre-holiday season is particularly dangerous. This is the time of year when companies, schools, and government offices are preparing for holiday parties. Employees like you may be asked to pitch in and help decorate and coordinate in […]

Dennis Alessi and Raj Gadhok to Present at the New York County Dental Society

October 29, 2018

Mandelbaum Barrett attorneys Dennis J. Alessi, Esq. and Raj Gadhok are teaming up with Cristina L. Amyot, MHRM, SHRM-SCP, SPHR of EnformHR, LLC to present a 3 -hour CE course to dentists at the New York County Dental Society's upcoming program on New York's new anti-harassment law. Click here to learn more or register.

Real Estate NJ Spotlight on Barry Mandelbaum and the History of The Firm

October 25, 2018

Check out Real Estate NJ’s article on our Firm’s Real Estate Practice, led by Barry Mandelbaum, which has spanned generations and touched countless lives. We are proud of our strong ties within the real estate community and value the relationships we’ve formed over the last 88 years. Click here to read the full article.

Tax Law Alert: U.S. Supreme Court Decision Increases Collection of State Tax on E-Commerce Sales

October 24, 2018

Marc J. Comer, Counsel in the Firm's Tax, Trusts & Estates Practice Groups, recently authored a Tax Law Alert on a recent U.S. Supreme Court decision which increases collection of state tax on e-commerce sales. To learn more about how this could impact your business, click here: https://conta.cc/2O3tpX1

NJ Distracted Driving Facts, Part 2: Wildlife On The Road

October 24, 2018

By Andrew R. Bronsnick We’ve discussed the dangers of distracted driving in New Jersey. And to compound that risk is the newly released information that collisions with deer and other wildlife (like elk, moose or caribou) continue to be high on a national level. The Fall, especially October through December, is a high-risk time for […]

Family Law Co-Chair Lynne Strober to Speak at November 15th Second Saturday's Divorce Workshop

October 23, 2018

Have questions about or considering a divorce? Curious about the legal, financial psychological and social issues of "untying the knot"? Join Mandelbaum Barrett Family Law Co-Chair Lynne Strober on Thursday, November 15th from 11:00 – 1:30 at the Park Avenue Club in Florham Park where she'll answer questions and present on legal issues for Second Saturday's Divorce Workshop. This wonderful group provides support, information and hope to those considering a divorce. To learn more or register, visit www.secondsaturdaysNJ.com or contact 908-766-4171.

Join us for our 6th Annual Tax, Trusts and Estates Breakfast on December 4th!

October 23, 2018

Join Mandelbaum Barrett on December 4th for our 6th Annual Tax, Trusts and Estate Planning Forum at Mayfair Farms in West Orange New Jersey!

Real Estate Group Helps Secure $17 million financing for client in purchase of Bronx NY apartment buildings

October 23, 2018

Congratulations to Robin F. Lewis and Daniel Barkin, Members in the Firm's Real Estate practice, who worked on securing financing as Counsel to Sterling National Bank which provided $17 million to Taconic Investment Partners for the purchase and financing of 2 apartment buildings in Bronx, NY. https://www.law360.com/…/109…/nyc-real-estate-week-in-review

Jeffrey Rosenthal Selected to 2018 Super Lawyers New York

October 16, 2018

Congratulations to Jeffrey Rosenthal for being selected to 2018 Super Lawyers New York.

NJ Distracted Driving Facts

October 16, 2018

By Andrew R. Bronsnick How many times have you seen a car zip by you while the driver is clearly looking down at a mobile device instead of the road? Or a driver who runs a red light while taking a big gulp of a coffee? Or a car packed with people blasting music and […]

Peter Levy Quoted in Bloomberg Law on Micro Niches for Law Firms

October 10, 2018

Peter A. Levy, Chair of the Firm's Emerging Technologies and Life Sciences Practice Groups was interviewed for an article in Bloomberg Law's Big Business Special Report about Micro Niches for Law Firms.Click here to read the full article.

NJ Paid Sick Leave Policy

October 9, 2018

Every employer in New Jersey, regardless of size, needs a written Paid Sick Leave policy in place and distributed to employees no later than October 29, 2018. Please contact us if you need assistance drafting this policy or updating your other personnel policies. Whether as stand-alone policies or those accumulated in an employee manual, the […]

Dennis Alessi Published an Article in Medical Economics on "Bringing Value-Based Compensation To Your Medical Practice"

October 9, 2018

Dennis J. Alessi, Esq., Member and Co-Chair of both the Healthcare Law and Labor and Employment Law Practice Groups, recently authored an article for Medical Economics on "Bringing value-based compensation to your medical practice." Click here to read the full article.

Steven Holt Answers NJ.com Reader's Question on Financial Responsibilities When a Spouse Dies

October 8, 2018

Steven Holt answered a reader's question on NJ.com about a recent widow's inheritence and what steps to take next. Click here to read more.

Diane B. Allen Equal Pay Act: A Compliance Nightmare

October 8, 2018

The Diane B. Allen Equal Pay Act (“the Act”) is unique from other employment anti-discrimination laws in New Jersey which creates a compliance nightmare for employers. It is important to understand the four main differences of the Act and the challenges they bring. First, the Act is not an equal pay for equal work law. […]

Bill Barrett Spoke at the New York County Dental Society's Program on Associate Dental Contracts

October 5, 2018

William Barrett, Esq., CEO and Chair of the Firm's Professional Practice Transitions Group spoke on October 4th at the New York County Dental Society's program on Associate Dental Contracts where he shared with the crowd important tips that dentists should "know before they sign."

Steven Holt Answers Reader Question on NJ.com About an Inherited IRA

October 4, 2018

Steven Holt, Chair of Mandelbaum Barrett's Trusts and Estate Practice Group, answered a reader's question on NJ.com about how much you can take from an inherited IRA. Click here to read the full article.

Shawna Brown Answers a NJ.com Readers Question on What Happens When Someone Who Owes Child Support Gets an Inheritance

October 3, 2018

What happens when someone who owes child support gets an inheritance? Shawna Brown, an Associate in the Firm's Elder Law Practice Group, answers a NJ.com reader's question on what happens when an ex-spouse has a judgment against them and receives an inheritance. Read what Shawna has to say here.

Pedestrian Accidents In New Jersey: Tips To Avoid Injury

October 2, 2018

By Andrew R. Bronsnick School is in session across the country. That means more drivers and pedestrians of all ages are on the road and on the sidewalks. With more students, parents and commuters out and about, there can be an increase of fatal pedestrian accidents in New Jersey. Pedestrian injuries can be extremely severe. […]

6th Annual Tax, Trusts & Estate Planning Forum, December 4th

September 27, 2018

Attention CPAs and CFPs: Join us on December 4th for our 6th Annual Tax, Trusts & Estate Planning Forum at Mayfair Farms. This breakfast program is not to be missed! Earn 1.5 CE credits (CPE and CFP) and hear from our panel of experts on timely developments in Estate and Federal taxation that effect your clients. RSVP by November 23rd to llynch@lawfirm.ms or by calling 973.243.7951.

Lynne Strober and David Carton Discuss Post-Complaint Earnings in a NJLJ Article

September 25, 2018

Family Law Co-Chairs Lynne Strober and David Carton discuss post-complaint earnings and the marital lifestyle's effect on alimony in a New Jersey Law Journal article. Click here to read more.

Mandelbaum Barrett's Litigation Group Receives Great Result in an Overtime Pay Dispute

September 25, 2018

The Firm's Litigation Group, led by Co-Chair Michael Saffer, recently received a great result on behalf of their client in a widely publicized overtime pay dispute. Click here to read more.

Mandelbaum Barrett's September 2018 Elder Law Alert

September 24, 2018

Check out our latest Elder Law alert that deals with a recent change to VA benefit rules by the VA. Click here to read more.

Peter Levy Interviewed By TheStreet.Com On Advancements in Technology

September 24, 2018

Peter A. Levy, Chair of the Firm's Emerging Technologies and Life Sciences Practice Groups was recently interviewed for an article on TheStreet.Com about advancements in technology where he shares valuable insight from his experiences working with emerging tech companies launching the newest technologies of the future. Click here to read the full article.

Steven Holt Publishes Article for ROI-NJ on The IRS Tax Amnesty Programs

September 20, 2018

Steven Holt, Chair of Mandelbaum Barrett's Tax, Trusts & Estates Practices recently authored an article for ROI-NJ on the IRS Tax Amnesty Programs for those with undisclosed holdings overseas and issues a warning that the IRS increasingly wants to know about your money overseas. Read what Holt cautions here.

Peter Tanella Received The Metropolitan YMCA of the Orange's Kenneth A. DeGhetto Champions Cup

September 20, 2018

Member and Chair of Mandelbaum Barrett's Corporate Law Practice Group, Peter Tanella, received the Metropolitan YMCA of the Orange's Kenneth A. DeGhetto Champions Cup for his support and fundraising efforts for the "Kids Care Club Golf Tournament" and his commitment to raising awareness of the YMCA. The award is presented annually at the Kids Care Club Golf Outing. Peter raised 12k for the event and is an active member of the Metropolitan YMCA of the Oranges Board of Directors, a member of the Board Governance Committee and a member of the Association Golf Committee. Congratulations Peter and thank you for all you do for our community!

Mandelbaum Barrett Has Reached and Exceeded Goal of $10K For Special Olympics New Jersey

September 19, 2018

We are excited to announce that we have reached, and EXCEEDED, our goal of raising $10,000 for the Special Olympics New Jersey!! With just 10 days to go until we head to Newark Airport to pull the plane, we're soaring with pride! Thank you to our attorneys, staff, clients, family and friends who helped us achieve this goal and for supporting our charitable efforts! If you'd like to donate, click here.

Peter Tanella to Speak at Bank of America Practice Solutions' "Veterinary Office Construction 101" Event

September 14, 2018

Peter Tanella, Chair of the Firm's Strategic Veterinary Counsel and Business Law Practice Groups is speaking at Bank of America Practice Solutions' "Veterinary Office Construction 101" event on October 24th in New Brunswick. This valuable seminar is for veterinarians looking to build, construct, renovate or relocate. Register by contacting dg.seminar@bac.com or calling 614.753.1603. Click here to learn more.

Lynne Strober Authored an Article for New Jersey Family Lawyer Magazine

September 12, 2018

Mandelbaum Barrett's Family Law Co-Chair Lynne Strober and Joan D'Uva, Partner at EisnerAmper LLP, recently authored an article for New Jersey Family Lawyer Magazine. The article discusses identifying and valuing Intellectual Property and intangible assets during divorce. The article begins on page 28.

Richard Miller Spoke at Brightview Senior Living

September 5, 2018

Richard Miller, Chair of Mandelbaum Barrett's Elder Law Practice Group presented on September 5, 2018, to seniors at Brightview Senior Living in Randolph about "The Myths and Misconceptions of Elder Care Planning."

New York's #MeToo Moment

September 5, 2018

In what may seem to some a matter of political expediency, and to others a long-overdue effort to eradicate workplace sexual harassment, New York Governor Andrew Cuomo and New York Mayor Bill de Blasio appear to be competing for the “#MeToo Movement Championship.” Whatever their motivations, they have signed into law sweeping legislation that affects […]

Steven Adler Authored Article For ROI-NJ Entitled "Secretly recording work chats: Not cut-and-dried"

September 4, 2018

Thinking of secretly taping someone at work? The legality of doing so may not be as cut and dry as you think. Steven Adler, Co-Chair of Mandelbaum Barrett's Employment Law Practice explains how times have changed following the #Metoo movement in regards to secretly recording work chats and cautions employers on updating their policies in their employee handbooks.

Secretly Recording Work Chats: Not Cut and Dried

August 31, 2018

Billy Joel wrote in his song “Shades of Grey” that what was “perfectly clear with the vision of youth” is not quite so clear anymore. “Black and white is how it should be, but shades of grey are the colors I see.” This holds true with regard to secretly tape recording at work, too. In […]

Recent Cases That Protect LGBTQ Rights

August 28, 2018

As a Firm that supports LGBTQ individuals, we are excited to share two case studies from Family Lawyer Magazine that help to establish precedents which protect their rights. In both of these cases same-sex couples rights were being undermined under the guise of "religious liberty."

Richard Simon Will Speak at NYIC, IFA Northeast DeBanked & AFBA 2018 Lending Conference

August 27, 2018

Richard Simon, Co-Chair of the Firm's Banking and Financial Services Practice Group will be speaking at the NYIC, IFA Northeast, DeBanked & AFBA 2018 Lending Conference on October 16, 2018.

Steven Holt Authored an Article for NJCPA on the Offshore Voluntary Disclosure Incentive Program

August 27, 2018

Steven Holt, Chair of Mandelbaum Barrett's Tax, Trusts & Estates Practices and Alan Glazner, Of Counsel to the Firm's Tax Practice, authored an article for NJCPA on the Offshore Voluntary Disclosure Incentive Program which is ending September 28th. We encourage tax professionals, accountants and other advisors who advise clients on tax matters to read this!

Michael Saffer Published an Article in ROI-NJ on Minimizing Attorneys' Fees and Costs

August 27, 2018

Michael Saffer, Co-Chair of Mandelbaum Barrett's Litigation Practice talks about minimizing litigation attorneys' fees and costs in an informative article for ROI-NJ. Check out what Michael has to say about ways companies and individuals can vigorously pursue and defend litigation while keeping costs down.

Bill Barrett Quoted In Dentists Money Digest on Importance of Understanding Employee Overtime Rules

August 21, 2018

William Barrett, CEO and Chair of Mandelbaum Barrett's Professional Practice Transitions Group was quoted in an article in Dentists Money Digest on the "Importance of Understanding Employee Overtime Rules."

Exit Strategies: Non-Traditional Buy-Sell Alternatives

August 15, 2018

Automotive Buy Sell Report August 15, 2018 By Joseph S. Aboyoun The traditional buy-sell is not the only available exit structure for your dealership investment(s). In certain instances, it may not be the most desirable or optimal approach. Certainly, alternative structures should be considered if the buy-sell does not enhance or maximize your goals. Let’s […]

Mandelbaum Barrett's Strategic Veterinary Group Releases First Issue of VETNEWS

August 14, 2018

Mandelbaum Barrett's Strategic Veterinary Counsel Group, led by Peter Tanella, Esq., is excited to share the 1st issue of its new publication VETNEWS. As always, if we can be of assistance to your practice, please don't hesitate to contact us. Peter can be reached at ptanella@lawfirm.ms

Dennis Alessi Comments on Recent Events at Jenkinson's Aquarium in the Asbury Park Press

August 14, 2018

Employment Law Co-Chair Dennis J. Alessi, Esq. comments in the Asbury Park Press today on the recent events at Jenkinson's Aquarium and cautions employers to properly train their staff before an incident, not wait until one occurs! If you have questions about employee training programs and ensuring you are in compliance with employment laws, please contact us and our Employment law team can help.

Tax, Trusts & Estates Chair Steve Holt Talks About Brand Value and Business Succession Marketing

August 13, 2018

Ever wonder the value of a strong brand in Business Succession Marketing and Planning? Check out Leon Grassi's latest DSM blog featuring a Q&A with Mandelbaum Barrett's Tax, Trusts & Estate's Chair Steven Holt. This is a must read for business owners!

Family Law Practice Update on New Decision About Children's Student Loans and Marital Separation Agreements

August 12, 2018

Our Family Law Practice Group takes great pride in keeping you informed of the latest family and matrimonial law decisions. There is a recent unpublished Appellate Division decision that we wanted to make you aware of that is causing significant discussions among family law practitioners. While unpublished decisions are not considered precedent setting, they can be provided to a Court for consideration in like cases. This particular decision involves whether or not children can be required to obtain and be responsible for student loans as part of a Matrimonial Settlement Agreement. Read on to see what the Appellate Court said in MFW v. GO.

Steven Holt Featured in a Q&A for Leon Grassi's DSM Blog on The Value of a Strong Brand in Business Succession Marketing and Planning

August 10, 2018

Ever wonder the value of a strong brand in Business Succession Marketing and Planning? Check out Leon Grassi's latest DSM blog featuring a Q&A with Mandelbaum Barrett's Tax, Trusts & Estate's Chair Steven Holt. This is a must read for business owners!

Steven Adler Authored Article for New Jersey Law Journal Entitled "The Times They Are a-Changin' for NJ Employers"

August 8, 2018

Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Law Practice Group wrote an article for the New Jersey Law Journal which looks at the state of employment laws in New Jersey since Governor Murphy took office in January. Times certainly are a-changin'!

The Times They Are a-Changin' for NJ Employers

August 8, 2018

Gather round employers, there’s a battle outside and it’s ragin’. The new employment laws will soon shake your windows and rattle your walls, for the times in New Jersey they are a-changin’. Nobel laureate Bob Dylan was writing about different times, but his song “The Times They Are a-Changin’” surely applies to the state of […]

Bill Barrett and Casey Gocel Authored an Article for DrBicuspid.com on "Independent Contractor or Employee: What's the Difference?"

August 7, 2018

Understanding the difference between an Independent Contractor and an Employee is a challenge many practice owners often grapple with. In this article from DrBicuspid.com, William Barrett, Esq. and Casey Gocel, Esq. LL.M. break it down to help avoid the serious financial ramifications of misclassification.

Family Law Co-Chair Lynne Strober Quoted in New Jersey Business article on Tools Divorce Attorneys have at their disposal

August 1, 2018

Lynne Strober, Co-Chair of the Firm's Family Law Practice Group was quoted in the August issue of New Jersey Business about new tools attorneys have to navigate divorce.

Richard Miller Answered a Star Ledger Readers Question on the Importance of Having a Will

July 30, 2018

Richard Miller, Chair of the Firm's Elder Law Practice and a Certified Elder Law attorney, recently answered a Star Ledger reader's question on the importance of having a will.

Steven Holt Answers NJ.com Question on a Deceased Parent's Unpaid Taxes

July 24, 2018

Steven Holt, Chair of Mandelbaum Barrett's Trusts and Estates Practice Group, answered a reader's question on NJ.com about unpaid taxes on a deceased parent's behalf and the statute of limitations that may apply.

Family Law Co-Chair David Carton's Advice on Prenuptial Agreements in Forbes Article

July 23, 2018

Check out David Carton's advice on #prenuptialagreements in the #Forbes article "Read This Before You Sign a Prenuptial Agreement." David is Co-Chair of the Firm's #FamilyLaw practice group and a Certified Matrimonial Law Attorney.

Mandelbaum Barrett Attorney Commitment Reaches 100% in Support of ECBA Gun Buy Back Program

July 20, 2018

At the Essex County Bar Association's Installation dinner, President Raj Gadhok, a Member of Mandelbaum Barrett, announced a joint initiative with the Essex County Prosecutors office to "get guns off the streets of Essex County" with a Gun Buy-back program! Immediately, Barry Mandelbaum, Mandelbaum Barrett's Co-Founder, pledged $5000. We are excited to share that our Firm's commitment to support the ECBA's gun buyback program has gone even further. Our Firm's attorney commitment to donating to this cause has reached 100% participation! Our attorneys are committed to protecting the communities we serve.

Essex County's Top Lawyers List 2018

July 16, 2018

We are pleased to announce that seven of our attorneys have been voted by their peers to be included in Morris/Essex Health & Life Magazine's Essex County's Top Lawyers List for 2018. Congratulations to Barry R. Mandelbaum (Real Estate), Robin F. Lewis (Real Estate), Richard Miller (Elder Law), Vincent J. Nuzzi (Criminal Defense), Michael Saffer (Commercial Litigation), Lynne Strober (Family Law), and Doug Eilender (Land Use and Environment).

Mandelbaum Barrett's Tax Law Practice Group Issued a Special Bulletin on the End of the Offshore Voluntary Disclosure Program

July 11, 2018

Mandelbaum Barrett's Tax Law Practice Group has issued a Special Bulletin on the End of the Offshore Voluntary Disclosure Program.

Cybersecurity Alert: Class Action Liability Risks for Violations of ADA and New York Human Rights Laws

July 6, 2018

Check out our latest Cybersecurity Law Alert published by Steven Teppler and Lauren X. Topelsohn on ADA Compliance for websites and the recent uptick in class action lawsuits for violations of ADA and New York Human Rights Law in light of the Federal Government's Web Content Accessibility Guidelines.

Class Action Liability Risks for Violations of ADA and New York Human Rights Laws

July 6, 2018

In January 2018, the federal government conformed its website accessibility requirements to the Web Content Accessibility Guidelines (WCAG), an international set of standards intended to make web content more accessible to users with perceptual or physical challenges. The WCAG addresses low vision, color perception, cognition, manual dexterity, screen reading technology, and other issues related to […]

Cybersecurity Alert: Brand Name Spoofing Still a Popular Phishing Tactic

June 26, 2018

Check out our latest Cybersecurity Alert about Brand Name Spoofing, a popular phishing tactic that can put you and your company at risk. The Firm's Privacy & Cybersecurity Practice led by Of Counsel Steven Teppler, who co-authored the Alert with Member Lauren X. Topelsohn, helps business owners to prevent and mitigate damages from cyber attacks.

Understanding the Bulk Sale Law

June 21, 2018

Understanding the Bulk Sale Law when buying a business in New Jersey or New York is a must. Check out our Q&A by Member Casey Gocel, Esq. LL.M. and Law Clerk Erin Barrett on this law and its impact on buying a business.

Things To Know When Filing A Slip And Fall Claim In New Jersey—The Duty Of Property Owners

June 21, 2018

By Andrew R. Bronsnick When you’ve been injured in an accident on someone else’s property in New Jersey, you may have a right to bring legal action to recover damages for your losses. The Duty Of Owners And Property Managers In New Jersey, as in other states, the owner or person exercising control over property has […]

New Jersey Sick Leave Law

June 13, 2018

New Jersey’s Sick Leave Law (the “Law”) takes effect on October 29, 2018. It establishes a uniform, state-wide law that pre-empts all municipal sick leave laws and prohibits the passage of similar, local laws.   Who is Covered? The Law applies to all NJ employees (full and part-time) and any business with NJ-based employees (regardless […]

Barrett Authors Article for Dentistry IQ

June 12, 2018

William Barrett, CEO of Mandelbaum Barrett and the Firm's Professional Practice Transitions Chair recently authored an article for Dentistry IQ on guidelines dentists should be aware of when planning background checks for new employees.

Steve Adler Interviewed by ROI-NJ on Gov. Murphy's Worker Protections

June 8, 2018

Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group, was interviewed by ROI-NJ on "Are Gov. Murphy's worker protections eliminating the need for unions?"

Family Law Co-Chair Lynne Strober Named Top 10 Family Law Attorneys in NJ by National Academy

June 5, 2018

Congratulations to Lynne Strober, Co-Chair of the Firm's Matrimonial and Family Law Practice Group for being listed by the National Academy of Family Law Attorneys as one of the "Top 10 Family Law Attorneys in New Jersey." For more information on the selection process, visit: https://lnkd.in/dYDkfPt #FamilyLawAttorney

Family Law Alert: New Jersey's New Surrogacy Law

June 1, 2018

Read about New Jersey's New Surrogacy Law signed by Gov. Phil Murphy in our latest Family Law Alert written by Practice Co-Chair Lynne Strober.

Supreme Court Curtails Employees' Right To File Class Actions

May 29, 2018

On May 21, 2018 the United States Supreme Court delivered another blow to employee rights. In Epic Systems v. Lewis, the Court issued a monumental decision protecting employers from class action lawsuits. In Epic Systems, the Court upheld the right of employers, as a condition of employment, to require employees to arbitrate claims individually on […]

It Is Time To Take Your Company's Temperature Concerning HR Compliance

May 29, 2018

How healthy is your Company? Does it comply with all of its obligations under ever-expanding employment laws? Considering all of the recent developments in New Jersey and New York employment law, now is an appropriate time to take your Company’s temperature. If your Company has an employee manual, now is the time to update it […]

Notorious R.B.G. and Gender Equality

May 26, 2018

Today we are not blogging about a recent development in employment law.  Instead, we wish to call attention to an entertaining source to help non-lawyers understand how we arrived at the current state of the law concerning gender equality. A must-see movie, regardless of your political persuasion, is the documentary R.B.G. which premiered at the […]

The Real Estate Component in Buy Sells: The Elephant in the Room?

May 23, 2018

Automotive Buy Sell Report May 23, 2018 By Joseph S. Aboyoun The role of dealership real estate in a buy-sell cannot be minimized. While the franchise is certainly the central component, in many cases, the real estate commands a significant price. In the long run, it may very well be the most important part of […]

Joel MacMull Participates in Panel at the 140th INTA Annual Meeting in Seattle

May 22, 2018

Joel MacMull, Vice Chair of the Firm's Intellectual Property & Brand Management Practice Group, participated in a panel discussion at the 140th INTA Annual Meeting, taking place in Seattle on Disparaging Marks and Mascots.

Latest Nj.com article on Things to Think About Now for 2018 Tax Returns Featuring MS Attorneys Holt, Strober and Fox

May 18, 2018

Check out the latest NJ.com article highlighting many of the changes brought on by the Tax Cuts and Jobs Act and what you need to start thinking about now for your 2018 return! Our own Steven Holt (Chair, Tax, Trusts & Estates), Lynne Strober (Co-Chair Family Law) and Lisa Fox (Member, Tax, Trusts & Estates) give expert analysis on these changes and tips to consider. It is important to plan throughout the year so you aren't blindsided in April when tax time rolls around again.

Mandelbaum Barrett's Spring 2018 View From the Bar Newsletter

May 17, 2018

Check out our latest newsletter!

Steven Adler Authored Op-Ed Piece for ROI-NJ

May 16, 2018

Steven Adler Member and Co-Chair of the Firm's Labor and Employment Practice Group authored an op-ed piece for ROI-NJ entitled "The times they are a-changin' for N.J. employers." If you're an employer, this is a must read!

NYC's Earned Safe and Sick Time Act Takes Effect

May 16, 2018

On May 5, 2018, NYC’s Earned Safe and Sick Time Act (the “ESSTA”) went into effect. It amends NYC’s Earned Sick Time Act by (a) permitting an employee to use accrued “sick leave” for “safe leave” and (b) expanding the definition of “family member.”  Employers are required to provide notice to employees by June 4, 2018.  […]

CEO Bill Barrett talks with Howard Farran on Dentistry Uncensored Podcast about Professional Practice Transitions

May 14, 2018

Check out Mandelbaum Barrett CEO and Professional Practice Transitions Group Chair William Barrett, Esq. on the Dentaltown Podcast where he and host Howard Farran, DDS, MBA talk about practice transitions and what dentists need to know to time it right and what legal considerations they should be thinking about.

CEO Bill Barrett is interviewed on American Express' Open Forum on "Winning the Endgame: How to Create an Exit Strategy"

May 14, 2018

Bill Barrett was interviewed recently for the American Express Open Forum on "Winning the Endgame: How to Create an Exit Strategy." Check out what Bill and other experts have to say about the importance of having an exit strategy BEFORE you need one!

Team Mandelbaum Will Pull Plane at Special Olympics New Jersey Annual Plane Pull Event

May 14, 2018

*Attention Clients, Family & Friends* On September 29th Team Mandelbaum will head to Newark International Airport with one goal in sight: Pull a full-size airplane to raise money and awareness for the Special Olympics New Jersey! Help us reach our goal of $10,000 and show your support for this amazing cause! Click here to view […]

Distracted Driving—A National Epidemic?

May 14, 2018

By Andrew R. Bronsnick Safety Officials Point To Distractions As Major Cause Of Motor Vehicle Accidents It’s all just part and parcel to our ever-increasingly busy lives. We try to cram as much as we can into every minute. We’ve sold ourselves on the idea that we can effectively multi-task—we listen to books on tape […]

New York's Six New Sexual Harassment Prevention Laws

May 9, 2018

On April 12, 2018, Governor Cuomo signed New York's latest budget that includes six laws reflecting the concerns of the Metoo# movement that employers need to know

Steven Adler Quoted in NJBiz on Potential Cost of Salary Inequity

May 7, 2018

Labor and Employment Law Practice Group Co-Chair, Steven Adler, was quoted in NJBiz about the potential cost of salary inequity.

Executive Order to Review Worker Misclassification in NJ

May 7, 2018

On May 3rd Governor Phil Murphy continued his efforts to protect workers in New Jersey by signing an Executive Order establishing a Task Force on Employee Misclassification. The Executive Order estimates…

Laurie Woog Was Recently Quoted in New Jersey Business Magazine on the Impact of Immigration Laws on New Jersey Employers

May 4, 2018

Laurie Woog, Of Counsel to the Firm and Chair of its Immigration Law Practice Group, was recently quoted in a New Jersey Business Magazine article on how immigration laws are impacting New Jersey employers.

Immigration Law Update: H-1b and DACA News

May 3, 2018

H-1b Cap reached: As H-1b watchers know, USCIS started accepting H-1b filings for the new fiscal year on April 2, 2018 and the cap, or quota, was reached quickly.

Employment Law Alert: Governor Murphy Signs "Pro Employee" Law

May 2, 2018

On May 2, 2018 Gov. Phil Murphy signed another "pro-employee" law, the New Jersey Earned Sick and Safe Days Act (the "ESSDA"). The law comes on the heels of the Diane B. Allen Equal Pay Act (the "AEPA") signed on April 24, 2018.

Steven Holt Has Been Appointed to the Board of the Estate Planning Council of Northern NJ

April 30, 2018

Steven Holt Chair of the Firm's Tax, Trusts & Estates Practice Group has been appointed to the board of the Estate Planning Council of Northern, NJ. Congratulations Steven on this honor! For more about the ECPCNNJ visit www.epcnnj.org.

Steve Adler Quoted in Asbury's Park Press on NJ Equal Pay Act

April 25, 2018

Steven Adler, Member and Co-Chair of the Firm's Employment Law Practice Group was quoted in Asbury Park Press in an article about the NJ Equal Pay Act. See what Steve has to say here: https://www.app.com/…/nj-equal-pay-act-phil-murp…/545325002/

Casey Gocel Provides Advice for New Startups in Blerp.com

April 25, 2018

Casey Gocel provided advice for new startups in a blerrp.com blog post earlier this year. Blerrp is an online forum to help entrepreneurs and provide a platform for questions to be asked and answered. See what Casey has to say here: https://www.blerrp.com/blog/10-legal-experts-provide-their-best-advice-for-new-startups/

Steve Adler Quoted in ROI-NJ on Equal Pay Law

April 24, 2018

Steven Adler, Member and Co-Chair of the Firm's Labor & Employment Law Practice Group is quoted in today's ROI-NJ article about Governor Murphy signing the Equal Pay Law which seeks to close the wage gap.

Bill Barrett Was Recently Interviewed by New Jersey Law Journal For Their "Leadership Profile" Series

April 23, 2018

Mandelbaum CEO William Barrett, Esq. was interviewed by the New Jersey Law Journal for their Firm Leaders profile series in April 2018

Governor Phil Murphy's first act as governor was to sign an executive order promoting equal pay for equal work by prohibiting state agencies from asking job applicants about their salary history

April 23, 2018

The Governor is now about to sign legislation amending the New Jersey Law Against Discrimination ("NJLAD") that will ban employers from paying women and other employees in a protected categor…

Confidential Sexual Harassment Settlements No Longer Tax Deductible

April 22, 2018

The recently enacted Tax Cuts and Jobs Act (the "Act") has had a tremendous impact on the settlement of sexual harassment cases. Section 13307 of the Act…

Mohamed Nabulsi Issues Health Law Alert on New Jersey's Out of Network Law

April 18, 2018

Mohamed Nabulsi has issued a "Health Law Alert" for clients about New Jersey's Out of Network Law.

What Is Your Personal Injury Claim Worth?

April 4, 2018

By Andrew R. Bronsnick When you’ve been injured because of someone else’s carelessness, it can affect every area of your life, and have financial consequences every time you turn around. You may be unable to work and earn any wages. You may have medical bills that aren’t being covered or reimbursed. You may need to […]

Joseph Peters Named to New Jersey's Best Lawyers for Families for 2018

April 3, 2018

Joseph J. Peters, a Member of the Firm and Co-Chair of its Personal Injury Practice Group, was nominated as one of New Jersey's Best Lawyers for Families for 2018 by New Jersey Family.

Dennis Alessi Interviewed on NJ 101.5 Employment Law Segment on "Working From Home"

March 22, 2018

Dennis J. Alessi, Member and Co-Chair of the Firm's Labor & Employment Law Practice Group was interviewed on Nj 101.5 for a segment on issues arising when employees "work from home"

Steven Adler Authors Star Ledger Piece on Nondisclosure Agreements in Light of Latest Stormy Daniels News

March 21, 2018

Mandelbaum Barrett's Labor and Employment Law Co-Chair Steven Adler explains #nondisclosureagreements in this op-ed piece for NJ.com and the Star Ledger. #StormyDaniels #Employmentlaw

Stormy Daniels' gag order explained. Is it fair?

March 21, 2018

The Me Too and Time’s Up movements rekindled the nation’s collective awareness concerning sexual harassment and abuse which had all but disappeared since the Clarence Thomas Supreme Court confirmation hearings in 1991. What contributed to this lack of discourse concerning the prevalence of sexual harassment in our society over the past 25 years? The use […]

Blue Sky: Much More Than a Numbers Game

March 14, 2018

Automotive Buy Sell Report March 14, 2018 By Joseph S. Aboyoun A Subaru dealership purchased five years ago for three times earnings was obviously a phenomenal investment for the Buyer and a poor decision on the part of the Seller. Conversely, the purchase of a Hyundai store at that time for the same multiple was […]

Who Can File A Wrongful Death Claim In New Jersey?

March 14, 2018

By Andrew R. Bronsnick In New Jersey, when your loved one has died because of the carelessness or negligence of another person, whether it’s the result of a slip and fall, a car crash or a construction site accident, you have the right to file legal action to hold the wrongful party liable for his […]

The Use Of Expert Testimony In A Truck Accident Claim

March 7, 2018

By Andrew R. Bronsnick When you’ve been hurt in a motor vehicle accident involving a commercial truck, the injuries suffered can often be serious and catastrophic. In addition, there can be a wide range of factors contributing to the cause of the accident. To present a clear and persuasive argument to a judge and jury, […]

Recent Labor and Employment Law Wins

March 5, 2018

The Firm's Labor and Employment Law Department has been active in 2018 with two major wins in the first quarter of the New Year.

2017 Mandelbaum Barrett Year in Review

February 13, 2018

We are pleased to share our 2017 Year in Review which highlights some of the Firm's notable successes during the last year. We are thankful to our clients who have allowed us to continue doing what we love. We continue to expand our practice areas and bench to reflect our clients needs.

Decision Making in Divorce Cases Involving Children With Special Needs

February 12, 2018

February 12, 2018 By Lynne Strober Making decisions with regard to educational and medical issues involving a special needs child can be challenging for parents under ordinary circumstances, but is further complicated when parents who are divorced or in the midst of a divorce action are unable to agree on such important issues. Most judgments […]

Why You Need An Experienced Truck Accident Attorney

February 8, 2018

By Andrew R. Bronsnick If you’ve been hurt in a crash involving a commercial truck, you may believe that it’s just like any other motor vehicle accident and that a skilled car accident lawyer can handle your case. But truck accident claims are very different. You need an attorney who understands the many different potential causes […]

Five Considerations in Choosing a Special Needs Trustee

February 1, 2018

February 1, 2018 By Richard I. Miller Choosing the right person to serve as trustee of a special needs trust is one of the most important and difficult issues in creating the trust. A trustee typically manages the day-to-day operations of the trust, often making distributions to the trust’s beneficiary, investing the trust’s assets, and […]

Mandelbaum Barrett Opens Office in Denver Colorado

January 25, 2018

We are proud to announce the opening of our newest location! We are excited and look forward to expanding our legal service offerings to the Colorado community.

Join Us for our 2018's Hot Topics: Employment Law Issues for the New Year on March 16, 2018

January 24, 2018

Trying to keep up with this year's hot button issues in the news from sexual harassment to disparate pay can be dizzying! Our panel of attorneys will explain what you must know to protect yourself and your business in today's climate.

Tax law Alert: Does Your Will Still Work? How the New Tax Law Can Impact Your Estate Plan

January 23, 2018

The Tax Law Department of Mandelbaum Barrett has just issued an important Tax Law Alert for clients on how the new tax law can impact their estate plans! Read more here to learn if your will still works!

Dennis Alessi Quoted in January 2018 Healthcare Risk Management Magazine on "Communication-and-Resolution Programs"

January 16, 2018

Dennis J. Alessi, Esq., Member and Co-Chair of the Firm's Healthcare Law and Employment & Labor Practice Groups, was quoted in the January issue of Healthcare Risk Management Magazine. The article discusses Communication-and-Resolution Programs for hospitals and health systems and improvements that can be made.

January 2018 Health Law Alert: New Law Requiring Licensure of a Surgical Practice as an Ambulatory Care Facility

January 16, 2018

Read our latest Health Law Alert on the New Law Requiring Licensure of a Surgical Practice as an Ambulatory Care Facility.

Making Your Way Through A Personal Injury Lawsuit, Part Three

January 9, 2018

By Andrew R. Bronsnick The court has ruled on the admissibility of key issues of evidence and has resolved any motions to dismiss or pare down the lawsuit. You’re still not ready for trial. Here’s what happens next. Jury Selection You can’t make opening arguments until you seat a jury. The jury selection process, known […]

Disabled Students' Rights under Anti-Bullying Laws

January 8, 2018

January 8, 2018 By Arla D. Cahill A 2009 study by the U.S. Departments of Justice and Education, “Indicators of School Crime and Safety,” reported that 32% of students aged 12 through 18 were bullied in the previous school year. The study reported that 25% of the responding public schools indicated that bullying was a […]

Properly Craft Non-Compete Provisions in a Buy Sell Contract To Avoid Nightmares

January 3, 2018

Automotive Buy Sell Report January 3, 2018 By Joseph S. Aboyoun You have acquired your dream dealership. The transaction was cordial and uneventful. The Seller was a pleasant gentleman purportedly on his way to retirement. By all accounts, it was a good deal for both sides. Unfortunately, a few months after closing you learn that […]

Steve Holt Answers NJ.Com Readers on the Taxability of 529 Accounts

December 28, 2017

Steven Holt, Chair of the Firm's Tax and Trusts and Estates Practice Group's was asked by an NJ.com reader about 529 accounts and what is taxable.

Steven Holt Answers NJ.Com Biz Brain Readers Question on Gift Taxes on a Deeded Home

December 20, 2017

Steven Holt, Chair of the Firm's Tax and Trusts & Estates Practice Groups recently answered a NJ.com BizBrain reader's question on gift taxes on a deeded home. Check out Steve's answer here.

Steven Adler Interviewed by WBGO on "How to Protect Against Sexual Harassment in the Workplace"

December 18, 2017

Steven Adler, Co-Chair of the Firm's Labor & Employment Law Practice was interviewed last week on WBGO on "How to Protect Against Sexual Harassment in the Workplace."

Lauren X. Topelsohn Authors Article for CNBC on Holiday Party Dos and Don'ts

December 12, 2017

Lauren X. Topelsohn has authored an article for CNBC on the Do's and Dont's for Holiday Parties this season to avoid sexual harassment law suits.

Making Your Way Through A Personal Injury Lawsuit, Part Two

December 12, 2017

By Andrew R. Bronsnick You’ve filed the complaint, it’s been answered, and you’ve gathered and evaluated all the evidence. It’s time to go to trial, right? Not yet…there’s still much to be done before your attorney can make an opening statement. It’s important to understand that conducting a full-blown trial can be expensive and time-consuming. […]

The Use of Social Media in Family Law Cases

December 11, 2017

Family Lawyer Magazine  https://familylawyermagazine.com/articles/social-media-and-family-law-cases/ The legal profession is utilizing social media to gather information about clients, potential clients, opposing parties, witnesses, jurors, and even judges. Increasingly, social media information has also become valuable in family law cases. It can be used as a basis to assert claims of cohabitation, challenge custody, address alimony, etc. Often, […]

Steven Adler Authors Article for ROI-NJ on "Sexual Harassment and How Employers Can Protect Themselves

December 6, 2017

Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group authored an article for ROI-NJ on Sexual Harassment and how employers can protect themselves. In the wake of news of Matt Lauer, Steve advises on the types of sexual harassment and ways employers can take actions to prevent it from occurring in their office.

Steven Adler Quoted in The Economist Executive Education Navigator on Workplace Sexual Harassment and the Culture of Silence

December 6, 2017

Steven Adler was also recently quoted in an article appearing in The Economist Executive Education Navigator on "Workplace Sexual Harassment and the Culture of Silence." To read what Steve has to say about the use of confidentiality and non-disparagement clauses and his warning to companies click

Special Needs News — Winter 2017/2018 Issue

November 30, 2017

The Firm's Special Needs Practice Group has published its Winter 2017/2018 issue! Learn about Disabled Students' Rights under Anti-Bullying Laws, What is a Special Needs Trust, Considerations in Choosing a Special Needs Trust and more.

Family Law Practice Group Publishes its Winter 2017/18 Family Law Spotlight

November 29, 2017

Read the latest issue of the Family Law Spotlight, the Matrimonial and Family Law Practice Group's quarterly newsletter!

Lynne Strober Answers NJ.Com Biz Brain Reader's Question on Protecting Inheritance Before Marriage

November 17, 2017

Lynne Strober, Chair of the Firm's Matrimonial and Family Law Practice Group, recently answered a nj.com Biz Brain reader's question on "Protecting an inheritance before marriage."

Making Your Way Through A Personal Injury Lawsuit, Part One

November 17, 2017

By Andrew R. Bronsnick When you are involved in a legal dispute, and you’ve been unable to resolve matters without filing legal action, you want matters to be addressed as quickly as possible. Unfortunately, the legal process in the United States is just that…it’s a process. There are a number of steps you must complete […]

Steven Adler & Lauren Topelsohn Author Article on Confidentiality and Non Disclosure Agreements for New Jersey Law Journal

November 13, 2017

Co-Chair of the Firm's Labor & Employment Law Practice Group Steven Adler and Member Lauren X. Topelsohn authored an article for the New Jersey Law Journal on "Confidentiality and Nondisclosure Provisions in Employment Settlement Agreements Now Coming Under Fire."

Mandelbaum Barrett Receives High Rankings in Best Law Firms by U.S. News and World Report for 9th Year in a Row

November 8, 2017

Mandelbaum Barrett has once again received high rankings in the 2018 edition of U.S. News – Best Lawyers® "Best Law Firms." The firm received "Metropolitan Tier 1" rankings in Real Estate Law and Securitization and Structured Finance Law; "Metropolitan Tier 2" Rankings in Litigation – Banking & Finance; and "Metropolitan Tier 3" rankings in Commercial Litigation, Banking & Finance Law, Commercial Litigation, Corporate Law, Environmental Law and Litigation – Real Estate.

Steven Adler Speaks on Law Firm Harassment on Rocket Matter's Two-Part Podcast

November 6, 2017

Steven Adler, Co-Chair of the Firm's Labor & Employment Law Practice Group was recently interviewed as part of a Rocketmatter.com podcast on sexual harassment in law firms.

Join Us for Our 5th Annual Tax, Trusts and Estate Planning Forum on December 5, 2017

November 3, 2017

Join Us for Our 5th Annual Tax, Trusts and Estate Planning Forum on Tuesday, December 5th from 8:00 a.m. – 10:00 a.m. at Mayfair Farms in West Orange, NJ! Earn up to 1.5 CE credits and hear from our panel of experts regarding guardianships, special needs trusts, irrevocable trusts, latest tax law changes and more! To RSVP, email llynch@lawfirm.ms or call 973.243.7951. Seating is limited so RSVP today!

Jeffrey Rosenthal to Present at CFA's Annual "Advanced Legal Issues Workshop" Dec 5-7

November 2, 2017

Jeffrey M Rosenthal, a Member in the Firm and Co-Chair of its Banking and Financial Services and Bankruptcy and Creditors' Rights Practice Groups will be speaking at the CFA's "Advanced Legal Issues Workshop" on December 5-7 in New York City. This course is eligible for 19 CPE credits.

Mandelbaum Barrett's Fall 2017 View From the Bar Newsletter

November 1, 2017

Check out our latest newsletter!

The Role of a Dealership Broker or Advisor in a Buy Sell

November 1, 2017

Automotive Buy Sell Report November 1, 2017 By Joseph S. Aboyoun One of the threshold questions when pondering the sale of your store is whether to include a broker or advisor in the process. Of course, this factor adds to the transactional costs of your deal. Does the broker/advisor bring sufficient value to off-set such […]

Dennis Alessi Authors Medical Economics Article on "How to Express Sympathy Without Receiving a Malpractice Law Suit"

October 31, 2017

Dennis J. Alessi, Esq., Member and Co-Chair of both the Healthcare Law and Employment Law Practice Groups at Mandelbaum Barrett, recently authored an article for Medical Economics on "How to Express Sympathy Without Receiving a Malpractice Law Suit," a topic that has recently received notable press.

Steven Adler Authors Article for NJBiz on "The Use of Confidentiality and Non-Disclosure Provisions in Employment Contracts"

October 25, 2017

Steven I. Adler, Co-Chair of the Firm's Labor and Employment Law Practice Group published an article in the October 25, 2017 NJBiz regarding the Use of Confidentiality and Non-Disclosure Provisions in Employment Contracts. This article discusses a topic which has a renewed interest in light of the adverse publicity surrounding the likes of Harvey Weinstein, Bill O'Reilly and Roger Ailes.

Healthcare Practice Co-Chair Mohamed Nabulsi Named a New Jersey Law Journal "Diverse Attorney of the Year"

October 18, 2017

Congratulations to Mohamed Nabulsi, Member and Co-Chair of the Firm's Healthcare Law Practice Group, who was recognized by the New Jersey Law Journal as one of its "Diverse Attorneys of the Year." This award recognizes excellence among diverse attorneys in New Jersey.

David Carton Answers Nj.Com Biz Brain Readers Questions on Dealing with Credit Issues During Divorce

October 16, 2017

David Carton, a Member in the Firm's Matrimonial & Family Law Practice Group and a Certified Matrimonial Law Attorney, was recently asked to answer a question posed by a nj.com Biz Brain reader on what to consider for your credit before you file for divorce. You can read David's answer here:

Peter Levy Interviewed on Bloomberg Radio about Tips for Entrepreneurs

October 12, 2017

Peter A. Levy, Chair of the Firm's Intellectual Property Department was recently interviewed on Bloomberg Radio about Top Tips for Entrepreneurs! You can download and listen to the clip here: https://lnkd.in/eN-F_h6

Richard Miller answers NJ.COM Biz Brain Reader's Question on New Jersey Inheritance Tax and the new Governor

October 11, 2017

Richard Miller, the Firm's Elder Law Practice Group Chair and Co-Chair of its Special Needs Practice Group, was recently asked by nj.com to answer a reader's question on New Jersey's Inheritance Tax and his thoughts on what the new Governor will do. Read Richard's response here:
https://lnkd.in/epeAwEi

Personal Injury And Negligence 101 – Actual Loss

October 9, 2017

By Andrew R. Bronsnick In this blog, the last in our series, we’ll look at what we mean by “actual loss” in a personal injury claim based on negligence. In earlier blogs, we addressed the standard of care, as well as the requirement that a causal link be established. Actual Loss The purpose of a personal […]

Michael Saffer Appointed to Board of Trustees of the Kessler Foundation

October 2, 2017

Michael Saffer, Co-Chair of the Firm's Litigation Department, has been appointed to the Board of Trustees for the Kessler Foundation, one of the largest non-for-profit research centers in the country.

Michael Saffer Authors NJBiz Triple play on "3 Things to Consider When Deciding Whether to Litigate"

October 1, 2017

Michael Saffer, Member and Co-Chair of the Firm's Commercial and Corporate Litigation Practice Group was featured in an NJBiz Tripe Play yesterday on "3 Things to Consider When Deciding Whether to Litigate." Check out what Michael has to say on this important issue.

Jeffrey Rosenthal Interviewed in Clear Viewpoints Industry Insight Publication

September 29, 2017

Jeffrey M Rosenthal was recently interviewed by Stu Kessler of the Clear Thinking Group for the Clear Viewpoints section of their industry insights publication where he discussed both personal and professional aspects of his career and offered tips for those facing bankruptcy in today's legal landscape. Check out the full interview here: https://lnkd.in/gBBPRPi

Family Law Alert: Standard of Analysis for Relocation

September 26, 2017

The Matrimonial and Family Law Department has just issued a Family Law Alert regarding the "Standard of Analysis for Relocation" following a recent decision by the Supreme Court. Learn more about this important change here and how it could impact your case.

Team Mandelbaum Raises Nearly $2,000 to "Break the Silence on Ovarian Cancer" at Weekend 5K

September 25, 2017

Members of Team Mandelbaum and their families walked on Sunday, September 24, 2017 in the Mayor's 5K to end the silence on ovarian cancer in West Orange, NJ! Team Mandelbaum raised almost $2,000 for this worthy cause!

Mandelbaum Barrett to Host NJCFA "Yo-Pro Financial Planning Seminar"

September 25, 2017

Mandelbaum Barrett is pleased to host the NJCFA's "Yo-Pro Financial Planning Seminar: A Real Life Road Map for Your Future" on October 12th!

Peter Levy Featured in a Patch.Com Story on Ten Tips to Launching a Successful Business

September 22, 2017

Check out what Peter A. Levy, Chair of the Firm's Intellectual Property Practice Group has to say about launching a successful business in this weekend's Patch!

Richard Miller to Speak at NJICLE Program on "Handling Contested Guardianships"

September 22, 2017

On Thursday October 5th Richard Miller, Chair of the Firm's Elder Law Practice Group and Co-Chair of its Special Needs Practice Group will be presenting as part of a panel on "Handling Contested Guardianships"at the New Jersey Law Center. This NJICLE course will cover what to do when the matter unavoidably ends up in a courtroom. Attorneys can learn tools to effectively represent their clients and learn about the latest cases dealing with guardianships and what the holdings mean to you!

Personal Injury And Negligence 101 – Causation

September 20, 2017

By Andrew R. Bronsnick In this series, we’re looking at what you must prove to succeed with a personal injury claim based on negligence. In an earlier blog, we looked at the duty of care. In a subsequent blog, we’ll examine the concept of “actual loss.” This blog looks at the requirement that there be a causal […]

Laurie Woog Interviewed on Issues and Ideas Radio Show about Current State of DACA

September 18, 2017

Laurie Woog, Chair of the Firm's Immigration Law Practice, spoke with Chris DeBello on his "Issues and Ideas" radio show this week about the current state of DACA and who it is impacting the 22,000 in New Jersey who are in it. Hear what Laurie had to say by clicking on Read More.

September 2017 Immigration Law Update

September 12, 2017

Mandelbaum Barrett's Immigration Law Department has shared its July 2017 Immigration Law Update covering topics such as DACA and new restrictions on employment-based Green Card applicants. Check out this month's issue here.

Dennis Alessi Interviewed in New Jersey Business September 2017 Issue on "Handling Business Closings and Layoffs"

September 12, 2017

Dennis J. Alessi, Esq., Member and Co-Chair of the Firm's Employment Law and Healthcare Law Practice Groups was recently interviewed by New Jersey Monthly Magazine for their September 2017 issue on "Handling Business Closings and Layoffs." Read what Dennis had to say on the topic here: https://lnkd.in/gnDE4Gf

Turning a Dealership Sale Under Pressure Into an Opportunity

September 6, 2017

Automotive Buy Sell Report September 6, 2017 By Joseph S. Aboyoun Unfortunate circumstances may arise that force an untimely buy-sell transaction. Here are some typical examples: A pending or threatened termination of your franchise. Serious financial difficulties where your lender threatens to withhold financing or, worse, significant legal action. A shareholder dispute – e.g. a […]

Duus Authors Legal Q&A for Globestreet.com on Using Environmental Insurance to Close Real Estate Deals

August 24, 2017

Gordon Duus, Member and Chair of the Firm's Environmental Law Practice Group, recently published a Legal Q&A Two-Part series on GlobeStreet.com entitled "Using Environmental Insurance To Close Real Estate Transactions."

Laurie Woog Authors Article for The Matrimonial Strategist on Divorce and the Undocumented Spouse

August 24, 2017

Laurie Woog, Of Counsel to the Firm and Chair of its Immigration Law Department recently authored an article for The Matrimonial Strategist on "Divorce and the Undocumented Spouse.

Seven Mandelbaum Barrett Attorneys Recognized By Their Peers In Best Lawyers in America© 2018

August 15, 2017

We are proud to announce that 7 of our attorneys were selected to The Best Lawyers in America© 2018 edition*. Inclusion on this list of the top practitioners in various areas of practice across the United States is an honor as it is bestowed by fellow attorneys. Best Lawyers* is regarded as one of the most respected peer-review publications in the legal profession.

Personal Injury And Negligence 101 – The Standard Of Care

August 14, 2017

By Andrew R. Bronsnick When you have been hurt because of the wrongful actions of another person, you have a right to seek compensation for all your losses, from physical injury to property damage. Though you can always file a lawsuit to recover monetarily for the intentional or reckless acts of another person, most personal […]

Steven Holt Answers Nj.com Biz Brain Question on Property Tax and Mortgage Deductions

August 10, 2017

Steve Holt, Chair of the Firm's Tax and Trusts & Estates Practice Groups recently responded to a NJ.Com Biz Brain readers question on property tax and mortgage deductions! Read what Steve had to say.

William Barrett to Speak at Fortune Management's Fortune 50 Advanced Training for the Dental CEO Event in California

August 8, 2017

Co-CEO and Chair of the Firm's Professional Practice Transitions and Business Law Departments, William Barrett, will speak at Fortune Management's Fortune 50 Advanced Training for the Dental CEO event in San Jose, California September 28-29! Attendees will learn about leadership development, acquisitions, business plan development, key strategy development and more.

Health Law Alert – Suspect In-Office Laboratory Arrangements

August 3, 2017

Mohamed Nabulsi Co-Chair of the Firm's Health Law Department, has just published a Health Law Alert regarding suspect in-office laboratory arrangements.

Dennis Alessi to Present "Ethics & Recordkeeping" CEU Program August 18, 2017

August 1, 2017

It's not too late to register for the Institute for Continuing Education and Dental Studies Institute's "Ethics & Recordkeeping" course presented by Mandelbaum Barrett Member and Healthcare Department Co-Chair Dennis J. Alessi, Esq.! New Jersey chiropractors, athletic trainers, massage therapists, dentists and other dental professionals will receive 2CEUs for attendance! You can register by phone at 973-808-1666 or www.ICEclasses.com

Constant Vigilance of Both Parties' Obligations Can Ensure a Timely Dealership Closing

July 19, 2017

Automotive Buy Sell Report July 19, 2017 By Joseph S. Aboyoun As an experienced physician knows all too well, a successful operation is only the beginning of a patient’s recovery. The delicate post-op process is critical to that success. The same concept applies in dealership acquisitions. The successful conclusion of negotiations and the execution of […]

Casey Gocel Named to NJ Biz Forty Under 40

July 18, 2017

We are proud to announce that our Member Casey Gocel, Esq. LL.M. has been named by NJ Biz as a Winner of their Forty Under Forty Award! We could not be more proud of Casey's accomplishments both professionally and within the community! According to NJ Biz, "These up-and-coming stars of the New Jersey business community have achieved professional excellence at a young age, representing the future of their industries and the state as a whole." Congratulations Casey and all of this year's winners!

The Damages Available In A New Jersey Wrongful Death Action

July 17, 2017

By Andrew R. Bronsnick Your loved one has died because of the carelessness or negligence of another person and the emotional upheaval is almost unbearable. But you’re also facing financial challenges…the costs of a funeral and burial services, the loss of the income or wages the deceased provided, and even bills for unreimbursed medical expenses […]

Steven Holt Answers nj.com Biz Brain Question on How the Federal Estate Tax is Calculated

July 13, 2017

Steven Holt, Chair of Mandelbaum Barrett's Tax and Trusts and Estates departments, answered a nj.com readers "Biz Brain" question on how the federal estate tax is calculated.

Mandelbaum Barrett's Charlie Lorber Discusses New Plans to Be Filed for the Lorraine Project in Montclair, NJ

July 7, 2017

Charlie Lorber, a Senior Counsel in the Firm's Real Estate Department was recently interviewed by Northjersey.com on a mixed-use project on Lorraine Avenue in Montclair, NJ.

July 2017 Immigration Law Update

July 5, 2017

Mandelbaum Barrett's Immigration Law Department has shared its July 2017 Immigration Law Update covering topics such as DACA Benefits, Cuts to the H-2B Visa Program and the Supreme Court's recent decision on travel. Check out this month's issue here: http://conta.cc/2uJLNLe

June 2017 Environmental Law Bulletin

June 28, 2017

The Firm's Environmental Law Group has just issued an Environmental Law Bulletin which discusses easements that allow for publicly funded beach protection projects, which can include public access and use. Written by Member Doug Eilender this timely piece shed's light on the NJDEP’s right to use privately owned properties under a perpetual easement for post-Superstorm Sandy beach restoration projects.

Laurie Woog Quoted on Northjersey.com Regarding Revised Travel Ban

June 27, 2017

Laurie Woog, Chair of Mandelbaum Barrett's Immigration Law practice was quoted in a northjersey.com article on the Revised Travel Ban. Check out what Laurie had to say here:
http://www.northjersey.com/story/news/nation/2017/06/26/wholl-banned-under-revised-travel-ban-thats-not-so-clear/428757001/

Richard Miller answers NJ.Com "Biz Brain" question on Lowering an Estates Value Before Death

June 23, 2017

Richard Miller, Chair of the Firm's Elder Law Department, was featured in today's Nj.com "Biz Brain" section answering a readers question on lowering an estate's value before death. To read the full question and Richard's answer, click here.

Steven Holt authors article for New Jersey Business Magazine on Irrevocable Trusts

June 22, 2017

Steven Holt, Chair of Mandelbaum Barrett's Tax Law Department, was recently featured in the May 2017 New Jersey Business Magazine with an article on Irrevocable Trusts.

Richard Miller Answers NJ.com "Biz Brain" Question on the Inheritance Tax in New Jersey

June 21, 2017

Richard Miller, Chair of the Firm's Elder Law Department, is featured in the June 21, 2017 nj.com "Biz Brain" section where he answers a readers question on the inheritance tax.

The Time Period For Filing A Personal Injury Lawsuit In New Jersey

June 4, 2017

By Andrew R. Bronsnick When the wrongful act of another person causes you any type of personal injury, you have the right to bring legal action to compensate your for any losses. Under New Jersey law, however, you must file your personal injury claim within a specific period of time or you risk losing your […]

Determining If Your Accident Was Work-Related—Part Two

May 4, 2017

By Andrew R. Bronsnick There are two requirements to qualify for workers’ compensation benefits in the state of New Jersey—you must have been hurt and the injury must have been “work-related.” Some injuries suffered during a work break may not be compensable, and some injuries sustained while traveling may be excluded. There are other circumstances where […]

Family Law Decision Alert: Domestic Violence, Siblings and Covert Surveillance

May 3, 2017

The Firm's Matrimonial and Family Law Department has issued a Family Law Decision Alert following a recent case decision in a domestic violence case between siblings. To view this alert, please visit: https://lnkd.in/daPh6is

Spring 2017 Family Law Spotlight

May 2, 2017

We are pleased to share the first issue of our new publication "Family Law Spotlight," published by our Matrimonial and Family Law Department. To view this month's issue, visit https://lnkd.in/gvVdrFd

Healthcare Practice Co-Chair Nabulsi Talks with Bert Baron on WCTC AM about AHCA Bill

May 1, 2017

Mohamed Nabulsi, Co-Chair of the Firm's Healthcare Practice, was a guest on Bert Baron's radio show "Jersey Central" this morning on WCTC AM discussing the revised AHCA bill. To listen to the full interview, visit: https://lnkd.in/dn2_R6s

The Buy Sell Deals You May Want To Avoid

April 26, 2017

Automotive Buy Sell Report April 26, 2017 By Joseph S. Aboyoun Contrary to the classic Yogism, when you come to a fork in the road, rather than taking the road less travelled sometimes it is better to turn around and head back home. This advice applies to dealership acquisitions that you might consider along the […]

New Child Support Termination Law's Impact on the Special Needs Child/Adult

April 19, 2017

April 19, 2017 By Lynne Strober New Jersey’s new child support termination statute took effect on February 1, 2017 and applies to all child support orders issued prior to or after its effective date, and will impact divorced parents of disabled dependents. It establishes 19 as the age when all court-ordered obligations to pay or […]

Determining If Your Injury Was Work-Related – Part One

April 11, 2017

By Andrew R. Bronsnick To qualify for workers’ compensation benefits in New Jersey, you must demonstrate two things—that you were injured and that the injury occurred while you were “at work.” Often, there’s no real question that the injury was work-related—you suffer an injury in a workplace accident or you contract an illness caused by exposure […]

Court Decides What Level of Educational Benefit Schools Must Deliver to Educationally Disabled Students

April 6, 2017

April 6, 2017 By Arla D. Cahill and Brian M. Block On March 22, 2017, the U.S. Supreme Court issued its highly anticipated decision in Endrew F. v. Douglas County School District. The case posed the following question: what is the level of educational benefit that school districts must confer on children with disabilities to […]

Mandelbaum Barrett Plays Matchmaker in Large Mixed-Use Redevelopment Project

April 6, 2017

A recent matchmaking of 2 of our clients by our Real Estate Practice Group resulted in a large mixed-use redevelopment project that closed this April! To read details of this exciting project visit: https://lnkd.in/dDvysd8

Dennis Alessi Authors Article on “The Good, The Bad, and The Ugly of the AHCA”

April 4, 2017

All of the mass media is focusing on the same aspects of the American Health Care Act (AHCA). This article written by Dennis Alessi focuses on a few of those aspects which are not being reported in the media, but which are of significant importance

Disabled Students Can File ADA and Section 504 Discrimination Claims Without Administrative Exhaustion Under the IDEA

April 4, 2017

April 4, 2017 By Arla D. Cahill and Brian M. Block On February 22, 2017, the U.S. Supreme Court ruled unanimously in favor of a disabled student, Elena, and her family in Fry v. Napoleon Community Schools, by reversing and remanding the case back to the appellate court. Fry upheld a disabled student’s right to […]

Join us for a program on "Exit Strategies for Business Owners"

April 3, 2017

On Wednesday, May 10th Mandelbaum Barrett and Sun Business Valuations/Sun Mergers & Acquisitions will host an educational seminar on "Exit Strategies for Business Owners." This evening is for business owners who are looking to sell their business in the next 5 years or who have

Wrongful Death – The Basics

March 17, 2017

By Andrew R. Bronsnick In the aftermath of a tragic accident, where a loved one has died, you can be paralyzed by grief and emotion. You know that you have a right to seek compensation for your losses, but you don’t know what your rights or how to initiate the process. Understanding When You Have […]

Spring 2017 Special Needs Newsletter

March 10, 2017

The Firm’s Special Needs Practice Group has issued its Spring 2017 Newsletter which highlights recent developments in the area of Special Needs Law such as recent Supreme Court decisions, a new child support termination law and its impact on the special needs child and adult,

New Jersey Super Lawyers 2017

March 1, 2017

Mandelbaum Barrett takes great pleasure in announcing that twelve of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2017. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the

Navigating the ROFR Minefield

March 1, 2017

National Association of Dealer Counsel March 1, 2017 By Joseph S. Aboyoun I. Introduction The automotive franchisor’s right of first refusal ("ROFR") under its dealer agreement has become a major component in buy-sell transactions today. The frequency of ROFR exercises has significantly increased in recent years. The exercise presents both missed opportunities for some and […]

In a New York State of Mind: The New York Buy-Sell

March 1, 2017

March 1, 2017 By Joseph S. Aboyoun Each state has its own special rules regarding buy-sells. These include the state’s franchise law, licensing requirements and local custom/protocol. The State of New York certainly has its own such nuances. These must be understood to accomplish an effective and successful deal. Franchise Approval The Franchise Motor Vehicle […]

Buy-Sells: Beyond the Basics

March 1, 2017

March 1, 2017 By Joseph S. Aboyoun Handling a buy-sell transaction for a client can be a very rewarding experience to the dealer lawyer. However, the matter can also be frustrating, disappointing and embarrassing if not handled correctly. It is wrought with professional liability and exposure. Given the magnitude of the deals today in terms […]

Lauren X. Toplesohn Featured in NJBiz Triple Play About Protecting Company Information

February 27, 2017

Lauren X. Toplesohn, a Member in the Firm's Employment & Labor and Cybersecurity Practice Groups recently authored an NJ Biz Triple Play feature that discussed ways to help employers protect their company information. The article, which ran on February 26 and 27th in NJ Biz, can

Richard I. Miller Interviewed for U.S. News & World Report Article

February 15, 2017

Richard I. Miller, Co-Chair of the Firm’s Special Needs Practice and Member of the Elder Law Practice, was interviewed for a U.S. News & World Report article on tax tips for people with disabilities and their caregivers. The article ran on February 15, 2017. To read the

The Undesirable Buyer, or Don't Approach Your Buy-Sell Like a Blind Date

February 15, 2017

Automotive Buy Sell Report February 15, 2017 By Joseph S. Aboyoun You have spent most of your adult life building a phenomenal dealership or even a major platform of stores and franchises. Your organization matches any in terms of performance and pound-for-pound is right up there with the best in the industry. However, you have […]

Protecting Your Rights After A Construction Site Injury

February 14, 2017

By Andrew R. Bronsnick It’s no secret that working in the construction industry can be hazardous to your health. According the U.S. Bureau of Labor, almost 7 million construction workers are injured every year, and nearly 1,000 are killed in construction site accidents annually, whether it’s in falls from heights, falling objects, the malfunction of […]

Immigration Law Update – February 2017

February 5, 2017

Check out the latest news and recent developments in immigration law with the Firm's "Immigration Law Update" provided by Laurie Woog, Chair of the Immigration Practice Group. Click read more to view this month's update

The Importance Of Uninsured And Underinsured Motorists' Coverage For Motorcyclists

January 27, 2017

By Andrew R. Bronsnick If you ride a motorcycle, here’s one thing you want to make certain you have—the maximum coverage on your own motor vehicle insurance for uninsured motorist and underinsured motorist coverage. What Is Uninsured And Underinsured Motorists’ Coverage? With almost every motor vehicle insurance policy, there’s an additional rider that can be […]

Immigration Law Update – January 2017

January 20, 2017

Check out the latest news and recent developments in immigration law with the Firm's "Immigration Law Update" provided by Laurie Woog, Chair of the Immigration Practice Group. Click read more to view this month's update

Richard I. Miller Authored Article For CPNJ Winter 2017 Newsletter

January 12, 2017

Richard I. Miller, Co-Chair of the Firm’s Special Needs Practice, authored an article for the Winter 2017 issue of "Independent" a newsletter of Cerebral Palsy of North Jersey (CPNJ). The article, entitled "Recent Developments in Planning for Individuals with Special Needs" can be found on

Team Mandelbaum Raises Nearly $8000 For Local Charities in 2016

January 11, 2017

January 11, 2017 — "Team Mandelbaum," the charitable events arm of Mandelbaum Barrett PC, raised nearly $8000 in 2016 for local charities. To raise the money, the Firm participated in "Denim Days" one Friday a month whereby all attorneys and staff can donate a minimum of

Employment Department Members Lauren X. Topelsohn and Steve I. Adler’s Article, “A Survival Guide to the Office Holiday Party” published in New Jersey Business Magazine

January 4, 2017

An informative and amusing guide for employers by members Lauren X. Topelsohn and Steve I Adler as published in New Jersey Business Magazine available here: https://njbmagazine.com/njb-news-now/survival-guide-office-holiday-party

Six Members of Mandelbaum Barrett Chosen by Their Peers as 2017 Best Lawyers

January 2, 2017

Mandelbaum Barrett has six Members who have been chosen by their peers as "Best Lawyers" * for 2017. Inclusion on this list of the top practitioners in various areas of practice across the United States is an honor as it is bestowed by fellow attorneys

The Franchise Application: Danger Lurks in an Improperly Completed Document

November 16, 2016

Automotive Buy Sell Report November 16, 2016 By Joseph S. Aboyoun The issues surrounding franchise approval have been extensively addressed in the buy-sell world. An ancillary, albeit significant, component of this aspect is the application process itself. This is not a perfunctory exercise. Many problems can arise in a buy-sell as a result of application […]

Charles Lorber and Michael Sarno Obtain $4M Judgment

November 2, 2016

Senior Counsel Charles S. Lorber and Senior Associate Michael R. Sarno represented a mentally and physically handicapped man and obtained a $4,000,000 judgment against a former Rutgers Professor for sexually assaulting the client on multiple occasions. To read more about this story as it appeared on

Fall 2016 Estate Planning Update: The Repeal of the New Jersey Estate Tax

October 14, 2016

NEW JERSEY REPEALS ESTATE TAX On October 14, 2016, Governor Christie signed a new law which made sweeping changes to a variety of tax provisions, including New Jersey's estate tax. This new law (the "Tax Law"), passed as a compromise to, and in conjunction with, a

Martin D. Hauptman to Instruct at NJCPA Course

October 5, 2016

Member Martin D. Hauptman will be an instructor at the upcoming NJCPA course “ERISA, the DOL and Building a better Retirement Plan: Updates and Practices.” With the evolving rules from the DOL and new interpretations of ERISA, keep ahead of the changes. Learn how to

The Franchiser's Right of First Refusal: An Automotive Industry Perspective

October 4, 2016

September 2016 Environmental Law Bulletin

September 30, 2016

ENVIRONMENTAL LAW BULLETIN September 30, 2016 MANDATORY CESSATION OF PERC DRY CLEANING EQUIPMENT LOCATED IN BUILDINGS WITH RESIDENTIAL USE BY DECEMBER 21, 2020. By: DOUGLAS I. EILENDER, ESQ. Today, the NJDEP issued a compliance advisory reminding the public about the federal regulation that requires all perchloro-ethylene (“PERC”) dry cleaning equipment

Member Lynne Strober, President of The Barry Croland Family Law Inn of Court Is Moderating a Presentation On September 20, 2016

September 20, 2016

Lynne Strober, Chair of the Family Law Department, is the President of The Barry Croland Family Law American Inn of Court for the September 2015 – June 2017 term. She will be moderating the first program of the second cycle: “After 100,000 Divorces, How To

Member Martin D. Hauptman Speaking at Upcoming NJCPA and SFSP Events

September 19, 2016

On September 29th, Martin D. Hauptman will be a speaker at Professionals Day 2016, which is being presented by the Society of Financial Service Professionals North Jersey Chapter as a Continuing Education course. Martin will be discussing Trusts as Beneficiaries of Retirement Plans. For registration

Associate Brian Block’s Article on the CERCLA Statute of Limitations Published by Rutgers Journal of Law and Public Policy

August 25, 2016

The Rutgers Journal of Law and Public Policy has published Associate Brian Block’s article on Environmental Protection Agency “Consistency Waivers” and their impact on the CERCLA statute of limitations. To read article, please CLICK HERE

Cheryl Burstein Wins Major Victory in Environmental Litigation Brought By The New Jersey Department of Environmental Protection

August 22, 2016

Cheryl Burstein, a partner in the firm's commercial litigation department, with assistance from partner Stuart Gold, recently obtained a major victory for one of Mandelbaum Barrett's contractor clients in an environmental lawsuit brought by the New Jersey Department of Environmental Protection ("NJDEP"). The NJDEP sought

Retired Judge Paul J. Vichness Has Been Appointed to The Essex County Professional Committee

August 21, 2016

Retired Judge Paul J. Vichness has been appointed to the Essex County Professional Committee. The Committee is designed to help curb unprofessional behavior and restore public confidence in the Bar. The program is designed to address conduct by lawyers that does not rise to the

Members Steven I. Adler and Lauren X. Topelsohn Victorious in Five Related Lawsuits Confirming a $4 million Arbitration Award

June 30, 2016

Members Steven I. Adler and Lauren X. Topelsohn victorious in five related lawsuits confirming a $4 million Arbitration Award on behalf of client Asta Funding, Inc. On June 30, 2016, the District Court in Newark in a forty-page decision affirmed a $4 million arbitration award

USCIS Approves EB-2 National Interest Waiver (NIW) Petition Submitted in the Field of Emergency Medicine Technology by Attorney Laurie Woog, Head of Mandelbaum Barrett Immigration Group

June 25, 2016

After only two months, USCIS approved the above case submitted by Laurie Woog, Esq. on behalf of a venture capital-backed start up tech company in New York that sought to retain a key business partner responsible for managing the launch of an app designed to revolutionize

Member Martin D. Hauptman to Speak at the 2nd Annual Estate Planning Summer Institute

June 18, 2016

Member Martin D. Hauptman is one of the featured speakers at the 2nd Annual Estate Planning Summer Institute on July 21st & 22nd at the NJ Law Center. Part of the objective for attorneys participating in the institute is to refresh areas that can expand

Member Peter A. Levy Article Featured in June 16, 2016 Edition of Inc. Magazine

June 16, 2016

Peter A. Levy, a Member of the Firm and Chair of the Life Sciences and Intellectual Property Practices, specializes in structuring, financing, and operating “start-up companies”. He has written over 200 business plans and launched dozens of start-ups over the past 15 years. Inc. Magazine

Parts and Accessories in Your Dealership Buy/Sell Agreement: The Optimum Approach

June 15, 2016

Automotive Buy Sell Report June 15, 2016 By Joseph S. Aboyoun Parts and accessories is an area that is often overlooked during a buy-sell transaction. While this may be considered a minor component of the deal, there is no reason to leave money on the table. A careful and comprehensive approach can avoid this result. […]

Mandelbaum Barrett Attorneys Support the Mike Geltrude Foundation

June 13, 2016

On June 13, attorneys from the Firm attended the 10th Annual Mike Geltrude Foundation Benefit at Nanina's in The Park in Belleville, NJ. The Geltrude Foundation provides resources to educate young adults about the importance of early detection of skin cancer and practicing sun safety

Member Steven Adler Featured in NJ Biz

May 12, 2016

Member Steven Adler, Chair of the Labor and Employment Law Department, was interviewed as part of the NJ Biz Triple Play series. Steven spoke about tips for employers concerning internships which you can read HERE

Casey Gocel Honored As New Leaders of the Bar by NJ Law Journal

May 3, 2016

At Mandelbaum Barrett, we've long known that Member Casey Gocel is among the best young attorneys in New Jersey. We're pleased to announce that the New Jersey Law Journal agreed when it recently selected Casey

Members Dan Barkin and Peter Tanella Close Investment In Medical Marijuana Facility

May 2, 2016

Dan Barkin and Peter Tanella recently closed an innovative seven figure investment in a medical marijuana production facility. This transaction involved a secured convertible debt provided by a Wall Street investor to an early stage venture. Dan and Peter employed creative structuring techniques to navigate

April 2016 Environmental Law Bulletin

April 15, 2016

ENVIRONMENTAL LAW BULLETIN APRIL 15, 2016 General partners held individually liable due to failure to perform proper environmental due diligence prior to acquisition of property in New Jersey. By: DOUGLAS I. EILENDER, ESQ. A recent Appellate Division case has confirmed that in order for a party buying property in

Richard Simon to Speak at International Factoring Association’s Annual Factoring Conference

April 7, 2016

Richard Simon, Esq., Chair of Banking and Finance Practice Area, has been asked to speak at the International Factoring Association’s 22nd Annual Factoring Conference. The Factoring Conference, which is to be held in Scottsdale, Arizona, from April 13 – April 16, 2016, features world class speakers

Member Cheryl Burstein Successfully Defends Appeal of Judgment

April 3, 2016

Cheryl Burstein successfully defended an appeal of a judgment granting possession of commercial space where the former tenant argued that the special civil part lacked both personal jurisdiction over the defendant and subject matter jurisdiction. The appellate division rejected the former tenant’s arguments of improper

Motor Vehicle Inventory Issues in Buy-Sells: How Real Value Can Be Gained or Lost

March 23, 2016

Automotive Buy Sell Report March 23, 2016 By Joseph S. Aboyoun The price negotiations in a buy-sell do not end with the establishment of the blue sky amount. To achieve an optimum deal, many additional terms must be addressed. One of the more significant price points is the motor vehicles inventory. There is no such […]

Member Michael Saffer Featured in NJ Biz

March 5, 2016

Member Michael Saffer, Co-Chair of the Commercial and Corporate Litigation Department, was interviewed as part of the NJ Biz Triple Play series. Michael spoke about issues business owners should take into consideration when it comes to litigation and their business, which you can read about

Read Associate Brian Block’s Just Published Law Review Article in the Seton Hall Circuit Review Concerning Collecting Attorney’s Fees Under the Lanham Act

February 21, 2016

The co-authored article surveys whether and how federal circuit and district courts are applying Supreme Court’s decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (2014), which set the standard for attorneys’ fee-shifting in the Patent Act, to attorneys’ fee applications under the

Member Steven Adler Authors Op/Ed Piece in 2.15.2016 New Jersey Law Journal

February 15, 2016

BE PROACTIVE IN 2016 OR REACT AT YOUR CLIENTS' PERIL* Lawyers typically don't act until faced with a problem. All too often we react as the result of our clients not contacting us until an issue arises. Having served as both acting and quasi general counsel

Member Lynne Strober Discusses How the New Alimony Statute Defines Cohabitation and What It Could Mean for You

February 13, 2016

The law on the impact of cohabitation on the entitlement to alimony has changed. The law had required that two people live together in a relationship tantamount to marriage before that relationship could terminate a payor’s obligation to pay alimony to a former spouse. Then

Children and the Ex-Spouse’s Paramour – Members Lynne Strober and David Carton Provide Analysis of the Recent Mantle v. Mantle Decision

February 12, 2016

For many years in New Jersey, there has been a moral/legal debate on whether and to what extent children of a marriage should be exposed to the new romantic partner of one of the parents once the parents are separated or divorced. The first decision dealing

Complex Issues Can Trip up a Deal If Not Resolved When Selling a Dealership with Multiple Owners or Investors

January 20, 2016

Automotive Buy Sell Report January 20, 2016 By Joseph S. Aboyoun Special issues arise when selling a dealership which has several owners/investors. This becomes even more complicated if some of the owners are automotive people and the others (e.g. passive investors) are not. This complexity is confronted when one or more of the owners intend […]

New Jersey Super Lawyers 2016

January 1, 2016

Mandelbaum Barrett takes great pleasure in announcing that seventeen (17) of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2016. Steven Adler-Employment/Labor Craig Alexander-Real Estate/Land Use/Zoning William Barrett-Business/Corporate/Real Estate Arla Cahill-Business Litigation Mara Codey-Business Litigation Joseph J. Discenza-Personal Injury Stuart Gold-Business Litigation Arthur Grossman-Business Litigation Casey Gocel-Business/Corporate/Estate Planning Constantina

The Partnered Acquisition: Special Challenges

September 30, 2015

Automotive Buy Sell Report September 30, 2015 By Joseph S. Aboyoun The acquisition of a dealership is a challenge in its own right. To couple such a deal with a partnership can be even more challenging. If not properly planned and structured, it can be a formula for disaster from both a deal and an […]

Capitalizing the Deal: Funding Requirements and Alternatives

July 8, 2015

Automotive Buy Sell Report July 8, 2015 By Joseph S. Aboyoun A key component of every buy-sell is its capital structure. The purchase of a motor vehicle dealership presents some unique challenges in this regard. I. Franchise Requirements The goal is to ensure that your capital structure meets and preferably exceeds the requirements of the […]

The Deal on Wheels: Be Ready for Potential Problems in a Location Change

May 13, 2015

Automotive Buy Sell Report May 13, 2015 By Joseph S. Aboyoun A dealership acquisition involving the relocation of a dealership can present special considerations, including a challenge by another dealer or a factory challenge. Planning for how these concerns can be dealt with should be addressed in the acquisition agreement (Buy/Sell). The need to relocate […]

The New Point: Opportunity and Challenge

February 18, 2015

Automotive Buy Sell Report February 18, 2015 By Joseph S. Aboyoun You’ve likely heard great stories about the dealer (sometimes your competitor) who received a new “point”, and how it became a tremendous success. You were envious and wondered when your opportunity would come, when you would finally be the “favorite son” of the factory […]

Factory Approval: The Buyer's Concerns When Drafting a Buy Sell Agreement

October 29, 2014

Automotive Buy Sell Report October 29, 2014 By Joseph S. Aboyoun The single most important factor in a dealership acquisition is franchise approval. Needless to say, without the manufacturer’s approval, the deal cannot proceed. Every automotive acquisition agreement (buy sell) must include a contingency for this factor. It is essential that each party understand what […]

Persevering in a Battle Against a Corporate Giant

January 7, 2014

In addition to good lawyering, perseverance and stamina are also crucial elements in achieving a victory for a client. Back in 2000, New Jersey-based Metallix Refining Inc., a precious metals recycling company, sold a division to another party, which agreed to a partial cash payment

Engineering a Sale Behind the Scenes of Fashion Week

January 5, 2014

Everyone is familiar with New York's Fashion Week, which now encompasses more than 350 fashion shows and events. Only fashion industry insiders know – and have come to depend on – the Fashion Calendar, which was founded by Ruth Finley Lein in 1945 and became

Traveling a Long Road with Tumi

January 2, 2014

Tumi, Inc., the worldwide premiere brand of high-end luxury luggage, leather goods, bags and business accessories, continues to be one of Mandelbaum Barrett's most well-known clients. Tumi has engaged the firm as outside counsel for more than 20 years, under the direction of relationship manager

Building Opportunities for Multi-Family Housing

January 1, 2014

Fairfield, NJ-based Woodmont Properties is a regional real estate company that develops, builds, markets and invests in a diversified range of real estate, with a 50+-year history in commercial real estate. For nearly 40 of those years, Woodmont’s management team has worked with Barry Mandelbaum and

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