New Jersey Tag Archives — Page 2 of 3

COVID 19-UPDATES: Business Interruption Insurance Policies – NJ Edition

April 7, 2020 | Jacklyn Fetbroyt

Illustration of checklist with pen - title of checklist is NJ Assembly Bill 3844 on green background Among the various challenges businesses are facing throughout the COVID-19 pandemic, one is particularly garnering attention – the issue of business interruption insurance policies which are not being paid out to those who have faced losses due to coronavirus-related business closures. Business interruption insurance is designed to replace business income lost due to forced closure, typically due to natural disaster-related property damage, and is intended to cover operating expenses during the closure. Like elsewhere in the United States, governments in Pennsylvania and New Jersey responded to the COVID-19 pandemic by, among other measures, closing non-essential businesses unless remote work is available. In light of these closures, many businesses turned to their business interruption insurance policies, only to find Continue reading ›

COVID-19 UPDATES: The NJ and PA Courts

April 3, 2020 | Jacklyn Fetbroyt

Last Updated: April 3, 2020

As the COVID-19 continues to spread, each day creates a new challenge. Courts are issuing standing orders regarding delays and closures to protect the public health and ensure the courts continue to operate as effectively as possible. Below is a summary of the most recent orders issued by the Supreme Courts in New Jersey and Pennsylvania regarding certain deadlines and extensions.

On Friday, March 27, 2020, the Supreme Court of New Jersey entered a standing order regarding State court operations amidst the current pandemic, such as: Continue reading ›

COVID-19 UPDATES: Delay for (State) Tax Day (Maybe?)

April 1, 2020 | Jacklyn Fetbroyt

Outline of NJ on pink background
April 1, 2020 Update: As anxiously anticipated, Governor Murphy joined all other States in providing New Jersey taxpayers relief by extending the income tax deadline to July 15, 2020, the same date that federal tax filings are due under the IRS extension. In a Joint Statement released in the late morning of April 1^st, the Governor, along with Senate President Steve Sweeney and Assembly Speaker Craig Coughlin, stated they “have reached agreement that the state income tax filing deadline and the corporation business tax filing deadline will be extended from April 15th to July 15th.” They further announced that New Jersey’s fiscal year should be extended to September 30th and affirmed their commitment to “to working together to enact the necessary legislation and supplemental appropriations to accomplish these goals.” See the full text of the joint statement here.

Original Post:

Last week, we posted that, after a few false starts, the IRS announced the federal income tax filing due date was automatically extended to July 15, 2020, which meant that both tax returns and tax payments originally due to be filed April 15th with the IRS are extended three months.

COVID-19 UPDATES: Remote Meetings Authorized; Remote Notary on the Horizon

March 26, 2020 | Jacklyn Fetbroyt

Two computer monitors facing each other with hands sticking out. One hand is holding a spreadsheet and the other is holding a file. In light of the increasing spread of COVID-19, lawmakers continue to push legislation to allow the conduct of remote business despite the pandemic and various shelter-in-place and similar restrictions. As we have experienced, the use of teleconferencing platforms such as Zoom has exploded over the last weeks, with everyone from students, business people, and government officials using these platforms to communicate with others while respecting the needs for social distancing, isolation and even quarantine. In the last week, the State of New Jersey has passed two such bills, A3861 and A3850, which allow important meetings to be held via remote communication methods, as well as introduced another, bill A3903, which would allow remote notarial acts if it is passed into law. Continue reading ›

COVID-19 UPDATES: N.J. Suspends Elective Medical Procedures as of Friday

March 25, 2020 | Jacklyn Fetbroyt

Nurse holding patient file and on the phone net to patient in hospital bed with cast on foot On Monday March 23, 2020 Governor Murphy issued Executive Order 109 introducing additional preventive measures to limit the spread of COVID-19 and simultaneously seeks assistance from the private healthcare community to increase the stock of PPE.

By Friday, March 27th at 5:00 p.m., all medical or dental “elective” surgeries and “elective” invasive procedures performed on adults to be suspended. An “elective” or invasive procedure is defined as “any surgery or invasive procedure that can be delayed without undue risk to the current or future heath of the patient as determined by the patient’s treating physician or dentist.”

Healthcare providers must consider post-operation complications when determining which operations qualify as “elective” and must coordinate post-operation care with ambulatory surgery centers or hospitals that have the resources to address post-operation complications. To that end, each hospital or ambulatory surgery center is required to establish written guidelines to ensure compliance and provide a copy to the Department of Health. All elective surgeries or invasive procedures already scheduled after 5:00 pm on Friday March 27, 2020 are to be cancelled or postponed indefinitely, and facilities must notify patients who will be affected by EO-109.

NJ Division of Revenue and Enterprise Services – Streamlined Business Reinstatement and Dissolution Program

January 21, 2020 | Jacklyn Fetbroyt

In connection with its legislative directive to “specify the formats and methods for all filings and certifications required pursuant to this section and generally, for all filings and certifications required under the purview of the division” the Director of the Division of Revenue and Enterprise Services announced certain streamlined mechanisms for entities of revoked status in New Jersey. Continue reading ›

NJ Law Against Discrimination Affects Drafting and Enforcement of Some NDAs

April 11, 2019 | Jacklyn Fetbroyt

We are often asked by our clients for non-disclosure and confidentiality agreements (often referred to as NDAs) in the transactional setting as well as in litigation settlement agreements – but what if the employment contract or settlement includes provisions regarding a discrimination claim?

Effective as of March 18, 2019 in New Jersey, lawyers must be wary of employment or settlement agreements that include any provision that “has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation or harassment.” If a provision is contained in a settlement agreement to which the New Jersey Law Against Discrimination (NJLAD) applies, it is unenforceable against the employee. If the employee chooses to reveal claim specifics in a way that the employer is “reasonably identifiable,” the employer may likewise reveal formerly confidential information. In fact, such settlement agreements must contain a bold, prominently placed notice that “although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.” Continue reading ›

Change in Municipal Land Use Law in New Jersey

February 20, 2018 | Kang Haggerty LLC

On February 20, 2018 Kang Haggerty LLC published a memorandum on the New Municipal Land Use Law.

On January 15, 2018, New Jersey Governor Chris Christie signed into law Senate Bill No. 3233, effective immediately, which reforms requirements under N.J.S.A. 40:55D-1 et seq., also referred to as the Municipal Land Use Law (MLUL). The amendments under the MLUL modify the requirements for performance and maintenance guarantees required for developers. Under the new, more developer-friendly law, “the developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer’s agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed.”

In the past, the municipality had expansive authority to require performance guarantees for improvements deemed “necessary or appropriate.” N.J.S.A. 40:55D-53. Additionally, the list of improvements subject to performance guarantees from developers (and in favor of the municipality) are now limited to the following: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor’s monuments, water mains, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.

Avvo, LegalZoom, Rocket Lawyer Products Prohibited in NJ

July 12, 2017 | Kang Haggerty LLC

Three New Jersey Supreme Court committees have recently prohibited three online services that allow clients and lawyers to interact for a small fee. Certain Avvo, LegalZoom, and Rocket Lawyer products have been deemed to be in violation of ethical standards in the state and are currently blacklisted. Moreover, Avvo is under fire for its improper fee-splitting.

In the Joint Opinion issued by the Advisory Committee on Professional Ethics, Committee on Attorney Advertising and Committee on the Unauthorized Practice of Law (ACPE Opinion 732, CAA Opinion 44, UPL Opinion 54), the committees state that “New Jersey lawyers may not participate in the Avvo legal service programs because the programs improperly require the lawyer to share a legal fee with a nonlawyer…”

On the other hand, it adds, “The Committees further find that LegalZoom and Rocket Lawyer appear to operate legal service plans through their websites but New Jersey lawyers may not participate in these plans because they are not registered with the Administrative Office of the Courts…” While these two services are permissible under RPC 7.3(e)(4), they are off limits due to the lack of registration.

Kang Haggerty and Voorhees Business Association – Annual Bowling Fundraiser

April 8, 2016 | Kang Haggerty LLC

Kang Haggerty LLC is pleased to announce our sponsorship of Voorhees Business Association’s Annual Bowling Fundraiser.

The 2016 VBA Bowling Fundraiser will be held on Friday, April 8, 2106 at The Big Event, located at 1536 Kings Hwy N., Cherry Hill, NJ 08034.

Bowling lanes will be available for individuals and groups with a maximum of six (6) bowlers per lane for two hours (from 6PM to 8PM). In addition, there will be a silent auction hosted by Tri State Sports Memorabilia.

Attendees are encouraged to show support by committing to the various donations listed below: Continue reading ›