Business & Commercial Law
New Jersey Law Blog
Appellate Court Permits Invasion of Retirement Accounts to Enforce Child Support Orders
Posted in Business & Commercial Law
On May 7th, the Appellate Division of the New Jersey Superior Court issued an important decision in the case of Orlowsky v. Orlowsky, ruling that federally-protected retirement plans can be invaded to pay child support arrears and college tuition expenses, as well as attorney and expert fees.
Divorce, Suicide, and Life Insurance
Posted in Business & Commercial Law
In a decision approved for publication on May 6 entitled Woylas v. Greenwood Tree Experts, Inc., the New Jersey Supreme Court upheld a claim by Christina Woylas against her former husband Timothy’s estate following his suicide.
Charming Charlie Bankruptcy: Retailer Files for Second Chapter 11 Bankruptcy
Posted in Business & Commercial Law
Charming Charlie, the teen jeweler and accessory retailer, filed its second Chapter 11 bankruptcy case in less than two (2) years this morning in Delaware under docket number 19-11534. This Chapter 22, which is the filing of two (2) Chapter 11 bankruptcies in a short period of time, appears to… Continue reading
Iancu v. Brunetti: The Best Defense is a Great Offense
Posted in Business & Commercial Law
This month, the Supreme Court struck down 25 U.S.C. § 1052(a) of the Lanham (Trademark) Act of 1946, which prohibited federal trademark registration of “immoral or scandalous” marks for goods and services, on the grounds that it violated the First Amendment’s Free Speech Clause as impermissible viewpoint-based discrimination due to… Continue reading
Proposed DCA Regulations Relating to the Radburn Law
Posted in Business & Commercial Law
On June 3, 2019, the New Jersey Department of Community Affairs (DCA) issued proposed regulations to the 2017 Radburn Law. These proposed regulations are just suggestions for regulations and none of them have been approved.
Halfway Thru the Year – More Retailers to Watch for a Bankruptcy Filing in 2019
Posted in Business & Commercial Law
Earlier this year we noted 10 potential retailer bankruptcies to watch in 2019. Four (4) of those retailers, Payless, Gymboree, Charlotte Russe, and Things Remembered, filed within months of our report. The following is a revised list of potential Chapter 11 retailer bankruptcy filings to watch for during the second… Continue reading
Companion Pets and Divorce
Posted in Business & Commercial Law
The legal wheel is (slowly) turning toward recognition of companion pets as more than mere “property” in divorce proceedings. The traditional view that family pets are no different from tables or chairs is evolving toward acknowledging of their “special subjective value,” most notably in custody cases but also in divorce… Continue reading
ICSC RECon 2019 Wrap-Up
Posted in Business & Commercial Law
ICSC’s RECon 2019 in Las Vegas provided a very good vibe for new deals and excitement not seen since before 2007. Unofficial statistics noted that attendance was up, likely above 37,000 with more than 12,000 exhibitors. Low interest rates, heightened consumer demand and an overall positive national economic outlook provided… Continue reading
A Cautionary Tale: What You Say in a Certification May Not Be in Your Children’s Best Interests, or Yours
Posted in Business & Commercial Law
A short time ago I had a conversation with a lawyer who had been the subject of a custody battle between her parents more than thirty years ago. Later in life, she decided to satisfy her curiosity of what her parents had said to the court, and obtained copies of… Continue reading
Court Declares Right to Obtain Counsel in Domestic Violence Cases
Posted in Business & Commercial Law
On May 9, 2019, the Appellate Division of the Superior Court ruled that defendants in domestic violence cases must be informed of the right to obtain counsel and of the serious consequences that could result from the entry of a Final Restraining Order (FRO).
