What is confusing to many litigants is that even after filing suit or being sued, they often are compelled, by court mandate, to participate in alternative dispute resolution (“ADR”), such as mediation and arbitration. Both are common means and methods of resolving disputes rather than having them decided by a judge or jury. The goal, […]
Employment manuals or handbooks can be a sword or shield, depending on whether you are an employee or employer but, no matter, employment handbooks are essential for all businesses. In these difficult economic times, many employers try to forsake putting together a handbook, in the hope of saving some money, while others, who have an […]
Imagine that you are back in school. You have taken a particular class or course for the whole year, semester or whatever, and you have prepared thoroughly for your final exam. You carefully selected this course, paid your tuition, invested countless hours studying, bought books and materials, and attended classes. On exam day, you get […]
It appears that the state of flux concerning New Jersey’s affordable housing obligation will continue. On October 8, 2010, the Appellate Division invalidated crucial components of the revised third-round rules implemented by the Council of Affordable Housing in 2008. These revised rules were in response to the Appellate Court’s 2007 decision which invalidated COAH’s original […]
The lawyers of W J & L remained busy, both personally and professionally, in the last year. Let’s start with education. Almost every one of our lawyers spent at least a little time in front of the classroom, teaching other lawyers or other interested parties, about their areas of specialty. Particularly busy in this area […]
With all of the bad economic news we have faced in recent years, one glimmer of hope remains: The lowest mortgage rates in our lifetime. A 30 year fixed rate mortgage is attainable for under 5%. With such low rates, there has been an increase in refinances. According to the Mortgage Banker’s Association, a national […]
The landscape continues to change around the new Site Remediation Reform Act (“SRRA”). You may recall prior Legal Update discussions about SRRA and the total overhaul of the regulations governing environmental clean-ups. Certain aspects of the SRRA are already in flux. The comment period for these regulatory revisions, published on October 4th, closed on December […]
With unemployment rates at their highest levels in a quarter of a century, one hot button topic in today’s economic climate is job security. Most employees do not have written employment contracts, which provide for a defined term of employment. Instead, most employees are considered to be “at will.” An “at will” employee can be […]
Experts are telling us the recession is over, and it very likely is, at least by the numbers. Eight months ago, I predicted unemployment would reach ten-percent. Now, with just a couple tenths of a point to go, I am less sure, but still think it will go to about that number, and only then […]
Just last summer, the statewide Nonresidential Development Fee Act was enacted on July 17, 2008. The Act preempted any municipal affordable housing or “COAH” fee ordinance and mandated that any nonresidential development be assessed a fee equaling 2.5% of the equalized assessed value of the improvements and land of the new development (the “2.5% Fee”). […]