New Jersey Appellate Division Rules Continued Use of an Arbitrator After Engaging in Settlement Discussions Need Not Be Memorialized in Writing. In Pami Realty, LLC v. Locations XIX Inc., the New Jersey Appellate Division, reversed a trial determination that litigant’s agreement must be confirmed in writing to permit an arbitrator to participate in settlement discussions...Read More
New Jersey Permanently Authorizes Remote Notarizations On July 22, 2021, New Jersey enacted the new bill A-4250/S-2508 (the “Act”) to permanently authorizes remote notarizations effective on October 20, 2021. The Act authorizes a notary located in New Jersey to notarize the signing of a document or perform any other notarial act using “communication technology” for...Read More
New Jersey Enhanced Penalties for Employee Misclassification This summer New Jersey enacted three bills amending the Worker Misclassification Package which intensified the penalties imposed against employers that misclassify workers. The Worker Misclassification Package, originally enacted in 2020, granted the Commissioner of Labor and Workforce Development (“Commissioner”) the power to assess penalties against any employer that...Read More
Rethinking Force Majeure in Commercial Real Estate Translated from its French origin, the term force majeure literally refers to a “superior force”—one that is “neither anticipated nor controlled.” New Jersey Dept. of Envtl. Prot. v. Bayshore Reg’l Sewerage Auth., 340 N.J. Super. 166, 168 n.1 (App. Div. 2001). In the contractual sense, a force majeure...Read More
New Jersey Eases the Process for Commercial Evictions Last summer, the New Jersey Supreme Court issued an order beginning the resumption of landlord/tenant (“LLT”) cases during the global COVID-19 pandemic. While commercial evictions never fully stopped, these cases ground to a halt due to the administrative backlogs of the New Jersey courts. Recently, the NJ...Read More
Charitable Unitrust Remainder Trust & Tax Incentives A Charitable Unitrust Remainder Trust (“CRUT” or “Trust”) is an irrevocable agreement that will provide an income stream to the donor or a named beneficiary for life or a term of years. At the end of this period, the trust will pay the remainder to a designated charity,...Read More
