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Article

Fox Rothschild LLP | USA | 24 Jan 2013

Absent evidence of undue influence by a parent, the wishes of a teenager when it comes to custody must at least be considered

Very often, clients ask us how old their child has to be before he or she can choose which parent they want to live with. The answer is not a simple

Article

Fox Rothschild LLP | USA | 11 Jan 2012

Offer, acceptance, and consideration examined by the Court of Chancery

In the recent Delaware Court of Chancery decision of James J. Gory Mechanical Contracting, Inc. v. BPG Residential Partners V, LLC and the BucciniPollin Group, Inc., Del. Ch. C.A. No. 6999-VCG (Del. 30, 2011), the Court examined the fundamental contract tenets of offer, acceptance, and consideration in denying Defendants’ Motion to Dismiss the Complaint.

Article

Fox Rothschild LLP | USA | 23 Dec 2011

New Jersey commercial mortgage foreclosure timeline

The current economic environment has resulted in a need for commercial banks and other lending vehicles to look to collateral for recovery on defaulted loans.

Article

Fox Rothschild LLP | USA | 11 Nov 2011

Automatic enrollment: is it right for your plan?

Is making employees contribute to the 401(k) plan a good idea?

Article

Fox Rothschild LLP | USA | 7 Nov 2011

Supreme Court to consider PPACA litigation, or at least to consider considering it

There are multiple cases related to health care reform (PPACA) that are now ready for consideration by the US Supreme Court.

Article

Fox Rothschild LLP | USA | 3 Oct 2011

Going well beyond current federal jurisprudence, New Jersey's Supreme Court strikes down gag provisions in plea agreements

A recent post discussed a Second Circuit decision which prevents prosecutors from penalizing a pleading defendant who challenges an upward adjustment under the Sentencing Guidelines, holding that prosecutors may not deny such a defendant the extra, third-point reduction for acceptance of responsibility simply because he forced the government to defend its position at a sentencing hearing.

Article

Fox Rothschild LLP | USA | 21 Sep 2011

PADEP reorganization is good for brownfields

Yesterday, Secretary Krancer formally announced his reorganization for the Pennsylvania Department of Environmental Protection.

Article

Fox Rothschild LLP | USA | 14 Sep 2011

Lead paint rule struggles with implementation

In July 2011, the U.S. House Appropriations Committee adopted an amendment to the 2012 budget for the Environmental Protection Agency that would prohibit the agency from enforcing its Lead: Renovation, Repair and Painting Rule until the agency approves a reliable lead test kit as mandated by the agency's own regulations.

Article

Fox Rothschild LLP | USA | 14 Sep 2011

Case summary: PPM Atlantic Renewable v. Fayette County Zoning Hearing Board

The case of PPM Atlantic Renewable v. Fayette County Zoning Hearing Bd., A.3d , 2011 WL 1753018, Pa. Cmwlth., May 3, 2011 (No. 1431 C.D. 2010), demonstrates the application and effect of Section 1003-A of the Municipalities Planning Code (MPC), 53 P.S. 11003-A, which allows a party to request a bond in Common Pleas Court after the court disposes of a land use matter and a party takes a further appeal.

Article

Fox Rothschild LLP | USA | 6 Sep 2011

Picard vs. Wilpons: does the pending trustee lawsuit chill meaningful opportunities for sales of interests by the Mets owners? - installment 58

This Installment will address the potential legal disabilities that exist under the New York Debtor and Creditor Law for the WilponKatz families, the owners of the New York Mets (collectively, the “Wilpon Interests”), in their effort to sell a minority interest(s) in the Mets, in light of the existence of the lawsuit against them (the “Wilpon Case”) by Irving Picard, the Trustee in the Bernard L. Madoff bankruptcy

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