New Jersey Ordinance Impacts Employers’ Use of Criminal History Records

With the publication of the EEOC’s Strategic Enforcement Plan, many New Jersey municipalities may begin passing ordinances that protect job seekers with criminal backgrounds. The EEOC’s Plan, which has already taken effect, highlights the elimination of systemic barriers in recruitment and hiring as one of its nationwide priorities.

Modernizing the New Jersey Limited Liability Company Act

The Revised Uniform Limited Liability Company Act (the “New Jersey Revised Uniform LLC Act”), was enacted into law on September 19, 2012. It will go into effect 180 days after enactment, which is March 18, 2013, and will apply to LLC’s formed on or after March 18, 2013 and LLC’s formed prior to March 18, 2013 which elect to be subject to the New Jersey Revised Uniform Act. It will apply to all New Jersey LLC’s beginning on April 1, 2014.

The Importance of Crisis Management – Part 2

In this second video in the 2-part series, Stark & Stark’s Business & Corporate Group Chair, Allen Silk, sits down with President of Grossman Public Relations Counselors, Lou Grossman, to discuss the importance of crisis management for large and small businesses. In this video, Mr. Silk & Mr. Grossman discuss a highly contented topic of which is better during a crisis situation: comment or no comment.

Obtaining Tax Exempt Status from the IRS for Your Organization

When an organization is referred to as exempt from income tax by the Internal Revenue Service, it is typically assumed that the organization is a 501(c)(3) charitable organization. Organizations that are exempt pursuant to Section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals. Some examples of charitable organizations are those organizations that provide relief to the poor, distressed or underprivileged; defend human and civil rights; and seek to combat community deterioration or juvenile delinquency.

State of Incorporation May Be Extremely Important to the Internal Affairs of A Corporation

Prospective corporations are free to incorporate in any state, regardless of where the corporation plans to physically operate or transact business. It is of no consequence that the corporate organizers or shareholders reside in the state where the corporation chooses to incorporate. Moreover, it is of no consequence that the corporation actually operate or conduct business in the state of incorporation. Despite the same, the state of incorporation may be extremely important to the internal affairs of the corporation. The exclusive right of regulation is known as the “Internal Affairs Doctrine.” That is because, corporate law is state law.

Settlement in Slimquick/Liquid Hoodia Class Action

Stark & Stark is representing a group of plaintiffs in a class action arising from the sale of several weight loss products in the United States including, Liquid Hoodia, Slimquick and NV products. If you, or someone you know, has purchased these products in the United States for personal use and not for resale between January 1, 2003 and August 5, 2011, you could receive a cash payment from a class action settlement.

SEC Issues New Performance Fee Rule

Effective September 19, 2011, the Securities and Exchange Commission amended Rule 205-3 of the Investment Advisers Act of 1940 (“Advisers Act”) which generally prohibits an investment advisor from entering into, extending, renewing or performing any investment advisory services for compensation based on a share of capital gains or capital appreciation of, the funds of a client (“performance fees”).

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