SEC Defines “Family Office”

Recently the SEC approved a new rule to define the term “family Office.” Pursuant to the SEC’s new definition, a “Family Office” is a firm: 1) whose only clients are family clients; 2) and is wholly owned by family clients and controlled by family members and/or family entities; and 3) does not hold itself out to the public as an investment adviser.

Stark & Stark Shareholder Comments on Possible Ashton Kutcher Federal Investigation

Recently, Ashton Kutcher’s comments regarding several internet based social media companies has come under scrutiny after Kutcher authored an article for Details magazine in which he praises Tinychat, Fourquare, Arbnb and several other companies, while failing to disclose the fact that he is an investor in the companies. Now the Federal Trade Commission and the Securities Exchange Commission are questioning if this move warrants a federal investigation.

Under the Consumer Fraud Act, a Spiritual Loss Is Not an Ascertainable Loss

A recent published case with a unique set of circumstances serves as a reminder that for a plaintiff to prevail and secure treble damages under the Consumer Fraud Act (CFA), not only must the plaintiff show that the defendant committed unlawful conduct, that plaintiff must also be able to demonstrate that he suffered an ascertainable loss.

Homeowners Who Act as General Contractors Are Still Protected Under the Consumer Fraud Act

Home improvement contractors hoping to avoid liability under the Consumer Fraud Act (CFA) have one fewer argument in their arsenal; the Appellate Division has held that homeowners who act as general contractors of their own home improvement projects may still resort to the protections of the CFA.
In Murnane v. Finch Landscaping, LLC, ___ N.J. Super. ___ (App. Div. 2011), the Appellate Division considered the viability of a CFA claim brought by a homeowner who had contracted with several contractors to design and construct a patio at his home. During construction of the patio, several changes were made to the written contract with one of the contractors, though none of these changes were put into writing.

New Jersey Supreme Court Holds That Individuals May Be Held Personally Liable for Regulatory Violations of the Consumer Fraud Act

On July 7, 2011, the New Jersey Supreme Court expanded the reach of the Consumer Fraud Act (CFA), arguably already the most extensive of consumer protection laws in the United States, and held that under certain circumstances, owners and employees of a corporation may be individually liable for regulatory violations of CFA undertaken by them through the corporate entity.

Stark & Stark Attorney Facilitates Deal With Local Business Owner to Expand into China

Adam J. Siegelhem, member of Stark & Stark’s Franchise Group, was mentioned in the June 1, 2011 US 1 Newspaper article, Thomas Sweet Scoops Up The Chinese Market. The article discusses there recent licensing deal for the Princeton ice cream maker, Thomas Sweet, to expand into China.

Pennsylvania Senate Amends Procurement Code to Provide for Verification of Legal Employment Status

The Pennsylvania Senate approved legislation on Tuesday, May 24, 2011 that would require contractors and subcontractors to verify legal employment status for all employees working on public building projects. Senate Bill 637, which passed 47-7, makes use of the federal E-Verify system, operated by the Department of Homeland Security, mandatory to confirm that all employees are eligible to work in the U.S.

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