Hill Wallack LLP Firm News/Blogs Feed

Hill Wallack LLP Community Associations Attorney Jessica Baker to Present at NJ Regional Council Seminar

23 Sep 2020

NJ REGIONAL COUNCIL: ALTERNATE DISPUTE RESOLUTION FOR NJ COMMUNITY ASSOCIATIONS

Hill Wallack LLP Community Associations Attorney Jessica Baker to Present at The Community Assocations Institute Pennsylvania Delaware Valley Chapter's NJ Regional Council Seminar on Wednesday, September 23rd. This virtual zoom seminar will take place from 8:45 am - 10:30.

This seminar will provide an overview of Alternative Dispute Resolution or “ADR.” ADR is required to be offered by all common interest communities in New Jersey. This seminar will detail when ADR must be offered and the different forms ADR may take. This presentation will also address the role of an association’s manager in the ADR process, how ADR is used to provide an efficient, economic, and fair proceeding for disputing parties to reach a mutually acceptable outcome.

Click here to register.

Hill Wallack LLP is pleased to continue the tradition of supporting the Jewish Family Children's Service ("JFCS") of Mercer County in their annual back pack drive

21 Sep 2020

Princeton, N.J. September 21, 2020 --- Hill Wallack LLP is pleased to continue the tradition of supporting the Jewish Family Children’s Service (“JFCS”) of Mercer County in their annual back pack drive.

Hill Wallack partners Michael Kahme and Ronald Perl arranged the donation of back packs and school supplies to children in need for the 2020-21 school year. Mr. Kahme, who is the firm’s managing partner said, “This year is not like any other as the 2020-21school begins. Whether the children are at home or in school, they still need supplies to be successful. Supporting families in need in our community is very important to us” and Ronald Perl added “JFCS does great work in our community and it’s a pleasure to support their efforts.”

JFCS and their volunteers were able to collect enough supplies to help over 150 children in our Mercer community start the school year off right.

JFCS is a 501(c)(3) nonprofit community service agency that strengthens individuals and families by empowering people to care for themselves and others. This is accomplished through a wide range of high quality social services and programs including therapy, information and referral, support, education and advocacy. By combining contemporary clinical skills with values of charity, righteousness and compassion, Jewish Family & Children’s Service seeks to assist families with many of life’s toughest challenges. Since 1937, our agency has served those in need in Greater Mercer County.

Notice to Employees of Temporary Social Security Tax Deferral

10 Sep 2020

Written by: Susan L. Swatski, Esq.

On Aug. 28, 2020, the IRS issued Notice 2020-65, allowing employers to temporarily defer withholding the employee’s portion of Social Security payroll taxes as directed by an Executive Order issued by President Donald Trump. This tax deferral allows employees to see an increase in take-home pay for the remainder of 2020, essentially providing employees with a short-term loan that is expected to be repaid in 2021. Employer participation in the program is optional. If your business is planning to participate, the following FAQs are provided to help employees understand what this means for their paycheck.

Eligibility

This tax deferral is available to employees whose wages are less than $4,000 biweekly.

Start Date

Social Security tax withholding is deferred for pay periods starting Sept. 1 through Dec. 31, 2020. Social Security taxes are 6.2 percent of each employee’s pay.

Repayment?

Unless Congress passes additional legislation forgiving the repayment of this tax deferral, employees will repay the taxes by doubling the employee's Social Security tax paycheck withholding to 12.4 percent during the first four months of 2021.

If employment is terminated prior to repayment of the deferred Social Security taxes

Employees who separate employment will be required to pay their former employer the amount of any outstanding deferred Social Security taxes either through a deduction from the final pay check or through a personal check or money order. The employer remains responsible to directly repay the deferred taxes.

Guidance on this tax deferral is evolving. Please contact me if you need assistance at sswatski@hillwallack.com

©2020 Hill Wallack LLP. All rights reserved. Please contact Hill Wallack for permission to reprint. Notice: The purpose of this Client Alert is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, accuracy and completeness of which cannot be assured. This Client Alert should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.

Gyms May Now Open - Sort Of

28 Aug 2020

Written by: Loren R. Lightman, Esq.

On August 27, 2020, Governor Murphy announced that gyms in the state may open as of September 1, 2020 by way of Executive Order 181. This includes gyms located within clubhouses of common interest communities. It does not mean, however, that community associations can simply take the lock off the gym door and permit use as existed prior to Covid-19. As with pools and other amenities, there are a number of rules that must be satisfied in order for the gyms to open lawfully.

As set forth in the Guidance for Health Clubs/Gyms/Fitness Centers released by the New Jersey Department of Health, these rules are as follows and can be found here.

Gyms can only operate at twenty-five percent (25%) of indoor capacity as set by the certificate of occupancy permit that is on record with the municipal building department. This does not include staff, who are required to maintain a 6-foot distance from others. If there is no permitted occupancy limitation on record then the occupancy limit is one person per 125 square feet per person of accessible indoor or outdoor space.
Indoor group classes can occur but must be limited to no more than one individual per 200 square feet of distance from other class participants – and all participants must be able to maintain a minimum of 6 feet of distance from other participants during the entire class. This is in addition to capacity restrictions that must be met as stated in #1. Given the restriction of requirements for group classes it may be impracticable for them to be held until the requirements are relaxed at some point in the future.
Outdoor group activities are permitted but again, all individuals must maintain a 6-foot distance from other individuals during the entire class. Also, if at any point participants in outdoor classes enter the indoor premises (i.e. clubhouse for any reason, including to use a restroom), they will be counted in the capacity limit in #1. While it may be easier for associations to offer group classes outdoors given capacity limitations, associations will need to still ensure that the indoor capacity limits take into account people who may enter sporadically.
One-on-one personal training can occur assuming that 6 feet of distance can be maintained for most of the training session.
Importantly for a number of members, individual or pair activities which do not involve contact, specifically mentioned as racket ball and handball, are permitted.
Only equipment that can be thoroughly sanitized before and after use by individuals should be permitted. There are extensive cleaning requirements set forth in the Guidance, including frequent cleaning (at least three times daily) of high-touch surfaces such as handrails, doorknobs and restrooms. Disposable wipes must be placed next to each piece of large equipment and all equipment must be sanitized between each use.
Activities such as swimming in an indoor pool and other permitted activities remain subject to prior Executive Orders and guidance.

Additionally, and also important, gym users must wear masks or face coverings at all times while inside the gym except when doing so would inhibit the individual’s health. Signs are required at the gym entrances cautioning users that they cannot enter if they have been diagnosed or suspected to have had Covid-19 and are still within the required isolation period as defined by the CDC, if they currently have symptoms of Covid-19 as defined by the CDC or if they have been in close contact with an individual diagnosed with Covid-19 as defined by CDC guidelines. Temperature checks are required for staff and users entering the facility and specific questions are required to be posed to users as they enter the facility. Any individuals who have a temperature of 100.4 or above or who answer yes to any of the questions must be denied access to the gym. Individuals may also enter only through the front door of the facility.

Another requirement is for gyms to have a social distancing plan that sets forth where users can be at a given time in lobbies or waiting areas, private offices and the training area. Gyms/associations must also keep a log of workers and clients, including names and phone numbers, for the purpose of contact tracing in case there is a Covid-19 exposure at the gym.

Overall, allowing for gyms to open may be considered a positive development in the broader sense but, as with pool openings, comes with a new set of obligations, including:

The need for staff to monitor entrance to the gym to conduct temperature checks and pose the required questions for those individuals who seek to gain access.
The need to contract for additional cleaning services to satisfy the enhanced sanitation requirements.
The need to monitor ongoing use and occupancy to ensure that applicable limits are met at all times.
The need to institute a system for reservations that ensures fairness and even access to all who seek to use the gym facilities.
The need to consult with legal counsel to prepare documents and to ensure that adequate steps are being made to ensure compliance with the Executive Order and the Dept. of Health Guidance.
The need to consult with the Association’s insurance professional with respect to potential liability and insurance issues.

While the concept of a gym re-opening may be a welcome development in theory, with all of the restrictions set there will need to be a diligent analysis of the steps needed to do so along with the practical reality of what it will cost in terms of time, money and potential liability exposure to the association. Boards and management professionals are urged to consult with their professionals to determine how best to proceed for their particular situation.

If you have questions about this or any other issues with your community association, please contact one of our community association attorneys.

©2020 Hill Wallack LLP. All rights reserved. Please contact Hill Wallack for permission to reprint. Notice: The purpose of this Client Alert is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, accuracy and completeness of which cannot be assured. This Client Alert should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.

Hill Wallack Attorneys Selected For Inclusion In The Best Lawyers In America®

26 Aug 2020

Princeton, NJ August 26, 2020 --- Four attorneys from Hill Wallack LLP were recently selected by their peers for inclusion in The Best Lawyers in America® (2021 Edition).

The attorneys recognized are Thomas F. Carroll, III, Land Use & Zoning Law and Litigation – Land Use & Zoning; Ronald L. Perl, Community Association Law, Gerard H. Hanson, Insurance Law and Stephen M. Eisdorfer, Real Estate Law.

Thomas F. Carroll, III is a partner in the Princeton, N.J. office of Hill Wallack LLP and is partner-in-charge of the Land Use Division, and is a member of the Land Use Solutions, Environmental Issues, and Redevelopment practice groups. He has significant experience in the land development application and permitting process, as well as the litigation of land use matters at the trial level and in the appellate courts.

Ronald L. Perl is a partner in the Princeton, N.J. office of Hill Wallack LLP and a member of the firm’s Management Committee. He is partner-in-charge of the firm’s Community Associations practice group. Mr. Perl concentrates his practice in the areas of community association law, construction law, transactional real estate, eminent domain and tax appeals. He is also a mediator for construction, real estate and community association disputes. He represents condominium associations, homeowners associations, cooperatives and real estate developers.

Gerard H. Hanson is a partner in the Princeton, N.J. office of Hill Wallack LLP and a member of the firm's Management Committee. He is partner-in-charge of the firm's Insurance Coverage, Product Liability and Trial & Insurance Defense practice groups. Mr. Hanson's practice focuses on the representation of the insurance industry, including providing advice and litigation regarding insurance coverage disputes arising out of property, casualty, and specialty loss coverage. Mr. Hanson also defends catastrophic personal injury and property damage claims.

Stephen M. Eisdorfer is of counsel in the Princeton, N.J. office of Hill Wallack LLP. He is a member of the Land Use Solutions, Environmental Issues, and Redevelopment practice groups. Mr. Eisdorfer concentrates his practice on counseling private parties and public entities in land use, environmental, and housing matters, including residential, commercial, industrial, redevelopment, non-profit and health-care related projects. He represents clients in applications and proceedings before local, state, and federal agencies in land use and environmental matters; and in litigation in the federal and state courts in land use, housing, environmental, civil rights and class action cases.

About Best Lawyers

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.

Hill Wallack Complex Litigation partner Eric I. Abraham will be presenting at American Conference Institute's "Paragraph IV on Virtual Trial COVID-19 Edition" Conference

20 Aug 2020

The global pandemic has ushered in extraordinary roadblocks for the Hatch-Waxman community. Practitioners and litigants are battling with unforeseen hurdles as they navigate FDA approval schedules, filing deadlines, the 30-month stay, launch dates, and practicing law in the virtual courtroom. This new virtual conference will guide you through the many procedural dilemmas that ANDA litigators are experiencing as a result of the novel coronavirus and provide solutions to coronavirus-related disruptions to Hatch-Waxman litigation.

On Thursday, August 20, 2020, Eric I. Abraham will be among a panel of attorneys discussing The Impact to Motion Practice.

Mr. Abraham’s lecture will be part of the lecture series entitled “Welcome to the Virtual Courtroom: Navigating Paragraph IV Litigating from Home.” While courts were already exploring virtual media for procedures such as conference calls, scheduling meetings, etc., the coronavirus forced traditional litigation into the virtual forum. Further, there is every indication given the efficiency as well as cost saving aspects of virtual litigation, that this trend may continue well after the time of a COVID cure. In this three-part series, leaders from industry will help you navigate this brave new world as it applies to ANDA litigation.

Eric I. Abraham is a partner in the Princeton and Red Bank, N.J. offices of Hill Wallack LLP. He leads the Firm’s Complex Litigation practice group, and is a member of the Firm’s Life Sciences, Banking & Financial Services and Redevelopment practice groups. Equally skilled in the board room and the court room, Mr. Abraham counsels his clients in a wide variety of practice areas and across industries. Banks, pharmaceutical companies, developers and business owners all rely upon Mr. Abraham’s legal advice to solve their most difficult problems. Mr. Abraham is a versatile business counselor and a no-nonsense trial lawyer with the skills to bring a case from initial investigation and pre-trial discovery through trial and appeals, in both state and federal court. He has significant experience with partnership and corporate conflicts such as medical practice dissolutions and minority/oppressed shareholder cases.

For additional program information and registration, click here.

Hill Wallack Family Law partner Albertina Webb Presenting for NJICLE's 2020 Summer CLEfest

13 Aug 2020

NJICLE’s Summer CLEfest - Live Webcast on Thursday, August 13, 2020 - 9 a.m. – 4 p.m.

Abby Webb will be presenting at the Family Law Track’s afternoon session, beginning at 12:45 p.m. The topic is: Calculating and Adjudicating Child Support: What Every NJ Lawyer Needs to Know

You will hear an experienced panel examine common issues and problems family lawyers are likely to encounter in support matters including: treatment of alimony, inheritance, investments, pension and other sources of income in relation to child support; how support is calculated when parents have a true 50/50 custody arrangement; reasons for deviation and Paragraph 21; how to deal with the "kid’s car" and so much more.

Click here for additional program information and registration.

Appellate Court Upholds Right of School District to Seek and Receive Juvenile Offense Information

03 Aug 2020

Written by: Jeffrey L. Shanaberger, Esq.

In a case of first impression, Jeffrey L. Shanaberger, Esq. persuaded both the Law Division and Appellate Division to recognize the right of a school district to make and rely upon a standing request of local law enforcement to disclose juvenile arrest information and to use that information in order to maintain safety, order and discipline in the school in which the juvenile student is enrolled.

In J.N. v. West Windsor-Plainsboro Regional Sch. Dist., the claimant was a former high school student who sued both the school district and municipality asserting that his rights under the New Jersey Civil Rights Act were violated when confidential arrest information was provided by the police to his high school principal. Plaintiff was in a car pulled over by police when he was a high school junior and was charged in a juvenile delinquency complaint with possession of drug paraphernalia. The police department, in accordance with the Uniform Memorandum of Agreement between Law Enforcement and Education, to which both the school district and municipality were parties, informed high school principal of the charges. The principal in turn advised the varsity baseball coach of the arrest as the claimant was a student athlete who had signed a student code of conduct providing for a mandatory period of suspension from competition if found to be in possession of tobacco, alcohol or controlled dangerous substances. The charges were later dismissed after plaintiff performed community service. Years later, however, plaintiff contended defendants violated his civil rights by improperly disseminating his juvenile records.

The school district and municipality moved to dismiss the case. The trial court found no violation noting that there was a statutory exception to the otherwise confidential nature of the records. Specifically, the trial court found that under N.J.S.A. 2A:4A-60(c)(3), law enforcement was permitted to release information regarding charges incurred by a juvenile to the principal of the school attended by the juvenile. The court found plaintiff disregarded this exception to disclosure articulated under N.J.S.A. 2A:4A-60(c)(3) and the District's MOA which specifically authorized and required police to provide information to the principal. The claimant contended that the MOA could not rise above the language of the statute itself and asserted that the school district had to make a specific request for juvenile offense information and could not, as the MOA provided, rely upon a standing, documented request for all such information. This argument was rejected by the trial judge. Plaintiff appealed.

The Appellate Division unanimously affirmed the judgment of the trial court and the dismissal of all claims against both the school district and municipality. The appellate court further declined to address plaintiff's equal protection claim since it was not properly before the court, having been advanced for the first time on appeal. This case reaffirms a school district’s right to receive important but sensitive information from local law enforcement and to use it in its discretion to maintain safety, order and discipline in its schools. Had the courts recognized a superior right to confidentiality, school districts would have run the risk of monetary liability whenever they were provided with arrest information by local law enforcement, whether they requested or expected the information or not. The Appellate Division recognized that the exchange of such information between law enforcement and the schools represents an important tool to combat substance abuse among students and should not be interfered with by the courts.

Hill Wallack serves as NJ Counsel to Soltage LLC on its closing of a 28-megawatt solar portfolio

30 Jul 2020

We at Hill Wallack LLP were proud to serve as New Jersey counsel to Soltage LLC on its closing of a 28-megawatt solar portfolio.

The portfolio includes 10 projects across New Jersey, Illinois and South Carolina.

The Hill Wallack attorneys involved were Henry T. Chou and Michael P. Morrow.

Click here to read the full article.

Hill Wallack LLP Community Associations partner Caroline Record to be a panelist for the Community Association Institute-NJ's Webinar

29 Jul 2020

Hill Wallack LLP Community Associations partner Caroline Record to be a panelist for the Community Association Institute-NJ's Webinar.

CAI-NJ has a webinar every Wednesday, led by industry professionals, discussing important issues affecting your business or common interest community!

On Wednesday, July 29th at 12 noon, Caroline Record will be presenting on “Contracts”