Hill Wallack LLP Firm News/Blogs Feedhttp://www.hillwallack.com/?t=39&format=xml&directive=0&stylesheet=rss&records=10en-us15 Dec 2017firmwisehttp://blogs.law.harvard.edu/tech/rssHill Wallack LLP Partner Francis J. Sullivan to Speak in Philadelphia at NBI Seminarhttp://www.hillwallack.com/?t=40&an=70434&format=xml&p=555514 Dec 2017Event<h4><span style="font-size: large;"><b>Helping Your Clients Select the Best Entity Option</b></span></h4> <p><span style="font-size: medium;">Holiday Inn Philadelphia Stadium<br /> 99 Packer Avenue<br /> Philadelphia, PA 19148</span></p> <p><span style="font-size: medium;">December 14, 2017<br /> Time: 9:00 am &ndash; 4:30 pm</span></p> <p>Mr. Sullivan will be presenting the following topics:<br /> <br /> <b>UNDERSTANDING GENERAL PARTNERSHIP AND JOINT VENTURES </b><b>|</b><b> 10:45 &ndash; 12:00 </b></p> <p><b>TAX ASPECTS TO CONSIDER IN ENTITY SELECTION AND FORMATION </b><b>|</b><b> 3:00 - 3:45</b></p> <p>Click <span><a href="https://www.nbi-sems.com/ProductDetails/Helping-Your-Clients-Select-the-Best-Entity-Option/Seminar/77861ER?N=63943%2B39">here</a> for program information and registration.</span></p> <p>About the speaker:</p> <p><img src="http://www.hillwallack.com/D444E6/assets/images/Attorneys/Francis_Sullivan_02102017.jpg" alt="" align="absmiddle" width="167" vspace="0" hspace="0" height="250" border="0" /></p> <p><a href="http://www.hillwallack.com/francis-j-sullivan">Francis J. Sullivan</a> is a partner in the law firm of Hill Wallack LLP. He is partner-in-charge of the Business &amp; Commercial and Trusts &amp; Estates practice groups. Mr. Sullivan concentrates his practice in the representation of corporate entities and partnerships, buying and selling businesses and real estate, tax and regulatory issues, as well as obtaining and structuring financing to further his clients' business needs, growth and development. He frequently advises clients on the planning, organizing, restructuring and governance of new and existing business entities, including the documenting of the relationship between and among the business entity and its owners. Mr. Sullivan also negotiates, structures and drafts operating, partnership and shareholder agreements, agreements for retirement and buy-outs of partners and corporate owners, as well as generational succession planning. He also is involved in commercial litigation on behalf of his business clients. <br /> <br /> <em>Continuing Legal Education - NJ CLE - 7.20; NY CLE - 7.00; PA CLE - 6.00</em></p> <br /> <p>&nbsp;</p>http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Be Careful What You Wish For: Arbitration Is Not Mediationhttp://www.hillwallack.com/?t=40&an=71903&format=xml&p=530920 Nov 2017Client Alert<p><span><em>Written by: Michael S. Karpoff</em><br /> <br /> A recent decision by the Appellate Division of New Jersey&rsquo;s Superior Court demonstrates the need for precision in defining what method of alternative dispute resolution (ADR) an association utilizes or agrees to. Carelessly referring to the ADR procedure as an arbitration can make the ultimate decision binding upon the parties, even if one of the parties had something else in mind. </span></p> <p><b>Attorneys&rsquo; Communications Outweighed Asserted Intent</b></p> <p>In <a href="/D444E6/assets/files/Documents/RICHARD MARANO and EILEEN MARANO Plaintiffs-Respondents v THE HILLS HIGHLANDS MA.pdf"><u>Marano v. The Hills Highlands Master Association, Inc.</u>,</a> decided on November 16, the court rejected the association&rsquo;s argument that it was not bound by an arbitration award because the procedure it had used was intended to be a mediation.&nbsp;The court found that plaintiff&rsquo;s counsel had repeatedly referred to the procedure as an arbitration and the hearing officer as the arbitrator without objection by the association&rsquo;s attorney, and, in fact, the association&rsquo;s attorney had referred on at least one occasion to the hearing officer as &ldquo;the arbitrator.&rdquo;&nbsp;The hearing officer submitted to the attorneys an agreement to mediate, which they signed.&nbsp;However, she &nbsp;apparently understood her role as being an arbitrator because she later issued an &ldquo;Award in Arbitration.&rdquo;</p> <p>The trial court confirmed the arbitration award over the association&rsquo;s objection, and the Appellate Division affirmed that decision.&nbsp;The association argued that the parties had merely agreed to mediate the dispute.&nbsp;The appellate court concluded that notwithstanding the mediation agreement that was signed, the record demonstrated that the parties had agreed to binding arbitration.</p> <p><b>ADR Process Should Be Accurately Described</b></p> <p>Unfortunately, clients, and even some attorneys, frequently misunderstand the distinctions between the types of alternative dispute resolution mechanisms available and refer in general to ADR as &ldquo;arbitration.&rdquo;&nbsp;We have even seen statements by judges in judicial opinions that an association must make available an &ldquo;arbitration&rdquo; process when the courts actually meant the broader &ldquo;alternative dispute resolution&rdquo; required by the New Jersey Condominium Act and the NJ Planned Real Estate Development Full Disclosure Act.&nbsp;</p> <p>Thus, in setting up ADR policies, associations, with the assistance of their attorneys, must clearly define what type or types of ADR mechanisms they will offer.&nbsp;Moreover, we suggest that in proposing or agreeing to ADR with an owner or any other party, the type of ADR being proposed or agreed upon should be accurately stated in writings signed on behalf of both parties so that there is no misunderstanding.&nbsp;If any party misidentifies the procedure agreed upon, the other party needs to correct that error promptly, and any disagreement over the process selected needs to be resolved before participating in the process.<br /> <br /> For more information on this or any other issue concerning your community association, please contact one of our <a href="http://www.hillwallack.com/community-associations">Community Associations attorneys</a>. For breaking news or updates on new blog posts, follow us on Twitter at: <a href="https://twitter.com/njcondolaw"><b><u>@njcondolaw</u></b></a>.</p>http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Hill Wallack LLP Partner Ronald L. Perl to speak at 2017 Community Association Law Summithttp://www.hillwallack.com/?t=40&an=68089&format=xml&p=555515 Nov 2017Event<em>Presented in cooperation with NJSBA Real Property, Trust &amp; Estate Law Section and the Community Associations Institute, New Jersey Chapter (CAI-NJ)<br /> </em><br /> <div style="text-align: center;"><strong><span id="dnn_ctr3157_DNNWebControlContainer_ctl00_lblLocation">New Jersey Law Center<br /> 1 Constitution Sq. <br /> New Brunswick, NJ <br /> <br /> November 15, 2017 - 9:00 AM - 4:30PM</span></strong><span id="dnn_ctr3157_DNNWebControlContainer_ctl00_lblLocation"><br /> </span></div> <div style="text-align: left;">Partner <a href="http://www.hillwallack.com/ronald-l-perl">Ronald L. Perl</a> will be speaking at the below seminar. <br /> &nbsp;</div> <div style="text-align: left;"><strong><span id="dnn_ctr3157_DNNWebControlContainer_ctl00_lblLocation">About the program:</span></strong><span id="dnn_ctr3157_DNNWebControlContainer_ctl00_lblLocation"><br /> <br /> </span>Join this panel of distinguished community association practitioners and consultants for a program that analyzes key issues faced today by community associations. The discussion will include strategies and solutions for financial and other issues currently impacting associations. These experts will deal with timely topics, such as new regulations adopted by HUD governing harassment, understanding concepts such as &ldquo;benefits derived&rdquo;, and the interplay between association liens and bankruptcy law under Rones and Keise.<br /> <br /> The lunchtime presentation will be a lively discussion of several &ldquo;Hot Topics&rdquo; in community association law.<br /> <br /> Regardless of whether you are experienced in association practice, involved sporadically with association matters, or interested in pursuing the opportunities this field affords, this program will deliver an in-depth look at the most timely and significant concerns of associations governing condominiums and other types of planned communities.</div>http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Hill Wallack LLP Franchise Law Attorney Evan M. Goldman will be Presenting at The Franchise Show in Philadelphiahttp://www.hillwallack.com/?t=40&an=70386&format=xml&p=555511 Nov 2017Event<br /> Come visit us in <strong>Booth #308</strong> at the Franchise Show in Philadelphia on November 11th &amp; 12th!<br /> <br /> <a href="http://www.hillwallack.com/evan-m-goldman"><span style="color: rgb(51, 102, 255);">Evan M. Goldman</span></a> will be presenting, &quot;Navigating the Buying Process&quot; on Sunday, November 12th, 2017 at 11:30 am.<br /> <br /> Greater Philadelphia Expo Center<br /> 100 Station Avenue<br /> Oaks, PA 19456<br /> <br /> Saturday:&nbsp;&nbsp;&nbsp; 11:00 am - 5:00 pm<br /> Sunday:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 11:00 am - 4:00 pm<br /> <br /> Click <a href="/D444E6/assets/files/Documents/Philadelphia-FREEadmission-Generic-Coupon_Fall_2017_Web-Reg.jpg">here</a> to redeem your Free Admission Pass.<br /> <br /> <img src="http://www.hillwallack.com/D444E6/assets/images/Event_Images/Philadelphia-FREEadmission-Generic-Coupon_Fall_2017_Web-Reg.jpg" alt="" hspace="0" height="576" width="396" vspace="0" border="0" align="absmiddle" /><br /> <br type="_moz" />http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Hill Wallack LLP partner David J. Truelove presenting at Lower Bucks County Marathon CLE Dayhttp://www.hillwallack.com/?t=40&an=70438&format=xml&p=555502 Nov 2017Event<h4><span style="font-size: large;">Opioids in the Workplace: What Employers Need to Know</span><span style="font-size: medium;"> - 2:15 PM | 3:15 PM </span></h4> The abuse of opioids in the workplace has escalated to a national crisis, including for employers in both Pennsylvania and New Jersey. Abuse of opioids by employees in the workplace can cause concern for employers in many ways. For example, an employee&rsquo;s productivity, the possibility of criminal activity occurring during working hours, the potential for exposure to threats to public safety, the welfare of its employees, and the negative impact on the employer&rsquo;s reputation in the community are all areas of concern. This seminar will discuss when opioid abuse may be considered a disability, employers&rsquo; obligations to provide accommodations for employees with such a disability, and strategies to aid employers in preventing and addressing opioid abuse by its employees. Policies that employers should consider for implementation to address opioid abuse by employees will also discussed. <em>(1.0 Substantive Credit)</em><br /> <br /> Bucks County Community College<br /> 275 Swamp Road<br /> Tyler Hall Room 142<br /> Newtown, PA 18940<br /> <br /> Thursday, November 2, 2017<br /> Time: 9:00 am - 4:30 pm<br /> <br /> <strong>About the speaker:</strong><br /> <img src="http://www.hillwallack.com/D444E6/assets/images/Attorneys/David_Truelove_11292016.jpg" alt="" hspace="0" height="250" width="167" vspace="0" border="0" align="absmiddle" /><br /> <p><a href="http://www.hillwallack.com/david-j-truelove">David J. Truelove</a> is a partner in the Yardley, Pa. office of Hill Wallack LLP and is chair of the firm&rsquo;s Employment &amp; Labor Law practice group. His areas of concentration include municipal and school law, labor law, employment matters and complex litigation. At a time when local government budgets are strained to their limits, Mr. Truelove is a recognized labor lawyer, who has successfully represented municipalities, school districts and other public entities throughout Bucks County, Montgomery County and the surrounding region in a wide variety of high-profile collective bargaining matters, including contract negotiations, grievances, <span>arbitrations, unfair labor practices and organizational matters.</span></p> <span style="font-size: small;"><em>These CLE programs have been approved by the PA CLE Board for the amount of credit hours listed for each individual course in the substantive law practice and procedure area as well as ethics. </em></span><br />http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Hill Wallack LLP partner David J. Truelove to serve on Merit Selection Panel in the Eastern District of Pennsylvaniahttp://www.hillwallack.com/?t=40&an=70443&format=xml&p=531001 Nov 2017News Release<strong>Yardley, PA November 1, 2017</strong> --- David J. Truelove will serve on the Merit Selection Panel for the Reappointment of Thomas J. Reuter as United States Magistrate Judge. Service on this Committee greatly enhances the ability to administer justice in the United States District Court for the Eastern Pennsylvania District.<br /> <br /> The Magistrate Judge performs a critical function in the administration of justice in the federal courts. The Board of Judges looks to the Merit Selection Panel for guidance in the decision whether to reappoint a Magistrate Judge.<br /> <br /> <a href="http://www.hillwallack.com/david-j-truelove">David J. Truelove</a> is a partner in the Yardley, Pa. office of Hill Wallack LLP and is chair of the firm&rsquo;s Employment &amp; Labor Law practice group. His areas of concentration include municipal and school law, labor law, employment matters and complex litigation. At a time when local government budgets are strained to their limits, Mr. Truelove is a recognized labor lawyer, who has successfully represented municipalities, school districts and other public entities throughout Bucks County, Montgomery County and the surrounding region in a wide variety of high-profile collective bargaining matters, including contract negotiations, grievances, arbitrations, unfair labor practices and organizational matters.<br /> <br /> <strong>About Hill Wallack LLP<br /> </strong><br /> Founded in 1978, Hill Wallack LLP is a leading full service law firm with offices in Princeton and Cedar Knolls, New Jersey and Yardley, Pennsylvania. Our regional strength places us in an ideal position in today&rsquo;s market. With over 70 attorneys, our mid-market size allows us to provide sophisticated, high-level service to clients in a cost-efficient, responsive manner. Our attorneys represent individual and entities in banking, business &amp; commercial, community associations, creditors&rsquo; rights, employment &amp; labor law, family law, insurance, land use, litigation and real estate. For more information, please visit www.hillwallack.com. <div style="text-align: center;">###</div>http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Hill Wallack LLP Continues Growth of Its Bucks County Office with Addition of Four Attorneyshttp://www.hillwallack.com/?t=40&an=70442&format=xml&p=531030 Oct 2017News Release<p><b>Princeton, NJ October 30, 2017 --- </b>Four lawyers have recently joined Hill Wallack LLP&rsquo;s Yardley, Pennsylvania office.</p> <p><a href="http://www.hillwallack.com/robert-a-stewart"><b>Robert A. Stewart</b></a> is a partner and member of the Trusts &amp; Estates practice group. Bob brings 30 plus years of experience in trusts and estates practice area as well as business succession planning expertise.</p> <p>Bob concentrates his practice in the areas of Estate Planning, Estate Administration, Trusts and Trust Administration, and Taxation of Estates and Trusts. He focuses on the preparation of wills, revocable living trusts, irrevocable life insurance trusts, dynasty trusts, asset protection trusts, charitable trusts, powers of attorney and living wills; in the business succession planning arena, Bob is well versed in the creation of family limited partnerships and limited liability companies and the implementation of other wealth transfer and preservation techniques and income tax planning for business owners including the use of tax-qualified retirement plans; preparation of buy-sell, employment, deferred compensation, and stock-bonus agreements. In addition, Bob has significant probate related litigation experience including will contests, undue influence claims and the defense of and objections to fiduciary accountings and audits.</p> <p>Bob earned his J.D. from Widener University School of Law and a Master of Laws in Taxation from Villanova University School of Law. He is admitted to practice law in Pennsylvania, New Jersey, the United States District Court for Eastern Pennsylvania and the District of New Jersey.</p> <p><a href="http://www.hillwallack.com/chimdi-ginsburg-tuffs"><b>Chimdi Ginsburg Tuffs</b></a> is an associate and member of the Trial &amp; Insurance Defense practice group. Chimdi focuses her practice in civil litigation, representing insureds, employers, and third-party administrators throughout Pennsylvania.</p> <p>Chimdi began her legal career as an Assistant District Attorney in Philadelphia and then the Borough of Richmond, NYC (Staten Island) where she tried over 150 bench trials and six jury trials to verdict.</p> <p>Chimdi earned her J.D. from Temple University-Beasley School of Law and her B.A. in English Literature from Columbia University&rsquo;s Columbia College She is admitted to practice in the Commonwealth of Pennsylvania, the State of New Jersey and the State of New York.</p> <p><a href="http://www.hillwallack.com/benjamin-wr-hauser"><b>Benjamin W.R. Hauser</b></a> is an associate and a member of the Employment &amp; Labor Law, School Law and Municipal practice groups.</p> <p>Ben focuses his practice on advising school district clients regarding personnel issues and school policy and has been involved in school district fact finding, school district employee arbitrations, and unfair labor practice litigation before the Pennsylvania Labor Relations Board. He also counsels Townships and Municipal Authorities on matters concerning municipal liens and is experienced in litigation involving municipal claims.</p> <p>Prior to joining Hill Wallack, Ben served as a Judicial Law Clerk for the Honorable C. Theodore Fritsch, Jr. of the Court of Common Pleas of Bucks County.&nbsp;</p> <p>Ben earned his J.D. from Syracuse University College of Law and his A.B., <i>cum laude</i>, from Lafayette College in Government and Law and in Economics and Business. He is admitted to practice in the Commonwealth of Pennsylvania, the State of New Jersey and the Eastern District of Pennsylvania.</p> <p><a href="http://www.hillwallack.com/jill-m-fein"><b>Jill M. Fein</b></a> is an associate and a member of the Creditors&rsquo; Rights/Bankruptcy practice group.</p> <p>Jill concentrates her practice in all areas of creditors&rsquo; rights, including foreclosures, landlord-tenant matters, and ejectments, as well as other property- related litigation. She also is an integral member of the commercial litigation team, drafting pleadings, conducting research and preparing and responding to discovery.&nbsp;</p> <p>Jill earned her J.D. from Syracuse University College of Law and she earned her B.A. cum laude in Political Science from Siena College. She is admitted to practice law in Pennsylvania, New Jersey, the U.S. District Court for the Eastern District of Pennsylvania and the U.S. District Court for New Jersey.</p> <p><b>About Hill Wallack LLP</b></p> <p>Founded in 1978, Hill Wallack LLP is a leading full service law firm with offices in Princeton and Cedar Knolls, New Jersey and Yardley, Pennsylvania. Our regional strength places us in an ideal position in today&rsquo;s market. With over 70 attorneys, our mid-market size allows us to provide sophisticated, high-level service to clients in a cost-efficient, responsive manner. Our attorneys represent individual and entities in banking, community associations, creditors&rsquo; rights, employment &amp; labor law, family law, insurance, land use, litigation and real estate. For more information, please visit <a href="https://protect-us.mimecast.com/s/DzYnBgumN1lCE?domain=hillwallack.com" target="_blank"><span>www.hillwallack.com</span></a>.</p> <p align="center"><b>###</b></p>http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10A Financing Festival - A portion of the proceeds will be donated to the National Breast Cancer Foundationhttp://www.hillwallack.com/?t=40&an=69646&format=xml&p=555526 Oct 2017Event<span style="font-size: medium;">Please join us! <br /> <br /> This financing festival will be a 3-hour informational session on New Jersey Sheriff Sales and their financing complete with food and drink.&nbsp; </span><br /> <br /> <img src="http://www.hillwallack.com/D444E6/assets/images/Random/Capturerevised.JPG" alt="" hspace="0" height="514" width="1027" vspace="0" border="0" align="absmiddle" />http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Hill Wallack LLP Partner Supti Bhattacharya to speak at NJSBA seminar in Madridhttp://www.hillwallack.com/?t=40&an=69301&format=xml&p=555523 Oct 2017Event<h3><span>How the Lack of Gender, Ethnic and Cultural Diversity Impacts Litigation in Europe and Around the World<br /> </span></h3> <p>Formulated from topics in current periodicals, this seminar will examine various diverse perspectives about arbitration and litigation and the idea that there is a need for a different approach for who sits at the bargaining tables. This discussion will look at the comparison of approaches in arbitration and litigation in Spain and the U.S. &ndash; and the vital place for professionalism and civility in the practice. Articles will be provided.</p> <p style="text-align: center;"><span style="font-size: medium;">Monday, October 23, 2017<br /> 8:30 - 9:45 a.m. <br /> The Westin Palace, Madrid<br /> Matahari Room </span></p> <p><span>Presenters:<br /> </span><br /> Raquel Ballesteros, Bird &amp; Bird <br /> Angela M. Scafuri, Esq., Bressler Amery Ross <br /> Moderator/Speaker: Kimberly A. Yonta, Esq., NJSBA Second Vice President, Yonta Law, LLC <br /> <a href="http://www.hillwallack.com/supti-bhattacharya"><span style="color: rgb(51, 102, 255);">Supti Bhattacharya, Esq.</span></a>, Hill Wallack, LLP<br /> Christina Hardman-O'Neal, Esq., Davison Eastman Munoz Lederman &amp; Paone, PA</p> <p>&nbsp;</p>http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10Hill Wallack LLP attorney Matthew L. Devine to moderate seminar at Temple Law Schoolhttp://www.hillwallack.com/?t=40&an=69532&format=xml&p=555519 Oct 2017Event<p><i><span>&nbsp;</span></i><i><br /> </i><span style="font-size: medium;"><strong>How Do Attorneys Add Value to Startups and Investors?</strong></span> <a href="http://www.hillwallack.com/matthew-l-devine"><span style="color: rgb(51, 102, 255);"><br /> <br /> Matthew L. Devine</span></a> will be moderating a panel of entrepreneurs, angel investors, and startup industry leaders in the greater Philadelphia-area. This panel will feature representatives from the angel investment network Robin Hood Ventures, the co-working space operator Benjamin&rsquo;s Desk, and the entrepreneur-development program Venture for America, as well as senior attorneys from several Philadelphia-area law firms. The focus of the event will be on the role attorneys play in the development of startup firms and how attorneys can add the most value to their clients.</p> <p>&nbsp;</p>http://www.hillwallack.com?t=39&format=xml&directive=0&stylesheet=rss&records=10