Post-Divorce Cash Flow and Financial Workability
April 02, 2015
Once a stipulation of settlement is entered into or a divorce has been finalized, courts are reluctant to change the terms. If a client complains that he or she was uninformed, made a poor financial decision, or did not properly handle the assets post-divorce, the likelihood of modification or reformation is, at best, slim.
<b><i>Practice Tip:</b></i> Health Savings Accounts As Assets in a Divorce
April 02, 2015
As health care options continue to evolve, there has been a proliferation of high-deductible plans with the most popular being a health savings accounts (HSA). This plan takes advantage of the unique tax rules created by the IRS to maximize pre-tax contributions and appreciation on investments made within the account.
Alimony Reform in 2014: A Review
February 28, 2015
After almost three years of legislative debate over proposed versions of the law, alimony reform has now come to New Jersey. This article reviews the reform of the New Jersey Alimony Statute, and discusses how those changes compare with the reform of alimony laws in other states.
'Independent Covenant' Language
February 28, 2015
Most often, a former employee will claim that the former employer breached the employment agreement . When such a defense is raised, an injunction hearing that should focus on the former employee's wrongful post-employment conduct instead often digresses into an argument about what compensation agreement existed and whether the former employer breached that agreement .
President Obama's Executive Action on Immigration
February 28, 2015
Headlining the Executive Actions announced by President Obama on Nov. 20, 2014, were plans to defer the removal of, and to provide work authorization to, undocumented immigrants who have lived in the United States for more than five years and are parents of U.S. citizens or lawful permanent residents. In addition, the administration will expand the existing Deferred Action for Childhood Arrivals (DACA) initiative.
<i>EEOC v. Ruby Tuesday</i>
February 28, 2015
Ruby Tuesday Inc. is a restaurant chain known throughout the U.S. for its burgers and casual family-friendly atmosphere. Unfortunately for the company, the U.S. Equal Employment Opportunity Commission (EEOC) apparently wants to make it known for something less savory: a novel approach to sex discrimination.
Brokerage Windows in Retirement Plans
February 28, 2015
A discussion of recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.
Workplace Bullying Laws and Litigation
January 31, 2015
While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
Top 10 International Employment Law Issues
January 31, 2015
This article compiles and describes, with varying degrees of specificity, what appear, to this author, to be the top 10 global employment law issues facing employers in 2015. They are listed in reverse order.
Secured Lender Primes Earlier Federal Tax Lien
January 31, 2015
The Fourth Circuit, recently held in a split decision that a lender's unrecorded lien primed an earlier unrecorded federal tax lien on a Chapter 11 debtor's real property. The case reassures secured lenders unaware of a borrower's preexisting tax lien, however, as it protects them against the government's nondisclosure.
