Steven H Sholk

Steven H Sholk

June 24, 2020 | New Jersey Law Journal

Third Circuit Finds Restrictions on Political Activity Violate Exacting Scrutiny Standard of Review

Legislatures must take great care in crafting statutory schemes that regulate political activity so that the statute employs means closely drawn to protect an important government interest.

By By William J. Palatucci and Steven H. Sholk

9 minute read

February 28, 2018 | Pro Mid Market

The Economic Basis for Greater Diversity in the Legal Profession

Law firms should embrace diversity and strive to increase and retain their minority ranks not just as a form of corporate social responsibility, but also because it makes economic sense.

By Robert L. Johnson and Steven H. Sholk

6 minute read

November 20, 2006 | New Jersey Law Journal

ERISA Pre-emption to the Rescue

In a case of first impression, a federal court in Maryland struck down Maryland's pay-or-play health care statute, finding ERISA pre-empts the act setting a minimum large employers must pay toward employee health insurance.

By Steven H. Sholk

9 minute read

August 12, 2008 | New Jersey Law Journal

New IRS Ruling Complicates Executive Compensation

The IRS ruled that an officer's entitlement to compensation results in the disallowance on termination of the corporation's deduction when the corporation pays the compensation on achievement of goals.

By Steven H. Sholk

8 minute read

January 09, 2006 | New Jersey Law Journal

Curtailing 'Pay to Play' in State Contracts

Executive Order 134 provides a set of complex rules that prohibit state agencies from contracting with business entities that make certain campaign contributions at the state and county level.

By Steven H. Sholk

8 minute read

January 05, 2007 | New Jersey Law Journal

Negotiating Bonus Provisions

One of the critical tasks for counsel representing executives entering into or renewing employment agreements is negotiating and drafting the bonus provisions, which are often a large component of an executive's compensation package.

By Steven H. Sholk

10 minute read

October 13, 2006 | Law.com

Increase the Chances of Smooth Sailing With a Grammatically Correct Contract

Drafting a contract? Then you might want to pull out your old grammar book. Attorney Steven H. Sholk discusses a case from Canada where a government commission found that the placement of a comma made a big difference in construing a termination clause. Although relying on the rules of grammar provides no guarantee, it may help the writer argue for his or her interpretation in a dispute.

By Steven H. Sholk

7 minute read

November 30, 2006 | Law.com

ERISA Pre-emption to the Rescue

In a case of first impression, a federal court in Maryland struck down the state's pay-or-play health care statute, which required for-profit employers to spend up to 8 percent of the total wages paid to Maryland employees on health insurance costs. In July Judge J. Frederick Motz held the Fair Share Health Care Fund Act is pre-empted by ERISA. The decision is being appealed to the 4th Circuit, and resolution will likely turn on the public policy the court wishes to promote, says attorney Steven Sholk.

By Steven H. Sholk

9 minute read

October 02, 2006 | New Jersey Law Journal

It's a Comma That Makes a Difference

For business lawyers who toil with drafting the phrases in the contracts that govern the mundane affairs of this world, a comma can make a difference.

By Steven H. Sholk

7 minute read

February 28, 2005 | New Jersey Law Journal

Employers Given Time to Amend Plans

Since the American Jobs Creation Act became law in October 2004, there was clearly insufficient time for employers to amend arrangements by Dec. 31, 2004 to comply with the act. A new IRS notice provides transition relief to prevent noncompliance that would result in the inclusion of income, a 20 percent penalty and interest charge.

By Steven H. Sholk

9 minute read