June 24, 2020 | New Jersey Law Journal
Third Circuit Finds Restrictions on Political Activity Violate Exacting Scrutiny Standard of ReviewLegislatures 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 ProfessionLaw 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 RescueIn 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 CompensationThe 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 ContractsExecutive 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 ProvisionsOne 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 ContractDrafting 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 RescueIn 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 DifferenceFor 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 PlansSince 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