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New Jersey Law Journal

Foreign Investors: Understanding the Chapter 11 Sale Process

A look at the Chapter 11, section 363 sale process, and the less common plan process. Plus, certain US regulations may be applicable in Chapter 11 when assets are sold to foreign investors. These US regulations are also addressed in this article.
8 minute read

New Jersey Law Journal

A Short Primer on Defending Lawsuits to Recover Preferential Transfers

The Bankruptcy Code and state insolvency laws contain several defenses to the recovery of preferential transfers which often reduce or eliminate the preference exposure in many, if not most, cases. This article provides an overview of the defenses and suggestions to obtain the best settlement possible.
9 minute read

New Jersey Law Journal

PPP Loan Liability and Bankruptcy: Proceed with Caution

Borrowers should carefully assess the accuracy of their loan applications, as well as the evidence of supporting documentation, prior to filing petitions for bankruptcy relief.
7 minute read

New Jersey Law Journal

FAMILY LAW

Child custody agreements after COVID-19; how substance abuse and addiciton affect child custody; helping clients navigate DCPP involvement in their case; navigating the virtual family law mediation process; and what constitutes a 'prima facie' showing of cohabitaion.
2 minute read

New Jersey Law Journal

How to Best Navigate the Virtual Family Law Mediation Process

Mediators from across New Jersey weigh in with tips for effective, resolution-oriented attorney-mediator relationships.
9 minute read

New Jersey Law Journal

Handling a Referral to the Division of Child Protection and Permanency

When the Division becomes involved in any family matter, it is reasonable to expect a client to feel uneasy and anxious. But DCPP involvement should be a situation that family law counsel can help clients navigate with confidence.
9 minute read

New Jersey Law Journal

Cohabitation Frustration: A Primer on 'Prima Facie'

Cohabitation cases are fact-sensitive, and it can be difficult to determine whether a payor spouse has evidence sufficient to make a "prima facie" showing of cohabitation. The purpose of this article is to provide clarity and direction to get past the prima facie hurdle in cohabitation cases.
10 minute read

New Jersey Law Journal

Substance Abuse and Addiction in the Context of Child Custody Disputes

Like many any other personal shortcomings, the fact that a person is a habitual drug user and/or addict does not mean that they are a bad parent. Addicts can and often do recover (with treatment and hard work). Children of addicts can have a normal relationship with their parent after the parent has recovered.
14 minute read

New Jersey Law Journal

Post-Pandemic, Child Custody Agreements Will Never Be the Same 

If family lawyers learned anything in 2020, it is that custody and parenting time arrangements require great flexibility to endure and successfully protect children's best interests in the event of a public health emergency.
9 minute read

New Jersey Law Journal

PRODUCT LIABILITY and CLASS ACTION

Pursuing product liability claims under the Consumer Fraud Act; manufacturers can be strictly liable for products made and sold by others; NJ's Appellate Division addresses the 'technical feasibility' requirement in design-defect claims; practical guidance from lithium-ion battery litigation; and federal preemption of 'structure/function' claims regarding dietary supplements.
2 minute read

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