Author Info for Stark & Stark

Ian Abovitz

Snow Squall Causes 40 Car Crash on I-81 in Schuylkill County, PA

A heavy snowfall with blustery winds was responsible for a crash involving as many as 40 vehicles on I-81 in Schuylkill County at about 10:30 am on Monday morning. These weather conditions are commonly known as a “snow squalls,”…more

Car Accident, Severe Weather

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Joseph Antonakakis

Bitcoin for Investment Advisers - Integrating Bitcoin into Client Portfolios

The SEC approved eleven spot Bitcoin ETFs on January 10, 2024. As a result, investment advisers may be curious about whether or how to integrate Bitcoin ETFs into client portfolios. This blog is intended to provide an update on…more

Bitcoin, Compliance, Disclosure Requirements, ETFs, Fees

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Mary Barrett

New Structural Integrity Law In New Jersey - Community Association Compliance Required

As we enter the last quarter of 2024, we want to again remind our New Jersey community association clients to review whether their buildings require structural inspections pursuant to the new Structural Integrity Law (N.J.S.A…more

Building Inspectors, Community Associations, Compliance, Condominium Associations, Corporate Governance

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Richard Belli

Workplace Liability When a Third Party is Negligent

When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three basic…more

Duty of Care, Employer Liability Issues, Independent Contractors, Negligence, Third-Party

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Edward Berman

New Structural Integrity Law In New Jersey - Community Association Compliance Required

As we enter the last quarter of 2024, we want to again remind our New Jersey community association clients to review whether their buildings require structural inspections pursuant to the new Structural Integrity Law (N.J.S.A…more

Building Inspectors, Community Associations, Compliance, Condominium Associations, Corporate Governance

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Vicki Beyer

What Are the Different Kinds of Workers’ Compensation Settlements in New Jersey?

In New Jersey, your workers’ compensation claim can be settled in one of two ways: an Order Approving Settlement or an Order Approving Settlement with Dismissal…more

Jurisdiction, Rules of Civil Procedure, Settlement, Workers Compensation Awards, Workers' Compensation Claim

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J. Robert Bratman

Navigating New Jersey's Personal Injury Dog Bite Law: What You Need to Know

Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries from…more

Bodily Injury, Damages, Dog Attacks, Dogs, Evidence

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Zachary Breidenbach

Commercial Foreclosures in Pennsylvania: How Deal Formation Impacts Litigation

The fact that commercial transactions can very easily become complex is not a novel statement. When financial institutions lend money to commercial entities, the basic documentation required to evidence the loan, promise to…more

Breach of Contract, Collateral, Commercial Loans, Contract Terms, Default

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Brian Carlis

[Event] RIA Compliance and Legal Strategies Conference - June 1st, Wayne, PA

The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE credits…more

Acquisitions, Arbitration, Audits, Compliance, Confidentiality Agreements

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Stefanie Colella-Walsh

A Simple Guide to Exactech Hip, Knee and Ankle Replacement Lawsuits and Settlements

How Do I Know If I Have a Exactech Claim? STEP 1: Obtain Medical Records - We have written extensively about the different types of defects in certain Exactech products, and the various causes of those defects,…more

Claim Procedures, Medical Devices, Medical Records, Product Defects, Product Recalls

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James Creegan

Navigating Workers' Compensation for Repetitive Stress Injuries

The term ‘repetitive stress injury’ covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains, and…more

Bodily Injury, Insurance Industry, National Institute of Health (NIH), Workers' Compensation Claim, Workplace Injury

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Stephen Di Stefano

Road Safety Tips for Motorists, Cyclists, and Pedestrians

As spring arrives and the weather is warming up, more and more people are spending time outdoors. After a particularly cold winter this past year, it’s refreshing to finally enjoy the outdoors and do some fun things we missed…more

Car Accident, Motor Vehicles, Public Safety

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Timothy Duggan

Infrastructure Spending's Impact On Franchise Sites

Over the next five years, the federal government expects to spend over a trillion dollars on a wide range of infrastructure projects, including road widenings, bridge repairs, and upgrading mass transit and the power grid (to…more

Bridges, Commercial Property Owners, Commercial Tenants, Eminent Domain, Franchisee

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Deborah Dunn

School Bus Crash in Burlington County Injures Fourteen Students

Every parent’s worst nightmare came true this past Tuesday in Medford Township in Burlington County, New Jersey when a school bus dropping students off after school collided with a utility truck…more

Bodily Injury, Bus Accidents, Students

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Rosemary Durkin

The Internal Revenue Service (IRS) Issues Proposed Minimum Distribution Rules

The Internal Revenue Service (IRS) recently issued much anticipated proposed regulations that clarify and revise some of the required minimum distribution (RMD) rules for qualified plans (i.e. 401ks, 403bs, etc.) and individual…more

Beneficiaries, IRS, Proposed Rules, Qualified Retirement Plans, Required Minimum Distributions

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James Evans

New Jersey’s Nursing Homes: A Closer Look at CMS’s Special Focus Facilities

In April of 2024, Centers for Medicare & Medicaid Services (CMS) updated their list of Special Focus Facilities. Special Focus Facilities (SFFs) are “nursing homes that have a history of serious quality issues and are included…more

Centers for Medicare & Medicaid Services (CMS), Enforcement Priorities, Healthcare Fraud, Medicaid, Nursing Homes

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A. Christopher Florio

New Structural Integrity Law In New Jersey - Community Association Compliance Required

As we enter the last quarter of 2024, we want to again remind our New Jersey community association clients to review whether their buildings require structural inspections pursuant to the new Structural Integrity Law (N.J.S.A…more

Building Inspectors, Community Associations, Compliance, Condominium Associations, Corporate Governance

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Steven Friedman

The Internal Revenue Service (IRS) Issues Proposed Minimum Distribution Rules

The Internal Revenue Service (IRS) recently issued much anticipated proposed regulations that clarify and revise some of the required minimum distribution (RMD) rules for qualified plans (i.e. 401ks, 403bs, etc.) and individual…more

Beneficiaries, IRS, Proposed Rules, Qualified Retirement Plans, Required Minimum Distributions

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Joseph Gable

What Is Uninsured and Underinsured Motorist Coverage?

If you own a vehicle in New Jersey, you are required to carry auto insurance. For many people, it is as simple as that, and they try to obtain the cheapest policy possible to meet the legal requirements. But sadly, many…more

Auto Insurance, Car Accident, Uninsured and Under-Insured Motorists

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Stephen Galletto

[Event] RIA Compliance and Legal Strategies Conference - June 1st, Wayne, PA

The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE credits…more

Acquisitions, Arbitration, Audits, Compliance, Confidentiality Agreements

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Bhaveen Jani

What to Do After a Car Collision: Essential Steps to Protect Yourself

Being involved in a car accident can be a terrifying experience, often leaving you in a state of shock and confusion. However, taking the right steps immediately after a collision can help mitigate damages and ensure your…more

Bodily Injury, Car Accident

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Brian Kasper

The Role of NJ's Chancery Division in Administering Justice Beyond Monetary Damages

What is the Chancery Division? What does equitable relief mean? These are among the many questions posed by litigants facing either a claim filed in the Chancery Division or seeking legal assistance for complex claims seeking…more

Damages, Equitable Relief, Jurisdiction, State Courts

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Thomas Kellerman

Ensuring Compliance: The 2023 DOL Retrospective Review

The Department of Labor (“DOL”) continues to require the completion of a Retrospective Review. The Retrospective Review (the “Review”) requirement of Prohibited Transaction Exemption 2020-02 (the “PTE”) is designed to assist in…more

Best Execution, Compliance, Department of Labor (DOL), Investment Adviser, Prohibited Transactions

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Marshall Kizner

The How, When, and Why of Franchise Termination in New Jersey

Terminating a franchise can pose several potential pitfalls and expose a franchisor to significant liability. A franchisor may not simply cancel, terminate, or refuse to renew a franchisee for just any reason…more

Breach of Contract, Contract Termination, Contract Terms, Franchise Agreements, Franchisee

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Jeffrey Krawitz

Product Defect Representation for Tesla Supercharger Injuries

Automotive giant Tesla is facing increasing criticism following allegations that the company failed to implement adequate warnings and safety measures on its popular Tesla Supercharger stations. The scrutiny arose after one…more

Automotive Industry, Bodily Injury, Charging Stations, Destruction of Evidence, Electric Vehicles

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Jeffrey Lang

[Event] RIA Compliance and Legal Strategies Conference - June 1st, Wayne, PA

The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE credits…more

Acquisitions, Arbitration, Audits, Compliance, Confidentiality Agreements

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Joseph Lemkin

Express Fast Tracks Chapter 11 Bankruptcy Filing

Express, Inc., the fashion mall retailer, filed for Chapter 11 bankruptcy protection in the District of Delaware Bankruptcy Court, docket #24-10831 (KBO) on April 22, 2024. This is the second retailer bankruptcy…more

Chapter 11, Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Tenants

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John Maloney

[Event] RIA Compliance and Legal Strategies Conference - June 1st, Wayne, PA

The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE credits…more

Acquisitions, Arbitration, Audits, Compliance, Confidentiality Agreements

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Denise Mariani

Senior Care Strategies: How to Prepare for Life's Later Stages

With continuing advances in medicine, nutrition, and wellness, people are living longer. We all want to age like the characters on the popular sitcom “Golden Girls,” whose “golden years” seem fabulous and filled with…more

Assisted Living Facilities (ALFs), Elder Care, Elder Issues, Estate Planning, Healthcare Facilities

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Gene Markin

Oh, My Hemp! The Legality of Intoxicating Hemp Products and the Problems with New Jersey’s New Hemp Law

On the heels of the enactment of New Jersey’s new hemp law (L. 2024, c. 73; Senate Bill No. 3235) (the “Intoxicating Hemp Bill”) amending the definition of “legal” hemp and limiting the production and sale of…more

Cannabidiol (CBD) oil, Cannabis Products, Constitutional Challenges, Dormant Commerce Clause, Farm Bill

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Tanner Maybury

Understanding Your Rights: Workers’ Compensation in New Jersey

Navigating the aftermath of a workplace injury can be overwhelming. However, knowing your rights under the New Jersey’s workers’ compensation laws can provide the clarity and confidence needed to ensure you receive the benefits…more

Disability Benefits, Employee Rights, Workers' Compensation Claim, Workplace Injury

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Jennifer Millner

Navigating the Realm of Children's Expenses When Seeking Child Support: A Comprehensive Guide

Raising children is perhaps one of the most rewarding, yet financially demanding, journeys. From infancy to adulthood (and sometimes thereafter), parents face a multitude of expenses that evolve as their children grow…more

Child Custody, Child Support, Divorce, Financial Planning

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Ronald Minsky

More Than $390 Million in Penalties for Recordkeeping Failures

The Securities and Exchange Commission (SEC) announced charges against 26 broker-dealers, investment advisers, and dually-registered firms for widespread and longstanding failures to maintain and preserve electronic…more

Broker-Dealer, Cease and Desist Orders, Civil Monetary Penalty, Electronic Communications, Enforcement Actions

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Robert Morris

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 3:00 pm - 4:00 pm PDT

Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship…more

Contested Proceedings, Disabled Children, Guardians, Guardianships, Incapacitated Persons

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Paul Norris

Construction Liens - What is a Lien Fund?

Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In general…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Thomas Onder

Not a BIG Surprise, BIG LOTS Files for Chapter 11 Bankruptcy

Big Lots, the Ohio-based retail chain that sells furniture, home décor, and other items at almost 1,400 stores nationwide, filed for Chapter 11 bankruptcy protection on Monday in the District of Delaware, docket 24-11686…more

Big Lots, Chapter 11, Commercial Bankruptcy, Creditors, Popular

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Andrew Podolski

New Structural Integrity Law In New Jersey - Community Association Compliance Required

As we enter the last quarter of 2024, we want to again remind our New Jersey community association clients to review whether their buildings require structural inspections pursuant to the new Structural Integrity Law (N.J.S.A…more

Building Inspectors, Community Associations, Compliance, Condominium Associations, Corporate Governance

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Dipa Rapole

The Significance of Title Insurance in Real Estate

If you have experienced the process of purchasing or selling real estate, it is likely that you have come across the phrase “clear title.” The concept of clear title is two-fold. Clear title deals with the property itself,…more

Chain of Title, Closing Costs, Encroachments, Policy Terms, Property Liens

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Bianca Roberto

Navigating Commercial Real Estate Litigation in Pennsylvania

Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog…more

Commercial Leases, Commercial Property Owners, Condemnation, Construction Contracts, Contract Disputes

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Jillian Roth

Back to School Safety Tips: A Lawyer’s Guide to Protecting Your Child from Abuse, Bullying, and Sexual Misconduct

As the school year begins, parents often focus on purchasing supplies, setting routines, and ensuring their child is ready for the academic challenges ahead. However, a crucial aspect that should not be overlooked is the…more

Bullying, Child Abuse, Minors, Public Schools, School Safety

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Keith Salmeri

New York Commercial Finance Disclosure Law

On December 23, 2020, then Governor Andrew Cuomo signed into law NY CLS Fin Serv §§ 801-812 (the “Disclosure Law”) with the intended purpose of “requiring certain providers that extend specific terms of commercial financing to a…more

Commercial Loans, Corporate Finance, Disclosure Requirements, Financing, Governor Cuomo

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Domenic Sanginiti

Why Am I Asked if I Am Carrying a Lithium-Ion Battery on a Plane?

Once you enter the airport, you will immediately notice signs asking if you are checking any device which may have a lithium-ion battery. The real question is, why are they asking?…more

Airplane Accidents, Airports, Batteries, Federal Aviation Administration (FAA), Hazardous Substances

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John Randy Sawyer

New Structural Integrity Law In New Jersey - Community Association Compliance Required

As we enter the last quarter of 2024, we want to again remind our New Jersey community association clients to review whether their buildings require structural inspections pursuant to the new Structural Integrity Law (N.J.S.A…more

Building Inspectors, Community Associations, Compliance, Condominium Associations, Corporate Governance

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David Schmid

Mulch Fires: What You Should Know Before Starting Your Spring Gardening

It’s springtime! We made it through another cold winter. Now, the days are growing longer, daffodils are in bloom and many people are gearing up for weekends in the yard. Gardening and landscaping can be rewarding ways to spend…more

Fires, Safety Precautions

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Martin Schrama

A Simple Guide to Exactech Hip, Knee and Ankle Replacement Lawsuits and Settlements

How Do I Know If I Have a Exactech Claim? STEP 1: Obtain Medical Records - We have written extensively about the different types of defects in certain Exactech products, and the various causes of those defects,…more

Claim Procedures, Medical Devices, Medical Records, Product Defects, Product Recalls

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Chinsu Shajan

[Event] Fireside Chat with the Honorable Judge Rukhsanah L. Singh - May 21st, Hamilton, NJ

Join Stark & Stark’s Diversity, Equity & Inclusion Committee on May 21 for a special AAPI Month event featuring the Honorable Judge Honorable Judge Rukhsanah L. Singh, the first female of South Asian descent to serve as a…more

Diversity, Events, Heritage & Culture, Judges, Leadership

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Brian Shea

Understanding Workers’ Compensation Costs and Fees in New Jersey

This is a common question, and it is necessary to fully understand the costs and fees that will be deducted from your award as you consider a potential settlement or are reviewing a judgement by a Judge of Compensation. The…more

Attorney's Fees, Child Support, Fees, Litigation Fees & Costs, Medicaid

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Adam Siegelheim

McDonald’s Closure of Russian Locations Spotlights the Proper Way to Franchise Internationally

Recently, McDonald’s has been receiving much attention for its closure of restaurants in Russia due to Russia’s aggression into Ukraine. As part of the coverage, news outlets have been reporting on some of the underlying…more

Business Expansion, Cross-Border, Franchise Agreements, Franchisee, Franchises

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Tara Speer

FTC Bans Employment Non-Competes Nationwide

After a year of uncertainty, the FTC has issued a Final Rule banning employment non-competes nationwide. The Commission has determined that non-competes themselves constitute an unfair method of competition in violation of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, FTC Act

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Rachel Stark

Don’t Let Your LLC Expire: LLC Owners Should Check Formation Documents to Confirm Perpetual Duration

When the New Jersey Limited Liability Company Act originally went into effect in January 1994, the Internal Revenue Service required that a limited liability company have at least a majority of the characteristics of a…more

Business Entities, Business Formation, Corporate Governance, Corporate Taxes, IRS

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Bruce Stern

Quantifying the Economic Impact of Traumatic Brain Injury: Employment and Income Loss

A new study published in the JAMA Surgery examined the relationship between TBI and unemployment. The authors studied the labor market consequences of traumatic brain injury for tax-filing Canadian survivors in the 3 years…more

Canada, JAMA, Traumatic Brain Injuries, Unemployment

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R. Tyler Tomlinson

Beware: New PA Law Mandates Fines for Not Clearing Snow & Ice From Vehicles

Cars and Trucks now must be cleared of snow and ice within 24 hours of a snowstorm. With winter here early, drivers are now required to clear snow and ice from their vehicles within 24 hours of a snowstorm and before driving…more

Car Accident, Drivers

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Scott Unger

United States Senate Judiciary Committee Advances Protecting Older Americans Act Bill

The United States Senate Judiciary Committee, with bipartisan support, has advanced the Protecting Older Americans Act Bill. The bill, which was introduced by Kirsten Gillibrand, D-N.Y., and Lindsey Graham, R-S.C., heads to the…more

Age Discrimination, Arbitration, Employer Liability Issues, Mandatory Arbitration, Mandatory Arbitration Clauses

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Melissa Volet

New Structural Integrity Law In New Jersey - Community Association Compliance Required

As we enter the last quarter of 2024, we want to again remind our New Jersey community association clients to review whether their buildings require structural inspections pursuant to the new Structural Integrity Law (N.J.S.A…more

Building Inspectors, Community Associations, Compliance, Condominium Associations, Corporate Governance

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Alexis Wiggley

The Corporate Transparency Act and Reporting Requirements

On January 1, 2024, the Corporate Transparency Act, 33 U.S.C. §5336, (the “CTA”) took effect and strict compliance must be met by all entities and individuals to which it applies. The CTA adds reporting requirements for…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, Customer Due Diligence (CDD)

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Jason Zajdel

Sexual Assault at Holy Ghost Prep - Administrator Terminated After Misconduct Allegations Surface

According to phillyburbs.com, former administrator and hockey manager, Ryan Abramson, was terminated from employment at Holy Ghost Preparatory after an internal investigation into allegations of sexual misconduct dating back 20…more

Criminal Investigations, Employee Misconduct, Sexual Assault, Termination, Willful Misconduct

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