Author Info for Greenbaum, Rowe, Smith & Davis LLP

Lauren M. Ahern

The New Jersey Economic Recovery Act Of 2020: An Overview Of The New Jersey Innovation Evergreen Act

The New Jersey Economic Recovery Act of 2020, a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and numerous…more

Business Development, Capital Investments, Certifications, Community Development, Economic Growth

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Michael Backer

Wealth Transfer Strategies to Consider in the Age of COVID-19

The COVID-19 pandemic has disrupted our lives and shifted our priorities in an unprecedented manner. Against this backdrop of uncertainty, though, opportunities in estate planning abound. Basic planning documents, such as…more

AFR, Coronavirus/COVID-19, Estate Tax, Estate-Tax Exemption, Gift Tax

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Jennifer Belardo

The CMS Managed Care Final Rule: Access Standards, Consumer Surveys, Payment Standards and More for Managed Medicaid and CHIP

Greenbaum healthcare attorneys Neil M. Sullivan and Jennifer A. Belardo analyze the CMS’s Medicaid and Children’s Health Insurance Program (CHIP) Managed Care final rule – and its impact on states, healthcare providers, and…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Health Care Providers, Health Insurance

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Maura Blau

Garden State C-PACE Program Update: EDA Issues Updated Program Guidelines and Draft Supplemental Guidelines

On May 29, 2024, the New Jersey Economic Development Authority (EDA) posted updated program guidelines along with draft supplemental guidelines for the Garden State Commercial Property Assessed Clean Energy (C-PACE) program. …more

Clean Energy, Commercial Property Owners, Construction Project, Economic Development, Energy Projects

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David Bruck

Potential Bankruptcy Strategies for Stakeholders in Real Estate Transactions; Relevant Provisions of the U.S. Bankruptcy Code

In light of the ongoing economic impacts of the COVID-19 pandemic, and although Chapter 11 of the U.S. Bankruptcy Code pertains to many industries, there are certain real estate related provisions of which owners and tenants…more

Bankruptcy Code, Chapter 11, Coronavirus/COVID-19, Mortgages, Real Estate Financing

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Joel Clymer

U.S. Supreme Court Halts Enforcement of OSHA Vaccine Mandate for Private Employers

What You Need to Know- •The U.S. Supreme Court granted a temporary stay of OSHA’s requirement mandating that certain private employers require employees to be fully vaccinated against COVID-19 or be subject to weekly…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates

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Michael Coskey

New Jersey Local Property Taxation Update: An Overview of Material Depreciation in Value Post-Valuation Date

What You Need to Know - •New Jersey property owners should be aware of the statutory framework, related deadlines, and application of those deadlines within the context of the valuation of property for local taxation purposes…more

Depreciation, New Jersey, Property Owners, Property Tax, Tax Appeals

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George Crimmins

NJDEP’s New Site Remediation Rule Proposal Contains Controversial New Reporting Requirements

The New Jersey Department of Environmental Protection (NJDEP) recently issued a rule proposal seeking to amend numerous regulations related to the Site Remediation Reform Act of 2009 (SRRA). Included among these proposed…more

Environmental Policies, Hazardous Substances, NJDEP, Proposed Rules, Real Estate Transactions

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Paul Croce

SCOTUS Overrules Landmark Chevron Decision Providing Regulated Public with Broad Opportunities to Challenge Agency Interpretation and Implementation of Statutes

On June 28, 2024, the Supreme Court of the United States issued its decision in the cases Loper Bright Enterprises, et al. v. Raimondo, et al. and Relentless Inc. et al. v. Department of Commerce, et al., overruling its 1984…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Justine DelVecchio

A Review of the New Jersey Legislature’s Latest Amendments to the New Jersey Aspire Program

On December 19, 2024, the New Jersey legislature passed legislation amending multiple sections of statute governing the New Jersey Aspire Program, most importantly as it relates to the state purchase of unused tax credits. The…more

Affordable Housing, Financing, Investment, Investors, Lenders

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Thomas Denitzio, Jr.

New Jersey Enacts Legislation Imposing Annual Community Service Contributions On Nonprofit Hospitals

On February 22, 2021, New Jersey Governor Phil Murphy signed into law new legislation (A1135/S357) that clarifies and preserves the statutory property tax-exemption historically afforded to nonprofit hospitals under N.J.S.A…more

Department of Health and Human Services (HHS), Exemptions, Governor Murphy, New Jersey, New Legislation

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Dennis Estis

NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations

On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the…more

Affordable Housing, Amended Regulation, Appellate Courts, Community Associations, New Jersey

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David Farer

The New Jersey Economic Recovery Act of 2020: An Overview Of The Brownfields Redevelopment Incentive Program

The New Jersey Economic Recovery Act of 2020, a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and numerous…more

Abandoned Property, Capital Investments, Community Development, Department of Environmental Protection, Economic Development

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W. Raymond Felton

New Federal Exemption from SEC Registration for M&A Brokers Takes Effect Shortly

What You Need to Know- •Under legislation recently passed by Congress, M&A brokers now have a statutory federal exemption from SEC registration as a broker-dealer effective March 29, 2023. •The statute explicitly defines…more

Broker-Dealer, EBITDA, Exemptions, Registration Requirement, Securities and Exchange Commission (SEC)

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Jack Fersko

Will Rescheduling Cannabis Open the Industry to Increased Financing, Real Estate and Banking Opportunities?

On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S…more

American Bankers Association, Controlled Substances Act, Decriminalization of Marijuana, Department of Justice (DOJ), Distribution Rules

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Steven Firkser

New Jersey Enacts Landmark Legislation to Overhaul Affordable Housing Laws

On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance and…more

Affordable Housing, Deeds, Dispute Resolution, Fair Housing Act (FHA), Housing Developers

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Barry Goodman

NJ Appellate Division Rules that Municipal Ordinance Restricting Ownership to Individuals Over 55 Violates Fair Housing Act and NJ Law Against Discrimination

On July 31, 2024, the New Jersey Appellate Division issued its ruling in New Jersey REALTORS® v. Township of Berkeley, upholding a trial court’s decision invalidating a municipal ordinance requiring that the owners of units in…more

Community Associations, Estate Planning, Fair Housing Act (FHA), Housing Discrimination, Local Ordinance

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Conor Hennessey

NJ Appellate Division Rules that Municipal Ordinance Restricting Ownership to Individuals Over 55 Violates Fair Housing Act and NJ Law Against Discrimination

On July 31, 2024, the New Jersey Appellate Division issued its ruling in New Jersey REALTORS® v. Township of Berkeley, upholding a trial court’s decision invalidating a municipal ordinance requiring that the owners of units in…more

Community Associations, Estate Planning, Fair Housing Act (FHA), Housing Discrimination, Local Ordinance

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Robert Hille

New Jersey Supreme Court “Wade Committee” Recommends Pathway to Readmission for Attorneys Following Disbarment

What You Need to Know- • A New Jersey Supreme Court Special Committee recently voted 21-5 in favor of establishing a pathway for attorneys to readmission following disbarment for the knowing misappropriation of client funds…more

Disbarment, Escrow Accounts, Ethics, Misappropriation, NJ Supreme Court

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Irene Hseih

NJ Supreme Court Addresses Worker Classification and Independent Contractor Status Under ABC Test

On August 2, 2022, the New Jersey Supreme Court handed down its decision in East Bay Drywall, LLC v. Dept. of Labor and Workforce Development, providing important insight into the classification of independent contractors by…more

ABC Test, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

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Kathryn Hyde

Overview for Employers: The New Jersey Domestic Workers Bill of Rights

The New Jersey Domestic Workers Bill of Rights, which went into effect on July 1, 2024, outlines a comprehensive set of rights for domestic workers employed in private households. These include protections against discrimination…more

Compliance, Domestic Workers, Employee Rights, Employment Contract, Employment Discrimination

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Nancy Isaacson

NJ State and Federal COVID-19 Resources for Business Owners

In keeping with our commitment to serve as a resource for clients and business associates during this time of emergency, please note the following online sources of information... The New Jersey Economic Development Authority…more

Business Ownership, Coronavirus/COVID-19, Disaster Relief Fund, Government Resources, Public Health Emergency

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John Zen Jackson

A New Standard of Care for Medical Liability?

A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model…more

Evidence, Expert Testimony, Health Care Providers, Litigation Strategies, Medical Malpractice

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John Kaveney

Federal Court Dismisses Constitutional Challenge to New Jersey’s Telehealth Law

On May 12, 2025, the U.S. District Court for the District of New Jersey entered a decision dismissing a lawsuit filed by a Massachusetts radiation oncologist and a Pennsylvania neurosurgeon, which claimed New Jersey’s licensure…more

Constitutional Challenges, Dormant Commerce Clause, Due Process, First Amendment, Licensing Rules

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William Kellermeyer

EPA’s Designation of Two “Forever Chemicals” as Hazardous Substances Brings Potential Impacts to Manufacturers, Commercial/Industrial Facilities & Property Owners

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The EPA…more

CERCLA, Consumer Product Companies, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Barbara Koonz

New Jersey Board of Public Utilities Launches Much Anticipated Garden State Energy Storage Program

What You Need to Know - • The New Jersey BPU has issued an Order launching a comprehensive energy storage incentive framework, the Garden State Energy Storage Program, or GSESP, which marks a significant milestone in New…more

Clean Energy, Energy Policy, Energy Projects, Energy Storage, Filing Deadlines

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Kersten Kortbawi

New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions

On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the clause…more

Attorney's Fees, Board of Trustees, Condominium Associations, First-Party Coverage, Indemnification

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Jemi Goulian Lucey

Employment Law Update: Do’s And Don’ts For Employers On Mandating COVID-19 Vaccinations

Amidst the FDA’s recent approval of at least two COVID-19 vaccines – and given the divergent views as to who will be able or willing to receive them in the coming months – employers are now considering whether and to what extent…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues

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Sean McGowan

New Jersey Moves to Establish Database of Available Commercial Real Estate Properties

What You Need to Know- •Governor Murphy is now considering legislation that would establish a Vacant Storefront Registry Program database of commercial real estate that is available for purchase or lease by small businesses in…more

Commercial Property Owners, Commercial Real Estate Market, Governor Murphy, Proposed Legislation, Small Business

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Steven G. Mlenak

A Review of the New Jersey Legislature’s Latest Amendments to the New Jersey Aspire Program

On December 19, 2024, the New Jersey legislature passed legislation amending multiple sections of statute governing the New Jersey Aspire Program, most importantly as it relates to the state purchase of unused tax credits. The…more

Affordable Housing, Financing, Investment, Investors, Lenders

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Maureen Montague

The New Jersey Economic Recovery Act Of 2020: An Overview Of The New Jersey Angel Investor Tax Credit Program

The New Jersey Economic Recovery Act of 2020 (ERA), a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and…more

Angel Investors, Emerging Technology Companies, Governor Murphy, New Jersey, New Jersey Economic Recovery Act of 2020 (ERA)

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Thomas Murphy III

Is Amazon Liable For Third-Party Sellers’ Products? To Date, The Answer For E-Commerce Retailers May Depend On Where They Are

Online transactions on Amazon now account for over 50% of U.S. e-commerce. The company, already a massive corporation with enormous market share prior to the COVID-19 pandemic and the related rise in online shopping, saw its…more

Amazon, Amazon Marketplace, Corporate Counsel, E-Commerce, Liability

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Steven Nudelman

New Jersey Becomes Second State to Enact Legislation to Protect Structural Integrity of Residential Housing Structures Including Common Interest Communities

What You Need to Know- • New Jersey has passed legislation, effective immediately, designed to protect the structural integrity of condominiums and cooperative buildings in response to the June 2021 collapse of the Champlain…more

Common-Interest Communities, Condominiums, Inspections, New Jersey, New Legislation

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Maja Obradovic

Guidance for Employers Ahead of Looming Department of Labor Increases in Exempt Employee Thresholds

On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule updating and revising regulations issued under the Fair Labor Standards Act (FLSA) implementing exemptions from minimum wage and overtime pay…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Joseph Oriolo

Revised Liquor License Laws Provide New Potential Business Opportunities in New Jersey

On January 16, 2024, New Jersey enacted legislation that is expected to substantially boost the number of available liquor licenses statewide, and ease restrictions on craft breweries. The new law has provisions that are…more

Breweries, Distilleries, Liquor Licences, New Jersey, Shopping Centers

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Akshar Patel

NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations

On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the…more

Affordable Housing, Amended Regulation, Appellate Courts, Community Associations, New Jersey

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Alan S. Pralgever

With DEI Initiatives Under Review, Employers Must Still Comply with Federal and State Anti-Discrimination Laws

In the aftermath of the Trump Administration’s actions regarding Diversity, Equity and Inclusion (DEI) and the issuance of several Executive Orders related to DEI initiatives, it is important for employers to be mindful of their…more

Anti-Discrimination Policies, Employment Discrimination, Employment Policies, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Stephanie Reckord

NJ Supreme Court Ruling Addresses Enforceability of Arbitration Clauses in Construction Defect Disputes Involving Direct Claims Against a Judgment Debtor’s Insurer

What You Need to Know- •The issue at hand in this case involved an interpretation of the statutory construction of New Jersey’s Direct Action Statute, which permits a judgment creditor holding an unsatisfied judgment to file…more

Arbitration Agreements, Construction Defects, Creditors, Damages, Debtors

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James Robertson

A Primer on Medicare Graduate Medical Education Payments

What You Need to Know- •Medicare has historically made, and continues to make, substantial investments in the training of the country’s next generation of physicians. Payments are made to hospitals in the form of Graduate…more

Centers for Medicare & Medicaid Services (CMS), Graduate Students, Hospitals, Medical Residents, Medicare

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David Scott

EPA’s Designation of Two “Forever Chemicals” as Hazardous Substances Brings Potential Impacts to Manufacturers, Commercial/Industrial Facilities & Property Owners

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The EPA…more

CERCLA, Consumer Product Companies, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Brian Selvin

IRS And New Jersey Extend April 15 Income Tax Deadline To May 17

On March 17, 2021, Internal Revenue Service (IRS) Commissioner Chuck Rettig announced that the IRS will extend by one month the deadline for the filing of tax returns and the payment of tax for the 2020 taxable year for…more

American Rescue Plan Act of 2021, Income Taxes, IRS, New Jersey, State Taxes

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Thomas Senter

An Overview of New Jersey’s New Pay Transparency Legislation for Employers

On November 18, 2024, New Jersey Governor Phil Murphy signed into law new pay transparency requirements. The legislation, which makes New Jersey the latest state to embrace pay transparency by requiring employers to include the…more

Equal Pay Act, Governor Murphy, Job Ads, Job Applicants, Job Promotions

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Daniel Serviss

Family Law Update: Four Tips for Addressing Co-Parenting Challenges in Today’s “New Normal”

Co-parenting children in divorced households presents difficulties in the best of circumstances. Add to these challenges the stress and potential risks arising from the spread of COVID-19 and you have the perfect recipe for…more

Centers for Disease Control and Prevention (CDC), Co-Parenting, Coronavirus/COVID-19, Divorce

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Kenneth Sheehan

New Jersey Board of Public Utilities Launches Much Anticipated Garden State Energy Storage Program

What You Need to Know - • The New Jersey BPU has issued an Order launching a comprehensive energy storage incentive framework, the Garden State Energy Storage Program, or GSESP, which marks a significant milestone in New…more

Clean Energy, Energy Policy, Energy Projects, Energy Storage, Filing Deadlines

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Meredith Sherman

Construction Litigation Update: NJ Appellate Division Requires Attorney-Fee Shifting in Enforcing the New Jersey Prompt Payment Act

What You Need to Know- The New Jersey Prompt Payment Act provides a remedy to contractors and lower-tier subcontractors when their payments are approved and certified, but not remitted…more

Attorney's Fees, Construction Industry, Construction Litigation, Fee-Shifting, New Jersey

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Barry Sobel

When It Comes To Custody Issues, Smoking Pot Is Not Necessarily A Smoking Gun

In an August 2, 2021 published decision by the Superior Court of New Jersey, Appellate Division, the Court held that a parent’s recreational marijuana usage cannot suffice as the sole or primary reason to terminate that parent’s…more

Child Custody, Expert Testimony, Marijuana, Parental Rights, Recreational Use

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Lydia Stefanowicz

The Clock Is Ticking Towards the End of LIBOR; What Borrowers Can Do Now to Mitigate the Risks

Since the end of 2017, we have been talking about the discontinuation of LIBOR as a reference rate for borrowers who finance with floating rate loans. The December 2021 end date is fast approaching, but much work remains to…more

Alternative Reference Rates Committee (ARRC), Borrowers, Credit Facilities, Derivatives, Floating Interest Rates

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Neil Sullivan

The CMS Managed Care Final Rule: Access Standards, Consumer Surveys, Payment Standards and More for Managed Medicaid and CHIP

Greenbaum healthcare attorneys Neil M. Sullivan and Jennifer A. Belardo analyze the CMS’s Medicaid and Children’s Health Insurance Program (CHIP) Managed Care final rule – and its impact on states, healthcare providers, and…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Health Care Providers, Health Insurance

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Fay Szakal

Corporate Transparency Act Update: CTA MAY NOT APPLY to Domestic Entities After New Rule

Last week, we reported that the U.S. Department of Treasury (DOT) through the Financial Crimes Enforcement Network (FinCEN) is temporarily staying enforcement of the monetary penalties for failure to comply with the Corporate…more

Beneficial Owner, Compliance, Corporate Transparency Act, Enforcement Actions, FinCEN

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Sukrti Thonse

Legal Risks and Challenges for Private Equity in Healthcare Acquisitions

Private Equity (PE) firms continue to be significant players in U.S. healthcare, acquiring assets across various sectors such as physician practices, home health, behavioral health, and urgent care. However, recent legal…more

Acquisitions, Antitrust Provisions, Compliance, Corporate Practice of Medicine, Enforcement Actions

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Mary Toscano

DOJ Announces New M&A Safe Harbor Policy to Provide Further Clarity – But is it Enough?

The U.S. Department of Justice (DOJ) has announced a new M&A Safe Harbor Policy to encourage greater corporate compliance and more robust due diligence by promoting the voluntary disclosure of criminal misconduct uncovered in…more

Anti-Kickback Statute, Asset Purchase Agreements, Department of Justice (DOJ), Due Diligence, Mergers

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Charles Vaccaro

Appellate Division Reaffirms Well-Settled Precedent in Refusing to Assume Attorney-Client Privilege for Individual Shareholders in Closely Held Corporations

Generally speaking, attorney-client privilege protects against the disclosure of confidential communications between a client and a lawyer that are related to the provision of legal advice or assistance. A recent New Jersey…more

Appellate Courts, Attorney Representation Agreements, Attorney-Client Privilege, Closely Held Businesses, Confidential Communications

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Ann Waeger

COVID-19 Insurance Update: Companies Should Evaluate Risk Management Tools in Place, Including Pollution Legal Liability (PLL) Insurance Policies

Among the many critical business issues to be addressed within the context of COVID-19 place, such as insurance policies, which may be of help to mitigate some of the costs incurred during the coronavirus emergency…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims

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