CSG RSS Feedhttp://csglaw.wiseadmin.biz/?t=39&format=xml&stylesheet=rss2&directive=0&records=20en-us03 Aug 2021 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssThe New Jersey Board of Public Utilities Implements New Solar Incentive Programhttp://csglaw.wiseadmin.biz/?t=40&an=118327&format=xml&p=7016<p>On July 28, 2021, the New Jersey Board of Public Utilities (&ldquo;<strong>NJBPU</strong>&rdquo;) issued an order implementing the long awaited successor solar incentive program pursuant to the Clean Energy Act of 2018 (the &ldquo;<strong>Order</strong>&rdquo;). The Successor Solar Incentive Program, also known as the &ldquo;<strong>SuSi</strong>&rdquo; program, replaces the State&rsquo;s Solar Renewable Energy Certificate (SREC) and Transition Renewable Energy Certificate (TREC) programs.<br /> <br /> The SuSI program will take effect at 12:00 a.m. E.T. on August 28, 2021, and contains two sub-programs:<br /> <br /> (1) The Administratively Determined Incentive (&ldquo;<strong>ADI</strong>&rdquo;) - a fixed incentive payment for net metered solar projects of 5 MW or less &ndash; including all residential customers and most commercial and industrial buildings &ndash; and all community solar installations. The incentive value will vary based on project type and size, and will be guaranteed for a term of 15 years.<br /> <br /> (2) The Competitive Solar Incentive (CSI) - a competitive solicitation designed to incentivize the lowest financial contribution from ratepayers for grid supply projects and net metered commercial and industrial projects larger than 5 MW. The first competitive process is anticipated to launch in early-to-mid 2022, following additional stakeholder engagement throughout this summer and fall.<br /> <br /> Similar to the legacy SREC and TREC programs, the SuSi program will provide one New Jersey Solar Renewable Energy Certificate II (&ldquo;<strong>SREC</strong><strong>&ndash;</strong><strong>II</strong>&rdquo;) for every megawatt-hour (MWh) of solar electricity produced by a qualifying facility, with an additional $20/MWh adder for public entities &ndash; such as school districts, municipalities, and public colleges and universities &ndash; as well as a temporary incentive for projects built on contaminated lands.<br /> <br /> Incentive levels for the ADI program are as follows:</p> <table width="75%" border="1" cellpadding="1" cellspacing="1" height="75"> <tbody> <tr> <td> <p><strong>Market Segement</strong></p> </td> <td> <p><strong>Size (MWdc)</strong></p> </td> <td> <p><strong>Incentive Value ($/SREC-II)</strong></p> </td> <td> <p><strong>Incentive Value for Public Entities ($/SREC-II)</strong></p> </td> </tr> <tr> <td> <p>Net Metered Residential</p> </td> <td> <p>&nbsp;All types and size</p> </td> <td> <p>$90</p> </td> <td> <p>N/A</p> </td> </tr> <tr> <td> <p>Small Net Metered Non-Residential on Rooftop, Carport, Canopy and Floating Solar</p> </td> <td> <p>Projects smaller than 1 MW</p> </td> <td> <p>$100</p> </td> <td> <p>$120</p> </td> </tr> <tr> <td> <p>Large Net Metered Non-Residential on Rooftop, Carport, Canopy and Floating Solar</p> </td> <td> <p>Projects 1 MW to 5 MW</p> </td> <td> <p>$90</p> </td> <td> <p>$110</p> </td> </tr> <tr> <td> <p>Smal Ground Mount Net Metered Non-Residential</p> </td> <td> <p>Projects Smaller than 1 MW</p> </td> <td> <p>$85</p> </td> <td> <p>$105</p> </td> </tr> <tr> <td> <p>Large Ground Mount Net Metered Non-Residential</p> </td> <td> <p>Projects 1 MW to 5 MW</p> </td> <td> <p>$80</p> </td> <td> <p>$100</p> </td> </tr> <tr> <td> <p>Community Solar Non-LMI (low and moderate income)</p> </td> <td> <p>Up to 5 MW</p> </td> <td> <p>$70</p> </td> <td> <p>N/A</p> </td> </tr> <tr> <td> <p>Community Solar LMI</p> </td> <td> <p>Up to 5 MW</p> </td> <td> <p>$90</p> </td> <td> <p>N/A</p> </td> </tr> <tr> <td> <p>Interim Subsection (t)</p> </td> <td> <p>All Types and Sizes</p> </td> <td> <p>$100</p> </td> <td> <p>N/A</p> </td> </tr> </tbody> </table> <p>Concurrently with the issuance of the Order, the NJBPU issued a second order scheduling the closure of the TREC Program at 11:59:59 EST on August 27, 2021. Applications for the TREC Program that are complete and received before closure, or those which have minor deficiencies which can be cured within seven (7) days will be deemed to continue in the TREC program. Otherwise, they will be ineligible for the TREC program, but may be eligible for the SuSi program. <br /> <br /> In addition to closing the TREC program, the NJBPU also closed the subsection (t) program established under the Solar Act of 2012 to provide incentives for the development of solar on brownfields, historic fill areas and properly closed landfills. Only administratively complete applications received by the Board on or before 11:59:59 pm EST on August 27, 2021 will be accepted and sent to the New Jersey Department of Environmental Protection for review. If the NJBPU issues conditional approval of the timely and complete application, the applicant will be registered under the TREC program and will have a two (2) year registration deadline consistent with the existing rules of the TREC Program. Notwithstanding the forgoing, projects selected for Year 2 of the Community Solar Program will continue to qualify in the TREC program regardless of when those applications are selected by the NJBPU.</p>Client Alert02 Aug 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118327&format=xmlCSG Achieves Top Tier Recognition in 2021 Chambers High Net Worth Guidehttp://csglaw.wiseadmin.biz/?t=40&an=118278&format=xml&p=7016<p>Chiesa Shahinian &amp; Giantomasi PC is pleased to announce that it has earned high ranks in the 2021 <em>Chambers High Net Worth Guide</em>, which recognizes leading lawyers, law firms, financial advisors and other practitioners providing services to individuals. The firm and its lawyers were featured in the <a href="https://chambers.com/legal-rankings/family-matrimonial-high-net-worth-new-jersey-21:2735:12802:1">Family/Matrimonial</a> and <a href="https://chambers.com/legal-rankings/private-wealth-law-usa-new-jersey-21:2633:12802:1">Private Wealth Law</a> categories.<br /> <br /> CSG was the only firm ranked in the inaugural &ldquo;Family/Matrimonial: New Jersey&rdquo; section of the guide, recognizing the firm&rsquo;s Family Law Group for its work advising clients on complex divorce and custody matters, as well as premarital agreements, post-judgement matters and guardianships.<br /> <br /> <a href="/?t=3&amp;a=19254&amp;format=xml&amp;p=16431">Susan Reach Winters</a>, Chair of the CSG Family Law Group, and <a href="/?t=3&amp;a=19247&amp;format=xml&amp;p=16431">Thomas D. Baldwin</a>, a Member of the Group, were also individually recognized as Band 1 practitioners &ndash; receiving high praise from those contacted by Chambers. Of Susan, references stated &ldquo;She's personable but professional. She stays really on task and on target, she really understands issues and lasers down to the things you have to think about.&quot; Tom was commended as &quot;incredibly knowledgeable&hellip;incredibly persistent on behalf of his clients. He leaves no stone unturned.&rdquo;<br /> <br /> Additionally, <a href="/?t=3&amp;a=18998&amp;format=xml&amp;p=16431">Michelle Bergeron Spell</a>, Practice Group Leader of CSG&rsquo;s Trusts &amp; Estates Group, was honored in the &ldquo;Private Wealth Law: New Jersey&rdquo; section, where interviewees lauded her combination of a &ldquo;wonderful demeanor with clients&rdquo; and &ldquo;really sharp intellect.&rdquo; In her practice, Michelle brings a focus on estate planning, succession planning, and trust and estate administration for domestic and foreign individuals, as well as extensive experience in multi-generational estate planning and asset protection.<br /> <br /> To learn more about <em>Chambers High Net Worth</em> and its methodology, please <a href="https://chambers.com/legal-guide/high-net-worth-21">click here</a>.</p>News28 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118278&format=xmlNJICLE: The Future of Shopping Center Leaseshttp://csglaw.wiseadmin.biz/?t=40&an=118268&format=xml&p=7016<p>Join CSG's <a href="https://www.csglaw.com/biographies/stephen-kisker">Stephen A. Kisker</a> and <a href="https://www.csglaw.com/biographies/adriana-m-peters">Adriana M. Peters</a>&nbsp;on July 28, from 12:00 - 3:00 PM, as they participate in a live webcast hosted by The New Jersey Institute for Continuing Legal Education. Panelists will discuss the COVID-19 pandemic and its impact on the shopping center industry, the enforcement efforts, legislative efforts, lease amendments to adjust to the new normal, practical tips, opportunities created, as well as what&rsquo;s ahead for shopping centers in New Jersey.</p> <p>For more information and registration, please visit the <a href="https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&amp;productId=66053357">event website</a>.</p>Event28 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118268&format=xmlEmployment Attorney (3+ Years of Experience)http://csglaw.wiseadmin.biz/?t=40&an=118262&format=xml&p=7016<p>CSG&rsquo;s experienced employment team advises companies of all sizes and provides experienced counsel to help navigate the complex maze of federal and state employment laws and regulations. We help minimize our clients&rsquo; exposure to employment claims, including litigation relating to discrimination, harassment or retaliation and other potentially costly actions. In cases where litigation cannot be avoided, our seasoned attorneys are prepared to vigorously represent clients in federal and state courts as well as in administrative proceedings before federal and state agencies. Our highly regarded group is recognized annually in Chambers USA: America's Leading Lawyers for Business.</p> <p>The firm&rsquo;s Employment Group seeks a talented professional to join our team. As part of the Employment group, you will get the opportunity to work on complex and challenging assignments alongside leaders in the field.</p> <p>Requirements:</p> <ul> <li> <p>3+ years of employment litigation experience defending discrimination, retaliation, restrictive covenants and wage and hour litigation in the state and federal courts of NJ and NY and before government agencies.</p> </li> <li> <p>Experience with all facets of employment litigation from responding to initial pleading, pre-trial discovery (including interviewing witnesses, drafting discovery requests and responses, depositions, reviewing documents), preparing and responding to various motions and trial preparation.</p> </li> <li> <p>Experience providing advice and counsel to employers on various employment-related issues including wage and hour, mitigation of risk, performance management, and workplace accommodations, leave laws, and reductions-in-force, and experience drafting employment agreements, employment handbooks and related policies.</p> </li> <li> <p>Working knowledge of federal, New Jersey, New York State and New York City employment laws.</p> </li> <li> <p>Excellent academic credentials, legal research, drafting and writing ability, and analytical and verbal communication skills are required.</p> </li> <li> <p>Must be a self-starter and able to work independently.</p> </li> </ul> <p>New Jersey and New York bar admission required. This position is located in our West Orange, NJ office.</p> <p>Qualified candidates are encouraged to apply by email to <a href="mailto:recruitment@csglaw.com">recruitment@csglaw.com</a>.</p> <p><em>At CSG, we are committed to the recruitment, development, and retention of diverse attorneys and staff. The firm&rsquo;s two programs &ndash; the Diversity &amp; Inclusion and Women&rsquo;s Initiatives &ndash; provide opportunities for attorneys and employees to enhance their legal careers through career development, mentoring and networking opportunities both within the firm and throughout the business and legal communities as a whole. CSG is proud to be an equal opportunity workplace and an affirmative action employer. Women, Minorities &amp; Veterans are encouraged to apply.</em></p>Available Position - Attorneys27 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118262&format=xmlGovernor Murphy Signs Bill That Requires Electric Charging Stations in Most New Development Projects in New Jerseyhttp://csglaw.wiseadmin.biz/?t=40&an=118256&format=xml&p=7016<p>On July 9, 2021, Governor Murphy signed Senate Bill S3223 (the &ldquo;<strong>Bill</strong>&rdquo;), which will have far-reaching effects on most new real estate development in New Jersey, with few exceptions. The new law will require the majority of new development to include a mandated amount of electric vehicle charging infrastructure. These new requirements went into effect upon the signing of the Bill on July 9, 2021.</p> <p>The Bill is in response to the increasing usage of electric vehicles and the pressing need to accommodate the growing fleet. Further, it is intended as an important step towards achieving the 2019 Energy Master Plan goal of placing 330,000 zero emission vehicles on New Jersey roads by 2025.</p> <p>The key aspects of the Bill are as follows:</p> <p>1. It is a statewide condition of preliminary site plan approval for all projects involving a multi-family dwelling with more than 5 units (including condos and cooperatives) that 15% of off-street parking spaces must be pre-wired for electric vehicle charging stations (&ldquo;Make-Ready&rdquo;). 1/3 of the Make-Ready spaces must have charging stations upon completion of construction, another 1/3 within 3 years and the final 1/3 within 6 years. 5% of all Make-Ready spaces must be accessible for people with disabilities</p> <p>2. It is a statewide condition of preliminary site plan approval for all other projects (except single family homes or retailers with fewer than 25 parking spaces) involving a parking garage or parking lot, that the following number of Make-Ready spaces be included:</p> <p style="margin-left: 40px;">- 1 Make-Ready space if the garage or lot has 50 or fewer spaces;</p> <p style="margin-left: 40px;">- 2 Make-Ready spaces if the garage or lot has between 51 and 75 spaces;</p> <p style="margin-left: 40px;">- 3 Make-Ready spaces if the garage or lot has between 76 and 100 spaces;</p> <p style="margin-left: 40px;">- 4 Make-Ready spaces if the garage or lot has between 101 and 150 spaces (at least one of which must be accessible for people with disabilities).</p> <p style="margin-left: 40px;">- At least 4% of the total parking spaces if the garage or lot has over 150 spaces (at least 5% of which must be accessible for people with disabilities).</p> <p>3. A Make-Ready space shall count as no less than two (2) parking spaces for purposes of complying with a minimum parking space requirement provided it does not reduce more than 10% of otherwise required parking spaces.</p> <p>4. The Bill does not apply to single family homes or retailers with fewer than 25 parking spaces.</p> <p>If you have any questions about the new law and how it will affect your development pipeline, please contact your CSG attorney or one of the authors below.</p>Client Alert27 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118256&format=xmlCSG's Giantomasi and Schwartz Named to 2021 NJBIZ Law Power 50http://csglaw.wiseadmin.biz/?t=40&an=118250&format=xml&p=7016<p>Chiesa Shahinian &amp; Giantomasi PC (&quot;CSG&quot;) is pleased to announce that <a href="/?t=3&amp;a=18886&amp;format=xml&amp;p=16431">Francis J. Giantomasi</a>, a Member with the firm&rsquo;s Real Estate, Development &amp; Land Use Group and CSG Executive Committee member, and <a href="/?t=3&amp;a=18952&amp;format=xml&amp;p=16431">Daniel A. Schwartz</a>, Managing Member, have been recognized among <em>NJBIZ&rsquo;s</em> 2021 Law Power 50 &ndash; a list of New Jersey&rsquo;s most influential attorneys in private practice, public service, corporate law departments and nonprofit organizations.</p> <p>Both Giantomasi and Schwartz have become mainstays among the <em>NJBIZ</em> Law Power 50 and were also recognized earlier this year in the publication&rsquo;s Power 100, which features the State&rsquo;s most influential people in business.</p> <p>Giantomasi placed fourth among the 50 attorneys listed, up from sixth in the 2020 program, as <em>NJBIZ</em> noted his remarkable history as a &ldquo;major real estate player in the Newark-Elizabeth corridor, serving as redevelopment counsel to many of the area&rsquo;s most notable mixed-use projects.&rdquo; Going beyond Essex County, however, the publication touts his extensive experience across the State &ndash; particularly in his capacity serving key stakeholders in New Jersey&rsquo;s hot industrial marketplace. <em>NJBIZ</em> also considers his role as a member of the firm&rsquo;s Executive Committee, from which he has been a growth-driving force, as well as his chairmanship of the Board of Trustees of Newark Beth Israel Medical Center and Children&rsquo;s Hospital of New Jersey.</p> <p><em>NJBIZ</em> credits Schwartz, alongside the firm&rsquo;s Executive Committee, for spearheading &ldquo;a record-breaking year which saw revenue surpass the $80 million milestone&rdquo; and for his stellar guidance of the firm over the course of the pandemic year where he &ldquo;he oversaw the expansion of CSG&rsquo;s New York City office and the buildout of its Short Hills location; and while other firms consolidated, Schwartz drove expansion, hiring 25 new attorneys and 25 other professionals.&rdquo; The publication also looks to Schwartz&rsquo;s outstanding abilities as a recruiter in attracting high-profile legal talent to ensure &ldquo;that the firm remains proactive in anticipation of client needs.&rdquo;</p> <p>For the full 2021 Law Power 50, please visit <a href="https://njbiz.com/njbiz-2021-law-power-50/"><em>NJBIZ&rsquo;s</em> website</a>.</p>News26 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118250&format=xmlLitigation Paralegal (3+ Years of Experience)http://csglaw.wiseadmin.biz/?t=40&an=118237&format=xml&p=7016<p>Chiesa Shahinian &amp; Giantomasi PC (&quot;CSG&quot;) has an immediate opening for an experienced Litigation Paralegal in our Times Square, NYC office.</p> <p>An exciting opportunity for the right candidate to join a dynamic team and work on a variety of interesting cases. Candidates must have paralegal certification. Some of the major responsibilities of the position include:</p> <ul> <li> <p>Drafting and E-Filing pleadings/motions</p> </li> <li> <p>Drafting form discovery</p> </li> <li> <p>Document productions using common application platforms (Relativity)</p> </li> <li> <p>Bates numbering/redactions</p> </li> <li> <p>Summarizing depositions</p> </li> <li> <p>Social media searches</p> </li> <li> <p>Billing time using legal/time management software</p> </li> </ul> <p>The ability to work under a team structure is essential as the support staff is the foundation of the firm. Constant communication with other administrative staff and attorneys is key. A professional demeanor with clients is a must.</p> <p>Candidates must have solid organization skills, attention to detail, initiative, resourcefulness, the ability to balance multiple tasks in a fast paced environment, the ability to manage confidential information with discretion, professional demeanor, and the capability to organize, prioritize and meet multiple deadlines. Requirements include: prior experience in a law firm; must be proficient in e-filing; excellent command of MS Office, including Outlook, Word and Excel; experience with PDF Docs/Adobe or similar application, Netdocuments or similar document management application; Aderant or similar billing software experience. Experience with Zoom and/or Microsoft Teams. NY Notary is required.</p> <p>The ideal candidate will possess a 4-year degree and a minimum of 3 years' experience in the Litigation practice area. Proficiency with e-filing in both NY State and Federal Courts is required.</p> <p>Qualified candidates are encouraged to apply by email to <a href="mailto:recruitment@csglaw.com">recruitment@csglaw.com</a>.</p> <p><em>At CSG, we are committed to the recruitment, development, and retention of diverse attorneys and staff. The firm&rsquo;s two programs &ndash; the Diversity &amp; Inclusion and Women&rsquo;s Initiatives &ndash; provide opportunities for attorneys and employees to enhance their legal careers through career development, mentoring and networking opportunities both within the firm and throughout the business and legal communities as a whole. CSG is proud to be an equal opportunity workplace and an affirmative action employer. Women, Minorities &amp; Veterans are encouraged to apply.</em></p>Available Position - Staff23 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118237&format=xmlCSG's Nussbaum Recognized as Only New Jersey-Based Practitioner Among World Trademark Review's 2021 Global Leaders in Private Practicehttp://csglaw.wiseadmin.biz/?t=40&an=118224&format=xml&p=7016<p>Chiesa Shahinian &amp; Giantomasi (&ldquo;CSG&rdquo;) is pleased to announce that <a href="/?t=3&amp;a=18929&amp;format=xml&amp;p=16431">Peter E. Nussbaum</a>, Co-Chair of the Intellectual Property Law Group, has been recognized by the <em>World Trademark Review</em> (&ldquo;WTR&rdquo;) in the third edition of the <em>WTR Global Leaders: Private Practice</em>. Notably, Peter was the only New Jersey-based practitioner identified in the study, which offers an analysis of more than 80 key jurisdictions globally.<br /> <br /> Over the course of his nearly 30-year career, Peter has helped bring to market and vigorously protected the brands of countless food and beverage operators, world-famous musical artists and leading clothing and footwear companies, as well as leading brands in many other industries, in his capacity as intellectual property counsel. He is involved in all aspects of trademark, copyright, domain name, Internet and technology law &ndash; including general counseling, clearance, registration, licensing, enforcement and litigation. Seasoned in both the M&amp;A setting and dispute proceedings, he oversees the IP-related aspects of corporate transactions and regularly litigates in courts through the United States and before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.<br /> <br /> <em>WTR Global Leaders</em> draws from the <em>World Trademark Review</em>&rsquo;s market-leading research projects &ndash; the <em>WTR 1000</em> and the <em>WTR 300</em> &ndash; to &ldquo;identify the best of the best in trademark practice.&rdquo; Among the insights gleaned on Peter and CSG&rsquo;s trademark team as part of the 2021 <em>WTR 1000</em> research process, <em>WTR </em>noted: &ldquo;The team benefits from superb leadership from Peter Nussbaum, a popular lawyer who receives glowing reviews: &lsquo;Peter is just incredible to work with &ndash; thorough and thoughtful, he covers things from all angles and can handle any issues that arise. Importantly, he doesn&rsquo;t rush to litigate, but looks for reasonable and cost-effective resolutions. However, he knows when to be aggressive and is an excellent advocate for his clients, whose best interests he keeps front of mind.&rsquo;&rdquo;<br /> <br /> To learn more about the <em>WTR Global Leaders: Private Practice</em>, please visit the <a href="https://www.worldtrademarkreview.com/law-firms/wtr-global-leaders-private-practice">World Trademark Review's website</a></p>News22 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118224&format=xmlEdge: The Business Books NJ Executives are Reading, and the Lessons they are Learninghttp://csglaw.wiseadmin.biz/?t=40&an=118205&format=xml&p=7016<p><a href="/?t=3&amp;a=18960&amp;format=xml&amp;p=16431">Dennis M. Toft</a> was recently featured in an article for New Jersey Chamber of Commerce&rsquo;s July issue of <em>Edge </em>along with other business executives sharing the books that have motivated and inspired them in their careers. Dennis explains why <em>The Go Giver</em> by Bob Burg and David Mann was his book of choice.<br /> <br /> &ldquo;Upon reading it, I realized that I was already following many of the philosophies in the book&hellip;By focusing on what one gives rather than on what one receives, compensation and influence will follow. Giving includes helping others make connections. I have found this to be true in my approach to clients, co-workers and life,&rdquo; Dennis added. <br /> <br /> To read the full article, visit the <a href="https://njchamber.com/edge/1243-the-business-books-nj-executives-are-reading-and-the-lessons-they-are-learning-2021">New Jersey Chamber of Commerce&rsquo;s website</a>.</p>Publication21 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118205&format=xmlNew Economic Legislation Helps Businesses Expand and Prosper in New Jerseyhttp://csglaw.wiseadmin.biz/?t=40&an=118163&format=xml&p=7016<p>The New Jersey Economic Recovery Act of 2020 (&ldquo;Act&rdquo;), signed into law by Governor Murphy on January 7, 2021, creates a multi-billion-dollar package of tax incentives to attract and retain New Jersey businesses and real estate development projects. On July 2, just 6 months after its enactment, Governor Murphy signed into law Assembly Bill No. 5939 (&ldquo;A-5939&rdquo;), which makes substantial changes to the Act. In part, these amendments reflect the pandemic&rsquo;s impact on the workforce.</p> <p>A portion of the Act created a new incentive program &ndash; New Jersey Emerge (&ldquo;Emerge&rdquo;) &ndash;that provides &ldquo;tax credits to encourage economic development, job creation and the retention of significant numbers of jobs in imminent danger of leaving the State,&rdquo; according to the New Jersey Assembly Committee Statement. This program is administered by the New Jersey Economic Development Authority (&ldquo;NJEDA&rdquo;). Emerge is of particular importance to New Jersey business owners, large and small, who plan on expanding their workforce and facilities and making capital investments. The program can also benefit businesses in neighboring states, such as New York, that are considering moving across the Hudson to take advantage of New Jersey&rsquo;s more affordable office space leasing options. Because A-5939 expanded the Emerge program, additional businesses may now qualify for tax credits than under the original legislation.</p> <p><u><strong>Opportunities in Targeted Regions</strong></u></p> <p>Emerge gives preference to communities disproportionately affected by various socioeconomic factors, providing opportunities for businesses looking to locate or expand in a&nbsp;targeted area. Targeted areas fall into three, statutorily defined categories: (1) Government Restricted Municipalities, such as Trenton and Atlantic City; (2) Enhanced Areas, including Camden and Salem; and (3) Distressed Municipalities, such as Perth Amboy and Secaucus.&nbsp;In the aggregate, tax credits for projects will be divided between locations in the northern counties and southern counties.&nbsp;The lion&rsquo;s share of tax credits will go to projects located in the northern counties.</p> <p><u><strong>Opportunities for Key Industries</strong></u></p> <p>New Jersey seeks to promote certain targeted industries through the Act, including autonomous vehicle and zero-emission vehicle research and development, clean energy, life sciences, hemp processing, information technology, and other innovative industries. The program provides minimum job creation requirements that vary based on the size of the business and the industry.&nbsp;With respect to the job creation requirements, small businesses must grow their workforce by 25%, businesses in targeted industries must create 25 new full-time jobs, and all other businesses must create 35 new full-time jobs. Some businesses may also receive tax credits for retaining a certain minimum number of jobs.&nbsp;At least 80% of the employees counted towards the job creation or retention requirements must pay individual income taxes to New Jersey.&nbsp;A-5939 has relaxed the amount of time such employees must spend working in-state from 80% to 60% for their employers to qualify for certain tax credits.&nbsp;This obligation to work a majority of the time in-state is an especially important consideration given the hybrid and work from home policies many businesses are embracing.&nbsp;A-5939 attempts to accommodate these long-term workforce changes triggered by the pandemic.</p> <p><u><strong>Investment Requirements</strong></u></p> <p>Emerge also sets forth minimum capital investment requirements.&nbsp;For industrial, warehousing, logistics, and research and development industries, the investment threshold is $60 per square foot of leasable space for new construction and $20 per square foot of leasable space for renovated buildings. For all other industries, the investment threshold is $120 per square foot of leasable space for new construction and $40 per square foot of leasable space for renovated buildings.</p> <p>If a business meets these qualifications, it is eligible for tax credits between $500 and $4,000 per employee.&nbsp;Businesses can apply to the NJEDA, which began accepting applications in May 2021.&nbsp;No applications have been approved yet.</p> <p>During the approval process, the NJEDA determines whether the capital investment resulting from the award and creation or retention of full-time jobs will yield a positive economic benefit.&nbsp;The net positive benefit to New Jersey must range from 200% to 400% of the award, depending on the location.</p> <p>After completing the application and receiving approval from the NJEDA, the business has three years to submit evidence of compliance with the employment and investment requirements. The seven-year eligibility period begins when the NJEDA accepts certification that the requirements were met.&nbsp;A business may apply the credit to its corporate tax or premiums tax in the tax period in which the credit was issued or may carry the credit forward to any of the next seven tax periods.</p> <p>Businesses that have an interest in potential job growth, innovation, or investment in New Jersey should consider whether their projects qualify for the Emerge program.&nbsp;This program is a clear inducement to cultivate and nurture your project and business in New Jersey.&nbsp;It is time for companies to take advantage of this new economic engine.</p> <p><em>If you have any questions about about this development, please contact your CSG attorney or one of the authors below.</em></p>Client Alert19 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118163&format=xmlU.S. Supreme Court Limits Patent Law Doctrine of Assignor Estoppelhttp://csglaw.wiseadmin.biz/?t=40&an=118111&format=xml&p=7016<p>On June 29, 2021, the Supreme Court of the United States issued its ruling in <em>Minerva Surgical, Inc. v. Hologic, Inc</em>. limiting the patent law doctrine of assignor estoppel. The doctrine of assignor estoppel limits a party who has assigned a patent from later challenging the validity of that patent. The doctrine of assignor estoppel is grounded in the principle of fair dealing. When a party assigns its patent rights, the assignor makes an implicit representation to the assignee that the patent at issue is valid. However, in later raising an invalidity defense, the assignor disavows that warranty. In doing so, the assignor seeks to profit doubly&mdash;by gaining both the price of assigning the patent and the continued right to use the invention it covers.</p> <p style="text-align: justify;">In <em>Minerva</em>, Csaba Truckai invented a device for treating abnormal uterine bleeding. Truckai filed a patent application and assigned his rights in the patent to NovaCept, Inc., a company he co-founded, and which was eventually acquired by Hologic, Inc. Truckai later went on to found Minerva Surgical, Inc., where he developed another device for treating abnormal uterine bleeding. Hologic filed a continuation application based on the originally assigned patent with claims covering Minerva&rsquo;s device. The continuation application issued into a patent.</p> <p>Hologic sued Minerva for patent infringement. Minerva asserted that Hologic&rsquo;s patent was invalid and, in response, Hologic invoked the doctrine of assignor estoppel. The District Court agreed that assignor estoppel barred Minerva&rsquo;s invalidity defense and the Court of Appeals for the Federal Circuit affirmed in relevant part. Minerva appealed to the Supreme Court.</p> <p style="text-align: justify;">On appeal, the Supreme Court upheld the doctrine of assignor estoppel, but with limits. The Supreme Court held that when the assignor has not made explicit or implicit representations contradicting an invalidity defense, there is no unfairness in allowing the assignor to assert an invalidity defense and assignor estoppel will not apply. Accordingly, a post-assignment change in patent claims removes the rationale for applying assignor estoppel where the new claims are &ldquo;materially broader&rdquo; than the claims as assigned. The Supreme Court remanded the case to the Federal Circuit to address whether Hologic&rsquo;s continuation claims are materially broader than the claims as assigned.</p> <p>The Supreme Court also identified additional examples where assignor estoppel may not apply. For example, assignor estoppel may not apply when an assignment occurs before an inventor can possibly make a warranty of validity as to specific patent claims, which may occur in certain employment arrangements, or when a later legal development renders the warranty given at the time of assignment irrelevant.</p>Client Alert14 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118111&format=xmlROI-NJ: Have a non-compete clause? Biden's EO could void it...but not for a whilehttp://csglaw.wiseadmin.biz/?t=40&an=118121&format=xml&p=7016<p><a href="/?t=3&amp;a=18841&amp;format=xml&amp;p=16431">Daniel D. Barnes</a> recently spoke with <em>ROI-NJ</em> detailing the Executive Order signed by President Joe Biden on July 9, 2021. This order includes 72 initiatives with the intent of opening competition as the key to changing the state of business and the economy.&nbsp;The initiatives could lead to a major shakeup of key industries, including technology and health care &ndash; and are sure to cause a battle between the administration and corporations that figures to end up in the courts.<br /> <br /> Dan explains how unclear now how much the executive order will impact employment in New Jersey, which already has established case law on the issue. &ldquo;The question is whether the federal floor is going to be higher or lower than New Jersey&rsquo;s floor. It sounds to me that it&rsquo;s going to be higher. But we don&rsquo;t know that yet.&rdquo;<br /> <br /> To read the full conversation, visit <a href="https://www.roi-nj.com/2021/07/12/politics/have-a-non-compete-clause-bidens-eo-could-void-it-but-not-for-a-while/?utm_source=ROI-NJ+MAIN+Newsletter+List+%282%2F4%2F19%29&amp;utm_campaign=c3b259b870-EMAIL_CAMPAIGN_2021_07_12_05_44&amp;utm_medium=email&amp;utm_term=0_6732b2b110-c3b259b870-44440918"><em>ROI-NJ</em>&rsquo;s website</a>.</p>Publication14 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118121&format=xmlFinancial Systems Analyst (3+ Years of Experience)http://csglaw.wiseadmin.biz/?t=40&an=118094&format=xml&p=7016<p>Chiesa Shahinian &amp; Giantomasi PC (&quot;CSG&quot;) has seen a tremendous amount of growth - and the firm's Information Technology Department is now looking for a talented financial systems analyst with 3 years plus of experience to join our team.</p> <p>Required Skills and Qualifications:</p> <ul> <li> <p>3+ years&rsquo; experience administering Aderant (preferably version 8.2.2) or a similar financial system such as Elite or Elite 3E</p> </li> <li> <p>Experience with related financial services applications such as Chrome River, Design Gallery, Paperless Proforma, Prebill Manager, Intapp Open (Conflicts &amp; Intake), and Iridium</p> </li> <li> <p>Experience drafting and revising Docudraft bill formats</p> </li> <li> <p>Solid understanding of financial processes</p> </li> <li> <p>Experience with accessing and processing data using SQL and/or similar data mining tools</p> </li> <li> <p>Ability to design and create summary and detail level reports for management; carry out ad hoc reporting using SQL, SSRS, Power BI, MS Access, or similar software</p> </li> <li> <p>Experience implementing, configuring, testing, maintaining and upgrading financial systems and coordinating efforts to address both finance and IT department concerns</p> </li> <li> <p>Maintain the Aderant financial software and its closely related third party products in production, test and development environments</p> </li> <li> <p>Perform ongoing analysis of departmental needs and make recommendations for efficient use of Financial Systems applications</p> </li> <li> <p>Analyze, solve, and correct issues in real time</p> </li> <li> <p>Team player with the ability to multi-task, work independently, and work under pressure</p> </li> <li> <p>Providing prompt support to business users</p> </li> <li> <p>Excellent oral and written communication skills</p> </li> <li> <p>Ability to communicate effectively with all levels of personnel</p> </li> <li> <p>Strong analytical, and problem-solving skills</p> </li> <li> <p>Comfortable making suggestions that can improve existing process and reporting</p> </li> <li> <p>Bachelor&rsquo;s degree in Accounting, Finance, Computer Science, or a related field</p> </li> </ul> <p>We encourage you to visit our website at <a href="https://www.csglaw.com/">www.csglaw.com</a> for more information. Candidates may apply by email to <a href="mailto:recruitment@csglaw.com">recruitment@csglaw.com</a>.</p> <p><em>At CSG, we are committed to the recruitment, development, and retention of diverse attorneys and staff. The firm&rsquo;s two programs &ndash; the Diversity &amp; Inclusion and Women&rsquo;s Initiatives &ndash; provide opportunities for attorneys and employees to enhance their legal careers through career development, mentoring and networking opportunities both within the firm and throughout the business and legal communities as a whole. CSG is proud to be an equal opportunity workplace and an affirmative action employer. Women, Minorities &amp; Veterans are encouraged to apply.</em></p>Available Position - Staff08 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118094&format=xmlU.S. Supreme Court Ruling Upholds Constitutionality of PTAB ALJ Structurehttp://csglaw.wiseadmin.biz/?t=40&an=118051&format=xml&p=7016<p>On June 21, 2021 the U.S. Supreme Court, in U.S. v. Arthrex, case number 19-1434, ruled on the constitutionality of the current structure of the Patent Trial and Appeal Board (PTAB), a tribunal within the U.S. Patent and Trademark Office where the validity of an issued patent can be challenged before administrative law judges (ALJs) during an inter partes review or a post grant review proceeding.<br /> <br /> The Petitioners had challenged an issued patent before the PTAB and the patent was ruled invalid. Patent owner Arthrex appealed, claiming that the structure of the PTAB violated the Appointments Clause of the Constitution, which provides that only the President, with the advice and consent of the Senate, can appoint principal officers, while inferior officers must be directed and supervised at some level by others who were appointed by Presidential nomination. Arthrex argued that ALJs exercise significant executive authority and discretion, including ultimately deciding the patentability of any claims at issue without direction or supervision from a higher ranking authority, and therefore are to be regarding as principal officers. Arthrex argued that since ALJs are not appointed by the President, their appointments are unconstitutional.<br /> <br /> The Supreme Court held that so long as the Director of the USPTO, who is appointed by the President, is granted the unilateral ability to review the judges' decisions, ALJs are to be categorized as inferior officers. With this change, the PTAB is deemed constitutionally sound, and past decisions rendered by ALJs remain in place.<br /> <br /> The Patent and Trademark Office responded by announcing an interim process for the Director&rsquo;s review of PTAB decisions, including performing reviews of past and present cases without being petitioned to do so or by request of a party to a PTAB proceeding.</p>Client Alert07 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118051&format=xmlCSG's Remore, Schaap & Brueckner to Serve on the New Jersey Women Lawyers Association's Board of Directors for 2021/2022 Termhttp://csglaw.wiseadmin.biz/?t=40&an=118025&format=xml&p=7016<p>Chiesa Shahinian &amp; Giantomasi (&ldquo;CSG&rdquo;) is pleased to announce that three of its attorneys, <a href="/?t=3&amp;a=18941&amp;format=xml&amp;p=16431">Abigail J. Remore</a>, <a href="/?t=3&amp;a=18949&amp;format=xml&amp;p=16431">Michelle A. Schaap</a>, and <a href="/?t=3&amp;a=19022&amp;format=xml&amp;p=16431">Paula I. Brueckner</a> will serve on the New Jersey Women Lawyers Association&rsquo;s (&ldquo;NJWLA&rdquo;) Board of Directors during its 2021/2022 term. The NJWLA&rsquo;s mission is to advance and retain women in the legal profession through education and activism, to promote qualified women to the highest levels of law firm, government, academic, community, and corporate positions, and to endorse qualified, female attorneys for appointments to the state and the federal judiciary.<br /> <br /> Abby Remore, a member in CSG&rsquo;s Intellectual Property Group, was elected to the NJWLA Executive Board in the position of Co-Chief Financial Officer, having served as its Co-Secretary in the previous term. Michelle Schaap, the practice group leader in the Privacy &amp; Data Security Group, will continue to serve as Co-Director of Nominations, having served as President of the organization from 2018-2019. Paula Brueckner, an associate in the Intellectual Property Group, will serve her second year as Co-Director of the NJWLA&rsquo;s Young Lawyers Committee.<br /> <br /> To learn more about the NJWLA, please <a href="http://www.njwla.org/">click here</a>.&nbsp;</p>News06 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118025&format=xmlLaw360: Chiesa Shahinian Adds Experienced IP Attorney in NYhttp://csglaw.wiseadmin.biz/?t=40&an=118018&format=xml&p=7016<p><a href="/?t=3&amp;a=22483&amp;format=xml&amp;p=16431">Wendy R. Stein</a> was featured in a <em>Law360</em> article offering a closer look at her recent move to CSG&rsquo;s Litigation Group. She lends almost two decades of experience to the firm and brings a practice almost evenly split between trade secrets and other types of IP litigation including, patent work, representing clients in fields such as technology and pharmaceuticals.<br /> <br /> &quot;CSG caught my attention because I had heard that CSG lawyers were not only incredibly bright and hard-working lawyers but also a tight-knit group that truly enjoys practicing law with each other. I had also heard that the firm was committed to growing its IP litigation presence in the Southern District of New York, which is where I practice; so, there was both a professional and personal fit,&quot; Wendy notes.<br /> <br /> To read the full story, visit <a href="https://www.law360.com/pulse/new-york-pulse/articles/1394629/chiesa-shahinian-adds-experienced-ip-attorney-in-ny"><em>Law360</em>&rsquo;s website</a>.</p>Publication02 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118018&format=xmlROI-NJ: Cannabis industry sees potential growth in 'canna-curious' customershttp://csglaw.wiseadmin.biz/?t=40&an=118019&format=xml&p=7016<p><a href="/?t=3&amp;a=19015&amp;format=xml&amp;p=16431">Lee Vartan</a> was featured in an <em>ROI-NJ</em> article discussing the potential growth of cannabis-infused products within the mainstream market for &ldquo;canna-curious&rdquo; consumers. As part of the effort to attract what industry commentators sometimes refer to as the &ldquo;canna-curious&rdquo; consumer, companies are looking for ways of branding and repackaging cannabis. The future for this consumer might not lie in smoking cannabis at all. According to those eyeing adult-use trends in New Jersey and elsewhere.<br /> <br /> Lee explains, &ldquo;With its population density and proximity to major metropolitan areas, New Jersey is well-positioned to benefit from a significant consumer pool,&rdquo; he said. &ldquo;Now it&rsquo;s just a matter of getting the physical and regulatory infrastructure in place.&rdquo;<br /> <br /> To read the full story, visit <a href="https://www.roi-nj.com/2021/06/15/lifestyle/curiouser-and-curiouser-cannabis-industry-sees-potential-growth-in-canna-curious-customers/"><em>ROI-NJ</em>&rsquo;s website</a>.</p>Publication02 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=118019&format=xmlEnvironmental Associate (3+ Years of Experience)http://csglaw.wiseadmin.biz/?t=40&an=117994&format=xml&p=7016<p>Chiesa Shahinian &amp; Giantomasi PC (&quot;CSG&quot;) has seen a tremendous amount of growth - and the firm's Environmental Practice Group is now looking for a talented associate with 3 years plus of experience to join our team. As part of our team, you will get the opportunity to work on complex and challenging assignments alongside leaders in the field.</p> <p>We are committed to your future and offer mentorship and professional development opportunities for lawyers at every level. CSG Members and senior attorneys provide on-going feedback in a supportive environment.</p> <p>Qualified candidates should have 3 plus years regulatory, transactional and litigation experience, excellent written and verbal skills, outstanding academic credentials and the ability to handle multiple assignments contemporaneously. New Jersey Bar required.</p> <p>We encourage you to visit our website at <a href="https://www.csglaw.com/">www.csglaw.com</a> for more information. Candidates may apply by email to <a href="mailto:recruitment@csglaw.com">recruitment@csglaw.com</a>.</p> <p><em>At CSG we are committed to the recruitment, development, and retention of diverse attorneys and staff. The firm&rsquo;s two programs &ndash; the Diversity &amp; Inclusion and Women&rsquo;s Initiatives &ndash; provide opportunities for attorneys and employees to enhance their legal careers through career development, mentoring and networking opportunities both within the firm and throughout the business and legal communities as a whole. CSG is proud to be an equal opportunity workplace and an affirmative action employer. Women, Minorities &amp; Veterans are encouraged to apply.</em></p>Available Position - Attorneys01 Jul 2021 00:00:00 -0800http://csglaw.wiseadmin.biz/?t=40&an=117994&format=xml