News & Insights

The Business Lawyer's Quick Guide to Choice of Entity: Corporation vs. LLC

There  are  many  different  types  of  business  entities,  including  corporations,  general partnerships, limited partnerships, limited liability partnerships, limited liability companies, and even sole proprietorships. Historically, the most popular type of entity was the corporation, but in the last twenty years, the limited liability company (“LLC”) has become the entity of choice. In the co-authored article, “The Business Lawyer’s Quick Guide to Choice of Entity: Corporation vs. LLC,” attorneys Gianfranco Pietrafesa and Jason Zoranski summarize  some  of  the  general  advantages  and  disadvantages  of  (1)  a corporation taxed as a C corporation, (2) a corporation taxed as an S corporation, and (3) an LLC taxed as a partnership (with two or more owners) or a disregarded entity (with one owner). It then reviews the more important characteristics of these types of business entities and their tax treatment. ...read more

Businesses Should Watch State Moves as Noncompete Bans Change

With the Federal Trade Commission’s noncompete ban pending on appeal, the importance of state law rulings on the matter are once again in the spotlight. In the Bloomberg Law article “Businesses Should Watch State Moves as Noncompete Bans Change,” attorney Amy Pearl writes about the status of the ban, state law developments, and alternative protections businesses may consider. ...read more

Steps to Interpreting NJ-RULLCA

It has been more than a decade since New Jersey overhauled its limited liability company (LLC) statute. Adopted on Sept. 19, 2012, the New Jersey Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 et seq. (NJ-RULLCA) became effective on March 18, 2013, for newly formed LLCs and on March 1, 2014, for all LLCs. Only a handful of opinions interpreting the statute have been published by the courts since that time. ...read more

For Now, the Corporate Transparency Act Applies Only to Foreign Companies

On March 21, 2025, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued a press release with its interim final rules addressing the Corporate Transparency Act (“CTA”). On March 26, 2025, the interim final rules were published in the Federal Register. Also, FinCEN published two alerts as well as Questions and Answers about the final interim rules. ...read more

The End is Near for the Corporate Transparency Act

As we noted in our advisory on Friday, February 28, 2025, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued a statement announcing that: ...read more

FinCEN Says no Fines or Penalties for Failing to File by Current Deadlines

As we noted just a week ago in our advisory, companies required to file beneficial ownership information (“BOI”) reports with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) under the Corporate Transparency Act (“CTA”) generally were required to do so by the new filing deadline of Friday, March 21, 2025. ...read more

Scutari Seeks to Re-criminalize Buying Small Amounts of Cannabis from Unlicensed Dealers

In the POLITICO article, “Scutari Seeks to Re-criminalize Buying Small Amounts of Cannabis from Unlicensed Dealers,” partner Bill Caruso, Chair of Archer’s Cannabis Group, commented on the New Jersey Senate President’s new proposal. On February 20, Nick Scutari proposed a bill to make knowingly buying cannabis from a business that’s not licensed by the Cannabis Regulatory Commission a disorderly person’s offense, equivalent of a misdemeanor. Additionally, the legislation states that selling any amount of cannabis illegally would be a third-degree crime, punishable by three to five years in prison. ...read more

Harassment and Discrimination in the Workplace

In speaking to New Jersey Business Magazine about predictive measures every employer must have regarding harassment and discrimination in the workplace, partner Peter L. Frattarelli spoke about formal procedures. Chair of Archer's Labor & Employment Group, Peter said, "Employers  need to lay out a complaint procedure that employees can use to the extent they feel that they’re a witness to a harasser and/or they are a victim of harassment. Employees should be allowed to complain to pretty much anybody in the organization who’s in a position of authority." ...read more

Lawyers Weigh 'Right to Disconnect' During Remote Work

In the ALM.COM article, "Lawyers Weigh 'Right to Disconnect' During Remote Work," partner Peter Frattarelli was asked for his thoughts on employers after-hours communications with their employees. Some jurisdictions are considering penalties for bosses who require workers to reply to their late-night calls, emails and text messages. There is a measure pending in New Jersey's General Assembly establishing a fine for employers who continually do this. ...read more

The Future of DEI in Legal

The legal landscape around diversity, equity, and inclusion has shifted significantly in the wake of several significant judicial opinions. While the legal profession has been notoriously slow to make progress in its efforts to nurture more inclusive practice environments, there is optimism about the advancement of inclusion in the profession.  ...read more

Steven Mignogna Appointed to ACTEC Leadership Roles

Archer partner Steven K. Mignogna has been appointed to the National Membership Committee of the American College of Trust and Estate Counsel (ACTEC) and reappointed to the Board of Regents of ACTEC. The National Membership Committee is responsible for selecting ACTEC Fellows from nominations around the country. The Board of Regents is ACTEC’s governing body.   ...read more

Gianfranco Pietrafesa Appointed to Law360 New Jersey Editorial Advisory Board

Archer is pleased to announce that legal news publisher Law360 has appointed Gianfranco A. Pietrafesa, a partner in the firm’s Mergers & Acquisitions and Business Counseling Groups, to the Law360 New Jersey Editorial Advisory Board. The board is composed of leaders in their field who are uniquely positioned to provide feedback and share insights into New Jersey’s legal market helping inform Law360’s coverage. Gianfranco will serve as one of only 11 attorneys that have been chosen for the board. Law360 New Jersey is a daily online news resource that provides analysis and updates on the latest legal developments, trends, deals, litigation, and policies impacting New Jersey. ...read more

Super Lawyers Names 17 Archer Attorneys to its 2025 New Jersey Lists

Archer congratulates its attorneys included in the 2025 New Jersey Super Lawyers and Super Lawyers Rising Stars lists. ...read more

2025 Business Law Symposium

Archer partner Gianfranco A. Pietrafesa will be serving as the moderator and a speaker at the “2025 Business Law Symposium.” Joining Franco as a speaker at this year’s event will be Archer partner Kate A. Sherlock. Co-sponsored by the New Jersey Institute for Continuing Legal Education (NJICLE) and New Jersey State Bar Association’s Business Law Section, the Symposium brings together attorneys, accountants and other professionals to explore the latest trends in and challenges for business. ...read more

The Energy Executive Roundtable: Strategies for Tomorrow

Richard Mroz, Archer Public Affairs Senior Director of Strategy and Regulatory Affairs, will moderate the panel “The Energy Executive Roundtable: Strategies for Tomorrow” at the Chamber of Commerce of Southern New Jersey’s 2025 Energy & Environment Outlook Forum.  This year’s forum will feature Christine Guhl-Sadovy, President of the NJBPU and Shawn LaTourette, Commissioner of the NJDEP. Archer Public Affairs is a subsidiary of Archer & Greiner. ...read more

The Second Act of Cannabis Event

Attorneys Bill Caruso and Douglas Diaz will be serving as panelists during the NJBIA half-day cannabis industry conference “The Second Act of Cannabis in the Garden State.” Conference attendees will explore real impacts to New Jersey businesses operating in the recreational cannabis marketplace. The event will focus on employer human resources challenges any business can face, including liabilities and risks, and will discuss how the cannabis industry may evolve under a new federal administration. During the conference, Bill, who is chair of Archer’s Cannabis Group, will serve as moderator for the  program “Cannabis Market Trends Impacting New Jersey Businesses.” Douglas, a member of Archer’s Labor & Employment Group, will be a panelist for the program “Balancing the Highs - Employee Policies and Workplace Practices in a Cannabis-Legal World.” ...read more