News & Insights

D&O "Capacity Exclusion" May Bar Coverage When Acting Outside the Scope of Insured Status

Directors’ and officers’ (D&O) policies insure against claims arising from alleged wrongful acts attributed to directors and officers of the insured entity—provided they were principally engaged in that capacity at the time the alleged wrongful conduct was committed. In other words, such coverage is placed in question when the insureds accused of the alleged wrongful conduct were not acting strictly within their insured role. In that circumstance, the D&O insurer will undoubtedly invoke its policy’s “capacity exclusion” to bar coverage. ...read more

Should a Financially Dependent Child Who Rejects One Parent Still Be Emancipated?

A parent’s financial obligation for children over the age of majority continues to confound. Eighteen-year-olds have a mind of their own, yet many remain financially dependent. Should a court grant a request for emancipation when a headstrong adult child rejects a payor-parent’s influence, but remains dependent on the other parent? ...read more

Neighboring States Have Either Passed or Proposed Climate Superfund Laws - Is Pennsylvania Next?

Following Vermont and New York’s enactment of a Climate Change Superfund Act, New Jersey, Maryland, Massachusetts and California are proposing their own superfund laws, which Marc Rollo, Charlie Dennen and Grace Baccare discuss in The Legal Intelligencer article, “Neighboring States Have Either Passed or Proposed Climate Superfund Laws— Is Pennsylvania Next?”. These states are seeking to impose liability on certain responsible parties for damages caused by extracting fossil fuels or refining crude oil. Compensatory payments would be collected from responsible parties and allocated to a climate superfund cost recovery program. While these proposals have not yet been enacted, they do serve as an indicator that more states will propose their own law, including perhaps Pennsylvania. However, the U.S. Chamber of Commerce and American Petroleum Institute are pushing back and recently filed a lawsuit against the state of Vermont, arguing that their version of the climate superfund law is an overreach of state power. New York will likely face the same legal challenge. ...read more

The Corporate Transparency Act is Back, with a New Filing Deadline

Companies that are 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”) must generally do so by the new filing deadline of Friday, March 21, 2025. ...read more

A Second Nationwide Preliminary Injunction Continues the Suspension of Required Filings Under the Corporate Transparency Act

On January 23, 2025, the U.S. Supreme Court stayed the nationwide (a.k.a., universal) preliminary injunction preventing the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) from enforcing the Corporate Transparency Act (“CTA”). As a result of the Supreme Court’s decision in the Texas Top Cop Shop case, available here, it was anticipated that reporting companies would be required to file their beneficial ownership information (“BOI”) reports with FinCEN, as provided in the CTA. See our advisory. ...read more

U.S. Supreme Court Stays Preliminary Injunction and Reinstates Corporate Transparency Act

On January 23, 2025, the U.S. Supreme Court stayed the nationwide (a.k.a., universal) preliminary injunction preventing the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) from enforcing the Corporate Transparency Act (“CTA”). As a result of the Supreme Court’s decision, available here, reporting companies will now be required to file their beneficial ownership information reports with FinCEN, as provided in the CTA. ...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

Unanswered Questions on Remote Work Complicate NJ Wage Transparency Law, Litigators Say

Labor & Employment Group Chair, Peter L. Frattarelli, spoke with the New Jersey Law Journal regarding the wage transparency legislation saying he will advise clients on two main priorities to meet before New Jersey’s version of the law takes effect on June 1. He noted employers need to be ready to comply with the new law by the effective date, adding that any pay disparity between employees needs to be justified because of this new legislation and existing pay equity law. However, there are unanswered questions about the state’s version of the law which need more clarity. ...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

Former New Jersey Supreme Court Justice Lee A. Solomon Joins Archer & Greiner

Archer & Greiner, P.C. (“Archer”) is pleased to announce the Honorable Lee A. Solomon (Ret.) has joined the firm’s Business Litigation Group as Of Counsel, bringing a decade of service on the New Jersey Supreme Court in his return to private practice. ...read more

Steven Mignogna Reappointed to Advisory Committee of Heckerling Institute on Estate Planning

Archer partner Steven K. Mignogna has been reappointed to the Advisory Committee of the Heckerling Institute on Estate Planning. The Heckerling Institute on Estate Planning is widely regarded as one of the premier estate planning programs in the country. With over 3,000 attendees, it is the largest estate planning conference of the year. As a board member, Steve helps to implement the goals of the Institute, which include presenting the most important developments in the areas of estate planning, probate litigation and estate, gift and income taxation. ...read more

Gianfranco Pietrafesa Recognized by New Jersey State Bar Association

Gianfranco A. Pietrafesa, a partner of the firm and a member of its Business Counseling and M&A groups, was recognized by the New Jersey State Bar Association (NJSBA) on December 12, 2024 for appearing on behalf of the NJSBA as amicus curie in the New Jersey Appellate Division in Patel v. New Jersey Department of Treasury. The case involved an issue of first impression under New Jersey’s LLC statute, NJ-RULLCA, and resulted in a published opinion (479 N.J. Super. 26 (App. Div. 2024)). Gianfranco was a member of the select committee that drafted New Jersey’s LLC statute, has written and lectured extensively on NJ-RULLCA, and is considered an authority on the subject. ...read more

2025 ABA/IPT Advanced Tax Seminar

Partner Alex Genato will be presenting the program “A Big, Easy Guide to Recent Trends in Property Tax Exemptions” at the 2025 ABA/IPT Advanced Tax Seminar. Governments continue to seek ways to expand revenue collection while keeping their residential taxpayers happy. This program explores how varying property tax exemption statutes affect taxpayers operating across a range of industries. ...read more

Chamber of Commerce Southern New Jersey Cannabis Workshop

Partner Bill Caruso will serve as the moderator for the Chamber of Commerce Southern New Jersey’s “Cannabis Workshop.” Joining Bill will be a panel of industry leaders, who will be discussing the current state of cannabis and its future. ...read more

ABA Real Property Trust & Estate Law Section Virtual CLE Conference

Join partner Steven K. Mignogna, who will be presenting the program "Seven Deadly Trust and Estate Claims," at the American Bar Association's first annual, ABA Real Property Trust & Estate Law Section Virtual CLE Conference. This 2-day conference is designed to keep practitioners up to date on the latest developments in core planning topics in each of the trusts and estates and real property fields. Steve’s program focuses on seven significant novel claims that have come about as estate and trust litigation intensifies around the country. These include: ...read more