News & Insights

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

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

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

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

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

What’s New with LLCs?

Partner Gianfranco A. Pietrafesa will be moderating his annual “What’s New with LLCs?” seminar at the New Jersey State Bar Association Annual Meeting. Franco brings his extensive background on New Jersey LLC law to the panel having served on the select committee that drafted the New Jersey Revised Uniform Limited Liability Company Act. ...read more

Powers of the Improvement Authority, Financing Program & Capital Markets

Archer partner John M. Cantalupo will be a panelist for the program “Powers of the Improvement Authority, Financing Program & Capital Markets” at the New Jersey Association of Counties Annual Conference. The 74th annual celebration of county government is a can’t miss opportunity to network and share ideas with leaders from across the Garden State. ...read more