News & Publications

In this issue:

• Federal District Court in Texas Finds FTC’s Noncompete Ban Unlawful
• New York Second Department Reverses Trial Court’s Denial of Motion to Dismiss Foreclosure Complaint on Statute of Limitations Grounds

In this issue:

• Life Insurance Funded Buy-Sell Agreements Should Be Reviewed in Light of United States Supreme Court Decision in Connelly v. United States
• Corporate Transparency Act Filing Deadline is Approaching
• Do You Need to Make a Substantial Gift Between Now and the End Of 2025 to Take Advantage of The Current Fedferel Gift and Estate Tax Exemption Before It’s Reduced in Half at the End of 2025?

In this issue:

• New York Second Department Affirms Denial of Motion for Summary Judgment in Foreclosure Action Due to Failure to Demonstrate Compliance With RPAPL 1304
• New York Second Department Reverses Trial Court’s Denial of Motion to Dismiss Third-Party Complaint Against Guarantor

In this issue:

• New York First Department Reverses Order Denying Lender’s Motion for Summary Judgment in Action Against Borrowers
• New York Second Department Refuses to Enforce Arbitration Provision Contained in Deposit Account Agreement Amendment

In this issue:

• First Department Affirms Order Granting Summary Judgment in Foreclosure Action
• First Department Enforces Arbitration Provision Against Lender in Foreclosure Action

In this issue:

• Federal Trade Commission Unveils Rule Banning Non-Compete Agreements
• Delaware Chancery Court Deals Blow to Stockholder Agreements that Favor Single Stockholders

In this issue:

• Federal Trade Commission Adopts Final Rule That Would Prohibit Most Noncompete Agreements
• New Jersey Appellate Division Finds Bank’s Breach of Contract Claim Pursuant to HELOC Agreement Was Timely Filed

In this issue:

• New Jersey Appellate Division Affirms Dismissal of CFA Claim Against Mortgage Loan Servicer
• New Jersey Appellate Division Affirms Dismissal of Claim Based on Dishonored Check and Award of Sanctions for Frivolous Litigation

In this issue:

• 2023 Gift Tax Return Filing Reminder
• To Give or Not to Give (Before the Estate Tax Exemption is Reduced at the End of 2025)?
• Sherman Atlas is Proud to Announce the Election of Allison Clayton to the Partnership
• Sherman Atlas Proudly Announces that Kathleen Clark has Joined the Firm's Tax and Trusts & Estates Group
• Sherman Atlas Proudly Welcomes Joanna Kessler to the Firm's Tax and Trusts & Estates Group

In this issue:

• New York Appellate Division Refuses to Toll Accrual of Interest in Foreclosure Action Due to Delays
• New York Appellate Division Finds That Foreclosure Action is Time-Barred After Voluntary Discontinuance of First Action

In this issue:

• New York Appellate Division Refuses to Vacate Judgment of Foreclosure and Sale
• New Jersey Appellate Division Finds Duplicate Copies of Checks Sufficient to Establish Defense to Dishonored Check Claim

2023 Year in Review:

• Commercial Mortgage Loans
• C&I Lending
• Participations and Syndications

In this issue:

• The Corporate Transparency Act
• New Jersey’s Entity Conversion Statute

In this issue:

• The New Corporate Transparency Act
• 2024 Inflation Adjustments for Tax Items
• New Attorneys at Sherman Atlas in our Tax and Trusts & Estates Group

In this issue:

• New Jersey Appellate Division Refuses to Vacate Sheriff’s Sale on Motion Unsupported by Client Certification
• New Jersey Appellate Division Finds That Joint Account Held by Husband and Wife is Subject to Levy

In this issue:

• New Jersey Appellate Division Reaffirms That Offer of Judgment Rule Does Not Apply To Involuntary Dismissal
• New Jersey Appellate Division Affirms Dismissal of Claim Based on Dishonored Check

In this issue:

• New York Appellate Division Finds Insufficient Proof of Mailing Precludes Entry of Summary Judgment in Favor of Lender in Foreclosure Action
• New Jersey Appellate Division Enforces Arbitration Provision Against Consumer

In this issue:

• New Jersey Appellate Division Affirms Dismissal of Action Arising From Dishonored Check After Trial
• New Jersey Appellate Division Affirms Dismissal of Consumer Fraud Class Action Against Debt Collector

In this issue:

• New Jersey Appellate Division Affirms Dismissal of Action Against Financial Institution Based on Ineffective Power of Attorney
• New Jersey Appellate Division Refuses to Vacate Foreclosure Sale Based on Allegedly Defective Notice of Sale

In this issue:

• New Jersey Appellate Division Enforces Online Arbitration Agreement 
• New Jersey Appellate Division Upholds Final Judgment of Foreclosure Against Borrower’s Challenge to Standing

In this issue:

• New York Appellate Division, Second Department, Refuses to Set Aside Foreclosure Sale
• New Jersey Appellate Division Holds That Lender Entitled to Interest Under Guaranty Mortgage

In this issue:

• Using Cost-Shifting in Responding to Overbroad and Burdensome Subpoenas
• New Jersey Appellate Division Strikes Down “Unconscionable” Arbitration Provision

In this issue:

• New Jersey Appellate Division Denies Appeal Seeking to Contest Foreclosure Action as Moot
• New Jersey Trial Court Rejects Borrower’s Unclean Hands Defense to Foreclosure Action

In this issue:

• New Jersey Appellate Division Reverses Trial Court and Dismisses Foreclosure Action With Prejudice as Untimely
• New Jersey Appellate Division Reverses Trial Court’s Denial of Motion to Vacate Final Judgment of Foreclosure

In this issue:

• Private Company Ownership Disclosure is Coming
• On Our Watchlist:  Non-Compete Clauses Under Scrutiny