News & Insights

When the Statute is Your LLC Operating Agreement

In this article, author Gianfranco Pietrafesa cautions against forming a New Jersey LLC without legal guidance, noting that while it's easy to do online, it may lead to unintended consequences. He concludes by emphasizing the importance of hiring an experienced attorney to draft a proper operating agreement, as relying on default state laws (NJ-RULLCA) may result in terms that don’t align with the members' intentions. ...read more

The Importance of Corporate Meeting Minutes

In this article, attorneys Gianfranco Pietrafesa and Jiyoung Won highlight the importance of meeting minutes for both legal compliance under New Jersey law and sound corporate governance. It outlines when minutes should be prepared, what they should include, and emphasizes that attorneys should consult the New Jersey Business Corporation Act and key legal texts to ensure proper documentation practices. ...read more

An Update on the EPA's Recent Action Regarding PFAS

In the Legal Intelligencer article “An Update on the EPA's Recent Action Regarding PFAS” partner Charles Dennen provides a timely update on the EPA’s ongoing efforts to regulate PFAS under the Trump administration’s second term. Despite a general deregulatory stance in President Trump’s second term, the EPA under Administrator Lee Zeldin has shown continuity with the Biden-era PFAS policies. PFAS—persistent, harmful chemicals often found in water—remain a federal priority. The EPA recently announced 21 initiatives across three pillars: ...read more

State Tax Equalization Board Releases 2024 Common Level Ratios

The State Tax Equalization Board (STEB) has released its Common Level Ratio (CLR) of assessed value to market value for each county in Pennsylvania for calendar year 2024 (applicable to tax appeals filed for tax year 2026). The CLR can be used to convert fair market values into assessed values in conjunction with property tax appeals, subject to a taxpayer’s right to claim a lower ratio to reflect the same level of assessed value to fair market value for similarly situated property. The 2024 CLRs can be viewed here. ...read more

U.S. Justice Department Establishes New Data Security Program to Prevent Foreign Adversaries from Exploiting Americans’ Sensitive Data

U.S. companies that collect and store sensitive personal data have until July 8, 2025 to comply with a new Department of Justice rule, known as the Data Security Program (“DSP”). What is the Data Security Program? The DSP prohibits U.S. companies from sharing bulk sensitive personal data with individuals or entities from countries identified as foreign adversaries, including but not limited to China, Russia, Cuba, Venezuela, and Iran (“Covered Person(s)”). Under the program, sensitive personal data is defined broadly and is not limited to traditional "PII", such as social security numbers and bank account information.  Instead, the DSP aims to protect a much broader scope of information, including but not limited to human genomic information, geolocation information, biometric and health information, and financial information. Additionally, the DSP applies to government-related data, including any precise geolocation data and sensitive personal data that a transacting party markets as linked or linkable to certain current or recent former U.S. government employees. ...read more

New Jersey Department of Human Services Seeks to Eliminate Any Willing Provider Requirements and to Authorize Termination of Medicaid Managed Care Contracts for Nursing Homes Throughout New Jersey

The New Jersey Department of Human Services (DHS) recently announced a new administrative initiative that would provide waivers of the long-standing Any Willing Provider (AWP) policy. The current AWP policy mandates that any participating Medicaid Managed Care Plan must include in its network all long-term care providers who request enrollment. This policy has been in effect in New Jersey since the beginning of the NJMMIS Managed Long-Term Services program in 2015.  ...read more

College Sports’ Multibillion- Dollar House Settlement Has Been Approved, But What Happens Now?

As college sports enter a transformative period with the official rollout of revenue sharing and stricter Name, Image, and Likeness (NIL) enforcement, Archer attorney Patrick Afriyie, a former NFL and Colgate football player spoke to the Pittsburgh Post-Gazette about the legal and institutional implications of this shift. The NIL clearinghouse, which opened June 11, sets off a 30-day window for athletes to log qualifying endorsement deals. By July 1, the revenue-sharing era begins, officially marking a new chapter in college athletics where the traditional amateur model is being replaced by a more professionalized system. “There’s just been a major change,” Patrick told the Post-Gazette. “I think when the NCAA lost the lawsuit that allowed players to start capitalizing on their [NIL], that was when they started to lose a lot of their control that they've had and relied upon for decades.” He notes that the NCAA’s power structure, once built on the principle of amateurism, has been fundamentally eroded, with schools now obligated to navigate a regulatory environment shaped by new compliance systems like the College Sports Commission (CSC) and NIL Go, the digital platform for deal oversight. ...read more

N.J. Lawmakers Mull Whether to Recriminalize Some Cannabis Sales, Purchases

Recently, New Jersey lawmakers deliberated a bill, sponsored by Senate President Nick Scutari, that would criminalize the sale and purchase of unlicensed marijuana. Senator Scutari explained that the bill addresses unlicensed brick-and-mortar stores as well as drug dealers. Under the bill, operating an unlicensed marijuana business would be a third-degree crime and knowingly purchasing from one of these sellers would result in a disorderly persons offense. Proponents of the bill see it as corrective measure to the black market that has continued to operate after the legalizations of recreational cannabis in New Jersey. ...read more

Recriminalizing MJ Possession and Underground Legacy Crackdown NJ Senate Hearing Held

The New Jersey Senate Judiciary Committee recently held a hearing on a bill aimed at recriminalizing the purchase, sale and possession of unlicensed marijuana. Heady NJ covered the hearing in the article “Recriminalizing MJ Possession and Underground Legacy Crackdown NJ Senate Hearing Held.” Committee members debated both sides of the proposed bill. NJ Senate President Nick Scutari emphasized the looming collapse of the cannabis market if the price disparity between the underground market and legal dispensaries continues. Senator Scutari exclaimed at the hearing, “It is time for us to put in writing that you cannot buy illegal products. You can’t sell it. You can’t do it without a license.” Opposingly, Senator Troy Singleton explained, “We’ve literally taken the free enterprise system out of the regulated market because we’ve limited the amount of competition to a large measure.” He emphasized that the collapse of the legal cannabis market may come from within due to the high pricing practices around the corporate aspect of the industry. ...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

Maureen Coghlan Sworn in as Trustee of the Association of the Federal Bar of New Jersey

Archer is proud to announce that partner Maureen T. Coghlan has been selected as a Trustee of the Association of the Federal Bar of New Jersey (AFBNJ). Maureen was sworn in as a Trustee on June 10, 2025, during the 48th Annual William J. Brennan, Jr. Award Reception held at the Park Chateau in East Brunswick. ...read more

2025 Chambers USA Recognizes Archer Attorneys and Practices

The 2025 Chambers USA Guide has ranked eight Archer attorneys and two practice groups. Chambers and Partners is regarded as one of the world’s leading independent legal research companies, offering detailed rankings and insights into leading lawyers and law firms across 200 jurisdictions in more than 70 countries. Click here to read Chambers complete methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. ...read more

Archer Welcomes Class of 2025 Summer Associates

Archer is excited to kick off its 2025 Summer Associate Program, welcoming eight exceptional law students from six distinguished universities. Each year, Archer’s program attracts talented students from across the region, and this year’s class brings a broad range of experiences and perspectives to the firm. ...read more

Recent Developments in New Jersey Law 2025

Archer attorneys Peter Frattarelli and Matthew Nicodemo will be speaking at the New Jersey State Bar Association program “Recent Developments in New Jersey Law 2025.” Peter will serve as moderator of the program and will present on severance agreements, plant closures, mass layoffs, and New Jersey’s law on mandatory severance, offering insights into evolving obligations for employers. Matthew will present on recent developments in estate and trust law, addressing key updates that impact estate planning and fiduciary matters across the state. ...read more

Crisis Averted – What Disciplined Attorneys Wish They Knew Before It Was Too Late

Archer partner Carlos Bollar will be one of the featured speakers at the New Jersey State Bar Association program “Crisis Averted – What Disciplined Attorneys Wish They Knew Before It Was Too Late.” This timely seminar brings together a panel of experienced ethics attorneys who will turn real disciplinary cases into proactive guidance. ...read more

Not-for-Profit Status Under Attack - Implications for Universities and Other 501(c)(3) Muni Market Issuers

Partner Noel Fleming will be a panelist in the discussion, "Not-for-Profit Status Under Attack – Implications for Universities and Other 501(c)(3) Muni Market Issuers." This important conversation, presented by the Philadelphia Area Municipal Analyst Society,  will explore the growing challenges to 501(c)(3) tax-exempt status, the legal process for revocation, and what it all means for nonprofit institutions like universities, healthcare organizations, housing agencies, and more. With high-profile cases drawing national attention, the potential impact on nonprofit borrowers and the muni market is significant. Join Noel and other industry leaders as they share insights on what’s at stake and how the sector is responding. ...read more