News & Insights

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

Modifying the Representation and Warranty About Financial Statements Being Prepared in Accordance With GAAP

Partner Gianfranco Pietrafesa co-authored the article "Modifying the Representation and Warranty About Financial Statements Being Prepared in Accordance with GAAP," which reviews the customary representation and warranty (“R&W”) in stock and asset purchase agreements concerning a target company’s financial statements being prepared in accordance with generally accepted accounting principles in the United States (“GAAP”). However, many private companies, especially small, closely-held, and family-owned companies, do not prepare their financial statements in accordance with GAAP. That is, their financial statements deviate from GAAP. Yet, many attorneys representing buyers require the R&W to include such language. ...read more

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

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

Delaware Amends Trade Name Registration Rules

UPDATE: On May 27, 2025, Delaware delayed the effective date of the new trade name registration rules from June 2, 2025 to February 2, 2026.  The Delaware Division of Revenue will issue an FAQ guide prior to the extension date.  In the meantime, Delaware trade name filings will continue to be handled at the applicable county. ...read more

USEPA Announces Drinking Water MCLs for PFOA and PFOS Will Remain in Place

On May 14, 2025, the United States Environmental Protection Agency (USEPA) announced significant developments in the enforcement of the National Primary Drinking Water Regulation (NPDWR) passed under the Biden Administration that established legally-enforceable Maximum Contaminant Levels (MCLs) for certain per- and polyfluoroalkyl substances (PFAS) in drinking water. ...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

Buying Keyword Search in Competitor's Name Doesn't Breach Ethics Rules, 4-1 Ruling Says

The New Jersey Supreme Court has ruled that attorneys may purchase search engine keywords using the names of competing lawyers, so long as they include a clear disclaimer on any landing page. Common in digital marketing, the practice was found not inherently unethical under RPC 8.4(c), despite concerns raised by both the New Jersey State Bar Association and the Bergen County Bar Association. Archer partner Andrew Cevasco, who represented the Bergen County Bar Association, acknowledged the court’s attempt to balance innovation with transparency, stating: “I am gratified that the Supreme Court has reiterated that attorney advertising must be transparent and ethical and that the court now requires that an attorney who purchases the name of a competitor as a search term must include a disclaimer.” Still, Andrew expressed disappointment with the ruling’s limits, aligning with Justice Douglas Fasciale’s dissent, which characterized the practice as ethically questionable: “I respectfully wish that the court had adopted Justice Fasciale’s dissent... and holds attorneys to a higher standard of ethical conduct and professionalism.” While the majority found the keyword practice permissible with safeguards, Andrew and others remain concerned about the potential for misleading consumers, especially during sensitive moments when legal help is being sought. ...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

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

Justice Lee Solomon (Ret.) Named 2025 New Jersey State Bar Foundation Medal of Honor Recipient

Archer is pleased to announce that Justice Lee A. Solomon (Ret.) has been named as one of the New Jersey State Bar Foundation (NJSBF) Medal of Honor recipients for 2025. The award will be presented on September 17th at the NJSBF’s Annual Awards Dinner at Park Chateau, East Brunswick. ...read more

David Edelstein and Douglas Leney Receive Equal Justice Medal from Legal Services of New Jersey

Archer proudly announces that partners David F. Edelstein and Douglas G. Leney have been selected to receive the Equal Justice Medal from Legal Services of New Jersey and the New Jersey Legal Services system. Their recognition as a Major Contributor of Pro Bono Services honors their outstanding commitment to pro bono service and their unwavering support to clients of Legal Services. Specifically, David is being recognized for his service to clients referred by Northeast New Jersey Legal Services and Douglas is being recognized for his service to clients referred by South Jersey Legal Services. ...read more

You Get What You Tax For: How Tax Policy Fuels the Housing Crisis and How to Fix It

Jeffrey Gradone will be presenting the program “You Get What You Tax For: How Tax Policy Fuels the Housing Crisis and How to Fix It” at the 2025 New Jersey Planning and Redevelopment Conference. During this session, panelists will discuss how property taxes and other tax incentives and penalties work against municipalities and planners who are concentrating on zoning to encourage creation of housing. The three day conference features timely, thought-provoking sessions that will ignite new ideas and strategies for tackling the challenges of land use, sustainable growth, and community resilience. To learn more click here. Date & Time:Friday, June 132:30 PM - 3:45 PM Location:Hyatt RegencyNew Brunswick, NJ ...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

Initial Filing in Probate Court and Estate Timeline

Archer partner Tara Zane will be presenting the program “Initial Filing in Probate Court and Estate Timeline” at the National Business Institute’s seminar “New Jersey Probate Process from Start to Finish.” This seminar provides an all-inclusive guide to probate, as well as an update on the latest court procedures and tax laws. ...read more