News & Insights

More NJ Case Law on LLCs Would Aid Attys, Litigants, Biz

In a recent article for Law360, Archer partner Gianfranco Pietrafesa, a member of the firm's Business Counseling Group, highlights the lack of New Jersey case law interpreting the New Jersey Revised Uniform Limited Liability Company Act (NJ-RULLCA). Since LLCs are the most widely used business entity in the state, the limited number of published opinions creates uncertainty for attorneys, litigants, and businesses seeking clarity on key governance and statutory issues. ...read more

EPA's Proposal to Rescind 2009 Endangerment Finding and the Impact of 'Loper Bright'

The EPA has proposed rescinding its 2009 “endangerment finding,” the foundation for federal greenhouse gas regulations. The agency argues that the Supreme Court’s 2024 decision in Loper Bright v. Raimondo, which overturned the long-standing Chevron doctrine, undermines the legal basis for the finding. ...read more

Conflicting Noncompete Laws Create a Choice-of Law Chess Match

In an article for Bloomberg Law, partner Tom Muccifori, chair of Archer’s Trade Secret Protection & Restrictive Covenants Group, explores the growing uncertainty surrounding noncompete enforcement and highlights the critical role of choice-of-law and jurisdictional provisions in mitigating risk. ...read more

New H-1B Application Fee Requirement Announced

On Friday, September 19, 2025, President Donald Trump issued a Presidential Proclamation that set forth new conditions and restrictions on the admission of workers on H-1B visas into the United States. The most immediate effect of this Proclamation is to require the payment of a $100,000 fee for H-1B visa applications. While some of the language of the Proclamation is open-ended, it is critical to note that this fee, as stated, applies only to new applications for prospective workers who are currently outside the country. Thus, the Proclamation does not apply to those: ...read more

USEPA Announces Proposal to End Greenhouse Gas Reporting Program

On September 12, 2025, the United States Environmental Protection Agency (USEPA) formally announced a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP). The GHGRP applies to 47 source categories and covers approximately 8,000 facilities throughout the United States, requiring power plants, refineries, chemical plans, fossil fuel and industrial gas suppliers, and carbon dioxide injection sites to report greenhouse gas emission data on an annual basis. ...read more

One Step Up, Two Steps Back: The Noncompete Ban Tug of War Continues

The courts and commentators have spent much time during the past year opining on a number of federal legislative and regulatory attempts to outlaw noncompete agreements. Most notably, much was made of the Federal Trade Commission’s Noncompete Rule adopted in April 2024. After much ersatz erudition including 26,000 public comments, that Rule was derailed one year ago this month when a federal court in Texas issued a nationwide injunction setting aside the FTC’s Noncompete Rule. The Ryan ruling is on appeal but with the new administration, and a new composition of the FTC, the FTC is rethinking what to do with the Noncompete Rule, recently asking the appellate court in Ryan for several 60-day stays of the appeal while it considers what to do. ...read more

Amid Record-Breaking Rate Increases, Are Midsize Firms Leaving Money on the Table?

In a recent LAW.COM article on billing rate trends, Archer Environmental Practice Chair Marc Rollo was among the attorneys interviewed about the growing divide between Big Law and midsize firms. The article examined whether midsize firms are missing opportunities by holding back on rate increases while larger firms continue to push double-digit growth. ...read more

Three Distinguished Legacies Continue

After decades of distinguished service on the bench, the Honorable Marie Lihotz (Ret.), the Honorable Raymond Batten (Ret.), and the Honorable Lee Solomon (Ret.) have brought their judicial insight, leadership, and commitment to fairness to Archer & Greiner’s Alternative Dispute Resolution (ADR) Group. Each offers a unique perspective shaped by years of experience in New Jersey’s court system, and SJ Magazine recently spoke to each of them regarding their careers and Archer’s ADR Group. ...read more

U.S. Supreme Court to Clarify Sovereign Immunity Across State Lines

In its upcoming term, the U.S. Supreme Court is set to address whether a state agency like New Jersey Transit can be sued in another state’s court for injuries that occurred outside its home state. The case arises from two separate lawsuits: one filed in Pennsylvania and another in New York, both involving accidents involving New Jersey Transit buses. While New York’s high court allowed the lawsuit to proceed, Pennsylvania’s court held that sovereign immunity barred such claims. ...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

Melissa Osorio Dibble Reappointed to ABA Leadership Roles

Archer partner Melissa Osorio Dibble was recently reappointed as a member of the Leadership and Mentoring Committee and Co-Chair of the Professional Responsibility Committee of the American Bar Association Section of Real Property, Trust and Estate Law for the 2025-2026 bar year. A long-term active member of the Section, she has also served as Co-Chair of the Ethics and Malpractice Committee and Co-Chair of the Probate & Fiduciary Litigation Committee in the Litigation, Ethics and Malpractice Group. ...read more

Marie E. Lihotz, P.J.A.D. (Ret.) Receives Richard K. Jeydel Award

On September 11, the Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution honored Archer attorney Marie E. Lihotz, P.J.A.D. (Ret.) with the Richard K. Jeydel Award, which recognizes civility, professionalism, ethics, and excellence in ADR. The award was presented during the Inn’s September meeting at The Olde Mill Inn in Basking Ridge. ...read more

Steven Mignogna is Lead Author on Estate and Trust Litigation Treatise

Archer partner Steven K. Mignogna has led a team of Archer attorneys and contributing editors from other firms in publishing Estate and Trust Litigation, the fully updated fourth edition of the authoritative text on New Jersey probate litigation. Published by the New Jersey Institute for Continuing Legal Education (NJICLE), the treatise has long been a trusted resource for Surrogates, Probate Judges and attorneys across the state and region. ...read more

Ethics and Accounting Actions

Partner Andrew Cevasco will be presenting the session “Ethics and Accounting Actions” at the Bergen County Bar Association program, Mastering Elder Law: Advanced Strategies for the Modern Practitioner. Practitioners of elder law can learn the latest tips and tricks from industry experts. The full dynamic event combines elder law lectures with an interactive mock trial. ...read more

Labor and Employment in New Jersey and Italy

Peter Frattarelli, partner and chair of Archer’s Labor and Employment Group, will moderate “Labor and Employment in New Jersey and Italy” at the NJSBA 2025 Mid-Year Meeting. The panel will feature attorneys from both regions discussing similarities and differences in labor and employment law, alongside judges, scholars, and thought leaders offering insight into the latest developments in the law with an Italian twist.    ...read more

Pennsylvania Tax Credits: Using the EITC and OSTC Programs to Help Students Thrive

Partner Kayci Petenko will be presenting the program “Pennsylvania Tax Credits: Using the EITC and OSTC Programs to Help Students Thrive.” Learn the key aspects of the Educational Improvement Tax Credit (EITC) and Opportunity Scholarship Tax Credit (OSTC) programs that provide tax credits for Pennsylvania taxpayers who redirect their state tax liability to support tuition assistance. Attorneys, tax accountants or any individuals interested are encouraged to attend and discover how the programs work, eligibility requirements, key deadlines and more. ...read more