News & Insights

Coldcard Security Flaw Raises Risks for Certain Bitcoin Wallets

A recently disclosed security flaw affecting certain Coldcard hardware wallets has been linked to a series of suspected Bitcoin thefts reportedly totaling tens of millions of dollars. Although the scope of the incident remains under investigation, Coinkite—the manufacturer of Coldcard wallets—has recommended that many users migrate affected wallets to newly generated recovery phrases. ...read more

No Notice, No Duty: The Third Circuit Clarifies When Employers Must Accommodate a Disability

“The disability-discrimination and medical-leave laws are shields against discrimination, not get-out-of-discipline-free cards.” That is how the Third Circuit opened its recent decision in Hileman v. West Penn Allegheny Health System, Inc. (3d Cir. July 20, 2026), affirming dismissal of an employee’s case against her former employer. The point drives the ruling: before an employer must accommodate an employee, the employee generally must disclose the disability and clearly ask for help. An employee who stays silent until they are facing discipline cannot recast that discipline as discrimination. This decision is a useful roadmap for employers as to when the duty to accommodate a disability is triggered. ...read more

Reminder: Significant Changes to New Jersey’s Family Leave Act Take Effect on July 17, 2026

All New Jersey employees face a significant change to employee rights under the New Jersey Family Leave Act (“NJFLA”), beginning on Friday, July 17, 2026. Although much of the fanfare of these changes is related to the process of applying this to more small businesses, other changes involving which employees are eligible for NJFLA leave will affect all employers. These changes – which are not merely rules or regulations but an amendment to the law itself – take effect on July 17th, and businesses should be prepared to feel the impact immediately. ...read more

Using AI Tools Without Jeopardizing Confidentiality or Privilege

Generative artificial intelligence tools have moved from novelty to ubiquity over the last year. Employees across all industries and departments are routinely feeding company and customer information into AI chatbots, AI “assistants,” and other AI tools to increase productivity. Much of this adoption is happening informally, without legal or IT sign-off, and often without anyone considering what happens to the data once it is typed into a prompt window. ...read more

CMS Moratorium: Home Health Agencies and Hospices

Hospices and Home Health Agencies: Now may not be the time to restructure.  In May 2026, CMS implemented a temporary nationwide enrollment moratorium on Home Health Agencies (HHAs) and Hospices.  The term of this initial moratorium will expire on November 12, 2026, but CMS left open the possibility of extending it for additional successive 6-month increments.  ...read more

New Jersey Adopts Revised Worker Classification Regulations Effective October 1, 2026

On May 5, 2026, the New Jersey Department of Labor and Workforce Development (“NJDOL”) adopted revised regulations interpreting the state’s “ABC Test” for determining whether workers are employees or independent contractors. The regulations will take effect on October 1, 2026. ...read more

New Jersey Appellate Court Provides Guidance for Establishing Independent Contractor Relationship

In a legal landscape where it seems almost impossible to properly classify and compensate a worker as an independent contractor, the New Jersey Appellate Division recently provided guidance for employers attempting to avoid employee misclassification. On March 26, 2026, the court in Sanger v. Next Level Business Services, Inc. affirmed the dismissal of a worker’s New Jersey Law Against Discrimination (NJLAD) claims, ruling that she was an independent contractor and therefore not protected by the statute. ...read more

New Jersey Supreme Court Issues Major Decision Expanding Employer Liability in Unpaid Wage Claims, Emphasizing Importance of Strict Recordkeeping

The New Jersey Supreme Court issued a major decision on March 19, 2026, which impacts any employer defending against unpaid wage and overtime claims. In a ruling that underscores the critical importance of employer recordkeeping, the Court in Lopez v. Marmic LLC, 2026 WL 771528 (N.J. Mar. 19, 2026), set a rigorous standard that makes it significantly more difficult for businesses to defeat employee wage claims when accurate time records are missing. Instead of requiring employees to prove their claim for unpaid wages, the Court found it sufficient for an employee to approximate their claim with a “rebuttable presumption” that the employee’s claim for unpaid hours are accurate. ...read more

Understanding the New Federal Tax Credit for K-12 Scholarship Donations

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (P.L. 119-21), which created a new permanent federal income tax credit under IRC § 25F for individual donors who make cash contributions to qualifying Scholarship Granting Organizations (“SGOs”) supporting K-12 students. The credit takes effect January 1, 2027, so for organizations in the education and scholarship space, there is much to do between now and then. ...read more

SEC Grants Conditional Relief for Foreign Private Issuers on Section 16(a) Insider Reporting

On March 5, 2026, the U.S. Securities and Exchange Commission (SEC) issued conditional relief  (Release No. 34-104931) from the insider reporting requirements of Section 16(a) of the Securities Exchange Act of 1934 (the Exchange Act). This exemption applies to directors and officers of certain foreign private issuers (FPIs). ...read more

Supreme Court Invalidates Tariffs; Importers May Be Entitled to File for Refunds

On February 20, 2026, the United States Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. The Court’s decision invalidates several executive orders imposing tariffs under IEEPA and creates a potential opportunity for importers to seek refunds for tariffs previously paid under those orders. ...read more

FinCEN’s New Residential Real Estate Reporting Rule

The U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) has published a new Residential Real Estate Reporting Rule (“Rule”), which will take effect nationwide on March 1, 2026.  ...read more

New Exclusions Under New Jersey Gross Income Tax Act and Major Enhancements to QSBS Exclusion Under OBBBA—Key Opportunities for Tax Planning

For dispositions of Qualified Small Business Stock (QSBS) on or after January 1, 2026, New Jersey now follows Section 1202 of the Internal Revenue Code (Section 1202), allowing New Jersey taxpayers to exclude gains from the sale of QSBS from New Jersey gross income. ...read more

Governor Sherrill’s Executive Orders on Energy Affordability and Initiatives

On January 20, 2026, New Jersey Governor Sherrill issued several executive orders, two of which focus on energy affordability and energy initiatives. These two orders will have a significant impact on the state’s energy industry. ...read more

Delaware Supreme Court Affirms Lower Court Ruling Denying Commercial Property Owners’ Split Tax Rate Challenge

Late last year, the Delaware Supreme Court affirmed the Delaware Court of Chancery’s ruling in Newark Property Association et. al. v. State of Delaware et. al, 2025 WL 3041907 (Del. Ch. Oct. 30, 2025), where the Chancery Court rejected commercial taxpayers’ challenges to House Bill 242 (“HB 242”). HB 242, which passed following a special session of the state General Assembly in August, allowed school boards to reset their tax rates for the 2025-2026 fiscal year to permit commercial and residential taxpayers to be taxed at different tax rates. ...read more

Division of Local Government Services Issues Local Finance Notice 2026-01: “Changes to Legal Notice Publication Requirements”

On June 30, 2025, Governor Murphy signed into law L.2025 c.72 (the “Law”), which updated legal notice publication requirements for local government units and boards of education (each a “Public Entity”) throughout the State of New Jersey.  In sum, the Law permits legal news publication in certain online formats after March 1, 2026.  Prior to March 1, 2026, any newspaper authorized to be utilized by a Public Entity pursuant to the Open Public Meetings Act, L.1975, c.231 (N.J.S.A. 10:4-8) is deemed eligible for legal publication regardless of whether the paper has an electronic publication option.  On and after March 1, 2026, Public Entities will be required by law to have created a direct hyperlink for current legal notices and conspicuously place such link on the homepage of its official website, which is to be available to the public free of charge.  The website will need to incorporate the “conspicuously placed” link into a mobile friendly format, also free of charge. Additionally, as of March 1, 2026, Public Entities are to create an internet archive for public notices to be maintained thereafter, and said archive must be published on the Public Entity’s website no later than July 1, 2026.  All archived legal notices must be maintained in the Public Entity’s internet archive for at least one year after having been transferred from its current legal notices webpage.  Both current and archived legal notices should be accessible either as a linked pdf or a full notice directly embedded in the webpage. ...read more

NY Department of State Publishes Forms for NY LLC Transparency Act

As a follow-up to our recent client advisory on the New York LLC Transparency Act (the “NYLTA”), which became effective on January 1, 2026, the New York Department of State has published its form of Initial Beneficial Ownership Disclosure. Also, it has published a list of exemptions from disclosure and a form of Initial Attestation of Exemption. Finally, it has published filing instructions, Frequently Asked Questions, and a form of governmental agency Request to Access Beneficial Owner Information. ...read more

Could New Jersey be the Next State to Join the Noncompete Ban Wagon?

A bill proposing to render employment noncompete agreements (NCA) unenforceable has been introduced in every New Jersey legislative session since 2022 (See “Déjà Vu All Over Again”), and each time it has failed to advance before the end of the term. That history makes recent developments surrounding NJ Assembly Bill A5708 noteworthy, as eyes have once again turned to whether New Jersey could become the next state to join the noncompete “ban wagon.” ...read more

The NY LLC Transparency Act Applies Only to Foreign LLCs

The New York LLC Transparency Act (the “NYLTA”) is scheduled to take effect on January 1, 2026. It is modeled after the federal Corporate Transparency Act (the “CTA”) and in many ways resembles the CTA. For example, the NYLTA refers to the definitions of “beneficial owner,” “applicant,” “reporting company” and “exempt company” under the CTA and adopts the same 23 exemptions from reporting under the CTA. Please review our client advisory for a summary of the NYLTA. In March 2025, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued its interim final rules for the CTA, which had the effect of limiting the filing of beneficial ownership information (“BOI”) reports to foreign (meaning, non-U.S.) companies registered to do business in the U.S. Please review our client advisory for a summary of the current state of the CTA. In response, New York lawmakers passed Senate Bill S8432, which would have amended the NYLTA to require NY LLCs and out-of-state LLCs authorized to do business in New York to file beneficial owner disclosure (“BOD”) statements with the New York Department of State (the “Department”). However, on December 19, 2025, New York Governor Kathy Hochul vetoed Senate Bill 8432. As a result of the veto, only foreign (meaning, non-U.S.) LLCs authorized to do business in New York are required to file BOD statements (or attestations of exemption). New York LLCs and out-of-state LLCs authorized to do business in New York will not be required to file. This is in line with FinCEN’s interim final rule limiting BOI reports to non-U.S. companies.Non-U.S. LLCs authorized to do business in New York on or after January 1, 2026 are required to file BOD statements within 30 days of receipt of such authorization. Foreign LLCs already authorized to do business in New York prior to January 1, 2026 must file BOD statements by January 1, 2027. On November 3, 2025, the Department issued a memo noting that the NYLTA is currently limited to non-U.S. LLCs. The memo also stated that BOD statements would be filed electronically and that forms, instructions and FAQs would be forthcoming. The Department has established a website for Beneficial Owner Disclosure, which states that the form of BOD statements will be available on January 1, 2026. We will report on further developments as they occur. If you have any questions, please contact Gianfranco Pietrafesa at gpietrafesa@archerlaw.com or 201-498-8559, or any member of Archer's Corporate Group. DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought. ...read more

IRS Grants Penalty Relief for 2025 for New Tip and Overtime Reporting Rules

The Internal Revenue Service (the “IRS”) has issued Notice 2025-62 (the “Notice”), providing penalty relief for tax year 2025 in connection with the implementation of the new information reporting requirements related to the deductions for qualified tips and qualified overtime compensation that were added to the Internal Revenue Code (the “Code”) by Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (the “OBBBA”). Specifically, the Notice provides relief from the penalty under Section 6721 for failure to file correct information returns and the penalty under Section 6722 for failure of employers and other payers to furnish correct payee statements separately reporting cash tips, qualified overtime compensation, or the occupation of the person who received the tip, as required under the OBBBA. This temporary penalty relief applies because the IRS will not issue new forms for 2025 and recognizes that many employers may lack systems or data to meet these new reporting requirements. ...read more