Lindabury, McCormick, Estabrook & Cooper, P.C. Archives — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Kerry Cahill, Esq. featured in Plastic Surgery Practice’s Podcast – Setting Up a New Location? Tips for Leasing or Buying

Published on: August 29, 2022 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

As a featured guest on Plastic Surgery Practice’s podcast, Setting Up a New Location? Tips for Leasing or Buying, Kerry Cahill, Esq. discusses her thoughts on the establishment of new sites for healthcare practitioners.

Sellers want to maximize their profit on the sale of the property, and, as a result, the practitioners must make competitive offers. For the practitioners who are receiving financing, the mortgage obligations may commence before the practice is physically up and running. As a result, the practitioners must ensure they have enough capital during the fit out period to cover any mortgage, tax, insurance, utility, and repair obligations.

Listen to the full podcast on Plastic Surgery Practice.

Nicole A. Kobis, Esq. featured in Lawline’s Lawyers Who Lead Podcast

Published on: August 23, 2022 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Be open and listen. The skill of opening the ears, putting down the phone, and actually listening is something that we all can work on…

Nicole A. Kobis, Esq., partner in Lindabury’s Divorce and Family Law Practice Group, discusses her thoughts on how to lead and succeed in today’s constantly evolving world as a featured guest on Lawline’s Lawyers Who Lead Podcast, with host Sigalle Barness.

The Best Lawyers in America® Names Lindabury Attorneys to 2023 Listing

Published on: August 18, 2022 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Lindabury, McCormick, Estabrook & Cooper, P.C. is please to announce that 15 of the firm’s have been selected for inclusion in The Best Lawyers in America 2023.

Steven Backfisch was recognized as Best Lawyer in America for Litigation in Labor & Employment.
John R. Blasi was recognized as Best Lawyer in America for Trust & Estates.

With Sorrow, Lindabury Announces Passing of Former President David R. Pierce

Published on: February 9, 2022 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

It is with profound sadness that the law firm of Lindabury, McCormick, Estabrook & Cooper, P.C., announces its former president, David R. Pierce, passed away on February 3, 2022. Mr. Pierce served as Lindabury’s president from 2017-2021.

Mr. Pierce concentrated his practice on environmental and land use issues and also had notable experience successfully representing clients in shareholder disputes. In addition, he represented clients in general business activities, serving essentially as general counsel for several manufacturing businesses.

“David Pierce truly was an exceptional attorney and visionary leader for our firm,” said Eric B. Levine, president, Lindabury, McCormick, Estabrook & Cooper. “He was a devoted husband and father, an outstanding attorney and an all-around good person. His leadership of Lindabury throughout the COVID-19 pandemic was masterful as he was a constant source of compassion, support and guidance to our attorneys and staff while at the same time, he was able to deftly ensure the financial stability of Lindabury. He will be missed by us all.”

Uses of Disclaimers in Post-Mortem Planning

Published on: September 29, 2020 | by Lauren M. Mulcahy

The idea of giving up an inheritance might sound foolish, but in certain circumstances it can be a beneficial estate planning tool. While we as estate planning attorneys try to prepare for every possible outcome at the time of a death, there is no way to predict the timing of a death, the laws at that time, nor the assets a decedent will actually hold at death. Especially in today’s environment where COVID-19 has shocked our economy, the tax laws could change at any time.

A disclaimer or a renunciation is a refusal to accept an interest in property. No one can be forced to receive a gift or bequest; everyone has the right to either accept or refuse what is given. In certain situations, disclaiming may be more beneficial than actually receiving the gift. If the beneficiary of a decedent’s estate disclaims an asset passing to the beneficiary (the “disclaimant”) as a result of decedent’s death, the asset passes to the next-in-line beneficiary as if the disclaimant had predeceased the decedent.

Under federal law, a “qualified disclaimer” is an irrevocable and unqualified refusal by a person to accept an interest in property so long as the following requirements are met:

Information on Firm Operations

Published on: March 21, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

To our Clients and Friends:

Lindabury, McCormick, Estabrook & Cooper continues to monitor developments of the Coronavirus and updates to public health policies and regulations issued by Governor Murphy. The health and safety of our personnel, clients and the public continues to be our priority.

All Lindabury offices are taking affirmative steps to protect the safety and well-being of our clients, visitors and employees from COVID-19. Accordingly, we require all persons to first stop at the office’s reception area to be checked in.

Immediate Impact of the New Jersey Hemp Farming Act

Published on: August 13, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

With more than 750,000 acres in farmland, hemp has long been viewed as a viable crop for the Garden State as it would allow farmers to diversify their products and earn additional profits.

In the wake of the 2014 Farm Bill, New Jersey passed its Industrial Hemp Pilot Program, whereby certain individuals partnered with educational institutions to cultivate, process, research, test, and market safe and effective industrial hemp. The passage of the 2018 Farm Bill removed hemp from the Controlled Substances Act and it is now regulated as an agricultural commodity by the United States Department of Agriculture (USDOA).

Upon the passage of this bill, lawmakers sought to repeal the New Jersey Industrial Pilot Program and replace it with the New Jersey Hemp Farming Act, which would establish a program for cultivation, processing, transport, and sale of hemp to be administered by the New Jersey Department of Agriculture (NJDOA).

NJ Hemp Farming Act

Published on: August 13, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

A5322, known as the “New Jersey Hemp Farming Act” finally became law on Friday August 9, 2019. The New Jersey Hemp Farming Act (“NJHFA”) establishes a program for the cultivation, handling, processing, transport, and sale of hemp and hemp products in the State in accordance with federal law. The bill also repeals New Jersey’s hemp pilot program, and replaces it with a permanent program, administered by the New Jersey Department of Agriculture that complies with federal law.

Just like the 2018 Farm Bill, NJHFA defines “hemp” the plant Cannabis sativa L., any part of the plant, and all derivatives thereof with a delta-9 tetrahydrocannabinol (“THC”) concentration of not more than 0.3 percent, consistent with federal law. In other words, if the hemp has more than .3 percent THC, it will no longer be legal on a state or federal level.

Because hemp is a viable agricultural crop and the state wants to promote the cultivation and processing of hemp, the New Jersey now allows famers and businesses to cultivate (plant, grow, or harvest), handle (possessing or storing – exclusive of finished hemp products), process (convert hemp into a marketable form) and sell hemp products for commercial purposes. Farmers and businesses looking to cultivate, handle, process and sell hemp products for commercial purposes must submit an application to the New Jersey Department of Agriculture (“NJDOA”). The application must contain GPS coordinates of the hemp farm, written consent from the cultivator allowing law enforcement and other officials to enter the property at will, a criminal background check of the applicant, and a non-refundable application fee. Other information may be required by the NJDOA as they implement this application process.

CBD Use in Consumer Products Under the Farm Bill and NJ Law

Published on: June 19, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Industrial hemp has a long and rich history throughout the world. This is largely because hemp is dynamic and can evolve into products such as clothing, animal feed, building materials, bio plastics, biofuels, paper, fiber and food. Hemp seeds, or grains, are smooth and about one-eighth to one-fourth of an inch long. Hemp seeds can also be used to make a variety of products for industrial and cosmetic use. Of particular interest in New Jersey are the agricultural benefits associated with the hemp plant. Hemp has been known to kill weeds, thereby negating the need for herbicides on crops. Hemp also can absorb metals in the soil thereby acting as a natural filter, mitigating sediment runoff, through which eroded soils carry nutrient pollution into water resources.

Given its multipurpose capabilities, it is no surprise that Congress passed the Agriculture Improvement Act of 2018 (“2018 Farm Bill” or “Farm Bill”). Section 297A of the Farm Bill defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” The Farm Bill effectively decriminalizes hemp by removing it from the Controlled Substances Act. The Farm Bill also expands the commercial cultivation of hemp beyond the limited state-approved pilot programs, legalizes hemp production in US territories and on Indian tribal land and authorizes the coverage of hemp as a commodity under crop insurance.

Because hemp is no longer viewed as a controlled substance, the Drug Enforcement Agency has been removed from oversight and replaced with United States Department of Agriculture (“USDA”). As such, the USDA exercises primary regulatory authority over hemp production. According to the New Jersey Department of Agriculture (“NJDOA”), the USDA intends to issue regulations in the fall of 2019 for states that wish to submit hemp production plans. These regulations will address requirements for testing the THC levels of hemp and address disposal of hemp plants and products produced that contain more than .3% THC.

Flurry of Legislative Developments Impacting New Jersey’s Cannabis Industry

Published on: June 4, 2019 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Spring 2019 has been a busy season for New Jersey’s Cannabis Industry. On May 23, 2019 the New Jersey Assembly approved proposed revisions to the Jake Honig Compassionate Use Medical Marijuana Act that would effectively expand the state’s existing Medicinal Marijuana Program. The following week the Senate passed the bill 33-4.

May 31, 2019 saw the Food and Drug Administration (“FDA”) hold its first public hearing to assess the safety of CBD products. In opening remarks, Acting Commissioner of the FDA, Ned Sharpless, acknowledged that hemp derived CBD in food products is unchartered territory for the Agency. As such, in order to carefully evaluate potential pathways for CBD products, the FDA has formed an internal working group to address concerns such as how much CBD is safe for daily consumption, CBD’s combined effect if used both topically and orally and potential dangers to children should they consume a CBD edible.

On June 3, 2019, the New Jersey Department of Health announced that it is seeking new applicants to operate up to 108 additional Alternative Treatment Centers (“ATC”): Up to 38 in the northern region of the state, up to 38 in the central region, and up to 32 in the southern region. Three types of endorsements will be available for ATCs: cultivation, manufacturing and dispensary. In total, the Department will seek up to 24 cultivation endorsements, up to 30 manufacturing endorsements, and up to 54 dispensary endorsements. Permit application forms for ATCs will be available on July 1. Applications are due August 15.