Cary Kvitka

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Joint Announcement On April 10, 2013, the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission jointly adopted and announced new identity regulations, which are being imposed pursuant to their respective authority under Dodd-Frank Act and the Fair Credit Reporting Act (“FCRA”).  In this context, a “Red Flag” is a “pattern, practice, or specific activity that indicates the possible existence of identity theft.” [1] Who is Affected? Generally speaking, the SEC’s updated regulations (“Regulation…
  In July 2012 Netflix, Inc. (“Netflix”) Chief Executive Officer, Reed Hastings, posted a seemingly innocuous statement to his personal Facebook page: Congrats to Ted Sarandos, and his amazing content licensing team. Netflix monthly viewing exceeded 1 billion hours for the first time ever in June. When House of Cards and Arrested Development debut, we’ll blow these records away. Keep going, Ted, we need even more!                   …
I can’t help but abuse legalese in my everyday life. Last night was no exception, when I accused my Wife of “spoliating” my good mood by watching “Glee.” Although I may have convinced my Wife to the contrary, the term “spoliation,” has nothing to do with whiny 30 year-old “high school students” incomprehensibly breaking into song. In fact, spoliation occurs when evidence that is pertinent to a lawsuit is destroyed, which interferes with the Court’s…
Protesters and solicitors have been granted wide latitude to gather, speak, and pass out leaflets about non-commercial issues at shopping malls in New Jersey.  As a shopping mall owner or manager, your right to curtail those activities at your shopping malls is far more limited in New Jersey than it would be in practically any other state.   Here is what you can restrict: You may impose restrictions against commercial solicitations, (such as prohibiting outside…
In any complex litigation, there are potentially numerous claims that could be asserted against an even greater number of parties. For example, a Condominium Association could bring a construction defect claim against a developer. The developer, in turn, could have claims against the subcontractors it used, its insurance carrier, its suppliers and its consultants. Those parties could then have their own claims against any number of other parties. If left unchecked, there could be a…
Governor Corzine and the New Jersey Legislature have recently enacted several laws aimed at easing corporate tax burdens.  One of the most widely heralded of such laws extends the net operating loss carryforward (“NOL”).  NOL allows taxpayers to offset the profits that they may earn in future years with the losses that they are likely incurring now.  The new law extends the NOL deduction from its current seven tax periods to twenty tax periods.  Accordingly,…
Before purchasing a business, the proposed buyer of company should request and review extensive documents about the target company’s ownership, function, income, assets, obligations and liabilities.  That process, called “due diligence” affords the buyer the last real chance understand exactly what he or she is buying.  The importance of conducting due diligence in an organized and exhaustive way cannot be overstated.  Failure to do so could lead the buyer to unknowingly purchase a company that…