2053 Woodbridge Avenue - Edison, NJ 08817

Monday, July 02, 2007

NJ Laws Newsletter E185 April 19, 2005

In this issue:

1. Non-compete Covenants in employee agreements- Professionals- Don't Let Your Employees steal your Clients
2. DWI is not "aggravated felony" for deportation.
3. Failure of private prosecutor to submit Storm certification requires dismissal
4. New articles to website njlaws.com:
-Estate Planning Ideas for Single, unmarried parents
-Larceny, Theft and Stealing
5. New photos:
-Mercer Presiding Judge F. Kevin McGrory
-Kenneth Vercammen awarded 3rd degree Black Belt in Tae Kwon Do
by Grand Master Y. B. Choi.
- Assemblyman Joseph Cryan was the speaker at the Seminar "Restricted Drivers License Bill
-The New Alcotest 7110 Alcohol Breath Testing Machine seminar
6. Upcoming Professional events:
-May 2- Bizmania- NJ Convention Center, Edison [Raritan Center] 2pm-6pm
-May 4, 2005 NUTS & BOLTS OF ELDER LAW Clarion Edison


1. Non-compete Covenants in employee agreements- Professionals- Don't Let Your Employees steal your Clients
Most businesses spend thousands of dollars developing client lists, training staff and promoting and advertising their businesses. After investing substantial time and money in good will, an owner needs to protect the business from employees attempting to leave and take away accounts.
Without a non-compete clause and a restrictive covenant, an employee can open up a competing business on the same street! An employer does not want to pay an employee to build relationships and develop a business, only for that employee to leave, take the fruits of the employer's investment, and compete directly against the employer.
Restrictive covenants are very useful for businesses to prevent an employee from taking your clients and your business.
Recently, the NJ Supreme Court ruled a non-compete covenant as enforceable and not against public policy. In Maw v. Advanced Clinical Communications, Inc (ACCI) 179 N.J. 439, 846 A.2d 1222. (2004).
More information at our new article: http://www.njlaws.com/non-compete_covenants_in_employee_agreements.htm
2. DWI is not "aggravated felony" for deportation. Leocal v. Ashcroft 125 S. Ct. , 160 L. Ed 2d 271 543 US ___ (2004).
State DUI offenses that either have no means rea component or require only a showing of negligence in the operation of a vehicle are not crimes of violence under 18 U.S.C. § 16 such as would create "aggravated felony" removal grounds under the Immigration and Nationality Act. Source: 178 N.J.L.J 718

3. Failure of private prosecutor to submit Storm certification requires dismissal. State v. Valentine 373 NJ Super. ___ (App. Div. 2005).
Defendant sought reversal of his conviction of simple assault because the private attorney who prosecuted the case in municipal court failed to file a certification, required by R. 7:8-7(b), that would address the concerns expressed in State v. Storm, 141 N.J. 245 (1995), thus precluding the municipal judge from determining whether there was "good cause" for the private prosecution. The court rejected the state's argument that defendant's failure to show he was prejudiced may excuse this structural defect in the municipal proceedings, and reversed.
New articles to website njlaws.com:
4. Estate Planning Ideas for Single, unmarried parents

-Larceny, Theft and Stealing
Larceny is the word used to describe stealing in many states. In New Jersey, the statutes uses the word "theft", rather than larceny. New Jersey does not use the word larceny.
More details at http://www.njlaws.com/larceny_theft_and_stealing.htm

Property Damage in Car Accident Collisions

5. New photos:
-Mercer Presiding Judge F. Kevin McGrory received the Outstanding Service Award from the New Jersey State Bar Association Municipal Court Practice Section. Judge McGrory has returned to serve as the Trenton Municipal Court Judge.

-Kenneth Vercammen awarded 3rd degree Black Belt in Tae Kwon Do
by Grand Master Y. B. Choi.

- Assemblyman Joseph Cryan was the speaker at the Seminar "Restricted Drivers License Bill". http://www.njlaws.com/assemblyman_cryan.htm

-The New Alcotest 7110 Alcohol Breath Testing Machine seminar
MARCH 29, 2005 Speakers: RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991) PETER H. LEDERMAN, ESQ., Co-Counsel, State v. Foley Dennis Auciello, Past President, Middlesex County Bar Association Moderator: Kenneth Vercammen, Esq., Chair, MCBA Municipal Court Practice Committee

The seminar focused on the following: How the Alcotest 7110 Evidential Breath Test Machine Works Issues Raised in State v. Foley Strategies for Litigating Breath Test Cases in Middlesex County

6. Upcoming Professional events:

May 2- Bizmania- NJ Convention Center, Edison [Raritan Center] 2pm-6pm for free tickets, call Ken Vercammen, Esq.

Wednesday, May 4, 2005 - 5:00 PM to 9:00 PM
Clarion Hotel, Edison
Law Offices of Kathleen Browning Sheridan (Ship Bottom)
Tuition includes dinner and seminar materials.

A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how the New Uniform Probate Code impacts the cases in your office. Register today!
• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; conflicts
of interest; ethics; who is the client?; sample forms
• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Basic Tax Considerations Jointly-held property; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
• Estate Administration Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
• Fair Hearing
• Long Term Care Insurance/Asset Protection
Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care
• Guardianship
…and more
Presented in cooperation with the Elder Law Section
Wed., May 4, 2005
5:00 PM to 9:00 PM
Clarion Hotel, Edison

Call New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732) 214-8500 for fee schedule. Registration is between $105-139
For more information about ICLE SEASON TICKETS click here.

Can't Attend?
Audio Cassette Tapes/Materials Item No. CP57805
CD/Materials Item No. CDP57805

• PA CLE: 3.0 substantive and 0.5 ethics credits pending ($16 fee – separate check payable to ICLE must be submitted at the end of the program)
• NY CLE (Transitional): 4.0 professional practice and 0.5 ethics credits
• CPE: 4 credits

Middlesex County Bar Association-
Wednesday, May 25, 2005
Drumthwacket (New Jersey Governor’s Residence)
354 Stockton Street (Route 206), Princeton
Incoming Officers - Stephen E. Klausner, John S. Sawicki, Lynn F. Miller,
Mary P. Nelson, Edward J. Rebenack and Thomas J. Denitzio, Jr.
Incoming Trustees - Renee Anthony, Craig Aronow, Tara Auciello,
Ida Cambria, Ellen Schwartz and Kenneth Vercammen
Lifetime Achievement Award — Warren W. Wilentz, Esq.
• • • • • • • • • • •
2005 Lawyer-of-the-Year Award — Manny Gerstein, Esq.
2005 Martin S. Goldin Family Law Award — Cheryl M. Spilka, Esq.

Event Schedule
6:00 pm: Cocktail Hour w/Passed Hors d’oeuvres (Seared Coho Salmon, Oven-Baked Goat Cheese,
Bayou Crab Cakes, Asparagus & Fire Roasted Red Pepper in Puff Pastry, Sliced Filet Mignon, Sliced Corned Beef and
Petite Frenched Lamb Chops.)
7:00 pm: Food Stations (Ocean Station-Colossal Gulf Shrimp Martini, Cajun Seared Ahi Tuna Loin and Sushi -
Dragon Rolls, Salmon Rolls, Eel & Avocado Rolls, Shrimp & Avocado Rolls, etc.; Land Station-Carved Tenderloin of Beef w/spinach & roasted
garlic and rosemary mushroom new potatoes; The Other Station-Forest Mushroom Raviolini w/roasted shallots, pear & gorgonzola salad and dry
roasted spring vegetables.)
8:00 pm: Awards Presentation and Installation of 2005-06 Officers & Trustees
8:30 pm: Dessert (Chocolate Fountain w/Strawberries, Pineapple, Melon, Pretzel Rods, Marshmallows, Graham Crackers, Rice Crispy Treats
& Nutter Butters for dipping into the smooth flowing streams of chocolate; and Coffee and Tea.)
9:00 pm: Coffee & Cookies “To Go” (Coffee, tea and cookies - chocolate chip, oatmeal raisin and peanut
butter - for exiting guests.)
Open Bar All Evening • Jazz Band w/Warren Vaché • Photography by Igal
Docents will be available to provide tours of the historic mansion’s public areas
Cost: $70 for Members (those with paid up 2005-06 membership dues) & $100 for all others
Advance Registration Required! Make checks payable to "MCBA" and mail registration form to: Middlesex County Bar Association; 87 Bayard
Street, New Brunswick, NJ 08901. Deadline for advance reservations – Monday, May 23rd, 12:00 noon. Cancellations must be made by 4:30
p.m. on the day before the meeting to receive a refund.
Deadline for Ad Journal April 25. For information call the Bar Office at (732) 828-3433.

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE. The building is suitable for two to three tenants.

We will have available approximately 700 square feet of office space for $1,200.00 per month [Approximately $10 per square foot]. The rooms are located on the 1st floor of the building and can be used for common recreation.

Owner of building is local attorney, Kenneth Vercammen who handles in Personal Injury, Elder Law, Criminal Law.

The following is included with rental:
General Liability Insurance
Bathroom Supplies
Landscaping / Snow Removal
Cleaning of Common Area
Nearby Parking

Location is on high traffic street near Route 1 and Raritan Center.

Provides a great opportunity for referrals to Financial Planners, Accountants, Insurance Agents, and other Business Professionals.

If You Are Hurt On The Job, We Can Help

On the job injuries are common. If you have an injury or illness due to your job, you may be entitled to receive money under workers' compensation laws.

If you are hurt on the job or suffer a job-related illness, call us to find out about obtaining workers' compensation benefits. They can be vital in providing for your medical care and the care of you and your family while you are not working. Call promptly so you do not risk losing benefits because you waited too long.
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
"Celebrating 20 years of providing excellent service to clients 1985-2005"
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2005. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.