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EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

On April 19, 2024, the United States Environmental Protection Agency (EPA) announced its new final rule designating two PFAS, also known as “forever chemicals,” perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).[1] This action, which comes on the heels of the EPA’s April …

Discovery in Commercial Litigation

Many people think the trial is the most important part of the commercial litigation process. In actuality, the case will rarely reach the point of a trial. Both parties realize their risk and what they may have to lose, and they would get a settlement before the case goes to a judge or jury. What happens …

Connor E. Phalon, Esq. Named to 2024 New Jersey Super Lawyers Rising Stars List

Herold Law, P.A. is honored to announce that Attorney Connor E. Phalon, Esq. has been selected to the 2024 New Jersey Super Lawyers Rising Stars list for his outstanding professional accomplishments. Connor has amassed extensive experience representing clients in state and federal environmental cases involving Superfund sites and soil, groundwater, and sediment contamination involving legacy …

The Importance of Timely Notification in Insurance Claims

Policyholders often ask what happens if they report a claim late to the insurance company. There are important practical and legal reasons for giving timely notice to the insurance company, and you never want to take a chance by reporting a claim late. The requirements for notice vary based on your policy. An occurrence policy …

What Are the Best Practices for Contract Compliance?

A business can face serious legal consequences if found in breach of contract. They may have to pay various damages, even if they did not intend to breach the contract. Sometimes, contractual lawsuits result from disputes between the two parties. A business needs to monitor its actions to reduce the chances of losing a breach …

What Can Policyholders Do to Minimize the Risk of a Denied Insurance Claim?

Before the insurance company makes a monetary offer, they need to decide that your damages are covered. They may believe your claim is excluded or does not fall within the policy’s coverage. Alternatively, they may have an issue with how you filed the claim. While you can always challenge the insurance company in court, you …

Saving Federal Estate and Gift Taxes Using Arithmetic

Robert S. Schwartz, Esq. We believe our regular readers know a lot about the Federal gift and estate tax system. In general, until January 1, 2026, present law imposes a 40% of asset value tax once property transfers by gift or by the laws of descent and distribution exceed a cumulative $13,610,000 of transferred property …

The Importance of Document Preservation in Commercial Litigation

Commercial litigation is a document-intensive process. The case may turn on evidence in documents that you or the other side hold in your possession. Both sides have a legal obligation to preserve documents in the case. Otherwise, there could be consequences in the litigation. Your documents can contain helpful evidence for your case. They may …

Understanding Breach of Contract Claims in Commercial Litigation

A contract is a legally binding document. In a contract, each party promises to do or not do something. When there is a valid contract, each party has the legal right to enforce it. If they do not believe that the other party is living up to the terms of the agreement, they can file …

Understanding Insurance Policy Basics: Key Terms and Concepts

When you purchase an insurance policy, you expect the insurance company to cover the losses you suffer. In practice, it does not always work that way. You are currently involved in a complex contractual relationship with the insurance company. It helps to be familiar with the essential terms and concepts surrounding insurance so you can …

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