Business & Commercial Law
New Jersey Law Blog
4 Lease Auction Tips for Landlords
Posted in Bankruptcy & Creditor's Rights, Business & Commercial Law, CRE Legal Lens Newsletter, Real Estate
During a retail bankruptcy, commercial landlords often face challenges when their tenants try to maximize the value of the bankrupt estate by holding lease auctions. Despite lease provisions that may restrict or prohibit a lease sale, courts have generally allowed retail debtors to conduct such sales. This is because lease… Continue reading
Adverse Possession: Policing Your Property Boundaries – Owners Beware
Posted in Business & Commercial Law, Business & Corporate, CRE Legal Lens Newsletter, Real Estate, Retail & Industrial Real Estate
Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. The doctrine of adverse possession opens the door for an encroaching neighbor to make a claim of ownership of a neighbor’s property under certain… Continue reading
Big Lots Bankruptcy Update: Pivoting from Reorganization to GOB Liquidation
Posted in Bankruptcy & Creditor's Rights, Business & Commercial Law
On September 9, 2024, Big Lots, Inc. filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court in Delaware. At the time, Big Lots had entered into an asset purchase agreement with an affiliate of Nexus Capital Management LP (“Nexus”), which had agreed to acquire Big Lot’s assets… Continue reading
Social Media’s Legal Dilemma: Curated Harmful Content
Posted in Business & Commercial Law
Walking the Line Between Immunity and Liability: How Social Media Platforms May Be Liable for Harmful Content Specifically Curated for Users As proliferation of harmful content online has increasingly become easier and more accessible through social media, review websites and other online public forums, businesses and politicians have pushed to… Continue reading
FTC Bans Employment Non-Competes Nationwide
Posted in Business & Commercial Law, Business & Corporate, Employment Law, Franchise, Legal Updates
After a year of uncertainty, the FTC has issued a Final Rule banning employment non-competes nationwide. The Commission has determined that non-competes themselves constitute an unfair method of competition in violation of Section 5 of the FTC Act. Citing to wage suppression, stifling innovation, and inhibiting start-up creation as factors,… Continue reading
Commercial Foreclosures in Pennsylvania: How Deal Formation Impacts Litigation
Posted in Business & Commercial Law, Litigation, Pennsylvania Law Monitor
The fact that commercial transactions can very easily become complex is not a novel statement. When financial institutions lend money to commercial entities, the basic documentation required to evidence the loan, promise to repay, and perfect security interests in any collateral is a measurable amount of paperwork. When the specifics… Continue reading
Don’t Let Your LLC Expire: LLC Owners Should Check Formation Documents to Confirm Perpetual Duration
Posted in Business & Commercial Law, Business & Corporate
When the New Jersey Limited Liability Company Act originally went into effect in January 1994, the Internal Revenue Service required that a limited liability company have at least a majority of the characteristics of a partnership in order to be taxed as a partnership rather than a corporation. The IRS… Continue reading
The Corporate Transparency Act and Reporting Requirements
Posted in Business & Commercial Law, Business & Corporate
Current as of 1/2/2024 On January 1, 2024, the Corporate Transparency Act, 33 U.S.C. §5336, (the “CTA”) took effect and strict compliance must be met by all entities and individuals to which it applies. The CTA adds reporting requirements for particular beneficial owners in various entities. The CTA’s primary goal… Continue reading
The Significance of Title Insurance in Real Estate
Posted in Business & Commercial Law, Real Estate
If you have experienced the process of purchasing or selling real estate, it is likely that you have come across the phrase “clear title.” The concept of clear title is two-fold. Clear title deals with the property itself, referring to title that is free from liens, encroachments, or additional issues… Continue reading
Proper Representation is Worth the Dough: Jung v. Fred’s Bagels LLC
Posted in Business & Commercial Law
A recent Appellate Division decision highlights the risks faced by commercial landlords who do not retain proper counsel to protect their interests. In Jung v. Fred’s Bagels LLC, the Appellate Division affirmed the trial court’s dismissal of a landlord’s complaint for possession of leased commercial space. Plaintiff landlord leased space to… Continue reading
