Business & Commercial Law
New Jersey Law Blog
New Jersey Federal Court Shuts Door on Strike 3 Litigation
Posted in Business & Commercial Law
A recent New Jersey federal court decision denying Strike 3 the right to expedited discovery highlights a recent departure from the status quo of allowing Strike 3 to subpoena Internet Service Providers (“ISP”) such as Comcast, Verizon, and Optimum, in order to discover the identity of the individual subscriber of… Continue reading
Employers Navigate New Territory With COVID-19 Risks and Accommodations
Posted in Business & Commercial Law
Companies are finding themselves in an unprecedented situation, needing to make determinations that keep their employees safe while complying with state and federal laws during the current global health challenge. Navigating responsibilities, employee rights, and requirements for compliance require complex calculations for employers with the recent spread of COVID-19 (coronavirus)…. Continue reading
Community Association Meetings During the Coronavirus Pandemic (Or Any Other Time of Crisis)
Posted in Business & Commercial Law
If you watch or read the news lately, the coronavirus seems to be everywhere. And that’s the problem, right? With the uncertainty of what might be coming, community association boards and managers may want to take actions to help protect their residents and limit the spread of this virus. Rethinking… Continue reading
Modell’s Sporting Goods Poised to File for Chapter 11 Bankruptcy
Posted in Business & Commercial Law
Modell’s Sporting Goods, the 130-year old athletic gear company with 140 leases, appears to be readying for Chapter 11 bankruptcy protection. The New York Post reported that the company has ceased both seeking an investor and better terms from its vendors.
The Death in the Details of the Divorce
Posted in Business & Commercial Law
The divorce is almost over. You have finished negotiating alimony. Child-support has just been calculated and you have finally figured out who is going to take Aunt Millie’s China. The end of the stressful negotiations with your almost ex-spouse is almost at near when your attorney turns his or her… Continue reading
Undue Influence as a Challenge to Lifetime Gifts
Posted in Business & Commercial Law
An action setting forth a claim of undue influence is among the most common methods of contesting a will; however, an action for undue influence can also be effective in challenging lifetime gifts. As a general matter, undue influence is defined as mental, moral, or physical exertion which has destroyed… Continue reading
PennEast Pipeline Update: FERC and the U.S. Supreme Court
Posted in Business & Commercial Law
The litigation surrounding the PennEast pipeline continues, with neither side backing down. Although the battle is being fought in multiple courts, two recent orders are worth highlighting. On February 20, 2020, the Federal Energy Regulatory Commission (FERC) granted PennEast Pipeline Company, LLC’s (“PennEast”) request for an extension of time to… Continue reading
Proposed New Jersey Legislation Aimed at Combating Workplace Bias and Sexual Harassment
Posted in Business & Commercial Law
On February 18, 2020, New Jersey Governor Phil Murphy unveiled a sweeping proposal that significantly strengthens the New Jersey Law Against Discrimination. The proposed legislation was the result of a two year study of workplace employment discrimination and sexual harassment conducted by the New Jersey Division on Civil Rights. It… Continue reading
Employers Must Be Extremely Wary of Retaliation Claims
Posted in Business & Commercial Law
Over the past decade, the Equal Employment Opportunity Commission (“EEOC”) has reported that retaliation is the most common issue alleged by federal employees and the most common discrimination finding in federal sector cases. Nearly half of all claims made to the EEOC are retaliation claims. The EEOC found that other… Continue reading
Business Judgement Rule Inapplicable if Director is Engaged in Self-Dealing, Unconscionable, or Fraudulent Activities/Decisions
Posted in Business & Commercial Law
Pursuant to New Jersey corporate law, directors are trustees for the entire body of the owners. Directors owe loyalties to all shareholders. If they disregard the rights of the majority shareholders, minority shareholders, or the corporation itself they could be liable for a breach of fiduciary obligations or duties.
