Business & Commercial Law
New Jersey Law Blog
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.
Growing, Processing, and Handling Hemp Now Legal in New Jersey – Apply Today
Posted in Business & Commercial Law
New Jersey is now among the first three states to have its Hemp Program approved by the United States Department of Agriculture (the “USDA”). The 2018 Farm Bill legalized industrial hemp production nationwide by removing hemp and its derivatives, such as CBD, from the definition of marijuana under the Controlled… Continue reading
Enforceability of Arbitration Clause in Construction Agreement
Posted in Business & Commercial Law
As most contractors are aware, it is common to have an Arbitration Clause within a typical AIA Construction Agreement that requires the parties to the contract to participate in arbitration in lieu of Court proceedings in the event of a dispute.
Hidden Risks and Costs of Naming Minors as Direct Beneficiaries of an IRA or Qualified Retirement Plan
Posted in Business & Commercial Law
A valuable feature of an Individual Retirement Account (IRA) or a Qualified Retirement Plan (401k, 403b, etc.)(QRP) is the ability to invest without incurring contemporaneous taxes on the investments held in the account. This benefit is available to both the original owner of the account and to designated beneficiaries who… Continue reading
Retailers to Watch for a Bankruptcy Filing in 2020
Posted in Business & Commercial Law
Retail and restaurant Chapter 11 bankruptcy filings continued to grab headlines in 2019. According to CNBC, there were 23 retail bankruptcies in 2019, compared with 17 in 2018. Six (6) retailers and one (1) restaurant chain that were on our “Watch List” in 2019 filed for Chapter 11 protection –… Continue reading
