Business & Commercial Law
New Jersey Law Blog
Companion Pets and Divorce
Posted in Business & Commercial Law
The legal wheel is (slowly) turning toward recognition of companion pets as more than mere “property” in divorce proceedings. The traditional view that family pets are no different from tables or chairs is evolving toward acknowledging of their “special subjective value,” most notably in custody cases but also in divorce… Continue reading
ICSC RECon 2019 Wrap-Up
Posted in Business & Commercial Law
ICSC’s RECon 2019 in Las Vegas provided a very good vibe for new deals and excitement not seen since before 2007. Unofficial statistics noted that attendance was up, likely above 37,000 with more than 12,000 exhibitors. Low interest rates, heightened consumer demand and an overall positive national economic outlook provided… Continue reading
A Cautionary Tale: What You Say in a Certification May Not Be in Your Children’s Best Interests, or Yours
Posted in Business & Commercial Law
A short time ago I had a conversation with a lawyer who had been the subject of a custody battle between her parents more than thirty years ago. Later in life, she decided to satisfy her curiosity of what her parents had said to the court, and obtained copies of… Continue reading
Court Declares Right to Obtain Counsel in Domestic Violence Cases
Posted in Business & Commercial Law
On May 9, 2019, the Appellate Division of the Superior Court ruled that defendants in domestic violence cases must be informed of the right to obtain counsel and of the serious consequences that could result from the entry of a Final Restraining Order (FRO).
NJ Continues to Restrict Craft Breweries – Limits on Special Events, Food, & More
Posted in Business & Commercial Law
On May 28, 2019, the Division of Alcoholic Beverage Control (“ABC”) issued a new Special Ruling for New Jersey craft brewery licenses with changes that address concerns raised by the industry. The previous Special Ruling, which was quickly suspended six months ago after strong criticism, is now officially rescinded. The… Continue reading
Mental Illness in Family Law & Divorce
Posted in Business & Commercial Law
According to the National Institute of Mental Health, Approximately 1 in 5 adults in the U.S. (46.6 million) experiences mental illness in a given year. Approximately 1 in 25 adults in the U.S. (11.2 million) experiences a serious mental illness in a given year that substantially interferes with or limits… Continue reading
Spoliation of Evidence in Construction Litigation
Posted in Business & Commercial Law
In the context of construction litigation, it is always important to consider a potential claim for the spoliation of evidence regardless if you are the owner or general contractor seeking to backcharge a lower tier contractor, or the subcontractor against whom a backcharge is being sought.
The Digital Millennium Copyright Act: Scope, Reach, and Safe Harbors
Posted in Business & Commercial Law
With businesses engaging in increasingly more commerce over the internet, it is crucial to understand the consequences of displaying, using, and transferring another entity’s works online. Enter The Digital Millennium Copyright Act (DMCA) of 1998, which was signed into law by President Clinton to keep pace with the new realities… Continue reading
Updates to Public Recreational Bathing Code Subsequent to January 2018 Revisions
Posted in Business & Commercial Law
If your community association has a pool, you are probably well aware of the sweeping changes made to the Public Recreational Bathing Code (Bathing Code) in January 2018. You may not, however, be aware of two updates since those revisions were implemented.
Jackson Hewitt Hit with “No Poaching” Clause Lawsuit
Posted in Business & Commercial Law
The second largest consumer tax preparer in the United States has just been hit with a lawsuit filed by former employees alleging a “no-poach” conspiracy between the company and its franchisees, according to a complaint filed in New Jersey federal court. In the suit, the former Jackson Hewitt employees seek… Continue reading
