Business & Commercial Law
New Jersey Law Blog
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 The previous Special Ruling, which was quickly suspended six months ago after strong criticism, is now officially rescinded.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
Breach of Fiduciary Duty Not Dischargeable in Bankruptcy
Posted in Business & Commercial Law
If a party brings an action alleging a breach of fiduciary duty by a person holding a Power of Attorney, or by an Executor of the Estate, this party should be aware that this judgment may have a lasting impact should it be obtained.
What Should I Do First When I Want a Divorce? #AskingforaFriend
Posted in Business & Commercial Law
The “D” word is a scary one. However, when considering the idea of a divorce, whether you are unhappy in your marriage, or your spouse has informed you that he or she is, giving into the urge to hide under the covers is a really, really bad idea. Knowledge is… Continue reading
New Jersey or Pennsylvania Child Support: Which Law Applies?
Posted in Business & Commercial Law
In the recently decided case of Flynn v. Flynn, a New Jersey appeals court was faced with whether to apply New Jersey or Pennsylvania child support law regarding a parent’s obligation to an eighteen-year-old full-time college student. Although Flynn was fact-specific due to the parties’ prior legal entanglements, the decision… Continue reading
