Business & Commercial Law
New Jersey Law Blog
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
Protect and Defend Yourself from Domestic Violence Complaints: They Mean More Than You May Think
Posted in Business & Commercial Law
Domestic violence exists and is real, and unfortunately, is common. This blog is not meant for the traditional domestic violence victim. The rights of true victims are rightly met with protections from the New Jersey Prevention of Domestic Violence Act, which allow for the implementation of a Final Restraining Order… Continue reading
Novartis Hit with $1.5M Whistleblower Suit, Avoids Punitive Damages
Posted in Business & Commercial Law
A New Jersey state jury hit Novartis Pharmaceuticals Corp with nearly $1.5 million in net damages over a former company executive’s claims that she was fired in retaliation for whistleblowing. The jury in turn rejected the pharma company’s stance that the employee had been properly terminated for violating company policies…. Continue reading
Massachusetts Securities Division Changes the Law Applicable to Investment Advisers Overnight
Posted in Business & Commercial Law
On March 20, 2019, the Massachusetts Securities Division, Enforcement Section (the “Division”) filed a complaint against an investment adviser located in Massachusetts. The complaint alleged that the firm’s two owners and financial professionals “gambled away millions of dollars in client assets through high risk bets on the oil and gas… Continue reading
New Law Bans Non-Disclosure of Discrimination, Harassment, and Retaliation Settlements
Posted in Business & Commercial Law
Confidential settlement agreements reached between employers and employees resolving claims of discrimination, retaliation, and harassment may not be so secret anymore. On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which amends the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12 (“NJLAD”), by declaring unlawful… Continue reading
Don’t Gamble with Love, or Confidential Information
Posted in Business & Commercial Law
Despite the fact that family courts are trending towards making divorce filings public records, there are certain documents that should not, and cannot be disclosed. The most important of these are evaluations that are conducted in custody disputes. A California appeals court recently ruled that the Los Angeles attorney representing… Continue reading
Registration Certificate Required for Copyright Infringement Suit
Posted in Business & Commercial Law
On March 4, 2019, the United States Supreme Court resolved a longstanding split among the circuit courts concerning what exactly the copyright registration prerequisite to filing a copyright lawsuit means – whether an application to register is sufficient or an actual issued registration is required. The Supreme Court chose the… Continue reading
Stock Awards in Divorce Revisited
Posted in Business & Commercial Law
To be or not to be vested—that is the question. Well, at least that was the question considered by a New Jersey appeals court in the recent decision of M.G. v. S.G. Otherwise stated, the question concerned whether a stock award which was issued to an employee prior to a divorce… Continue reading