Business & Commercial Law
New Jersey Law Blog
Franchisor Beware: Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge
Posted in Business & Commercial Law
Federal trademark registration is the Holy Grail for companies, especially franchises, looking to expand their footprint and access a national audience. But even though trademark registration confers on owners certain exclusive rights and benefits, such as constructive national notice of use, protects against registration of confusingly similar marks, provides notice… Continue reading
Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right
Posted in Business & Commercial Law
On May 23, 2022, the U.S. Supreme Court, in a unanimous decision, decided Morgan v. Sundance, Inc., No. 21-328, in favor of an employee who sued her employer, a Taco Bell franchisee, for wage theft. The Court concluded that waiving arbitration rights does not require a showing that the party seeking to have… Continue reading
Non-Disparagement Clauses in Employment Contracts Still Valid Under New Jersey Law
Posted in Business & Commercial Law
Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. It was only a matter of time before New Jersey courts began passing judgment on the March 18, 2019 amendment to the New Jersey Law… Continue reading
National Realty Investment Advisors Lands in Bankruptcy
Posted in Business & Commercial Law
National Realty Investment Advisors and numerous affiliates (“NRIA”) filed voluntary petitions for Chapter 11 bankruptcy protection in the District of New Jersey on June 7th (Case No. 22-14539). NRIA is a New Jersey-based real estate developer. According to filings with the Bankruptcy Court, NRIA owns thirty-one (31) completed properties; three… Continue reading
Tangible vs. Intangible Assets in Estate Administration
Posted in Business & Commercial Law
Under a Last Will and Testament, a decedent disposes of both their tangible personal property as well as their intangible personal property. Questions might arise in the context of administering an Estate, however, as to whether an item is classified as tangible personal property or intangible personal property of a… Continue reading
New Jersey Employers Are Now Required to Provide Written Notice Before Using Tracking Devices in Employee-Operated Vehicles
Posted in Business & Commercial Law
Earlier this year, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950, which requires employers in the State to provide written notice to an employee before using a tracking device on a vehicle used by the employee. The new law, which went into effect on April 18,… Continue reading
Red Flags Indicating a Potentially Invalid Will
Posted in Business & Commercial Law, Probate Litigation
When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of this article is to examine potential red flags which could highlight a potential issue… Continue reading
The Internal Revenue Service (IRS) Issues Proposed Minimum Distribution Rules
Posted in Business & Commercial Law
The Internal Revenue Service (IRS) recently issued much anticipated proposed regulations that clarify and revise some of the required minimum distribution (RMD) rules for qualified plans (i.e. 401ks, 403bs, etc.) and individual retirement accounts (IRAs). While the proposed regulations are subject to further action in the late Spring of 2022, they… Continue reading
Eminent Domain Issues Affecting New Jersey Condominiums – Can the Government Really Take Part of Our Common Elements?
Posted in Business & Commercial Law
Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use. When this awesome power is exercised, the government must pay the property owner “just compensation” for the property taken, as required by the Fifth Amendment of the United States… Continue reading
In the Wake of the Surfside Tragedy Fannie Mae and Freddie Mac Issue “Temporary” Requirements for Condominiums and Cooperatives
Posted in Business & Commercial Law
The collapse of the Champlain Towers South in Surfside, Florida, in June 2021, sent shockwaves throughout the United States and was a wake-up call to condominiums to the dangers of aging infrastructures. In light of this tragic event, secondary mortgage market giants, Fannie Mae and Freddie Mac have issued bulletins… Continue reading
