Business & Commercial Law
New Jersey Law Blog
California to Conduct Written Electronic Examination of State-Registered Investment Advisers
Posted in Business & Commercial Law
In April 2018, California’s Department of Business Oversight (“DBO”) announced that, beginning in October, it will begin conducting an online questionnaire-based examination of certain investment advisers registered with the DBO. This digital examination will be in addition to the DBO’s onsite examination program. The DBO recently sent registered investment advisers… Continue reading
House Lawmakers Unveil New Joint Employer Bill
Posted in Business & Commercial Law
The U.S. House of Representatives lawmakers announced last week that they have prepared a bill that would establish that a business simply licensing a trademark, such as in the case of a license from a franchisor to a franchisee, would not create a so-called “joint employer” relationship. Joint employment is… Continue reading
Government Owned Trademarks: Give me Liberty or Give Me …a License?
Posted in Business & Commercial Law
In recent years, various government branches and departments across the country who are responsible for policing the government’s own trademarks have been sending cease-and-desist letters and filing suit against local businesses that are using trademarks likely to either cause confusion as to the government’s sponsorship of or affiliation with the… Continue reading
Pumpkin Spice Latte’s and Time to Think About Holiday Parenting Time
Posted in Business & Commercial Law
It’s hard to believe that summer is over and I’m already following behind school buses on my way to work. Believe it or not, while fall has barely started, and it’s still almost 80 degrees outside, winter and the holidays are just around the corner. If you don’t believe me,… Continue reading
Sears May Be Preparing to File for Bankruptcy This Week
Posted in Business & Commercial Law
Multiple new sources are reporting that the long anticipated bankruptcy filing for Sears Holding may happen this week. A $134 million dollar debt payment due this coming Monday may force the company into bankruptcy. On Tuesday Sears announced that The CEO of Drivetrain, an advisory firm for distressed companies had… Continue reading
Special Ruling Aimed at Restricting NJ Craft Breweries Indefinitely Suspended
Posted in Business & Commercial Law
On September 24, 2018, a special ruling issued by New Jersey Division of Alcohol Beverage Control (ABC) limited the type of activities that New Jersey craft breweries were allowed to conduct. Only a week later, the ruling has been indefinitely suspended due to public outcry. The ruling affected the 88… Continue reading
Equal Pay for Equal Work – New Jersey’s New Equal Pay Act
Posted in Business & Commercial Law
Without doubt, the clear public policy of the State of New Jersey is – and always has been – to eradicate invidious discrimination from the workplace, and a central purpose of the New Jersey Law Against Discrimination (“NJLAD”), N.J.S.A. 10:5-12, is the prohibition of discrimination in all aspects of the… Continue reading
Mattress Firm Preparing to File for Chapter 11 Bankruptcy This Week
Posted in Business & Commercial Law
Reuters reports that Houston-based Mattress Firm, Inc. the largest U.S. mattress retailer with 3,000 stores is preparing to file for Chapter 11 bankruptcy protection by the end of this week. Additionally, Reuters cites that its South African parent company, Steinhoff International Holdings NV, is encountering debt challenges, as well. It… Continue reading
Matal and Brunetti: When Derogatory isn’t Derogatory
Posted in Business & Commercial Law
In 2017, two registration prohibiting provisions of the Trademark Act of 1946 (“The Lanham Act”) were found unconstitutional under the First Amendment. These decisions raise important considerations for persons and companies whose trademarks may have been previously denied registration on such grounds or those considering registration of plausibly disparaging or… Continue reading
Franchisors Face Class Action Lawsuits & Government Enforcement over “No-Poach” Agreements
Posted in Business & Commercial Law
Eight national restaurant chains have agreed to drop provisions in their franchise agreements that prohibit franchisees from hiring fellow franchisees’ employees. The removal of the “no-poach” hiring stipulation will be effective at all of their locations nationwide. This move comes at the heels of announcements from Attorneys General from 10… Continue reading