Business & Commercial Law
New Jersey Law Blog
More Retail Chapter 11 Filings – Thomasville & Chevys Stakeholders File for Bankruptcy; Mattress Firm Appears to be Next
Posted in Business & Commercial Law
Within the last week, two (2) retailers filed for Chapter 11 bankruptcy protection, Heritage Home Group LLC and Real Mex Restaurants. Heritage originally emerged after a 2013 bankruptcy of the Thomasville, Broyhill, and Lane furniture brands, and Rex Mex operates Chevys Fresh Mex, El Torito, and other full-service restaurant brands…. Continue reading
Trademark Registration of Colors—Only Once in a Blue Moon
Posted in Business & Commercial Law
The average consumer has probably heard of terms like “trademark” and “copyright” before, but what falls under trademark? Do colors or color schemes fall under the category of a trademark? The answer may surprise you. Trademarks and service marks are “any word, name, symbol, or device, or of any combination… Continue reading
Right of Sub-Contractor to Sue Upper Tier Contractor
Posted in Business & Commercial Law
In this blog we will explore the basic concept as to when a lower tier contractor can sue an upper tier contractor. The generally well accepted principal of law is that a contractor can only sue a party with whom it has a direct contractual relationship. In other words, unless… Continue reading
Errors Made in Filing Residential Construction Liens
Posted in Business & Commercial Law
Although some contractors may be unaware, the process for filing a residential construction lien is markedly different than the process to file a construction lien with regard to a commercial property. As to a commercial property, the requirements are relatively simple. First, there must be a written contract to provide… Continue reading
Frozen Songwriters Removed from Copyright Infringement Lawsuit
Posted in Business & Commercial Law
A federal court in California agreed to remove the two songwriters of the Disney animated film Frozen from a copyright infringement lawsuit, for now. The lawsuit claims that the hit song “Let It Go” was copied from a Chilean song called “Volar,” and that the two songs are so strikingly… Continue reading
Supreme Court Rules That Internet Retailers Can Be Required to Collect Sales Taxes in States Where They Have No Physical Presence
Posted in Business & Commercial Law
Yesterday, the United States Supreme Court issued its opinion in South Dakota v. Wayfair, Inc., ruling that states can require retailers to collect sales taxes on their online transactions regardless of whether the retailer has a physical presence in that state. The Court’s ruling overturns decades-old precedent that has allowed… Continue reading
Scope of Permissible Backcharges on a Construction Contract
Posted in Business & Commercial Law
In this blog we will explore the scope of permissible back charges that an upper tier contractor can levy against a lower tier contractor pursuant to a subcontract. The basic tenement of contract law is that the non-breaching party is entitled to be put into the position as if the… Continue reading
Appellate Division Affirms Stalking with iPad in Restraining Order
Posted in Business & Commercial Law
The Appellate Division of the New Jersey Superior Court has affirmed a Domestic Violence Restraining Order which had been levied against a husband in the midst of a divorce. The decision, captioned, E.D.B. v. D.S. for privacy reasons, came about when the wife discovered the husband had placed an iPad… Continue reading
NFL’s Anti-Kneeling Policy Does Not Violate Players’ Constitutional or Employment Rights
Posted in Business & Commercial Law
Last week, the NFL sought to end the political controversy surrounding some players kneeling during the national anthem by enacting a policy fining teams if players kneeled during the Star-Spangled Banner. Under the new policy, players could stay in the locker room while the national anthem of the United States… Continue reading
Beneficiaries Under A Payment Bond
Posted in Business & Commercial Law
When a project involves the construction of public works, or other improvements to a municipal, county, or a state property, a payment bond is typically posted by the general contractor for the project. This is required as lien claims are typically disallowed whenever project involves a state, county or a… Continue reading
