Business & Commercial Law
New Jersey Law Blog
The PennEast Pipeline: What Happens Next?
Posted in Business & Commercial Law
A few weeks ago, the Federal Energy Regulatory Commission (FERC) granted conditional approval of the PennEast Pipeline. FERC is a federal agency which regulates gas pipelines and issued an order to allow PennEast to proceed forward with its project on January 19, 2018. This approval will allow PennEast to file… Continue reading
Opioids, Employees, and Accommodations: an Employer’s Primer on Confronting the Crisis
Posted in Business & Commercial Law
Consider a few scenarios: An employee has been injured on the job and unexpectedly fails a post-accident drug test, testing positive for opioids. What do you do? An employee comes into your office, closes the door, and confides in you that she is battling an addiction to opioids and needs… Continue reading
As Predicted, Bon-Ton Stores file for Chapter 11 Protection? First Large Retail Department Store Bankruptcy of 2018
Posted in Business & Commercial Law
*Updated February 6, 2018* Carson Pirie Scott II, Inc., aka Bon-Ton Stores (“Bon-Ton”), which has dual headquarters in Milwaukee, WI and York, PA, filed on Super Bowl Sunday for Chapter 11 bankruptcy protection in the US Bankruptcy Court, District of Delaware, Docket # 18-10248 (MFW). The regional department store chain… Continue reading
Domestic Violence and Free Speech
Posted in Business & Commercial Law
In the world of domestic violence law, it is virtually axiomatic that “words alone” may be sufficient for a Court to conclude that a predicate act of domestic violence had occurred. That assumption was upset in the recently decided case of State v. Burket, a non-family law decision.
Joint Employer: Still a Potential Threat
Posted in Business & Commercial Law
With the recent news out of Washington that the Department of Labor has withdrawn Administrator’s Interpretation 2016-1 (its previous informal guidance on joint employment under the Fair Labor Standards Act (“FLSA”)), and with the National Labor Relations Board pulling back the broad joint employer standard set in the 2015 Browning-Ferris… Continue reading
10 Retailers to Watch for a Bankruptcy Filing in 2018
Posted in Business & Commercial Law
2017 represented one of the busiest years for Chapter 11 retail bankruptcy filings. Many companies that filed have successfully emerged, like Payless. Yet, some are still questionable as to their future, such as Toys “R” Us, which is expected to begin selling a number of their leases and company owned… Continue reading
Charming Charlie’s the Next Retail Filing in 2017?
Posted in Business & Commercial Law
On December 11, 2017, Charming Charlie Holdings, Inc. (“Charming Charlie”), the Houston–based fashion jewelry and accessories chain filed a Chapter 11 Bankruptcy Case in the United Bankruptcy Court for the District of Delaware. Charming Charlie has closed about 100 of its 360 stores. Further, its New York City flagship location… Continue reading
Executor’s Right to Use Estate Assets to Pay Counsel Fees
Posted in Business & Commercial Law
It is well accepted law that an Executor of an Estate may use Estate assets to defend any challenges levied against the Will and any provisions contained therein. So long as what is challenged is the Will itself or a provision therein, an Executor may hire an attorney to defend… Continue reading
Can a Condo Association Recover Past-Due Amounts After Owner Files Bankruptcy?
Posted in Business & Commercial Law
When a condo owner in arrears on assessments declares bankruptcy, a condo association often expresses concern about the effect of the bankruptcy on its ability to collect pre- and post-bankruptcy assessments. The bankruptcy code states that fees or assessments that become due and payable after filing for bankruptcy protection are… Continue reading
A Look at President Trump’s Tax Reform Proposal
Posted in Business & Commercial Law
Benjamin Franklin once famously said that, “In this world nothing can be said to be certain except death and taxes.” President Trump’s recent tax reform proposal is the administration’s attempt to alleviate one of these certainties of life. President Trump’s proposal, which was released on Sept. 27, contained the following… Continue reading
