Business & Commercial Law
New Jersey Law Blog
New Jersey Franchisees Claim that they are Employees of Franchisor
Posted in Business & Commercial Law
In Naik v. 7-Eleven, Inc., (U.S. District Court. D.N.J., Civil No. 13-4578), certain 7-Eleven franchisees in New Jersey alleged that they are employees, not independent contractors, of the franchisor, and that the franchisor violated the federal Fair Labor Standards Act (FLSA) and other New Jersey statutes. 7-Eleven made a motion… Continue reading
Franchisee’s Fraud Claim Rejected Under New Jersey Law
Posted in Business & Commercial Law
We have discussed the court’s enforcement of the arbitration provision contained in the franchise agreement and the court’s re-affirmation that the New Jersey Consumer Fraud Act does not apply to the sale of franchises. Another noteworthy aspect of the court’s decision is the discussion of the heightened standard under New Jersey law to successfully assert a fraud claim. Continue reading
New Jersey Court Case Addresses Location of Depositions
Posted in Business & Commercial Law
Unfortunately, sometimes disputes arise as to where and when depositions should be taken. Most (possibly all) Judges hate those kinds of disputes. Discovery disputes are best resolved amongst capable attorneys by way of reasonable compromise. Continue reading
Court Rules on Calculation of Interest on Tax Over-Payment
Posted in Business & Commercial Law
Recently, the Appellate Division of the Superior Court of New Jersey affirmed a Tax Court decision which enforced a settlement and determined the amount of interest to be paid on the refund after a successful tax appeal. This blog will focus on the portion of the decision that discusses the interest component of the refund. Continue reading
New Jersey Supreme Court Confers Greater Equitable Powers to Chancery Court Judges When Adjudicating Intra-Company Disputes
Posted in Business & Commercial Law
In 1993, the New Jersey Supreme Court conferred great powers to Courts when adjudicating minority oppression claims. Brenner v. Berkowitz, 134 N.J. 488 (1993). Last year, the New Jersey Supreme Court conferred even greater equitable powers to Chancery Division Judges deciding inter-company disputes. Sipko v. Koger, Inc., 214 N.J. 364, 383-384 (2013). Continue reading
Having an Open Mind in Mediation Can Help Achieve a Settlement
Posted in Business & Commercial Law
As a seasoned mediator, I begin each session by affirming my absolute confidence that a settlement of the dispute can be arrived at during the session we are about to commence. Parties come to the process often unfamiliar and apprehensive, yet largely open to the prospect, especially if reinforced by suggestion, that anything is possible. Continue reading
Challenging an IEP
Posted in Business & Commercial Law
As you are likely aware, IEP stands for Individualized Education Program. An IEP is a written plan, which sets forth in detail the special education needs of a particular child. In general, an IEP is formulated by a school’s Child Study Team, a Case Manager and a School District Representative. Should a parent or guardian disagree with the IEP plan presented for their child, there is a process to challenge an IEP. Continue reading
Seminal Ohio Case Protects Oppressed Minority Shareholders
Posted in Business & Commercial Law
The Ohio Supreme Court in the seminal case Crosby v. Beam, 47 Ohio St. 3d 105 (1989) set forth protections for Ohio minority shareholders. Minority shareholders sought redress via the Ohio courts. In their complaint, the minority shareholders alleged that the majority shareholders had oppressed them by: (1) awarding themselves unreasonable salaries; (2) using corporate property for their personal enterprise; (3) having the company purchase life-insurance only for the majority’s benefit; and (4) taking improper, low-interest loans from the company. Continue reading
Residential Issues to Avoid for Multi-Family and Mixed-Use Properties: Are You Violating Leasing Laws?
Posted in Business & Commercial Law
There’s a big demand for multi-family and mixed use properties in New Jersey. Savvy owners have an opportunity to provide valuable housing and make a good profit at the same time. However, New Jersey has very strict residential leasing laws. If you violate these laws when leasing and operating properties, you can lose money and suffer civil, as well as possible criminal penalties. The good news is that adept counsel can help you to comply with these residential laws. Continue reading
Can Board Members Vote By Proxy?
Posted in Business & Commercial Law
As busy volunteers, often with full-time jobs, families, and other commitments, community association board members may not be able to attend all meetings of the board. When this happens, particularly when an important vote is pending and the trustees are divided on the issue, a board member may wonder if they can authorize another board member to act as their proxy at the meeting. Such a practice is impermissible and/or inadvisable under the law and most governing documents. Continue reading
