Business & Commercial Law
New Jersey Law Blog
Rectifiers, Blenders and Bottlers Under the New Jersey Intoxicating Liquors Act
Posted in Business & Commercial Law
Rounding out the available manufacturers licenses available in New Jersey are the Rectifier and Blender License and the Bonded Warehouse Bottling License. Continue reading
Restricted Licenses in New Jersey Affecting Breweries and Wineries
Posted in Business & Commercial Law
In a prior post, the Restricted Brewery License was reviewed. This license permits the operation of a “brew pub” on the licensed premises. In this respect, the brew pub may supply malt alcoholic beverages that it brews on premises for consumption in an adjoining restaurant that is operated regularly and principally for the purpose of providing meals to its customers and having kitchen and dining facilities. As previously discussed, the holder of a Restricted Brewery License may only produce up to 10,000 barrels for on-premises consumption or sale to licensed wholesalers, and this license may only be granted to a party that also owns a Plenary Retail Consumption License that is operated in conjunction with the above-referenced restaurant. Continue reading
Using Qualified Domestic Relations Orders (QDROs) to Collect Alimony and Child Support Arrears
Posted in Business & Commercial Law
In the world of family law, few problems compare to a person’s failure to receive court-ordered alimony and/or child support on a regular, recurring basis. The enforcement and collection of support arrears can be difficult, expensive and time consuming. One overlooked remedy is to tap a non-custodial parent’s retirement plan for unpaid support. The technical term is a Qualified Domestic Relations Order or QDRO. Such QDROs apply to both Defined Benefit Plans (traditional pensions) and Defined Contribution Plans (401-K Plans and the like). Even if the non-custodial parent has lost his or her job, a QDRO remains available for support collection purposes. At the same time, since every Plan is different, a court cannot instruct the Plan Administrator as to when or how to make a support distribution (for example, under some Plans a lump sum distribution is prohibited). Continue reading
ERISA: Interference with Protected Rights
Posted in Business & Commercial Law
Section 510 of the Employment Retirement Income Security Act (ERISA) prohibits employers from intentionally interfering with employee benefits, such as by discharging an employee to prevent his or her pension benefits from vesting. Specifically, Section 510 provides in part: Continue reading
A Digital Dilemma: Cell Phone Use by Employees While Driving
Posted in Business & Commercial Law
In today’s technology dependent culture, the use of mobile devices without regard to time or place is a growing phenomenon. Certainly, the digital age has changed the way a large majority of employers conduct business with unmistakable benefits. However, a savvy employer knows that benefits rarely come without some element of risk, and risk reduction is of paramount importance when it comes to sound business management. Achieving a healthy balance between reaping the benefits of technological advancements while curtailing their use to reduce potential liability is not an easy task, but it is absolutely essential. Preparation is the most prudent course of action for today’s employer. Continue reading
New Residential Lease Language Required to Collect Attorneys’ Fees
Posted in Business & Commercial Law
On January 17, 2014, Gov. Christie signed into law Assembly Bill 3851, requiring landlords of residential property to include additional language in new residential leases after February 1, 2014. The new law recognizes an implied covenant of collection of attorneys’ fees and costs for a tenant, if the lease allows the same for the landlord. Continue reading
Considerations for Selecting a Location for Your Brewery, Brew Pub or Distillery
Posted in Business & Commercial Law
Choosing your business location, whether as a startup brewery, brew pub or distillery, or to relocate an existing business, is a critical determination. There are many considerations, both business and legal, that must be weighed in making this decision. Continue reading
Third Tier Roadways within Community Associations are Entitled to Reimbursement Under Municipal Services Act
Posted in Business & Commercial Law
A recent trial court decision in Ocean County held that all roadways within a qualified private community – such as a homeowners association or condominium association – which provide access to units and function as roadways are eligible for reimbursement under the Municipal Services Act. This includes third tier roadways which municipalities have previously classified as “driveways”. Continue reading
Reconciliation After Filing for Divorce: Success or Sorrow
Posted in Business & Commercial Law
Filing the Complaint for Divorce often signifies the end of a marriage. It carries with it a certain stigma that the notion of love has gone and that a married couple will never be together again. However, it is not uncommon for parties in divorce to eventually reconcile and continue their marriage, whether because they did not want to get divorced before but felt forced in some way and/or they have decided to give the marriage another try. Continue reading
Powers of Attorney for Overseas Assets
Posted in Business & Commercial Law
Powers of Attorney are important documents that assist in the management of your assets, and are typically used if you are rendered unable to manage your own financial affairs. Any individual (regardless of citizenship) who owns overseas property faces unique issues when establishing a Power of Attorney for these assets. Optimally, a local attorney in the country where the property is located should draft a limited Power of Attorney to address management of the foreign property. Depending on individual circumstances this may not be realistic or possible. Continue reading
