Business & Commercial Law
New Jersey Law Blog
Business Evaluations in Divorce Cases Must Reflect Fair Value, Not Fair Market Value
Posted in Business & Commercial Law
Fair market value is the amount for which a property would be sold in a voluntary transaction between a willing buyer and a willing seller. It is important that neither the buyer nor seller is under an obligation to buy or sell. It is also important that both parties have a reasonable knowledge of the relevant facts. Continue reading
New Legislation Strengthens Enforceability of Premarital Agreements
Posted in Business & Commercial Law
In March, 2013, the New Jersey State Legislature amended the Premarital Agreement Statute which in essence, makes it more difficult to vacate such agreement at the time of enforcement. A Premarital Agreement, or more commonly known as a Prenuptial Agreement, is an agreement between two prospective spouses or partners in a civil union, dealing with current or future property interests in real or personal property, as well as income and earnings. Continue reading
The Effect of Social Security Disability Determinations on Child Support and Alimony
Posted in Business & Commercial Law
Either party in a post-judgment divorce action may make an application to modify alimony and/or child support based upon a perceived substantial change in circumstances. The party seeking the modification has the ultimate burden of demonstrating that a change in circumstance has occurred which would warrant a modification or termination of that support obligation. A reduction or lack of income is a prominent reason why litigants believe they are entitled to relief. Courts often hold that persons are not entitled to a reduction or termination of their support obligation for two reasons: The reduction or lack of employment (1) cannot be shown to be permanent in nature, and/or (2) was voluntary, at least in part. Continue reading
Can a Defective Will be Probated?
Posted in Business & Commercial Law
Having seen the delays and costs associated with Wills drafted by the decedent or a third-party, the importance of a properly drafted self-executing Will cannot be stressed enough. Continue reading
Additional Causes of Action in Oppression Litigation – Corporate Opportunity Doctrine
Posted in Business & Commercial Law
Often, business break-up or oppression litigation will include allegations that one side or the other breached fiduciary duties. Courts have consistently recognized shareholders who owe certain fiduciary duties to the other shareholders and corporate entity. Continue reading
Appelate Division Finds That Contract Purchaser Has Standing to File a Real Estate Tax Appeal
Posted in Business & Commercial Law
I previously wrote a blog discussing a case where the New Jersey Tax Court found that a contract purchaser who did not own the property on date the tax appeal was filed (March 29, 2012) did not have standing to file a tax appeal. As a result, the Tax Court dismissed the appeal. On July 3, 2013, the Appellate Division of the Superior Court of New Jersey reversed the Tax Court and held that the contract purchaser had standing to file the appeal and is entitled to proceed towards trial. Continue reading
Notice Requirements for Open Board Meetings
Posted in Business & Commercial Law
The board of directors of a community association may have multiple meetings throughout the year. When these board meetings are “open” the members of the association are entitled to attend and observe. Having the right to attend a meeting is meaningless unless a member knows when and where the meeting will be held. Therefore, in accordance with N.J.A.C. 5:20-1.1, et seq., a board must ensure that proper notice requirements are followed. Continue reading
The New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act
Posted in Business & Commercial Law
In December of 2012, the State of New Jersey adopted the New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act. This same Act has been adopted by a majority of U.S. States. The purpose of this Act is to insure uniformity concerning potential Jurisdiction issues which may arise between the U.S. States with regard to guardianship and other protective proceedings initiated in either the State of New Jersey or any other State. Continue reading
Documenting Back Charges in Construction Projects
Posted in Business & Commercial Law
Whether you are Project Owner, a General Contractor or a Sub-Contractor, there are often times where a third party performs work or provides services or materials on your behalf for a project. If any issues with an entity or an individual that you hired to perform work are seen, it is very important that you carefully document these issues so you can protect yourself should a dispute develop in the future. Virtually every Construction Contract provides for remedies in the event of a default in performance by an individual or entity retained under the Contract. Continue reading
Pending New Jersey Legislation Aimed at Holding Employers Accountable for Workplace Bullies
Posted in Business & Commercial Law
Surveys and studies have shown that between 16 and 21 percent of employees nationwide have directly experienced adverse health effects associated with workplace bullying, abuse, and harassment. Notably, those studies further show that this behavior is four times more prevalent than sexual harassment alone. Continue reading