Business & Commercial Law
New Jersey Law Blog
When Will I Get My Inheritance?
Posted in Business & Commercial Law
As they say, the only two certainties in life are death and taxes. At some point we will all mourn the loss of a loved one. Once the mourning is completed, questions may arise whether the decedent had a last will and testament under which you might be a beneficiary…. Continue reading
Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 3
Posted in Business & Commercial Law
Balancing Individual John Doe Defendants’ Privacy Rights With Strike 3’s Right to Pursue Its Copyright Infringement Claims Digital piracy on peer-to-peer networks can have severe financial consequences for copyright holders. As one member of Congress put it: Under U.S. law, stealing intellectual property is just that—stealing. It hurts artists, the music industry,… Continue reading
N.J. Prompt Pay Act and Piercing the Corporate Veil
Posted in Business & Commercial Law
In a recent appellate decision, the court discussed the N.J. Prompt Pay Act, a fraudulent inducement claim and piercing the corporate veil with regard to a subcontractor’s claims against a general contractor. In finding in favor of the sub-contractor, the court applied the N.J. Prompt Pay Act and a fraudulent… Continue reading
Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 2
Posted in Business & Commercial Law
Appellate Courts Recognize Strike 3’s Ability to Meet Standard for Early Discovery to Obtain John Doe Defendant’s Name and Address While some bullheaded District Court judges have stopped Strike 3 in its tracks by denying its request for early discovery, most appellate courts to have considered the issue find that… Continue reading
Supplemental Guidance Regarding the Proxy Voting Responsibilities of Investment Advisers
Posted in Business & Commercial Law
The Securities and Exchange Commission’s (“SEC”) Supplement to Commission Guidance regarding Proxy Voting Responsibilities of Investment Advisers (“Guidance”) became effective on September 3, 2020. Additionally, the SEC final rules governing Proxy Advisors (“Amendments”), intended to improve the accuracy and transparency of information provided by proxy advisory firms, will go into effect on November 2,… Continue reading
Eight Nebraska Football Players Commence Litigation Against the Big Ten Seeking Reinstatement of Their Season and Monetary Damages
Posted in Business & Commercial Law
On August 27, 2020, eight Nebraska football players commenced litigation against the Big Ten Conference in the District Court of Lancaster County, Nebraska. The lawsuit asserts that the Big Ten Conference’s cancellation or possible delay of the 2020 college football season was “arbitrary and capricious.” In support of the same,… Continue reading
Supreme Court Holds States Cannot Be Sued for Monetary Damages in Copyright Infringement Cases
Posted in Business & Commercial Law
In a unanimous decision, the Supreme Court recently held that States cannot be held liable for monetary damages in copyright infringement lawsuits despite the Copyright Remedy Clarification Act of 1990 (CRCA). This act provides that a State “shall not be immune, under the Eleventh Amendment [or] any other doctrine of… Continue reading
COVID-19 Brings New Procedural Hurdles to Evict Commercial Tenants in New Jersey
Posted in Business & Commercial Law
On July 14, 2020, the Supreme Court of New Jersey issued an order authorizing several steps to support the resumption of landlord/tenant cases during the COVID-19 crisis. The good news is that the procedures allow for resumption of adjudication. The bad news is that there still could be a delay/lag… Continue reading
Now is a Good Time to Make Your Estate Plan
Posted in Business & Commercial Law
Living in the time of COVID-19 has heightened everyone’s anxiety. With all of the uncertainties in life, implementing estate planning documents that provide for you and your family can afford some level of relief. Estate planning documents allow you to designate agents to assist with your affairs, while providing structure… Continue reading
Ascena Files for Chapter 11 Bankruptcy in Virginia
Posted in Business & Commercial Law
Ascena Retail Group, Inc., the parent of the Ann Taylor, Lane Bryant, Lou & Grey and LOFT retail chains, filed for Chapter 11 bankruptcy on Thursday, July 23, 2020 in the Eastern District of Virginia, docket # 20-33113. According to MarketWatch, the New Jersey-based company expects to reduce debt to… Continue reading
