The New Jersey Supreme Court implemented a statewide Complex Business Litigation Program, the purpose of which was to address the specific needs of parties …
The Enforcement of Restrictive Covenants in Commercial Leases
Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …
You Don’t Lose Your Status as a Partner if You Assign Your Partnership Interest to Your Revocable Trust
Four dentists formed a partnership to acquire and maintain a dental office building. The then-partners amended their agreement to allow one of the partners …
Qualifying for the “Business Court”
Did you know New Jersey has a business court dedicated exclusively to commercial, construction, business and corporation cases? To qualify, your attorney must designate …
Another Case of Alleged Wrongful Disclosure of Confidential Information and Breach of Contract Goes to Trial
Breaching a Confidentiality Agreement Can Lead to Serious Legal Liability Plaintiff is the former employer of Defendant. Plaintiff and Defendant entered into a confidentiality …
Dealing With Customers Who May Be on the Verge of Bankruptcy
The bankruptcy code provides business creditors with defenses to stop the return of money received by a debtor during …
Some Things Just Can’t Be Changed. Understanding What Provisions of an Operating Agreement Under the New Jersey Revised Uniform Limited Liability Company Act (RULLCA) Cannot Be Waived
The New Jersey Limited Liability Company (LLC) Act is flexible in many ways giving members of an LLC freedom to negotiate and create a …
What is the Buy-Out Formula of a LLC Member Under the Revised New Jersey Limited Liability Act (RULLA)
The New Jersey version of the Revised Uniform Limited Liability Act authorizes a member a buy-out in lieu of company dissolution when there is …
New Jersey Charges Members of an LLC an Annual Fee for the Privilege of Being Located in New Jersey
Here is a question I was recently asked by a client interested in starting up a small business in New Jersey. Does the State …
Shareholder Disputes and Family Companies; NJ Business Laws Provide Remedies (Part 2)
Part 2 of a 2 Part Series In my first post, I explained in detail the facts leading up to a family shareholder dispute …
Shareholder Disputes and Family Companies; NJ Business Laws Provide Remedies (Part 1)
Part 1 of a 2 Part Series Small family companies often break apart and family shareholders sue each other. To successfully obtain an injunction …
Protecting New Jersey Franchisees Under the New Jersey Franchise Practices Act
If you are a franchisee being threatened with a termination of your franchise in NJ, you must act immediately before your franchisor goes to …
Remote Notary Act Memo
Recently, New Jersey law changed to allow attorneys and notaries to notarize documents over video conference. This is important for business owners who need …
Court Rejects Fraudulent Transfer Claims Against Former Owner
Plaintiffs filed an appeal dismissing their claim under the NJ Uniform Fraudulent Transfer Act Facts of the Case The evidence of an alleged fraudulent …
Understanding the “Economic Value” of Being Employed When Stock is About to be Purchased By a Co-Shareholder
Shareholders are often employees of their company If they sell their stock they may lose their job The value of being employed should be …
Read This Trial Brief Involving a Hotly Contested Family Business Lawsuit (Part 2 of 2)
In Part 1 of this article, I discussed the contents of an actual legal brief used by Hanlon Niemann & Wright in a shareholder, …
Read This Trial Brief Involving a Hotly Contested Family Business Lawsuit (Part 1 of 2)
Business and Corporate litigation cases are interesting. This article includes the contents of an actual legal brief used by Hanlon Niemann & Wright in …
Can a Shareholder With a Minority Ownership Interest in a New Jersey Company Be Fired?
• Shareholders are often employees of the company they own • Majority Shareholder will sometimes “fire” and dismiss a minority shareholder as an employee …
Trade Secret and Confidential Information Litigation: It’s All About the Facts
Most companies require employment agreements for important executives, high-level management and key personnel to protect trade secrets and confidential information. Employment Agreements which prohibit …
A Court Cannot Appoint a Receiver for a Corporation or LLC Without Proper Legal Notice
A recent case from the Appellate Division reminds us that the court rules which address business litigation must be closely followed. A Trial Judge …
If You Don’t Pay Your Arbitration Fees, You Forfeit the Right to Arbitrate Your Dispute, Court Rules
If your contract requires mandatory arbitration and you fail to pay the arbitration fee in advance, you automatically waive your right to enforce an …
If Your Business Charter is Revoked in New Jersey, You Can’t Bring Legal Action
The judge concluded correctly that E&V’s failure to reinstate its revoked corporate charter precluded E&V from filing this action. Background E&V, a construction contractor …
When You Sign a Business Contract You Absolutely Must Negotiate Litigation Provisions Outside of New Jersey
By Fredrick P. Niemann of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business Corporation and Contract Law Attorney I have …
Can Shareholders Demand Access to Inspect a Corporation’s Records, Minutes of Meetings of Directors and Other Corporate Actions?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Business and Corporate Law Attorney I was recently …
Can You Get an Injunction to Stop a Threatened Breach of a Covenant Not To Compete?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County New Jersey Covenant Not to Compete Attorney The Applicable Law …
Just How Far Must You Go To Serve A Lawsuit Upon a Defendant (Part 3 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trial & Litigation Attorney In Parts 1 and 2 of this …
What is the LLC Buy-Out Standard?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey LLC Attorney The New Jersey Revised Uniform …
Yes, You Can Use Facebook to Serve a Lawsuit on an Out of State Defendant…Sometimes (Part 2 of a 2-Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright a Freehold Township, Monmouth County New Jersey Trial and Litigation Attorney Part 1 of …
Just How Far Must You Go To Serve A Lawsuit Upon a Defendant (Part 2 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trial & Litigation Attorney Part 1 of this blog series discussed …
Did You Know That a Court Appointed Receiver Cannot Be Held Personally Liable When He or She Screws Up a Business?
By Fredrick P. Niemann of Hanlon, Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business & Corporation Law Attorney In a recent …