COVID, the Flu and the Law Against Discrimination
In a recent case handled by our office, a school district terminated a teacher in violation of the New Jersey Law Against Discrimination (LAD) …
A NJ Partnership That Owns Real Estate is Subject to a Petition Action by its Partners
In this case, three partners owned three properties as tenants in common in Newark (tenants in common means they each own a percentage of …
A Liquidated Damage Cause in a Breach of Contract Cases Isn’t Always Enforced
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
When Shareholders Are Fighting What Statutory Remedies Can Be Used to Win
When things go bad between shareholders, fights erupt and litigation is most often filed by and against the corporation and the individual shareholders. Once …
A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law
The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law. …
Understanding the Role of a Trustee(s) in a Family Trust That Owns a Family Corporation
I read an interesting trust litigation case which was decided in the Federal District Court of New Jersey. The case involves the New Jersey …
Understanding the New Jersey Complex Business Litigation Program (CBLP) Guidelines
Overview The Complex Business Litigation Program (“CBLP”) is focused on business, commercial and construction cases with significant dollar amounts in dispute or business or …
Trusts as Members of NJ LLCs
This blog discusses whether a trust can be a member of a NJ LLC and addresses a few interesting questions about how a trust …
Transferring Your Family Business to a Child Can Have More Complications Than You Think
Owners of family businesses often look forward to the day they will be able to retire and pass on the business to their child …
What Does the Attorney-Client Privilege Mean to You?
Attorney-client privilege means that in litigation, anything you tell your attorney will be held in strict confidence and cannot be disclosed unless there is …
New Jersey Expands Law Against Discrimination to Address Age Discrimination
What You Should Know New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees Government and state employers no …
The Settlement of a Business Dispute is a Contract and Will Be Enforced
“A settlement between parties to a lawsuit is a contract.” The terms of the contract and the interpretation of a settlement agreement is a …
Do Not Fail to Provide Your Partner with an Accounting if Demanded
Plaintiff and defendant formed a partnership to rent property to various tenants. When plaintiff asked defendant for his share of the rental profits and …
You’re Not Personally Liable as a Guarantor of a Lease or Debt Unless You Agree to Be Personally Liable
Personal guarantees of debts are often demanded in business agreements, commercial and residential real estate deals and bank loans. If the debtor defaults, the …
If You Resign from Your LLC, Don’t Expect to Get Paid Fair Value for Your Share
This is an interesting case. Plaintiff sued defendants, alleging they wrongfully deprived him of his ownership interest in the LLC, without compensation. The trial …
You Can’t Wait Forever to Demand Arbitration in Your Contract Fight
How Long Can You Wait in a Lawsuit Before Demanding Arbitration Video The parties to a recent case were siblings who purchased a …
Can an Employer Regulate Your Private Life and Your Free Speech?
Many employees do not realize that employers in New Jersey have the right to regulate and prohibit personal lifestyle choices after work and during …
New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts
A large number of employers and employees throughout New Jersey sign employment contracts. Unfortunately, many employees often do not read the contracts before they …
Know Your Rights: The Employee Retirement Income Security Act (ERISA) is an Important Federal Law for Employees
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health …
Thinking of blowing the “whistle” on your boss? Understanding the New Jersey Conscientious Employee Protection Act (CEDA)
There are numerous federal and NJ state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers. The CEDA law …
Have You Read Up on Recently About the Family and Medical Leave Act (FMLA)?
The Federal FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or …
A Shareholder Lawsuit Can Get You More Than Just Money!
If you are sued by your business partner because of alleged improper action on your part, what remedy will he or she seek? Many …
Every NJ Shareholder is a Fiduciary to Their Fellow Shareholders
By Fredrick P. Niemann, Esq. a NJ Shareholder Lawsuit Attorney As a shareholder of a New Jersey corporation, it is important to understand your …
It’s the Courts Who First Decide Mandatory Arbitration Not the Arbitrator
In a recent New Jersey case, a plaintiff filed a complaint alleging violations of the New Jersey Consumer Fraud Act, the New Jersey Commercial …
Include a Buy-Sell Agreement and Restrictive Covenant as a Key Part of Your Shareholder Agreement
Shareholder agreements should be essential to every small corporation’s structure. These agreements outline many aspects of corporate government including ownership and voting rights, control …
The Fiduciary Duty of Loyalty Protects Minority Shareholders in NJ Corporations
New Jersey is home to numerous “closely-held” corporations. A closely held corporation is one that consists of a small number of shareholders or owners. …
You Can’t Compete Against Your Employer While Still Working for Them
Recently, I read about a lawsuit brought against a high-level management employee and officer of a corporation who secretly started a competing business against …
Understanding the Role of an Arbitrator Under NJ Arbitration Law
Under Rule 1:40-2(a)(1), arbitration is “[a] process by which each party or its counsel presents its case to a neutral third party, who then …
An Employment Contract Is Essential to Your Rights as an Employee In New Jersey
Many employees throughout the state of New Jersey have signed employment contracts but are unaware of what exactly their employment contracts say. When they …