“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …
Knowing Your Options for Getting Out of a Business with a Member You Are Not Getting Along With
The first, and in my opinion, best option is for you to formally withdraw from the LLC. If you do not have a written …
Corporations Located Outside NJ Can Still Be Sued in New Jersey, Sometimes
In order to exercise jurisdiction over an out-of-state corporation, “a defendant’s “conduct” must create a substantial connection with New Jersey. When analyzing a defendant’s …
Suspect Infringement of Your Business Trade Name? Take Action Now!
If you have gone through the effort of undertaking a United States Patent Trade Office (USPTO) filing, confirmed your company holds the registration to …
New Jersey’s Business Courts: Litigation Program
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 …
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 …
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 …
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 …
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 …
Employers Are Allowed to Hire and Fire (Discriminate) on the Basis of Political Affiliation
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Corporate Law Attorney With the controversy around the recent …
Forcing a Shareholder to Sell His or Her Shares of Stock in a Company
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Shareholder Rights & Corporate Litigation Attorney When you think about selling …
Parties Can Consent to Give An Arbitrator More Power in Deciding Disputes (Part 4)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Arbitration Attorney In Part 2 of this Arbitration Law series, I …
The Arbitration Process: How Do I Get My Award? Part 3: Jurisdiction of the Court
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Arbitration Attorney In the last blog, I discussed the court process …
The Arbitration Process: How Do I Get My Award? Part 2: The Court Process
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Arbitration Attorney In our last blog, I discussed getting yourself into …
Is Continuing Employment Sufficient Consideration To Make A Covenant Not To Compete Enforceable in NJ?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Covenant Not to Compete Attorney The short answer is “Yes”. In …
The Arbitration Process: How Do I Get My Award? Part 1: Obtaining the Award
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Arbitration Law Attorney If you are an avid fan of crime …
LLCs vs. Corporations- Economic Differences Part 2
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Corporate Attorney In our last post, I discussed the differences …
What Should I Select? LLCs vs. Corporations- Management and Formation Differences (PART 1)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Corporate Attorney If you are reading this article, it probably …
Seeking Injunctive Relief From the Court When a Lawsuit is About to Be Filed
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Business & Corporate Litigation Law Firm When seeking injunctive relief (an injunction means …
THE BENEFITS OF INCORPORATION UNDER NJ LAW
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Mercer County NJ Corporation Attorney A corporation under NJ law is a distinct legal entity …
OPPRESSED SHAREHOLDERS IN NEW JERSEY
By Fredrick P. Niemann, Esq. a New Jersey Corporation Attorney In cases of shareholder oppression, the people who own the majority of the shares …
Corporation Not Entitled to Hide Behind Indemnification Agreement Between Shareholders
By Fredrick P. Niemann, Esq., a NJ Corporate Attorney Sometimes shareholders of New Jersey Corporation may agree to an indemnification agreement, an indemnification agreement …
Installation of a Complex Computer System Not Considered a Transaction That Falls Under The Consumer Fraud Act
By Fredrick P. Niemann, Esq., a NJ Consumer Fraud Attorney The Consumer Fraud Act (CFA) provides protection for many NJ consumers when dealing with …
MAJORITY OWNERS OF NEW JERSEY LLCS OWE FIDUCIARY DUTY OF LOYALTY TO OTHERS IN THE BUSINESS
By Fredrick P. Niemann, Esq. a New Jersey LLC Attorney Limited Liability Companies have become increasingly popular in New Jersey throughout the last decade. …
THE FIDUCIARY DUTY OF LOYALTY PROTECTS MINORITY SHAREHOLDERS IN NJ CORPORATIONS
By Fredrick P. Niemann, Esq., a NJ Corporate Attorney New Jersey is home to numerous “Closely-Held” corporations, or corporations consisting of a small …
How to Protect a Security Interest in a New Jersey LLC
By Fredrick P. Niemann, Esq., NJ LLC Attorney How to perfect a security interest in an LLC membership interest depends on …
Different Ways to Hold Investment Properties
By: Fredrick P. Niemann, Esq. Convinced that the economy will improve sometime again, you decide it’s time to take the plunge and buy a …
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