By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey LLC Attorney The New Jersey Revised Uniform Limited Liability Act (RULLA) contains an express provision granting relief to oppressed minority LLC members. The current LLC Act authorizes the remedy of a buy-out in lieu of dissolution. Unlike the […]
Category Archives: Business
Can an At-Will Employee With No Contract of Employment and No Promise Or Term of Employment File For Judgement?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Employment and Contract Law Attorney The “you work for me at my will” commonly referred to as the “at-will doctrine” remains the rule of New Jersey employment law today. Absent a writing specifying the term, or duration, of the employment relationship, under […]
When a Person Subject to a Guardianship Dies Are Contracts Signed by the Guardian VOID at Time of Death?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Contract Law Attorney A colleague represents the guardian of a 70 year old woman in northern NJ. This adult woman (called a “ward” in guardianship vocabulary), died suddenly. The guardian was under contract to sell the ward’s house with the […]
Should You Be the Registered Agent for Your Company
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Commercial Law Attorney There are two schools of thought about being the registered agent for a company. One says name yourself so that all notifications, disclosures and lawsuits come through you and your knowledge of what is going on will be […]
California Default Judgment Bars Litigation in New Jersey
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Appellate Court Attorney When it comes to deciding the merits of a case, default judgments are final adjudications (a default judgement means one party in a lawsuit failed to answer the complaint). A court in one state does not generally have the […]
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 elections now over, there have been some reports of companies telling their employees that if they voted for President-elect Trump, they should be looking for a new job. There has also […]
Fighting Unauthorized Use of a Credit Card
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business and Contract Law Attorney If you or a loved one has gotten charges on his or her credit card that you do not recognize, you are not alone. Every day, many Americans look at their credit card statements and scratch their […]
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 stock in a company, you think about calling up a stock broker and telling him or her to put your 500 or 1,000 shares of XYZ Corporation up for sale in […]
In the Ins and Outs of the Fraudulent Transfer Laws In a Failed Business Venture
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Fraudulent Transfer Attorney Here’s an interesting case involving the fraudulent transfer law. In Carucci v. Regency Fin. Group LLC, the plaintiff loaned an accounting firm, $100,000. The firm never paid back the money that was due. So the plaintiff sued, and the […]
Protect Yourself from Personal Liability When Doing Business in New Jersey
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Commercial Law Attorney In the case of, In re Ryan and Jane Ltd, the New Jersey Courts addressed whether alter-ego and fraudulent transfer claims become the property of the bankruptcy estate. Before we go any further, let’s talk about all of […]