Can a New Jersey LLC Register a Foreign Trademark(s) in the United States?
Sometimes international legal issues are complicated. Today’s blog topic has a relatively simple answer, though the actual process of registering a foreign trademark is …
Tips For Both the Buyers and Sellers of a Business in NJ: Protecting Yourself in a Non-Compete Agreement
Work with an experienced Attorney This introduction may read as self-serving since Hanlon, Niemann & Wright is a law firm, but I am very …
A Business Can Sue and Be Sued for Defamation
A business can be sued for defamation in New Jersey. A defamatory statement is one that is false and “injurious to the reputation of …
Yes, You Owe Federal and New Jersey Income Taxes on Gambling Winnings
Hitting the jackpot in Atlantic City while gambling makes you feel great (I don’t know that feeling, since I don’t gamble… except in the …
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 …
The Current State of Agreements Against Non-Disclosures of Confidential Information
Non-disclosure/Confidentiality Agreements Non-disclosure agreements are also known as confidentiality agreements, confidentiality disclosure agreements, and non-disclosure contracts. A non-disclosure agreement (NDA) is a legal agreement …
Can an Owner of an LLC or Corporation Be Sued Personally in NJ for Contractual Negligence?
You sign a contract with a builder to add an addition to your home, or a plumber to fix your leaking pipes. Maybe you …
When a Contract is Breached the Breach Must Be Material to Win the Case
It is important to understand that to be actionable a breach of contract must be a material breach. N.J. case law sets forth the …
The Court Will Not Rewrite for You a Better Operating Agreement Than You Signed
If you sign a poorly written or unfair operating agreement you are still contractually obligated. This blog discusses how a Chancery Judge in NJ …
Construction Lien Law and Where to File the Lien
If an owner of a one family house has a contractual dispute with a contractor and the contractor attempts to place a lien on …
Do I Have a Duty of Loyalty to My Employer?
Employees must not act contrary to the employer’s interest, nor compete with his or her employer during their employment. Additionally, NJ courts have held …
Employment at a Specific Salary
The Supreme Court of New Jersey held that an offer of employment at an annual salary does not automatically qualify as a guarantee of …
Buy-Out of Business Partner With Life Insurance Results in Massive Income Tax Hit From IRS
A recent U.S. Supreme Court decision in Connelly v. United States disputes a common succession strategy for many closely owned businesses with more than …
Can an Employer Enforce a Non-Disclosure and Non-Disparagement Agreement Against a Former Employee?
You work for an employer. You’re fired, or let’s say you’re terminated, or you separate from your employer. You sue your former employer. You …
A Women Owned Business in N.J. Means Women Owners, Not a Corporate Owner With Women Employees
This case challenged a final decision by New Jersey denying a company’s application for certification as a “women’s business” under N.J.S.A. 52:27H-21.17 and the …
Is There Such a Thing as a Lifetime Contract of Employment?
An employment contract may specify a fixed term of employment; but like any other contract, such a contract must be sufficiently definite in its …
Is a Personal Service Contract Enforceable in NJ?
The general rule has historically been that in NJ, a personal service contract, including an employment contract, can be specifically enforceable, especially when the …
Understanding The Breach of Contract Defense Known as “Laches”
“Laches is an equitable doctrine under the law which penalizes a party with a legal right to relief from enforcing that right after passage …
If You Loan Money and Wait Too Long to Collect It You May Lose Your Right to Collection
In this collection case a private lender challenged the court’s dismissal of his breach of contract claims because of the legal doctrine known as …
Implied Covenant of Good Faith and Fair Dealing Applies to All NJ Contracts and the NJ Consumer Fraud Act
An important law governing New Jersey commercial transactions is known as the “implied covenant of good faith and fair dealing”. This law states that …
Just How Far Can You Go with Making a Conscientious Employee Protection Act (CEPA) Claim Against Your Employer? (Part 2 of 2)
In my last blog I discussed a public employment case involving a corrections officer employed at Fort Dix. He claimed employment retaliation because of …
The NJ Revised Uniform Limited Liability Company Act Limits Derivative Lawsuits by Family Members of a Small LLC
This case originated as a dispute between brothers over the managerial rights of a family owned LLC. Each member owned a 48% interest in …
Can You Sue Your Insurance Agent for Not Recommending Enough Coverage?
Do you have enough insurance? Does your insurance agent ever discuss your coverage? Without enough insurance you risk loss of your savings and property. …
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 …
A Former Employer Cannot Claim “Specialized Knowledge Gained on the Job” to Stop an Employee from Leaving
One of the nation’s largest home building companies applied to court for injunctive relief to prevent one of his former employees from misappropriating alleged …
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 …
Is There Legal Liability When an Incapacitated Person Signs a Contract?
• A contract signed by an incapacitated person is generally voidable by the incapacitated party, meaning they can terminate it at any reasonable time …
Installation of a Complex Computer System Ruled Not Subject to the NJ Consumer Fraud Act
The Consumer Fraud Act (CFA) provides protection for many NJ consumers when dealing with the sales of real estate and merchandise. The Act provides …
Are Doctors, Psychologists, and Accountants Subject to a Restrictive Agreement Not to Compete?
Restrictive agreements of physicians are still enforceable. The Supreme Court found nothing in the nature of the medical profession requiring exemption from the general …
A Party’s Tax Returns Are Generally Protected from Disclosure in Litigation… But Not Always
The NJ Court Rules control the procedural aspects of all litigation in the state. Rule 4:10-3 allows a court to prevent the disclosure of …