Equal Access to Justice Act (EAJA): A Small Business Weapon Against the Federal Government
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Litigation Law Firm The Equal Access to Justice Act (EAJA) (5 U.S.C. § …
Converting a Sole Proprietorship to LLC in New Jersey
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ LLC Attorney There are a number of benefits to operating a business as …
Litigation of Arbitration Disputes Pending a Judicial Decision on the Arbitrability of the Dispute
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Arbitration Attorney New Jersey’s federal and state courts are in accord with respect …
Impairment of Franchise Rights Warrant the Issuance of an Injunction
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Franchise Law Attorney The impairment of franchise rights has been found to constitute …
Harm to Trade Secrets and Customer Relationships Justifying an Injunction in Federal and State Court
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Restrictive Covenants Law Firm The disclosure of trade secrets and the interference with …
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 …
New Jersey’s New Revised Uniform LLA
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Business and Corporation Law Firm New Jersey adopted the Revised Uniform Limited Liability …
Bill Would Outlaw Mandatory Arbitration in Consumer Contracts
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Arbitration Law Firm This article appeared in the New Jersey Law Journal on …
Estimated Taxes for Business Owners
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Business Law Attorney Estimated tax is the method used to pay tax on …
Non-Competition Agreements and Arbitration
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Arbitration Attorney Although the Federal Arbitration Act is federal legislation, that is, the …
Capped Commissions
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Contract Attorney As a sales representative for a computer software company, Richard received …
Understanding New Jersey’s Limited Liability Partnership Act
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Partnership Attorney What is a Limited Liability Partnership? A limited liability partnership (LLP) …
The Enforceability of Restrictive Covenants Against a Terminated Employee
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Covenant Not to Compete Attorney In New Jersey, restrictive covenants are enforceable but …
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 …
PARTIAL ENFORCEABILITY OF A NJ COVENANT NOT TO COMPETE
By Fredrick P. Niemann, Esq., a NJ Covenant not to Compete Attorney New Jersey’s Blue Pencil Doctrine The blue pencil doctrine, as adopted by …
SELLING OR PASSING A BUSINESS TO A FAMILY MEMBER
By Fredrick P. Niemann, Esq. a New Jersey Business Succession Attorney Is family succession the right option? It may be your dream to keep …
NJ LLC MEMBERS TAKE NOTICE: PROBLEMS ARISING IN FAMILY-OWNED LLC’S
By Fredrick P. Niemann, Esq., a NJ LLC Law Attorney Many individuals look up to family-owned LLC businesses, as they have been a staple …
Should My Family-Owned LLC Consider Independent Directors?
By Fredrick P. Niemann, Esq., a NJ LLC Attorney It’s no surprise that more and more family-owned LLCs are being created in today’s society, …
Common Stock vs. Preferred Stock: What is the Difference?
By Fredrick P. Niemann, Esq., a NJ Shareholder Attorney Purchasers of stock in a corporation all have shareholders rights. These rights differ depending on …
Family-Owned NJ Partnerships Must Be Aware Of Potential Problems That May Arise
By Fredrick P. Niemann, Esq., a NJ Partnership Attorney Family-owned and run enterprises have been the cornerstone of American business for a long time. …
THE NEW JERSEY CONSUMER FRAUD ACT AND NEW JERSEY NURSING HOMES (Part I)
The Admission Agreements for nursing homes under the consumer fraud act was recently analyzed by the court. The New Jersey CFA prohibits: “The act, …
THE NEW JERSEY CONSUMER FRAUD ACT AND NEW JERSEY NURSING HOMES (PART II)
By Fredrick P. Niemann, Esq. a New Jersey Consumer Fraud Lawyer Are New Jersey nursing homes subject to the Consumer Fraud act? The answer …
FRAUDULENT TRANSFERS/THE U.S. BANKRUPTCY CODE
By Fredrick P. Niemann, Esq. a New Jersey Fraudulent Transfer Attorney As previously posted, there are two types of fraudulent transfers. The second type …
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 …
A NURSING HOME ADMISSIONS AGREEMENT IS A CONTRACT
By Fredrick P. Niemann, Esq. a New Jersey Contract Lawyer “The interpretation of a contract is ordinarily a legal question for the court and …
MAY AN ORAL SETTLEMENT AGREEMENT REACHED THROUGH MEDIATION BE ENFORCED BY THE COURT?
By Fredrick P. Niemann, Esq. a New Jersey Arbitration Lawyer In New Jersey an oral settlement agreement reached during mediation can be enforced. However, …
NEW JERSEY LLC DISPUTES
By Fredrick P. Niemann, Esq. a New Jersey LLC Attorney An LLC lawsuit may be useful when you feel members of an LLC have …
WHAT INFORMATION CAN BE CLASSIFIED AS LEGALLY CONFIDENTIAL UNDER NEW JERSEY LAW?
By Fredrick P. Niemann, Esq. a New Jersey Confidentiality and Covenant not to Compete Attorney Confidential information and non-compete clauses in agreements include all …
THE NEW JERSEY CONSUMER FRAUD ACT AND NEW JERSEY HOSPITALS
By Fredrick P. Niemann, Esq. a New Jersey Consumer Fraud Lawyer The question of whether a hospital’s admissions contract and collection methods violated the …
Piercing the Corporate Veil May Subject NJ Business Owners to Individual Liability
By Fredrick P. Niemann, a NJ Business Attorney Many NJ Business owners create corporations for the purpose of shielding themselves from personal liability. …