Understanding What an Interpleader Action Means Under New Jersey Business Law
Many times business partners as well as family members will agree to deposit funds, security, or other investments with a common financial institution like …
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 …
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 …
What Is a Preliminary Injunction and How Is It Obtained in Court?
In litigation, unless a plaintiff meets its initial burden of proof a preliminary injunction must be denied. Let’s first discuss the legal definition …
A Real Estate Broker is Screwed When She Fails to Get a Signed Listing Agreement
Here’s a recent case that seems unfair to a real estate broker who failed to get a signed commission agreement before introducing a buyer …
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 …
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 …
Once You Agree to Settle a Lawsuit, New Jersey Law Will Not Let You Back Out of the Settlement
In many (most cases/lawsuits) the parties settle their dispute. There is strong public policy favoring settlement of litigation. Once a case is settled, New …
Read This Trial Brief Involving a Hotly Contested Family Business Lawsuit (Part 2 of 2)
In Part 1 of this article, I discussed the contents of an actual legal brief used by Hanlon Niemann & Wright in a shareholder, …
Read This Trial Brief Involving a Hotly Contested Family Business Lawsuit (Part 1 of 2)
Business and Corporate litigation cases are interesting. This article includes the contents of an actual legal brief used by Hanlon Niemann & Wright in …
Can a Shareholder With a Minority Ownership Interest in a New Jersey Company Be Fired?
• Shareholders are often employees of the company they own • Majority Shareholder will sometimes “fire” and dismiss a minority shareholder as an employee …
Just How Far Must You Go To Serve A Lawsuit Upon a Defendant (Part 3 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trial & Litigation Attorney In Parts 1 and 2 of this …
Yes, You Can Use Facebook to Serve a Lawsuit on an Out of State Defendant…Sometimes (Part 2 of a 2-Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright a Freehold Township, Monmouth County New Jersey Trial and Litigation Attorney Part 1 of …
Just How Far Must You Go To Serve A Lawsuit Upon a Defendant (Part 2 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trial & Litigation Attorney Part 1 of this blog series discussed …
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 …
Yes, You Can Use Facebook to Serve a Lawsuit on an Out of State Defendant…Sometimes (Part 1 of a 2-Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright a Freehold Township, Monmouth County New Jersey Trial and Litigation Attorney Look how Facebook …
Just How Far Must You Go To Serve A Lawsuit Upon a Defendant (Part 1 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Trial & Litigation Attorney To start a lawsuit …
Yes, you can use Facebook to serve a lawsuit on an out of state Defendant…Sometimes
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Lawsuit and Litigation Attorney Plaintiffs instituted this action to enjoin defendant …
When is a Lawsuit Frivolous Enough to Get A Court to Award Attorney Fees in New Jersey?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Defense Against Frivolous Lawsuit Attorney Every time a person gets sued, …
Admitting Documents Into Evidence in a Small Claims Case Without Producing the Author
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Litigation Attorney What is the legal standard and analysis required …
Online Business Reputation and Defamation Cases: Part 5 ON APPEAL
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Litigation Attorney In this 5 part series, I have discussed …
Online Business Reputation and Defamation Cases: Part 4 Breach of Contract Cause of Action: Trial Level
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Litigation Attorney In this series I have discussed a case …
Online Business Reputation and Defamation Cases: Part 3 The Defamation Cause of Action: Trial Level
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Litigation Attorney Previously in this series I discussed the dissolution …
Online Business Reputation and Defamation Cases: Part 2 Overview of Evidence and Pre-Trial Motion
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Litigation Attorney In Part 1 of our series, we learned …
Online Business Reputation and Defamation Cases: Is there a Legal Remedy for Business Reputation Defamation? Part 1
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Litigation Attorney Often landlords and tenants have problems with each …
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 …
NJ Appellate Court Upholds Arbitration Agreement in Wrongful Termination Case
By Fredrick P. Niemann, Esq., a NJ Arbitration Attorney With alternative dispute resolution becoming more and more popular, many employers and employees are …
PARTNERSHIP DISPUTES IN NEW JERSEY
Partnership Disputes are fairly common in the world of business. Trade secrets, embezzlement, conversion and business disparagement are some of the most common causes …
Arbitrator’s Judgment Regarding Construction Lien Must Be Confirmed by Court
By Fredrick P. Niemann Arbitration offers an alternative to litigation, allowing parties to present their arguments to a neutral arbitrator and allowing the arbitrator …
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