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Articles Posted in Business Law

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New Jersey Solid Waste Transportation: NJDEP Regulations

New Jersey solid waste transportation is highly regulated by the New Jersey Department of Environmental Protection (“DEP”). While most businesses in New Jersey require some level of regulation, licensing, and/or registration, garbage hauling is a particularly scrutinized industry. Part of the authorization process (and ongoing regulation) of solid waste transporters…

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Employees’ Duty of Loyalty, Competition and Customer Lists

Some of the areas in which businesses make their largest investments of time and expense are trade secrets (including customer lists) customer relations and client development, and employee development.  However, these interests may conflict, especially when highly placed employees leave a firm.  This is an area of potentially bitter dispute…

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New Jersey Supreme Court Clarifies Rules on Business to Business Consumer Fraud

New Jersey’s Consumer Fraud Act provides some of the strongest consumer protections in the United States.  These protections have long been extended to consumers which are business entities.  It is one of the strongest of New Jersey’s business law.  However, the parameters of when a business, as opposed to a…

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New Jersey Contract Law Provides Remedies to Third-Party Beneficiaries

Very often, a person or business will want to confer a benefit on a third party but will not be able to do so itself, for a variety of reasons.  So then, to make sure the benefit will be conferred, it will enter into a contract with a person or…

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New Court Rules Streamline New Jersey Business Litigation

New Jersey’s Supreme Court adopted new rules which became effective September 1, 2018. These rules amend New Jersey’s Rules of Court to make the litigation of complex business law matters more efficient. This article discusses some of the major changes the new rules have brought about. Background In 2000, the…

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Key Documents and Considerations when Purchasing a Franchise in New Jersey

Before you enter into an agreement to purchase a franchise, it is vital to review and understand the documents you are being required to sign. You will be required to execute the following documents: 1) The Franchise Disclosure Document, previously known as the Uniform Franchise Offering Circular, provides information regarding…

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Protecting Business Information Under the New Jersey Trade Secrets Act and With Confidentiality/Non-Disclosure Agreements

Businesses entering into negotiations with other businesses or persons often need to give the other party confidential information.  For example, a business will need to give a potential buyer information regarding its revenue, expenses, customers, formulas, payroll, vendors, and pricing so that the potential buyer can formulate an offer during…

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The Extent of State University’s Immunity from Local Governance

Montclair State University has spent the last decade or so trying to obtain approval from the County of Passaic and the City of Clifton to construct a roadway which would intersect with a county road. Both the County and the City raised concerns about the proposed development and Montclair State…

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Sports Gambling in New Jersey

New Jersey has been trying to legalize sports betting for years. One of the primary hurdles for that legalization has been the federal Professional and Amateur Sports Protection Act (PASPA).  That law, enacted by Congress in 1992, make it unlawful for a government entity to authorize, operate, etc., gambling on…

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The Use of Custom and Usage in Interpreting Commercial Contracts Under New Jersey Business Law

Enforceable contracts are the bedrock of a strong economy. If contracts were not enforced, parties could not rely on the other side performing because there would be no remedy if they breached. Therefore, commerce would break down. Enforceable contracts are so important to the economy, in fact, that the freedom…

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