Senator Marco Rubio recently introduced the Freedom to Compete Act. This proposed law would prohibit employers from entering into or enforcing non-compete agreements with lower level employees while simultaneously protecting employers’ trade secrets. Non-Compete Agreements Non-compete agreements are binding contractual restrictive covenants which limit an employee’s ability to compete…
Articles Posted in Business Law
Fiduciary Duties: Rights and Obligations to Fellow Owners
The Benefits and Responsibilities of Ownership Becoming the owner of a business has tremendous advantages: Owners can rise or fall based on their own merits, and when expenses are paid the remaining profits belong to the owners. However, there are also disadvantages, such as the risk that the business will…
Thank You, National Enquirer, For Showing Us How Not to Negotiate
Earlier this year the Enquirer published an embarrassing story with text messages and photos of Jeff Bezos, the owner of Amazon and the richest man in the world, with his mistress. Bezos also owns the Washington Post, which has investigated the Enquirer’s relationship with President Trump, and published critical stories…
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…
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…
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…
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…
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…
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…
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…