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Articles Posted in Business Law

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New Jersey Supreme Court Issues Landmark Decision on Statute of Limitation in Construction Defect Cases

The New Jersey Supreme Court recently issued an important decision in the case of Palisades At Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, defining when the statute of limitation will begin to run  in construction defect litigation.  This decision is now the defining law on the timeliness…

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Third Circuit Issues Important Wage & Hour Decision

Wage and Hour Laws Governing New Jersey Workplaces The Fair Labor Standards Act is the federal law which, along with the Wage and Hour Division of the United States Department of Labor’s regulations found in the Code of Federal Regulations, governs overtime and minimum wage requirements.  The Fair Labor Standards…

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Solid Waste Transportation: Violations of NJDEP Regulations and Laws

There is a large and complex body of laws which restrict and regulate the of waste transportation businesses in New Jersey.  Indeed, New Jersey has arguably the most stringent requirements and restrictions on the solid waste industry in the country.   The New Jersey Department of Environmental Protection (“NJDEP”) has…

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Fiduciary Duties Owed by Owners of Limited Liability Companies Under New Jersey Business Law

New Jersey has followed the national trend in creating the “limited liability company,” (known as “LLC”),  as an allowable form of business entity under New Jersey business law.  The LLC combines the best elements of both a corporation and a partnership.   The Limited Liability Company A (Limited liability company…

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Void Contracts, Voidable Contracts and Severability under New Jersey Contract Law

New Jersey business law allows people and businesses to manage their relationships by entering contracts which define the terms of that relationship.  Contracts are enforceable by the full force of the law.  For instance, if one party owes another money under a contract but doesn’t pay, the wronged party can…

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The Covenant of Good Faith and Fair Dealing Under New Jersey Contract Law

Contracts Under New Jersey Business Law Under New Jersey business law, when two or more parties enter into a contract they are essentially writing their own law which will govern their relationship.  A valid contract – one where each of the parties exchange value (“consideration”) and agree to the terms…

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New Jersey’s Statue of Frauds Limits Oral Contracts

As a general rule, oral contacts in New Jersey are enforceable – not that they are recommended; indeed.  Our attorneys, we always recommend that contracts be in writing because they are easier to prove and leave less room for misunderstandings.  However, if you can prove the terms of an oral…

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Confidentiality Privileges in Internal Employer Investigations

An attorney-client relationship involves the reasonable reliance by an individual (the client) on the professional knowledge and/or skills of an attorney who is aware of and accepts responsibility for that reliance.  While a written agreement is not required for this relationship to exist, there must be some mutual understanding, consensus,…

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Fiduciary Duties and the Business Judgment Rule: Bad Judgment Without Bad Faith Does Not Create Liability for Directors, Officers and Owners

Our attorneys represents businesses and the people who own and run them.  One source of significant conflict in New Jersey business law are the fiduciary duties of the directors, officers and owners of businesses. New Jersey business law imposes fiduciary duties on a company’s directors and officers.  This also applies…

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New Jersey Supreme Court Issues Opinion on Fraudulent Conveyance

New Jersey’s Uniform Fraudulent Transfer Act, often referred to as the “UFTA,” is designed to protect creditors from debtors who transfer assets to avoid paying their debts.  New Jersey’s Supreme Court recently issued a landmark decision on the UFTA. In the case of Motorword, Inc. vs. William Benkendorf, et al.,…

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