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.,…
New Jersey’s Law Against Discrimination (the “LAD”) makes it unlawful to discriminate against someone on the basis of race, age, nationality, gender, religion, sexual orientation and several other specifically protected groups. While this covers an array of relationship scenarios, it is often applied in the context of an employment relationship. Any…
In a business dispute, a prevailing party is awarding damages awarded damages it can prove, typically awarded lost profits. The “New Business Rule,” however, has traditionally including recovery of lost profits for “new” businesses, because their lack of a track record makes estimating lost profits too speculative. The is a…
The General Equity Part of the Chancery Division of the Superior Court of New Jersey has the ability to grant “equitable” relief in addition to money damages, making it a desirable venue for business dispute. Where a New Jersey lawsuit is heard is determined by New Jersey’s Rules of Court. …
“Legal” and “Equitable” Remedies in New Jersey Courts Business litigation involves a claim that one party caused business harm to another, and sometimes counterclaims that each side caused the other harm. At the end of the case, if a court (whether a judge or jury depending on the facts and…
The New Jersey Department of Environmental Protection (“NJDEP”) regulates, monitors, and enforces a wide range of environmental laws throughout the State, including things such as the transport and disposal of solid waste. The State Legislature and the NJDEP have enacted numerous laws, rules, regulations, and reporting requirements for waste transporters in…
Our employment law department represents private sector employers and public and private sector employees. One of the most prevalent claims we see is age discrimination in the workplace. Age Discrimination Laws Age Discrimination is illegal under both state and federal law. New Jersey employment law prohibits this under the…
New Jersey heavily regulates the transportation and disposal of solid waste (garbage) and recycling. These activities are governed by New Jersey’s Solid Waste Management Act. It is also governed by regulations promulgated by New Jersey’s Department of Environmental Protection (known as the DEP). The Appellate Division of the Superior Court…
Our bankruptcy attorneys represent debtors and creditors in New Jersey in Chapter 7, 11, or 13 bankruptcies. Recently, a Bankruptcy Court within the Third Circuit had the opportunity to clarify the cap placed on landlords’ bankruptcy claims under 11 U.S.C. 502(b)(6). In the case of In re Filene’s Basement, LLC,…
A nonprofit organization (“Nonprofit”) is an entity which puts its surplus revenue back into the entity, dedicating those funds to further the goals of the organization, as opposed to paying profits to owners or shareholders. Oftentimes Nonprofits are formed for a public welfare cause or interest or to advocate a…