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Insurance Awareness: Every Company Needs to Know What It Is Insured For

Business insurance is an integral part of any game plan for a company’s success.  It helps to limit financial liabilities such as lengthy and costly litigations, and also provides avenues for recovery in the event of an unforeseen property loss.  However, business insurance will only work if it is properly designed, effectively implemented and constantly...
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Veterans Diversion Program

Recently, the New Jersey Legislature created a Statewide Veterans Diversion Program which solely empowers the County Prosecutors Office to divert an eligible "servicemember” charged with certain crimes from traditional means of prosecution into rehabilitative treatment. N.J.S.A. 2C:43-26 defines a “servicemember” as any “veteran or enlisted person of the United States Armed Forces, or a reserve...
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Arbitration May Be Required in Auto Service Contracts or Extended Warranty Agreements

Recently, the New Jersey Appellate Court has upheld as valid an arbitration provision in an automobile service contract case which emanated from Burlington County, New Jersey.  It involved a purchaser of a used Ford F-250, with a separate service contract from a warranty company from Pennsylvania covering repairs for 180 days or 7,500 miles (Signor...
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Supreme Court Decides Individualized Arbitration Enforceable

Yesterday, the United States Supreme Court decided Epic System Corporation v. Lewis and two other companion cases Ernst & Young LLP, et al. v. Morris, et al. and National Labor Relations Board v. Murphy Oil USA, Inc. et. al. holding that contracts between an employer and an employee which provide for individualized arbitration proceedings...
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The Dangers of Unconscious Bias

On May 29th, 2018 coffee giant Starbucks will close 8,000 stores for the afternoon in order train about 175,000 employees on bias. This was the aftermath of a recent incident in Philadelphia in which 2 African American males were waiting for a friend in Starbucks. During that wait, they were not permitted to use the...
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When performing the contract isn’t enough: lessons in the doctrine of good faith and fair dealing

Under ordinary contract law, all the parties’ obligations to each other will exist within the four corners of the agreement, pursuant to their “freedom to contract.” However, implied in every contract is a duty of good faith and fair dealing, both in the performance of the contract and in its enforcement. It’s a strange way...
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