Business Law and Litigation

Crossing the Line: When Does Competition in Business Become “Unfair”?

In the business arena it is readily understood that open competition is healthy where it is unrestricted and subject to free rein. It is theoretically anticipated to stimulate macro and micro-economic growth.  Competition in a laissez-faire marketplace is expected to increase supply and lower price points, consequently affording consumers and purchasers with option variety for...
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When The Marriage is Over: Disassociation and Expulsion of a Member From a Limited Liability Company

Business “partnerships,” like marriages, always begin with dreams of a long, happy life together. Unfortunately, they too often end in acrimony, in-fighting and ultimately dissolution. In the business context, specific to closely held entities and smaller limited liability companies, New Jersey law provides for resolution of such disputes without ringing a death knell for the...
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New Decision: Failure to Pay Arbitration Fees Voids Arbitration Agreement

On March 9, 2017, the New Jersey Supreme Court issued a unanimous decision holding that the failure to advance arbitration fees, as required in an arbitration agreement, voids the arbitration agreement and renders it unenforceable. The case Roach and Jackson v. BM Motoring, LLC at al. is the first time the Supreme Court has taken...
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The Wisdom of Internal Insurance Reviews for Your Business

Most people make the effort to schedule or conduct regular “audits” of aspects of their life whether it be personal finances, physical fitness, estate planning or otherwise. That discipline should also be adopted for an individual’s insurance needs. All too often people, whether in their personal life or for their business or company, obtain insurance...
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Dispute Over Management Agreement Does Not Mandate Owner’s Expulsion From the Company

In a recent decision the Supreme Court of New Jersey determined that under New Jersey’s Limited Liability Company Act (“Act”), a dissenting owner who does not agree with proposed terms of a management agreement cannot be expelled from the company for that reason.  Subsection 3(c) of the Act empowers a court to enter a...
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The Current Dispute Regarding Harassment

The suit against Roger Ailes sheds light on recent developments regarding the scope of arbitration provisions in the State of New Jersey. Fox News anchor Gretchen Carlson filed suit against Roger Ailes, Chairman of Fox News, for alleged sexual harassment in the workplace.  She chose to file her suit in State Court in New Jersey.  Subsequently,...
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Practice Alert – Metadata To Be Addressed in New Jersey’s Rules of Professional Conduct and Civil Discovery

New Jersey practitioners and litigants should be on alert: metadata is coming soon to rules governing professional conduct and civil discovery near you.  On April 14, 2016, the New Jersey Supreme Court announced in an administrative determination that it will be adopting the recommendations made in the September 14, 2015 Report of the...
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Broker Trading Misconduct: The Case for “Unsuitability” and Misrepresentations

This article is authored by Timothy Lyons with the assistance of John Marinan, Esq. Investments and securities trading are carefully regulated by various governing authorities, primarily for the purpose of protecting investors.  The violation of such regulations, particularly through various deceptive actions and schemes to cheat or take advantage of investors, is commonly known as securities...
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Broker Trading Misconduct: The Case for Account “Churning”

This article is authored by John Marinan, Esq. with the assistance of Davison, Eastman and Muñoz Partner Timothy D. Lyons, Esq. A form of fraudulent stock broker activity called “excessive trading” or “churning” may contribute to high commissions, low overall returns, unmanaged margin interest costs, and “break-even” percentages that exceed a reasonably accepted historical rate of...
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