Business Law and Litigation

What Alternatives Do Business Clients Have to “Hourly Rate” Billing for Legal Fees?

Law firms operate in an aggressive marketplace, just like all other companies and professionals. However, lawyers understand business clients are continually challenged to manage their legal fees and costs. While acknowledging that legal costs, for litigation or otherwise, can be viewed as a necessary “cost of doing business,” it is an expense that companies constantly...
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New Jersey Continues to Chip Away at Mandatory Arbitration Provisions

What Employers Must Consider When Drafting Agreements On August 11, 2017, the Appellate Division of the New Jersey Superior Court decided Dugan v. Best Buy Company Incorporated. In that case, as in a series of recent cases, the Appellate Division struck down an arbitration policy instituted by the Defendant to be used by its employees. In...
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Supreme Court Rules on ‘Forum Shopping’ for Jurisdictions

Court Continues Trend of Restricting Venues Available to Plaintiffs On June 19, 2017, the United States Supreme Court decided the case of Bristol-Myers Squibb (BMS) v. Superior Court of California San, Francisco County, et al. The Court’s decision in BMS represents another in a string of decisions limiting the concepts of general and specific jurisdiction...
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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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