Business Law and Litigation

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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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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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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Do New Jersey Courts Hate Arbitration Clauses?

Arbitration clauses are often used by businesses as part of their comprehensive risk management program. Properly employed, they are enforceable and lead to quick and cost-effective resolutions of disputes with business partners and customers. Improperly employed, or used under abusive circumstances, their use can result in exactly what the clauses were used to avoid -...
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Is Your Exculpatory Clause Worth the Paper it’s Written on?

Today, in an unpublished decision, a New Jersey appellate court held that an overbroad exculpatory clause contained in a fitness services agreement was unenforceable. For those who don’t know or who otherwise live under a rock, exculpatory clauses are everywhere. I signed one basically every time my kids went to a birthday party. Businesses use...
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New Jersey Supreme Court Delivers Possible Death-Knell for TCCWNA Class Actions

Since around 2011, New Jersey businesses such as self-storage facilities, fitness centers and furniture stores have faced an ever-growing number of class-action complaints under the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) seeking statutory penalties of $100 per customer and attorneys’ fees. The typical case demanded that every customer that entered into a...
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Volatility: And it’s Not Just In The Market!

Investors often routinely place their trust in their investment advisor, or broker, especially when markets are climbing high. When market volatility surfaces which results in losses across the board, many investors are unaware of the impact their financial advisor might have played in contributing to their accounts nose-diving in tandem with the market drop. It is...
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New Legislation to Protect Transgender Students

It is estimated that there are approximately 14,000 transgender students in New Jersey’s K-12 schools across every county in the state. In July 2017, Governor Chris Christie signed legislation that promotes equality and inclusion towards transgender students in New Jersey Schools. This new law will enhance the New Jersey Law Against Discrimination’s (LAD) prohibition...
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The Sirens of Business Litigation and a Company’s Need for Litigation Avoidance Practices

In the competitive nature of business and industry the “Sirens of Litigation” are encountered during the lifespan of many companies and firms. However, the enticement of pursuing such business disputes can come at a significant expense to any company. The financial cost surfaces in attorney fees, expert witness or consultant fees, and court fees. The...
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