Business Archives

Avoiding Avoidance, an article by Michael Connolly, Esq.

On January 12, 2023

What To Do When You Receive a Letter Demanding That You Pay Back Money Previously Received from a Client That Has Since Filed for Bankruptcy In good economic times and bad, business owners face a dynamic range of concerns. One for example, their customers may file for bankruptcy, or have in fact, filed for bankruptcy. […]

As featured in NJ Defense Association Winter 2023 Newsletter

On January 4, 2023

Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the New Jersey Law Against Discrimination prohibit harassment and discrimination in employment against enumerated legally protected classes. These protected classes include both disability and religion. The laws further mandate employers to attempt to provide employees with “reasonable accommodations” for either […]

FIRM LISTED AMONG U.S. NEWS & WORLD REPORT’S 2023 BEST LAW FIRMS

On November 9, 2022

The law firm of Davison Eastman Munoz Paone, P.A. was recognized among the Best Law Firms, 2023* by U.S. News & World Report in three (3) of the firm’s practice areas: Litigation – Real Estate Commercial Litigation Real Estate Law “This is an honor for all of us, attorneys and the entire staff.” advised Managing […]

The Subway Tuna Fish Fiasco

On August 17, 2022

In early 2021, two Plaintiffs filed a class action lawsuit against Subway Restaurants, alleging that Subway’s tuna products do not contain tuna, thus committing fraud. After widespread media reports, but before Subway could respond, the Plaintiffs amended their complaint and changed their story. Instead of claiming that tuna products do not contain tuna, Plaintiffs then claimed […]

Can a Franchisee be Considered an Employee of the Franchisor in Massachusetts?

On May 14, 2022

7-11 and its franchisees are at it again. This time in Massachusetts. On March 24, 2022, in Patel v. 7-Eleven Inc., the Supreme Judicial Court of Massachusetts [1] held that it is possible for a franchisee to be considered an employee of a franchisor. This issue affects whether franchisees are covered under worker protection laws […]

Do Employment Laws Apply to Franchisees of 7-Eleven? – Doubtful

On December 20, 2021

On December 8, 2021 the Massachusetts Supreme Judicial Court heard oral arguments in a case(1) where 7-Eleven franchisees claimed they were actually employees under Massachusetts law. If the 7-Eleven franchisees were employees, then franchisees would be entitled to the protections of Massachusetts employment laws. Starting in federal district court, a putative class of franchisees sued […]

Business Law Ethics Discussion — WestEd CLE

On December 7, 2021

James A. Paone, II and his partner Jay McGovern are proud to present New Jersey Ethics, a roundtable discussion for WestEd. The program covered a variety of topics including the workings of the ethic system with practice pointers and an interactive discussion of how the system works and how to navigate the system. They also […]

Hospitality Franchising in NJ – Proposed New Law

On December 4, 2021

Identical bills pending in the New Jersey Legislature propose major changes to the Franchisor – Franchisee relationship in the hospitality industry. Among the provisions of S3762 and A2682 are the following: a. Non-competition agreements for locations outside the county of the franchise location are limited to six months duration. This proposed change would not preclude […]

Proposed New Hospitality Law in New Jersey Sneaks Franchising Into the Consumer Fraud Act

On December 4, 2021

New Jersey has separate laws regulating the franchise industry and consumer practices. These are the “Franchise Practices Act” (N.J.S.A. §56:10-1, et seq.) and the “New Jersey Consumer Fraud Act” or “NJCFA” (N.J.S.A. §56:8-1, et seq.). Courts have held that franchising is not included under the NJCFA. Reasons include that franchising is a business relationship rather […]

Words Matter

On October 20, 2021

Microgem v. Homecast. Homecast was represented by Alan L. Poliner. When the U.S. switched from analog TV to digital TV, analog sets would become useless for over the air television unless a Set-Top Converter was used. The U.S. had a program for every household to get a coupon for $40 to purchase a Set-Top Converter. […]

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