In March 2020, in response to the COVID-19 pandemic, the U.S. government expeditiously signed into law historic, temporary measures to provide certain employees mandatory paid sick and family leave if the leave was related to particular COVID-19 related absences from work. The FFCRA’s original qualifying reasons included leave for an employee who is: subject to a […]

Arbitrability is whether or not a dispute should be resolved in a Court of Law, or by an Arbitrator. But why is it important who makes the decision of arbitrability? Some attorneys believe that an Arbitrator is more likely to decide in favor of Arbitrability rather than a Judge. Whether or not this belief is […]

Coronavirus and the governmental response to the pandemic will certainly result in the nonperformance of business contracts. Is there any relief from such a breach of contract? What is Force Majeure? Some contracts in themselves contain a Force Majeure (French for “superior force”) clause which may excuse nonperformance of a contract. A Force Majeure clause […]

A New Jersey Annual Report is a yearly document that nonprofit and profit-based corporations must file. In addition, Limited Liability Companies (LLCs) and Limited Liability Partnerships (LLPs) must file the same report. The content of the report outlines the status of an organization. The main reason for filing annual reports for your company is to […]

Finding a Resolution through Arbitration When shopping for a new car, many consumers depend on “Lemon Laws”— the laws and regulations put in place to protect individuals purchasing motor vehicles—as a safeguard. However, there are certain situations in which individuals cannot seek help from the courts to settle motor vehicle purchase disputes. For instance, some […]

A “minority oppression claim” under New Jersey law has historically been tailored specifically for a minority shareholder who is suffering from oppression at the hands of majority shareholder(s) of a close corporation (i.e. less than 25 shareholders).  New Jersey’s minority shareholder statute provides a panoply of possible relief to remedy such problems including an award […]

On Monday, March 18, 2019, Governor Murphy signed into law PL2019 Ch 39 prohibiting certain wavier and nondisclosure provisions in employment contracts and settlement agreements. The law prohibits the waiver of any “substantive or procedural right or remedy relating to a claim of discrimination retaliation or harassment.” If an agreement contains such a clause that […]

On October 17, 2018 the Appellate Division decided Flanzman v. Jenny Craig. With its opinion in Flanzman the Appellate Division has continued the recent trend in New Jersey Courts of invalidating arbitration agreements. The Plaintiff had been employed by Jenney Craig for 26 years. At some time during her employment she was required to sign […]

In 2015 our New Jersey Supreme Court created a new path for business disputes and commercial litigation. The Complex Business Litigation Program (CBLP) was instituted throughout the trial division of the court system.  The CBLP required each county to appoint a “business judge” to supervise, manage and adjudicate commercial and business cases, as well as […]

On August 1, 2018 in an important decision on the scope of expert opinions, the New Jersey Supreme Court excluded plaintiff’s expert testimony in a mass tort case alleging that the pharmaceutical giant Hoffmann-La Roche’s anti-acne drug Accutane led to development of Crohn’s disease. The case is entitled: In Re: Accutane Litigation. The unanimous ruling […]