Today, the United States Supreme Court in South Dakota v. Wayfair, Inc., decided that a state may require an out-of-state seller with no physical presence in that state to collect and remit sales tax. In doing so, the Court overruled fifty years of precedent. In the past, the Court held liability to collect and remit […]

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 […]

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 […]

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 are […]

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 […]

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 – […]

Today, in an unpublished decision, a New Jersey appellate court held that an overbroad exculpatory clause contained in a fitness services agreement was unenforceable.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 […]

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 […]

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 […]

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 […]