Business & Commercial Law
New Jersey Law Blog
FTC Bans Employment Non-Competes Nationwide
Posted in Business & Commercial Law, Business & Corporate, Employment Law, Franchise, Legal Updates
After a year of uncertainty, the FTC has issued a Final Rule banning employment non-competes nationwide. The Commission has determined that non-competes themselves constitute an unfair method of competition in violation of Section 5 of the FTC Act. Citing to wage suppression, stifling innovation, and inhibiting start-up creation as factors,… Continue reading
Commercial Foreclosures in Pennsylvania: How Deal Formation Impacts Litigation
Posted in Business & Commercial Law, Litigation, Pennsylvania Law Monitor
The fact that commercial transactions can very easily become complex is not a novel statement. When financial institutions lend money to commercial entities, the basic documentation required to evidence the loan, promise to repay, and perfect security interests in any collateral is a measurable amount of paperwork. When the specifics… Continue reading
Don’t Let Your LLC Expire: LLC Owners Should Check Formation Documents to Confirm Perpetual Duration
Posted in Business & Commercial Law, Business & Corporate
When the New Jersey Limited Liability Company Act originally went into effect in January 1994, the Internal Revenue Service required that a limited liability company have at least a majority of the characteristics of a partnership in order to be taxed as a partnership rather than a corporation. The IRS… Continue reading
The Corporate Transparency Act and Reporting Requirements
Posted in Business & Commercial Law, Business & Corporate
Current as of 1/2/2024 On January 1, 2024, the Corporate Transparency Act, 33 U.S.C. §5336, (the “CTA”) took effect and strict compliance must be met by all entities and individuals to which it applies. The CTA adds reporting requirements for particular beneficial owners in various entities. The CTA’s primary goal… Continue reading
The Significance of Title Insurance in Real Estate
Posted in Business & Commercial Law, Real Estate
If you have experienced the process of purchasing or selling real estate, it is likely that you have come across the phrase “clear title.” The concept of clear title is two-fold. Clear title deals with the property itself, referring to title that is free from liens, encroachments, or additional issues… Continue reading
Electronic Signatures in Securities Transactions
Posted in Business & Commercial Law, Investment Management & Securities
As we continue to assist Advisors during examinations conducted by the United States Securities and Exchange Commission (the “SEC”), we have noticed questions related to the Advisors’ use of electronic signatures. Earlier this week, we provided guidelines for Advisors using electronic signatures in securities transactions. The legality of electronic signatures… Continue reading
To Sign or Docu-Sign, That is the Question
Posted in Business & Commercial Law, Investment Management & Securities
On November 17, 2020, the U.S. Securities and Exchange Commission (the “SEC”) adopted amendments to Rule 302(b) of Regulation S-T that permits individuals to sign the signature page or other document (“Authentication Document”) with an electronic signature. The amendment allows flexibility in complying with the Authentication Document requirements by providing… Continue reading
Franchisor Beware: Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge
Posted in Business & Commercial Law
Federal trademark registration is the Holy Grail for companies, especially franchises, looking to expand their footprint and access a national audience. But even though trademark registration confers on owners certain exclusive rights and benefits, such as constructive national notice of use, protects against registration of confusingly similar marks, provides notice… Continue reading
Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right
Posted in Business & Commercial Law
On May 23, 2022, the U.S. Supreme Court, in a unanimous decision, decided Morgan v. Sundance, Inc., No. 21-328, in favor of an employee who sued her employer, a Taco Bell franchisee, for wage theft. The Court concluded that waiving arbitration rights does not require a showing that the party seeking to have… Continue reading
Non-Disparagement Clauses in Employment Contracts Still Valid Under New Jersey Law
Posted in Business & Commercial Law
Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. It was only a matter of time before New Jersey courts began passing judgment on the March 18, 2019 amendment to the New Jersey Law… Continue reading
