» Commercial Litigation

Are Forum Selection Clauses Enforceable in New Jersey?

Forum selection clauses are generally enforceable in New Jersey. In New Jersey, the enforceability of forum selection clauses is governed by requirements of notice and reasonableness.

New Jersey's Uniform Fraudulent Transfer Act

If a judgment debtor has intentionally placed money or assets outside of your reach with the purpose of preventing you from collecting your judgment you may have recourse against the debtor under the Uniform Fraudulent Transfer Act

Assignment for the Benefit of Creditors - Defenses to Preference Suit By an Assignee

When our clients are sued by an assignee it is often because our client’s former customer has made an "assignment for the benefit of creditors" authorizing a person or entity to sue our client to obtain payments the customer made to our client.

LLC Member Disputes Under RULLCA

Options for Resolving LLC Member Disputes in New Jersey When establishing a business with partners, sometimes family or friends, the termination or deconstruction of the business is often not a primary area of focus. However, business relationships o…

Using Ratification to Establish Corporate Liability

Establishing Liability for An Unauthorized Order In a prior post, we looked at the issue of authority and how it can be used as a basis for a customer to challenge their obligation to pay in a business dispute involving collection of payment for good…

Steps a Supplier Can Take to Protect Itself From an Unauthorized Purchase Defense

Breach of Contract Claims Can Be Complicated By Poor Record Keeping Some of our firm’s longest standing clients are suppliers of building materials who extend credit to contractors, both large and small. As business dispute attorneys, we regularly…

Business Disputes: Avoiding Liability When Using Fictitious Names

If a business is too careless in its use of a fictitious name or trade name, its agents can be exposed to liability when they would otherwise be protected by the corporate shield.

LLC and Partnership Interests: Aid to Asset Protection, Obstacle to Judgment Creditors

New Jersey LLC’s and Partnerships Can Protect Assets and Impede Judgment Collection Viewed from the perspective of asset protection or judgment collection, New Jersey’s Revised Uniform Limited Liability Company Act (“RULLCA”) is an import…

Limits on the Protection of a Personal Guarantee

Many of our clients require the unconditional personal guarantee of a company owner before entering into a contract. A personal guarantee is a good way to protect against the risk of default, but it is important to understand its limitations.

Want to Get Paid? Get It In Writing - Construction Attorneys

As construction attorneys, we frequently encounter clients who perform residential construction work based upon a handshake...By failing to document the modification of contract terms in writing, a contractor exposes himself to liability.

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