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Are Forum Selection Clauses Enforceable in New Jersey?

April 9th, 2018

Posted By

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. Read More

Categories: Commercial Litigation

Tags: Contracts, Forum Selection, Venue

New Jersey's Uniform Fraudulent Transfer Act

February 8th, 2018

Posted By

Terel L. Klein

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 Read More

Categories: Commercial Litigation

Tags: Fraudulent Conveyance, Fraudulent Transfer, Judgment Collection, UFTA

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

April 26th, 2017

Posted By

Terel L. Klein

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. Read More

Categories: Commercial Litigation

Tags: Assignment for the Benefit of Creditors, Bankruptcy, Creditor's Rights, Preference

LLC Member Disputes Under RULLCA

November 15th, 2016

Posted By

Terel L. Klein

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… Read More

Categories: Commercial Litigation

Tags: Disassociation, Dissolution, Limited Liability Companies, LLC's, Oppression, RULLCA

Using Ratification to Establish Corporate Liability

September 19th, 2016

Posted By

Terel L. Klein

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… Read More

Categories: Collections, Commercial Litigation, Uncategorized

Tags: Authority, Collections, Commercial Litigation, Corporate Liability, Ratification

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

August 25th, 2016

Posted By

Terel L. Klein

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… Read More

Categories: Collections, Commercial Litigation, Uncategorized

Tags: Actual Authority, Apparent Authority, Suppliers

Business Disputes: Avoiding Liability When Using Fictitious Names

April 27th, 2016

Posted By

Terel L. Klein

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. Read More

Categories: Collections, Commercial Litigation

Tags: Corporate Shield, Fictitious Names, Trade Names

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

February 21st, 2016

Posted By

Terel L. Klein

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… Read More

Categories: Asset Protection, Collections, Commercial Litigation

Tags: Asset Protection, Collections, Judgment Collection, LLC's, Partnerships

Limits on the Protection of a Personal Guarantee

January 8th, 2016

Posted By

Terel L. Klein

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. Read More

Categories: Bankruptcy, Commercial Litigation, Construction Litigation

Tags: Bankruptcy, Creditor's Rights, Personal Guarantee

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

July 22nd, 2015

Posted By

Terel L. Klein

Contributor: Bart J. Klein

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. Read More

Categories: Commercial Litigation, Construction Litigation

Tags: Breach of Contract, Collections, Construction, Consumer Fraud Act, Promissory Estoppel

Recent Blog Posts

Aug

Pay When Paid v. Pay if Paid in New Jersey

August 24th, 2018

The key to differentiating between the two types of payment clauses is whether or not the language in the payment provision is absolutely clear that the risk of nonpayment is being transferred downstream... Read More

Jun

Docketing a Foreign Judgment in New Jersey

June 11th, 2018

In New Jersey, the Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25 et seq., dictates the procedure for docketing an out of state judgment, referred to as a “foreign” judgment, in New Jersey. Read More

May

New Jersey’s Construction Lien Law Interpreted in Recent Appellate Division Opinion

May 25th, 2018

The opinion in NRG REMA, LLC, et al. v. Creative Environmental Solutions Corp., addresses two important issues relating to the Construction Lien Law. Read More

Meet Our Attorneys

Bart J. Klein

Bart J. Klein is the Managing Partner and the founder of the Law Office of Bart J. Klein. Mr. Klein’s more than three decades of legal experience informs his analysis of all client issues and concerns. After beginning his career practicing in t…

Terel L. Klein

Terel L. Klein’s practice is focused on civil and commercial litigation. He has varied experience in a broad array of practice areas, including construction litigation, estate litigation, appeals and criminal defense. Upon graduation from law…

Alex W. Klein

Alex W. Klein is Of Counsel to the firm. The focus of his practice is landlord-tenant proceedings, civil litigation, commercial disputes, and labor and employment law. Mr. Klein also has extensive experience representing corporate and individual cl…

Julian Helisek

Julian Helisek’s practice focuses principally on general commercial litigation matters. He represents plaintiffs and defendants in business disputes from inception through trial and appeal, and has appeared in numerous state and federal court…

Contact Us

Law Office of Bart J. Klein

2066 Millburn Avenue
Suite 101

Maplewood, New Jersey 07040

Phone: (973) 763-6060

Fax: (973) 763-6090

Email:

Law Office of Bart J. Klein

By appointment only

621 Shrewsbury Avenue

Shrewsbury, New Jersey 07702

We represent clients and appear in courts throughout the State of New Jersey, including the counties of Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union and Warren.

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» Commercial Litigation

Are Forum Selection Clauses Enforceable in New Jersey?

New Jersey's Uniform Fraudulent Transfer Act

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

LLC Member Disputes Under RULLCA

Using Ratification to Establish Corporate Liability

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

Business Disputes: Avoiding Liability When Using Fictitious Names

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

Limits on the Protection of a Personal Guarantee

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

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Meet Our Attorneys

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