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.
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
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.
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…
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…
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…
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.
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…
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.
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.