Life can change in a matter of moments. As my mother always says: “An ounce of prevention is worth more than a pound of cure.” Benjamin Franklin may also have been known to utter the phrase once or twice, but still, I’ll give credit to my mom. Preparation is key whether you’re talking to your
New Jersey Law Blog
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Proper Representation is Worth the Dough: Jung v. Fred’s Bagels LLC
A recent Appellate Division decision highlights the risks faced by commercial landlords who do not retain proper counsel to protect their interests. In Jung v. Fred’s Bagels LLC, the Appellate Division affirmed the trial court’s dismissal of a landlord’s complaint for possession of leased commercial space.
Plaintiff landlord leased space to defendant for operation…
Road to Safe Harbor: Implementation of Repeat Infringer Policy Necessary for DMCA Safe Harbor Protection from Copyright Infringement Liability
In the cloud-based age where numerous tech giants such as Google, Amazon, and Apple have launched cloud music services, many kept abreast of ongoing legal battles over online service providers’ liability for users’ music copyright infringement offenses using their platforms and what internet service providers must do to avoid contributory infringement liability. Case in point…
The Fight for Red: Fashion Statement or Protected Trademark?
Louboutin v. YSL
Christian Louboutin (“Louboutin”), the designer of the famous red bottom shoes, filed a trademark infringement lawsuit against fashion house Yves Saint Laurent (YSL) claiming YSL infringed on its red sole trademark (the “Red Sole Mark”) by selling a monochrome dress shoe that was entirely red, including a red insole, heel, upper, and…
High Stakes: What to do Now That Your New Jersey Cannabis Business Application Has Been Approved by the CRC
If your conditional, conversion, microbusiness, or annual application has been approved by the Cannabis Regulatory Commission, congratulations! You have cleared the first major hurdle in obtaining a cannabis license in New Jersey. As advisors and legal counsel to a handful of successful applicants who have obtained conditional and annual approvals in each available class of…
10 Retailers to Watch for a Bankruptcy Filing in 2023
Welcome to 2023! The new year holds much anticipation. The Fed rate hikes have slowly started to reduce inflation, yet prices remain high. Unemployment figures persist at record lows, despite many large employers cutting back. Continuing supply chain issues persist as China reopens in the face of its COVID crisis. And consumer spending is tightening…
The Acronyms of Divorce Part III – PEP (Parent Education Program)
After a Family matter is started, and the parties have children under the age of 18, they will be ordered to attend the Parent Education Program. This takes place either at the Courthouse, or via a remote session, depending on the county in which the divorce is taking place. Attorneys do not attend this session.…
Equal Pay, Pay Transparency, and Job Postings: What Employers Need to Know Now
When it comes to pay practices, employers are accustomed to being told by federal, state, and local legislators what to do. DON’T engage in discriminatory pay practices. DO pay overtime when required. DO pay minimum wage. DON’T pay under the table. DO pay employees equally for equal work. DON’T ask applicants or employees their salary…
Ambiguities in a Will – The Doctrine of Probable Intent
In rare instances, during the administration of an estate, there might arise an ambiguity within the language of the decedent’s Last Will and Testament as to how the decedent wished to dispose of his property pursuant to his Will. Should that occur and the beneficiaries are unable to resolve that issue, a Court will be…
What Is A Special Master? Former President Trump Filed Motion Seeking the Appointment of a Special Discovery Master
Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special master is, the legal standard for the appointment, and the likelihood that a special master will be…