An individual purchased property that was being used as a two-family home. The plan was to continue such use, but the individual soon discovered that the house did not comply with the bulk requirements in the zone. He applied for applicable variances from the Zoning Board and was granted the requested variances. The Board found that since the property had a lengthy history of being used as a two-family house, accompanied by the fact that the home was compatible with the surrounding properties, the variances was justified.
An individual objected to the granting of the variances, and appealed the decision of the Zoning Board to the NJ Courts. The Court upheld the Board’s decision, allowing the variances to be granted and the two-family house to continue operating as such. NJ Courts often give deference to the Zoning Board’s decisions and here was no exception. The Court found nothing wrong with the granting of the variances and stated that the Master Plan envisioned a variety of housing in that particular zone and throughout the borough. The Court also cited the fact that two-family homes were allowed in the zone already as a conditional use.
Contact me personally to discuss your NJ Zoning matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or email me at fniemann@hnlawfirm.com.

The New Jersey Trade Secret Act reduces the statute of limitations for cases involved trade secret claims.  The act reduces to three years from discovery of unauthorized access, use or disclosure, from six years under prior New Jersey law.   The Act also distinguishes levels of misappropriation and focuses its remedies accordingly. For a willful and malicious misappropriation, a court may impose an injunction and punitive damages.   For exceptional circumstances or circumstances involving innocent receipt of misappropriated trade secrets, a court may impose a lighter penalty.

Finally, the Act, unlike the New Jersey common law, allows a party to a lawsuit to recover its reasonable expert fees if the misappropriation is willful or malicious or in bad faith.  Expert witness fees can be particularly expensive in trade secret litigation due to the fact that damages are often complicated to calculate.  It is clear that the New Jersey legislature intended to make the recovery of expert witness fees available for qualified trade secret litigants.

Contact me personally today to discuss your New Jersey business matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.

New Jersey courts will not enforce contracts that it finds violate public policy.  “No contract can be sustained if it is inconsistent with the public interest or detrimental to the common good.

However, in an employment context courts have traditionally been reluctant to not enforce a covenant not to compete.  Thus, courts have upheld covenants not to compete where it found that the prohibition was (1) “reasonably necessary for the protection of the business of the employer,” was (2) “not unreasonably restrictive in point of time or territory upon the rights of the employee,” and (3) “not prejudicial to the public interests.”    Additionally, even in a case where the court deemed a covenant not to compete to be overbroad the court did not invalidate the entire covenant.  Rather, the court modified the covenant and partially enforced it “to the extent reasonable under the circumstances.   The court essentially balanced the legitimate concerns of the public, the employer, and the employee. 

Success in beating a covenant not to compete depends on whether a court will find, based on the above listed factors, the covenant to be unreasonable, or against public policy.  As stated above, courts are more likely to enforce a covenant not to compete in an employment context.  Thus, success in a case may very well hinge on whether a court will find the franchise agreement to be analogous to an employment agreement, whether a court will find the terms of the covenant to be reasonable, and whether a court will find that the covenant does not go against public policy.

Contact me personally today to discuss your covenant not to compete matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.

 
Traditionally, New Jersey law has required convicted individuals to wait ten years before allowing them to get their criminal records expunged. However, a new NJ Law now allows convictions to be expunged after only five years, albeit if the individual is able to meet a higher standard of proof. Historically, after ten years have passed without the individual committing another crime, getting a conviction expunged is generally only a matter of going through standard procedure with the Courts. The recent NJ law allows these individuals to apply to the NJ Courts to have their convictions expunged after five years, but the Courts will not expunge every single criminal record simply because the five years have passed. The Courts will hold each applicant to a higher standard and review each case individually to determine whether or not individual’s record should be expunged.
 A plaintiff recently challenged the denial of his application to have his record expunged after only five years. He claimed that the new NJ law meant that the NJ Courts should grant applications that complied with the standard procedure required by all those who apply after ten years, essentially challenging the Court’s application of a higher standard. The NJ Court ruled against him, stating that Courts take into account the nature of the offense, the defendant’s character and conduct since the conviction, and other factors up to the Courts’ discretion in determining whether the expungement is in the “public interest”. The NJ Court went on to say that the expungement of a record after five years is reserved for compelling cases only and should not be granted as easily as those given to individuals that have waited the full ten years.

Contact me personally to discuss your NJ Criminal Expungement matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or email me at fniemann@hnlawfirm.com.

  
A NJ Court case involving an ex-employee suing his former employer for wrongful termination recently had an interesting twist. Although the employee had previously signed a waiver of claims against his former employer, he claimed that the waiver was signed under duress and sought to invalidate it. The company, investigating the duress allegation, sought to depose the employee’s attorney.
The company said that the employee waived his attorney-client privilege and put his consultation with his attorney at issue when he brought forward the duress claim. The Magistrate Judge disagreed however, stating the company was not allowed to depose their opponent’s attorney. The Judge stated that the attorney’s advice regarding the waiver agreement had no connection to whether the plaintiff was under duress when he signed it.
The company’s request was therefore denied.

Contact me personally to discuss your NJ Employment Law matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or email me at fniemann@hnlawfirm.com.

 
The NJ Consumer Fraud Act (“CFA”) offers significant protections to consumers in the real estate context. The Act generally protects consumers against “unconscionable commercial conduct”, typically in the form of fraudulent acts or omissions. If a plaintiff successfully proves that a defendant has violated the CFA, the defendant will be forced to pay significant monetary damages to the plaintiff. However, because of the significant protections offered, the Act also requires several aspects to be proven by the plaintiff before damages will be awarded. It is important to consult with a knowledgeable New Jersey Consumer Fraud Attorney before brining a claim in NJ Court for a consumer fraud violation, as they can inform you of the many elements necessary to prove and whether or not you are likely to succeed.

A recent NJ case arose after a retaining wall collapsed on plaintiff’s property. The plaintiff brought a claim for a violation of the CFA, but the Court rejected it because the plaintiff could not prove all of the elements of a CFA violation. First, the Court said the plaintiff could not show a causal connection between the loss suffered from the retaining wall collapsing and the alleged CFA violation. Second, since no permits were required, it was impossible that the sellers falsely misrepresented the fact that they had the required permits for the wall. Third, the plaintiff failed to show that the realtor had any knowledge of the condition of the wall, so no CFA violation could be alleged against them. The same applied to the relocation agency that transferred the title. The plaintiffs CFA claims were therefore denied against the seller, the realtor, and the relocation agency.
Contact me personally to discuss your NJ Consumer Fraud matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or email me at fniemann@hnlawfirm.com.

Family businesses are often passed down from generation to generation for different members of a family to run.  Therefore, it is important to make certain that the family member whom you designate as the successor to your company has all of the knowledge he or she needs to be able to take the business over and successfully run it.  It is easy for a small business owner to ignore this process and make mistakes along the way, but there are many legal challenges that come along with the process of handing a small business from one person to another.

When a business is being passed on to a family member, there could potentially be some estate planning issues that may need to be resolved first before you can finalize your plans.  If you are the owner of the business, this will complicate matters more as you will have to make plans for your personal assets and your business assets as well.  Proper planning will also make sure that your assets are not heavily taxed.

Passing on a family business can lead to conflicts between family members over “who gets what.”  It is important that the owner of the business makes his or her wishes known before he or she passes the business on to avoid any potential conflicts between family members.  It is also recommended that you hire an experienced attorney to assist you in the succession planning process.

Contact me personally today to discuss your business matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.

 
Partnerships are often created between two or more individuals who are either close friends, family members, or have some sort of amicable relationship. When established, partners often do not think of signing a partnership agreement because they don’t see the relationship ever going sour. Why should close friends bother signing paperwork and getting lawyers involved when they’ve never had a disagreement they couldn’t settle?
 

Many partnership disputes arise several years down the road, often a result of unforeseen circumstances that could not have been contemplated when the partnership was formed. Perhaps partners disagree on whether to expand the company. Maybe one partner would like to leave the partnership due to personal reasons, but the partners disagree as to how much the departing partner should be paid upon leaving. Whatever the disagreement, partnership disputes are not uncommon. They will arise during the course of any business, regardless of how close you are with your fellow partners. Do not make the mistake of saying “It won’t happen to me.”

Entering into a partnership agreement at the onset of your partnership will protect both you and your partner(s) down the road should any dispute arise. Without such an agreement, you have little or no recourse in NJ Court. While this does not necessarily mean you are guaranteed to lose the dispute in court, it almost certainly ensures that you will be subject to lengthy and costly litigation that will most likely interfere with running your business. A partnership agreement helps avoid litigation and ensures that all partners’ rights are protected from the minute the agreement is signed.
Contact me personally to discuss your NJ Partnership matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or email me at fniemann@hnlawfirm.com.

The debtor-creditor relationship is one that commonly arises in the business context. In recent years, with the declining economy, it hasn’t been uncommon for debtors to be unable to repay their loans. In this situation, creditors may go after guarantors on the loans to collect their money, a situation that arose in a recent NJ Court case.

PNC Bank brought a claim to collect the balance due on a line of credit they had given to a business. An individual had signed a personal guaranty to secure the loan, so the bank included him in the claim. The individual objected to being included, stating that after signing the personal guarantee, he had sold his interest in the business to his partner and in exchange the partner had agreed to assume sole responsibility as guarantor. However, the two individuals never notified PNC, therefore the names were never substituted by the bank. After the business defaulted on the loan, the new guarantor died and was therefore unable to satisfy the loan. The Court held that the original guarantor was obligated to satisfy the line of credit, since he was never removed from the PNC loan documents, regardless of the fact he had sold the business.

Contact me personally to discuss your NJ Creditor/Debtor matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or email me at fniemann@hnlawfirm.com.

 
 Close friendships, familial ties, past business associates, and many other amicable relationships often exist among corporate shareholders in NJ. When these corporations are created, some shareholders elect not to enter into a shareholders’ agreement because they feel that no problems will ever arise that they can’t easily settle. They feel that they are so close with their fellow shareholders that they shouldn’t even bother wasting the time and money on an attorney to draft such a contract. After all, what is the need for a shareholders’ agreement if there are never going to be any problems that can’t be easily resolved between friends?

 Unfortunately, unforeseen circumstances often arise that create disputes among shareholders. Even in the most successful NJ corporations, shareholders often strongly disagree over issues that can affect the business. Perhaps the business has been more successful than you and your fellow shareholders could have imagined and you would like to expand, while your fellow shareholders are against it. Perhaps one shareholder wants to leave the business for personal reasons, but you disagree as to how much their ownership is worth. Maybe one shareholder would like to accept an offer to buy the corporation while you are against it. Whatever the reason, shareholder disputes arise during the course of almost every NJ corporation, regardless of how long you have been friends with the other shareholders.

 A shareholders’ agreement is the best way to protect you and your fellow shareholders in all disputes. These agreements, entered into when the corporation is established, help resolve all disputes before they occur by setting forth the rights and responsibilities of the shareholders in the corporation. If a dispute ever occurs in the future, the shareholders’ agreement will dictate how such a disagreement should be resolved.

Contact me personally to discuss your NJ Corporate matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or email me at fniemann@hnlawfirm.com.