New Jersey Business Law Questions & Answers
Q: what is the compensatory damages for contractor when a product is defective
1 Answer
| Asked
in
Products Liability, Business Law and Construction Law
for
New Jersey
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.
You problem is, that the claim is too small for most civil lawyers to want to handle. When no personal injury occurs, civil litigation attorneys usually won't sign on, to file suit.
You can go to small claims court, possibly.
Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.
You problem is, that the claim is too small for most civil lawyers to want to handle. When no personal injury occurs, civil litigation attorneys usually won't sign on, to file suit.
You can go to small claims court, possibly.
Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?
2 Answers
| Asked
in
Business Law, Copyright and Intellectual Property
for
New Jersey
on
Answered on Jul 20, 2017
Answered on Jul 20, 2017
Glenn B. Manishin's answer
If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would not be lawful. (Lyrics are covered by copyright, and the same considerations apply.)
If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would not be lawful. (Lyrics are covered by copyright, and the same considerations apply.)
Q: not sure which lawyer to choose/subject. my business is being sued for non payment of a business loan & large cc debt
3 Answers
| Asked
in
Business Law, Civil Litigation, Bankruptcy and Collections
for
New Jersey
on
Answered on Jul 18, 2017
Answered on Jul 18, 2017
Leonard R. Boyer's answer
You need to immediately retain an experienced bankruptcy attorney.That is the best and most cost effective way to handle this situation.
You need to immediately retain an experienced bankruptcy attorney.That is the best and most cost effective way to handle this situation.
Q: What does it take not to be called a bank?
1 Answer
| Asked
in
Banking, Business Formation, Business Law and Consumer Law
for
New Jersey
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Q: How long can a company get to avoid been called a bank legally?
1 Answer
| Asked
in
Banking, Business Formation, Business Law and Legal Malpractice
for
New Jersey
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Paul J. Riviere's answer
Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You are also limited in the names you are allowed to use under state guidelines.
Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You are also limited in the names you are allowed to use under state guidelines.
Q: Do I have to continue answering new inquires and singing new clients if LLC may get dissolve soon?
H. Scott Aalsberg Esq.'s answer
The answer is maybe and could be in your operating agreement for the LLC which I lawyer would need to review. I suggest you hire a lawyer for the dissolution and ask that lawyer what you should do otherwise you do risk a law suit.
The answer is maybe and could be in your operating agreement for the LLC which I lawyer would need to review. I suggest you hire a lawyer for the dissolution and ask that lawyer what you should do otherwise you do risk a law suit.
Q: Buying assents when LLC is dissolving and violation of fiduciary duties?
Paul J. Riviere's answer
The answer is that with an LLC when both people are Managing Members they both have a fiduciary duty to do what's in the best interests of the Company. The failure to do is actionable in New Jersey.
The answer is that with an LLC when both people are Managing Members they both have a fiduciary duty to do what's in the best interests of the Company. The failure to do is actionable in New Jersey.
Q: How to exit LLC partnership when partner doesn't want to?
Paul J. Riviere's answer
Usually you refer to the mechanism set forth in your operating agreement that governs the resignation of a member from the entity. In a case such as this you have to refer to the governing statute in NJ which is the NJ Revised Uniform Limited Liability Company Act. Moreover, you most likely need a savvy business lawyer to assist in this process.
Usually you refer to the mechanism set forth in your operating agreement that governs the resignation of a member from the entity. In a case such as this you have to refer to the governing statute in NJ which is the NJ Revised Uniform Limited Liability Company Act. Moreover, you most likely need a savvy business lawyer to assist in this process.
Q: I am sub s corp. I took a loan with a New Jersey company for 80 k. In NovemberI have paid 22,000 and stopped paying
H. Scott Aalsberg Esq.'s answer
Much more information would be needed in order to access your situation. Usury laws look at interest, but when you stop paying a loan your also responsible for attorney fees and other costs etc. Bankruptcy may also be an option for you if you can't pay the loan. I suggest you setup an appointment with a lawyer to review your loan information. Of course a lawyer will charge you a consultation fee to review the information, but it would probably be worth the money and your probably talking...
Much more information would be needed in order to access your situation. Usury laws look at interest, but when you stop paying a loan your also responsible for attorney fees and other costs etc. Bankruptcy may also be an option for you if you can't pay the loan. I suggest you setup an appointment with a lawyer to review your loan information. Of course a lawyer will charge you a consultation fee to review the information, but it would probably be worth the money and your probably talking...
Q: Cardealer wrote wrong make model and vin number on sale contract, now they want to change it because other car is more $
1 Answer
| Asked
in
Banking, Business Law, Contracts and Consumer Law
for
New Jersey
on
Answered on May 27, 2017
Answered on May 27, 2017
H. Scott Aalsberg Esq.'s answer
No you can't demand the better car it was a mistake and the you have no right to it.
No you can't demand the better car it was a mistake and the you have no right to it.
Q: What should be my steps in recovering money from a "mom and pop owner" who sold his shop to someone else?
H. Scott Aalsberg Esq.'s answer
A lot would depend on the words in the contract for services you signed with the owners as to what you can and cannot do No contract and you may be out of luck.
A lot would depend on the words in the contract for services you signed with the owners as to what you can and cannot do No contract and you may be out of luck.
Q: Do I need approval from my LLC partner if my spouse is willing to help me for free with my duties?
H. Scott Aalsberg Esq.'s answer
The answer depends on your LLC operating agreement and other agreements made by the parties. If the answer is important to you, I suggest you spend a few dollars and bring your agreements with you to a lawyer to review and get the answer you need before you do anything which could jeopardize your position.
The answer depends on your LLC operating agreement and other agreements made by the parties. If the answer is important to you, I suggest you spend a few dollars and bring your agreements with you to a lawyer to review and get the answer you need before you do anything which could jeopardize your position.
Q: Have unmortgaged commercial building. I have to close the business. Am I responsible for it if I abandon it legally
3 Answers
| Asked
in
Bankruptcy, Business Law and Real Estate Law
for
New Jersey
on
Answered on May 3, 2017
Answered on May 3, 2017
Michael David Siegel's answer
Hard to believe building has no value. You can abandon it but you still could have some personal liability for some things, like environmental contamination.
Hard to believe building has no value. You can abandon it but you still could have some personal liability for some things, like environmental contamination.
Q: How to leave an LLC?
Paul J. Riviere's answer
Being that you don't have an operating agreement, the statute will guide you as to how to dissolve or leave. If you and your partner can agree you can make a buy-out agreement. For this you need to do is get a business valuation so you know what the buy-out will cost. Along with this process are tax issues. Other issues that need to be worked out are trademarks, trade names, copyrights and so forth. Get a business lawyer to guide you through this process.
Being that you don't have an operating agreement, the statute will guide you as to how to dissolve or leave. If you and your partner can agree you can make a buy-out agreement. For this you need to do is get a business valuation so you know what the buy-out will cost. Along with this process are tax issues. Other issues that need to be worked out are trademarks, trade names, copyrights and so forth. Get a business lawyer to guide you through this process.
Q: If a ch 7 personal bankruptcy filer has capital contributions to an LLC or an S Corp, how should it be noted?
3 Answers
| Asked
in
Bankruptcy, Business Formation and Business Law
for
New Jersey
on
Answered on Mar 7, 2017
Answered on Mar 7, 2017
Michael David Siegel's answer
It should be listed as it is held in the books and records of the LLC.
It should be listed as it is held in the books and records of the LLC.
Q: What kind of lawyer is needed if I believe I am a shareholder of a company.thank you
Mary Madeline Roberts' answer
Do you want to sue the company or do you work at the company and own shares, and thus seeking an attorney to increase and/or change your share percentage, etc.? Without knowing more, you should find a corporate attorney--please message me for a free consultation. Further, within corporate law, if you're seeking to bring demand and sue the company or question it's business decision, then look for a corporate attorney with experience in corporate governance; and, if you're looking to increase...
Do you want to sue the company or do you work at the company and own shares, and thus seeking an attorney to increase and/or change your share percentage, etc.? Without knowing more, you should find a corporate attorney--please message me for a free consultation. Further, within corporate law, if you're seeking to bring demand and sue the company or question it's business decision, then look for a corporate attorney with experience in corporate governance; and, if you're looking to increase...
Q: if a manger within a company bad mouths an employee to another manger within that company is that considered harassment?
1 Answer
| Asked
in
Business Law, Employment Discrimination and Employment Law
for
New Jersey
on
Answered on Dec 2, 2016
Answered on Dec 2, 2016
Jonathan Ian Nirenberg's answer
In New Jersey employment law, something can only be harassment if the reason it happened was unlawful, such as if it is because of your age, race, gender, national origin, disability or another legally protected category. In addition, to be legally actionable harassment has to be severe (very bad) or pervasive (very frequent). While it sounds like it was unfair, I don't have enough information to evaluate whether what happened to you was harassment under New Jersey law.
In New Jersey employment law, something can only be harassment if the reason it happened was unlawful, such as if it is because of your age, race, gender, national origin, disability or another legally protected category. In addition, to be legally actionable harassment has to be severe (very bad) or pervasive (very frequent). While it sounds like it was unfair, I don't have enough information to evaluate whether what happened to you was harassment under New Jersey law.
Q: Is the NDA/Non Compete agreement I signed still valid if the company has changed names since signing?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
New Jersey
on
Answered on Aug 13, 2016
Answered on Aug 13, 2016
H. Scott Aalsberg Esq.'s answer
The answer would depend on the terms of the agreement. A lawyer would need to read and review the agreement first before giving you an answer as no hard and fast rules apply. Your probably looking at less than $1000 for a review it may or may not be worth it for you.
The answer would depend on the terms of the agreement. A lawyer would need to read and review the agreement first before giving you an answer as no hard and fast rules apply. Your probably looking at less than $1000 for a review it may or may not be worth it for you.
Q: How do we remove resident board members and replace with a property management company.
Leonard R. Boyer's answer
You need to consult the by-laws and retain an experienced attorney who has litigation experience in these type of matters. Good luck.
You need to consult the by-laws and retain an experienced attorney who has litigation experience in these type of matters. Good luck.
Q: NJ p2p lending firm we are not originate the loans do we have to get Consumer Lenders/Sales Finance Company license?
1 Answer
| Asked
in
Consumer Law, Securities Law, Business Law and Business Formation
for
New Jersey
on
Answered on Apr 26, 2016
Answered on Apr 26, 2016
Leonard R. Boyer's answer
You need to have an in person consultation with an experienced business attorney to learn exactly what the rules and requirements are for you to operate this type of business in NJ. You can have serious problems if you do not conduct your business properly. Good luck.
You need to have an in person consultation with an experienced business attorney to learn exactly what the rules and requirements are for you to operate this type of business in NJ. You can have serious problems if you do not conduct your business properly. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
