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Complex Commercial Litigation


Nissenbaum Blogs
Commercial Litigation Law Info blog

Which state has jurisdiction when the sale of New Jersey real estate is handled by a New York law firm?
The Appellate Division of the New Jersey Superior Court has refortified the commitment to holding persons responsible for actions they take in one state but knowing it will or might have a tendency to have an effect in another. Lee v. Rah, 2011 WL 2802794 (N.J.Super.A.D.,2011). This case is about...

May an oral settlement agreement reached through mediation be enforced by the court?
In a recent case, the Appellate Division of the Superior Court of New Jersey held that an oral settlement agreement reached during a mediation session could be enforced. However, the party seeking to enforce the mediator’s decision would need to waive his right to confidentiality of the mediation proceedings. N.J....

Consumer Class Actions: Have They Reached the Vanishing Point?
Have we just heard the death knell for class action lawsuits? Probably not, but the distant sounds of court decisions undermining the power and scope of class actions are coming from just over the horizon. In April 2011, the United States Supreme Court issued a ruling which held that the...

 

The firm is available to handle complex commercial litigation lawsuits in both the State and Federal Courts of New Jersey, New York and Pennsylvania. It also represents clients in other states with permission of the Court. These cases run the gamut from breach of contract and fraud to statutory causes of action and injunctions.

The Nissenbaum Law Group's approach to litigation is responsive to its clients' needs and goals. The firm encourages open and continuous communication so that it can assess at every stage what works best for each client. In certain cases, clients may want to take an aggressive, "no holds barred" approach to bringing the matter to trial, while in others, they may wish to take a more conciliatory approach and actively explore settlement. Indeed, sometimes the most appropriate approach is alternate dispute resolution, such as mediation or arbitration. The key is to tailor the approach in accord with each client's preferences and needs.

The firm's commercial litigation practice includes:

  • Breach of contract, fraud and business interference matters
  • Construction lawsuits
  • Foreclosure matters
  • Condemnation and eminent domain actions
  • Appearances before local municipal boards
  • Commercial landlord-tenant disputes
  • Collections and commercial lien filings
  • State and Federal appeals
  • Intellectual Property infringement suits
  • Practice before the Trademark Trial and Appeal Board
  • Administrative law proceedings before State and Federal regulatory bodies
  • Injunctions involving orders to show cause and temporary restraints

Our litigation practice also includes matters relating to Employment Law and Collection, Foreclosure & Judgment.

Reported Decisions:

Spacek v. Marketwatch, Inc., 420 F.Supp.2d 303 (United States District Court, Southern District of New York 2006)

Pallon v. Roggio, 2006 WL 2466854 (United States District Court, District of New Jersey 2006)

Published Works:

"Pitfalls in Collecting a Judgment Against Individual Partners of a Partnership", The Independent Eastern Association of Equipment Lessors, Fall, 1994

"Intentional and Negligent Infliction of Emotional Distress Comprehensive Jury Instructions and Legal Commentary", Matthew Bender & Company, Inc. (Chapter of four volume NJ Jury Instruction Treatice, delayed publication status

"Stop Look and Listen: Selected Defenses to the New Jersey Frivolous Lawsuit Statute", 20 Seton Hall Law Review 184, 1989

"Challenges Ahead for Frivolous Lawsuit Statute", 124 N.J.L.J. 837, October 5, 1989

Classes/Seminars Taught:

Legal Aspects of Sexual Harassment Claims, American Psychiatric Association, May 5, 2004

Facilitator, 2003 Mediation Training, Superior Court of New Jersey, Union County

Panelist, Recent Developments in Litigation Sanctions, New Jersey Institute for Continuing Legal Education, 1994

Presented Seminar, Recent Developments in Litigation Sanctions, Hudson County Medical Society, 1994

Presented Seminar, The Frivolous Lawsuit Statute, Newark Chamber of Commerce, 1991

Click here for a list of items to keep in mind if your business is sued.


Law Blogs
Nissenbaum Law Blog

Commercial Litigation Blog

Which state has jurisdiction when the sale of New Jersey real estate is handled by a New York law firm? READ FULL POST

May an oral settlement agreement reached through mediation be enforced by the court? READ FULL POST

Consumer class actions: Have they reached the vanishing point? READ FULL POST

May attorneys fees be awarded to a prevailing party even when a case doesn't reach trial? READ FULL POST

Sale of Business

What are you selling when you are paid for the "good will" of your business? READ FULL POST

When is it appropriate to use an indemnification provision in selling a business? READ FULL POST

Three questions to ask when buying a business' intellectual property. READ FULL POST

One cannot fraudulently transfer business assets to a related business to escape a creditor. READ FULL POST

If you guaranty a contract for your company, can you become liable for its breach? READ FULL POST

New York court upholds cause of action for indemnification under asset purchase agreement. READ FULL POST

Lack of bad faith as a basis for a court not to award attorney's fees to a minority shareholder who sues to obtain compensation for her shares. READ FULL POST

What value should be assigned to shares under a buy sell agreement in which the value is not listed in the contract? READ FULL POST

Free seminar provides legal and financial insights in preparing for the sale of a business. READ FULL POST

New Jersey Appellate Division confirms that the Consumer Fraud Act does not apply to the sale of a business. READ FULL POST

"Personal client defense" may not apply to a breach of a restrictive covenant signed in connection with the sale of a business. READ FULL POST

Non-compete agreements can add to your purchase price. READ FULL POST

Exercise caution when using letters of intent. READ FULL POST

NJ Business

May corporate actors be held personally liable under the Consumer Fraud Act? READ FULL POST

When are non-solicitation covenants in an employment agreement enforceable? READ FULL POST

Will online retail companies soon be required to charge sales tax? READ FULL POST

When can a plaintiff pierce the corporate veil of a limited partnership? READ FULL POST

Are you pro choice (of law) in your contracts? READ FULL POST

May a law firm advertise with a picture that includes a potential defendant's trademarked logo? READ FULL POST

Is it illegal for a debt collector to attempt to collect a debt that is no longer valid and enforceable as a matter of law? READ FULL POST

Is the anti-retaliation provision of the Fair Labor Standards Act limited to complaints that are in writing? READ FULL POST

Does the anti-retaliation provision of New York City's Human Rights Law protect employees who suffer retaliation for opposing discrimination against other employees? READ FULL POST

Is it a violation of the Fair Debt Collection Practices Act to sue a debtor in the wrong city? READ FULL POST

What are the new protections for hourly employees in the hospitality industry under New York law? READ FULL POST

May the State of New Jersey require merchants to collect zip code information from purchasers of gift cards? READ FULL POST

May a non-competition agreement be enforced under New York law? READ FULL POST

May an employer be sued for denying an employee leave under the Family Medical Leave Act? READ FULL POST

Can a person be bound by an agreement that he did not negotiate or sign? READ FULL POST

Franchise Law

When can the New York Franchise Sales Act be used to dispute a termination? READ FULL POST

Is a NJ franchisee normally entitled to reimbursement of its attorney's fees when it sues a franchisor? READ FULL POST

What is the definition of a franchisee under the NJ Franchise Practices Act? READ FULL POST

Is injunctive relief available to enforce the NJ Franchise Practices Act? READ FULL POST

Motor vehicle franchises: The relationship between the franchisor and the franchisee. READ FULL POST

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