by Gary Nissenbaum | May 9, 2024 | Business Formation & Sales Law Blog
In accordance with general principles of law, rescission of a contract is generally allowed only in narrow situations, such as where a party is fraudulently induced into entering into the contract. Rescission may also be permitted where there is a willful, material,...
by Gary Nissenbaum | May 9, 2024 | Business Formation & Sales Law Blog
The United States Court of Appeals for the Second Circuit held that a debt collector violated the Fair Debt Collection Practices Act (“FDCPA”) when it instituted a Syracuse City Court action in New York State against a debtor in a city where the debtor did not reside....
by Gary Nissenbaum | Jun 17, 2014 | Business Formation & Sales Law Blog
If one sells a corporation, the shares of stock are what is being sold. If one sells a limited liability company, the membership interest is what is being sold. However, when one sells a sole proprietorship – a business which is not an entity– what exactly is being...
by Gary Nissenbaum | May 22, 2014 | Business Formation & Sales Law Blog
May a Seller seek to void a contract for sale of his business by taking the position that the sale contract was violated and therefore unenforceable, when the seller itself is the one that did not comply? That issue was raised in Meadowbrook Industries, LLC v. Walker...
by Gary Nissenbaum | Feb 5, 2014 | Business Formation & Sales Law Blog
On June 28, 2013, Governor Chris Christie signed a law (Bill S-2151) which requires judges in New Jersey to evaluate prenuptial agreements as of the date of their signing and not as of the date of their enforcement. This was a major change in the law. It is of...
by Gary Nissenbaum | Jan 21, 2014 | Business Formation & Sales Law Blog
Most franchise agreements contain forum selection clauses – language that requires, among other things, disputes to be determined in a particular state or county. But are they enforceable? The Supreme Court of the United States recently determined that not only are...
