by Gary Nissenbaum | Apr 29, 2013 | Business Formation & Sales Law Blog, Business Lawsuit Blog
In JPMorgan Chase Bank, N.A., v. Jeffco Cinnaminson Corporation, et. al., No. A-2601-10T3(N.J. Super. Ct. App. Div. March 27, 2012), JP Morgan Chase Bank, N.A. (“Plaintiff”) sued Jeffco Cinnaminson Corporation (“Jeffco”) and Paul T. Andrews (“Andrews”)...
by Gary Nissenbaum | Sep 19, 2012 | Business Formation & Sales Law Blog
In Zavodnick, Perlmutter & Boccia L.L.C., v. Zavodnick, No. A-1242-11T1 (App. Div. August 2, 2012), the Superior Court of New Jersey, Appellate Division, upheld an arbitrator’s decision to allow a law firm to buyout a disabled member. Id. at 8. In so doing,...
by Gary Nissenbaum | Aug 14, 2012 | Business Formation & Sales Law Blog
American Franchisors should be aware of the special laws relating to establishing franchises in Canada. For example, the Quebec Civil Code attaches a contractual obligation to the franchisor of a franchise agreement to protect and enhance the franchise brand. In...
by Gary Nissenbaum | Jul 25, 2012 | Business Formation & Sales Law Blog
In December 2011, Texas Attorney General Greg Abbott (“Abbott”) sued the Texas Highway Patrol Association (“THPA”), the Texas Highway Patrol Museum, THPA Services, Inc. and several senior THPA officials (collectively “THPA and Affiliates,” separately...
by Gary Nissenbaum | Jul 25, 2012 | Business Formation & Sales Law Blog
In Fabrau, L.L.C. v. Prashant Shah, et. al., No. A-4464-10T3 (N.J. Super. Ct. App. Div. July 11, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: Should parties be bound by an executed operating agreement...
by Gary Nissenbaum | Jul 25, 2012 | Business Formation & Sales Law Blog
When is a franchise agreement unconscionable and, therefore, unenforceable as a matter of law? Legal precedent from the United States Court of Appeals for the Seventh Circuit is illustrative on this point. We Care Hair Development, Inc. v. Engen, et. al., 180 F.3d 838...