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...
by Gary Nissenbaum | Jul 18, 2012 | Business Formation & Sales Law Blog
In Martin Heller v. Lauren Gardner Trust, No. A-0914-11T2 (N.J. Super. Ct. App. Div. June 27, 2012), the court considered the enforceability of a “put offering notice, by which one or more members could require the other members to buyout their shares.” The...
by Gary Nissenbaum | Jul 18, 2012 | Business Formation & Sales Law Blog
In Martin Heller v. Lauren Gardner Trust, No. A-0914-11T2 (N.J. Super. Ct. App. Div. June 27, 2012), the court considered the enforceability of a “put offering notice, by which one or more members could require the other members to buyout their shares.” The...
by Gary Nissenbaum | Jul 10, 2012 | Business Formation & Sales Law Blog
New York has a statute that anyone starting a nonprofit should read. It is located at NY. NPC. Law Section 405. The statute states, among other things, that a certificate of incorporation must be filed with the New York Department of State. Thereafter, the...
by Gary Nissenbaum | Jul 10, 2012 | Business Formation & Sales Law Blog
In The Provident Bank v. Charles Bonnici, No. A-1586-11T1 (N.J. Super. Ct. App. Div. 2012), the Appellate Division of the Superior Court of New Jersey considered the issue of what is a reasonable manner to sell collateral to satisfy a debt.In that case, the debtor had...
