by Gary Nissenbaum | Sep 30, 2011 | Business Formation & Sales Law Blog
Are the days of shopping online free of sales tax coming to an end? If certain senators get their way, they could be.In a 1992 decision, the Supreme Court held that a business must have a physical presence – a “nexus” – within a state in order for that state to...
by Gary Nissenbaum | Sep 29, 2011 | Business Formation & Sales Law Blog
A nonprofit company should generally maintain a solid boundary between its activities and those of a related for profit company. A recent decision of the New Jersey Supreme Court highlighted why this is so important.In that case, the Court held that nonprofit...
by Gary Nissenbaum | Sep 28, 2011 | Business Formation & Sales Law Blog
New Jersey might be joining a group of states that have decided to allow plaintiffs to pierce the corporate veil of limited partnerships, but the state’s courts would only allow it in limited circumstances.A limited partner is one who does not insinuate himself in the...
by Gary Nissenbaum | Aug 29, 2011 | Business Formation & Sales Law Blog
Most people selling their business are unaware (at lease at the outset) that the contract of sale normally includes some sort of indemnification language. There are many variations, but in the typical case, this means that the seller agrees to hold the buyer harmless...
by Gary Nissenbaum | Jun 30, 2011 | Business Formation & Sales Law Blog
No one enters into a franchise assuming that someday, they will need to file a lawsuit to enforce their rights. Unfortunately, however, sometimes that need does arise. The first and foremost question at that point, from the franchisee’s perspective, is can I receive...
by Gary Nissenbaum | Jun 30, 2011 | Business Formation & Sales Law Blog
In Liberty Sales Associates, Inc. v. Dow Corning Corporation, 816 F. Supp. 1004 (D.N.J. 1993), the court reconsidered its previous decision dismissing Liberty Sales Associates, Inc.’s (“Liberty”) claim for wrongful termination under the New Jersey Franchise Practices...