by Gary Nissenbaum | Oct 19, 2011 | Business Formation & Sales Law Blog
In 1981, a New York insurance company, William J. Hofmann Agency (“Hofmann”), entered into an Agency Agreement (“Agreement”) with an insurance underwriter, Kemper. Both parties hoped the arrangement would prove mutually profitable, but those expectations were dashed...
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 30, 2011 | Internet Law Blog
The legal concept of invasion of privacy by false light could end up leaving the music network MTV in the dark.In Savely v. MTV Music Television, the Federal District Court for the District of New Jersey denied MTV’s motion to dismiss a suit filed by a street...
by Gary Nissenbaum | Sep 30, 2011 | Internet Law Blog
Entrepreneurs and small business owners beware.In December 2010, President Obama signed into law the Restore Online Shoppers’ Confidence Act (“ROSCA” or the “Act”), Pub. L. No. 111-345, 124 Stat. 3618 (2010). In effect, the new law tries to live up to its name...
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 Lawsuit Blog
In a recent case, the Appellate Division of the Superior Court of New Jersey held that a plaintiff can be awarded fees even when a case does not reach trial if the suit itself helped encourage a defendant to correct an unlawful practice. Sika Corp. v. Hostler, 2011...
