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...
by Gary Nissenbaum | Jun 30, 2011 | Business Formation & Sales Law Blog
Under the New Jersey Franchise Practices Act (“Act”), N.J.S.A. 56:10-1 et seq., a franchisor cannot terminate a franchise without good cause. Specifically, the Act states “it shall be a violation of this act for a franchisor to terminate, cancel or fail to...
by Gary Nissenbaum | Jun 28, 2011 | Business Formation & Sales Law Blog
In 2009, Judge Shafer of the Supreme Court, New York County ruled in favor of the non-profit corporation, Stray from the Heart, Inc. (“Stray”), in its Article 78 application – an action brought to challenge the activities of an administrative agency in court – to...
by Gary Nissenbaum | Jun 28, 2011 | Internet Law Blog
A Spanish court recently asked Internet-search provider Google to remove data about a private individual from its index. Spain and other members of the European Union made this request under a doctrine that is commonly referred to in Europe as “the right to be...
