Two years ago, at the beginning of the pandemic, Dressel/Malikschmitt authored a blog predicting that many New Jersey businesses would soon find themselves in litigation over breached contracts. Unfortunately, we were right. We never could have anticipated the full scale of the COVID-19 pandemic, the impacts of which will endure for years to come. But we were right that it … [Read more...] about War, Inflation, and COVID Force Businesses to Examine Breached Contracts
First Steps to Starting Your Business
Start With the Paperwork The first step in starting your business—besides the business concept itself—is to initiate the proper filings with the relevant Secretary of State. These are the formational documents that will bring your business into the world as a distinct legal entity of its own. Generally speaking, these documents are simple enough to draft and file, but they are … [Read more...] about First Steps to Starting Your Business
How the Complex Business Litigation Program (CBLP) Works
In 2015, the New Jersey Supreme Court established the Complex Business Litigation Program (CBLP). Much like the Commercial Division in New York courts, the CBLP is designed to resolve complex business, commercial, and construction cases in an expedited manner. Restricted to cases where the amount in controversy is at least $200,000, the CBLP uses different discovery rules than … [Read more...] about How the Complex Business Litigation Program (CBLP) Works
Bringing Your Employees Back? Some COVID-19 Considerations
As the summer started, it looked like COVID-19 had finally been beaten. Infection rates and hospitalizations had dropped dramatically, vaccination numbers were rising and businesses across the Garden State were opening back up. The story remains largely good news. While infection rates have increased, and indeed have skyrocketed in other states, New Jersey’s infection rates … [Read more...] about Bringing Your Employees Back? Some COVID-19 Considerations
COVID-19, Frustration of Purpose and Impossibility
Last year, as the COVID-19 crisis set in, we took a look at the contract defenses of frustration of purpose and impossibility, two defenses our firm expected to see invoked in contract litigation related to COVID-19. We were not wrong, and it is interesting to see how the two defenses have played out one year later. Frustration of Purpose Frustration of purpose refers to … [Read more...] about COVID-19, Frustration of Purpose and Impossibility