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
Leave the Contract Drafting to the Attorneys Nowhere is the old saw “an ounce of prevention is worth a pound of cure” truer than in the realm of contract drafting. As a commercial litigator, time and again I have seen companies spend millions on litigation because they failed to take the necessary steps years earlier to ensure that their contracts were properly drafted and … [Read more...] about Why You Should Always Hire Counsel to Draft Your Contracts
A truly historic Election Day full of notable events included the passage of a referendum measure in New Jersey which amends the State Constitution to legalize the use and sale of cannabis beyond the current medical marijuana regime in New Jersey. The vital next step in the process of creating a legal general-use marijuana sales framework in New jersey is the passage of … [Read more...] about Cannabis is Legal in New Jersey: Now What?
Spam phone calls have become an unfortunate part of everyday life, even if you have put yourself on a “no call” list. But would you expect that your cell service contract can prevent you from taking the spam callers to court? Well, depending on who your carrier is, who is calling, and what part of the country you are living in, that may very well be the case. In a somewhat … [Read more...] about A Circuit Split Emerges on the Application of Arbitration Clauses to Affiliated Companies
Contributor: Andrew Dressel Last week, the State of New Jersey passed a law delaying the effective date of the State’s heightened WARN Act protections for 90 days after the expiration of Governor Murphy’s stay-at-home order. This is a significant development for both employers and employees in New Jersey, as the updated NJ WARN Act contains much more stringent … [Read more...] about State of New Jersey Delays Enlarged WARN Act Protections