In a seismic move, the Federal Trade Commission (FTC) sent shockwaves through the business community with its January 2023 announcement of a proposed rule that, if adopted, would dramatically reshape the landscape of non-compete agreements nationwide. The FTC proposal to ban non-compete agreements nationwide marks a significant departure from the current realm of restrictive covenants in most states, including New Jersey. According to the U.S. … [Read more...] about FTC Proposal to Ban Non-Compete Agreements Nation-Wide
Kieran M. Dowling, of Schiller, Pittenger & Galvin, P.C. and the Auto Dealership Law Team successfully represented a Union County Automobile Dealership to recover unpaid loss of business income insurance under its policy. The dealership’s parts and services department had suffered a devastating fire, and the dealership filed an insurance claim to recoup the lost business income during the rebuild. The dealership’s insurance company, … [Read more...] about SPG Successfully Recovers Six (6)-Figure Payment in Additional Loss of Business Income Insurance for New Jersey Automobile Dealership
In New Jersey courts, the New Jersey Rules of Evidence (N.J.R.E. 702 and 703) guide the admissibility of expert testimony. Interpreting N.J.R.E. 702, the New Jersey Supreme Court has determined the rule requires three essential elements for admitting expert testimony: First, the intended testimony must deal with a subject matter that goes beyond the understanding of an average juror. Second, the field being testified about must be at an … [Read more...] about Understanding Expert Testimony and Net Opinions in New Jersey
An important aspect of commercial property insurance that is often overlooked is the appraisal clause. Although it may seem complicated, business owners who have filed property damage or loss of business income claim with their insurance carriers need to understand New Jersey commercial property insurance and appraisal clauses. Appraisal Clause Explained New Jersey commercial property insurance policies can have an "appraisal" clause to … [Read more...] about New Jersey Commercial Property Insurance and Appraisal Clauses: What You Need to Know
Below are brief articles regarding two consumer protection laws all business owners should know: The Magnuson-Moss Warranty Act and The New Jersey Truth in Consumer Contract Warranty and Notice Act Magnuson-Moss Warranty Act If you are an auto dealer in New Jersey, you may have encountered cases involving the Magnuson-Moss Warranty Act (MMWA; 15 U.S.C. § 2301 et seq.). This federal law, passed in 1975, governs warranties on consumer products … [Read more...] about New Jersey Businesses – Be Alert!
Class action lawsuits are becoming an increasingly popular means for consumers to hold businesses accountable for fraudulent and deceptive practices, and to gain leverage in a lawsuit. Under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), consumers may file a class action lawsuit against a business that has engaged in deceptive or misleading practices. The New Jersey legislature passed the Consumer Fraud Act (CFA) in 1960. The act … [Read more...] about Class Action Lawsuits Under the New Jersey Consumer Fraud Act