Law Blog
In New York, LLP Liability Shield Does Not Apply to Obligations Between Partners
Corporate Law: Individuals seeking to buy into a partnership in New York should be wary of the fact that their personal assets may be at risk in the event of a future dispute with the other partners of the company. Pursuant to a 2007 decision handed down by the New...
New York Legislature Amends Safety and Insurance Requirements for Construction, Excavation and Demolitions Operations
Construction Law: The New York legislature amended the administrative code of the City of New York with respect to safety requirements during excavation and insurance obligations for construction or demolition operations. The amendments were approved and made...
New York Enacts the Truth in Music Advertising Act
Entertainment Law: The New York State legislature enacted a new statute specifically aimed at advertising in the music industry. The Truth in Music Advertising Act, NY Art & Cult Aff. § 34.01, et seq., was effective as of September 14, 2007 and specifically...
Amendment to New Jersey Uniform Construction Code Act Relating to Inspections
New Jersey Legislation: The New Jersey legislature recently amended the State Uniform Construction Code Act with regard to construction inspections. With certain exceptions, the revised law provides that the same inspector must make a follow up inspection on...
New Jersey Enacts Internet Safety Dating Act
Internet Law: The New Jersey Legislature recently passed the “Internet Safety Dating Act,” making it one of the first states to enact legislation of this nature, aimed at protecting against online predators. Notably, the law applies to all websites that offer...
Southern District of New York Reaffirms that Company Executives Can Be Personally Liable for FTC Violations
Business Law: The Southern District of New York recently decided Federal Trade Commission v. Medical Billers Network, Inc., et. al., in which it reaffirmed the holding that an individual company executive can be held liable for the company’s acts under...
Caution When Negotiating A Contract For The Sale Of Real Estate
Commercial Real Estate: Commentary: The New Jersey Statute of Frauds requires that certain contracts be in writing. The most well-known type of contract subject to these requirements are contracts for the sale of personal property for $500 or more be in writing. In...
Avoiding Potential Pitfalls of Electronic Discovery Rules
Commercial Litigation: Courts are taking a hard line in requiring litigants to preserve evidence. It is only logical that given the increased use of technology in our lives, courts are taking an active role in sanctioning litigants for destroying electronically stored...
Are E-mails Sufficient To Satisfy The New York Statute Of Frauds? It Depends.
Commercial Real Estate: The New York Statute of Frauds requires certain agreements to be in writing in order to be enforceable. Among the types of agreements that must be in writing are those conveying an interest in real estate (other than a lease for a term not...
New Jersey‘s Consumer Protection Laws
Consumer Protection Law: New York’s consumer protection laws generally prohibit deceptive acts or practices when conducting business or providing services. Where a person or entity has engaged in a deceptive act or practice, the injured consumer may commence a private...
New Jersey Court Requires a Litigant to Prove Damages in Defamation Case
New Jersey Caselaw: In Suarez v. NJ.com, an unpublished opinion, the New Jersey Appellate Division recently found that a defamation plaintiff must prove damages even when he already proved that the comments were made with actual malice. The Court noted that there are...
State v. Reid: New Jersey Protects the Confidentiality of Internet Subscriber Information
New Jersey Caselaw: Through State v. Reid, 194 N.J. 386 (2008), the New Jersey Supreme Court recently issued a landmark holding that Internet subscriber information is protected from disclosure because it is considered confidential. The confidentiality can be overcome...
Can Schools Punish Internet Bullies?
Commentary: School bureaucracies have one overriding goal: to exert control over student life sufficient to create an atmosphere conducive to learning. However, when that control is exerted outside school premises, students may legitimately question whether it is wise...
The Tax Clearance Certificate Requirement for the Sale of a New Jersey Business
Commentary: One of the steps that business people frequently overlook when planning to purchase or sell an interest in a business in New Jersey is the tax clearance certificate. Under New Jersey law and regulation, the Division of Revenue ("Division") requires that...
Internet Defamation Articles by Nissenbaum Law Group
Download “Wrongful Posting on the Internet: The Privacy You Save Could be Your Own”, NJ Lawyer Magazine, April 2008
New Jersey Proposes Legislation Regarding Online Harrassment of Minors
Proposed Legislation: A new bill was recently proposed to the New Jersey legislature, which appears to be, in large part, a reaction to the infamous story of Megan Meir, the Missouri teenager that committed suicide after being defrauded on the MySpace.com...
New Jersey Proposes Legislation Requiring Websites to Remove Defamatory Content and Reveal Information about Posters of Defamatory Content
Proposed Legislation: Currently pending in the New Jersey legislature is bill A1827, which proposes a requirement that all Internet computer services and Internet service providers remove defamatory materials and disclose account information to defamed...