by Gary Nissenbaum | Oct 24, 2011 | Business Formation & Sales Law Blog
One of the few ways to undermine the choice of law provision in your contract is to cite the wrong state’s law when you are trying to enforce it. That can be construed as a waiver of the choice of law.A good example of this was a recent decision by the United States...
by Gary Nissenbaum | Oct 19, 2011 | Business Formation & Sales Law Blog
In 1981, a New York insurance company, William J. Hofmann Agency (“Hofmann”), entered into an Agency Agreement (“Agreement”) with an insurance underwriter, Kemper. Both parties hoped the arrangement would prove mutually profitable, but those expectations were dashed...
by Gary Nissenbaum | Sep 30, 2011 | Business Formation & Sales Law Blog
Are the days of shopping online free of sales tax coming to an end? If certain senators get their way, they could be.In a 1992 decision, the Supreme Court held that a business must have a physical presence – a “nexus” – within a state in order for that state to...
by Gary Nissenbaum | Sep 29, 2011 | Business Formation & Sales Law Blog
A nonprofit company should generally maintain a solid boundary between its activities and those of a related for profit company. A recent decision of the New Jersey Supreme Court highlighted why this is so important.In that case, the Court held that nonprofit...
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...
