Is it Time for Another Lawyer? How to Avoid Being the Victim of Legal Malpractice

Imagine that you or your business runs into a legal problem.  You don’t think you understand enough about the issue to tackle it on your own, so you make the prudent decision to enlist someone who does: you call an attorney.  You willingly give this attorney your time, your money, and your sensitive personal and financial information, because you rightfully trust that he or she is a qualified professional who will treat you and your case with competence and care.  But soon, things start to go wrong.  Return calls are few and far between, until your calls stop being returned altogether.  Documents are lost. Deadlines are missed.  You take a huge financial loss, and struggle to patch up the pieces left behind.  Was it legal malpractice?

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Meticulous Legal Guidance is Essential for Non-Compete Agreements

Recently non-compete agreements have been a particularly hot topic. A recent New York Times Business Day article elucidates how non-compete agreements are no longer something that is the exclusive concern of CEOs, executives, lawyers, engineers and board members. Rather, the non-compete agreement is making its way to numerous positions throughout the service-based economy.  While the non-compete is certainly an effective means of protecting intellectual property when it is properly applied, non-compete agreements may be struck down by a court when they are unreasonable in their restrictions, when the restrictions do not serve a clear and articulable business purpose, or when considerations of equity dictate.

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Which Religions are the Most Likely to Get Divorced?

If you’re a regular reader of the Maselli Warren legal blog, you may have already noticed our ongoing series about marriage risk factors.  So far, we’ve examined the pros and cons of variables like age, education, income, and health; but what about faith?  Are members of certain religions more likely to get divorced?

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When is it Time to Move on From a Sole Proprietorship?

At Maselli Warren, P.C. our attorneys have helped guide businesses of all sizes through their legal issues. Whether your business is a one person start-up or a several hundred person operation, you need to protect your company name and assets. In earlier blog posts, we had previously discussed other types of organizational structures for businesses — namely corporations, partnerships and LLCs. While each of these articles delved into some of the advantages, disadvantages and other complexities of these structures, one type of business structure was left completely unaddressed: the sole proprietorship. Continue reading

New Jersey Looks to Restructure its Courts to Better Serve the Business Community

In April 2014 the Working Group on Business Litigation, formed in the fall of 2013 by New Jersey Chief Justice Stuart Rabner, issued its report and recommendations on the needs of business litigants. This process is a continuation of the steps the Judiciary has taken to improve New Jersey’s business friendliness. Previous steps have included:

  • The creation of the General Equity part in the Chancery Division.
  • A 1996 Bergen and Essex vicinage commercial pilot program where a judge with a business background is given discretion to handle complex commercial cases from start to resolution.
  • The 2000 Best Practices 4-track case management system.
  • The 2003 adoption of Rule 4:38A addressing Multicounty Litigation.
  • A 2004 pilot program permitting a party to complex commercial litigation to request a General Equity designation in lieu of one in the Law Division, Civil Part.

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Illness Increases the Risk of Divorce (But Only for Women)

“In sickness,” the traditional marriage vow goes, “and in health.”  But if the disheartening results of a recent study are any indication, perhaps it’s time for those adoring words to be rephrased. The results of a long-running study conducted by researchers at the University of Michigan are finally in, and the verdict is a depressing one: illness significantly increases the risk of divorce.  At least, it does if you’re a woman. But just how much worse do your marital odds become?  And perhaps more importantly, why? 

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Debtor Rights vs. Creditor Rights

Very simply put, debtors owe money, while creditors are owed money.  Of course, the relationship between debtors and creditors is far more complicated than a single, simplified sentence can convey.  Numerous regulations have been enacted to protect entities on both sides of the debt fence, and when a payment comes past due, effective and ethical conflict resolution often amounts to a careful balancing act between the rights of the creditor, and the rights of the debtor.  What are those rights, and how do they coexist?  In this blog entry, our New Jersey bankruptcy lawyers examine debtor rights vs. creditor rights, and how filing for financial relief affects these rights.

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Four of the Strangest Reasons Cited in Divorce Proceedings

People change, and couples drift apart.  It’s unfortunate, but sometimes it happens.  When it does, there isn’t necessarily a person or an action at fault — it’s just part of life.  When a couple wishes to divorce without pointing to a specific cause, it’s called “no-fault divorce.”  In other words: irreconcilable differences.  Of course, only a portion of all divorces are no-fault, leaving the remainder classified as fault-based divorces.  Fault-based divorces can be driven by adultery, imprisonment, drug abuse… or by other, much stranger causes.  In this blog post, our family law attorneys take a look at some of the world’s strangest stories of reasons that were cited in a divorce.

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Is Detroit’s Bankruptcy Making Progress?

We’ve written about Detroit’s bankruptcy on our blog in the past.  Back in December of 2013, Judge Steven Rhodes catapulted the Motor City into national headlines when he announced he would allow Detroit to file for Chapter 9 bankruptcy.  The announcement of the biggest municipal bankruptcy in the nation’s history stunned the press and public alike, and left Detroiters with a mixed bag of emotions.  On one hand, the move inspired hope that a fresh start and a chance to heal would be attainable at last — but on the other, it also led to widespread anxiety regarding the thousands of pensions hanging precariously in the balance.  Since then, four tumultuous months have passed.  Is Detroit’s bankruptcy making progress?

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Which Business Structure is Right for Your Company? Part Three: LLCs

One of the most fundamental and important questions new business owners must ask themselves is how the business will be structured.  While numerous options for legal structures are available for entrepreneurs to choose between, what may be optimal for one entity could prove disastrous for another.  At the end of the day, the formal structure which is best for your venture depends heavily upon your business’ unique objectives.  In the past, our three-part blog series “Which Business Structure is Right for Your Company?” has gone over the merits and drawbacks of corporations and partnerships.  In the third and final installment, our business attorneys evaluate the pros and cons of registering your business as a Limited Liability Company, or LLC.

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