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Legal Advice On: Diversity, Discrimination and Immigration

Lindabury’s Labor and Employment Law partner, John H. Schmidt, was interviewed by New Jersey Business Magazine‘s Editor-in-Chief Anthony Birritteri for the article published in the May 2017 issue. Their discussion focused on the fine lines of major issues employers face regarding diversity and discrimination in the workplace and in the…

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Appellate Division is Favorable, but Stops Short of Permitting Condominium Association’s Appointment of Rent Receiver During Foreclosure Proceedings

The April 13, 2017, decision of the appellate division in Mill Pointe Condominium Association v. Rizvi, sought to address a condominium association’s efforts to obtain rental income, during the pendency of a foreclosure lawsuit involving an empty condominium unit. By way of background, the association had obtained a judgment against…

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Condominium Owner Spill Act Suit Dramatically Increases Potential for Litigation Over Environmental Investigation Costs

The New Jersey Appellate Division’s decision in Matejek v. Watson, issued on March 3, 2017, compelled the owners of condominium units to share in the cost of environmental investigation under the New Jersey Spill Compensation and Control Act (the Spill Act), without proving liability. This remedy, not previously available to…

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What Happens to a Business Partner’s Interests in a Company After Death?

Have you ever heard a story among your friends about a company where two partners got along great, but then one suffered an untimely death and then his widow or children caused the company to breakup? That is a common scenario, although one might not be able to place the…

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Cybersecurity Insurance Considerations For Small And Medium-Sized Businesses

Cybersecurity experts have observed that hackers and cybercriminals are increasingly targeting small and medium-sized businesses and that these efforts account for 60% of all cyberattacks. One expert described these companies as the “soft underbelly” of cybersecurity. Companies of all sizes face potentially significant costs in responding to a data breach…

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New Jersey Courts Are Limited Only By Imagination When Resolving Business Disputes Between Partners

When dealing with shareholder oppression claims the court has a broad arsenal of remedies at its disposal. In fact, the remedies available to the court are limited only by its own imagination and the court’s sense of fairness. The statute applicable to oppressed minority shareholders does provide some remedies along…

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Minority Shareholder Oppression: The Court’s View of “Unfair” Action

Statutory remedies are made available to shareholders in a small, closely held corporation should harmful actions be undertaken by other shareholder or directors of the corporation. Importantly, these statutory remedies are available only to owners of a corporation with 25 or fewer shareholders. Pursuant to N.J.S.A. 14A:12-7(1)(c), a shareholder in…

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Cybersecurity and the Importance of Attorney-Client Privilege

Businesses have a major need to assess their own cybersecurity risks, and to openly exchange internal information within the company to effectively address and mitigate an actual breach situation. Yet a company’s internal assessments of its own weaknesses and the holes in its cybersecurity protections can, ironically, actually expose the…

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Regardless of Amount of Corporate Stock Owned, You May Still Be A “Minority Shareholder”

New Jersey statutes provide important rights and protections to “minority” shareholders of small, closely held companies. The applicable statute provides a right to file a lawsuit for relief under the following circumstances: In the case of a corporation having 25 or less shareholders, the directors or those in control have…

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Federal Data Privacy and Cybersecurity Laws

The United States does not currently have a single comprehensive federal law regulating data privacy and cybersecurity matters. Instead, there is a patchwork of laws which at times overlap, and in other cases may even potentially contradict one another. This patchwork, together with the growth in interstate and international data…