New Jersey Business Law Blog

Can government partners end contracts at their convenience?

On behalf of Nicoll Davis & Spinella LLP posted in contract disputes on Tuesday, May 22, 2018.

Working with government partners in Paramus offers you and your company a certain sense of stability. Such agencies can often be more reliable than private organizations in meeting contractual terms. However, they are also afforded more rights when it comes to getting out of professional agreements. One of those is the ability to terminate a contract "for convenience."

What is termination for convenience? Simply put, it allows your government partner to walk away from your agreement if it believes it is in its best interest to do so. This differs from termination by default, which is where either you or your partner fail to deliver the consideration promised in your contract.

William I. Greenbaum Joins Nicoll Davis & Spinella LLP

On behalf of Nicoll Davis & Spinella LLP posted in News on Thursday, May 3, 2018.

We are pleased to announce the newest member of our legal team at Nicoll Davis & Spinella LLP, William I. Greenbaum! Bill brings to the table a great deal of experience and knowledge in matters pertaining to employment and labor law in addition to related counseling and litigation. With his experience as having served as Assistant General Counsel for employment law matters at Warner-Lambert for 17 years and partner at the national law firm of Lowenstein Sandler LLP, he is an exceptional attorney with a lot to offer.

Approaches to solving business disputes

On behalf of Nicoll Davis & Spinella LLP posted in business litigation on Monday, April 9, 2018.

Business disputes are no rarity in America, as the plethora of start-ups continues to grow. Most New Jersey business owners -- no matter the stage of ownership -- understand the importance of resolving potential disputes.

Because a business dispute can throw an entire company off-kilter, owners generally must address all angles of the problem, whether it concerns a contract, unfair competition or customer discord. Below are a few strategies business owners have used in the past to overcome this obstacle.

New York City considering ban on after-hours emails

On behalf of Nicoll Davis & Spinella LLP posted in regulatory compliance on Monday, April 2, 2018.

Known as "the city that never sleeps," connectivity is both a buzzword and way of life for New York. A survey published in Inc. says employees spend an average of 30 hours per week monitoring, writing and reading emails. Much of this time spent on emails is done so outside of the office including while watching television, in bed and on vacation - but this routine could change soon for employees in New York City.

City proposes a ban on emails after work

Different types of intellectual property protections

On behalf of Nicoll Davis & Spinella LLP posted in intellectual property on Wednesday, March 28, 2018.

Whether you are an entrepreneur in New Jersey who is just getting a new venture off the ground or someone who has been managing a business and innovations for some time, you will need to be educated about how to protect your business from competition. To some degree, competition can be a positive market force but certainly there are things you do not want your competitors to be able to use against you and that you want to retain for your use only.

Intellectual property is a general term that refers to a myriad of things you have developed and may want to prevent others from taking advantage of. The United States Patent and Trademark Office explains that there are different types of protections available for you to apply for based upon the type of intellectual property involved.

Hewlett-Packard purchase shows the dangers of acquisitions

On behalf of Nicoll Davis & Spinella LLP posted in business litigation on Monday, March 12, 2018.

Whether two small local businesses are merging or it's an international, multi-billion dollar deal, mergers require an enormous amount of research and detail to ensure a smooth, legal transition. When Hewlett-Packard purchased the UK's Autonomy Corp. software business in 2011, the two organizations had no intention to be in court seven years later.

HP has filed a $5 billion civil suit, claiming fraud by Autonomy. The suit is largely about misrepresenting value. Autonomy listed their company at the time of sale as $10.3 billion, while HP valued it at $8.8 billion - a full $1.5 billion less - one year later. Both sides blame the other. HP alleges fraud and Autonomy alleges that poor management by HP diminished the brand's value. International law, different accounting methods and character analysis are just a few of the arguments taking place in federal court.

Non-disclosure agreement basics

On behalf of Nicoll Davis & Spinella LLP posted in contract disputes on Thursday, March 8, 2018.

In order to successfully conduct business, a company in New Jersey may well have to share confidential information with other parties at times. In order to feel confident doing this, they may find it important to enter into a special type of contract using what is called either a non-disclosure agreement or a confidentiality agreement.

As Forbes explains, these contracts really have two purposes or bind parties to two different things. The first of these is to not share the confidential information with others who are not identified as able to know it. The second is to not make use of the confidential information themselves.

How posting a photo of yourself can land you in court

On behalf of Nicoll Davis & Spinella LLP posted in Blog on Tuesday, February 13, 2018.

Copyright infringement can happen in a matter of seconds but cost you thousands for your mistake. Something as innocent as posting a photo or video of yourself if you aren’t the copyright owner can land you in court - and fast.

For Jessica Simpson, a photo she shared on Instagram may be landing her in court. Earlier this week, a lawsuit was filed against the celebrity after she posted a paparazzi photo of herself without the photo agency’s authorization. The lawsuit alleges that Simpson’s Instagram post infringed on copyright and that sharing their image publically resulted in a loss of revenue. The agency is seeking $25,000 in damages.

$1.6 billion lawsuit accuses Spotify of copyright infringement

On behalf of Nicoll Davis & Spinella LLP posted in Blog on Tuesday, January 30, 2018.

Countless music lovers depend on apps like Spotify to play virtually any number of their favorite songs at the click of a button. But not everyone appreciates the convenient access to a seemingly unlimited pool of music. In fact, some music publishing companies and artists are saying that Spotify isn’t giving them their share of the profits.

Risk Assessments in 2018

By Nicoll Davis & Spinella LLP posted in regulatory compliance on Thursday, January 25, 2018.

Now, more than ever, risk assessments are an essential component of corporate compliance and ethics programs that organizations cannot afford to overlook. Risk assessments are an effective way for companies to monitor and evaluate potential compliance risk within an organization, and may take a variety of forms.

Helping You Manage Risk Every Day