Author Archive | Darrell M. Felsenstein

Tenant Self-Insurance Does Not Protect Landlords

In our practice, we have had numerous opportunities to represent property owners/ landlords in lease negotiations with large national retail tenants. Very often, these national companies propose lease provisions which seemingly provide protection to the landlord but, in fact, offer little substance. “Self-insurance” is when the large tenant does not purchase insurance from a carrier […]

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Shortening Time to Sue Can Be Permissible

Employment law and the litigation that so often follows, or even occurs during the employer/employee relationship, is constantly evolving as each side tries to get the upper hand on the other. In June, 2014, the New Jersey Appellate Division decided to uphold a lower court ruling in which an employment application contained a provision shortening […]

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Alternative Dispute Resolution

What is confusing to many litigants is that even after filing suit or being sued, they often are compelled, by court mandate, to participate in alternative dispute resolution (“ADR”), such as mediation and arbitration. Both are common means and methods of resolving disputes rather than having them decided by a judge or jury. The goal, […]

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Employment Manuals

Employment manuals or handbooks can be a sword or shield, depending on whether you are an employee or employer but, no matter, employment handbooks are essential for all businesses. In these difficult economic times, many employers try to forsake putting together a handbook, in the hope of saving some money, while others, who have an […]

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At Will Employment

With unemployment rates at their highest levels in a quarter of a century, one hot button topic in today’s economic climate is job security. Most employees do not have written employment contracts, which provide for a defined term of employment. Instead, most employees are considered to be “at will.” An “at will” employee can be […]

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General Equity/Chancery Practice

Although often our Litigation Department handles cases involving exclusively money damages, there are an ever increasing amount of litigation matters, which are filed in Superior Court, that do not involve statements where a person is suing another for money damages. Rather what is sought is an equitable remedy or, in other words, the achievement of […]

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Family Estate Disputes

Unfortunately, more and more litigation matters involve disputes between family members over inheritance and estate issues. Not all disputes center on the decedent’s Last Will and Testament. Often, the focus is on inter vivos gifts; i.e., gifts made during the lifetime of the decedent. Inter vivos gifts have long been disfavored by New Jersey Courts […]

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The New Jersey Franchise Practices Act

The franchise relationship places a great deal of pressure on the franchisee, despite the many advantages of utilizing a franchisor’s know how and reputation. A franchisee invests significant money and time and most often the risk of failure rests only with the franchisee. The franchisor does not concern itself with the failure of any individual […]

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Electronic Discovery

Instead of using file cabinets, many, if not most, offices and businesses now store at least some of their documents on computers. After all, it is a space saver and organization is much easier. However, what you must be aware of is that computer documents, e-mails and drafts of letters and agreements and the like […]

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