In a published decision issued on January 12, 2016, the New Jersey Appellate Division confirmed that the same 4-year statute of limitations period for asserting fraudulent asset transfer claims applies in commercial transactions and tort claims regardless whether or not the creditor has obtained a judgment. Rosario, et al. vs. Marco Construction ...
In a precedential opinion, the United States Court of Appeals for the Third Circuit held that a non-intended recipient of an automated telephone solicitation has legal standing to sue Bank of America for violating the Telephone Consumer Protection Act, 42 U.S.C. § 277. Leyse v. Bank of America, N.A., Case No. 14-4073 (3rd Cir., October 14, 2015). ...
In a decision sure to grab the attention of the New Jersey workforce, today the New Jersey Supreme Court unanimously ruled that an employer can recover the salary of an employee who breaches his duty of loyalty to the employer, without the necessity of the employer proving economic loss as a result of the duty breach. Kaye vs. Rosefielde, Docket ...
PERFECTING SECURITY INTEREST IN GOODS OR CHATTEL Under the Uniform Commercial Code (“UCC”), is a secured creditor required to file a new UCC-1 financing statement to perfect its security interest in equipment if a debtor moves its “location” to another jurisdiction? The answer may depend on whether the debtor is considered an “organiza...
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