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Articles Posted in Business Law

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NEW JERSEY REVISES ITS LIMITED LIABILITY COMPANY ACT

The New Jersey Uniform Limited Liability Company Act (the Act) was enacted in 1994 and governs NJ limited liability companies (LLCs). The Revised Uniform Limited Liability Company Act (the Revised Act) is the first major revision to the Act since its inception. Only NJ LLC’s formed after March 18, 2013…

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EMPLOYERS MUST USE NEW VERSION OF FORM I-9 AFTER MAY 7, 2013 TO AVOID FINES AND PENALTIES

The U.S. Citizenship and Immigration Services (USCIS), a department of Homeland Security, requires all employers to verify the identity of their employees and their authorization to be in the country. In order to comply with this an employer must closely follow all requirements set forth in the I-9 Form. The…

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It’s All in the Family… Tips for the Family Owned Business

The vast majority of family owned businesses fail to reach the next generation of owners as a result of poor succession planning. In fact, according to the Small Business Administration, while almost 90% of business are family owned, less than 30% of these businesses survive its second generation. Family businesses…

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SEARCH AND SEIZURE IN THE DIGITAL AGE

Earlier this month the U.S. Court of Appeals for the Ninth Circuit ruled that border agents may not perform a forensic search of a traveler’s laptop merely because he is crossing the border into the United States. In the current climate of heightened security to prevent terroristic acts, we have…

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PHILADELPHIA HAS NEW LEAD PAINT LAW FOR RESIDENTIAL LANDLORDS

Late last year Philadelphia enacted a new lead paint disclosure law that changes the way residential landlords do business in Philadelphia. Under the Lead Paint Disclosure and Certification (LPDC) ordinance effective later this month, a tenant in targeted situations must be given a lead paint certificate when the lease is…

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PENNSYLVANIA EMPLOYERS WILL NEED TO UPDATE EMPLOYEE HANDBOOKS AND OTHER CORPORATE POLICIES IF NEW SOCIAL MEDIA BILL PASSES

Last month Philadelphia City Council proposed a bill that would prevent employers from legally requiring employees to provide them with access to an employee’s social media account. Highlights of the social media protections afforded to employees or prospective employees under the proposed bill include: • prohibits requiring an employee to…

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PHILADELPHIA REAL PROPERTY OWNERS MAY BE ENTITLED TO A REALTY TRANSFER TAX REFUND

If you recently transferred real property in Philadelphia between July 1, 2012 and January 5, 2013, you may be entitled to a refund in the amount of transfer tax paid. For clear cut real estate transaction where property is being conveyed by a deed at fair market value, the transfer…

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DO WEBSITE TERMS OF USE BIND CUSTOMERS? SOMETIMES.

At the bottom of virtually every website is a link titled “Terms of Use” or “Terms and Conditions.” Click on this and you will see the conditions a company wants to impose on its customers who click through their website. Traditionally courts have held that “terms of use” and “privacy…

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CLIENT ALERT: RECENT COURT RULING REGARDING THE VIOLATION OF A COVENANT NOT TO COMPETE – SOLICITATION OF PAST CUSTOMERS

In a breach of contract case last month (January 2013), a Pennsylvania trial court correctly ruled (in my humble opinion), that a seller did not violate the terms of a covenant not to compete in an asset purchase agreement by providing services to its former clients. The new owners of…

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WORKPLACE NOTICE REQUIREMENTS – NEW JERSEY

Earlier this year (January 22) I blogged about workplace notices that are required by a business that maintains an office in Pennsylvania. Our New Jersey clients have spoken and I apologize. Set forth below is a list of the posting requirements for New Jersey businesses. These posters are in addition…

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