Articles Posted in Business Law

BUSINESSES MUST BE REGISTERED TO DO BUSINESS IN PENNSYLVANIA IN ORDER TO BRING LAWSUIT TO VERDICT
H. Adam Shapiro

Foreign corporations may not transact business in Pennsylvania without first obtaining a Certificate of Authority from the Secretary of the Commonwealth. All that is required is a simple application, docketing statement and a small fee. The specific requirements are clearly set forth on the Pennsylvania Department of State’s website. What happens if you decide to…

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NEW JERSEY SUPREME COURT SETS TEST TO DETERMINE INDEPENDENT CONTRACTOR STATUS
H. Adam Shapiro

On January 14, 2015, in a unanimous decision, the New Jersey Supreme determined that the ABC test is the proper test an employer must use to determine if its workers are independent contractors or employees. Of all the various tests used by New Jersey and other states, the ABC test sets the bar the highest…

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COMPLEX BUSINESS LITIGATION PROGRAM ESTABLISHED IN NEW JERSEY
H. Adam Shapiro

On November 13, 2014 the New Jersey Supreme Court added New Jersey to the growing number of states that have established complex business litigation programs. Effective January 1, 2015, designated judges in each county will provide individualized case management to complex commercial and construction cases that meet the required criteria. The Supreme Court of New…

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Pennsylvania’s Breach of Personal Information Notification Act
H. Adam Shapiro

Last month I had a business client come into my office concerned about a data breach. A disgruntled former employee hacked into the company server. While it appears this employee did not enter into any sensitive areas on the server, my client wanted to know what his responsibilities were with regarding to notifying customers of…

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NEW JERSEY SUPREME COURT TIGHTENS REQUIREMENTS FOR CONSUMER ARBITRATION AGREEMENTS
H. Adam Shapiro

On September 23, 2014, the New Jersey Supreme Court in a unanimous decision held that an arbitration clause in a consumer contract was unenforceable because it did not clearly and unambiguously signal to the consumer that she was surrendering her right to pursue her claims in court. The Court was troubled that the arbitration clause…

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NEW JERSEY EMPLOYERS MAY NOT INQUIRE INTO CRIMINAL HISTORY OF JOB APPLICANTS UNDER NEW “BAN THE BOX” LAW
H. Adam Shapiro

On August 11, 2014, New Jersey Governor Chris Christie signed the “Opportunity to Compete Act” (Bill 1999) into existence. The Act will become law in New Jersey on March 15, 2015. The Act limits the ability of “covered” New Jersey employers from looking into an applicant’s criminal record at any time during the “initial application…

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PENNSYLVANIA HAS NEW POWER OF ATTORNEY REQUIREMENTS
H. Adam Shapiro

On July 15, 2014 House Law 1429 went into effect and drastically changed what is required under financial powers of attorney (POAs). The new law was in response to rising incidents of elder abuse where agents placed their own self-interests before the principal. As such, the new law, among many other changes, places limitations and…

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