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When is a contract a contract? In a recent case, the Appellate Division of the New Jersey Superior Court considered three possibilities. The case involved the sale of a parcel of vacant land. The seller drafted a real estate contract, and sent it to the buyer, Coddington Communities, LLC, a limited liability company with two […]

Indemnity clauses are ubiquitous in contracts of all kinds; from copier leases to multi-million (and billion) dollar deals, indemnity clauses are an integral part of a contract. No contract should be without one. The purpose of an indemnity clause is to shift or allocate liability between the parties to a contract, and they are always, […]

Currently, six states, New York, Arizona, Maryland, Tennessee, Vermont and Washington, have passed bills that severely limit or prohibit the use of non-disclosure agreements in settlements of sexual harassment claims. Similar bills are pending in California, New Jersey and Pennsylvania. By far the most sweeping of the bills under consideration is S 121. That bill […]

The New Jersey Paid Sick Leave Act (“NJPSLA”) takes effect on October 29, 2018. Regulations for implementing the requirements of the new law were issued on September 17, 2018. Interested parties have until December 14, 2018 to file comments on the proposed regulations. Applicability All employers must comply with the new law; there is no […]

The scent of Play-Doh® is now a registered trademark. Over the years, numerous companies have tried, and most have failed, to register the scent of a product as a trademark. Among the exceptions are strawberry scented toothbrushes, sewing thread with a plumeria blossom scent and bubble-gum scented shoes, sandal and flip-flops. Earlier this year, Hasbro, […]