Bankruptcy and the Automatic Stay
The moment a bankruptcy case is filed, a federal injunction is automatically entered to protect the debtor and his property. This is called the automatic stay. A defendant declares bankruptcy to avoid a bad situation before it gets worse. As soon as this happens, the automatic stay prevents anyone from pursuing the lawsuit against the defendant. […]
Conflict Resolution for Business Partnerships
When two people get married, it is referred to as “tying the knot.” That knot is a symbol of a bond not to be broken. In a business partnership, a knot is often a point of disagreement that impedes the flow of the operation of the business. Partners become at odds with one another and […]
Why Do Business Owners Hire Business Law Attorneys?
Business owners hire business law attorneys to prevent problems and protect their business. It is a function of smart business planning, just like marketing, sales and staffing. The sooner a business owner can hire a business law attorney, the more potential trouble can be avoided. Once a business owner hires a business law attorney, specific subjects […]
What to Look for in a Business Law Attorney
It is important that you know why you are retaining The Law Office of H. Benjamin Sharlin LLC as your business law attorney. If you own a business and require the services of an attorney, there are certain criteria you should be looking for. Schedule an appointment, and I will be happy to answer your […]
Establish Your Business with an Operating Agreement
You have finally decided to start your own business. Now, it is time to choose a business structure. Many small business owners protect themselves by forming an LLC, or limited liability company. Regardless of which structure is chosen, one key document is necessary to establish the operation’s rules and regulations. It is called an operating […]
The Ins and Outs of Buying an Established Franchise
While most entrepreneurs buy and build a franchise from the ground up, some choose to invest in a franchise that is already established. Is there a difference? There certainly is and familiarizing yourself with the ins and outs of buying an established franchise is essential before making such a substantial decision. Also Read 5 Legal […]
Understanding Partnership Disputes
It is one thing to own a business. It is a whole other matter to share ownership of a business. Business partners will always be prone to disputes. At the very least, there are fiduciary duties and obligations that partners have to one another and to the business itself. Partnerships also tend to be personal […]
Businesses Facing Surge in Lawsuits Related to State Consumer Law
Due to broad interpretation of a specific consumer law known as the Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), New Jersey has seen an increase in lawsuits against businesses operating in New Jersey. Plaintiffs and their lawyers have been particularly fond of the statute’s provisions, which can include a statutory penalty, actual damages or both. […]
Top Five Reasons Small Businesses Should Consult a Business Law Attorney
Just how many people does it take to run a small business? Who are the most essential people? Aside from the owner, is it the accountant? Could it be the insurance agent? For certain scenarios, a business law attorney can prove to be indispensable. A business law attorney will not necessarily play a role in your […]
Business Litigation: Credit and Debit Card Processing
Business Litigation Business Litigation may arise from many services including Credit and Debit Card Processing. If you are a merchant who uses a credit and debit card processing unit, you need to make sure that you are working with a credit and debit card processing company that has sufficient fraud safeguards that protect you. Too often, banks are […]