Category Archives: Business and Commercial Law

New Jersey business attorneys offering assistance to those seeking help in matters of business and commercial law.

How Do Trust Disputes Occur in Commercial Litigation?

When you own or co-own a business, there are many different disputes that can arise between other parties that are involved or have a stake in your company. Business trust disputes occur when an investor (trustor) sues its trust company. When creating a trust, the trustor and trustee sign a written contract under which the trust property is controlled by the trustee. Business trust disputes often occur within these trust contracts, but these kind of contract disputes are pretty different than normal contract disputes. What is a Business Trust? A business trust is created by a contract between the trustor and trustee. However, it would be unwise to view a trust only as a contract because it includes additional elements that a contract does not. The legal basis for a trust is to maintain dual property ownership under common law. This means that a trust’s duty is to protect the…
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What Are Whistleblower Protections?

Employees often know firsthand about their company’s business dealings, including any dishonesty or fraud. In the past, workers feared retaliation if they chose to bring attention to the corruption, so the U.S. Occupational Safety and Health Administration (OSHA) helps enforce several laws to protect “whistleblowers.” Whistleblowers report misconduct in an industry or even in their own workplace. Workplace retaliation against whistleblower activities, either from management or from other employees, is a violation of federal law. The Whistleblower Act of 1989 prohibits retaliation against employees of government agencies who report agency misconduct. The Sarbanes–Oxley (SOX) of 2002 extends similar protections to accounting and investment firms. According to the SOX law, employers can be fined or even imprisoned if they intentionally retaliate against a whistleblower who provided truthful information to law enforcement about a criminal offense. Retaliation can take many forms, including: Firing or laying off Demoting Denying overtime or promotion Denying…
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