Blog Posts


Entire Controversy Doctrine: Loophole Allows For Second Bite Of The Apple


Consider this hypothetical: Plaintiff accounting firm (“Accounting Firm”) files a collection suit (“Action 1”) against defendant limited liability company (“LLC”) for nonpayment of invoices.  In LLC’s answer to the Accounting Firm’s Complaint, LLC raises professional negligence as an “affirmative defense.”  LLC fails to retain...


New Jersey Appeals Court Applies Net Opinion Rule to Bar Legal Malpractice Expert’s Report


In an unpublished decision issued on March 11, 2015, the New Jersey Appellate Division applied the "net opinion" rule in barring an expert's report issued in the context of a legal malpractice case arising out of a failed real estate transaction. Giordano v. Bogart, Keane, Ryan & Hamill, L.L.C., Docket No. A-1631-13T1 (App. Div., March 11, 2015...

Posted by , March 11, 2015 • Experts, Litigation

Pitfalls of Terminating New Jersey Minority Shareholder’s Employment


TERMINATING YOUR MINORITY PARTNER’S EMPLOYMENT IN A CLOSELY HELD NEW JERSEY CORPORATION COULD TRIGGER MINORITY OPPRESSION Do you have a minority partner in a small business that is driving you crazy to the point where you can't even walk into your office without getting a knot in your stomach?  If you think the simple solution is to just termin...

Posted by , March 5, 2015 • Corporate, Litigation

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